12/21/98 City Council Minutes1371
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 21, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY
ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the agenda as presented. The motion was
seconded by Scarff.
There was discussion.
Atkinson moved to amend the Agenda by moving #16 (City Manager
Selection) to #3. The motion was seconded by Larson.
There was discussion.
Donahue said he doesn't have any objection with moving the Agenda
Item, but by doing so, it would create an embarrassing situation for
Nystul.
Nystul said it appears the Council has not completed the process and
is not ready to take action on the issue. He said as a question of
procedure he wonders whether it should be on the Agenda at all.
Neier stated if the Council is planning on further discussion, then
it shouldn't be on the agenda. He said he understood the Council
wanted to vote on an offer.
Boharski commented the Council needs to make a decision.
The amendment failed upon roll -call vote with Atkinson, Larson and
Van Natta voting in favor, and Donahue, Graves, Haarr, Scarff and
Boharski voting against. Nystul "abstained.
Van Natta said he would like to add the COPS Grant to the Consent
Agenda if Neier needs authority to move ahead with it.
Neer said the grant allows for the immediate hiring of two officers
with the City paying twenty five percent of their salaries. He said
the positions were approved during the budget process and Police
Chief Frank Garner would like to get started with the hiring
immediately. Neier said he would like a general consensus from the
Council approving the two officers now, and an additional officer
from another grant in the near future.
Approval was given.
The main motion carried unanimously - upon vote.
CONSENT
AGENDA
APPROVAL
Minutes -Regular
Meeting
December 7,__1998
A.
Council
B'-`'Approval
of Claims per
Payables
Register-$375,998.10
Vas'Natto moved approval of the -Consent Agenda as presented:: The
mot�:on,was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE P BT.Tr _
Art Thompson, Lakeside, Airport Advisory Board Member, reported that
a request is before the City -County Planning Board to rezone a
portion,of the Daley Field property on the east side of the City
Airpo-`t from P-1 to B-2. He said -the change, if passed, threatens
to. block any possibility of the- Airport meeting FAA standards by
allowing buildings to be constructed to the edge of the runway.
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Neier said height restrictions located adjacent to the Airport was
discussed thoroughly prior to the City entering into a contract with
RSI, Rosauers Supermarkets, Inc. He said the contract states "that
based upon the current information available to the parties, the
elevation of the building at twenty feet west of the setback to be
constructed pursuant to this agreement shall not exceed 5,957.82
feet above sea level and the elevation at a point not less than 21
feet east of the westerly setback line, shall not exceed 2,960.82
feet above sea level." Neier said the reason the contract was
worded as such was to assure that any construction conforms to FAA
requirements. He said the request for the zone change is part of
the contractual obligation because at the time the property was
purchased by Rosauers, everyone understood it to be zoned B-2.
Neier stated when it was discovered eighty feet is listed as P-1,
steps were taken to rectify the problem.
Dan Johns, 260 North Riding Road, asked the Council to pass
Resolution 4430, a request to purchase irrigation equipment for the
soccer fields at the Youth Athletic Complex.
Fred Hammel, 505 7th Avenue west, in referring to the City Manager
Selection, said he would like to see a Manager that can live within
a budget.
Andrew Farris, 168 Holt Stage, said he wants to develop a low income
housing project on East Reserve Drive and asked the Council to
approve his request to connect the subdivision to the Evergreen
Sewer and water District's sewage collection system for treatment by
the City of Kalispell.
Stan Pine, 201 Lakeshore Drive, asked the Council to approve
Ordinance 1298, an ordinance changing the zone from RA-1 to RA-3 on
property near the intersection of U.S. Highway 93 North and Indian
Trail.
Tom-karks, 401 Sylvan Drive, said he's concerned about the request
fig ffi- Cr-a-Lon Corporation for an -apartment complex He asked --the
CauncTto keep the area zoned ag single family.
Deioes Swanberg, Outgoing President of the Northwest MofitaAa
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y� 'st'c�rcal Soviet told the Council the Central School renoVation
is-`'c®mplete and invited all members to see how beautiful it i's.'
Ann`'ingram, 607 Sylvan Court, pro -tested Cra-Longs proposal stating
the'pr'bposed apartment complex will -increase traffic and water
problems. She asked the Council to keep the area as single family.
Robert':Tate, 200 Zimmerman Roadj-"suggested a thorough study be
ofcEdie area Cra-Lon plans on fill' rg to see if it should be declared
a wetland.
Dave Lawrence, 184 Lawrence Lane, said he's also -concerned about=the
fill-'i1stating the water, with no other place to go, would more than
likely flood his property.
Floyd riauli, 40.4 Sylvan Drive, also stated he would like tq -see the
zoning in the Cra-Lon proposal--remain-single family .
ORDINANCE 1296 - ZONING TEXT AMENDMENT - 2ND READING
Bob Cook has requested Section 27.22.020 (3)(a) of the Kalispell
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Zoning Ordinance be changed to allowthelocation_of_residential
garages .in the front yard when ---the -lot,-does not abut; an. -alley`., - The
Kalispell City -County Planning Board and Zoning Commission
considered the request on November 10t' and has recommended adoption
of the amendment. After discussion at the December_7th meeting, the
Council adopted the 1st reading,- -of Ordinance 1296. -
kiiii -moved the second reading` of- `-Ordinance 1296, an ordinance
amending Sections 27.22.030(3)-la) of -the Kalispell -Zoning ordinance,
(Ordinance`No. 1175), by allow -.ng residential garages to be located
in;front yards on lots that do'7ndt abut an alley, an - c declaring -_an
effective date. The motion was -seconded by Graves'.
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There- was
discussion.
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Atkinson stated he still opposes the ordinance which he feels
"continues the antiquated look at how to develop a community."
Donahue expressed concern that the way the ordinance is written a
garage can be built right up to the sidewalk.
Neier stated the building would still have to meet setback
regulations.
Donahue said for clarification, he would move to amend the ordinance
by adding in Section I, following "shall be located in any front
yard," the words, "provided however, that a garage may not encroach
into the setback areas applicable to the residence." The motion was
seconded by Nystul.
There was discussion.
Haarr said he feels the amendment is redundant because it's already
covered in other ordinances and may actually add confusion.
Larson asked if the amendment would require a third reading of the
Ordinance.
Neier answered the amendment would not be a substantive change and
therefore wouldn't need an additional reading.
The amendment carried upon vote with Haarr and Boharski voting
against.
The main motion as amended carried upon roll call vote with Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting
in favor and Atkinson voting against.
RE_S_OL_UTION 4440 - CRA-L.ON ADDITION - ANNEXATION
Neier explained that Cra-Lon Corporation has requested annexation
of a tract of land located near the corner of Sylvan Drive and
College Avenue. He said all City services, sewer, water, etc. are
available within the right-of-way abutting the property and the
proposed annexation lies within and conforms to the Kalispell City -
County Master Plan.
Donahue moved Resolution 4440, a resolution annexing certain real
p 61)erty' 7to the City of Kalispell, said territory -being
aftik6kiMately 0.543 acres of the Northwest Quarter of Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
t6be described as Cra-Lon Addition No. 287. The motion was seconded
by Scarff.
There -was discussion and Steve Kountz of FRDO answered questions.
N�rst 1 clarified that Lots 1 & 2 of the proposed subdivision are
already in the City limits and are zoned RA-1. He said the
annexation request before the Council involves the proposed Lots 3
& A and asked Kountz if the City is allowed to annex -a wetland, -if
the area is declared such.'
Kountz answered it wouldn't have any -effect on the annexation:
Atkinson said he's concerned with the fill proposed for -Lot 4-and
asked if --there is something the Council could do to require thath
Lot$`3 & 4 be combined. _
Larson stated condition number 4 from FRDO states "A qualified
en:g-ineer, hydrologist or agency shall ---delineate any part_ of the site
which qualifies as a wetland.. and designated -as a -_drainage
easement ..and if lot 4 does not contain a 40' x 40 building- site
outside _of such drainage easement andquired zonin re g setback, then
lots I"'afid 4 shall be combined -into one lot."
Kounti said there's still a certain amount of uncertainty because
not all wetlands are "jurisdictional"- wetlands. He said there is
still a lot of research to be -completed and the Council will -have
aa'lbt more information prior to being asked to approve the Final
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The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in
f avor. .
RESOLUTION 4441 - CRA-LON PRELIMINARY PLAT
Resolution 4441 would allow Cra-Lon to proceed toward final
subdivision of the property, subject to nine conditions.
Scarff moved Resolution 4441, a resolution approving the Preliminary
Plat of Cra-Lon Addition, Flathead County, Montana. The motion was
seconded by Graves.
