02/11/74 SP City Council MinutesSPECIAL MEETING
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"IN THE HEART OF THE NATION'S PLAYGROUN-
KALISPELL, MONTANA 59901
TO THE HONORABLE BOARD OF COUNCILMEN
CITY OF KALISPELL, MONTANA
Gentlemen:
Miere will be a Special Meeting of the City Council, Monday, February 11, 1974, at
12 o'clock noon, at the Elks Club for the following purpose:
Consideration of the Conrad Mansion Memorial Agreement
t',e undersigned, being all of the members of the City Council, do hereby wajv,�
..-.:ico of the date and purpose of the Special Meeting of the City Council to '--� ;.,Id
A y 1'7'�� 12 o'clock noon, at the Elks Club, and conser..: co
transY' �=-noq-�th!';b. and other business that may properly come before the
C
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Albert A. Mron
John C. Schwartz
---------- Everit A. Sliter Harold L. Sampson
Forrest W. Daley Paul E. Knapp,;'
Norbert F. Donahue
Norma E. .}Tapp
1. rranx a. inomas
Mayor Bjorneby called the meeting to order at 1:05 P.M. following a slide
presentation and narrative by Mr. Sam Bibler, showing Kalispell at the time the
Conrad Mansion was built; showing members of the Conrad family; pictures of the
mansion exterior and interior; surroundings at various periods of history and
relating the significance to the area of the family and the mansion.
Following Mayor Bjornebys opening remarks, Mr. Chris Vick asked that he be per-
mitted to read the following prepared statement:
"It would seem proper at this time for me to set the stage for our meeting today,
by capsulizing the history of our talks with the City and the progress of those
negotiations. From the day my grandmother undertook to give the mansion to the
City, up to the present, she has done so in a spirit of generosity and philanthropy.
If anyone here suspects that she will receive any gain in terms of tax advantage
or otherwise, by giving the house, they are sadly mistaken. In any positive action
taken by the City concerning the mansion, my grandmother's only gain will be in
knowing that an important historic house will be preserved.
We have proposed to give the City of Kalispell a property, conservatively worth
$100,000.00 in exchange for which we have made several provisions and restrictions
in it's use. These restrictions and provisions we have made abundantly clear to
the City, since we first proposed the gift and if you will review the minutes of
the first board meeting of the mansion, dated October 18 1973, you will note the
broad concepts of the latest agreement, if anything, indicate much compromise on
the behalf of the family in terms of modifying significantly our approach concern-
ing the apartment, the strength of Kalispell's membership on the board, and indeed
the family's strength on the board.
We made these concessions for two reasons:
1.
Because we felt a need to cooperate with and consult the city council
so as to make a document that was both true to
the principals inherent
In the gift, and;
2.
Because we wished the City to have a realistic
relationship to the
board.
'
We have
met numerous times with members of the council,
both in committee and
singly,
as well as the city attorney,in the pursuit of
a mutually palatable agree-
ment.
It is our firm and resolute opinion that we have
in this latest agreement
proposal
done just that. We have always been amiable to
speculate on wordings and
are not
opposed to changes now, as long as the concepts
involved are not altered.
However, we have gone as far as we intend to go and will not conceed any more than
we have. This is especially true concerning two areas, those being the apartment,
and our retention of ownership in all furnishings and personal property on the
grounds. We feel that in the first case, considering the age and health of those
who will be granted its use and the utility of the apartment to the museum after
the lapse of our interest, it is small recompense, indeed, for my grandmother in
consideration of the gift.
Touching on our retention of the furnishings within the house - we have always
made it abundantly clear to the city council that we would retain those rights for
the present. However, we did see that we were harnessing the City in an agreement
that they potentially could not perform, so we included a clause, under section
four, that would release the City from those obligations, should we not make that
furniture, that is necessary to the restoration of the building, available. This
Is our position and has been from the start, as I am sure your own council minutes
will reveal. We will not be bullied into any other arrangement.
In short, we have offered the City our best efforts in arranging to
give what we
Intended to give for the purposes
the gift was given. We have done
no less and
at this time we will do no more.
I suggest, that at this time, the
City examine
whether they wish the gift to be
given to the people of Kalispell or not, on the
strengths of our proposal and act
accordingly. Moreover, for the sake of expedit-
ing a resolution of the question
at hand, we would request that the
City help us
make any last minube changes, so
that the issue can be resolved by
the first council
meeting in March, at the latest.
