Loading...
HomeMy WebLinkAboutCity Council Minutes 09.05.1995Minutes of the City Council of Laurel September 5~ 1995 A regular meeting of the City Council held in the Council Chambers and called to p.m., on September 5, 1995. of the City of Laurel, Montana, was order by Mayor Chuck Rodgers at 7:07 COUNCIL MEMBERS PRESENT: Gay Easton Bob Graham Lonnie Kellogg John Minch Ro~ Marshall Donna Kilpatrick Albert Ehrlick Chuck Dickerson COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Dickerson to approve the minutes of August 15, 1995 as presented, seconded by Alderman 8--0. of the regular Minch. Motion meeting carried The minutes from August 1, 1995 council meeting were brought off the table. Motion by Alderman Dickerson to approve the minutes of the regular of August 1, 1995, as presented on August 15th, seconded by Alderman Motion carried 8--0. meetin~ Ehrlick. CORRESPONDENCE: Received a Risk Management Bulletin from MMIA regarding drug & alcohol testing assistance. Jim Flisrand stated that it is a requirement of the Federal Government for all government agencies that have employees with commercial drivers licenses (CDL's) to be tested for drugs and alcohol. Agencies having more than 50 eligible employees must comply as of January 1~ 1995 and ali. other government agencies having eligible employees with CDL~s must comply as of January 1~ 1998. The bulletin indicates that the city has an option to go with a state wide program~ AdMed Ltd., which provides drug and alcohol testing services~ or can choose to do it on its own. Requirements of each program that is submitted are that 50% of the CDL employees be randomly tested for drugs each year and 25% for alcohol. Jim stated the city is looking at the cost of the city providing the testing on its own compared to the contracted fees with AdMed. Jim noted that it will be mandatory for the city by January 1~ 1996. He will keep the council informed. Received a letter from John Alden Life Underwriting Department telling the city that coverage cannot be extended to us due to our group's health history. Received a letter from Mick DiFronzo, regarding an insurance consultant. Received a copy of a letter to Joseph Mazurek, Attorney General, from Joe Leckie, City Attorney. Received a copy of a letter to John Smith from Bill Thorndal, Laurel Chamber of Commerce President, regarding the carnival on July 4th. Received a public notice regarding Cenex Refinery's Hazardous Waste Permit. Received a memo from MMIA regardinK the Workers' Compensation Program Claim Audit. Received a memo from the Montana League of Cities and Towns regardin~ the ].995 annual conference. Received a letter from the Montana Department of Transportation regarding upcomin~ transportation improvements. Received the 1994-1995 annual report from the Yellowstone City-County Health Department. CLAIMS: Claims for the month of August were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman $298,188.25 for the month carried 8--0. Kilpatrick to approve all claims in the amount of of August, seconded by Alderman Ehrlick. Motion Minutes of the City Council of Laurel Page 2 Council Meeting of September 5, 1995 ANNUAL REVIEW OF COAST-TO-COAST ENCROACHMENT PERMIT: Dean Rankin was not present. Vicki Metzger, City Treasurer~ stated the only request the city has is for proof of insurance and that the city is named on this insurance. She mentioned that Dean has paid his annual fee. She noted that the police department has received no complaints. REINSTATING UNITED OF OMAHA CONTRACT: RESOLUTION NO. R95-43 REINSTATING UNITED OF OMAHA GONTRAGT FOR A GROUP COMPREHENSIVE MAJOR MEDICAL PROGRAM Motion by Alderman Marshall that Resolution No. R95-43 be passed and adopted~ seconded by Alderman Dickerson. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of August 15, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick minutes of August 15, 1995, into the Motion carried 8--0. to enter record, the Budget/Finance Committee seconded by Alderman Easton. Alderman Marshall asked what action the council will take to increase the security deposit charged to new customers to $75.00? Dave Michael replied that the increased customers will be written into the rules rates are increased. amount in the security deposit for new and regulations at the time the water' --Cit~ Council Committee of the Whole minutes of August 15, 1995 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of August 15, 1995, into the record, seconded by Alderman Marshall. Motion carried 8--0. --Garbage Committee minutes of August 30, 1995 were presented and reviewed. Motion by Alderman Easton to enter the Garbage Committee minutes of August. 30~ 1995, into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --Laurel Airport Authority minutes of July 25, 1995 were presented. Motion by Alderman Marshall to enter the Laurel Airport Authority minutes of July 25, 1995, into the record, seconded by Alderman Minch. Motion carried 8--0. Mayor Rodgers stated that, at this time, he has not made an appointment to the Airport Authority Board. --Laurel Local Governmental Review Commission minutes of August 9, 1995 were presented. These minutes are for informational purposes only. Motion by Alderman Marshall Commission minutes of August 9, Dickerson. Motion carried 8--0. to enter the Laurel Local Governmental Review 1995, into the record, seconded by Alderman --License Committee minutes of August 22, 1995 were presented and reviewed. Motion by Alderman Easton to enter the License Committee minutes of August 1995~ into the record~ seconded by Alderman Kellogg. Vicki Metzger stated that Ray from license, is bonded and has agreed to Flisrand, City Engineer. Ray's Concrete has purchased his business follow the provisions as layed out by Jim Vicki stated that Coast-to-Coast has paid his business licenses for the year. The committee will review Coast-to-Coast's licenses for next year. The committee recommended that Mike Atkinson, Joe Leckie, and Cal Cumin look further into the matter' of Richard Barnhardt's horse training business. Cal Minutes of the City Council of Laurel Page 3 Council Meeting of September 5, 1995 the city ordinance. It was suggested, that the police department check to see if Richard still has horses or is continuing to operate a business. Vote on the motion was taken. Motion carried 8--0. APPOINTMENTS: The Hayer hired Helen Wrzesinski as an ambulance attendant. Motion by Alderman Marshall to confirm the Mayor's hiring of Helen Wrzesinski as an ambulance attendant, seconded by Alderman Dickerson. Motion carried 8--0. MAYOR'S COMMENTS: Mayor Rodgers thanked the Laurel Garden Club for taking care of the trees and planting flowers in Firemen's Park. The club has made the park look very nice. Flowers at Thomson Park were planted by Mrs. Maria Herman who is a member of the Laurel Garden Club. Alderwoman Kilpatrick suggested a letter be written to the Garden Club 'thanking them for all their work, Mayor Rodgers thanked the Laurel Volunteer Fire Department for trimming trees next door. It is very much appreciated. COMMENTS FROM THE AUDIENCE: Lia Keller, 707 Locust Avenue, was present made regarding the damage done to her home backup. to find out if any decision had been and Kristine Kerr's home by the sewer Jim Flisrand commented that he has communicated with the insurance company and they still stick to their decision that they originally indicated to iher. He is expecting to receive from the insurance company~ a program that cities are adopting to allow financial relief from situations like this. This would have to be passed by the council but it does not cover all the costs It is a program most cities are adopting and is a positive step in this matter Lis pointed out that when Jim refers to the insurance company he is referring to Alexis. She has understood that the city is self-insured and Alexis is hired by the city to look at claims and decide if there is negligence or not. She is asking, therefore, does the council have the right to override Alexis's opinion, since the city is self-insured? Don Hackmann, City Clerk, clarified that the city is self-insured in a pool of other cities in Montana. Montana Municipal Insurance Authority is the insurance company. They went out and hired Alexis Risk Management to process the claims. Lis Keller stated that at the Public Utilities Committee it was decided that the city agreed to open the case. She is wondering if there was an option to get a second opinion or do they have to go with Alexis's decision. Jim has been communicating with Alexis to determine what options there are and how this is handled in other areas of the state. He has asked if they fee]. their decision is firm towards this matter. The council had agreed to pursue this and he still hopes to visit with Joe Leckie, City Attorney. All he has received from Alexis is what they have already written and submitted to the city. Jim stated that the legal question is, does the city want to override Alexis's opinion on the claim. Another option is whether the city wishes to adopt a program to allow financial relief. It would not come close to paying all the costs in the damages but would help. The program would have to be submitted to the council for approval. Joe Leckie replied that the council has a contract with Montana Municipal Insurance Association and is bound by their decision. If the city goes against the decision, it could result in possibly voiding any kind of insurance coverage. At this 'time, she has received a rejection from Alexis, who is the representative for the cities insurance company. The city has agreed to communicate with Alexis and MMIA and see if maybe they can change the decision. Jim has done this and it appears there is no change coming from Alexis. The city doesn't have the ability to go 'to Alexis and request them to pay the claim. Lia agreed this leaves her in a bad situation and hoped this could be handled fair and square. She stated that if she would have flushed an object down the sewer line that caused the backup~ then she would be responsible. However, when it was the city's lift station approximately five blocks away causing sewage and Minutes of the City Council of Laurel Page 4 Council Meeting of September 5, 1995 responsibility Lia noted this is why there is insurance. She compared this to if she hit someone with her car and her insurance company replied she is just a bad driver and wouldn't pay the claim. Joe Leckie noted that even though she has insurance, she cannot go out and say~ "Don't worry, my insurance company will get you a check". The insurance company decides if it will pay the claim. Lia replied that if it is her fault and she has insurance there is a good guarantee. Mayor Rodgers asked Jim to put together information and research that he has for the Public Utilities Committee. The next committee meeting will be Monday, September llth at 5:30 p.m. Alderman Minch asked if the insurance company is aware that it was the pump that failed in the lift station. Jim replied that MMIA received a complete report from Alexis on exactly what happened and both are aware of what actually malfunctioned. Lia pointed out she has a letter from Alexis and it clearly states a backup in your residence was caused by a mechanical failure with one of the pumps at the lift station located down stream front your home. A relay malfunction of the backup pump of this lift station rendered this pump inoperable. There being no further business to come before the Council at this time, meeting was adjourned at 7:40 p.m. Donald L. Hackmann, City Clerk the Approved by the Mayor and passed by the City Council of the City of Laurel~ Montana, this 19th day of September, 1995. Donald L. Hackmann, City Clerk Charles Rodgers, May6r ~)