There was discussion.
Donahue said condition 2A requires sidewalks which he feels would
be an imposition since there are no other sidewalks in the area.
Jean Johnson, Stokes & Associates, representing Cra-Lon Corporation,
stated the developers would be willing to waive the right of protest
to future improvements.
Boharski commented he doesn't feel waiving right of protest will
make any difference under CI-75 and sometime in the future this road
will probably be improved. He asked if there is any way to collect
payment in lieu for the project cost later.
Public works Director Jim Hansz stated there's actually nothing in
place at the moment for fees in lieu, but it would be a good idea
to develop a way to collect money up front which would then be put
into the General Fund for these kind of improvements.
Donahue moved to amend condition number 2A by changing the wording
to read, "City will waive requirement of street improvements
including curb, gutter, and detached sidewalk in lieu of waiver of
right to protest installation of curb, gutter, and detached
s diwalk." The motion was seconded by Nystul.
There was discussion.
Atkinson -spoke against the amendment stating he's never bested
wa vers'`of right to protest since the "Evergreen debacle." He said
to get sidewalks and gutters, you have to start somewhere and
encbiiraged the Council to start getting those curbs, gutters and
sidewalks where and when you can.
Boharski said he understands that without rebuilding that road,
there i-s no way to put in the curbs and gutters right now.
The„amendment carried upon vote with Atkinson voting against.
There was further discussion.
S-carf-f 'asked Johnson if it's the developers intention to build' a
multi=family dwelling on Lot 4 and how' -much fill would be required;
Johnson answered the developers have _agreed - to the _single family
designation. He said even if a 40° x 40'°- squar�-s-tructure"was
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built', it would only require a-10-foot fill -of an existing slope.
Haarr commented any infringement on that &Y&inage means the water
will have to go somewhere. He -said it still amazes him that people
continue to build in areas that are subject to flooding.
The main motion as amended carried-' on. -roll --call vote with Doz$ahue�
parr,_ Larson, Nystul, Scarff; Van- Natta and Boharski' votilig ift
fa' Vor --'-and Atkinson and Graves voting main-st-.
QAptNA1gc,F 1297 - ORA -TON zONIN - R- i 1 sT g .ADIN
Cra-Lon corporation asked for a zoning designation of -Low Density
Residen"tial Apartment, RA-1. the kalispell'City County -Planning
Board _and zoning Commission has recommended Single Family
Residential, R-3.
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Van Natta moved Ordinance 1297, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning certain real property described as
a tract of land in the Northwest Quarter Northeast Quarter and in
the Northeast Quarter Northwest Quarter of Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County (previously zoned City
R-2, One Family Limited Residential) to R-3 (Single Family
Residential), in accordance with the City -County Master Plan, and
to provide an effective date. The motion was seconded by Larson.
There was discussion.
Larson pointed out the heading should read "previously zoned County
R-2," not City R-2.
Neier noted the change.
Scarff reiterated that by passing this ordinance, Lots 3 and 4, if
Lot 4 is buildable, would remain single family.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting
in favor.
ORDINANCE 1298 STANT FY PINE ZONE CHANGE RA-1 TO RA-1 1 T R ADIN[:
Stanley Pine made an application to re -zone property located near
the intersection of U.S. #93 North and Indian Trail from Low Density
Residential Apartment, RA-1, to Residential Apartment Office, RA-3.
The site is generally adjacent to single family residences on the
North, East and West, and borders the Buffalo Commons "common area"
to the South. The Kalispell City -County Planning Board and Zoning
Commission has unanimously recommended the zone change.
Scarff moved Ordinance 1298, an ordinance to amend Section
21 02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning certain real property descril�ed-in
Exhibit "A" (previously zoned City RA-1, Low Density Residential
Apartment) to RA-3 (Residential Apartment/Office), in accordance
with the City -County Master Plan, and to provide an effective -date.
The motion was seconded by Atkinson.
There was discussion.
Nystul said the neighbors were concerned about the increase in
traffic with the RA-3 zoning, versus the RA-1 zoning. He asked
Kountz if an RA-3 generally cause more intrusion than an RA-1, or
does it vary equally with the permitted uses.
Kountz said the RA-3 designation would normally increase the amount
of vehicles on a road, however with a medical office, it can vary
significantly. - _ -
Atk3nson commented a good community has multiple uses and this is
an__opportunity to give people a chance to work within walking
distance -from where they live.
