HomeMy WebLinkAboutCity Council Minutes 12.18.1990Minutes of the City Council of Laurel
December 18, 1990
A regular meeting of the City Council of the
Montana, was held in the Council Chambers and called
Bob Gauthier at 7:00 p.m., on December 18, 1990.
City of Laurel,
to order by Mayor
COUNCIL MEMBERS PRESENT:
Donna Kilpatrick
L.D. Collins
Chuck Rodgers
Lonnie Kellogg
Bob Graham
Ron Marshall
Bruce Teeters
COUNCIL MEMBERS ABSENT: None
INVOCATION: Invocation was given by Reverend Holt.
MINUTES:
Motion by Alderman Marshall to approve the minutes of the regular
meeting of December 4~ 1990, as presented, seconded by Alderman
Collins. Motion carried 8--0.
CORRESPONDENCE:
Received a letter of resignation from Tom Eastman as Assistant
Director and ambulance attendant, effective January 1, 1991.
Motion by Alderman Collins to accept
Eastman as Assistant Director and ambulance
Alderman Marshall. Motion carried 8--0.
the resignation of Tom
attendant, seconded by
Received a letter from Linda-Dennis Williams resigning from the
City-County Planning Board, effective January 1~ 1991.
Motion by Alderman Orr to accept the resignation of Linda
Dennis-Williams from the City-County Planning Board, seconded by
Alderman Collins. Motion carried 8--0.
Received a copy of a letter to Volk Construction's Attorney from W.
Anderson Forsythe regarding the Wastewater Treatment Plant.
Received a copy of a letter to EPA from W. Anderson Forsythe regarding
the Wastewater Treatment Plant.
Attached is a copy of a letter to W. Anderson Forsythe from Mayor Bob
Gauthier.
Received the November minutes and activity report from the Air
Pollution Control Board.
Received the annual report from the Yellowstone City-County Health
Department.
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, 1990, be
approved, seconded by Alderman Collins. Motion carried 8--0.
AWARD BID - REFUSE HAULING TRUCK:
The Garbage Committee minutes of December 14, 1990 were reviewed.
Motion by Alderman Graham to accept the Garbage Committee minutes
of December 14, 1990, as amended, seconded by Alderman Marshall.
Motion carried 8--0.
Page2 Minutes of the City Council of Laurel
Council Meeting of December 18, 1990
Bob Graham stated that in his opinion, the Garbage Committee made a
mistake in accepting the bid from Northwest Peterbilt. One aspect of
the bid was for a roll-off magnum or a comparable one. This truck has
a cascade roll-of, which after further study, does not meet the
lift-off quantity of 60,000 pounds. After checking, the committee
could not find anywhere in the state of Montana that repairs or
carries parts for the roll-off. Also~ Northwest did not meet the
specifications in the area of diesel horsepower.
Bob feels the committee should have accepted the bid from Tri-State
Equipment for the White truck. This truck has a stronger
transmission, the size engine required and the magnum roll-off with
60,000 pounds lift-off. This bid run approximately $ 1,200.00 more
than the Northwest Peterbilt bid.
Joe Bradley confirmed that in committee, L.D. Collins voted to accept
Northwest's bid and he asked L.D. to explain why. L.D. stated he
recalled that the motion was to accept Northwest~s bid with the
condition that they provide specs on the cascade loader by the next
council meeting.
Motion by Alderman Collins to amend the motion by Marvin Carter
in the Garbage Committee minutes of December 14, 1990 to include,
with presentation of specifications as to roll-off, seconded by
Alderman Graham.
Without any objections from the Council, the minutes were corrected.
Harry Ellis, with #1 Equipment Co. in Bozeman, spoke regarding the
cascade loader that the Peterbilt truck is equipped with. He said the
60~000 pounds number doesn't really mean anything because you can't
travel down the road at that weight anyway. Their hoist is the
toughest one they have and i.t routinely loads 60,000 and has done as
much as 80,000. The pump is 25 gallons a minute and 1,000 rpm's. In
regard to parts and maintenance, it is low maintenance and only
requires a grease gun.
More discussion followed regarding the specs, maintenance, parts and
service.
