08/03/83 City Council MinutesTHE REGULAR METI[+1G AND BUDGET HEARING WAS HELD AT 7:30,P. M. WNDNESDAY, AUGUST
3, 1983. MAYOR MCDOWELL PRESIDED. COUNCILMEN PALMER)O 'BOYLE AND VIDAL WERE
ABSENT.- ALL OTHER -COUNCILMEN PRESENT.
PUBLIC HEARING - AMEND.ZONING ORDINANCE
The Zoning Commission has recommended that the Kalispell Zoning Ordinance be amended
to add "retail sale of motor vehicle" as an allowable use in the CLM District as this
use is similar and compatible to other uses which are listed as permitted in this
district; .They have also recommended that the ordinance be'amended to include the
following provision: "In the interpretation of the permitted uses, where a use is
not specifically listed as permitted or a conditionally permitted use, its status
under this section shall, upon application, be dete='i-ted by the Zoning -Commission
by reference to that listed use, if any, which is so -like the use in question, purpose,
function, character and effect as to be substantially similar to said listed uses."
Mayor McDowell asked if there were any opponents. No one responded.
ORDINANCE #1034 .
Councilman Grainger moved first reading of Ordinance #1034 an ordinance to amend
Section 7.31(m), Appendix B, Kalispell City Code; to provide for an interpretation of
permitteduses where the use is not specifically listed; and to provide an effective
date. Seconded by Councilman Saverud.
Councilman Nystul asked if we are amending the ordinance to allow the Zoning Commission
to make future changes. City Attorney Neier explained that under Zoning Ordinance
#885 this was allowed.- Then Ordinance #961 omitted this section, but he believes it
was satisfactory and would recommend we put it back. It takes 60 to 90 days to amend
the ordinance without it and we would save time by allowing the Zoning Commission to
add the change.
Councilman Zauner reported that the area involved at the corner of'Main & Idaho has
improved in appearance 100%.
Roll call vote. All voted aye.
Mr. Askelson thanked the Council for their action.
ADDRESSING= -THE COUNCIL
Mrs. Robert (Jessie) Black, 341 Harrison Blvd.'addressed the Council concerning the
condition of the park in their area. She presented a petition signed by 95 area
residents which reads as follows:
The Mayor and City Council
of Kalispell,, Montana
Subject: Petition of the residents
of Parkview Terrace.
July 22., 1983
We the undersigned hereby petition you to designate and administer the
maintenance of the Parkview Terrace Addition Number One Playground. A regularly
scheduled -program of watering, mowing, and trimming is essential for the safety
and wellbeing of all our children.
Mrs. Black presented pictures of the playground to the Council. She stated that she
sprinkles the playground 2 or 3 times a week, but it needs more than this. They
have to repair,playgxound equipment the best they can, but really feel that the
welfare of the children is in jeopardy because of the rundown condtlioil of the play.4,
ground. She also asked that speed signs or speed bumps be placed in the other park
in the area for the safety -of the children.
Mrs. Black -stated that she has been in touch with Councilman Vidal, Park Supt. Drent,
and City Attorney Neie1r.
Mayor McDowell told Mrs. Black that this is the first he has heard of the situation
and assured her that..there,,.w ll,be a meeting to,Aiscuss.the problem and Mrs. Black
will .be -invited.
100.
BUDGET HEARn+]'G -
Mayor McDowell announced that this is the preliminary hearing for the budget for
1983-84 and requested Finance Chairman Nystul to chair the hearing.
Councilman Nystul asked if there was anyone besides Mr. Colin Wills who wished to
,speak on the budget.
Norbert F. Donahue, 144 Crestline.,-;stated that he had not:' -looked at the budget in
general but was,here to speak on behalf of the City Attorney and any raise in
salary that was contemplated for him. .His association with Glen has been excellent,
and finals him very knowledgable. He.has compared -`his -,salary with other cities in -
the State of Montana; and considering the size of his staff, he is the lowest paid
city attorney of them all. Comparing his salary with that of the County -Attorney
who has very similar responsibilities,' a five or six man staff in addition.to other
employees, and a salary of $35,000, Glen's salary should be at least $30,000 a
year and the budget should so reflect. He is the -only person in the City required
to be a professional. He is required by ordinance.to be a professional and nobody
else is required to -be a professional. The Police Chief,Fire Chief, Director of
Public Works, Water Superintendent, etc. can be anybody off the street. The City
Attorney is required by state statute to be a -member of the Bar. Compared to
practicing attorneys, his salary is way down at the bottom -of the list. Therefore,
Mr. Donahue.suggested.that the Council take favorable note of his qualifications and
put him high on the list in the budget. He should be.the'highest paid employee':Qf;
the City.
The second thing Mr. :Donahue addressed concerned the $100,000 which is being donated
by the County and this is great. ,-On;the other hand, there are conditions attached
to the donation. -and he cautioned the„Council that they should not accept the offer
if there are any..cond Lions. If you; do you.are selling your birthright for a mess
of pottage. Mr. Donahue stated that his past experience with the County'Commissioners
has bean less than satisfactkt. They have made agreements that they did not keep.
