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07/17/89 City Council Minutes151 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL V&S HELD AT 7:30 P.M. MONDAY, JULY 17, 1989 IN THE COUNCIL CHAMBERS AT CITY HALL. NIAYOR-KENNEDY PRESIDED. COUNCILMEN SCEIINDLER, NYSTM AND FURLONG WERE ABSENT. ALL OTHER ODUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. CONSENT AC Approve Minutes July 5, 1989 Regular Meeting. Approve Claims City Official Reports Treasurer's Report June Police Chief If City Judge " Building Official " Councilman Atkinson moved the consent agenda be approved as presented. Councilman Gunnerson seconded and the motion carried. ADDRESSSING THE COUNCIL Ernie Day of 1335 Second Avenue Fast registered a complaint about weeds and thistles at the property located at 1327 Second Avenue East. MAYOR'S REPORTS: First A112y West Mayor Kennedy stated that he would like to applaud Northwestern Telephone. He reports they came in at least $10,000 under the estimate of their portion of the First Alley West underground utilities. He appreciates them coning in under on an open ended bid. Resolution 3887 Mayor Kennedy announced that he had a prepared statement he wished to read on the resolution: "At the City Council meeting on July 5, 1989, the City Council of the City of Kalispell passed Resolution No.3887, entitled A RESOLUTION DIRECTING THAT SELECTION COMMITTEE FOR NON--BARGAIAIING UNIT SUPERVISORY EMPLOYEES C7ON!'AIN A PEER OF THE APPROPRIATE CITY COUNCIL OOMMITM. Since the passage of the Resolution, I have been studying the ramifications of allowing City Council members to sit on selection ccmnittees for all supervisory employees. Under Montana Law, specifically 7-3-213 (3), MCA: The executive may: (3) appoint, with the consent of a majority of the commission, all department heads and remove all department heads and may appoint and remove all other department employees. It seems to me that the Council, under 7-3-213, MCA, has the authority to become involved in the appointment of department heads by the Mayor, but has no authority to select successful candidates for other supervisory positions. Further, under 7-4-4303, MCA: The Mayor has the power to: 1) nominate, and with the consent of the Council, appoint all ncn-elective officers of the city or town provided for by the Cotncil' . . Under 2-8, Kalispell City Code, the "officers" subject to appointment with the advice and consent of the Council are set forth -as follows: City Clerk -Treasurer, City Attorney, Chief of Police, and Police patrolman, and Engineer. The Com amity Development Director is provided for under 2-49, Kalispell City Code. The Fire Chief, Assistant Fire Chief and fireman positions are appointed under 9-1 Kalispell City Code. Although the Parks Director's position has no ordinance designation, I believe the position to be a department head, with the Council having some authority over the appointment. Except for the list provided above, no other supervisory position in the City requires Council approval. Montana law does not require Council approval of non -department head supervisors. in -so -far as non -,department head supervisors have very little to do with department heads or the Mayor, I feel that the Councils desire to have a member sit on all selection committees is an unnecessary, and possibly, illegal intrusion into the authority of the Mayor, and an unnecessary intrusion by the policy --making body into the administrative division of City government. Therefore, pursuant to 7-5-122 and 7-5-4206, MCA,, I, John "Ed" Kennedy, Jr., as Mayor of the City of Kalispell, hereby exercise my -authority and veto Resolution No. 3887. -W � The Council has the authority to override this veto, provided such authority is exercised by 2/3 vote of the whole number of members of the Council, either at the meeting on July 17, 1989 or August 7, 1989. Dated this 17th day of July, 1989. /s/ John "Ed" Kennedy, Jr. Mayor ACKkUWLEDGEMEMS AND APPOIN bENT'S Mayor Kennedy reported that a memo was circulated to City Council and at this time wished to appoint Mr. Rick Warneke, who is the owner of Insty Prints, to the Kalispell Parking Commission to replace Mr. Bob Ivey. He asked for Council confirmation on the appointment. Councilman Atkinson moved approval of the appointment, which was seconded by Councilman Saverud. Councilman Hopkins felt that Mr. Warneke would be an outstanding addition to the ccn¢ fission, but questioned member's in -city residence requirements. It appears that none of the crnmission members live within the city limits -- nor does Mr. Warneke.. He asked if we weren't perpetuating a wrong with the appointment of another out -of -city resident as a commission member. After much discussion of the residency requirement, it was suggested the appointment be tabled until the ordinance is reviewed, possiby rewritten and enforced regarding residency requirements. City Attorney Neier pointed out that the ccra-aission acts in advisory capacity only. Councilman Saverud. agreed with the City Attorney, but the co mission has a lot of authority that they have just chosen not to exercise. He encourages the description of the Parking Commission function be rewritten to make it more particularly an advisory group. Councilman Saverud stated that he knew Mr. Warneke to be a very capable individual and very active in the business ccnrmity. He moved to table the motion until the Mayor can present to us language that would draft the new status for the Parking Commission as that of advisory status. Motion seconded by Councilman Hopkins, carried. CONVEITTEE REPORTS: STY DEVELOPMENT/PUBLIC BUILDINGS - No report. FINANCE/PERSONNEL & POLICY/INSURANCE Ordinance #1135 - Salary ordinance ammciirnan Atkinson moved approval of Ordinance 41135, an ordinance amending Ordinance #1132, fixing the limits of the salary and cessation of the City officials, supervisors and etployees pursuant to Title 7, Chapter 4, Part 42, M.C.A., beginning July 1, 1989; repealing all other ordinances in conflict therewith. Motion seconded by Councilman Saverud. Atkinson explained that this was simply a change in the Salary Ordinance to include the AFSCME changes as a result of the second year of the contract. Clerk/Treasurer Halver stated this also included the salary of the water -Sewer Superintendent position, which was not in the most recent salary ordinance, and location of that position in the final draft. The ordinance passed upon roll call vote with all in favor. Staff Evaluations and Salary Reccn nendaticns Councilman Atkinson stated that the Finance Ccnrdttee at the last two meetings at least has requested of the Mayor a report of salary reccuu endations and staff evaluations. 'these have not yet been received and it is the committee's recommendation to make a motion to the council. He so moved that the council request the Mayor's report presented to the Chairman of the Finance Committee by July 25th at 5:00 P.M., giving the evaluations and staff salary recommendations. Seconded by Councilman Hopkins. Councilman Gurmerson spoke against the motion, feeling this matter could be handled outside the Council floor. Mayor Kennedy advised that the reports were 90% done, he was waiting to talk with some of the employees. Motion carried. - I 1 153 1 1 1 Budget Calendar Councilman Atk3nSM listed meetings as follows: Jul 25, Budget. He recommends holding a Council Works n. Adoption of Preliminary Budg g hap on Monday, July 31st, beginning at 1:30 P.M.to review budget proposals. The Public Budget Hearing will be held on August 9th. The Adoption of the Final Budget will be held in a Special City Council Meeting on August 14. Mayor Kennedy encouraged department heads to meet with their respective committees prior to the budget workshop. PARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING RECUT-ATION Soccer Lease Vice Charon n Atkinson said that a copies have been distributed and the conn-ittee recommends passage of the lease. He moved that the lease be adopted by the City Council as the agreement with the Soccer Association. Seconded by Councilman Gunnerson. The addendum to the lease will be a drawing showing placement of the soccer fields at Begg Park. Motion carried. PUBLIC SAFETY/PARKING/GAMLI.NG - No report. PUBLIC WORKS/AIR QUALITY/AIRPORT Sewer Maintenance Vehicle Bid Councilman Hopkins reported on an item that is actually a Sewer & Water Committee matter: the approval of the single bid received on the truck for the Sewer Department. The Sewer & water Comittee at their July 14th meeting recommended to send to the Council recommendation for approval of the bid from Bob Meier Olds in the amount of $12,853.00. This was actually $1,500.00 lower than expected for a 1989 model just before the 1990 models came out. Hopkins moved that the bid be accepted, seconded by Cbun+ciln-an Hafferman. All voted aye. Notion carried. SEWER & WATER - No report. ANN DUNCEMENrI'S Councilman Atkinson requested the Council meet in closed session imnediately following this meeting to discuss pending litigation. CmuLittee Meetings Personnel & Policy, July 25, 1989, 5:30 P.M. Closed Negotiation Meeting Public Works, July 20, 1989, 8:00 A.M. The meting was adjourned at 7:58 P.M. ATTEST: G - Dan Halver, C.M.C., Clerk Treasurer Approved as presented August 7, 1989