The motion carried upon roll call vote with Atkinson, Donahue,
Haarr. Larson, Scarff, Van Natta and Boharski.voting in favor, and
Grav_ee a _
nd Nystul voting against.
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RfkS6LtiTTON 4439 - BUDGET TRANSFER - YOUTH ATHLi�I'IC COMPLEX
Boharski said the resolution would^ provide- -authority to spend
approximately fifteen thousand dollars to purchase irrigation
equipment for the Soccer fields at the- _Youth Athletic Complex. '-
Van Natta moved Resolution 4439 a resolution to approve_'a-transfer
among appropriations within a general -classification of expenclitures
as adopted by the City of Kalispell --Budget for 19991-_Fis-&,i1- `'ear.
The motion was seconded by Larson.
There was discussion.
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Nystul said he's concerned that if the Council authorizes the
fourteen thousand dollar expenditure for irrigation equipment, it
won't have the twenty thousand dollars needed to pave Four Mile
Drive, which is a requirement under the State Lands Lease.
Parks Director Mike Baker said the paving will have to be looked at
during the next Budget session. He said the City has about nine
months to determine where the money will come from to complete Four
Mile Drive and he hopes by sitting down with Kidsports, a solution
can be found.
Haarr said he's also concerned about the expenditure and wonders
where the paving funds will come from. He said he agrees with
Nystul that it would be a lot easier to raise money for irrigation
equipment than for asphalt. Haarr added the further extension of
Four Mile Drive is an absolute necessity and Baker will probably be
asked during the next Budget session if he has the extra money to
finish the road.
Baker said it's been the Parks Department's contention that the road
should have been paved with Gas Tax Funding to begin with and not
from the construction budget for the ball fields.
Haarr commented the County should be asked to contribute because he
thinks its "ludicrous" the County doesn't share in some of the costs,
especially the road.
Donahue stated this project keeps growing and sooner or later it has
to stop.
Boharski agreed. He said just because the construction costs were
lower than anticipated, it doesn't mean the extra money should be
spent, especially since the City has other contractual commitments.
The motion carried upon roll call vote with Atkinson, Larson,
Nystul, Scarff and Van Natta voting in favor, and Donahue, Graves,
Haarr and Boharski voting against.
ORSAND ADDITION - FINAL PLAT
Ift--February, 1996 the City Council conditionally approved the
Preliminary Plat of Lot 1, Opsand Addition. Opsand Addition is
located near the intersection of Garland and Three Mile Drive.
Newer explained all conditions required in the Preliminary Plat have
been met.
Larson moved approval of the Final Plat for the Amended Plat"Of.Lot
1'# Opsand Addition #107. The motion was seconded by Van=Na h =
There was no discussion.
The motion -carried unanimously upon vote,
EVERGREEN HOOK-UP REQUEST - ANDREW FARRIS
Andrew Farris has requested permission to connect a 47 singl'e family
lot subdivision to the Evergreen Sewer and Grater District's sewage
cbllect-i-on system for treatment by the City of Kalispell. The
property proposed to be connected to the sewer is north of East.
Reserve Drive. Newer stated under the city's Interlocal Agreement
with Evergreen, no connections outside the District's boundaries may
be_ made without City consent._ He said the property is located
several miles from the City limits and outside the service -area
boundaries of the City's facility plan;
Atkinson moved the City Council deny the Farris request for sewer
s d by
ervice via the Evergreen System. The motion was seconds, ,
Gf°ave-s
There was discussion.
Boha rski' said he feels Farris has a- wonderful' project, but at the
1`ast'-''vrork session, Hansz pointed out the City is looking at
pp �ly 240,000 gallons of 'usage at the Wastewater --treatment
a roximat
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Plant before expansion has to be done. He said with the amount of
activity that's anticipated to occur near the City in the future,
the Treatment Plant will most likely be reaching its capacity sooner
than expected. Because of that, Boharski said he can't support the
Farris addition at this time.
Nystul said recently a similar request was considered and he
remembers the Council asking the Staff to prepare a policy statement
concerning requests such as this. He said members determined at the
workshop that the City needs more density closer in, which makes
sense, but there still needs to be a written policy to provide
consistency.
Haarr agreed the City needs a policy, but stated the Council needs
to think of the entire valley, not just the people of Kalispell.
