01/15/90 City Council Minutes201
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, JANUARY
15, 1990, IN THE COUNCIL CHAMBERS AT CITY HALL. 'MAYOR HOPKINS PRESIDED.ALL
COUNCILMEMBERS WERE PRESENT.
Mayor Hopkins called the meeting to order and led the Pledge of Allegiance.
CONSENT AGENDA
Approve Minutes
Regular Meeting January 2, 1990
Approve Claims
City Official Reports
Treasurer's Report (December)
Police Chief "
City Judge "
Building Official to
Councilman Atkinson moved the consent agenda be approved. Councilman Nystul seconded
and the motion carried.
PUBLIC HEARINGS:
Request for Zone Change, Suhr Transport: Tract 2, Resub, of Kalispell
Kalispell Lumber, Add. #50, from B-2 to I-1
There were no proponents or opponents.
Request for Zone change, Quirt's Addition from RA-1 to B-1.
There were no proponents or opponents.
MAYOR'S REPORTS: No Report
ACKNOWLEDGEMENTS AND APPOINTMENTS:
Transition Advisory Committee
Mayor Hopkins announced the appointed members to the Transition Advisory Committee.
The members are Virginia Sloan, Noel Furlong, Howard Hurst, Susan Moyer, Lee Carothers,
Wayne Saverud, Thomas Flynn, Marshall Murray and Duane Larson.
He announced the first meeting would be Wednesday, January 17, 1990 at 3:00 p.m. at the
Depot Conference Room at the Chamber Building. He said it is open to the public and
everyone is encouraged to attend. The immediate agenda is to address the salaries for
the Mayor and Council, to be installed on October 1, 1990. He said the filing period
for those openings opens Monday, January 22, 1990 and the salaries need to be set
before that date. He said hopefully the committee will have a recommendation for the
council. A Special Council meeting is scheduled for Thursday, January 18.1990 at 5:00
p.m.
Noel Furlong KDC
Mayor Hopkins stated it has been respectfully requested by the Kalispell Development
Corporation that Noel Furlong be appointed as the City Representative. He requested
a motion for the 'confirmation. Councilman Nystul so moved. Councilman
Atkinson seconded and the motion carried.
Barbara Moses - Hockaday Board
Mayor Hopkins appointed Barbara Moses to represent the City on the Hockaday Board. This
position was vacated by Wayne Saverud. Councilman Nystul moved the confirmation.
Councilman Atkinson seconded and the motion carried.
Council President Election
Mayor Hopkins reminded the council of the Council President election which will
take place at the next council meeting, February 5, 1990.
COMMITTEE REPORTS:
COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS -No Report
FINANCE/PERSONNEL & POLICY/INSURANCE
Ordinance #1143(First Reading) Salary Ordinance: Police Chief, Assistant Chief,
Lieutenant; City Judge; Building Official. Community Development Director & Program
Managers
Attorney Charles Hash addressed the council on this issue, representing Fred Zavodny:
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"It's too elegant a term to say I'm going to address you. I'm here with some humility
and in that you have obviously been working or some of you for years, all of you for
months, concerning this matter. I have only been looking at it for a couple of days,
so I'm here somewhat humble but also greatly bewildered. I want to express some of the
observation that Councilman Gunnerson made at your last meeting of saying the matrix
format was established and we need all procedures put in place,including the evaluation
process to determine the steps of the matrix an individual could be moved to. All of
those things have been going on. I take it since about 1988, with no real matrix
processes in place. I want to emphasize how important this must be, it involves
managerial level and many of the people that are so important to the City.
Their relationship to you as a council is important and it seems to me if that
relationship is going to continue to be a good one, you really must give serious
consideration to what you've been trying to do and to do it. I assume you all said
that to each other and I'm here at least on behalf of Fred and urge that you do it. It
really is bewildering to me what you've done. That may be because I'm obtuse, but
nevertheless I am somewhat bewildered.
In November you passed your Resolution 3912 in which you are setting forth again what
is the salary matrix for the non -bargaining unit employees and you know this, but I
want to remind you, that you say the adjustments in retroactive to July 1 but prior to
that you are attempting to establish a process for many, many months and a couple of
years that really has not been followed at all, as I can observe.
Because your Resolution for the matrix is a prospective thing, looking ahead, letting
these people in this non --collective bargaining unit know somewhat what they can expect
and you have given it deliberation prior to July 1. You've had a process working prior
to July 1. The mayor is to make recommendatons for individual adjustment by May 1. We
are now into January of 90 and none of that has been done. I think that, at least
speaking for my client Fred, it is a question of "is everything being applied fairly
and equitably without discrimination or personal and subjective items entering into a
process which you have been endeavoring to make one that is objective and following a
prescribed procedure". A procedure you imposed on yourself and yet have for what ever
reasons may be, seeming unable to follow those procedures.
