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HomeMy WebLinkAboutCity Council Minutes 12.15.1992Minutes of the City Council of Laurel December 15, 1992 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Charles Rodgers at 7:02 p.m., on December 15, 1992. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Gay Easton Lonnie Kellogg Bob Graham Ron Marshall Donna Kilpatrick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion ~y_ Alderman Collins to approve the minutes of the regular meeting of December 1, 1992, as presented, seconded by Alderman Orr. Motion carried 8--0. CORRESPONDENCE: Received a memo from the Montana Department of Transportation regarding the Community Transportation Enhancement Program (CTEP). Received a letter from Cal Cumin, Planning Director, regarding the Intermodal Surface Transportation Act (ISTEA), providing community transportation system enhancement funds. Received the November minutes and activity report from the Yellowstone County Air Pollution Control Board. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of November were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of November, 1992, be approved, seconded by Alderman Orr. Motion carried 8--0. RELEASE & SETTLEMENT AGREEMENT - VOLK CONSTRUCTION: RESOLUTION NO. 2625 RESOLUTION APPROVING RELEASE AND SETTLEMENT AGREEMENT WITH VOLK CONSTRUCTION COMPANY, INC. Motion by Alderman Orr that Resolution No. 2625 be passed and adopted, seconded by Alderman Kellogg. Andy Forsythe, a lawyer with Moulton Bellingham Law Firm, was hired seven years ago to defend the City of Laurel in claims asserted by Volk Construction against the city. The claim arose out of the construction of the wastewater treatment plant which was a sizable public works project that was undertaken by the City of Laurel, pursuant to a grant from EPA. Under the terms of the grant, EPA provided 75% of the expected construction costs up to a maximum, as set forth in the grant. Toward the end of construction, the contractor asserted that he was having to do more work than what was actually specified by the contract and he demanded extra payment through the normal claim procedure. At the time, 1984-86, the engineers on the job who represented the city did not feel that extra payment was due. This resulted in the filing of a claim by the contractor in the amount of $ 750,000.00. The claim was on a total contract of approximately $ 3,600,000.00. The matter was in arbitration, negotiation and finally in litigation which resulted in a lawsuit being filed by Volk Construction against the City of Laurel in district court about two and one-half years ago. Andy's firm is coming before the council tonight proposing settlement of all outstanding contract claims and court claims in the amount of $ 150,000.00. As Laurel's attorney, Andy has dealt primarily with Bob Gauthier, Jim Worthington and Chn~k Minutes of the City Council of Laurel Page 2 Council Meeting of December 15, 1992 In explanation of his recommendation, Andy said the claims are in a significant amount but the alternative is a jury trial against the City of Laurel for money owed on the contract. Andy's best prediction is that Volk would be awarded money at such a trial, perhaps in the amount of $ 100,000.00. Andy reported that when EPA looked at these claims from the contractor, they felt they were worth a little less than $ 100,000.00. If we were to go to trial, the city risks a judgement at a much higher amount. Andy said one reason he was reluctant to go to trial is that Volk Construction went out of business after this job, claiming that this job broke them. This scenario would make a jury trial more risky. In conclusion his firm feels a judgement in favor of Volk Construction is likely in an amount he hopes would be a little less than the settlement amount if we did alright at trial. It would involve, however, significant further defense costs and attorney fees, time from key personnel, and the hardship of rounding up key witnesses from an event that occurred in 1983-84. Andy said there was one more concern that he failed to mention earlier. The EPA is agreeing to fund a portion of this settlement because they think some of the claims have enough merit to do so. If we go to trial, there is no guarantee that they would fund any of a potential trial result. The argument is that right now we know we have approximately half the the funds but with a trial, there is no guarantee. In conclusion, Andy said they are looking for the cheapest bottom line result for Laurel and they feel it is the settlement. Bob Gauthier said there have been numerous meetings on this to try and resolve it as best we can. Bob reviewed the finances saying he feels Volk is entitled to approximately $ 100,000.00, which the city has been holding for seven years. We currently have $ 130,000.00 in a sewer plant construction cash account and we can expect $ 40,000.00 from EPA for a total of $ 170,000.00. Out of this total, we would pay the settlement of $ 150,000.00 to Volk Construction and the remaining money would be used to clear up attorney fees. Bob said that if the city had gone to arbitration, he