On a personal note, our family arrived in Kalispell yesterday afternoon to find
that there had been printed in the Interlake an article presumably released by the
president of the council, that did all but imply that we were engaged in dishonest
activity concerning the disposal of the Pierce Arrow. We have never discussed to
my knowledge, the disposition of the Pierce with the city council. However, it was
Initially our wish that the Pierce be part of the donation. Certain legal quest -ions,
combined with our deciding that the car was out of the time period desirable -for the
museum (it not having been built until 5 years after the mansion was closed for all
Intents and purposes) prompted our decision. It is apparent to all of us that the
City has been dealing with us as if we were trying to unload a white elephant on them
Instead of being considerate of our privacy. The implications of the statement in
the Interlake was not nearly so angering as the disclosure to the press, of a near
quote from an earlier proposal than this last one, which is in violation of the
families request that such initial proposals would remain private. We have been
dealt with sharply and would request an explanation why the council deems it necessary
to attack us in the press as if we were charlatans."
Mr. Vick informed Mayor Bjorneby and council members that questions concerning the
agreement should be directed to Mr. O'Brien, attorney representing the family.
Councilman Miron asked if he understood correctly that the furniture will remain
under control of the family, but that the family plans to leave furniture in the
mansion.
Mr. O'Brien reported that it was Mrs. Campbells intention to loan the furnishings to
the City on a permanent basis for display in the mansion, with the exception of
Items with which, she has a very personal attachment. That she had indicated to Mr.
O'Brien that her will would provide that the furnishings would be loaned.to the City
on a permanent basis should anything happen to her.
Councilman Daley reported that the thing that seemed to bother those that he talked
to the most, was that the City has not received the deed to the mansion property.
Mr. O'Brien reported that perhaps he was mainly responsible for the delay, because
Mr. Hash, who had,been representing the family, became ill and that he.had had to
work the.mansion and family representation in with work to which he was previously.
committed. The deed will accompany the agreement as soon as the final agreement is
accepted by the City. The deed will be exchanged for the agreement.
Councilman Knapp stated that he did not believe the City should sign the agreement
until a title search has been made and a statement by the attorney.that there is
clear title to the property,
Mr. O'Brien reported that a title search will be ordered immediately.
Councilman Knapp brought up the question of inheritance tax and the possibility of
the City being liable if these were left unpaid. Mr. O'Brien said that he could give
a personal letter of assurance, stating that there are sufficient assets in the
estate to cover all costs of administration that could be possibly liened, including
both federal tax, state tax, inheritance tax, and various other costs of administ-
ration .
Councilman Thomas said the big question is the use of taxpayer money and where to
get the money to restore the mansion. The taxpayer has the right to know how their
money is being spent. The museum board has not met with the city council to inform
the council of the boards recommendation of financing and restoration of the museum.
The use of taxpayer funds made it necessary to keep the public informed as to the
expenditures of the City regarding the mansion, and that despite the 'family' desire
to avoid publicity on these matters, the use of public funds made it necessary to
keep the public informed.
Councilman Thomas further related that some people (taxpayers) inquire as to why the
City can spend money on the mansion when there is not sufficient money to repair the
streets -. can spend money on the mansion and not have money available to help the
Teen Center - and other similar questions. Councilman Thomas reported that he was
In favor of the museum, but that the financing of the project was still of major
concern.
Councilman Schwartz raised questions regarding:
permanent loan - what does this mean?
Insurance on furnishings - some question as to whether the
City could insure the furnishings?
what is the museum boards' definition of &'qualified curator?
I
Mr. O'Brien said that he was not familiar with the operation of museums, but that
permanent loan is a -'jargon' commonly used in connection with loans- to museums. He
said that regarding insurance, he felt that the furnishings could.be insured by the
City without any legal problems and that he would check into this. If a legal
problem does exist in this regard, something will be worked out.
Mr. Champeau, historian and member of the board, reported that it is common for
museums to take things g permanent loan and to have them insured. As to a
qualified curator,.the board would have to determine the qualifications within the
money which is available to.operate.
Mr. Bibler, board member, reported possibilities of money for the museum project
through federal and state sources, National Historic Sites, Bi-Centennial Project -
do not intend financing by private contribution, however there will be a program
for raising funds through the chamber of commerce for the museum project.
