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HomeMy WebLinkAboutCity Council Minutes 06.20.1989Minutes of the City Council of Laurel June 20, 1989 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers rather than Thomson Park as advertised, due to inclement weather and was called to order by Mayor Bob Gauthier at 7:00 p.m., on June 20, 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 Alderman Collins. MINUTES: Motion by Alderman Dickerson regular meeting of June 6, 1989, as Collins. Motion carried 8--0. to approve the minutes of the presented, seconded by Alderman CORRESPONDENCE: Received a Local Government newsletter from the Department of Commerce regarding Gambling Regulations and Enforcement. (Senate Bill 431) Received the minutes and the April activity report from Yellowstone County Air Pollution Control Board. the CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of May were presented. Motion ~ Alderwoman KilRD_tri~_~ that the City Clerk and City Treasurer's financial statements for the month of May~ 1989, be approved~ seconded by Alderman Orr. Motion carried 8--0. LOADING/UNLOADING ZONE AT BN CREW COMPLEX: The Street and Alley Committee minutes of June 16, 1989 were read. It was the recommendation of the committee to draw up an ordinance to make a 40 foot loading/unloading zone in front of the BN crew complex. Discussion followed regarding the placement and length of the zone~ and whether or not it would be exclusively for BN. Joe Bradley suggested drawing up an ordinance as the committee recommends and if, after looking over the area, the council feels changes need to be made, the ordinance can be amended. Joe will prepare an ordinance for the next council meeting. AIR CONDITIONER FOR LAUREL MUSEUM: Roy Williams was not present at the council suggested that the Mayor contact Roy and ask Budget/Finance Committee meeting because this before the committee anyway. meeting but Joe Bradley him to attend the next matter will have to go CENTENNIAL PARADE ROUTE: Sandy Stevenson presented plans for several activities to be held duringl the centennial celebration as follows: 1. We humbly request the presence of our esteemed Mayor at both the parade and the opening ceremonies in Thomson Park on July 1st, 1989. 2. Budweiser Clydesdales route, 5 p.m., June 23, 1989, ~tarting at Fichtner Chevrolet and travelling north on South ~st Avenue to 5th Avenue by way of Railroad Street. From 5th and Hain the Clydesdales will parade to the end of East Main Street and then return to Fichtner's by the same route. Page2 Minutes of the City Council of Laurel Council Meeting of June 20, 1989 Laurel Centennial parade route, 12 noon, July 1, 1989, starting at 800 East Main and traveling to 1st Avenue intersection, turning at that intersection and travelling to Thomson Park. Parade entries will gather from 10:00 a.m. onwards. Calamity Jane Players at the Legion Field at 7:30 p.m. on July 2, 1989. Permission required to sell beer at this event. A separate serving and consuming area will be set up. All those who enter this area will be asked for ID's. The committee will take care of security along with the auxiliary police. Darrell McGillen will supervise this event. 5. Portable toilets. We humbly request that the City Council help provide some of these necessary items in Thomson Park. Street closures. We request that 8th Street be closed from 1st Avenue to beyond the LHS practice field on July 1st, 2nd, and 4th. We further request that 1st Avenue from 6th Street to 8th Street be closed to parking on both sides of the street, and if possible, temporary STOP signs be placed at the crosswalk at 7th Street and 1st Avenue. Further actions may have to be taken to ensure good traffic management and we will help with those under the advisement of the city police department. We request that the City Engineer meet with some of our committee members to go through the park and inspect the of our events. site Joe Bradley stated that Darrell McGillen usually asks for permission for the fireworks display at this time, but since he is out of town he is requesting the council to grant permission for this event also. Motion by Alderman Dickerson to approve items no. 2, 3, 4, item no. 6 except for stop signs at 7th Street and to grant the LVFD permission for the fireworks display, seconded by Alderman Orr. Motion carried 8--0. Motion by Alderman Dickerson to leave item no. 5 up to the Mayor's discretion, seconded by Alderman Rodgers. Motion carried 8--0· Chuck Dickerson complimented Sandy and the Steering Committee for the fine job they have done organizing and planning the centennial events and for their effort to see it happen. PRESENTATION OF CENTENNIAL FLAG: The Mayor presented a flag to the city which was