Your Ordinance 1141 concludes with the section that says "all prior salary and
compensation ordinances or any ordinance or part of ordinances in conflict herewith are
hereby repealed. As I read that I wonder are you repealing Resolution 3912? Is that
your intent? Because it seems to be there is a conflict of a procedure prescribed in
3912. that you have not followed and are now saying in your procedure 1141 this is what
we are going to do. Fred is not here and does not have me here for the purposes of
conflict, but for the purpose of urging that this is a very important part of your
responsibilities to perform. You've made efforts, you who have long been on the
Council, have been doing it for a long, long period of time, the new members have been
doing it for a life a,s councilpersons and we'd like to urge that the necessary action
be taken and the resolve made that you do and will follow those procedures. I cannot
see where you really have in any manner in these recent months been following that
procedure at all. You refer to a matrix, but the matrix is merely a fiction.
I hope I'm expressing the frustrations of each councilmember as well that of my client.
And that there will be an implementation of the procedure that gives objectivity when
it sets a criteria, that criteria is to be followed. When it sets a procedure, that
procedure will be followed. And you won't, as has been done recently, in a matter of
weeks, has been done, an addition, a change. And that isn't what you intended to or
what I.would think. You would want that procedure that is without bias, without any
subjective elements at least with minimum of them as a procedure that is fixed and is
followed so that your employees in this unit have confidence that procedure is just and
the procedure is fair. But if it isn't followed, no one can make that compliment of the
system".
Councilman Nystul said for
the previous 8 years,
the salary changes for the non -
bargaining unit employees
were done often after the
bargaining units had settled,
sometimes off of the advice
of the negotiators and
sometimes that was the way the
situation worked. The council has always felt at ease
in making these changes because
we did not have any kind
of a system. There was no
correlation between the salaries
for new hired and existing
employees. There was little
objectivity looking at the
differences in salaries, so
the matrix project was started
by the council as an effort
to arrive at some logic and
some system to the approach
to the salaries to this group.
Resolution 3912, took a long time to get on the books. The intent was for Resolution
3912 to have been adopted many months earlier in that the procedure at that point of
time would have been followed. The adjustments that are proposed in Ordinance 1143, in
my opinion, are the adjustments that should have been made last June to follow what was
started in the matrix process. 5o at least, in my opinion, I think we have made a
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reasonable attempt to add some logic and some procedure to what is going on. We have in
Mayor Hopkins, a person who worked on the matrix project, and who is aware what has
gone into it, the theory behind it and fully intends to follow that council policy. So
that this coming June. we will probably correct and improve upon what we have done so
far today.
Mayor Hopkins asked Attorney Hash if he was seeking any relief for his client. Hash
said, "Zavodny is not questioning the decision of the council as to the changes on the
matrix, nor is he seeking any particular pecuniary benefits or re—evaluation. He is
seeking to have to the extent he can and hope that the other members also share that
same sense of bewilderment that we were promised or expected a system that was
objective in determining our salaries and we have been disappointed. That has not been
done. I would think that you would want to work with those people a little more. You
would benefit if you would, as you are trying to get this thing functioning, that you
solicit further suggestions from those employees that are members of that particular
unit. Because I think they could really make some constructive suggestions. But if
you have to work with them, it seems relationship with the employees feeling they have
been treated fairly and equitably. Thank you."
Councilman Nystul said he did not think any of us are in agreement right now, but we
have is a good system and recognize there are still some problems with it.
Councilman Nystul moved the first reading of Ordinance 1143. An Ordinance amending
ordinance No. 1141. fixing the limits of the salary and compensation of the city
officials, supervisors, and employees pursuant to Title 7, chapter 4, Part 42, M.G.A.,
beginning July 1, 1989; repealing all other ordinances in conflict therewith.
Councilman Furlong seconded the motion.
Councilman Larson spoke against the motion. He said he felt there were other city
employees that deserved a raise also in addition to the ones mentioned in Ordinance
1143. He thought the matrix was to consist of fairness and consistency and does not
see that this has been done.
Councilman Gunnerson spoke in favor of the motion, he said if all individuals were
reviewed and considered.
Councilman Larson asked Atkinson if evaluations were done.
Councilman Atkinson said an evaluation process was done by the Mayor and part of one
page was received by the committee, with the recommendations. The recommendation was
there would be an across the board increase for all non —union members and further
adjustments for certain department heads.
