09/10/01 SP City Council MinutesI - .. -!7
1903
A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 6:30
P.M. MONDAY, SEPTEMBER 10, 2001, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED.
COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, RANDY KENYON, DUANE
L'ARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY
MANAGER CHRIS KUKULSKI WERE PRESENT. COUNCIL MEMBER DALE HAARR
WAS ABSENT.
Mayor Boharski called the meeting to order.
AGENDA APPROVAL
Scarff moved approval of the agenda. The motion was seconded by
Counsell.
There was no discussion.
The motion carried unanimously upon vote.
CITY ATTORNEY RETIREMENT AGREEMENT
City Attorney Glen Neier has drafted a retirement/severance
agreement to become effective September 14th. Neier has been
Kalispell's City Attorney since April, 1982.
Larson moved Council acceptance of the retirement agreement
between the City of Kalispell and Glen Neier. The motion was
seconded by Atkinson.
There was discussion.
Leistiko questioned Section 7b, which states: "it is agreed that
this Agreement is the settlement of a disputed claim...".
Leistiko said he doesn't remember that section in the draft
agreement and feels it should read: "it is agreed that this
Agreement is not in settlement of a disputed claim..."
Kukulski said the agreement is essentially the same as originally
written, however, he did enlist Randy Ogle, a local attorney, to
review the agreement on behalf of the City. He said that section
was not changed and was included in the draft.
Scarff commented if Ogle didn't find any fault with the
agreement, then the Council should leave it as it is and move on.
Boharski said technically, he only has one concern, and that's
the possibility of running over on the time of nine hours per
month. He asked how that's going to be handled administratively.
(The agreement states that Neier will be available for
consultation for a total of eighty six hours over the next ten
months for an average of approximately nine hours per month.
Anything over that amount of time will be billed at the rate of
$125.00 per hour.)
Kukulski said he suspects
consultation with Neier will be
relatively heavy in the early
months and as time goes on, it will
be less and less. He said he
could issue a directive stating any
correspondence with Neier has
to be approved through him.
The motion carried upon roll
call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Scarff and Van Natta voting in favor,
and Boharski voting against.
ADJOURN
The meeting was adjourned at
6:50 p.m.
Wm. E. Bohars i
ATTEST:
Mayor
Theresa White
City Clerk
Approved September 17, 2001
Kalispell City Council Minutes
Special Meeting - September lo, gool
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