received from the History Club at the Middle School. The flag will be raised at 8:00 a.m. Saturday, June 24th and will be taken down before the council meeting on July 5th and presented to the museum. CITY LICENSES FOR 1989-90: Joe Bradley stated that the city is still in discussion with Qable TV concerning their license. He and Bob Gauthier met with them last week and they provided a lot of new information. Joe advised the council to grant them a 30 day extension in order to hold a public hearing to invite public comment. Cable TV stated they would appreciate receiving comments and complaints also. Motion by Alderman Graham to grant Cable TV a 30 day extension on their city license until July 31st, seconded by Alderman Marshall. Motion carried 8--0· Motion by Alderman Marshall to approve the 1989-90 city licenses as presented, seconded by Alderman Graham. Motion carried 8--0. Pa e3 Minutes of the City Council of Laurel Council Meeting of June 20, 1989 AWARD BID - SELF CONTAINED BREATHING APPARATUS: Motion by Alderman Marshall to accept item D for 20 units from Henry's Safety Supply in the amount of $ 35,964.20, which includes trade ins and option 20 applied (buddy breathing kits), to be purchased over a three year period, seconded by Alderman Orr. Motion carried 8--0. BID OPENINGS: This being the time and place advertised, the bids received were opened and read aloud. Petroleum Products Laurel Co-op 800 East Main Laurel, MT Super unleaded $ 1.0238/gal. #2 diesel fuel $ .5620/gal. 15w-40 oil $ 2.89/gal. Total Bid Laurel Servicenter 201 West Main Laurel, MT Super unleaded #2 diesel fuel 15w-40 SF/CD oil $ .882/gal. $ .602/gal. $ 2.89/gal Bid Bond Cashiers Check $ 1,917.72 $ 19,177.20 No Bid Bond (plus 20 cent state tax) Total Bid $ 20,275.60 The bids were referred to the Street and Alley Committee for recommendation at the next Council meeting. Street Maintenance Materials William Krug & Sons Sand & Gravel 2450 Hwy. 212 Laurel, MT Bid Bond Check $ 4,380.00 1000 CY 1/2" road material $ 6.00 $ 6,000.00 4000 CY 3/4" road material 5.75 23,000.00 2000 CY 3/8" stone chips 6.00 12,000.00 500 CY 3" max. pit run 4.00 2,000.00 100 CY top soil 8.00 800.00 Midland O'Leary, Inc. 4th Ave. North Billings, MT Total Bid $ 43,800.00 a Bid Bond 1041 Enclosed 1000 CY 1/2" road material No bid 4000 CY 3/4" road material $ 10.00 $ 40,000.00 2000 CY 3/8" stone chips 8.50 17,000.00 500 CY 3" max. pit run 5.25 2,625.00 100 CY top soil 9.60 950.00 Empire Sand & Gravel 1215 Mary Billings, MT Total Bid $ 60,575.00 Bid Bond Enclosed Total Bid $ 77,810.00 1000 CY 1/2" road material $ 11.55 $ 11,550.00 4000 CY 3/4" road material 9.75 39,000.00 2000 CY 3/8" stone chips 11.40 22,800.00 500 CY 3" max. pit run 7.40 3,700.00 100 CY top soil 7.60 760.00 Minutes of the City Council of Laurel Page 4 Council Meeting of June 20, 1989 The bids were referred to the Street and Alley recommendation at the next Council meeting. Cold-Laid Asphaltic Plant Mix H.L. Ostermiller Construction 2847 Bitterroot Drive Billings, MT Committee for a Bid Bond Enclosed 2000 T MC-800 Midland O'Leary, Inc. 1041 4th Ave. North Billings, MT 2000 T MC-800 Empire Sand & Gravel Co, 1215 Mary Billings, MT 2000 T The bids were recommendation at Cenex Laurel, MT cold mix $ 27.45 cold mix Inc. $ 26.25 MC-800 cold mix $ 21.40 referred to the Street and Alley the next Council meeting. ~j_quidAsphalt MC-800 $ .5191/gal CRS-2 .4922/gal Total Bid and Alley This bid was referred to the Street $ 54,900.00 Bid Bond Enclosed $ 52,500.00 Bid Bond Enclosed $ 42,800.00 Committee for $ 15,573 00 12~305 00 $ 27,878 00 Committee for recommendation at the next Council meeting. FIRE PROTECTION AGREEMENT WITH AIRPORT AUTHORITY: RESOLUTION NO. 2393 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT Motion by Alderman Rodgers to remove Resolution No. 2393 table, seconded by Alderman Dickerson. Motion carried 8--0. Discussion followed. It was moved and seconded June 6th council meeting. it passed 8--0. FIRE PROTECTION AGREEMENT WITH LUFSA: a a from the to pass and adopt Resolution No. 2393 at the At this time the motion was voted on and RESOLUTION NO. 2395 A RESOLUTION APPROVING A CONTRACT BETWEEN THE LAUREL URBAN FIRE SERVICE AREA AND THE CITY OF LAUREL, FIRE PROTECTION SAID AGREEMENT RELATING TO Motion by Alderman Rodgers that Resolution No. 2395 be passed and adopted, seconded by Alderman Dickerson. Motion carried 8--0. The Fire Committee recommended to have all fire contracts approved by May 1st of next year. HOME OCCUPATIONS: None Page6 Minutes of the City Council of Laurel Council Meeting of June 20, 1989 COMMITTEE REPORTS: --Bud~Finance Committee minutes of June 6, 1989 were presented and reviewed. Motion ~M Alderwoman Kil~atrick to enter the Budget/Finance Committee minutes of June 6, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --Bud~D~_/Finance Committee minutes of June 13, and reviewed. 