feels we would be paying about half of the claim amount which is $ 325,000.00. With a trial we would lose $ 100,000.00 but we would have the added expense of attorney fees and such things that Andy spoke of earlier. Bob said the reason he has let this go so long is that he was waiting for EPA to go in and "squash" this thing since it is not justified, but they would never do it. Their attitude is that this is our fight and they will decide later what is required of them. As it stands, we are getting something from EPA and Bob feels this is the best the city can do. He recommends that we go ahead and settle this issue. At this time a vote was taken on the motion. Motion carried 8--0. AGREEMENT - MONY FINANCIAL SERVICES: RESOLUTION NO. 2626 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MONY FINANCIAL SERVICES RELATING TO AN IRS 125 PLAN Motion by Alderman Orr that Resolution No. 2626 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. TOBACCO ORDINANCES: ORDINANCE NO. 1050 (first reading} ADDING SECTION 9.22.010 TO THE LAUREL MUNICIPAL CODE, DEFINITIONS Minutes of the City Council of Laurel Page 3 Council Meeting of December 15, 1992 Motion by Alderman Marshall that Ordinance No. 1050 (first reading) be passed and adopted, seconded by Alderman Kellogg. A roll call vote was taken and all aldermen voted~ "YES". Motion carried 8--0. ORDINANCE NO. 1051 (first reading) ADDING SECTION 9.22.020 TO THE LAUREL MUNICIPAL CODE~ RESTRICTING TOBACCO PRODUCTS FROM MINORS Motion by Alderman Marshall that Ordinance No. 1051 (first reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1052 (first reading) ADDING SECTION 9.22.030 TO THE LAUREL MUNICIPAL CODE, REQUIRING IDENTIFICATION OF MINORS AND POSTING OF NOTICES, AND PROHIBITING MISREPRESENTATION BY MINORS OF AGE OR IDENTITY Motion by Alderman Kellogg that Ordinance No. 1052 (first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1053 (first reading) ADDING SECTION 9.22.040 OF THE LAUREL MUNICIPAL CODE, RESTRICTING PLACEMENT OF TOBACCO VENDING MACHINES, AND PROHIBITING TOBACCO PRODUCT SAMPLING IN PUBLIC PLACES Motion by Alderman Collins that Ordinance No. 1063 (first reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1054 (first reading) ADDING SECTION 9.22.050 TO THE LAUREL MUNICIPAL CODE, PROVIDING FOR CRIMINAL LIABILITY OF OWNERS AND EMPLOYEES Motion by Alderman Kello~ that Ordinance No. 1054 (first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCES REGARDING PAWNBROKERS: ORDINANCE NO. 1055 (first reading) AMENDING SECTION 5.28.010 OF THE LAUREL MUNICIPAL CODE, DEFINITIONS Motion by Alderman Orr that Ordinance No. 1055 (first reading) be passed and adopted, seconded by Alderman Marshall. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1056 (first reading) AMENDING SECTION 5.28.040 OF THE LAUREL MUNICIPAL CODE, PAWNBROKER REGISTER Motion by Alderman Collins that Ordinance No. 1056 (first reading) be passed and adopted, seconded by Alderman Marshall. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1057 (first reading) ADDING SECTION 6.28.050 TO THE LAUREL MUNICIPAL CODE, REGULATING PAWNBROKERS DAILY REPORT TO THE CITY Motion bv Aldermmn Mmrmhmll khm~ ~rH4nmnm~ M~ ln~7 IF4~e~ Page 4 Council Minutes of the City Council of Laurel Meeting of December 15, 1992 ORDINANCE NO. 1058 (first reading) ADDING SECTION 5.28.060 TO THE LAUREL MUNICIPAL CODE, PURCHASER TO IDENTIFY SELLER Motion by Alderman Marshall that Ordinance No. 1058 (first reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken. Motion carried 7--1 with Alderman Kellogg voting, "NO". ORDINANCE NO. 1059 (first reading) ADDING SECTION 5.28.070 TO THE LAUREL MUNICIPAL CODE, HOLDING PERIOD Motion by Alderwoman Kilpatrick that Ordinance no. 1059 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1060 (first reading) ADDING SECTION 5;28.080 TO THE LAUREL MUNICIPAL CODE, ORDER TO HOLD PROPERTY Motion by Alderman Collins that Ordinance No. 1060 (first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1061 (first reading) ADDING SECTION 5.28.090 TO THE LAUREL MUNICIPAL CODE, PERSONS FROM WHOM ARTICLES SHALL NOT BE TAKEN Motion by Alderman Marshall that Ordinance No. 1061 (first reading) be passed and adopted, seconded by Alderwoman Kilpatrick0 A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ORDINANCE NO. 1062 (first reading) ADDING SECTION 5.28.100 TO THE LAUREL MUNICIPAL CODE, PROHIBITING PAWNBROKERS FROM PURCHASING ANY ARTICLE FROM A MINOR WITHOUT WRITTEN CONSENT OF THE PARENT OR GUARDIAN Motion by Alderman Collins that Ordinance No. 1062 (first reading) be passed and adopted, seconded by Alderwoman Kilpatrick, A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ISTEA COORDINATION: Cal Cumin, ISTEA Coordinator, stated that in 1991 the Federal government signed into law the Intermodal Surface Transportation Act which provides for a community transportation enhancement program. There is a lot of money available to the communities and counties. The money is distributed for enhancement of highway system assets or related things. Cal distributed a sheet to the council of eligible projects under the umbrella of this transportation project. The