If they intend to control how much,:you charge for; -kids to swim, then they will .also
tell you how to build your pool. You should either reject the offer, or make an
agreement that they will, in the future, pay annually, one-fourth of the cost of.
maintaining and operating the pool.
The third item Mr. Donahue questioned was how much is..bei.ng'set aside for Capital
Improvement. Councilman Nystul replied that most of the Capital Improvement items
are budgeted in Revenue Sharing. Mr. Donahue stated that those were not the items
with which he is concerned. His concern is for the future purchase of a fire truck
or heavy street equipment. Unless you are putting aside a percentage of the general
fund, you are.: not lookingat the. future of the City. Councilman Nystulreplied that
the tightness of the General Fund does not allow anything for a Capital Improvement
Fund. If we are ever looking for another $190,000 purchase, we will have to go'
General Obligation Bonds. Mr. Donahue stated that as a taxpayer he is opposed to
this method of financing. Unless you are setting aside funds for a Capital, Improv-
ment program, you are not properly managing - you= -are neglecting and not.properly;
allocating. Councilman, Nystul replied that in the past the.Council has refused to
cut employees and"this is the reason;there aref�no funds for a Capital. Improvement
program. Mayor McDowell explained that we do have a vehicle replacement fund.
Donahue stated that you cannot accumulate funds over a.period of years within the
budget. This is illegal. You must operate with a Capital Improvement program.
Mr: Colin Wills, 755 N. Main, addressed the -budget with several questions. He
stated that the City Attorney knew what the wage was when he took the position, and
the Council.shoul.d decide on his raise. Mayor McDowell explained that this has
been addressed. The City Attorney has put in his.request.
Councilman Nystul stated that this is the first year the Council will address raises
of department heads on merit.
Mr. Wills stated that schools and travel line items within the budget area tender
spot with him. He questioned the.increase,for this teem within. the.City Court
budget. Mayor explained that the state statute requires the Judge to attend a
certain number of schools each year. Because of the number of new laws this legis-
lative.session, Judge Willis requested that his,clerk also be allowed to attend.
Mr. Wills questioned the value of the League of Cities &,'downs. He stated that it
was a shame that we elect representatives and then must pay a lobbyist to represent
us. Mayor explained the=accomplishments of the League - their help in obtaining
funds from a block grant -- the fuel tax doubled this year giving us a total of
$180,000 plus and other services with which they help.
1
101.
Mr. Donahue stated that he is pleased with the League of Cities & Towns.
Mr. Wills questioned the STEP program which is being'funded entirely from the General
Fund this year. Chief Stefanie explained just a part of their service. They opened
over 1000 looked car doors this past year, many ofhem„belonging to eZderly.folk.who
run great risk of harm unless someone comes to their assistance. The STEP people
answered over 2500 miscellaneous calls last year. They do a thorough investigation
of an average of 90 accidents per month - assist with paper work - help .with insurance
claims - have become a very necessary part of the Police Department.
Mr. Wills stated he is in -favor of combining the sheriff,'s office and the police
department to out out so much duplication.
Mr. Wills questioned if we have money n hand that i q y o s not out on interest, Finance
Director explained that all our money is invested. Our daily investment plan netted
the City over $90,000 last year.
Mr. Wills -asked what the City would do if we did not receive 'revenue sharing funds.
The answer is that we try not to use these funds for operating expenses.
Mr. Wills asked if the City has considered turning our bookkeeping operation over to
County Data Processing. Councilman Nystul explained that it has been considered but
their software will not operate for a city of our size. At some future date we may
put in a terminal for access on land management.
The Community Development Department loans were discussed. The administrative transfers
were explained. City Attorney Neier discussed pending suits involving the wastewater
treatment plant.
Mr. Wills concluded by -saying that his chief concern was how we could get along if
Congress discontinues Revenue Sharing.
The final General Fund Budget figure is $2,097,034.
COMMITTEE REPORTS
FINANCE
Councilman Nystul moved that all claims approved by the -committee be..paid. Seconded by
Councilman Saverud. Motion carried.
EMPLOYMENT
C.�Zauner had no report.
ANNEXATION
No report
STREET & ALLEY
No report
PARKS
No report
COHgUNITY DEVELOPMENT
Councilman Saverud had no report.
SAFETY
Councilaan Grainger had no report.
MISCELLAMUS
CouncilmanZauner moved that all three names who
have been nominated by the City -County
an pining Board, Les Ormiston, Bob Lilenthal and
James B. Stephens are e°at'.,"Pfacto�T.`_ta
the City Council and the Board be so informed.
Seconded by Councilman. Grainger. They
have been nominated for the "at-41arge" member.
Motion carried.
Councilman Grainger moved to recess this meeting until 7:30 P. M. Monday, August 8, 1983.
Seconded by Councilman, Nystul. Motion carried.
Approved as presented August 15, 1983
ATTEST:
Nar' rie Giermann, City Cj.erk -.: