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07/25/77 City Council Minutes208 THE REGULAR MEETING OF THE CITY COUNCIL WAS BELD AT 7:30 P. M., MONDAY, JULY 25TH IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIIIID. COUNCILMAN WILLIAMS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Bleken moved that the minutes of the special meeting of June 28th be approved as presented, Seconded by Councilman O'Boyle. Motion carried. Councilman Allen moved that the minutes -of the regular meeting of July 5th be approv- ed as presented. Seconded by Councilman Bleken. Motion carried. I ADDRESSING THE COUNCIL Three gentlemen, representing Citizens Against Pornography (CAP), presented a 2 hour discussion on the harmfulness of the pornography stores which have opened recently in Kalispell. The representatives were John O'Mailia, 113 2nd. St. West; Don Nelson, Owner of Peterson Motel; and. Pastor Huber, Trinity Lutheran Church. Mr. O'Mailia carried petitions signed.by 13,E+39 concerned citizens. He stated that he wanted a statement from Mayor Happ and members of the council as to their intentions of dealing with this problem. One of the book stores has been burned out. They do not want this type of solution, but want to stop it legally. Mayor Happ introduced Bob Finley, former representative to the state legislature, who told the council and group what happened in the 1973 legislature. A bill was introduced to control this type of business, but was protested so strongly by the Civil Liberty League who claimed that control would violate the liberties of the U. S. Constitution, that the bill was defeated. The problem is with the definition of pornography. At this time, the only illegal act is selling to persons under 18 years of age. If the book stores violate this law, they can be prosecuted and possibly shut down. Representatives of CAP stated that something was being done in other states, and they I felt that with the cooperation of the people in the Valley and the City Council something can be done in Kalispell or perhaps for the entire state of Montana. City Attorney Donahue replied to a suggestion to control it with zoning, that this was impossible because there was not a zone that would want or allow a store of this type. So many concerned citizens gathered in city hall, that Fire Chief Peters had to ask all persons in the hall and on the stairway to leave because of the fire hazard. They retired to the.lawn, where Mayor Happ and Pastor Huber assured them that they would do everything within their power to assist with their problem. The Council cannot pass an ordinance denying anything that is allowed by state law. One answer is to get back to the state legislators at their next session. City Attorney Donahue told the group that Great Falls made it a crime to sell pornographic material to anyone. It was taken to the Supreme Court which upheld the right to sell pornographic material. Protestors blamed the City, claiming that these stores had been sold business licenses. It was explained to them that the City does not license any business, except soft drinks, cigarettes, vending machines, movie houses and perhaps a few others. Rich Hadley, Chamber of Commerce Manager, stated that business licenses would not have kept these stores out, neither would a sign ordinance. Councilman Grainger moved that the matter be referred to the City Development Committee who will meet with representatives of their group, City Attorney Donahue and County Commissioners to help with the problem. The Council felt that this is also a County problem, as many of the signatures of the petitioners would have to be persons not living in Kalispell. Seconded by Councilman Allen. Motion carried. Mayor Kapp and City Council members reaffired their support in any way possible. any BUNKER SAND for Golf Course McElroy & Wilken, Inc. Pack & Company, Inc. Cashier's Check $7.50 per cu. yd. 7.45 per cu. yd. Councilman Daley moved the bids be referred to the Park Committee and Golf Association Committee for review with power to act. Seconded by Councilman Allen. Motion carried. BENTONITE for Golf Course Kalispell Feed & Grain Bid Bond will be supplied on 7/26/77 as sq ft needed is in question .098 per sq. ft. Councilman Daley moved the bids be referred to the Park Committee and Golf Association Committee for review with power to act. Seconded by Councilman Granmo. Motion carried. POLICE CARS Roy Stanley Chevrolet Cashier's Check 2 cars with no trade in $13,724.56 2 cars if one trade in 12,574.56 2 cars if two trade ins 11,424.56 Hines -Chrysler Plymouth Cashier's Check 2 cars with no trade in 12,950.00 2 cars if one trade in 12,200.00 2 cars if two trade ins 11,375.00 Councilman Grainger moved the bids be referred to the Safety Committee for review with recommendation at next regular meeting. Seconded by Councilman Allen. Motion carried. WATER WELL Liberty Drilling #3375-A Bid Bond 99,617.50 Councilman Granmo moved the bid be referred to the Sewer & Water Committee with power to act. Seconded by Councilman Allen. Motion carried. North American Ambulance Sales, Inc. Bid Bond 1977 Dodge 440-no trade 20,701.00 w/trade 16,201.00 1977 Dodge 360-no trade 20,056.00 w/trade 15,556.00 Councilman O'Boyle moved the bids be referred to the Safety Committee with power to act. Seconded by Councilman Granmo. Motion carried. ADDRESSING THE COUNCIL Stan Pine, Developer in Park View Terrace, asked the Council for a decision on his request to purchase sewer and water utilities. Mr. Pine originally petitioned the Council to annex 10 lots as R2 zone and was denied the request. He then asked for sewer and water service. Councilman Granmo stated that the Council is awaiting the decision of the PSC regarding service outside the city limits. He stated that the Council would handle it as expeditiously as possible. Mayor Happ introduced Mr. Lloyd Shoemaker, newly hired building official. RESOLUTION NO. 3127 Councilman Granmo moved adoption of Resolution No. 3127-a Resolution adopting the Preliminary Budget as set on the all day budget meeting on July 19th, and on file in the office of the City Clerk, and directed publication for a public hearing on August 3rd. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. -2]_p RESOLUTION NO. 3128 — OIL SPRIMING Councilman Grainger moved adoption of Resolution No. 3128 a Resolution of Intent to levy an assessment for the cost of dust control, in the City, estimating the cost thereof for 1977, and directing notice be published for a public hearing on August 3, 1977. Seconded by Councilman Grainger. Roll call vote. All voted aye. RESOLUTUION NO. 3129 — WATER SPRINKLING Councilman Allen moved adoption of Resolution -No. 3129 a Resolution of Intent to levy an assessment for the cost of dust control and water sprinkling of the streets and avenues in the water sprinkling district, estimating the cost thereof for 1977, and directing notice be published for a public hearing on August 3, 1977. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. RESOLUTION NO. 3130 — STREET LIGHTING Councilman Grainger moved adoption of Resolution No. 3130 a Resolution of Intent to levy an assessment for the cost of lighting the streets and avenues in the lighting district, estimating the cost thereof for 1977, and directing notice be published for a public hearing on August 3, 1977. Seconded by Councilman Bleken. Roll wall vote. All voted aye. COMMITTEE REPORTS ANNEXATION „r ORDINANCE #875 Councilman Griffin moved to enact Ordinance #875 an Ordinance to provide for the alter ation of the boundary of the City of Kalispell by including therein, as an annexation, certain realty to be known as "Hall Addition No. 82". Seconded by Councilman Granmo. Roll call vote. All voted aye. RESOLUTION NO. 3121 Councilman Griffin moved to adopt Resolution No. 3121 a resolution to approve as a subdivision of the City of Kalispell, Hall Addition No. 82. Seconded by Councilman Grano. Roll call vote. All voted aye. STREET & ALLEY Councilman Allen reported that the committee met on July 13th. A request for a stop sign on 3rd. Ave. East at 5th St. has been deferred for further study. The request for one-way alley behind the library and let Northwestern National Bank and the block north has been deferred until they can talk to all property owners involved. The committee has asked Surveyor Pauli to ascertain how much property is available for a street on the Grattan Property on Buffalo Hill. No decision was made on a request for free park— ing on the streets on Saturdays. GAMBLING Councilman Daley reported the committee aet to consider issuing additional gambling license to the Hind Quarter and recommended it be issued. Councilman Daley moved that a policy be adopted in our gambling rules regarding penalty for misdemeanors if committed by dealers. Seconded by Councilman Allen. Carried. SAFETY Councilman O'Boyle moved that the Safety Committee and Police Chief McDowell be permitted to hire a dispatcher to fill a vacancy in the department. Seconded by Councilman Grano. Motion carried. HEALTH Councilman Bleken reported a request from Mr. Alden Beller, Northern Lights Blvd., to keep a horse during summer months. Councilman Bleken reported a request from Dr. Smith Willis to reconsider his request to keep a pet mule on his property. On unanimous approval of the council, Councilman Bleken moved that no live stock be allowed within the city limits. Seconded by Councilman O'Boyle. Motion carried. Both petitioners will be so informed. Councilman Bleken reviewed a new pet ordinance which she and City Attorney Donahue have been writing. Main points are to increase the license to $15.00 for unspayed females and unneutered male dogs. License will remain at $3.00 if spayed and neutered. Pet owners will be required to keep their dogs chained at all times or confined within a fenced area. A few more revisions will be made before it is brought to a vote for adoption. SEWER & WATER Councilman Granmo had no report. CITY DEVELOPMENT Councilman Grainger had no report. MISCELLANEOUS Mayor Rapp announced that Governor Judge will be in town on Thursday, July 28th for the 'Engergy Daze' seminar. There -will be a no -host dinner at The Outlaw Inn at 5:30 P. M. Council members are invited to attend. There will be a public hearing at 7:30 P. M., August 11, 1977 in the Council Chambers for public information on the 3rd. Ave. E. N. Storm Sewer and Street Project. Attorney James Moore asked council members to reconsider their denial for a 14" encroachment for flower boxes by Montana Tour & Travel at 29 2nd. St. East. Mayor Happ almo read a letter from the Chamber of Commerce asking for reconsideration because of the beautification program for the City. Councilmen Allen, Daley, O'Boyle and Bleken voted against reconsideration. Denial reaffirmed. There being no further business the meeting was adjourned. Minutes approved as presented at the regular council meeting of August 15th, 1977.