funds are administered by the State of Montana Highway Department and are based on a per capita basis for every community with a population over 1,000. The smaller communities fall under county jurisdiction. In Laurel, the per capita distribution for fiscal year 1993 is $ 5.88 per head. Cal said that in the next two years this will amount to $ 65,014.00. To access this money, the city has to have matching funds in the amount of 13.42% which amounts $ 8,725.00. The city can hold this money for three years, along with our match in order to contribute it towards a larger project. If the funds are not used within the specified time, the funds are returned to the state. Minutes of the City Council of Laurel Page 5 Council Meeting of December 15, 1992 Cal said that in a recent newsletter, the department suggested that communities use the funds in coordinating activities. They stress community involvement and there is a lengthy process to go through. Jim Worthington said two allotments have been obtained and we now have $ 66,014.00 in our account in Helena to use. Call said all plans have to be approved by the Highway Department and cities have to comply with all federal regulations. Cal said that because of meeting these regulations, you can expect a $ 25,000.00 project to cost $ 65,000.00. In response to a question, Jim stated that the projected funds over a six year period will be $ 198,000.00. Joe Bradley said the the resolution presented tonight would appoint the City-County Planning Board as the body that would hold the hearings and make recommendations. The City Council would still be the body that makes the final decisions but you need another body to do the preliminary ground work. Cal clarified that the projects must fall under the guidelines defined in the leaflet that he passed out. He said there may be competing projects but one suggestion was for a bike path on West 9th Street. Don Hackmann stated that at the league meeting in October, they stressed community participation through public hearings and involvement of organizations. It carries a lot of weight. Joe said he would imagine that the city would solicit proposals from different community groups, letting them make presentations and then have the Planning Board hold public hearings on the proposals. RESOLUTION NO. 2627 APPOINTING LAUREL CITY-COUNTY PLANNING BOARD TO ACT AS OFFICIAL BODY PURSUANT TO COMMUNITY TRANSPORTATION ENHANCEMENT PROGRAM Motion by Alderman Collins that Resolution No. 2627 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. COMMITTEE REPORTS: --Ambulance Committee minutes of December 8, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Ambulance minutes of December 8, 1992, into the record, seconded by Collins. Motion carried 8--0. Committee Alderman --Budget/Finance Committee minutes of December 1, 1992 were presented and reviewed, Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of December 1, 1992, into the record, seconded by Alderman Orr. Motion carried 8--0. --City-County Planning Board minutes of December 10, 1992 were presented and reviewed. Motion by Alderman Collins to enter the City-County Planning Board minutes of December 10, 1992, into the record, seconded by Alderwoman Kilpatrick. Motion carried 8--0. HOME OCCUPATION: Darin Linger, 1102 llth Avenue, has applied for a home occupation to do part time bookkeeping in his home on weekends and evenings. There will be no clients coming to the home. The Planning Board recommended approval. Motion by Alderman Marshall to grant a home occupation to Darin Linger, seconded by Alderman Orr. Motion carried 8--0. Cal stated that he received a call from a Mr. Forshner, requesting permission to place a mobile home at 1321 East Railroad Street. This ~roperty is in the county, but it Minutes of the City Council of Laurel Page 6 Council Meeting of December 15, 1992 This property is zoned R-20000 and Laurel is very adamant about limiting its mobile home locations to Residential Mobile Home zoning. Cal explained to him that the zoning does not allow mobile homes in that area and Mr. Forshner became very upset. There are other mobile homes in this area but they have been there for many years and were grandfathered in and this does not justify land use variances. Cal told him he has the right to apply for a mobile home zone change which would give him a hearing before the Planning Board and City Council. Mr. Forshner stated he was going to contact a lawyer. --Garbage Committee minutes of December 7, 1992 were presented and reviewed. Bob Graham stated the Garbage Committee adjusted the commercial garbage rates. Members of the committee rode the garbage truck for several days to observe the volume of garbage being dumped and how many cans there are. Later, they studied each garbage can and business and adjusted the rate either up or down, based on their findings. Bob explained that the container site is costing us money and they would like to be able to break even. The committee recommends that a study be done of what is being dumped at the container site over a period of time before changing any fees. A motion was made at the committee meeting