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HomeMy WebLinkAboutCity Council Minutes 02.04.1986Minutes of the City Council of Laurel A regular meeting of the City Council of the City of Laurel, Montana, mas held in the Council Chambers and called to order by Mayor Bob Gauthier at 7:00 p.m., on Febraury 4, 1986. COUNCIL MEMBERS PRESENT: Ervin Wood Donna Kilpatrick Mel Krug L.D. Collins Chuck Dickerson Donald Meyers Rob Harris Norman Orr COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation given by Alderman Krug. MINUTES: An amendment to the minutes first, motion by Alderwoman Kilpatrick to amend the minutes on pmge 7, to read "yes" instead of "no" when Ernie Davis responded to a question from Donna Kilpatrick, seconded by Alderman Krug. Motion carried 8-0. Motion by of January 21, 8-0. Alderman Meyers to approve the minutes of the regular meeting 1986, as amended, seconded by Alderman Orr. Motion carried CORRESPONDENCE: Received a letter from the Department of Health and Environmental Sciences, Water Quality Bureau, regarding construction change order number 6 on the Waste Water Treatment Plant. Received a letter from EPA, Denver office, regarding attorney fees and a demand for arbitration on claims amounting to approximately $490,000. Received a copy of a letter from Joe Bradley and B.E. Longo to American Arbitration Association. Recelved a letter from Department of Health and Environmental Sciences, Water Quality Bureau, regarding a schedule of meeting for February 5, 6, 1986. Received a letter from Department of Natural Resources and Conservation, Water Resources Division, regarding application quidelines and forms for the Water Development and Renewable Resource Development grant and loan programs. Received an update from the Northwest Power Planning Council. Received a letter from United Way a needs assessment and priorities decisions on funding requests. of Yellowstone County, Inc., regarding study to assist its volunteers in making Received a memo from Department of Commerce, Local Government assistance Division, regarding recent developments with the Montana CBBG Rrogram. Received 2 copies of the Emergency Warning plan for Billings and Yellowstone County. One copy was given to the Police and Fire Oepartments and the other to the Director of Public Works. Received a copy of a letter Company, regarding a Square (WWTP) to Volk Construction from Midland Electric D School scheduled for the last week in February. Received correspondence from the Shining Mountain Chapter of the Daughters of the American Revolution regarding "National American History Month" The Mayor proclaimed February as "National American History Month". Motion by Alderman Meyers to confirm the Mayor's procla::~tiOn , seconded by Alderman Harris. Motion carried 8-0. Received a letter from Tuthill Corporation, Pump Division, advising the City of a lien placed against the equipment installed at the Waste Water Treatment Plant because of non-payment by Volk Conbtruction. Received a copy of a letter written by Phil R. Mot!row to Volk Construction, regarding non-payment for work done at the Waste W!ater Treatment Plant. CLAIMS: Claims for the month of January 1986, werle reviewed by the Budget/ Finance Committee and recommended that they be pai:d. Minutes of the City Council of Laurel page 2 Motion by Alderman Harris to pay the claims for the month of January, seconded by Alderman Dickerson. Motion carried 8-0. PROGRESS REPORT - WASTE WATER TREATMENT PLANT: Jim Kaercher, HKM Associates, presented a written and oral report on the progress of the Waste Water Treatment Plant. Construction is approximately 99.4% complete. Jim reported that they have reached substantial completion of the project which was issued to Volk Construction on January 24th. What this means is that it stops the liquidated damages period to the Contractor. If there is any damages ~ncurred by the City for extra expenses, it will not be levied against the contractor after that date. There still is a 5% holdback in the amount of about $186,000. Volk has requested release of the holdback, but Jim replied that this money needs to be retained until Volk gives lien waivers to the suppliers and sub-contractors. There is a payment bond that protects the City against someone who has not been paid on the project. The bond is a Surety Company that covers the City in case of non-payments by the contractor. Joe Bradley mentioned that there is a definite statutory procedure for making a claim. A Claimant should send a formal demand letter to the City. The best thing to do is to advise them to see their own attorney. Jim mentioned that a copy of the letter should be sent to MKM, the City and the Surety Company, so that everybody is informed of the situation. Jim went on to say that substantial completion has been reached, but the project is not totally complete. There still is a "punch list" to complete. Substantial completion also means that the City should be