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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