11/19/73 City Council Minutes541
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7.30 P.M. IN THE
COUNCIL CHAMBERS OF CITY HALL NOVEMBER 19, 1973. COUNCILMAN KNAPP WAS ABSENT. ALL
OTHER COUNCILMEN PRESENT. MAYOR BJORNEBY PRESIDED.
The minutes of the regular meeting of November 5, 1973 were read. Councilman Miron
noted the annexation report should be "appraised" rather than "assessed" value, and
asked correction of the minutes. Councilman Schwartz requested it be noted in the
report by Mr. Tynes regarding anchor blocks that "City Code requires anchor blocks".
Councilman Miron moved approval of the minutes as corrected. Seconded by Councilman
Schwartz. Carried.
Conrad Mansion Museum -
Mr. Chris Vick presented to the Mayor and Council the following letter and made a few
comments regarding the progress and needs of the museum project.
November 16, 1973
635 Woodford
Missoula, Montana 59801
TO: The City of Kalispell
and
TO: The Honorable Laurenoe G. Bjorneby
and
TO: The City Council of the City of Kalispell
This letter is t9 confirm my intent toconvey to the
City of Kalispell the Conrad Mansion, which property is
legally described as Lots 1 through 6, inclusive, of Block 195
of Kalispell Townsite Company's Addition No. 2 to Kalispell,
Montana, according to the plat thereof on file and of record
in the office of the Cler]i and Recorder of Flathead County,
Montana. I am making thiEl gift to the City with the hope that
it .will serve the City, ( pd Montana and the Nation) as a
tmonument to my Father, C. �. Conrad, and of that period of
##WW lispell and Montana hisi,ory in which he lived. Tile Conrad
$9nsion Museum will fulfill that purpose.
I shall make this gift to the City of Kalispell so
those purposes may be attained, but the gift will bq subject
to certain conditions which should in no wise interfere with
your development and operation of the museum. The conditions
I.wish to impose are two -gold: First, to enhance.the perpetuation
of the Museum and its purpQB es; second, to provide in the Mansion
an apartment for my personal use during my lifetime, and for an
additional specified period for my heirs. The specific terms
and reservations can be worked out immediately, keeping in
_mind both the needs of the City of Kalispell and my wishes. I
fully realize that the requirements of the Internal Revenue Ser-
vice must be met, and Professor Albert Stone of the University
of Montana Law School andihis staff presently is working
on that problem. At this time, I am not prepared to make an
immediate gift to the Cityof Kalispell of furnishings and
articles of personal proprty; however, my present intention
is to make such a gift.
I further realize that if there is to be a Conrad
Memorial Museum, the Mansion must be furnished; therefore,
until I have made an outfight gift to the City of certain
furnishings, the furnishings will remain in the Mansion for
the purposes of the muse Ta
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Page 2 November 16, 1973 City of Kalispell, at al.
I also wish to express to you my joy that you share with
me the desire to create for Kalispell an institution of
significant historical importance. I will diligently pursue
that purpose and at the earliest possible moment execute
the necessary documents to vest title_in the City of
Kalispell. As soon as Professor Stone has those documents
prepared, copies will be presented to you for your approval.
Gratefully submitted,
Alicia Conrad Campbell
Councilman Happ moved acceptance of the letter of intent., Seconded by Councilman
Daley. Carried.
Mr. Vick suggested the city council appoint a committee to handle the City end of
negotiations on the final draft and further suggested the Mayor, Councilman Sliter.
and City Attorney be on this committee.
Councilman Schwartz moved Mayor Bjorneby, Councilman Slater, and City Attorney
Donahue make up committee to act on behalf of the City in negotiations�of the final
draft of documents to transfer Conrad Mansion property to the City. Seconded by
Councilman Miron. Carried.
Salvage Yard Status -
In response to a request by the City for representatives of Wishers Salvage Yard
to appear at this meeting to inform the Mayor and Council as to their plans for
the future regarding the salvage operation, Mr. Clam Wisher, owner -operator of the
salvage yard, reported that he had applied for a license (from the state) to
gperate where he is presently located and was #71 on the list (of state licenses).