Mayor Hopkins said that matter was taken up at the time and was addressed by he
council. The across the board salary increases were granted based upon the mayor's
recomendation. The council decided to ignore the specific additional requests and
later came back to adjust individuals of the matrix as opposed to address it as
additional merit. He said he would leave it up to the council as to include it in the
record again tonite.
Councilman Schindler said he agreed with Councilman Larson. He said some of the persons
listed for raises are far deserving of an adjustment of the standard yearly increase.
He did not feel it was being done in the proper fashion. He said he would be agreeable
to the present mayor doing evaluations and giving his recomendation to the committee
than to accept a half page. He said he spoke against the ordinance, not because people
are not deserving of a raise, but because it has not been done the right way.
Councilman Atkinson said at the 12/18/89, the committee gave it's recommendation and it
was returned to the committee by the council for further review by the next council
meeting.
Councilman Atkinson spoke in favor of the ordinance. He respectfully submitted these
positions of adjustments. He said these adjustments were considered by the committee.
Mayor Hopkins said for the sake of consideration, it is on the top of his agenda to
make sure these evaluations are done according to the resolution that goes wih the
matrix and that the council does have the information necessary to make salary
adjustments in a timely basis next time. He said with all due respect for the work
that has gone into this, he also feels uncomfortable with the resolution, even though
he voted for it at the last meeting. He said if any other members feel uncomfortable,
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that it could be considered that these evaluations will be coming up again this spring,
and being retroactive to the same time period that this ordinance is retroactive. That
is not depriving anyone of any salary that is not just deserved based on merit.
Councilman Nystul said he thought the intent of the Finance Committee was that there
were some adjustments, that are included in this ordinance that should have been made
prior to the departure of reorganization of council. And that was one of the reasons
it was moved forward at the last meeting. This does not mean that this is the ultimate
or covers all the discrepancies in the schedule comparing the non -bargaining unit and
the relationships of those people to the bargaining unit. It should be one of the
goals of the committee, council and administration, that the evaluation process and
the recommendations that are presented in the spring, considering all these other
factors ,it is important that it is realized this is an ongoing process and that the
adjustments that are proposed to be made in Ordiance 1143 may not cover all bases. But
they are important enough to proceed with because they do take care of some of the
situations. And it's important to make these adjustments now rather than wait another
six months.
Councilman Gunnerson said he felt very uncomfortable with the term "may not cover all
discrepancies". He said that if this is the case then we had better review again and
come up with conclusions on every one of the discrepancies that are present on the
matrix scale. He said with the comments he has heard, he is very concerned now.
Councilman Nystul said the only way the entire city is going to be without some
discrepancies, is to hire a consultant and do an evaluation of every position both
within and out of the city, according to the local economy and start from scratch. He
said he did not think we will reach that point until we have some professional
leadership from the front office. In the interim, there may be some minor decisions
others would make in looking at this.
Upon roll call vote, the motion passed, with Councilmen Gunnerson, Schindler and Larson
voting against.
City Court/Finance Committee
Councilman Nystul said the City Court Judge and Court will work with the Finance
committee on budget and other matters, as they have been without representation.
PARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION
Ordinance_ #1144 (First Reading) Zone Change, Tract2, Resub. Of Kalispell Lumber,
Addition #50, B-2 to I-1
Councilman Atkinson moved Ordinance No. 1144, an ordinance to amend section 5.01,
official zoning map. City of Kalispell Zoning Ordinance (Ordinance No. 1110), by
zoning tract 2, resubdivision of Kalispell Lumber, addition #50. to the City of
Kalispell, Flathead County, Montana (previously zoned general business, B-2) light
industrial, I-1, in accordance with the Kalispell City -County master plan, and to
provide an effective date.
Councilman Nystul seconded the motion and the motion carried unanimously.
Ordinance #1145 (First Reading) Zone Change, Quirt's Addition, RZ-1 to B-1
Councilman Atkinson moved Ordinance No. 1145, an ordinance to amend section 5.01.
official zoning map, City of Kalispell zoning ordinance, (Ordinance No. 1110). by
zoning the Quirt's addition (previously zoned residential apartment, RA-1) neighborhood
business, B-1, in accordance with the Kalispell City -County master plan, and to provide
an effective date.
Councilman Gunnerson seconded and the motion carried.
U.S. Highway 93 North Access Plan
Councilman Atkinson reported at the 1/9/90 committee meeting, the committee was given a
Site Access improvement Plan for U.S.-Highway 93 North. He said it was recommended by
Clete Daley for future planning for Highway 93 North of Kalispell relative to highways
and roads to take pressure off of Highway 93 near the FVCC campus. He said the
proposed motion only states this is a plan and will not actually happen. This will be
on approving the concept.
