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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 -.: