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02/03/75 City Council Minutes263 THE REGULAR MEETING OF THE KALISPELL CITY.COUNCIL WAS HELD FEBRUARY 3, 1975 IN_THE COUNCIL CHAMBERS OF CITY HALL AT 7:30 P. M. MAYOR BJORNEBY PRESIDED. COUNCILMEN SAMPSON AND HAARR WERE ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Miron moved approval of the minutes of the January 20, 1975 meeting as presented. Seconded by Councilman Schwartz. Carried. ADDRESSING THE COUNCIL Mayor Bjorneby made three calls. No one responded to address the council. GAMBLING LICENSE APPLICATION HEARING Kalispell Elks Building Association Inc. application for General Gaming License. The application was reviewed and found in order and it was accompanied by the proper fee. Councilman Miron moved approval of the license application and the issuance of the proper license. Seconded by Councilman Schwartz. Carried. EMERGENCY BUDGET HEARING No one appeared to support or oppose the emergency budget for the Mansion Museum Board Fund. Resolution No. 3000 Councilman Happ moved adoption of Resolution No. 3000 A Resolution to provide for an Emergency Budget of $2,500.00 for the Mansion Museum Board Fund. Seconded by Councilman Sliter. Roll Call Vote. All voted aye. COMMITTEE REPORTS Water & Sewer - Propose Sewer Connection Charge - ' Councilman Miron reported that Building Inspector Jackson has recommended the city make a sewer connection charge. $350.00 for a single family dwelling and multiple family dwellings be charged more. Councilman Miron reported the committee recommends that Mayor Bjorneby appoint a sewer rate committee as provided in the ordinance. Water & Sewer - Engineer Contract Phase I Storm Sewer Project - Councilman Miron reported the contract with Thomas, Dean & Hoskins for engineering for the project has been signed by Mayor Bjorneby. We will proceed with plans for bid letting. The Street & Alley and Water & Sewer committees met last week to work on an ordinance to prevent the dumping of storm water from roof drains into the sanitary sewer system. Public Hearing Report - Community Development Act Funds - A public hearing was held in the council chambers at 7:30 P.M. January 28, 1975, concerning application for Community Development Act Funds for the West Side Storm Sewer. A pre -application has been prepared by Stahly & Associates and signed by Mayor Bjorneby. Councilman Happ reported that City Attorney Donahue, Councilman Slater and she went to Helena to meet with Mr. Stably and representatives from the Community Development Office in Denver (HUD). They seemed to be well impressed with the presentation and the project and will notify us if we should go ahead with a formal application. Water & Sewer - Secondary Sewerage Treatment Plant - Councilman Miron informed Mayor Bjorneby and Councilmen the report on the final phase and acceptance of the project will be held for a future council meeting. SPECIAL ASSESSMENTS - July, 1975 - June 1976 Budget Year - RESOLUTION NO. 3001 Councilman Miron moved adoption of Resolution No. 3001 A Resolution Estimating the cost of Water Sprinkling the Streets and Avenues in Sprinkling District No. 1, 264 and levying an assessment for same for the year 1975 at $1.10 per front foot- $27.50 for 25 ft. lot. Seconded by Councilman Sliter. Roll Call Vote. All voted aye. RESOLUTION M. 3002 Councilman Happ moved adoption of Resolution No. 3002 A Resolution estimating the cost of Lighting the Streets and.Avenues In -the Lighting District at approximately $42,000.00 and levying an assessment for same for the year 1975 at $4.00 for each lot or parcel of land. Seconded by Councilman Miron. Roll Call Vote. All voted aye RESOLUTION NO. 3003 Councilman Happ moved adoption of Resolution No. 3003 A Resolution fixing the cost ' of Sidewalk and Curb Construction completed during 1974. Seconded by Councilman Miron. Roll Call Vote. All voted aye. RESOLUTION No. 3004 Councilman Sliter moved adoption of Resolution No. 3004 A Resolution Estimating the Cost of Parking Maintenance and Sprinkling the Streets and Avenues with oil in Oil Sprinkling District and levying an assessment for same for the year 1975 at $3.00 per 1,000 square feet. Seconded by Councilman Happ. Roll Call Vote. All voted aye. Action on the garbage assessment was deferred for additional study and consideration. Letter to Flathead Safety Council - re: Conrad Hill Councilman Happ asked that a letter be.written to the Flathead Safety Council inform- ing them Conrad Hill on Second Street East has been repaired and smoothed. Finance — Insurance Specifications - Councilman Sliter reported the finance committee received a copy of a letter directed to the Insurance Committee from City Clerk Beardslee, requesting them to review the Insurance specifications for the.city liability insurance. ' Finance - Revenue Sharing Audit - Councilman Sliter referred to the audit report which contained the following comments: C0'fl4rNTS ON FINANCIAL AUDIT 71ie City of Kalispell maintains a separate ledger of receipts and expenditures for revenue sharing funds. -The accounts are maintained on a modified cash basis. As of October 31, 1974, the City had investments in Certificates