He said the committee recommends the approval of this access plan with the
understanding it will eventually be implemented through the master plan. Atkinson so
moved and Councilman Furlong seconded.
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David Greer from FRDO, said this is a plan that tries to anticipate the traffic volumes
to the year 2010. It is a study between Conway Drive entending to Reserve Drive. The
purpose is to anticipate where access would be appropriate on that stretch of the
highway. The Highway Department does not want to spend slot of time improving the
highway between Kalispell and Whitefish without anticipating where intersection
improvement should be made.
David Greer gave a brief summary of the record. He said everything mentioned so far,
would be funded by FAP (Federal Aid Primary) funds. It will not involve any funds from
the local governments.
David Greer gave a brief summary of the report.
Councilman Nystul spoke in favor of the motion and encouraged anyone who has not read
the report to do so.
Councilman Schindler spoke against the concept.
Upon vote, the motion carried with Councilman Schindler voting no.
Golf Course Donation
Councilman Atkinson reported there is a location just east of Sunnyview Lane, where it
runs into Grandview that is approximately twenty feet wide by sixty one feet long, that
is privately owned by the Golf Course. The Golf Course would like to give that portion
of land to the city.
Councilman Atkinson moved the council accept this strip of land from the Golf Course
and direct the staff look at the history of it. Councilman Schindler seconded the
motion.
Councilman Furlong said he felt we should look at the history before accepting.
After some discussion, the motion was amended to read that the council direct the staff
to look into the history of the strip of land in question and upon staff
recommendation, the council will accept the land as gift from the Kalispell
Golf Association.
Councilman Granmo spoke against the motion. He said he would feel more comfortable
waiting to hear the results of what the staff finds out.
Councilman Nystul agreed. with Granmo. He said he felt the final acceptance should
come back to council.
Upon vote, the motion passed with Councilman Nystul voting against.
Call for Bids —Pool Blanket
Councilman Atkinson moved a call for bids for a swimming pool blanket. Councilman
Furlong seconded the motion. Upon vote, the motion carried unanimously.
PUBLIC SAFETY/PARKING/GAMBLING—No Report
PUBLIC WORKS/AIR QUALITY/AIRPORT
Report on Street Reconstruction Update
Councilwoman Moses reported the PWD is finalizing the street plans for coming
construction season. The plans for inside the Tax Increment District are being
presented to the Community Development and Tax Increment committees. All plans will
be brought to the council for adoption in the near future.
SEWER & WATER
Councilman Nystul reported the committee met last week with the City Attorney relative
to the negotiations with Evergreen. There is a committee meeting scheduled for
Thursday, 1/18/90 at 7:00 p.m, with the Evergreen Water District at their office.
Water and sewer rate increases will be among the issues discussed.
ANNOUNCEMENTS:
Committee Meetings:
New Insurance Committee, 1/17 Wednesday, 8:15 A.M. Council Chambers
Sewer & Water, 1/18 Thursday, 7:00 P.M. Evergreen Water District
Public Works 1/24.Wednesday, 7:00 A.M. Conference Room
Councilman Nystul said he would be out of the state for ten days beginning 1/21/90.
Special Council Meeting 1/18 Thursday, 5:00 P.M. Council Chambers
ADJOURN
The meeting was adjourned at 8:57 P.M.
ATTEST:
Amy Robe son, Acting City Clerk —Treasurer
Debbie Liverman, Recording Secretary
Telephone (4061752,6WO
P.O. Box 1997
Zip 59903.1997
A (Ali: -
Rog W. Hop i s, Mayor
Approved:-ap presented February 5, 1990
The City of Kolispell
kwooporoled 1892
January 16, 1990
S P E C I A L M E E T I N G
510 WE HOMRMLE BMW OF
CITY OF KALISKIL, MONPANA
Roeder Hopkins
Mayor
There will be a Special Meeting of the City Council Thursday, January 18,
1990 at 5:00 P. M. in the Conference Room at City Hall for the following
purpose:
SET SALARY SCHIMULE FOR NFSV MAYOR AM COUNCIL MOZI S
We, the undersigned, mmbers of the City Council, do hereby affirm we have
1;een properly notified of the calling of this Special Meeting to be held
Thursday, January 18, 1990 at 5:00 P.M. in the Conference Roue at City Hall
and consent to the transaction of the above business,,ard any other business
that may properly cone before the City Ca=il.
W
ATTEST:` er W. iris, Mayor
Nn,v,-TU)erXson, Acting City Clerk -Treasurer
Cary W. Nystul Noel Sf ax ng
J. Moses
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M. Duane 1.4rson
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