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10/20/80 City Council Minutes12 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, OCTOBER 20, 1980, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Grainger stated there should be a correction in the Minutes of October 6th. The bids for the garbage truck should read "referred to the Street & Alley Committee, rather than "referred to the Safety Committee". Councilman Grainger moved that the Minutes of October 6th be approved as corrected. Seconded by Councilman O'Boyle. Motion carried. CITY OFFICIALS REPORTS Fire Department for third quarter of 1980. City Treasurer for August, 1980. Police Chief, City Judge and Building Officials for September, 1980. Councilman Daley moved that City Official reports be accepted. Seconded by Councilman Saverud: Motiori>>=awed. ADDRESSING THE COUNCIL PROPOSED SIGN ORDINANCE Gordon Pirrie addressed the Council on behalf of the Sign Committee from the Chamber of Commerce. Mr. Pirrie asked that the Sign Ordinance remain the same with the ex- ception of the additions and corrections made by City Attorney Donahue and be referred to the Zoning Commission for review. Councilman Smith moved that the proposed sign ordinance, with corrections by City Attorney Donahue, be referred to the Zoning Commission for review and a copy also be sent to the Planning Staff of the CCPB to be put on agenda at a later date, with a recommendation to come back to the City Council. Seconded by Councilman Zauner. Motion carried. REQUEST TO ABANDON A PORTION OF ALLEY Mr. Bob Erickson, representing Nat Boyd, who is ill, addressed the Council with a request to abandon a portion of an alley located one-half block off North Main at First Avenue W.N. and West Washington behind the Forest Service Building. The pur- pose is to build an addition to the Forest Service Building. Mr. Boyd has obtained an area corner -wise from the building, which will add 46 parking spaces for the build- ' ing. Councilman O'Boyle asked about leaving room for the garbage truck to turn, and this was agreeable. Mayor Happ referred the request to the Street $ Alley Committee, which will meet at 3:30 P.M. on Thursday, October 23rd. ALTERNATIVES ENERGY RESOURCES ORGANIZATION (AFRO) Amy Lester, representing AFRO, addressed the Council concerning the purpose of the organization. She explained that AERO is a private, non-profit organization, working in 11 counties of Montana. Their purpose is to find what is spent on utilities, places where utilities can be cut, look at renewable sources, such as solar use, and try to better local economy through these savings. They work with local organizations, schools, and youth groups. They try to coordinate public transportation with cities and counties. Miss Lester asked support from the City Council in two manners. She asked for a member of the Council to be associated with the Advisory Board, which is made up of representa- tives from the County, utilities, business people and residential persons. Secondly, she asked for monetary support, or surplus office furniture. Flathead County has given her a room at Courthouse East, but she has no furnishings. She needs some cash for telephone, etc. Mayor Happ responded to the request by telling Miss Lester that the City is presently working on an energy saving program and she should contact Director of Public Works Hafferman to share information, funding, grants, etc. We are in the middle of our budget year and, of course, have not budgeted cash for her request. PUBLIC HEARING - S.I.D. #329 and #330. Mayor Hhpp opened with the statement that this public hearing is strictly to hear the first reading of two ordinances to adopt a formula for two parking S.I.D.'s, and does not concern setting a boundary for the district. The boundary will be set at the regular Council meeting of November 3rd. Larry Lee, Chairman of the Parking Commission, explained the formula for the S.I.D. assessments. The proposed formula is as follows: Proposed: 20% Land 20% Distance 50% Required Parking 10% Assessed Valuation Mr. Lee explained that at at all the public hearings, the general consensus of opinion was that those that need parking should pay, thus 50% of the assessment was based on required parking. Ed Trippet, businessman, stated that he had purchased his own parking lot of 70 spaces and he objected to paying for others to have parking. He asked if the City property was exempt from the assessment. Mr. Trippet was told that if the City donates the North 50' of Block 64 (City Hall), they will be exempt. If they do not donate, they will be charged. Discussion followed with Mr. Trippet, concerning his purchase of land from Mr. Ed Hines that was originally one of the proposed parking sites. Joan Young, representing