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HomeMy WebLinkAboutCity Council Minutes 06.06.1989Minutes of the City Council of Laurel June 6, 1989 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 Bob Gauthier at 7:03 p.m., on June 6, 1989. COUNCIL MEMBERS PRESENT: Ron Marshall Donna Kilpatrick Chuck Rodgers L.D. Collins Chuck Dickerson Bob Graham Bruce Teeters Norman Orr COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Reverend Cunningham. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of May 16, 1989 and the minutes of the special meeting of May 23, 1989, as presented, seconded by Alderman Collins. Motion carried 8--0. CORRESPONDENCE: Received a "Thank You" card from Peg Kamerzel for the flowers sent to her on her recent hospitalization. Received a letter of resignation from Pat Morrison from the Laurel Volunteer Ambulance Service, effective May 18, 1989. Motion by Alderman Dickerson to accept the resignation of Pat Morrison from the Laurel Volunteer Ambulance Service, effective May 18, 1989, seconded by Alderman Marshall. Motion carried 8--0. Received a letter from Myron Erb, need for curb repair in Division referred to Jim Flisrand. 110 Fourth Avenue, regarding the C at the cemetery. This item was Received a letter of resignation from Donald Cahill from the Board of Adjustments and the Public Utilities Committee. Motion by Alderman Dickerson to accept the resignation of Donald Cahill from the Board of Adjustment and the Public Utilities Committee, seconded by Alderman Marshall. Motion carried 8--0. Received a letter from requesting a 15 minute Main Street. Dennis Brennan of the BN Safety Committee loading zone in front of the crew complex on Received a letter from Harris & Ventrell regarding Bob and Linda Erickson d/b/a Equipment Finders. Received a letter from George Sheckleton, MD, Director of the City-County Health Department regarding the reappointment of Chuck Dickerson to the Board of Health. The Mayor reappointed Chuck Dickerson to the Board of Health. Motion by Alderman Collins to confirm the Mayor's appointment of Chuck Dickerson to the Board of Health, seconded by Alderman Graham. Motion carried 8--0. Received a letter from the Montana Department of Highways regarding an informational meeting on Monday, June 12, 1989 at 7:30 p.m. about Buffal~ Trail Road. Received a letter from the Montana Department of Natural Resources and Conservation regarding the ten-year review of water reservations. Received a letter from the Department of Health and Environmental Sciences regarding the Laurel landfill inspection. Received a letter from the Montana Department of Administration Information Service Division, regarding funding assistance for the 9-1-1 emergency telephone system. The City of Laurel received Page2 Minutes of the CitY Council of Laurel Council Meeting of June 6, 1989 $ 12,700.52 from the state. An amount of $ 1,024.77 will be coming from Yellowstone County. CLAIMS: Claims for the month of May were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve all claims in the amount of $ 198,653.50 for the month of May, seconded by Alderman Collins. Motion carried 8--0. BID OPENING - SELF-CONTAINED BREATHING APPARATUS: This being the time and place advertised, the only bid received was opened and read aloud. Henry's Safety SuPply Co. Bid Bond Attached P.O. Box 30277 Billings, MT 59107 A. $ 47,284.20 B. $ 49,384.20 C. $ 33,864.20 D. $ 35,964.20 outright purchase outright purchase with option #20 purchase with trade-ins applied. purchase with trade-in and option 20 applied Item 20 Optional Buddy breathing kits for 20 units would amount to an additional lump sum of $ 2~100.00. OPTIONAL Purchase from the City of Laurel 22 Survivair Low Pressure XL30 regulators with harness and with face pieced (12 with light-weight harness and 10 with steel harness), and 31 steel low-pressure cylinders for the lump sum of $ 13,420.00 LAUREL JAYCEES JULY 3RD STREET DANCE: LaNaya Gonzales mentioned that they have a $ 500,000 liability policy to cover the dance and she will give the city a certificate of coverage. The dance will be held in the parking lot at Main Street and 5th Avenue from 9 p.m. to 1 a.m. with beer being sold until 1:30 p.m. Hands will be stamped as people enter. Motion by Alderman Dickerson to grant the Laurel Jaycee's permission to hold the street dance on July 3rd in the parking lot at Main Street and 5th Avenue from 9 p.m. to 1 a.m., seconded by Alderman Collins. Motion carried 8--0. CENTENNIAL PARADE ROUTE: This item was tabled until the next Council meeting because no one was present to make a presentation. CENTENNIAL FLAG: The Mayor stated the History Club at the Middle School presented the City with a flag which represented Montana when it came into statehood as the 41st state in the Union. The flag is an all weather flag and can be 'flown below the flag we are now flying at City