to close the container site on Tuesdays and Thursdays along with Sundays as a cost saving measure, effective January 1, 1993. In addition to this, Bob said the committee is recommending that the garbage rates be increased by $ 1.25 per month. Motion by Alderman Graham to enter the Garbage Committee minutes of December 7, 1992, into the record, seconded by Alderman Orr. Richard Barnhardt stated he sat on the committee when the change was being made from the landfill to the transfer site. He recalls BFI gave a proposal but the committee felt it would be less expensive to operate our own transfer site. He wondered if it is ever going to stop or should be go with BFI and do away with the transfer site. Chuck Rodgers said the committee studied this possibility very thoroughly and as far as the continuing increases, Chuck said you will never stop it completely. It is costly to dispose of garbage. Bob Graham explained to Richard that the committee just got done exploring the possibility of having BFI take over our garbage service again but the proposal was turned down for several reasons of which Bob will explain to Richard at a later time. L.D. said the committee is trying to find effective way of disposing of our garbage. In response to a question, it was stated that Fiberglass Structures will be picked up. the cheapest and most the 300 gallon can at At this time a vote was taken on the motion. Motion carried 8--0. --License Committee minutes of December 9, 1992 were presented and reviewed. Motion by Alderman Graham to of December 9, 1992, into the Motion carried 8--0. enter the License Committee minutes record, seconded by Alderman Orr. --Parks Committee minutes of December3, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to establish a group parking fee of $ 3.50 per trailer, per day for a group of 10 or more units parking at Riverside Park, seconded by Alderman Easton. Motion carried 7--1 with Alderman Marshall voting, "NO". Motion by Alderwoman Kilpatrick to enter the Parks minutes of December 3, 1992, into the record, seconded by Kellogg. Motion carried 8--0. Committee Alderman --Safety Committee minutes of December 8, 1992 were presented and reviewed. Page 7 Council Meeting of December 15, 1992 Minutes of the City Council of Laurel Motion by Alderman Kellogg to enter the Safety Committee minutes of December 8, 1992, into the record, seconded by Alderman Orr. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: CAT PROBLEM Diane Steppe stated she is a new resident in town and heard that we have an ordinance that limits the number of pets you can have. Her family moved here from Colorado where they lived in the county. They brought with them a total of five cats~ three of which are kittens. Diane said she was notified of the ordinance and has been advertising in the newspaper to get rid of the cats but she has not had many offers. She has been turned in and feels she is being harassed by the animal control officer. Other than the City Council, police force and the animal control officer, no one has heard of this ordinance. Diane said she knows of people in town with many more animals than she has and they have never heard of this ordinance and they were outraged that there is such an ordinance. She wants to know how old this ordinance is and if there is anything she can do about it. Joe Bradley stated that our ordinances were substantially revised in 1976 and it was in there then, but he doesn't know just when it was passed. Joe said Diane's recourse is to contact an alderman and sell them on the idea of changing the ordinance and they would have to bring it before the council. Joe said we have enforced this ordinance a few times in the past couple of years, but only on a complaint basis. Bob stated that Diane is a neighbor of his and they moved to Laurel in April with four cats. Bob said he immediately got complaints from other neighbors about the cats so he went over and talked to Diane and informed her of our ordinance. Bob said they also had a dog and he offered her some fencing material to fence the back yard if they wanted it. Nothing was ever done and he kept getting complaints so Bob informed Connie Lind of the problem. Since that time, he has continued to receive calls with one person even threatening to kill the cats. Bob said he does not feel this is a case of harassment. Connie has talked nicely to Diane two times and no citation has been issued. Diane mentioned a personal issue involving Bob's grandchildren and her own children and feels that since that time, she has been harassed. More discussion followed and it was suggested that Diane take the cats to Vicki Brester who runs the Animal Welfare League here in Laurel or to the Humane Society in Billings. Mike Atkinson stated that if Diane would contact him tomorrow he will give her the information and help her get rid of the extra cats. Secondly, Mike said that when Connie is sent over in a situation like this, it is on a complaint only basis. She does not drive around looking for a problem. For the council's information, Joe said we allow up to one litter of kittens a year but we expect the owners to get