Young's Body Shop, asked how the determination was made for requirement of parking. She was told that it came from the City Zoning Ordinance. Fred Fry, representing Kalispell Bar, stated that he was complimented by the number of parking spaces required, but did not think it to be a true picture. He stated that his business is best at night, but there is plenty of parking then. He felt there should be a distinction between day and night requirement for parking Larry Blanton, Pastime Bar, stated that he does not have a parking problem. He added that it is ridiculous to state that his requirement for parking is 57 and J. C. Penney Store requires 30. He stated that his bar and others are lucky to break even in the daytime. Bars are being assessed double. He stated that he lived in an older apart- ment above his business, arranges for his own parking and drives an old car. He stated he felt unable to pay the assessment assigned to his property. Mr. Fry stated that to sum things up, most of the businessmen in his block were in dis- agreement with the parking requirement, but he still supports the efforts of the Parking Commission. Doug Rauthe, businessman in the 400 block of First Avenue East, stated that when he signed the petition to form the S.I.D., he was informed that part of the money would be spent to purchase a parking lot across the street from his business. Now it has been purchased by someone else. He stated that he was withdrawing his name from the petition and protesting the S.I.D. because he did not feel like paying for a parking lot or lots several blocks from his business. He stated that he felt the east side of his block would withdraw 100%. Jack Hensley, Valley Bank, stated that he would like the ordinance changed to read "any lot or parcel or portion thereof", rather than "any lot or parcel". Some buildings run north and south and this would cover them. The owner of The Hideout protested his parking requirement. Again, this is a night business with plenty of street parking available. Jerry O'Neil, businessman, asked the Parking Commission to find some way to base demand on "night or day business" and "distance from lot". Ruth Gardner, Kalispell Hotel, stated that she would like to have been consulted about needing 60 parking spaces. She stated that she is always full (most of her rooms are apartments), her tenants find their own parking space and she has not heard of any problems. Donna Moore, Devonshire Motel, provides her own parking and objected to paying for park- ing lots for other businesses. No one would park two blocks away from a motel. Colin Wills, new member of the Parking Commission, stated that he would like to see the S.I.D. supported, but did not like expense placed on any business which would be a burden. Gordon Pirrie, Western Outdoors, would like to see the S.I.D. go whether the formula is equitable or not. He would hope people would not be so negative. Mayor Happ commended the Parking Commission for their long, hard hours of work. She said she remembers Doug Rauthe and Larry Lee marching into her office with their problems. They have had many meetings since that day. Larry Lee said they had gone slow on this project because an S.I.D. is cut and dried once it is formed. If property changes hands or a business changes, the S.I.D.charges remain the same. 126 Ed Trippet asked, "How do we get out of it?" City Attorney Donahue replied that if 50% of the area is: protested it falls, Ed Gallagher, Director of Kalispell Redevelopment, supported the Parking Commission in their endeavor. He stated that at many of the meetings, there was a very good attendance. Cletus Dailey, professional planner, helped with the formula. Other cities with similar projects were used for comparison. J. Austin Miller, C.P.A., looked at and assisted with the formula. There was no secret on the boundary. It was discussed at every meeting. Councilman Saverud stated that our concern is coming up with an equitable formula. He felt there is not as much inequity in distance as parking demands. ORDINANCE #965 Councilman Saverud moved the first reading of Ordinance #965, an ordinance to adopt a formula to be used in determining the assessment of lots within Special Improvement District #329. Seconded by Councilman Smith. Councilman Ruiz stated that he wanted it to be understood that he will never donate the area north and adjacent to City Hall to the Parking Commission. The title should always be in the City of Kalispell; otherwise, we can never expand. Mr. Lee replied that if the City does not donate the land, they will be included in the S.I.D. assessment. The parking garage could be built with office space available. Councilman Ruiz stated that he supported the KDC and had no real conflict with this area, Ward 1, however, leis not convinced we have a parking problem. Question called. Roll call vote. Councilman Ruiz voted nay. All other councilmen voted aye. First reading of Ordinance #965 passed. ORDINANCE #966 Councilman Saverud moved first reading of Ordinance #966, an ordinance to adopt a formula to be used in determining the assessment of lots within Special Improvement District #330. Seconded by Councilman Zauner. Roll call vote. Councilmen Ruiz and Grainger voted nay. All other councilmenvoted aye. First reading of Ordinance #966 passed. Second reading of both ordinances will be November''3, 1980. COMMITTEE REPORTS FINANCE Councilman Ruiz had no report. ANNEXATION Councilman Smith had no report. EMPLOYMENT Councilman Zauner had no report. PARKS 1 Councilman Daley stated that he has received the summer activities from Park Superintendent Drent as follows:' In 1979 Woodland Park had 8,945 persons involved in activities, com- pared to 13,065 for 1980. In 1979 a total of 11,558 persons made use of the swimming pool, with 395 taking lessons while 1980 shows 12,240 swimmers and 915 taking advantage of the lesson program. Councilman Daley reported that the grant application to the Bureau of Recreation for funds to help with purchase and improvement of the Conrad Park Land has been signed by Mayor Happ and forwarded to Helena. Councilman Daley commended those who helped with the preparation of the grant application. , STREET $ ALLEY Councilman O'Boyle moved that the Council accept the recommendation of Public Works Director Hafferman to award the alternate bid in the amount of $':g2;451 for a,garbag_e truck to Manions. Seconded by Councilman Daley. Motion carried. The Street $ Alley, Safety, and Finance Committees will hold a joint meeting starting at 3:30 P.M. Thursday, Octover 23rd. One item for discussion is a request for a stop sign at Sherry Lane $ Hilltop Drive. Councilman O'Boyle asked the Council to look at the area before the committee meeting. CITY DEVELOPMENT OPEN BIDS - HUD Audit -Proposals 1 1 Gary W. Nystu[ CERTIFIED PUBLIC ACCOUNTANT P. O. BOX 366 KALISPELL, MONTANA 59901 406-257J997 October 20, 1980 City of Kalispell City Development Committee City Clerk Kalispell, MT 59901 C( tlemen: This audit engagement proposal is submitted in response to your advertised call for audit proposals. I will conduct an audit of the City of Kalispell Community Development Block Grant funded by the U.S. Department of Housing and Urban Development for the program period from November 15, 1978 to November 30, 1980. The audit will be conducted in accordance with HUD Handbook IG 6505.2 entitled "Audit Guide and Standards for Community Development Block Grant Recipients, May 1976". The audit will be performed in accordance with the auditing standards adopted by the American Institute of Certified Public Accountants and those of the Comp- troller General of the United States through the General Accounting Office. The following additional information is provided. I am a certified public accountant licensed under the laws of the State of e;ontana. I have not had any relationship deemed as creating a conflict of interest with the grantee during the period covered by the audit. The workpapers will be retained for a period of three years after issuance of the audit report for any review by HUD or the General Accounting Office. The audit report will be completed by March 1, 1981. This engagement is subject to the inherent risk that material errors, ir- regularities, or illegal acts, including fraud or defalcations, if they exist, will not be detected. However, I will immediately contact the appropriate HUD Area Director and simultaneously the congnizant Regional Inspector General for Audit, if any are discovered. For the above wo.rk, my fee will be $1,800.00. I am pleased to have this opportunity to submit this proposal. If this proposal meets with your approval, you may sign one copy and return it to me. Yours truly, Accepted by Date 128 SUBMISSION OF BID Larry L. Rasmussen CPA and Ronald B. Mahugh CPA hereby submit a bid to do an audit of the books and records of the Community Devel- opment Department of the City of Kalispell for the two year period starting November 1, 1978 through October 31, 1980 in accordance with HUD audit guidelines as specified in HUD Publication I G 6505.2 including changes #1 dated 5/12/77 and #2 dated 7/77. The amount to be charged for this audit will be twenty five dollars per hour for professional services and twelve dollars per hour for clerical assistance. The total amount to be paid for this audit will not exceed $4500. Additional work beyond the scope of the audit, if any, will be for the hourly rates above, with approval in writing, before work is commenced.. Larry. Rasmussen CPA Ronald B. Mahrgh CPA 1 1 HENRY O: JOROAHL EVERIT A. SLITER LARY P. JOHNSON LARRY R. SIMPSON CALVIN R. NEWELL DAN L. ULVILA WILLIAM A. BRAUNBERGER JORDAHL & SLITER '�xl+�rrl.�illc .��nr�aG aLt SUNSET PLAZA P. O. BOX 817 KALISPELL, MONTANA 39901 237-4354 October 16, 1980 Mr. Ed Gallagher City of Kalispell Community Development Whipps Building, Suite 9 12 Third Street East Kalispell, Montana 59901 Dear Sir: MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS In accordance with your request for a proposal to perform an audit of the City of Kalispell Community Development Department, we submit the following .aformation: We are "Independent Public Accountants" as defined in Chapter 2, Section 6 of the Department of Housing and Urban Development "Audit Guide and Standards for Community Development Block Grant Recipients", and certified public account- ants by a regulatory authority of the State of Montana. 1. We will comply with the guidelines and standards in the Department of Housing and Urban Development "Audit Guide and Standards for Community Development Block Grant Recipients", dated May 1976. The audit work will be performed in accordance with the auditing standards adopted by the American Institute of Certified Public Accountants and those additional standards set forth by the Comptroller General of the United States, through the General Accounting Office (GAO), in the publication entitled "Standards for Audit of Governmental Organizations, Programs, Activities and Functions". 2. Classification of Accountants: a. Manager; $33.00 per hour. b. Partner; $45.00 per hour. 3. We estimate that 8-1/2 man -days will be required to perform the audit. 4. We estimate the out-of-pocket costs to be nil. 5. The estimated maximum fee based on conditions present at the time of the job survey, and out-of-pocket costs to be charged for the audit will not exceed $1,950.00. This assumes that the audit field work can begin within 30 days after November 15, 1980. 111130 JppORDAHL &SLITER . �.-l�aK`r� Jl �i�ic .SKcenunlaeef.4 Mr. Ed Gallagher Page 2 6. The two year period ends approximately November 15, 1980. We estimate that the audit will begin on or about December 1, 1980 assuming all supporting schedules and books have been prepared and closed. Our report will be delivered within 90 days from the beginning of our audit work. If during the course of our examination it becomes apparent that we will not meet the deadline, you will be promptly notified. 7. We agree that all the working papers prepared in connection with this audit shall be retained for a period of three years after issuance of the audit report and that these working papers will be made available for review, if requested, by duly authorized repre- resentatives of HUD and/or GAO. 8. If we discover evidence of possible fraud, defalcations or other similar :i.rregularities, we shall promptly notify the appropriate HUD area director and simultaneously the cognizant RIGA. 9. We agree that all written communications by us to you regarding material weaknesses in internal accounting control will be included in the report furnished to HUD under "Comments on Compliance and Internal Control". 10. By acceptance of this proposal, you are authorizing us to comply with Sections 7, 8 and 9 of this letter. Respectfully submitted, If the terms of this engagement, as set forth in this letter are acceptable to you, you may so indicate by signing in the appropriate place designated below. Accepted: Name and Title Date Councilman Saverud moved the bids be referred to the City Development Committee with power to act. Seconded by Councilman O'Boyle. Motion carried. SEWER $ WATER Councilman Granmo had no report. SAFETY Councilman Grainger had no report. MISCELLANEOUS There will be a planning meeting on South Main Street reconstruction at the Highway Office at 9:00 A.M. on October 23rd. There will be prereconstruction meeting on the sewer cleaning project at 8:30 A.M. on October 21st, Tuesday, in the Cbnference Room. There will be a candidate's meeting at 7:00 P.M. Tuesday, October 21st with City offi- cials to discuss proposed legislation from the League of Cities $ Towns. Councilman Smith reported the Flathead Regional Development.Office will have a meeting on October 28th to review subdivision regulations with the City County Planning Board here in the Council Chambers. Councilman Smith urged the Council members, City Attorney Donahue and Director of Public Works Hafferman to attend so that she does not have to hold an Annexation meeting and repeat the entire procedure. Meeting will be at 7:30 P.M. Councilman Grainger moved to adjourn. Seconded by Councilman Granmo. Motion carried. Minutes approved as presented November,3, 1980 Norma E. Happ, NWy6r arjorie Giermann, City Clerk