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03/19/90 City Council Minutes230 230 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, MARCH 19. 1990, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HOPKINS PRESIDED. COUNCILMAN GUNNERSON WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Hopkins called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Claims City Official Reports Treasurer's Report (February) Police Chief " City Judge " Building Official " Councilman Nystul moved the consent agenda be approved. He requested the March 5, 1990 minutes be approved at the next meeting. Councilman Atkinson seconded and the motion carried. BID OPENING Curb/Sidewalk, Meridian Road Marriott Concrete Inc. Bid Item #1 L.F. Unit Price Total 5,600 $5.39 $30,184.00 Bid Item #2 200 6.64 1,328.00 S.F. Bid Item #3 500 1.89 945.00 Bid Item #4 750 1.84 1.380.00 Total $33,837.00 Sandon Construction Bid Item f1 L.F. Unit Price Total 5.600 $7.00 $39,200.00 Bid Item f2 200 8.00 1,600.00 S.F. Bid Item #3 500 2.00 1,000.00 Bid Item #4 750 2.50 1.875.00 Total $43.675.00 Councilman Atkinson moved the bids be referred to Public Works Committee for review and consideration. Nystul seconded and the motion carried. Swimming Pool Blanket Bid Bond Total Crown Aquatics Inc. 10% $8,629.14 Wm. Smith & Assoc. 10% 9.889.00 Recreation Supply Co. 10% 10.842.72 Industrial Design 10% 9.335.84 Councilman Atkinson moved the bids be referred to the Parks Committee. Nystul seconded and the motion carried. ADDRESSING THE COUNCIL Lee Carothers: Transition Advisory Committee Lee Carothers reported the committee is working on the organization, ordinances and authorities of the new form of government. The recommendations will be back to the council in the near future. He stated a revised time table has also been developed for the transition based on the memorandum from the State Attorney General's office. He said a proposed job description has been drawn up according to state statutes. He said five different reply letters for the clerk or mayor to respond as applications are received. have been developed. As of today, he said there have been twenty applicants. He stated February 27, 1990. advertisements started for the manager position, locally. around the state and nationally. The total cost being $507.50. He said on March 23, 1990, the committee will begin working on the interview process. using Livingston, Montana criteria and their process. 1 Councilman Atkinson thanked the committee for what they are doing. He said he was very 231 appreciative of the professionalism and the good work that has been done. Mayor Hopkins stated he appreciated the enthusiasm and the gusto the committee has shown. It has been a great help to the Mayor and Council. Carothers stated the application process ends April 30, 1990. PUBLIC HEARING PROPOSAL TO PROVIDE SEWER SERVICE TO EVERGREEN RESIDENTS Mayor Hopkins stated this is a question of annexation, and collecting sewage from Evergreen District. He said the council has been studying with representatives from the Evergreen Water District for about a year. He said the two -fold question is, should we be accepting the sewage from Evergreen. He said he thought everyone agreed on that. The larger question is whether or not we should take that sewage with the condition that at some point in the future, we have been talking about ten years, that the city would have an unarguable right to annex Evergreen. Forest Daley, 1005 8th Ave. East, requested the city continue vast regulations for anyone who wishes to use our sewer system. It was designed to accomodate the Evergreen District. He said there is no reason they cannot use it providing they agree to annexation. He said he felt the ten year limit was very good and probably should be shorter. He said the major consideration should be from the citizens within Kalispell. Tom Flynn, 747 3rd Ave. West, said the question of annexation is only one of the many problems in this case. He said the residents of Evergreen as well as Kalispell, were probably shocked when they read about the catastrophic financial problems Lakeside is having. He said the same problems could arise with Evergreen and who would be stuck, the shareholders, the City of Kalispell. He said he felt the only decision is to insist on the waivers, signed by the majority of the property. Anything less than this, tightens the noose already constricting growth in Kalispell. Carleen Corr, 229 7th St. West, said she felt a considerable amount of time has been spent on Evergreen's problems and the City must stick to those terms and conditions and the waivers being insisted upon. She said it was very important to the citizens of Kalispell whether or not the reality of us ever taking Evergreen into the city is not the question. It's the question of resolving this problem and protecting we shareholders. Jack Fallon, Evergreen Water District, stated he was here to answer any questions and to listen to comments. Francis O'Boyle. 