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H3. Ord 1947, CM residency requirementCity of Kalispell Jolmna Preble Office of City Attorney City Attomey 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: MEMORANDUM Mayor and City Council Johnna Preble, City Attorney Tel 406.758.7709 Fax 406.758.7758 jpreble(a),kalispell.com SUBJECT: Ordinance 1947 — Amending Section 2-36, Kalispell City Code, Residence of City Manager, Authorizing Council to Waive the Residency Requirement of the City Manager Through Contract MEETING DATE: November 17, 2025 — Regular Council Meeting BACKGROUND: On September 8, 2025, City Council held a work session to discuss an incongruity in City code. In 2022, Council repealed Ordinance 1582 thereby eliminating residency requirements for all City employees. However, § 2-36 of the Kalispell City Code requires the City Manager to reside in City limits. During discussion, Council indicated a desire to provide preference to City Manager applicants willing to reside within City limits. However, given housing and recruiting concerns, Council desired flexibility in negotiating City Manager residency through contract. The proposed amendment to Section 2-36 allows Council to negotiate this item. RECOMMENDATION: It is recommended that the Council amend Section 2-36, Residence of City Manager to allow the City Council to eliminate such requirement through contract. ALTERNATIVES: The Council may decide not to amend Section 2-36 or suggest alternate amendment language. ATTACHMENT: Ordinance 1947 ORDINANCE NO. 1947 AN ORDINANCE AMENDING SECTION 2-36, KALISPELL MUNICIPAL CODE, RESIDENCY OF CITY MANAGER, AUTHORIZING THE COUNCIL TO WAIVE THE RESIDENCY REQUIREMENT OF THE CITY MANAGER THROUGH CONTRACT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on September 8, 2025, City Council held a work session to discuss an incongruity in City code; and WHEREAS, in 2022, Council repealed Ordinance 1582 thereby eliminating residency requirements for all City employees; and WHEREAS, § 2-36 of the Kalispell City Code requires the City Manager to reside in City limits; and WHEREAS, given housing and recruiting concerns, Council desired flexibility in negotiating City Manager residency through contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That Section 2-36, Kalispell City Code, Residency of City Manager, is hereby amended to read as follows: The City Manager must reside in the City of Kalispell, unless the City Council, through contract with the City Manager, eliminates such requirement. SECTION 2. This Ordinance shall be in effect from and after thirty (30) days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, THIS 1 ST DAY OF DECEMBER, 2025. Mark Johnson Mayor Attest: Aimee Brunckhorst, CMC City Clerk