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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. 256 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. 2 57 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 �158 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