Lonnie Kellogg suggested that this be referred back to the committee
for further discussion and study.
Bruce Teeters questioned whether the additional cost for the automatic
transmission is really worth it. Bob Graham stated the reason they
went with the automatic is because of the number of different people
that would be driving the truck, If you could train just one or two
people on the manual transmission~ then that would be the way to go,
but we have too much turnover within city jobs to do this.
More discussion followed regarding who would be driving this truck and
if there is a need for the automatic. Another concern was the rear
mounted pump verses the front mount..
The Mayor referred this back to the committee for reconsideration with
a recommendation at the next council meeting.
The Garbage Committee will meet on Thursday, December 27th at 7:00
p.m.
FIRE MARSHALL'S REPORT:
Rob Harris, Fire Marshall, came before the council regarding concerns
that have come up in the last year. The Fire Marshall's position is
an elected one from within the department. This person has specific
duties at a fire and is under the direction of the Fire Chief. In
regard to the city~ he does the fire inspections before any new
business licenses are approved. Rob said he took on the job and tries
to do it in a professional manner but as a volunteer position, Rob
feels there is not enough time in the day to get the job done as it
should be done.
Page3 Minutes of the City Council of Laurel
Council Meeting of December 18, 1990
Rob has recently visited with the State Fire Marshall and the Billings
Fire Marshall. As a council, you have accepted the Montana State Fire
Codes. One of the codes says that the Fire Marshall needs to inspect
schools once every year and all other premises, once every 18 months.
This is not getting done. Rob said he has put in approximately 150
hours this past year doing inspections which pertain to new businesses
that are coming in or for ones that are moving within Laurel. Rob
said he has not gone into existing buildings to do inspections as he
should be doing because as a volunteer, he does not have the time.
Rob is asking that the council consider creating a part-time paid
positions to enforce the fire and building codes. The Engineer does
not have the time to enforce the building codes as they should be done
either. Rob said the thing the city needs to be concerned about is
that we are liable since the city has accepted the state codes. Rob
feels that the city is exposing themselves and leaving open the
possibility of a lawsuit by not inspecting the buildings as they
should be.
Rob feels this needs to be considered and acted upon in the near
future. In regard to financing this position, Rob feels part of the
salary could come from the inspection fee. We currently charge
$ 10.00, which is very low in relation to what other cities charge.
If the fee was raised to $ 25.00, this could generate some revenue to
help cover the salary.
In answer to a question, Rob stated he has recently spent eight hours
with one business, trying to get it up to code and the final
inspection has not been done yet. This gentleman has contacted an
attorney because he has not been allowed to open yet. Joe Bradley
stated that for all the time Rob has spent on this one particular
case, the city only received $10.00.
In the codes, there is a grandfather clause for building inspections
but none in regard to fire inspections. Rob said there are many
training sessions and seminars available at a minimal cost for code
enforcement.
When asked if they want this person to come from within the
department, Rob said he did not know if any one person on the
department would actually have the time for this. If this person ends
up coming from outside the department, Rob and the Fire Chief would be
more than willing to work with them until they develop a good
understanding of the codes. Rob stated that he is in the process of
making up inspection sheets which list all of the codes and this will
help when doing an actual inspection.
Joe stated that this is a necessary position that needs to be created.
A position would need to be created by ordinance, a salary set and
describe the duties for the position. The place to start is in the
Fire Committee and they can meet with Jim Worthington to estimate
projected revenue from building inspection fees.
This item was referred to the Fire Committee for a recommendation at
the first council meeting in February.
SCUBA DIVING IN SOUTH POND:
ORDINANCE NO. 980 (first reading)
AMENDING SECTION 16.02.020 OF THE LAUREL
MUNICIPAL CODE, TO ALLOW SCUBA DIVING IN
SOUTH POND BY CERTIFIED DIVERS UNDER
SPECIAL CIRCUMSTANCES
Motion by Alderman Orr that Ordinance No. 980 (first reading) be
passed and adopted, seconded by Alderman Collins.
