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* AgendaAGENDA REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL ROLL CALL PLEDGE OF ALLEGIANCE AGENDA APPROVAL 1. Consent Agenda Approval 7:00 P.M. TUESDAY JANUARY 19, 199,8' I A. Council Minutes - Regular Meeting January 4, 1998 B. Approval of Claims per Payables Register $200,933.95 2. Hear the Public (Please see the back of Agenda for Manner of Addressing the Council) 3. Resolution 4444 - Award Bid - Lot 4 - Teton Terrace 4. Resolution 4445 - Award Bid - Lots 19 & 22 - Woodland Court 5. Resolution 4446 - Amending Resolution 3922 - Tax Increment Policy 6. Ordinance 1299 - American Land & Development Inc. Zoning of R-2 - 2nd Reading 7. Ordinance 1300 - Special Street Maintenance Adjustment - 2nd Reading 8. Ordinance 1301 - Uniform Building Code, et al. - 2nd Reading 9. Authority to Advertise for Sale - Lots 1 and 3 of Daley Field 10. Adoption of 9-1-1 Interlocal Agreement 11. City Manager Selection Contract Approval - Interim City Manager - Al Thelen 12. Council Comments/Information/Questions (no action) FOR YOUR INFORMATION Council Workshop - January 25, 1998 at 7:00 p.m. Next Regular Meeting - February 1, 1998 at 7:00 p.m. ADMINISTRATIVE CODE adopted July 1, 1991 a. Each person not a Council member shall address the Council, at the time -designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that persons name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. C. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Theresa White, Clerk of Council at 758-7756 AGENDA MEMORANDUM January 19, 1999 TO: Mayor and City Counci FROM: Glen Neier, City A orney Agenda Item No. 1. Consent Agenda — Included in your packet is the Consent Agenda, consisting of the following: A) The Council Minutes of the Regular City Council Meeting of January 4, 1999 is included for your review and approval. B) The Approval of Claims per Payable Register in the Amount of $200,933.95 is included for your review and approval. Agenda Item No. 2. Hear the Public Agenda Item No. 3. Resolution No. 4444 — Award Bid - Teton Terrace Included in your packet is a memo from Susan Moyer, Housing Manager, discussing a bid opening on December 23rd, 1998. At Teton Terrace, Pacific Homes and Land, Inc. was the successful bidder on a Teton Terrace duplex. Pacific will build the duplex but the City, in accordance with previous Council approval, will retain ' of the duplex as a model. Resolution No. 4444 authorizes the sale of Lot 4 to Pacific. Lot 3, the model, will be sold to a qualified buyer later on in the process. The cash and other valuable consideration (ovc) mentioned in Resolution No. 4444 includes the foundation and utility work on the site already in place. A motion to approve Resolution No. 4444 should be made and passed by the Council. r \wn�aaenda me Post Office Box 1997 - Kalispell, Montana 59903-1997 Agenda Item No. 4. Resolution No. 4445 — Award Bid - Woodland Court The December 2311 bid opening also included two single family lots in Woodland Court. Again the purchase price included utility and foundation work already accomplished at the site. Pacific Home and Land, Inc. was the successful bidder. Resolution No. 4445 authorizes the sale of the property to Pacific and should be passed by the Council. Agenda Item No. 5. Resolution No. 4446 — Adoption of Revised Tax Increment Policy In 1990 the City Council adopted a Tax Increment Policy Manual setting forth the basis of review for projects wishing to avail themselves of tax increment funding. Recent requests for loans from the TIF have necessitated a review and refinement of the previously existing policy. Susan Moyer appeared before the Council at the January 11", 1999 workshop and discussed the proposed new policy. We have included in your packet a document entitled "Application Process - Tax Increment Financing" which supplants the policy adopted in 1990. Significant changes are as noted in Susan's memo which accompanies this item in the agenda. Resolution No. 4446 evidences adoption of the policy and should be adopted by the Council. Agenda Item No. 6. Ordinance No. 1299 - American Land and Development, Inc. - Zoning The City Council at the January 4tn Council meeting annexed certain real property owned by American Land and Development, Inc. located East of Willow Glen Drive at Kelley Road. The property annexed is currently zoned One Family Residential (R-3) under the Flathead County Zoning Regulations. The surrounding property is generally zoned residential, with the exception of the County Shops located North of the property, which is zoned Public. In order to conform to the Kalispell Zoning Ordinance the property needs an attached City zone which is