Hall. Motion by Alderman Dickerson to present the Centennial iFlag to the city at the June 20th council meeting, raise the flag on June 24th, take it down on July 5th and present it to the museum at the July 5th council meeting, seconded by Alderwoman Kilpatrick. Motion carried 8--0. DAN DUKE - CITY BUSINESS LICENSE: (tabled on March 21, 1989) Motion by Alderman Collins of a business license to Dan Motion carried 8--0. to remove from the table the granting Duke, seconded by Alderman Marshall. Minutes of the City Council of Laurel Page 3 Council Meeting of June 6, 1989 Dan Duke appeared before the council stating he would like one city business license for Canyon Creek Advertising & Public Relations. Me currently is licensed in Billings and is also registered with the State and he has offices at 2224 Monad and 704 South 31st in Billings. Dan said the function of his business is to advertise and do public relations and he would like to solicit clientele in Laurel although he will not have an office in Laurel. The business will include all phases of advertising such as poster, flyers, tickets, and radio and television advertising. Joe Bradley asked Dan if this is the same way he presented it to the License Committee and he said no because at the time he came before them he was looking at two separate licenses, one for the public relations and advertising and the second was for fund raising. Dan stated that any fund raising that would be done within Laurel would be conducted by the organization itself and not by him. Dan said he will work with organizations in the capacity to supply them with information and to also supply products to them but he will not be doing any fund raising himself. L.D. Collins, Chairman of the License Committee, stated that Mr. Duke will need to apply to the committee again because his license application is over three months old. Dan stated he was not aware that he needed to attend a City Council meeting the last time and he did not receive the correspondence informing him of this. He stated he will fill out the new application and get it turned in. DENNIS BRENNAN - 15 MINUTE LOADING/UNLOADING ZONE AT BN CREW COMPLEX: Dennis Brennan, representative of the train crews, is requesting a 15 minute loading and unloading zone in front of the crew complex for safety reasons. He stated that the BN van has to double park 25 to 30 times a day loading and unloading up to 150 men and the van has been hit twice and there have been close calls involving the men. Joe Bradley stated that if an area is designated as a loading/unloading zone, it will have to remain free at all times and it would be taking up a parking space. Dennis said he has contacted four businesses in the immediate area and they are all in favor of it. Discussion followed regarding the street sweeper and the fact that the van driver must leave the van and go inside the complex for a short period of time. Joe stated that any change would have to be done by ordinance. Motion ~L Alderman Collins to refer the item of the loading/unloading zone to the Street and Alley Committee for a recommendation, seconded by Alderman Marshall. Motion carried 8--0. The Street and Alley Committee will meet on June 15th at 5:00 p.m. Dennis stated this request is coming from the men involved and not from BN. SHERRY WEAVER - WINDSURFING: Sherry Weaver was not present but Joe Bradley informed the council that he received a call from Sherry who represents a windsurfing club in Billings. They wanted to put on an informational show and demonstration for Laurel residents and they thought South Pond would be ideal for this purpose. She wanted to get approval to hold this clinic 'at the pond but no action will be taken because she: is not present. JOE BRADLEY - UPDATE ON EQUIPMENT FINDERS: Joe Bradley stated that at the April 4th Council meeting the Ericksons were given a deadline of June 1st to construct a building on their property and they were also told that if they could not meet that deadline, please let the Council know. They were not able to meet that deadline and they informed the city by letter and requested an additional 30 days to comply. Mr. and Mrs. Erickson were present and Mr. Erickson explained that they had an office building located when a local banker contacted them Minutes of the City Council of Laurel Page 4 Council Meeting of June 6, 1989 stating that Tom Frank's building might possibly be for sale. Mr. Erickson stated this would naturally be the best for them and they are now pursuing the opportunity to try to buy this building but he stated it was a surprise to them and it is a considerable amount of money. He would like the extension and feels that by the end of 30 days he will either have signed a buy sell on Tom Frank's building or will have purchased a building himself. Motion by Alderman Dickerson to grant the Ericksons a 30 day