Haarr said he missed the work session, but if the Evergreen Sewer
District has agreed to the hook-up, why should the Council disagree.
Hansz explained because the project is outside the boundary of the
Evergreen District, it would not go against the Evergreen
allocation, it would go against whatever capacity remains of the
City's remaining portion.
Haarr said he still feels it's ridiculous that the City allows
subdivisions, that can get sewer service, to continue to have septic
systems. He said the answer may be the creation of a larger sewer
district that involves the entire County.
Larson agreed, stating that for the future of our community and the
availability of affordable housing, members should vote in favor of
the hook-up.
Scarff said he understood that a portion of the project was located
within the Evergreen District.
Hansz answered a very small portion of the parcel is within the
boundary, but the Evergreen District still looks at the project as
a Vhole as outside. -
Atkinson said he's in favor of more affordable Housing, but feels it
would create an additional burden on City taxpayers to have a
precedent set by allowing the hook-up.
Donahue said the Council's primary duty is to the residents and
taxpayers of Kalispell. He said he wishes Farris well, but'`=the
project is so far from the City there is no possibility it will''ever
be' `annexed. Donahue added the reason the City hasn't grown faster
than it has is because it's given too much sewer and water service
outside Kalispell.
The motion carried upon roll call Vote with Atkinson, Donahue,
Graves, Nystul, van Natta and Boharski voting in favor, and Haarr,
Larson and Scarff voting against. _
AUTHORITY TO BID - CENTRAL SCHOOL LANDSCAPING, DRAINAGE AND PARKING
At the last Council workshop=;- Susan -Moyer, PECDD, informed the
Council that she had received plans and specifications -from
SiteScape and Associates for the construction of a parking 10 with
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amenities -on the North Parking- Lot-of'Central-School. The estimated
cost]=_ -was $53,000.00.
Larson moved the Council grant tho"authority to bid the North
Parking Lot of Central School.- The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
AWARD BID - AMBULANC E
Theity Ambulance Department recently received bids for a new
m6d6f&-4mbulance. Braun Northwest, Inc. was the lowest bidder with
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a bid of $63,908.00. The Fire Chief has recommended awarding the
bid to Braun.
Larson moved the Council accept the bid -from Braun Northwest, Inc.
in the amount of $63,908.00 to purchase a new ambulance. The motion
was seconded by Graves.
There was discussion.
Donahue asked how many ambulances the Department will have now.
Fire Chief Ted Waggener said even with the purchase of the new
ambulance there will still only be four in service. He said the
Department hopes to take the oldest one and make a rescue rig out
of it.
The motion carried unanimously upon vote.
AWARD BID - LOADER BACKHOE
Several weeks ago the City received bids for a backhoe for the
Sanitary Sewer Division. Long Machinery was the low bidder with a
CAT 416 at $51,806.00.
Graves moved to enter into a contract with Long Machinery for the
backhoe in the amount of $51,806.00, plus the optional equipment in
the amount of $3,208.30 for a total of $55,014.30. The motion was
seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
APPOINTMENT - CONRAD MANSION BOARD
Boharski recommended Gayle Vidal be reappointed to the Mansion
Board.
Donahue moved the Mayor's recommendation be accepted and Gayle Vidal
by reappointed to the Conrad Mansion Board. The motion was seconded
by Haarr.
There was discussion.
Donahue commented Vidal has been a member of the Board for many
years and has been very valuable.
The motion carried unanimously upon vote.
APPOINTMENT - CITY -COUNTY PLANNING BOARD
Boharski explained four applications were received for two positions
on the Board. He said for the first position he's recommending the
reappointment of Jean Johnson.
Nystul moved the reappointment of Jean Johnson to the City -County
Planning Board. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
Boharski recommended the second position be given to Don Mann.
Haarr moved approval of the Mayor's recommendation to appoint Don
Mann to the City -County Planning Board. The motion was seconded by
Nystul.
There was no discussion.
The motion carried unanimously upon vote.
COUNCIL COMMENTS/INFORMATION/QUESTIONS.
Nystul commended the Police Department on it's Public Service
Announcements to help inform drivers of the laws. He said in
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addition, he heard comments at an accident recently how quickly the
Fire Department and Police Department responded.
Scarff said that students involved in the Youth Leadership Program
recently visited City Hall and met with Council members and he was
extremely impressed with their questions and knowledge of politics.
