09/19/83 City Council MinutesI
124.
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, SEPTEMBER
19, 1983 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. COUNCILMEN
NYSTUL AND VIDAL.ABSENT.' ALL OTHER COUNCILMEN PRESENT.
APPROVE MINUTES
Councilman Grainger moved that the minutes of the regular meeting of September 6, 1983
and the minutes of the special meeting of September 12, 1983, be approved as presented.
Seconded by Councilman Saverud. Motion carried.
CITY OFFICIAL REPORTS
Treasurer report for July 1983.
City Judge report for August 1983
Police Chief for August 1983
Building Official for August 1983
Councilman O'Boyle moved to accept the city official reports. Seconded by Councilman
Grainger. Motion carried.
OPEN BIDS - Golf Clubhouse Roof
State Cont.
FiYy Security License # Amount
Sandon Construction Co. 10% Bid Bond #3Z5-0A:'=,:- - $30,995.00
Lenz Construction Co. Bank Draft 40,151.00
Councilman Saverud moved to refer the bids to the Parks Committee and report back at the
next meeting. Seconded by Councilman O'Boyle. Motion carried.
PUBLIC. HEARING - SPECIAL MAINTENANCE ASSESSMENT
The purpose of the publid~hearing is to set a rate for a special maintenance assessment
for maintaining streets in 1983.
Mayor McDowell asked for proponents. No one responded.
Mayor McDowell asked for opponents. No:one responded.
Public Hearing declared closed.
ADDRESSING THE COUNCIL
Mr. Art Molter, representing the Lenz Construction Company,rasked if the basic bid for
the golf clubhouse roof specified the project be done according to the Davis -Bacon Act.
He stated that the specs did notgstate definitely.'that it was rquired, but their bid
was in accordance with the Act and perhaps the other bid was not. City Attorney Neier
explained that the State of Montana has a little Davis -Bacon Act which governs all con-
tracts. Mr. Molter expressed disappointment that there were only two bids.
COMMITTEE REPORTS
CITY DEVELOPMENT
Councilman Saverud reported that at the Public Hearing last Monday, September 12th, the
Council passed a resolution indicating the City would go on record as supporting the
issuance of Industrial Revenue Bonds to The Glacier Park Company. At the date of that
meeting we did not have the proper wording. City Attorney Neier has reviewed and modified
and presents another resolution:...
RESOLUTION #3497
Councilman Saverud moved to adopt Resolution #3497 a resolution relating to a project
and revenue bonds under Title 90, Chapter 5,;:,Part 1, Montana Code Annotated; Approving
and Authorizing The Glacier Park Company Project and Industrial Development Revenue Bonds
therefor.
Seconded by Councilman Palmer.
Section I states that the revenue bonds shall be issued in the maximum aggregate face
amount of $10,000.00. Section V states that the adoption of this resolution does not con-
stitute a guarantee or a firm commitment that the City will zs�ue the Bonds as requested
by the Borrower. The City retains the right in its sole.discretion to withdraw from
participation and accordingly, not issue the Bonds should the City at any time prior to
the issuance thereof determine that it is in the best interests of the City not to
issue the Bonds, or -should the parties to the transaction be unable to reach agreement
as the terms and conditions of any of the documents required for the transaction.
Question called. Councilmen Ruiz and O'Boyle voted nay. All others voted aye-.. Resolution
adopted.
SAFETY
Councilman Grainger had no report.
SEWER & WATER
Councilman Ruiz reported there will be a Sewer & Water Committee Meeting at 4:15 P.M.
Wednesday, September 21st.
125.
FINANCE
RESOLUTION #3498
Councilman O'Boyle moved to adopt Resolution #3498 a resolution levying and assessing
the costs of maintenance of the streets and avenues in Special Maintenance District
No. 1 for the year 1983 at the rate of $00.0024 per square foot. Seconded by Council-
man Zauner. Roll call vote. All voted aye.
EMPLOYMENT
Councilman Zauner had no report.
ANNEXATION
Councilman Palmer had no report.
STREET & ALLEY
Councilman O'Boyl6 had no report.
PARKS
No report.
MISCELLANEOUS
City Attorney Neier reported that on September 15th the City was served with a complaint
by Earl Cork, father of Rex Cork, who hung himself in the Flathead County Jail in March
1978. The City is named in the suit because he was incarcerated by the City Police.
The matter has been referred to the insurance company.
City Attorney Neier also reported that on September 7th all the attorneys involved in
the Wastewater Treatment Plant suits met in .fudge Salansky's court. The trail date
has not yet been set. EPA has indicated a willingness to assist the City of Kalispell
with the prosecution, but we do not know to what extent. Counsel and a technical
assistant with EPA are going through court records and will make a recommendation as
to how the City should proceed to obtain an expert in Purifax treatment. Attorneys
Larrick and Donahue, along with City Attorney Neier, plan to meet with EPA counsel.
They will meet with Judge Salansky on December 16th, who expects us to have some infor-
mation and set a trial date - probably next fall.
Cost of expert witnesses might total $40,000 and if we hire experts from Denver or
Washington, D.C. the cost may be in excess of $100,000.
Confirm Appointment of Clerk -Treasurer:
Councilman Zauner moved to confirm the appointment of Marjorie Giermann as Clerk -
Treasurer. Seconded by Councilman Ruiz. Councilmen Saverud and O'Boyle voted nay.
Councilmen Ruiz, Palmer, Zauner and Grainger voted aye. Motion carried.
LICENSE & PERMIT BONDS
Carol J. Maurer & Collen S.
Baumann, dba MB House Movers House Movers Bond
Councilman, Grainger moved to approve license and permit bonds reviewed by City Attorney
Neier. Seconded by Councilman Zauner. Motion carried.
Councilman Grainger moved to adjourn. Seconded by Councilman Palmer. Motion carried.
Meeting adjourned at 8:00 P.M.
Approved as presented October 3, 1983.
LeRo McDowe ,
ATTEST:
Marjorie ietmann, City Clerk -Treasurer