11/21/77 City Council Minutes`?55
THE REGULAR METING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P. M. MONDAY, NOVEMBER
21, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN
WERE PRESENT.
CITY OFFICIALS REPORTS
City Clerk and City Treasurer for September 1977.
Police Judge, Police Chief, Dept. of Public Works for October 1977.
Councilman Williams moved the reports be accepted. Seconded by Councilman Allen.
Motion carried.
ADDRESSING THE COUNCIL
PROTEST NEW CITY HALL
Larry Lee, co—owner of the Whipps Building and representative of the merchants concerned
about parking, told the council that numerous parking spaces will be lost in the next
few years because of construction of new drive—in services at the Valley Bank and First
Federal Savings & Loan parking lots. A change from angle to parallel parking on First
Avenue East and the added construction to the Flathead County Library will mean a loss
of more parking spaces. Be stated that he has studied the city hall study made by
Brinkman and Lenon, Architects, in 1974 and that numerous other locations were suggested
besides the present site. Griffin Park was one suggested location. Be continued by
saying that these merchants do want a new city hall, but not at the present site because
they would like that for parking. He stated that these merchants had not known until
2 weeks ago that there were plans for a new city hall, although it was pointed out by
numerous councilmen and Mayor Happ that there has been a great deal of coverage by the
news media and models have been placed in various places other than city hall showing
the new complex. Mr. Lee stated he had called Mr. Bodner, EDA office in Denver, who
told him a 90 day delay would not totally do away with the grant.
Tim Schuldheiss, owner of the Pant Shack, asked why this location was selected, and
would we ask for an extension and can it be postponed. Councilmen told Mr. Schuldheiss
that this site had been selected when the City purchased the block building just south
of the water office. The council then knew that they would have to have the Henricksen
lots in order to build. The purchase of these lots and the application for the grant
came about at the same time. The grant calls for immediate construction and the council
has moved rapidly to comply with all requirements. To postpone now would mean the loss
of the grant and a possibility there.will never be another opportunity for a new city
hall.
Doug Rauthe, owner of Lee's Glass Shop, stated he would like to see a compromise. He
would be willing for the city hall to be built at the present site if the council would
agree to help the merchants find other parking space.
CURB CUT
At this point the discussion was delayed to allow a request from Dean Biby, Biby Floor
Covering, for a curb cut from 4th Ave. W. N. and Montana Street from the corner to the
alley. Councilman Daley moved to refer the request to the Street & Alley Committee and
report back at the December 5th meeting. Seconded by Councilman Grainger. Motion
carried.
PROTEST NEW CITY HALL (cont'd)
Councilman Daley told the merchants that the drive for a new city hall was started in
1973. A study was done with revenue sharing. This study was discussed at various
' council and committee meetings. During Mayor Bjorneby's term the council decided on
the location with top priority being given to the fire department for main business
protection.
The plan was made at that time to obtain all the property in Block 65 east of the alley.
Mr. Daley continued by stating that he cannot agree that a new city hall will depreciate
any property. That it will be an asset and bring business to the downtown merchants.
Councilman Daley stated that Griffin Park was not acceptable because it is located too
close to the railroad.
Councilman Williams stated that the actual commitment for the new city hall site was
made in the fall of 1975 after a 5 to 3 vote of the council to purchase the block
building.
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Francis Bitney, owner of the KM, and chairman of the parking commission stated'ithat at
one time the commission considered the Henricksen lots, but they were not for sale
and also they would discriminate against certain businesses because of the location.
Two other lots, one on the east side and one on the west side were purchased with tax
money and revenue sharing funds. Since then the commission has not been very active.
Councilman Saverud stated that we should follow up on the idea of a parking Ilot where
the old fire hall and police station now stand, obtain the KM parking lot across the
street, close 3rd. Street and tie it neatly and directly into the newly paved First
Alley Mast.
Doug Rauthe asked the council to go on record that they will help in obtaining the KM
lots and close 3rd Street. Councilman agreed that they cannot take such a stand ,
without study.
City Attorney Donahue told the group that the parking commission has great power by
state law and they should become active and work on the parking problem.
Councilman Grainger moved that the problem be referred to the City Development Com—
mittee. Seconded by Councilman Williams. Motion carried.
BUILDING CODE BOUNDARY EXTENSION
Frank Guay, County Commissioner, presented a map prepared by the Commissioners with the
help of Mayor Happ. The boundary runs south from the City along Willow Glen Drive,
west along Cemetery Road, north on Valley View Drive, along Whalebone Drive, north on
West Spring Creek Road', east and north on Three Mile Drive, east and north on Four Mile
Drive, east on West Reserve Drive to the railroad tracks and south along the tracks
back to the City.
Commissioner Guay noted that there are real problems with the quality of building in
the County. Also, some buildings are constructed and not noted by the County and do not
get on the tax rolls. Commissioner Guay told the council of a proposal to consolidate
the entire county under a building code system supervised by a restructured Area —Wide
Planning Organization staff.
Councilman Daley moved to adopt the map as presented, as the new area for city building
inspection. Seconded.by Councilman Granmo.
Councilman Allen asked for time to study the map before adoption.
Councilman Williams moved to amend the motion to refer to the Annexation Committee and
the entire council for review and recommendatinn at the November 28th special meeting.'
Seconded by Councilman O'Boyle. Motion carried.
On recommendation of Bldg. Inspector Shoemaker, Councilman Williams moved to charge a
plan reading fee of 65% of the building fee. Seconded by Councilman Allen. Motion
carried.
COMMITTEE REPORTS
CITY DEVELOPMENT
Councilman Grainger had no report but stated his committee will take immediate action
on the parking problem referred to them.
SEWER & WATER
Councilman Granmo reported there will be a preconstruction meeting on the EDA Northwest
Storm Drain Project. The Council discussed commitment for excess money. Modifications
of .the contract might take some of the money. Laterals for the 7th Avenue West Storm
Drain Project will have a high priority. Councilman Granmo stated that the money will
be used for most effectiveness for storm drains.
�MWBWI
Councilman O'Boyle stated that he was unable to attend the last Flathead Safety Council
Meeting because of the City Council special meeting.
At the request of Fire Chief Peters, Councilman O`Boyle moved that permission be granted
to send Gene Doty and Doane Larson to a workshop in Helena on December 6, 7 and 8. The
workshop is for the purpose of filling out reports on the National Fire Reporting Systems.
All expenses will be paid by the State Fire Marshals Bureau, including per diem and
mileage. Seconded by Councilman Grainger. Motion carried.
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Councilman Daley reported 4" ice in the main Woodland Park Lagoon. Ice skating will be
opened before Thanksgiving.
Councilman Daley reported that the Bureau of Outdoor Recreation has changed their programs.
Even on a 5 year program, matching funds must be available before their funds are avail-
able. We must assure them we have $40,000.00 on hand at the start of the program. Supt.
Drent has written to ask for an exception to this change.
STREET & ALLEY
'Councilman Allen reported a request from Sorenson & Hanson, CPA, Plaza West, 126 let. Ave.
West to rent 6 parking spaces on the City parking lot, on a monthly basis. The committee
recommends the request be denied because they felt the City should not get into the
parking business.
Councilman Allen reported that the request for a sidewalk along the east side of Highway
#93 from California Street to Meridian Road has been studied by a State Division Traffic
Engineer. Total cost would be about $40,000.00. This highway is within the Kalispell
urban area, therefore any improvements on it must be initiated by the City and County
officials who act as the Policy Coordinating Committee for the area. A letter from the
Highway Department requested the Mayor of Kalispell and the Flathead County Commissioners
to consider this sidewalk project as a priority for the urban extension program. The
letter continued "Just when it will be fundable is questionable because of the financial
status of your urban extension funds. As of October 1, 1977 this fund was overdrawn by
$91,641.00. The annual allocation is approximately $48,424.00. There is one priority
project under design which is the storm drain system. It is expected to obligate
$240,000.00 of urban extension funds, which will obligate future allocations for 7 or
more years. If the storm drain project costs should run lower than expected then other
priorities can be considered such as this suggested sidewalk. Considering the location
of hospitals and schools along the corridor of Highway #93, the sidewalk certainly appears
meridorious. A Federal Aid Project will not be initiated until the City and County agree
on urban extension priorities. Your consideration of this suggested project.is requested."
ANNEXATION
Councilman Griffin announced that the public hearing on proposed new zoning ordinance will
be at 7:30 P. M., November 28, 1977 in the council chambers.
FINANCE
Councilman Williams moved that Mayor Happ be authorized to sign a preliminary agreement
with E. F. Hutton & Company, Member New York Stock Exchange, as to the feasibility of
refunding $346,000.00 sewer revenue bonds at a possible lower rate of interest. Seconded
by Councilman Daley. Motion carried.
MISCELLANEOUS
At the request of Police Judge Willis, Councilman Williams moved to approve leave for
Judge Willis to attend National Guard Training in Great Falls November 16 through 18,
and also approve his appointment of Mariann Wilson as interim City Judge during this
absence. Seconded by Councilman Granmo. Motion carried.
Mayor Happ read a letter from Jim Murphy thanking the Mayor and Council for his reappoint -
went to the Conrad Mansion Board. The letter also stated that the City of Paris, France
has gone to the Mayor system and he is recommending Mayor Happ as a candidate for the .
position.
Mayor Happ reported a.letter from Keith L. Allred, Supt. of Kalispell Public Schools
expressing on behalf of the Board of Trusteed and himself, the appreciation for the
City's contribution to the improvement project at Rawson Field. The letter stated in
part "Due to the City's friendly and meaningful contribution, public education in this
school district is -alive and well."
Lieense & Permit Bonds
Fred Geiger, dba
Riverside Electric
John d. Vincent dba
Vincent Plumbing
Electrical Contractor
Plumber
Continuation Certificate
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License & Permit Bonds (contd)
Norbert Charbonneau
Gas Installer
Continuation
Certificate
Norbert Charbonneau
Plumber
Continuation
Certificate
Byron Hamilton & Gary Hamilton, dba
C & H Refrigeration -& Heating
Gas Contractor
Continuation
Certificate
William P. Driscoll
Gas Fitter
Continuation
Certificate
William P. Driscoll
Plumber
Continuation
Certificate
Garrick L. Hansen, dba
'
Hansen Plumbing
Plumber
Continuation
Certificate
James E. Schaff dba
Ace Plumbing & Heating Gas Fitter Continuation Certificate
Herman J. Slama, dba
Slams Plumbing & Heating Co. Gas Installer Continuation Certificate
Herman J. Slams, dba
Slama Plumbing & Heating Excavator, Continuation Certificate
Councilman Daley moved that all license and permit bonds reviewed by City Attorney
Donahue be accepted. Seconded by Councilman Allen. Motion carried.
City Attorney Donahue stated that his review of the state statutes indicates we do need
to hire an architect for the new city shop.
City Attorney Donahue stated that he has taken exception to the statement in The Daily
Inter Lake.concerning the report on the meeting of the Citizens Against Pornography
which stated "City Attorney Donahue has been reluctant to pursue the case". On the
contrary, City Attorney Donahue stated he has been overjoyed to pursue the case. He
has won the local case against pornography in the City, but has not had one minute, of
help from CAP. It has been appealed to the Supreme Court of Montana, and he has had
no offer of help on the appeal. The case involves a district court decision allowing
the City to require theater license for each booth for coin -operated movies. City
Attorney Donahue is waiting for Treasure State Sales to file a brief on the case after
which the City will file its brief.
Councilman Daley moved that the council support City Attorney Donahue 100% in his fight
against pornography. Seconded by Councilman Allen. Motion carried.
City Clerk Beardslee reported on the school in Missoula which he and City Treasurer
Br+ich attended last week. The course consisted of accounting for small governmental
units and accrual accounting. The State is implementing the system in all cities.
Finance Director Nystul has implemented most of it into the City of Yalispell's account-
ing system.
WATER RATE STUDY
Mayor Happ announced omas Flynn has completed the water rate study. Mr. Flynn
tha
will meet with Mayor p and council members early next week to acquaint them with
the contents of the study.
Councilman Willi ad to adjourn. Seco d y Councilman O'Boyle. Motion carried.
Minutes apn d as resented December 5 977
Ni aar E. Happ, Maybri