Councilman Slater reported that it would be nice if we had a year to think about the
agreement and financing, but it is necessary to make a decision now. Some money
can be raised by private contribution, but not a sufficient amount and the City can
consider using revenue sharing funds - a permissive levy - we do not know exactly .
but need-to.comoit ourselves as to whether to see the project through or not to
accept the agreement.
Councilman Knapp said that he felt that a private corporation should take over the
museum project - that it should not be on Kalispell or the taxpayers.
Councilman Slater said that we should concern ourselves with the agreement at this
time.
Mayor Bjorneby said he would like to see the agreement adopted as presented.
Councilman Miron saidthecouncil has no control over the furnishings, including
the 1926 Pierce Arrow (being advertised for sale). Why could not other thingsgo
the same way?
Mr. O'Brien said that they did not feel the Pierce Arrow would constitute part of
the furnishings and that they had already sold two or three other vehicles that
were on the mansion grounds.
Mr. Murphy, attorney and board member, reported that he is not particularly_- -
concerned about the furniture, as long as there is now no reversion clause to the
family. The agreement provides that the restoration will be within five years,
does not stipulate -as to how it Is to be financed and leavesthis open. Whatwe
need to determine now, is the agreement fair to the City? I feel in my own mind
that in 5 years there will be some way.to do this and it may be necessary to have
some faith that the project can be financed and carried through. If ItIsfelt -
the agreement is not fair to the City, we need to make the necessary changes and -
then start to go. We either have to decide to start to go or we have to decide to
quit.
MayorBjornebystated that the Pierce Arrow does not fit the period of the mansion
and the turn of the century.
Mr. ChrisVicksaid that not all of the furnishings could be used as there is not
sufficient room for all of them.
Councilman Happ said she felt there should be a ceiling on the amount to be spent
on the apartment for the family.
Councilman Schwartz said he would like to have the museum question put on ballot.
Mayor Bjorneby asked for any comments from visitors present.
Mrs. Larson said that she was grateful to Mrs. Campbell for giving this opportunity
to the City and urged Mayor Bjorneby and council members to proceed with the museum
project.
_John Zauner- said he -liked the idea of the museum and -of the museum board, but
that the City should not lose sight of who, why, and how this is going to be paid
for and that the council has an obligation to the taxpayer. The Big Question?
What is it going to cost the City?
Councilman Schwartz asked if there were any projection as to the income from the
property.
S
Mr. Bibler said that it is anticipated that the maintenance cost would be _supported
by tourist fees, and referred to the Bradford Museum, located in Wyoming, as an
example. It has 13,000 visitors per year and is a continuing tourist attraction,
Mr. Bibler.said it is felt that there will also be limited federal money available.
Councilman Thomas said the council has to decide now - is this a worthwhile project
and do we feel we can meet the obligation within 5 years.
Mayor Bjorneby asked for a show of hands of the councilmen who -accept the agreement
In principle. Mayor Bjorneby reported 6 councilmen showed they accepted the agree.
ment in principle.
Mr. O'Brien reported that drawings were being prepared regarding the apartment and
that cost would be determined by that.
Mayor Bjorneby adjourned the meeting.
Minutes approved as written, March 4, 1974.
THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, WAS
HELD IN THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P.M., FEBRUARY 18, 1974. MAYOR
BJORNEBY PRESIDED. ALL COUNCILMEN PRESENT.
APPROVE MINUTES
Councilman Miron moved approval of the minutes of the regular meeting of February
4, 1974 as written. Seconded by Councilman Thomas. Carried.
CITY OFFICIAL REPORTS
City Clerk and City Treasurer for December 1973
City Engineer, City Sanitarian, Police Chief, Police Judge for January 1974.
Councilman Thomas moved acceptance of the city officials reports as presented.
Seconded by Councilman Daley. Carried.
ADDRESSING THE COUNCIL
Mr. Sandy Schindler, representing petitioners who petitioned for the abatement of
the operation of the Teen Center, reported that they were unhappy with the council
action on the Teen Center. (to allow the center to continue to operate for a
further period of time)
Councilman Miron said that at the informal meeting the council had with the parent
board and junior board and other interested parties, he had said he would make a
motion to grant permission for the continued operation of the Teen Center for the
rest of the school year.