Residential (R-2) which provides for single-family dwellings of at least 9600 square feet. The City County Planning Board and Zoning Commission recommended R-2 for the subject property, and a motion should be made and passed approving Ordinance No. 1299, zoning the property Residential (R-2), second reading. I:\wp\agendamemo -2- Agenda Item No. 7. Ordinance No. 1300 - Street Maintenance Adjustment - 2ad Reading At the Council Workshop on November 23rd, 1998, the Council discussed adjusting the Special Street Maintenance District Ordinance to allow for a reduction of assessments for individuals when the assessment is larger than the benefit they derive from the service. The City -has similar provisions in the Storm Sewer Ordinance, which allows for adjustments upon application to the Council. Jim Hansz, Director of Public Works, has recommended an adjustment mechanism similar to that utilized under the Storm Sewer Ordinance. Ordinance No. 1300 incorporates the language suggested by Hansz and will provide a remedy for individuals who are unreasonably assessed. The Ordinance passed first reading at the January 4th meeting of the Council. A motion should be made and passed to adopt Ordinance No. 1300,-second reading. Agenda Item No. S. Ordinance No. 1301 - Uniform Building Code, et. al - Second Reading The Montana Department of Commerce, Building Codes Division has adopted various uniform Codes applicable to building within the State of Montana. The City of Kalispell if it desires to retain its building enforcement system must adopt the Codes adopted by the Building Codes Division. Ordinance No. 1301 adopts the various Codes enforced within the Kalispell jurisdictional area. Certain minor adjustments were made to the Ordinance after first reading, reiterating the intention of the Ordinance that fees under the UBC, UPC, UMC and CABO will not increase as a result of Ordinance No. 1301. A motion should be made and passed approving Ordinance No. 1301, second reading. Agenda Item No. 9. Authority to Advertise for Proposals for Sale of Lots 1 and 3 - Daley Field At the Council Workshop on January 11', the Council discussed a proposal by this office to advertise for the sale of the remaining lots at Daley Field. After some inquiry into the possibility of leasing the lots, this office determined leasing the property posed certain risks which mitigated against leasing. Chief among the objections to a lease is the City would probably be in a subordinate position to any construction loan taken out. In the event of default the City might lose the property to a first position mortgage. The City has received several, what I consider, bona fide inquiries on at least the 3+ acre parcel. Selling the property will provide funds which the Council might utilize for U.S. Highway #93 I:\wp\agendamemo -3- construction or airport improvements. If the Council authorizes advertising the property, this office and PECDD will commence preparation of an offering document. I would suspect proposals would not be received prior to early to mid - April. We will be advertising the property under the Urban Renewal Law. Agenda Item No. 10. Adoption of 9-1-1 Interlocal Agreement Jonathan Smith, Deputy County Attorney, has re -drafted the Interlocal Agreement on 9-1-1 dispatch. He included all recommendations of the Council and made editorial changes. The Council should by motion authorize the Mayor to execute the Agreement on behalf of the Council. Once the document is approved by the other jurisdictions the County Attorney's office will provide original copies for signature. Agenda Item No. 11. City Manager Selection - Contract Approval - Interim City -Manager - Al Thelen We have included in your packet a proposed contract with Al Thelen which conforms to the discussion the Council had at the January 11"' workshop. Mr. Thelen has agreed to serve as interim manager for a period of approximately 90 days for a payment of $6000.00 per month, an automobile and round trip air fare once per month during his tenure. He has indicated he would be in a position to begin employment on January 25th 1999. City staff is in the process of checking the references on the three remaining candidates for permanent manager. Our reference check should be done mid -week of next week. This office is of the opinion that a final decision on a procedure and protocol for recruitment of a manager should wait until Mr. Thelen has had an opportunity to talk to the Council. It will probably be a couple of weeks before we can make arrangements to interview the candidates, but the Council may wish to discuss available dates. Agenda Item No. 12. Council action) Comments/Information/Questions (no I:\wp\agendamemo -4-