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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 Dana 1 of 1