1989 were presented Motion by Alderwoman Kil~atrick to enter the Budget/Finance Committee minutes of June 13, 1989, into the record, seconded by Alderman Teeters. Motion carried 8--0. --Cit~ Council Committee of the Whole minutes of June 6, 1989 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of June ~, 1989, into the record~ seconded by Alderman Orr. Motion carried 8--0. --Cit~-Count~ Plannin~ Board minutes of June 8, 1989 were presented and reviewed. Motion ~ Alderman Dickerson to enter the City-County Board minutes of June 8~ 1989, into the record, seconded by Orr. Motion carried 8--0. Planning Alderman Cal Cumin stated the Planning Board recommended to the council that they drop mobile homes from the $ 26.00 fee for structures moving through the city. Motion ~j~ Alderman Dickerson to prepare an ordinance that will remove mobile homes from the $ 26.00 fee, seconded by Alderman Graham. Motion carried 8--0. --Public Utilities Committee minutes of June 12, 1989 were presented and reviewed. Ray Hazen, 909 7th Avenue, is asking the city to reimburse him for expenses and damages which occurred when his sewer line backed up on two separate occasions. L.D. Collins stated that when Mr. Hazen came to the committee he thought the carpet would run approximately $ 1,000.00 but Mr. Hazen clarified that what he said, was that the carpet cost $ 1,000.00 back in 1972 and to replace it today it would run approximately $ 2,081.58. Ray also stated that his house has been flooded three times, with two of those times being in March of this year. Bob Graham stated that a correction be made to the Public Utilities minutes. He asked that Vic Hergett~s name appear in the sentence reading~ "However, there was nothing wrong with his sewer line according to Ben Deines" because both men testified to this fact. Bob Graham stated that this matter was discussed in length at the Public Utilities Committee meeting and the minutes will be typed verbatim but they were not ready for tonight's meeting. Bob suggested that Dave Michael and Jim Flisrand put on tape what they feel happened regarding this situation for the benefit of the people who will be handling this matter. Motion ~ff Alderman Graham to have Jim Flisrand and Dave. Michael go on record as to what they feel happened and that this matter then be referred to our insurance company and the appropriate measures be taken to give the insurance company the evidence they need, seconded by Alderman Collins. Discussion followed concerning a solution to the problem and Bob Graham stated that there has been much discussion over this. One alternative is to photo the line to find out what is wrong and Minutes of the City Council of Laurel Page 6 Council Meeting of June 20, 1989 measures will have to be taken to correct it. Right now we do not know if it is the city's line that is causing the problem or not. It is not Mr. Hazen's line, according to those who replaced his line. The question was asked whether it has backed up since the line was replaced and Ray stated it had not. He said he has plugged everything off in his basement so it can't back up. Two neighbors who have full basements have also plugged theirs off and the others are in split levels which sit three to four feet higher. When asked if the other houses have flooded, Ray stated he plugged off his floor drain and shower but failed to do the toilet and when it backed up through his toilet, the other basements were also being flooded. Since then all three have completely blocked everything off. Mrs. Hazen stated that Jim Flisrand has been saying for three months he would get a camera down there and he has done nothing and she would like to know when or what he is going to do about it. She said she is tired of this. It was explained that this has to go through the city's insurance company but the Hazen's feel nothing will be done. Mr Hazen explained that two years ago he fought and fought with the insurance company and every time he turned around he proved them wrong until he finally had to prove the city negligent and he did this by putting in a new sewer line. Now the city is telling him it will be turned over to the insurance company again[ Mrs. Hazen said Jim finally admitted there was an obstruction in the main line and nothing has been done. Ray said he was there on one occasion when a city worker got roots out of the line and he feels this indicates definite trouble in the main line. Joe Bradley stated we will get Jim and Dave Michael's impressions on tape and Mrs. Hazen said she's had their impressions before. Mr. Hazen is asking the city to handle it in the same