Pa e4 Minutes of the City Council of Laurel
Council Meeting of December 18, 1990
Joe Bradley said the state codes say that if any landowner lets you
use their property for recreational purposes and doesn't charge
anything for the privilege, is protected from liability. For this
reason, no fee will be charged. This is for skin or scuba diving
only, proof of certification must be presented, waiver of liability
must be signed and they must have their permit in advance.
A roll call vote was taken on the motion. Motion carried 6--2 with
Aldermen Marshall and Teeters voting, "NO."
WILLISTON BASIN PIPELINE:
RESOLUTION NO. 2505
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF LAUREL AND WILLISTON BASIN
INTERSTATE PIPELINE COMPANY, SAID AGREEMENT
RELATING TO RIGHT-OF-WAY
Motion by Alderwoman Kilpatrick that Resolution No. 2505 be
passed and adopted~ seconded by Alderman Collins. Motion carried
8--0.
CHANGE OF COUNCIL MEETING DATE:
Due to the holiday on New Year's Day, the council meeting will be
changed from January 1st to January 2nd.
Motion by Alderman
January 1st to January
carried 8--0.
Collins to change the council meeting from
2nd, seconded by Alderman Kellogg. Motion
COMMITTEE REPORTS:
--Budget/Finance Committee minutes of December 4, 1990 were presented
and reviewed.
Motion by Alderwoman Kilpatrick to enter the Budget/Finance
Committee minutes of December 4, 1990, into the record, seconded by
Alderman Teeters. Motion carried 8--0.
--City Council Committee of the Whole minutes of December 4, 1990 were
presented.
Motion by Alderman Rodgers to enter the City Council
the Whole minutes of December 4, 1990~ into the record,
Alderman Orr. Motion carried 8--0.
Committee of
seconded by
--City License Committee minutes of December 13, 1990 were presented
and reviewed.
Motion by Alderman Collins
Public Auction and Consignment
Rodgers. Motion carried 8--0.
to approve a business license for
Co., Inc., seconded by Alderman
Motion by Alderman Collins to
minutes of December 13, 1990, into
Orr. Motion carried 8--0.
enter the City License
the record, seconded by
Committee
Alderman
--Garbage Committee minutes of December 11,
reviewed.
1990 were presented and
Motion by Alderman Graham to enter
of December ll, 1990, into the record,
Motion carried 8--0.
the Garbage Committee
seconded by Alderman
minutes
Collins.
Pages Minutes of the City Council of Laurel
Council Meeting of December 18, 1990
--Police Committee minutes of December 6,
reviewed.
1990 were presented and
Motion by Alderman Rodgers to enter the Police Committee
of December 6, 1990, into the record, seconded by Alderman
Motion carried 8--0.
minutes
Kellogg.
--Public Utilities Committee minutes of December 10, 1990 were
presented and reviewed.
Motion by Alderman Collins
Committee minutes of December 10,
Alderman Orr. Motion carried 8--0.
to enter the Public Utilities
1990, into the record, seconded by
COMMENTS FROM THE AUDIENCE:
Jim Worthington asked who is to issue the scuba diving permit. It was
stated it will be issued through City Hall.
Ron Marshall stated that something needs to be done with the building
behind Ricci~s. He has brought this up several times and the
landowner has been contacted but will not do anything about it. Ron
feels the city needs to start abatement proceedings to at least get
rid of the burnt garage and put. the charges on the landowner's taxes.
The landowner has missed several appointments with Jim Worthington~
but Joe said the city can inspect the garage without him present but
he would need to let you in the apartment building for an inspection
and that may be a problem.
MAYOR'S COMMENTS:
The Mayor appointed Howard R. Clayton to the Airport Authority Board.
Motion by Alderman Collins to confirm the Mayor's appointment of
Howard R. Clayton to the Airport Authority Board, seconded by Alderman
Orr. ~iotion carried 8--0.
The Mayor stated there are two vacancies on the City-County Planning
Board and if anyone knows of someone that would be interested in
serving, please let him know.
There being no further business to come before the Council at this
time, the meeting was adjourned at 8:38 p.m.
Donald L. Hackmann, City Clerk
Approved by The Mayor and passed by the City Council of the City
Laurel, Montana, this 2nd day of January, 1991.
~o~' G~uthier, Mayor
of
ATTEST:
Donald L. Hackmann, City Clerk