665 2nd Ave. East North, stated he felt there were many concerns. He asked this question several months ago and would ask again, "Do we have a working system and will it take care of Evergreen?" He felt that was the number one problem before we get taking on more sewage. Mayor Hopkins stated the council has utmost faith in the current engineer on our plant. We do have the capacity to take on the Evergreen sewage. Edgar W. Trippet, 1135 1st Ave. West, said where he lives, he gets the nice aroma from the city sewer plant which does not work. Why don't we wait and prove the present plant will work? He said his backyard has progressively acquired more of the aroma from sewage. He said if they are putting a pressure line in, they are pumping sewage under pressure with air. That air is going to be released into my backyard. No thank you. Dennis Rasmussen, Greenwood Village Campgrounds, said he understood the Evergreen area is in a 100 year flood plain. In that area north and south of the Evergreen area, he asked if there is any area that a plant can be put in a 100 year flood plain? Dennis Carver, engineer. stated most of the Evergreen area is not in the 100 year flood plain. He said for many years during the creation of the facility plan for the city of Kalispell and the Evergreen area, options were looked at by other engineering firms, not by himself, for alternative sites for treatment plants. It was narrowed down to two sites, Fairmont Egan area and the City of Kalispell. He said the Evergreen area is probably not suitable for that treatment facility. Rasmussen said sounds like we have no other choice. That there is no where in Evergreen that is suitable for a treatment plant. Rosemary Malson, Evergreen resident, stated she thought it would be nice if the people of Kalispell were made aware of the amount of money that it will cost them if Evergreen sewage is not treated through the City of Kalispell. I don't think that has been made known to them. Mayor Hopkins stated the rate increase would be about $12 per year to the minimum user. He said with Evergreen coming in that should be reduced. Howard Hammer, 717 2nd Ave. West, said in 1936 the first sewer plant was put into Kalispell and it had a capacity for 18.000 people, so the engineer said. In 1959-60, a considerable amount of money was spent, when the plant was finished, there were significant flaws in the system and the City of Kalispell paid for it. He said there have been alot of promises on this sewer system, but it still smells, He said something has to be done right and you can get promises galore, but will the engineering firm back it up? They haven't in the past, are they going to in the future? Why take on more load when we don't seem to be doing a job with what we have. Rasmussen, asked if you have a lot in the City of Kalispell what is the present hook up charge to hook a sewer line up to a newly built house? Councilman Nystul said it was $500 for sewer and is based on the size of the water meter. Rasmussen asked how that will work with the Evergreen area? Will each individual business have to pay $500? Mayor Hopkins stated at this time, we are not that far along yet to say how that will work. There has been discussions for proposals, but nothing has been formulated in any firm fashion. He said we needed to get past this hurdle first. Rasmussen asked if a trailer park would each have to pay the $500? Mayor Hopkins stated preliminary discussion has been that proposed rate would incorporate any hook up fees. He said that has not been finalized. He said what you pay for your service would be your hook up fee. He said again that has not been finalized or open for discussion or a public hearing. SEWER & WATER COMMITTEE REPORT Councilman Granmo reported the committee met last week with the purpose of clarifying the policy the council had set 11/20/89. which stated that annexation is not a negotiable item as regards treating the Evergreen Sewer District sewage. He said at the last council meeting it was not clear whether everyone in Evergreen had to sign the waiver or whether 51% would be enough to make it possible for the city to annex anyhow. He read the proposed motion drawn up by the City Attorney. Prior to reaching any agreement to treat the affluent from the Evergreen Sewer District. consent to annex, notice of withdrawal from a rural fire district. must be executed by 51% of owners of land, contract sellers. and buyers and lien holders and 51% of the area within the Rural Special Improvement District, to assure that the City would be able to annex the property encompassed by the RSID no sooner than ten years from the date of the agreement. City Attorney Neier explained he has determined that the requirement of 51% of the resident freeholder electors, which is 51% of the property owners, lienholders. mortagagees, mortagagors, and those having liens against the property, that 51% of the resident freeholder electors and 51% of the area that is encompassed in the RSID, under current Montana law. is the only way to assure that the area encompassed in the Evergreen Water & Sewer District RSID will ever be annexed to the City of Kalispell. That is to say if 51% of the people and 51% of the area in Evergreen do not sign the consents to annex prior to the carrying forward of the grant. then the City of Kalispell has no way of assuring that it can ever annex the area of the RSID. He said this is his interpretation of the statute. Bill Astle, attorney for the Evergreen Water District, said his statement to the committee consisted of some discussions with City Attorney Neier about the number of signatures that would be necessary of landowners once percentages were resolved. He said we both felt it would be necessary to not only have the landowners. which would consist of maybe a record owner, a contract seller, that person may be and was discussed lienholders and the possibility that if you didn't secure their consent to this type of an encumbrance on property, then the intervening period of time between 233 their signatures and the possibility of annexation taking place, that there could be foreclosures that could wipe out those waivers. In addition, he said he differs from Neier on the interpretation of the statute. He said that statute is a very simplified codification of a legislative intent, that evolved from a case in Polson in which Polson had a sewer line and refused to allow a hookup with annexation. It eventually had gone to our Supreme Court and the question was whether a municipality could do that when they were also a utility. The Supreme Court said no they couldn't require annexation and then the statute came into being to answer that judicial decision. He said he felt that statute is very limited and took that position with committee that the legislature clearly indicated that it would be a municipality with a sewer dealing with the individuals that were going to be their customers and users. And within' the confines of that statute, he felt that was only the exception to allow a governing body, a municipality that also wore that hat of a public utility of sorts, to require some tribute to them as a municipality. He said the only case to come up subsequent to the statute being in place was a Billings case. The Supreme Court said it was applicable because their billings with their water district was dealing with customers that would be coming to them and be their customers and waive protest for their land. He said he felt a good arguement could be made, but all this discussion about annexation could be set aside in the future by being not that proper players on'the pew of the right church. In other words having Kalispell wearing the hat of a treatment facility in sewage dealing with the Evergreen Sewage District, then it's customers are the users in Evergreen. Never will we have the users be the direct customers of the City of Kalispell. The only support he made to the committee on that issue was when the Supreme Court quoted the statute, they emplaced in brackets, "the word of the said water and sewer service", meaning in his opinion "of the City of Billings" in which they did connect up to their customers who would be coming in and paying their bills directly to the City. He said he felt his interpretation is a reasonable one because it's a very limited exception. Because most often public utilities are required to service who ever is in their district, such as Montana Power or PP & L. I£ you are in their service district you are service. You are not held up to any additional requirements. So in this particular instance, the statute is very narrow. He said he has been to the committee on may instances, representing developers who own the land and he had never argued this point so he is consistent that the developers that own the land and expect you to pay bills and hook up to sewer or water, they are the legitimate ones to be waiving the protest or consent to annexation. Richard Kuhl, North Main, said he agreed that if we are going to provide sewer service to Evergreen. they should give up their right, we should have the right to annex them at some time in the future. He said that should put an extra caution on the council about approving any sewer service to residents of Evergreen. Neier stated the Evergreen Water & Sewer District has adopted the position that the city has an obligation to serve the Evergreen area without the requirement of annexation. or perhaps under the law they cannot require that annexation. He said in considering that proposition, that the City must consider that any duty that is owed to anyone because the statute isn't applicable is owed only to the persons that are resident in Evergreen and not specifically to the Evergreen Sewer & Water District. If the City has not obligated itself in the past, to serve areas outside the City, without the consent to annex agreement being signed. Under the statute as we are considering it, the City has the discretionary right to demand annexation of parcels or portions to be served by the City Water & Sewer utility. The City does not have the corresponding right to demand annexations from areas not to be served or merely subject to potential service. The City cannot be obligated to serve areas not subject to annexation. Mayor Hopkins closed the public hearing. Councilman Granmo moved that prior to reaching any agreement to treat the affluent from the Evergreen Sewer District. consent to annex, notice of withdrawal from a rural fire district, must be executed by 51% of owners of land, contract sellers, and District. to assure that the City would be buyers and lienholders and 51% of the area within the Rural Special Improvement RSID no sooner than ten years from date of agreement. Councilman Furlong seconded the motion. Councilman Atkinson spoke against the motion. He said in the past he voted against repealing the former motion. He felt we are setting a presidence that he is not comfortable setting. He said an individual chooses to hook up to City Sewer, it has J .� 234 been policy to require annexation. Councilman Nystul spoke against the motion. He said the project will address sewer in a substantial area in Evergreen. The Evergreen District propose is creating a Special Improvement District, which will pay for the capital cost of the project, whereas that is the point now that the Lakeside Sewer District, getting the capital cost on the taxrolls so that you have all the parcels within the district share in the cost of the construction. The project will include a forced main, proposed to go down Conrad to Willow Glen and then to discharge near the Wastewater Treatment Plant. He said even with the entire, what is proposed from Evergreen, we are still some distance from operating our plant anywhere near capacity. He said in this situation we are not dealing with the typical developer coming in wanting our services, we are dealing with an existing community who has a significant need. He said if we were to differ from our existing policy, it would only be if we made it clear that we are doing so strictly because we are dealing with the Evergreen Sewer & Water District who has received an EPA Grant for funding, who is treating a large number of existing homes who are in an area of demonstrated failed or failing septic systems. If we were to go this approach, it should be clearly understood that any of the other areas surrounding the City, that they do no sit in the same position of need as the Evergreen community. He said he felt our basic policy is sound, requiring waivers of protest of annexation, but we have never dealt in the past with 1200 users wanting to hook on at one time on a system that is being partially funded by EPA and RSID. which is served by a County Water & Sewer District. Councilman Furlong spoke in favor of the motion. He said he was representing the people here tonite that felt the right to annex should be a requirement. Councilman Schindler said he felt there was alot of animosity between Evergreen and Kalispell. He said we should sit down as residents of Flathead Valley and work together for the good of the valley and lake. which is to get the sewer out of Evergreen and disposed of properly. Councilman Atkinson said the option of voting this motion down would result in much less of requirement for Evergreen. He said after hearing public comments, that his opinion had been swayed and will support the motion. Councilman Larson spoke against the motion. He said this will help defray the cost of the sewer plant and would keep the rate increase from going as high as anticipated. He said we will not have a tool to annex Evergreen in the future. The growth of Kalispell will continue as it has in the past, at a stalemate. He said he sees this project benefiting the environment and economy of Flathead County and the City of Kalispell. He felt the requirement of annexation will kill the project. Paul Knapp, 615 3rd St. East.. suggested that since engineers have guaranteed their work before, there should be a thumb on the bond for about 18 months and the people that should release it should be the stockholders, not this committee. Upon roll call vote, the motion failed with Atkinson, Furlong and Moses voting in favor. After discussion. Councilman Schindler moved the city take Evergreen's sewage without the waiver of protest of annexation. Councilman Nystul seconded the motion. Councilman Atkinson spoke against the motion. He said Kalispell will bear possibly all of the burden for the new sewage plant and possibly part of the burden. He said the fact is Kalispell needs a future and the waiver of right to protest annexation is a future for Kalispell. Evergreen needs a future also. He said he was very much in favor of working with them as far as treating the sewage, but not at the cost of eliminating a future for both Kalispell and Evergreen, economically as well as politically. Granmo said he has been involved in this for three months. He said he was torn between the need of the basin and the water treatment and the people of Evergreen to get a cleaner environment and the desire of the City of Kalispell to grow. He said he agreed with Larson that there are more reasons not to require than to require. He said the single reason to require the annexation if for growth for the City of Kalispell someday. He said he felt very uncomfortable voting at this time to completely disband the requirement of annexation. He said he spoke against the motion. - C 1 235 . Moses spoke against the motion. She said we have some ideas that we will have shared responsibility for upkeep of the plant for income that will help balance rates for the Kalispell rate payers. She said we have no guarantees. At the point where we accept the sewage from Evergreen the options are over. She said her concern is that we preserve at least this one option. We need to consider all of our options ahead of time and this is one option and only an option. She felt we need to preserve the options for the future of Kalispell. She said the input she has received has definitely that the feeling of waiver of protest must be there. Upon roll call vote, the motion failed with parson. Nystul and Schindler voting in favor. Frances O'Boyle suggested someone put a motion on the floor for the City of Kalispell to disincorporate. Councilman Schindler moved that the City of Kalispell accept the sewage from Evergreen based on a 51% or greater waiver of annexation from that area more commonly known as the strip, from the Underpass hill to K-Mart. The specific boundaries of the business district to be negotiated between the Sewer & Water Committee and the Evergreen Sewer Department with all legal papers being signed, upon that agreement. Councilman Nystul seconded the motion. Furlong asked if we require 51% of this specific district of that area to sign the waivers. what does that do to all of the other areas of the district. Does it mean they shall be sewered without annexation? Schindler stated yes. He said he felt the general trend was that we were mostly interested in the business strip, that's where the tax base is and that's where the majority of the people are not protesting are. He said he thought it would be reasonable compromise between all or nothing. Fallon stated the map that shows who will and will not sign has indicated that people on the strip, between Underpass hill and K--Mart will sign waivers. Nystul said the proposal is a compromise and is a positive one in that it gives a foot in the door from which annexation can grow in due course of time. Atkinson said if annexation is given away today, do not ask for it later. He said it is putting a little finger out there where it will need to be served by City Police. Water, Sewer, Fire and service. He said it was a misrepresentation of what the council has been interested in doing. And that is creating organized growth in the City of Kalispell. The council in past decisions has been firm, consistent, progressive and organized. He said this council tonight is saying no to that firmness, progressiveness, and organization. Mayor Hopkins stated that as maker of the motion in November. it was the intent that we not concern ourselves with whether or not we are going to get any less than 100% of the people that wanted our sewer service to sign the waivers. Then we were presented with the arruement that by creating an RSID you cannot deny sewer service to those people who have consented to the RSID. He said felt strongly that it is in the City's best interest to require annexation. One reason is to protect the tax base that has been built up for a period of 98 years from the original sewer and water system that was installed and we created what is Kalispell. He said by allowing Evergreen to use our sewer system we have potential for development because they don't have to pay the City tax base. He said we could see the city's tax base erode at the cost to the taxpayers. He said he did not feel we can tie the hands of future council people to make a prudent. good planning decision somewhere down the road. as whether or not annexation is in the best interest of the city. He said having heard all the discussion since November. it appears obvious this council is divided and each individual has his own strong heartfelt reasons, and he fears any possible rights to annexation at this point. He said he would rather see Schindler's motion pass than none at all. He is concerned about the boundaries. He stated we may be setting a precedent for future erosion of the little tax base that we've required the waivers from. He said he felt this option was better than nothing. Furlong asked if Schindler's motion was implying immediate annexation of the strip. Schindler said he was going by what was before, using the 10 year period. Furlong moved to amend the motion to provide for the right to immediate annexation of whatever specific district fulfills the 51% requirement. Councilman Granmo seconded the 236 amendment. Larson spoke in favor of the motion with the amendment. He said it was a reasonable compromise. He said he felt Evergreen should be able to obtain the waivers of protest from the business district so that we could annex immediately if we chose to do so. Upon roll call vote the amendment carried with Nystul voting against. Mayor Hopkins stated he did not know how much longer Kalispell and Evergreen Water & Sewer District can wait to resolve this question. He said he felt this motion does need some refining and that the Evergreen Water & Sewer District would allow us the opportunity to refine it in the general peramiters. After further discussion, upon roll call vote the motion carried with Atkinson, Furlong and Moses voting against. Mayor Hopkins stated we will continue to meet with the Evergreen Sewer & Water District based upon this discussion. Granmo stated there will be a meeting later this week. MAYOR'S REPORTS Griffin Field Option Mayor Hopkins stated when Tidyman's came in to announce their intention to build and Brent Kohls was here to announce their intention to develop the BN Railroad property, Brent extended the option that they have on Griffin Field, the automatic three month option, gave us a check for $5.000, so we should have a development plan from them by mid -June, if not they will loose their option and we can sell Griffin Field to whoever we want. Meridian Road Mayor Hopkins announced the Meridian Road project is scheduled to start Monday March 26. 1990. Approval of the water line should take place by the Department of Health and Educational Sciences on Wednesday. March 21, 1990 and then the project will be ready to begin. Replace Council Position, Ward II Hopkins said since Councilman Schindler announced his resignation at the last meeting. there will be a council position vacant as of March 31. 1990. He called for applicants for that position, and interested persons to send letters -of interest to him by March 30, 1990. ANNOUNCEMENTS & APPOINTMENTS Community Development Director Selection Committee Hopkins asked approval of the appointment of a committee to review the applications and selection process for the Community Development Director for recommendation to the City Council. He offered the following persons for consideration and approval, Councilman Furlong, Wayne Saverud, Charles Mercord, Henry Good. Steve Olson, Paul Wachholz and Jack King. Councilman Atkinson so moved the appointments. Larson seconded and the motion carried. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS Resolution #3925--Replace #3922 Councilman Furlong moved Resolution #3925, a Resolution repealing Resolution No. 3922 and adopting an application process and procedure for review for tax increment assistance authorized by Ordinance #933 on major redevelopment projects in the City of Kalispell. Councilman Larson seconded and the motion carried. PUBLIC WORKS/AIR QUALITY/AIRPORT Recommendation on Awarding Bids: Hot Mix. Truck Rental, Excavation. Automated Refuse Collector Hot Mix Moses moved the Hot Mix bid be awarded to Pack & Co. Councilman Atkinson seconded and the motion carried. Truck Rental Moses moved the truck rental bid be awarded to Steven Knowles Trucking at $36.25 per hour. Councilman Atkinson seconded and the motion carried. General Excavation Moses moved the General Excavation bid be awarded to Curtis & Curtis Construction at $16,500.00. Schindler seconded and the motion carried. Automated Refuse Collector Moses moved the bid be awarded to Koyes Brothers at $105,658.00. She said this was not the low bid but the bid that met the specs. Street Superintendent Brady explained in detail several features on the low bid that did not meet the needs. Schindler seconded and the motion carried. Sixth St. West Councilwoman Moses reported the committee recommends that no bid be awarded. She said the dollar amount was above the original estimate and there is concern about the parking lot situation around the high school and whether or not the 6th St. W. Project should be done in conjunction with the parking lot project. She added that there is concern about the competition for the tax increment dollars that would be needed to be requested in addition to what was already budgeted for this year. Moses moved the bid not be awarded. Schindler seconded the motion. After discussion, the motion carried. FINANCE/PERSONNEL & POLICY/INSURANCE Computer Acquisition Councilman Nystul