manner they would do if it was their own house. Bob Graham stated the city needs to look at the legalities of it and our hands are tied and the Hazen's stated the city's hands are not tied as far as putting a camera down the line. All they are asking Js for the city to do what they have been saying they are going to do for three months. Ray said the insurance company will do nothing until we prove whose line it is and that can't be done until a camera is put down there. Jim was asked when this could be done and he said as soon as he could schedule it with a contractor and the council gives him permission to spend the money. Bob Graham asked that Mr. and Mrs. Hazen be notified when this will take place. Jim responded to a question saying he feels the city needs to budget at least $ 2,000.00 for this. Motion by Alderman Graham to authorize the expenditure to photo the sewer line at 909 7th Avenue, seconded by Alderman Rodgers. Motion carried 8--0. At this time the motion to put Jim and Dave on tape and to turn it over to the insurance company was voted on. Motion carried 8--0. Motion by Alderman Collins to enter the Public Utilities Committee minutes of June 12, 1989, into the record, seconded by Alderman Marshall. Motion carried 8-&0. --Street and Alley Committee minutes of June 15, 1989 were presented and reviewed. Motion by Alderman Collins to enter the Street and Alley Committee minutes of June 15, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: Bob Graham gave an update on the DARE program. He received a call from the County DARE Committee stating they could not go through with the agreement Laurel had proposed. They want to pay the Laurel Minutes of the City Council of Laurel Page 7 Council Meeting of June 20, 1989 officer 1/5 of the officer's salary and still have two full time deputies. Bob contacted Alan Crowe and he said this would absolutely not work so Bob called the DARE Committee back and said we could not accept that proposal and that we wanted it as in the original motion. Bob then called the Crime Board in Helena and they agreed that this proposal is a totally inoperable situation and they contacted the County Crime Prevention Board that they would not approve the grant according to that stipulation. Bob said right now we are on record as wanting the original motion and that is where it stands. The Mayor stated that Don Cahill resigned from the Board of Adjustment and if anyone is interested in serving on this board to let him know because the position needs to be filled by the second Tuesday in July. Donna Kilpatrick stated she had a complaint that flowers are being stolen from the cemetery. This is the third year in a row that flowers have been taken from the permanent vases at quite an expense to the person. The person suggested that possibly the caretaker could be there later in the evening that week after Memorial Day when all the flowers are still there. This item was referred to the Cemetery Board. Bob Graham stated he has received two calls from individuals complaining that their neighbors yards are trashy. He told them the first step is to have a formal complaint filed at the police station. Alan stated he was not aware of any complaints being made so far. The Mayor stated that the city has received numerous weed complaints and some letters have been sent out. He said we do have cooperation from some of the banks and financial institutions for the first time this year on property they have taken back. Joe stated the biggest problems now people who do not live in this area. with these lots is to have the city taxes. are the individual lots owned by The only thing that can be done mow them and put the cost on the Joe suggested that a public hearing be scheduled for July 18th regarding Cable TV. This would not be a meeting to decide anything, but rather to receive complaints or comments the citizens might have regarding the cable franchise. Les Hilliard from Cable TV will be there to answer any questions and it will be advertised one time in the newspaper. Due to the schedule of events coming up, the Fire Committee will not meet on June 26th. The next council meeting will be held on Wednesday July 5th. The Mayor appointed Donna Kilpatrick to complete the term of Velda Thomas on the Planning Board. Velda verbally resigned due to health problems. Motion by Alderman Dickerson to accept the Mayor's appoint~nent of Donna Kilpatrick to fill the remaining term of Velda Thomas on the Planning Board, seconded by Alderman Orr. Motion carried 8--0. There being no further business to come before the Council at this time, the meeting was adjourned at 8:25 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 5th day of July, 1989. of ATTEST: Donald L. Hackmann, City Clerk