rid of them after they are weaned at about eight weeks of age. Regardless of whether or not there is a demand for the kittens, it is the owners responsibility to get rid of them. PAWN SHOPS Tom Hendricks stated that he lives across the street from where the pawn shop will be located and he just found out yesterday that it was going in there. His family talked it over and they are concerned that the crime rate in the neighborhood will increase because of this business. Based on hearsay, he doesn't feel the clientele will be the most upstanding citizens around. Tom said he went out last night for a couple hours talking to residents in the area and he got 25-30 signatures of individuals who do not want to see a pawn shop in their neighborhood because they are also concerned about the crime rate. First National Pawn is a large company that is nation wide and residents are concerned about what it will do to our local small town bllsine~e~ that m.r~ ~]~dv h~re. Minutes of the City Council of Laurel Page 8 Council Meeting of December 15, 1992 Tom stated that in talking to Tom Brown, he was told by the Treasurer that there would be no other pawn shops in town when he applied for his license. Tom inquired whether anything can be done about this and he questioned the zoning end of it. Cal said this area conforms to the zoning requirements for pawn shops. Joe said the problem is that we cannot anticipate that a business might be a nuisance before they ever get started. All you can do is catch them in the act of doing something wrong. Joe said that if the Treasurer told Tom he would be the only pawn shop, then she was wrong. It is not the business of the council to regulate competition, the market will do that. Richard Barnhardt asked the council to postpone a decision on the pawn shop because he would like to inform the town what he thinks the ramifications are of having this pawn shop in town. Richard said, "Nothing has ever been proven but there's a lot of stories going around about this one particular pawn shop. Again, the police haven't really proved anything, but he would rather not go into any detail. I believe that if the people of this town knew exactly what they were faced with, the whole town would get together and come before the City Council and request that you don't let them come into town." Joe said the License Committee recommended that the license be granted but the owners told the committee that they would not ask for their license until January or February. When they request the license, they will be put on the agenda to come before the council and the council will decide that night whether or not to issue the license. Joe told Richard that he can check the agenda each Friday before the council meeting to see if they are requesting their license. Richard asked if this company ends up getting their license and the people of Laurel boycott the business, is it illegal? Joe stated he cannot answer that question and told Richard that he should get a private attorney's opinion. To represent private interest, he will have to have a private attorney. In regard to the pawn ordinances that were presented tonight, Richard feels they are the best thing that ever happened. Joe explained that, to his knowledge, Laurel has never had a problem with any of its local pawn shops. But when we heard that this big pawn company, who operates businesses in three states, was coming to Laurel, we figured it was time to tighten up the pawn shop regulations because we might have a problem. Richard said, "What scares us is their reputation which far precedes them about illegal activities within the company, but nobody has ever proved it. But, it's still a reputation that they've got that scares everybody that knows about it, about this big company coming into town and all this illegal activity going on here. We don't want it in our town." Joe said he feels the council is doing as much as it can in advance to tighten up the regulations of reporting requirements. After that, you have to catch them in the act before you can yank a business license. On the other hand, you cannot deny a license on the assumption that they are going to do something illegal. Tom Brown stated that when he got his pawn brokers license he was told that the number of pawn licenses was determined by the number of people in a given city. He's not saying this is right or wrong but at the time, it was questionable whether he would be able to get one since Next to New already had one. Tom said he didn't want to step on anyone's toes. When he found out that he could get the license, he had to comply with FFL regulations through the state and Vicki told him that his license was the last one that could be issued in Laurel. Tom's not saying Minutes of the City Council of Laurel Page 9 Council Meeting of December 15, 1992 that the competition is bad but he has been in business in Laurel for 15 years. Now you have complaints from the businesses and the towns people and he is asking as a concerned business person, what can he do? Joe said unfortunately, there is very little you can do in advance of the business license. Businesses have to prove they are a nuisance before you can take their license away. If this organization or people had a string of criminal convictions proven on the record, we could then consider denying them a license. But, in the absence of this, rumor and innuendoes are not grounds for denial. In regard to Tom's question about where the number of people has to do with the number of licenses, Joe said he is not aware of any such quota and he does not know where Vicki got that information from. Tom stated that he feels the council should convey the wishes of the majority of the people and if the towns people do not want this pawn broker in town, then he feels it is the responsibility of the council to stop it. He feels you are sacrificing at least three smaller businesses for the benefit of one bigger one. The Mayor said we cannot just stop them, regardless of what public opinion is. To do this, you must have some legal means. Bob Graham said he sympathizes with the local businesses but the process for issuing a license is to look at the application and see if it complies with our ordinances and zoning regulations. If it does both, we then ask the police department to check and see if there are any warrants or a criminal record against this person. If nothing is found, the council's hands are tied and they have no grounds for denying a license. Joe said zoning is the way you try to limit contact with the residential neighborhood, but this doesn't work in Laurel since we are such a small town. Pawn shops are allowed in the following zones; central business district, community commercial, highway commercial and light industrial. APPOINTMENTS: The Mayor appointed Pam Belinak as an ambulance attendant. Motion by Alderman Kellogg to confirm the Mayor's appointment of Pam Belinak as an ambulance attendant, seconded by Alderman Orr. Motion carried 8--0. The Mayor appointed Don Cahill to the Police Commission to complete the unexpired term of Dick Black who resigned. Motion by Alderman Orr to confirm the Mayor's appointment of Don Cahill to the Police Commission to fill the unexpired term of Dick Black, seconded by Alderman Marshall. Motion carried 8--0. STREET REPAIRS Jim Worthington made follow up comments in regard to street work that was done in Laurel this year. Earlier this year, Jim received permission to try and get some millings from the highway department. The department gave the city the millings and all we had to do is pay for a contractor to haul them to Laurel. We were able to obtain 2,000 cubic yards of millings which we stock piled. During the year, we used them for several different projects. In the process of doing this, we utilized the procedure of adding oil, which is a very touchy thing. Due to the different compositions of the millings, it is difficult to determine how much and which kinds of oils to use. No one in the state has a formula for doing this kind of work. Jim said that in the process of the year, we actually placed asphalt on 12,600 lineal feet of streets and have covered a major portion of the streets. We still have a lot to do but we used approximately 1,700 cubic yards and have 300 yards left. The streets that were improved were done so with the intention of chip sealing early in 1993. This process allowed us to do 2.4 miles of street improvements which is more coverage that the city has seen in the last four or five Page 10 Council Minutes of the City Council of Laurel Meeting of December 15, 1992 Jim said he has not obtained a site for any further millings at this time but he is still trying to get more. Jim asked Andy Loebe to come forward and he read a letter that is addressed to Andy in which he and Chuck Rodgers expressed their appreciation for his concern, interest and actions in the 1992 street program using asphalt millings. He helped obtain a contractor to haul the millings and he coordinated delivery to the storage area. The letter went on to say he conducted a very complete trial program to determine the type and amount of oil to add to the millings to produce the best compaction possible. Because of his actions, the City of Laurel received more feet of street surfacing at less cost per foot than it has for many years. The Mayor commended Andy and said he has done an outstanding job for the City of Laurel. Andy stated that he did not do all of this alone. He had the help of the full time and summer helpers. DISPOSAL OF SAFE AT FAP Mike Atkinson stated he needs to get rid of an old safe which is located at the FAP complex but he doesn't know how to go about doing SO. Discussion followed and it was stated that we will let L.D. try to sell it through his auction and the funds will go back to the General Fund. Motion by Alderman Marshall to let L.D. Collins sell the safe at his auction and the funds will go back to the General Fund, seconded by Alderman Kellogg. Motion carried 8--0. There being no further business to come before the council at this time, the meeting was adjourned at ~3~ p.m. Donald L. Hackmann, City Clerk Approved the by the Mayor and passed by the City Council of the City of Laurel, Montana, this 5th day of January, 1993. ATTEST: