* 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-