extension until July 1st to get a building on their property and that they come to the July 5th council meeting with firm compliance, seconded by Alderman Graham. Motion carried 6-2 with Aldermen Collins and Marshall voting, "NO." Bob Graham suggested that the Ericksons keep Jim Flisrand and Joe Bradley informed as to what is happening. RENTAL OF PASTURE LAND AT SEWER PLANT: Bob Graham questioned one section of the lease and that being how the lessee specifically agrees to indemnify and hold the lessor safe and harmless. Joe Bradley stated that the lessee being Les Deines, agrees to defend the city because of his lease, if anyone is ever injured down there. Bob stated that he leases pasture land from the county and he is required to purchase a liability policy in their name for $ 100,000 and he recommends the city require this also. RESOLUTION NO. 2389 APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND LES DEINES, SAID AGREEMENT RELATING TO THE RENTAL OF PASTURE LAND AT THE WASTEWATER TREATMENT PLANT Motion by Alderman Dickerson to approve Resolution No. 2389 with the requirement that the lesser take out a $ 100,000 liability insurance policy in the city's name, seconded by Alderman Orr. Motion carried 8--0. RESOLUTIONS APPROVING FIRE DISTRICT CONTRACTS & AIRPORT AUTHORITY: Due to changes from the original agreement the LUFSA agreement was referred back to the Fire Committee for review. RESOLUTION NO. 2390 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 6, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Dickerson that Resolution No. 2390 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RESOLUTION NO. 2391 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 7, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Rodgers that Resolution No. 2391 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. RESOLUTION NO. 2392 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND CARBON COUNTY FIRE DISTRICT NO. SAID AGREEMENT RELATING TO FIRE PROTECTION Minutes of the City Council of Laurel Page 5 Council Meeting of June 6, 1989 Motion by Alderman Dickerson that Resolution No. 2392 be passed and adopted, seconded by Alderman Rodgers. Motion carried 8--0. RESOLUTION NO. 2393 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Dickerson that Resolution No. 2393 be passed and adopted, seconded by Alderman Orr. Discussion followed concerning the dollar amount of the Airport Authority's contract. Motion by Alderman Dickerson to table Resolution No. 2393 until the next council meeting, seconded by Alderman Marshall. Motion carried 8--0. MAGNETOHYDRODYNAMIC (MHD) RETROFIT PROJECT: RESOLUTION NO. 2394 A RESOLUTION ENDORSING THE CONSTRUCTION OF MAGNETOHYDRODYNAMIC (MHD) RETROFIT OF THE J.E. CORETTE PLANT IN BILLINGS, MONTANA AND AUTHORIZING THE CITY OF LAUREL TO PARTICIPATE WITH OTHER INTERESTED PARTIES TO ENSURE THAT THE RETROFIT IS CONSTRUCTED Motion by Alderman Dickerson that Resolution No. 2394 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of May 16, 1989 were presented and reviewed. Joe Bradley stated Cable TV wants to pay the same license fee as every other utility. He said the city is giving them permission to run things along our right of ways whereas other utilities got permission from the developer. He feels they are asking something special of the city and they feel they are not and Joe said this is the source of argument. Joe said it will have to be decided whether or not to hire a negotiator who is familiar with Cable TV operations. This gentleman feels the city could charge substantially more than what it is now receiving. Motion by Alderman Teeters to enter the Budget/Finance minutes of May 16, 1989, into the record, seconded by Dickerson. Motion carried 8--0. Committee Alderman --Budget/Finance Committee minutes of May 17, 1989 wore presented and reviewed. Motion by Alderman Orr to enter the Budget/Finance minutes of May 17, 1989, into the record, seconded by Marshall. Motion carried 8--0. Committee Alderman --Budget/Finance Committee minutes of May 23, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of May 23, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --Budget/Finance Committee minutes of May 24, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of May 24, 1989, Alderman Orr. Motion carried 8--0. to enter the Budget/Finance into the record, seconded by Minutes of the City Council of Laurel Page 6 Council Meeting of June 6, 1989 --Budget/Finance Committee minutes of May 25, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of May 2§~ 1989~ into the record~ seconded by Alderman Dickerson. Motion carried 8--0. --Budget/Finance Committee minutes of June 5, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of June 5, 1989, into the record, seconded by Alderman Rodgers. Motion carried 8--0. --City Council Committee of the Whole minutes of May 16, 1989 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of May 16, 1989, into the record, seconded by Alderman Collins. Motion Carried 8--0. --Park Committee minutes of May 25, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to approve the committee's recommendation for the hiring of the swimming pool personnel, seconded by Alderman Dickerson. Motion carried 8--0. Motion by Alderwoman Kilpatrick to enter the Park minutes of May 25, 1989, into the record, seconded by Dickerson. Motion carried 8--0. Committee Alderman --Park Committee minutes of May 30, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of May 30, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. Discussion followed regarding the wages and fees for the summer recreation programs. Motion by Alderman Graham to pay the summer recreation instructors $ 5.25 an hour, seconded by Alderwoman Kilpatrick. carried 8-~0. program Motion COMMENTS FROM THE AUDIENCE: Bob Graham stepped down as a councilman and reported as a citizen about the DARE program. He gave an update on what has been happening since he first brought this before the council on April 18th. Bob stated that when the city approved this program, by way of a resolution, one of the stipulations was to have the program taught in Laurel by a Laurel police officer. The School Board also adopted this same idea but the county DARE committee rejected this idea and wanted it taught in Billings by two policemen and by two deputy officers in the outlying areas of the county. Bob then told the county that Laurel would not participate in the DARE program under.their grant and he proceeded to write a separate grant for Laurel. In this grant he requested a full time officer for Laurel and justified it by offering this officer's extra time to the western part of the county, to one of the other surrounding counties or to have him teach the curriculum to kindergarten through 5th grade. Bob said the state notified the county in regards to our grant and the county was very unhappy with Laurel. The DARE committee received a letter back from the State Crime Board stating they have tentative approval providing they work out the problem with Laurel. After much discussion with the committee~ Bob said they agreed to let a: Laurel officer teach the program to Laurel students if we agree to drop our grant. Bob stated this is where things stand now. He feels Laurel has a good chance to get an officer but not on a full time basis. He is asking the council to make a decision whether to go with the committee's decision to allow a Laurel officer to teach in Laurel and also Canyon Page 7 Minutes of the City Council of Laurel Council Meeting of June 6, 1989 Creek~ Elder Grove and the western part of the county or to continue to pursue our own grant. Bob said the negative aspect of' going with the county is that we lose control over this officer because he will be controlled by the County Crime Board. Alan asked whether Laurel is mentioned in the county's grant application and Bob stated no, that Laurel was not asked to be present during the writing of the grant. It was questioned and discussed whether it would be a good idea to request in writing, a guarantee of the number of hours Laurel requires of the officer so we do not get shortchanged after we would drop our grant application. It was stated this officer would stay on our payroll and still receive all benefits but the money would come from the grant and he will be absent from the department for a period of at least three years while the federal grant is in force. Alan stated the Police Department will hire another full time officer and it is their long term goal to eventually have one officer who works entirely with school children through this and other programs such as Adopt-a-Cop. Bob Graham made a recommendation that the Council accept the Crime Prevention Board's proposal with the stipulation that we get the officer as needed and that we drop our own grant application. Motion by Alderman Dickerson to accept Bob Graham's recommendation, seconded by Alderwoman Kilpatrick. Motion carried ?--0. MAYOR'S COMMENTS: Since Tuesday July 4th is a holiday, the Mayor suggested changing the Council meeting to July 5th. Motion by Alderman Marshall to change the council meeting from July 4th to July 5th, seconded by Alderman Dickerson. Motion carried 8--0. The next council meeting on June gOth will be held in Thomson Park at 6:30 p.m. L.D. Collins will provide a PA system and official notice will be put in the paper. Motion by Alderman Dickerson to drop the Council of the Whole meeting on June 20th, seconded by Alderman Collins. Motion carried 8--0. There being no further business to come before the Council at this time, the meeting was adjourned at 8:35 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City of Laurel, Montana, this 20th day of June, 1989. ATTEST: Donald L. Hackmann, City Clerk