looking at insurance for the facility now. This relieves the contractor of having insurance on the plant. **Clerk's note: In checking with Williams Agency on 2/7/86, the plant is fully insured. Landfill: Alderman Meyers brought up for discussion about a transfer site at the landfill. The garbage would be collected, then transferred to another landfill. He would like to go out for bids and get some cost comparisons with the way we handle it now. Oon is requesting that Ernie, Jim and the committee be authorized to draw up some specifications. Discussion. Phil Curry questioned what would be done with the man at the landfill if it was closed, and about the hours that was negotiated during the last contract that one of the garbage men hours would be changed to where he would be working until 6:00 o:clock in the evening, but that has never been implemented. Alderman Meyers responded by saying that he knows that has been there, but it is still costing to much money to run the landfill and if we had to buy more new equipment, we just couldn't afford it. Jim would still be the foreman of the garbage department, but he will probably be in a truck. Motion by Alderman Meyers to authorize the Public Health and Garbage Committee to draw up specifications for a transfer site for the Landfill, seconded by Alderman Harris. Motion carried 8-0. DIGGING PIT AT LANDFILL: Ernie Davis, Maintenance Director, said that we are getting in a bind right now and need more pit area dug. He would like to lease equipment and have a man work 5 days a week, 10 hours a day for a month. Based on a grade 14, wages would be $2,450.00, fuel $750.00 and lease of equipment $3,800.00 for a total of $7,000. By doing it this way, he figures to move a minimum of 12,500 yards of material in one month. It would cost about $12,000 to have a contractor do it. Discussion. Motion by Alderman Meyers equipment and get the pit dug, 8-0. to authorize Ernie Davis to seconded by Alderman Krug. rent the necessary Motion carried Minutes of the City Council of Laurel page 3 PARKING SPACES AGREEMENT: A resolution was presented to renew the parking spaces agreement with Yellowstone Bank. RESOLUTION NO. 2183 APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE YELLOWSTONE BANK OF LAUREL, SAID AGREEMENT RELATING TO PARKING SPACES. Motion by Alderman Meyers that Resolution No. 2183 be passed and adopted, seconded by Alderman Krug. Motion carried 8-0. SNOW REMOVAL ORDINANCES: Two ordinances were presented. ORDINANCE NO. 829 (lst reading) ADDING SECTION 11.13.010, DUMPING SNOW ON PUBLIC PROPERTY PROHIBITED, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 829 (lst reading), be passed and adopted, seconded by Alderman Krug. Upon taking a roll call vote, all aldermen present voted "yes". Motion oarried 8-0. ORDINANCE NO. 830 1st reading) ADDING SECTION 11.13.100, PENALTIES TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 830 (lst reading), be passed and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all aldermen present voted "yes". Motion carried 8-0. LITTLE SCOTTIE MOBILE HOME PARK: Rick Leuthold, from Sanderson, Stewart and Gaston engineering firm, re- presenting Lee Plummer in the development of Little Scoktie Mobile Home Park, made a presentation. He stated that on January 9th, a meeting was held with the City/County Planning Board and received conditional approval of the preliminary plat, with four conditions. 1. Subject to approval of sewer connections 2. Subject to a varience by the Board of Adjustment 3. The improvements be constructed before the fina. 1 plat is submitted 4. That the final plat be consisting of 1 lot in 1 block On February 3rd, a meeting was held with the Utility Board and got their approval on the method of sewer connections. We have opted to go four individual services tying into the sewer line and serving one line for two mobile home units. On January 14th, the Board of Adjustments granted approval of a variance. The Laurel subdivision regulations require a mobile home park to be on approximately 2 acre~ of land and this one is about 1 acre, therefore requires approval of a variance. The other items which the plat is subject to: will be taken care of after the Council grants preliminary approval of the plat. After granting prelimin.~ry approval, Mr. Leuthold will take it to the State Department of Health, who would review it and grant a license to the owner. The improvements would be installed per the subdivision improvement agreement and the items on the preliminary plat. A final plat would then be sub- mitted to the Council for approval, before occupancy would be allowed. Mr. Leuthold requested that the Council approve the preliminary plat. Cai Cumin stated that everything has been pretty well covered and that the approval tonight is binding on this Council and the developers. The only other thing is the landscaping plan, which needs to be approved by Mr. Cumin, before approval of the final plat. Discussion. Minutes of the City Council of Laurel page 4 Chuck Dickerson brought up the fact that this mobile home park has not applied for a City business license. Lee Plummet stated that he mas not amore that a business license mos needed, or he mould have taken core of it alreody. Discussion. Motion by conditions for carried 8-0. Alderman Dickerson to add "obtaining a City license" to the finol approval, seconded by Aldermoman Kilpatrick. Motion Discussion about the sewer availability charge being $1,400.00 RESOLUTION NO. 2184 CONDITIONALLY APPROVING LITTLE SCOTTIE MOBILE HOME PARK AND AMENDING LOTS 3--13, BLOCK 2, OF MOGAN SUBDIVISION, LAUREL, YELLOWSTONE COUNTY, MONTANA. Motion by Alderman Meyers that Resolution No. 2184 be possed and adopted, seconded by Alderman Krug. Motion carrled 7-1, with Alderman Wood voting "no". TRANSFER OF FUNDS: The City Clerk presented a Resolution to transfer funds in payment of a loan by SID 96 Bond Sinking to the SID Revolving Fund. RESOLUTION NO. 2185 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL,MONTANA. Motion by Alderman Meyers that Resolution No. 2185 be passed and adopted, seconded by Alderman Harris. Motion carried 8-0. COMMITTEE REPORTS: ---Budget/Finance committee minutes of February 4th, 1986 were reviewed. City Hall Boiler - discussed a proposal from F.Bo Services for repair maintenance of the boiler at City Hall in the amount of $634.00. The committee recommended accepting the proposal. and Motion by Alderman Harris to accept the proposal from F.B. Services in the amount of $634.00, seconded by Aldermon Dickerson. Motion carried 8-0. Oil Severance Money The City budgeted $300 for oil severamce revenue and we received $15,345.60. The committee recommends that $7,500 be trans- ferred to the Capital Projects Fund Fire Truck and set up and transfer $7,500 to Capital Projects Fund Library Building. Motion by Alderman Dickerson to accept and approve the Budget/Finance committee's recommendation of transferring money to the Capital Project Funds, seconded by Alderman Krug. Motion carried 8-0. Dave Michael - Purchase Requisitions - Dave requested the purchase of seven items. These are budgeted items and at this time the committee recommends only the purchase of Venturi meters for $5,000, Air Compressor for $600, a pick up truck for $3,000 and a fence around the Village Subdivision Lift Station in the amount of $2,000. Discussion. Motion by Alderman Meyers to accept and approve the Budget/Finance committee's recommendation, seconded by Alderman Dickerson. Motion carried 8-0. (Since the minutes were presented in rough draft, they will be entered into the minutes at the next Council meeting after being typed and distributed,) Minutes of the City Council of Laurel page 5 City Council Committee As A Whole~ January 21~ 1986: Alderman Dickerson stated that he mas about 5 minutes late and that he wanted the minutes to indicate that he mas present. Motlon by Alderman Oickerson to enter the City Councll Committee as a whole minutes into the record, seconded by Alderman Krug. Motion carried 8-0. --- Investment Committee: Investment committeemi mutes of January 29, 1986 were presented and reviewed. Motion by Alderman Meyers to enter into the record the Investment Committee minutes of January 29, 1986, seconded by Alderman Harris. Motion carried 8-0. ---Clty Llcense Committee: City License committee minutes of January 29, 1986 were presented and reviewed. Laurel Refriqeration they are already licensed, hut have changed location. Motion by Alderman Dickerson to approve the license and location change, pending a fire inspection, seconded by Alderman Meyers. Motion carried 8-0. Lingers Glass they are already licensed, but changed location. Motion by Alderman Oickerson to approve the license and location change, pending a fire inspection, seconded by Alderman Meyers. Motion carried 8-0. ---Woblg Distributing Motion by Alderman Dlokerson to grant a City llcense to Wobig Oistri- buting, seconded by Alderman Meyers. Motion carried 8-0. ---Plzza Hut a Special review for a beer and wine license has already been approved and they have received their State license. Motion seconded by by Alderman Dickerson Alderman Orr. Motion to grant a Clty llcense to the Pizza Hut, carried 7-1, wlth Alderman Krug voting Discussion regarding a step by step procedure business license must go through, which would ment. that an applicant for a include the Building Oepart- Motion by Alderman Dickerson to enter the License Committee minutes of January 29, 1986, into the record, seconded by Alderman Meyers. Motion carried 8-0. ---Parks and Recreation committee minutes of January 28, 1986, were presented and reviewed. Memorial Plaque Motion by Alderman Dlckerson to approve the request by Junlor Flnk to place a Memorial Plaque in Russell Park in memory of Lois Russell, seconded by Alderman Krug. Motion carried 8-0. Llghts at Thompson Park Motion by Alderman Thompson Park, seconded Kruq to allow the installation of 5 lights at by Alderman Dickerson. After discussion regarding the installation, payment of electriCity,plans, etc., Alderman Krug wlthdrew his motlon and Alderman Dickerson withdrew his second. Donna Kilpatrick will contact Milt Wester and have him come to the next Council meeting for further discussion. Pool Attendents Motion by Alderman Harris to advertise for swimming pool help, seconded by Alderman Meyers. Motion carried 8-0. Minutes of the City Council of Laurel page Motion by Alderman Dickerson ittee minutes of January 28, 1986, carried 8-0. to enter into the record the Park comm- seconded by Alderman Harris. Motion ---GarbaGe committee minutes of January 27, 1986, were presented and reviewed. Motion by Alderman Meyers to authorize Ernie Davis to purchase a Rotc hammer for installation of wind rings, seconded by Alderman Dickerson. After a discussion about waiting until the next budget, Alderman Meyers withdrew his motion and Alderman Dickerson withdrew his second. Discussion regarding garbage cans being placed in front of a residence vs placing them in an alley. Motion by Alderman Meyers to enter into the record the Garbage committee minutes of January 27, 1986, seconded by Alderman Dickerson. Motion carried 8-0. ---Public Utilities committee minutes of February 3, 1986, were reviewed. Water Line Discussed Ron Walter and Bill Bernhardt's water line. and the City is losing about $25 worth of water a day, dirty water. It is an old line also they are getting Discussion of turning the water line over to them. Motion by Alderman Krug to authorize the repair and or replacement of the water line for approximately $2,500 and to permit only 1 water hook-up for Ron Walters and Bill Bernhardt, and if possible, turn the water line over to them and make a private water line out of it, seconded by Alderman Meyers. Motion carried 8-0. Larry Feragen-Water bill Motion by Alderman Meyers to deny the request by Larry Feragen, 2106 East Maryland, to adjust his water bill, seconded by Alderman Krug. Motion carried 8-0. (These minutes will be entered into the record at the next council meeting.) ---Library Board minutes of January 28, 1986, were presented and reviewed. Motion by Alderman Diokerson to enter into the record the Library minutes of January 28~ 1986, seconded by Alderman Krug. Motion carried 8-0. Comments from the Audience : None. Mayor's comments: The Mayor announced that Maurie Kaiser has resigned from the Ambulance committee and he appointed Jack Galusha to replace him. Bob Western also resigned from the Park committee and he appointed Meccage to replace him. Motion by Alderman Meyers to accept the resignations and confirm the Mayor's appointments, seconded by Alderman Harris. Motion carried 8-0. The Mayor also announced that Grant Lawyer has resigned from the Police Commission, and he has not found a replacement for him yet. Motion by Alderman Krug to accept Grant Lawver's resignation, seconded by Alderman Harris. Motion carried 8-0. Asphalt Supply Committee The Mayor appointed the following committee to study the problem with Asphalt Supply. Dennis Paxinos Joe Bradley Steve Duganz County Attorney's Office City Attorney Air Pollution Control page Minutes of the City Council of Laurel Rod Hartman Glenda Kaufman Elaine Riesinger Donna Kilpatrick L. D. Collins A representative from the Attorney for Asphalt Citizen Citizen Alderwoman Alderman Fire Department Supply Motion by Alderman Dickerson to confirm the Mayor's appointments to the Asphalt Supply Committee, seconded by Alderman Krug. Motion carried The Mayor said he will try to set up a meeting sometime next meek. Mayor Gauthier reminded everyone regarding liability insurance. There is a possibility of four insurance claims, which included the Village Sub- division availabilty charge, Pine Grove Subdivision, Asphalt Supply and Volk Construction. He emphasized caution in any comment you make. Chuck Dickerson announced that the Ambulance Committee will meet at 5:50 p.m. on the 2nd Tuesday of the month. Peg Kamerzel requested permission to leave the State. Motion by Alderman Harris to grant Peg Kamerzel permission to leave the State, seconded by Alderman Meyers. Motion carried 6-2 with Aldermen Dickerson and Alderman Orr voting "no". Peg Kamerzel brought up the discussion regarding Livingston Railroaders living temporarily in campers at Riverside Park. Ernie Davis requested a Personnel Committee meeting after the council meeting. Police Reserve Alan Crowe requested that Tom Canape be appointed to the Police Reserve and the Mayor so appointed. Motion by Alderman Harris to confirm the Mayor's appointment of Tom Canape to the Police Reserve, seconded by Alderman Dickerson. Motion carried 8-0. There being no further business to come before the Council at this time, the meeting was adjourned at 8:45 p.m. Approved by the Mayor and passed by Montana, this 18th day of February, TEST: -~---Oonald L. FF~ckmann, City Clerk the City Council of the City of Laurel, 1986.