Atkinson, referring to a recent letter from Valley Bank's attorney,
said he was unaware that valley Bank did not want to sell its
parking lot back to the City and asked Neier what happens now.
Neier said several points made in the letter are accurate and
barring any unforeseen circumstances, the property will remain in
the possession of Valley Bank.
Donahue said he understands the main concern from Bank officials is
that the lot will remain for parking. He suggested Neier propose
a clause in a deed that would keep that property for parking for ten
years or so.
Council agreed.
Graves commented the County has purchased most of the block south
of the Justice Center for future development and he feels the City
should emulate the County by buying property close to City Hall for
future expansion and parking.
Donahue suggested the City Manager get specifics from the FAA on
whether the City's ordinance concerning the airport is compatible
with their regulations and standards for developing the airport.
Van Natta agreed, saying the City should know exactly where it
stands.
Haarr wished the Staff and Management of the City of Kalispell a
Merry Christmas and Happy New Year and said he feels the City's had
a great year. He said as we go into 1999 he hopes the Council can
continue to improve it's relations.
Nystul excused himself from the remainder of the meeting.
CITY MANAGER ELE _TTON
Boharski said the Council basically has to decide whether to offer
the position to Nystul, go back through the applications or bring
Al Thelen back to Kalispell in the interim while the City starts the
search over.
Donahue moved to offer the position to Nystul and instruct the City
Manager to conduct negotiations within the boundaries of the offer
made to Jeff Towery. The motion was seconded by Scarff.
There was discussion.
Van Natta said he still doesn't think Nystul has the managerial or
supervisory experience needed for the job. He said Nystul voted to
fire Krepps and he doesn't think considering him is ethical. Van
Natta said as far as the contract to Towery, he found it
embarrassing. He said the newspaper reported the Mayor changed the
original offer the Council agreed on from $62,500.00 to $60,000.00.
Boharski stated he doesn't remember the Council giving Neier an
exact amount to offer Towery. He said Neier called him about the
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offer and he gave Neier his opinion. Boharski said he had no
intentions of acting outside the wishes of the Council.
Larson said Boharski may not have had any "ill intentions" when he
talked to Neier but he still acted out of the scope of his office.
Neier said he called Boharski because he wasn't given many
parameters and he didn't want to make an offer the Council couldn't
agree with. He said from talking with Towery, he doesn't think the
salary was the basis of the refusal.
Atkinson called the "whole thing an incredible travesty." He said
now the City has someone left who isn't qualified and this is the
"final blow.to destroy the City Manager form of government."
Haarr said of the four candidates interviewed, Nystul is left and
should be given a chance. He said he would defy anyone to say that
Nystul lacks any of the credentials advertised for, even if he
doesn't have the degree. Haarr said he can recount anything that's
happened in the City over the past fifteen years and it's apparent
he can do a wonderful job as a Manager.
Larson said he has no animosity towards Nystul, but he doesn't think
he's a Manager. He said the City didn't advertise for a Historian,
it advertised for a Manager and Nystul isn't a Manager. Larson said
to be fair about it, Al Thelen should be hired until the City can
find an applicant that everyone can accept.
Donahue commented he's known Nystul for a long, long time and he's
very confident he'll do an excellent job for the City.
Graves said he doesn't understand the argument that Nystul doesn't
have the ability to manage. He said it doesn't take a Rocket
Scientist to manage eight people who are some of the finest
Department Heads in the whole country.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Scarff and Boharski voting in favor, and Atkinson, Larson and van
Natta voting against.
Atkinson suggested the offer be finalized and agreed upon tonight.
Boharski said Neier has suggested a one year contract, an evaluation
after six months, no severance pay for the first six months,
membership in organizations and attendance at conventions subject
to Council approval during the budgeting process, City health
insurance, 12 days sick leave, standard retirement and a salary that
needs to fall within the $55,000.00 to $70,000.00 pay range.
Graves suggested the salary start at $55,000.00 with an evaluation
after six months. He said if Nystul's done a good job then he
should receive a pay raise of five percent at that time.
Council agreed.
Donahue commented if negotiations with Nystul are successful, then
he would like to see every member of the Council vote in favor of
the contract.
ADJOURN
The meeting was adjourned at 11:05 p.m. •
�r,.E.�o�arski
Wm. E. Boharski, Mayor
ATTEST:
heresa White
Clerk of Council
approved January 4, 1999