reported the committee is working with the City Accountant on an acquisition of a computer system. He said without a replacement, the present system memory may fill up and lock up and there would be no budget done in August. The committee recommendation is to come up with a detailed proposal to be presented at the next meeting. Sewer Rate Increase Nystul reported Accountant Robertson has met with Craig .zones, from D.A. Davidson on our sewer bond issue. They are recommending approximately 20% increase in the sewer rate, which is estimated at $12.00 per year. Nystul moved to authorize the City Attorney to draft the necessary ordinances, resolutions and notices of hearing to present at the next council meeting, to proceed with a 20% increase in the sewer rate to pay for the revenue bond for funding of our portion of the wastewater treatment plant. Granmo seconded and the motion carried. City Manager Job Description Nystul stated the Advisory Committee has come up with a proposed job description for the City Manager. He said the committee recommends this is to be the start of the job description. He said when the manager is hired, some of this may be rewritten. Nystul moved the council adopt the proposed job description for the City Manager as presented. Atkinson seconded the motion. City Manager - Proposed Job Description The City Manager shall be hired on the basis of merit and shall serve at the pleasure of the City Council. The Manager's primary duty is to insure that the lawful policies adopted by the City Council are carried out as efficiently, fairly and effectively as possible. The Manager shall oversee the preparation of the City's annual general fund and enterprise budgets for submission to review and approval by the City Council. The Manager shall provide whatever information may be requested by the City Council and may make whatever recommendations on any matters which require action by the City Council. The City Manager shall keep the public fully informed about all City activities, programs and problems. The Manager shall also establish and maintain effective communication with the news media, community service, labor and trade organizations. The Manager shall also develop rapport with representatives of other governmental agencies and institutions located in the City and County. The Manager shall be available regularly and frequently to receive citizen complaints and to hear ideas and proposals for the improvement of the City and community. The Manager is also responsible for representing the City in the administration of any inter -local service agreements or inter -governmental administrative agencies. The City Manager shall also: 1. Enforce laws, ordinances and resolutions. 2. Perform the duties required of him by law, ordinance or resolution. 3. Administer the affairs of local government. 4. Direct, supervise, administer all departments, agencies, and offices of the local `) 9 -:23V government unit except as otherwise provided by law or ordinance. 5. Carry out policies established by the City Council. 6. Prepare the City Council agenda. 7. Recommend measures to the City Council. 8. Report to the City Council on the affairs and financial condition of the local government. 9. Execute bonds, notes, contracts, and written obligations of the City Council, subject to the approval of the City Council. 10. Report to the City Council as the City Council may require. 11. Attend City Council meetings and may take part in the discussion, but shall have no vote. 12. Prepare and present the budget to the City Council for its approval and execute the budget adopted by the City Council. 13. Appoint, suspend, and remove all employees of the local government except as other provided by law or ordinance. There was discussion and agreed upon that this is a rough draft and will be amended and modified as needed. Upon vote. the motion carried. Community Development Director Job Advertisement Nystul moved the Mayor be authorized to post and advertise this job description to fill the vacancy. Atkinson seconded and the motion carried. City Clerk and Public Works Coordinator Positions Nystul moved the Mayor be authorized to post and solicit applications in house for the temporary City Clerk and the temporary Public Works Coordinator positions and make recommendations. Atkinson seconded and the motion carried. PARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION -No Report PUBLIC SAFETY/PARKING/GAMBLING-No Report ANNOUNCEMENTS Committee Meetings: Parks/Public Lands- 3/22/90 4:00 p.m. Councilman Schindler Resignation Mayor Hopkins thanked Councilman Schindler for his community service and involvement and presented him with a Certificate of appreciation. ADJOURN The meeting was adjourned at 11:47 p.m. Ro Vr W Z ins, Mayor ATTEST: Amy Rot4rtson, Acting Clerk -Treasurer Debbie Liverman, Recording Secretary Approved as presented April 16, 1990 Pi 1