Mr. Wisher told Mayor and Councilmen that on the other yard where he anticipated
moving, that he has a well drilling outfit out there drilling a water well and that
he also has a man living out there (airport road location). Mr. Wisher reported
that because of limited financing and costs involved, it would require time to
complete a move to the new location. That his capital is out innield (salvage
autos etc.) and has no value until someone wants it. Mr. Wisher, when asked when
he could complete move to new location, said that he could not give a time when it
might be completed, but that he did not expect it would be complete within a year.
Councilman Schwartz read portions of Title 32, Chapter 45 of the Revised Codes of
Montana requiring junkyards to be fenced so as not to be visible from main traveled
way of any highway and that if it is found as a practical matter cannot be screened,
shall not be required to be removed until July 1, 1970. Councilman Schwartz said
the law has already given five years for compliance, from 1965 to 1970 and that
Wishers Salvage Yard should be in compliance now.
Mr. Wisher reported that this is the first time he had heard of this law - that he
was putting up fence at present location, but it takes time - that he still intends
to move to new location.
Councilmen reminded Mr. Wisher that they had advised him not to go to the expense of
erecting the fence if he is going to move and that he expedite the moving of the
salvage yard rather than spending money to fence.
Councilman Daley spoke in defense of Mr. Wisher, saying that Mr. Wisher has one of
the better appearing salvage operations and that it takes time and money to
accomplish these changes.
Councilman Schwartz stated that the area of salvage yard is becoming surrounded
and is no longer an area for this type of operation and the Mayor and Council need
some indication from you as to your intent and cannot wait 5 to 6 years for the
move to new location to be accomplished.
Mr. Wisher said that he planned to contract with the railroad for a siding at the
new location and that he planned to crush and hygrade the salvage and ship out by
flat car.
Councilman Schwartz told Mr. Wisher that the re -location could have been accomplished
543
several years ago under the urban renewal program, but that Mr. Wisher had refused to
come under this program in refusing to annex his property at that time.
Councilman Miron said that he thought that now Mr. Wisher gets the point that the
City wants him to move the junkyard and that some immediate action is needed - -
that the area is now surrounded and the City will annex and put the property on the
tax rolls and force Mr. Wisher to move the yard.
Councilman Schwartz said things are moving too slow and the Mayor and Council would
like to help Mr. Wisher expedite the move to new location and to help Mr. Wisher to
receive Planning, Board approval for:new location.
Councilman Miron suggested the matter be held in the annexation committee and a plan
be submitted by Mr. Wisher at the first January council meeting. Mayor Bjorneby
referred the matter to the annexation committee.
Mayor Bjorneby reported that Councilman Miron has requested to be excused from the
meeting early,therefore Councilman Miron would give his committee reports at this
time.
Sewer & Water Committee
Councilman Miron introduced Dave Astle, Attorney. Mr. Astle reported that he represent-
ed Mr. Miskulin who has asked for water service for property located at 1215 7th Ave.
West which is outside the City but within the service area of the City Water Depart-
ment. That they had been informed that the City did not make new service connections
outside the City and that they should contact the Sewer & Water Committee of the
council.
Councilman Miron reported the committee has considered this request and the majority
of the co®ittee recommends the request for new service outside City be denied.
Councilman Miron moved the request be denied as recommended by the committee and the
matter be referred by the parties making the request to the Public Service Commission
if they wish. Seconded by Councilman Daley. Carried.
Councilman Miron reported the City Attorney had written a letter on behalf of the
committee considering a similar denial of service outside the City in the.same general
area (filth St. W & 8th Ave. W. - Mr. Prequea).
Sewer SID Proposal - -
Councilman Miron asked the letter from Sanitarian Coulet be included in the minutes.
October 16,1973
Toi Al Miron-
Sewer & Water Committee
Fromi Darryl Goulet, Sanitarian
Subjl Boundary limits for the Willis Addition and Woodland Addition sewer project.