of, Deposit and U.S. Treasury Bills totalling $243,973.00. Total interest earned as of that date amounted to $17,089.78, all of which was credited ' to the Revenue Sharing Fund. Condition Generally, the necountr; and records were found to be in good cnnditian ..!A Lh. ry:;Lcm of titernnl controls wns satisfactory. The City did nut, ho:rrver, maintain tileo accounting records in such a manner as_ to readily - tin,.,ui.sh expenditures by priority cate.gorics. As a result,we were uaable to prepare financial statements directly from the books and accounting records without material reclassifications of expenditures. Therefore, the City of Kalispell is in violation of Section 51.40(d)(1) of the Re- y,ulations-which requires the recipient to maintain its fiscal accounts in a manner sufficient to permit preparation of the reports required by the Secretary. 265 Recormendation We recommend that: The recipient take the necessary appropriate action to provide distri- bution.of expenditures into priority categories in order to facilitate preparation of the reports required by the Office of Revenue Sharing. In addition, it is requested that this office be furnished with a copy of future State audit reports, beginning with the report for fiscal year 1974, covering all funds for the City of Kalispell. COMMENTS ON COMPLIANCE AUDIT Our audit was made in response to a citizen's complaint alleging that revenue sharing funds have been used in violation of Section 103 of the State and Local Fiscal Assistance Act of 1972. Specifically, it is alleged that the City of Kalispell has used revenue sharing funds on the restoration of certain private property known as the "Conrad Mansion Pro- ject". Condition Our audit disclosed that the City of Ialispell, Montana has expended $15,744.21 for restoration and improvements on the Conrad Mansion. These expenditures were made although there was no formal agreement between the owner of the Mansion and the City of Kalispell - other than a Letter of Intent dated November 16, 1973. The complainant filed suit against the City of Kalispell in October 1974, in the Circuit Court of Flathead County, Montana. The suit charges that revenue sharing funds were expended on the ' mansion in violation of local law. Since the local law issue is now be- fore the court for resolution, we have questioned the costs expended on the mansion pending settlement of the legality of the expenditures involved. Recommendation No recommendation is made at this time with regards to the funds expended on the Conrad Mansion. We withhold conclusion as to whether or not revenue sharing funds were used contrary to local law pending settlement of the local law issue now before the Circuit Court of Flathead County, Montana, (See Note 1 to Exhibit B) We would appreciate receiving a copy of of the decision as soon as a settlement has been reached. 1:f it is determined that local law has been violated, We will ask that the $15,744.21 expended for improvements on the,Conrad Mansion be reimbursed to the'Revenue Sharing Trust Fund. MISCELLANEOUS BUSINESS - STANDPIPE,- Beeswax in Water - Councilman Schwartz reported that residents of the northern part of the city whose k water supply is from the standpipe are finding problems because of the beeswax. This is occurring because the surface of the water freezes and as the water level lowers ' the ice scrapes the sides of the tank and scrapes off the beeswax which is there to protect the tank from rusting. We recommend the water department write to the maintenance people to'determine if there is another method of protection against rust which would be more satisfactory. Golf Course Bridge - Extend from 60 ft. to 70 ft. - City Attorney Donahue reported the Fish & Game Department (BOR) has required the proposed bridge to be extended another 10 ft. to a total length of 70 ft. Since our contract is for a 60 ft. bridge, a supplemental contract to provide for the construction of the extra length will be required. Councilman Miron moved that Mayor Bjorneby be given authority to sign the necessary supplemental contract, with the approval of the Park Committee. Seconded by Councilman Daley. Carried. 266 License & Permit Bonds - Bobby G. Brown Bobby G. Brown Anthony J. Migneault dba M & M Electric Herman J. Slams, dba Slama Plumbing & Heating Herman J. Slams, dba Slama Plumbing & Heating Joseph L. Howell Plumber Gas Contractor Electrical Contractor Gas Installer Plumber Electrician Continuation Certificate Continuation Certificate Continuation Certificate Continuation Certificate Councilman Miron moved the bonds and certificates found in order be approved. Second- ed by Councilman Daley. Carried. INSURANCE COMMITTEE - Appointments - Mayor Bjorneby appointed the following persons to the City Insurance Committee: Chet Ellingson, Chairman Jack Sauer Chuck Underwood Mayor Bjorneby asked council confirmation and approval on the appointments. Councilman Sliter moved the appointments by Mayor Bjorneby to the City Insurance Committee be approved. Seconded by Councilman Miron. Carried. No further business being presented, Mayor Bjorneby adjourned the meeting. Minutes approved as presented, February 17, 1975.