In attempting to set the boundary limits for the.sewer project for the
Willis Addition and Woodland Addition areal the question was raised$ why not
include Woodland Park in this SID sewer project? The reason for including
Woodland Park are the restroom facilities in the park. There is a set of
restrooms by the ball fields and the restrooms in the swimming pool. With the
advent of increased usage due to more ball games, more people at the swimming,
pool and probably more people in the park because of the lagoon removationg
we shall need much better sewage facilities. The septic tank by the ball
fields are not designed to accomodate the volume of water they are subjected
to.
It would seem that it is an opportune time to take case of this park
sewage by taking part of this new SID. Since money is always a question
we would be able to participate by budgeting for this next year. As it
stands nbw we are shooting for a summgx of 1974 project if all go well.
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My question for the Sewer Committee is I need you to make a decision
as to whether or not we should include the Woodland Park as part of the
sewer SID in that area.
Respectfully submitted,
I + �
Darryl G:et, Sanitarian
Councilman Miron reported this will be held in committee for consideration.
Gateway West Water Hook-up - -
Councilman Miron requested Councilman Schwartz to report on the water service hook-
up to Gateway West. Councilman Schwartz reported that since this line is connected
to the main being constructed by Tynes Construction, the project engineer is direct-
ing a letter to Tynes Construction that the connection of Gateway West line to the
main being constructed by Tynes does not constitute acceptance of the Water Improve-
ment System being constructed by Tynes Construction. I - -
Councilman Schwartz said he has notified the Gateway West people that they will
experience periodic temporary shut downs of service while the Water Improvement
Project is being completed.
Councilman Daley reported that Mayor Bjorneby was informed that they were chlorin-
ating and testing the Gateway line.
City Engineer Lauder reported the section of the Water Improvement Project between
Buttrey Food Store and Husky Super Stop ls,leaking and is to be repaired and tested.
City Engineer Lauder reported that the Water/Wastewater School in Bozeman last week
was profitable for all those who attended and that he had taken the certification
test for Class I Sewer and Water Operator.
City Engineer Lauder reported that some of the redwood for the tower and some of the
fittings have been received for the Secondary Treatment Plant Project.
CITY OFFICIAL REPORTS - -
City Clerk and City Treasurer for September.
Sanitarian, Police Chief, Police Judge, City. Engineer for October
Councilman Slater moved approval of the City Officials reports. Seconded by Council-
man Miron. Carried.
ADDRESSING THE COUNCIL
Mr. Andy Robinson, representing the Flathead Safety Council, spoke to the Mayor and
Council regarding the Safety Councills bicycle safety program and that they would be
soliciting help on various aspects of the program from police, firemen and others.
Mr. Robinson also asked that the resurfacing of Meridian Road take place a little
more effectively.
COMMITTEE REPORTS
Street & Alley - -
Councilman Happ read the following correspondence:
i
November 2, 1973
Home and School League
St. Ms'tthews School
Kalispell, Montana
City Council
Kalispell, Montana
Dear Members of the City Council:
I
545
The St. Matthews Home and School League would like to
thank you for the work you did in changing 6th and 7th
streets to one-way streets. Our members have been most
satisfied with the new arrangement and feel that it
provides a much safer situation for our school children.
Sincerely,
Anne Kiley
Secretary
NOVO RECOm
Clay CLAA;(
W19!ry,
� M3NfA'7A r
Councilman Happ referred to letter from State Highway Department concerning the
Highway Department offer to purchase property from City for Right -of -Way on
Airport Road for the Airport South Loop- Following discussion the matter was held
in committee to give councilmen a chance to look at properties included in the
offer.
Finance -
Councilman Sliter reported the committee has audited the claims for October and
moved these claims be paid. Seconded by Councilmen Sampson. Carried.
Parks -
Councilman Daley reported the progress of the parks projects and that Parks
Supervisor Drent and crew were working on the museum and other parks projects.
Progress on the Lagoon Project was reported by City Engineer Lauder - the bottom
has been dredged - considering type of bridges to be installed - well not started
but expect this to start next week - the possibility of skating this winter and
filling the bottom with gravel are being considered.
Health 6 Business License -
Councilman Sampson reviewed with Mayor Bjorneby and Council the proposed garbage
ordinance.
ORDINANCE NO. 818
Councilman Sampson moved enactment of Ordinance No. 818 An Ordinance establishing
a municipal service for the collection of all refuse. garbage, rubbish and ashes
accumulated in the City; setting forth the authority of the City Engineer;
prescribing regulations, etc. Seconded by Councilman Slater. Roll Call Vote.
All voted aye.
Councilman Sampson reviewed with Mayor Bjorneby and Council the proposed business
license ordinance and revisions (portion of Section B, Page 10) were noted by City
Attorney Donahue.
ORDINANCE NO. 819
Councilman Slater moved the enactment of Ordinance No. 819 An Ordinance to provide
for a general licensing of businesses within the City. Seconded by Councilman Happ.
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Roll Call Vote. Councilman Daley and Councilman Thomas voted No. Councilman Happ,
Slater. Sampson & Schwartz voted Aye. Carried.
Annexation -
Councilman Schwartz referred to letter from the Area Wide Planning Organization
directing attention to Mayor Bjorneby and Council to ommission of information on the
plat of the Weissman Addition and recommending correction of the plat before proceed.
ing with annexation of the property.
Councilman Schwartz moved the annexation be waived for further study. Seconded by
Councilman Sampson. Carried.
Fire Protection Agreement -
Councilman Schwartz reported that he had been contacted by representatives of the
Kalispell Lumber Company who reported they will make full restitution for missed
payments on the fire protection agreement.
Safety -
Councilman Thomas reported the committee with power to act awarded the bid for new
police car to Roy Stanley Chevrolet for $3,482.19, a reduction in the bid amount of
$35.88. the difference between a 4 barrel and a 2 barrel carburetor.
Councilman Thomas moved Police Chief Waggener be authorized to attend the Crime
Commission meeting in Helena, Novwmber 15-16 with travel by private transportation
authorized. Seconded by Councilman Daley. Carried.
Councilman Thomas requested Chief Waggener to report on jail inspection by state
health inspector. Chief Waggener reported the inspector recommended:
3 meals a day
Replace mattresses with fire proof mattresses
Furnish pillow cases and sheets
Replace electrical wiring (wiring exposed and unacceptable)
Paint
Held in safety committee for review.
Purchase Police Car Trade -In- -
Councilman Sampson reported that the police car trade-in can be purchased for $800.00
and could be used around schools, etc.
Councilman Sampson moved the City purchase trade-in with Revenue Sharing Funds. Second-
ed by Councilman Thomas. Carried.
Police Chief Waggener reported there would be repairs of approximately $280.00 needed
on this car - new windshield and other repairs.
MISCELLANEOUS BUSINESS -
Letter from Trinity Lutheran Church seeking written consent for their sign in Lions
Park. Councilman Daley moved permission be granted to Trinity Lutheran Church for
the sign at Lions Park. Seconded by Councilman Schwartz. Carried.
letter from Safeway Stores requesting transfer of license for Beer, Tobacco and Soft
Drink License from present store to new location, approximately December 15, 1973.
Councilman Slater moved approval of the license transfer for Safeway Store #1870
located at 285- No. --Main, Kalispell, to Store #101 in the Gateway West Shopping•Center
in Kalispell. Seconded by Councilman Thomas. Carried.
Letter from Councilman Knapp notifying Mayor Bjorneby and Council of necessity to be
absent from city and state November 17th through December 2nd.
License & Permits Bonds and Beer License Application -
Norbert Charbonneau
Norbert Charbonneau
William Walbon
Cirete K Corp. Store #680
North Meridian Road
Gas Installer
Plumber
Plumber
Off Premises Beer
Continuation Certificate
Continuation Certificate
Continuation Certificate
License Application
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Councilman Sliter moved acceptance of the License & Permit Bonds and the Beer
License Application. Seconded by Councilman Sampson. Carried.
Budgeting -
Councilman Sliter recommended and moved budgets be prepared in May and June prior
to beginning of fiscal year. Seconded by Councilman Thomas. Carried.
Garbage -
City Engineer Lauder reported the fee schedule for garbage will be.prepared for
consideration at the next regular council meeting.
No further business being presented Mayor Bjorneby adjourned the meeting.
Minutes read and approved December 3, 1973.
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