Loading...
HomeMy WebLinkAboutCity Council Minutes 04.15.1986 Minutes of the City Council of Laurel April 15, 1986 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 7:05 p.m., on April 15, 1986. COUNCIL MEMBERS PRESENT: Ervin Wood Chuck Dickerson Donna Kilpatrick Donald Meyers Mel Krug Rob Harris L. D. Collins COUNCIL MEMBERS ABSENT: Norman Orr INVOCATION: Invocation given by Alderman Krug. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of April 1, 1986, as presented, seconded by Alderman Krug. Carried. CORRESPONDENCE: Received a letter from the Laurel Garden Club, signed by Jean Bartley, President; Vivian Southerland, VP; and Elsie Johnston, Civic Beautification Chairman, wanting to go on record as being opposed to building a parking lot in any part of Fireman's Park. Received letters from Maye Dewing, Nancy Lukenbach, Agnes Nordahl, and Lillian Lehner, members of the Unity Garden Club, opposed to converting a City park into a parking lot. Received a letter from Lois C. Boylan in protest converting Fireman's Park into a parking lot. Received a letter from the Department of Commerce, Montana Economic Develop- ment Board, regarding the Montana cash anticipation program and the Inter- mediate Term Capit~l program. Received a letter and an agenda regardiqg an animal control meeting in Butte on April 26th and 27th. Received the March minutes and activity report from the Air Pollution Control Agency. Received a memo from State of Montana, Department of Commerce, regarding a Development Finance Workshop in Wolf Point on April 29th. Received a notice from the Montana League of Cities and Towns regarding a meeting on liability insurance to be held in Billings on Wednesday, April 30th, 1:30 p.m., at the City of Billings library. The City Clerk read a notice that will be published in the Laurel Outlook regarding a public retirement reception for Celia Easton, on April 25th, from 2:00--4:30 p.m. Received a letter from BN regarding a delivery zone in the area of the 300 block on East Main. This was referred to the Parking Committee. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENT: The City Clerk and City Treasurer's Financial Statement for the month of March was presented for approval. Motion by Alderman Harris to approve the City Clerk and City Treas- urer's Financial Statement as presented, seconded by Alderman Dickerson. Motion carried 7--0. PUBLIC HEARING - USE OF CITY LAND IN THOMPSON PARK FOR A LIBRARY BUILDING: This being the time and place advertised, a public hearing was held. Proponents: Peg Arnold, Librarian stated that some of the library standards indicated that it be centrally located and accessible to the handicapped. The park site offers this because it could be built on one level. Chuck Goldy, Architect for the project stated this is just a preliminary design. I feel it provides a central location for the various schools and post office. It is in a residential area and not nearly as conjested as downtown. We would be able to offer 25 off-street parking spots -- some for the handicapped. Peg Arnold other locations were checked into; none of them were as centrally located and none of these sites were available for this cost. Joe Bradley asked how much daily use it would get. Would it add to the traffic? Chuck Goldy felt the traffic flow is already there from the high school. I feel it will not increase the traffic. You will have people parking there at night. Peg Arnold felt that if it was more centrally located, it would give the p ge2 Minutes of the City Council of Laurel people an opportunity to walk instead of drive. Joe Bradley asked if the new library Would be adequate for years to come, or would it have to be built onto. Chuck Goldy stated the City of Laurel will not reach the population that the library will serve for a number of years; yet it's not over sized. Keith Thompson stated a park is for a nonrcommercial recreational and relaxing opportunity. Not everybody's recreational activities are physical. If you think of your relaxation and your recreation in a mental sense, it fits to have the library there. Otto Preikszas gave several points of why he's for the new library loca- tion: (1) It's near the high school, and high school students could walk over and use the facility. (2) The present library needs more space. (3) Some of the other sites that were checked into are too costly. Campbell Calvert felt the new library would be more accessible to handicapped people. Louie Yovetich stated he is not opposed to a new library; I would like to see it stay downtown. Opponents: John H. Smith I feel it's a very poor use of park land. I feel it should stay downtown. Marvin Carter is opposed to putting the library in a park. We don't have a lot of land for parks. Thompson Park has been the "only" park for years. It saddens me to see a building go in a place that has been designated as a park. Motion by Alderman Meyers to close the public hearing, seconded by Alderman Dickerson. Motion carried 7--0. L. D. Collins asked Cal Cumin what he had to say on this new proposed library site. Cal Cumin stated this has never been referred to the City-County Planning Board. Don Meyers What about taking park land? You said one time in the past we couldn't take park land. Cal Cumin Was this dedicated park land? Joe Bradley No, it's not. It was deeded outright to the City in the 1930s. You can take park land even if it's specifically dedicated as long as you go to the vote of the people first. We won't have to go to a vote, I don't think. Don Meyers Is there any way that this library can be combined with the school system? So that in the future it can save the taxpayers some money? Peg Arnold I think in a community our size it would not work. Donna Kilpatrick feels parks are very dear to her. However, she feels that one plot of land could not make that much difference. Joe Bradley The Council might want to consider the expansion of City facilities. Bob Gauthier The primary concern of this public hearing is to find a site for the grant application. A resolution was presented to authorize the Mayor to sign a grant, appli- cation. RESOLUTION NO. 2193 AUTHORIZING THE CITY OF LAUREL, MONTANA, BY AND THROUGH ITS MAYOR, TO MAKE AN APPLICATION TO THE STATE OF MONTANA LIBRARY SERVICES ADVISORY COUNCIL FOR FINANCIAL ASSISTANCE, AUTHORIZING THE MAYOR TO SIGN ANY APPLICATION FOR THE SAME, UNDER THE LIBRARY SERVICES AND CONSTRUCTION ACT, TITLE II. Motion by Alderman Kruq that Resolution No. 2193 be passed and adopted, seconded by Alderman Meyers. Motion carried 7--0. Joe Bradley let the minutes reflect that the Council does not by this motion intend to forever tie the City down to putting it in this spot. JIM KAERCHER~ HKM - WASTEWATER TREATMENT PLANT AND WATER SYSTEM ANALYSIS III AND TASK II. Jim Kaercher stated on Phase III we will be providing estimates this week page3 MinUtes of the City Council of Laurel which are being finalized. Phase II which consists of a water system analysis and involves analyzing the existing system for future expansion. Phase I was analyzing the existing system and looking at the improvements needed for the current system. Task II or Phase II should be completed by the end of the month. Jim presented a punch list dated April 7, 1986, concerning the Wastewater Treatment Plant. We charge a 5% retaining fee against the contractor. He (the contractor) has taken care of the majority of the items on the punch list and demonstrated a will to complete the project, and we are reducing the retainage of 5% which is $186,000 down to the equitable amount for items remaining on the punch list which consists of, in our approximation, $33,000. Jim Kaercher reviewed the punch list with the Mayor and Council and showed them how they arrived at the $33,000. Discussion followed on if the $33,000 would cover it or what if Volk says they need $50,000. There is a one-year guarantee from January 1st on the project. Jim stated he will write a letter and state that the City, if you do elect to, has decided to reduce the 5% down to these remaining items and we will process the payment request. But payment will not be made until you present a documentation showing the people you owe money to. We will put a further stipulation on there that the work has to be done within the next two months. If it isn't we will take the money and do it ourselves. Ken Tolliver, attorney from Billings, states I've been contacted by a company called Atara out of New Jersey who is a supplier for specialized equipment in the treatment plant. We have been attempting to arrange final payment from Volk Construction for some months. On the 8th of April a representative from Atara came to Laurel to meet with Volk to try to finalize their negotiations in terms of adjustments back and forth. I met with the representative from Atara and told him a poor settlement is better than a bad lawsuit, or a good lawsuit. Go out there and agree to anything they want more or less and get it over with. He did that. We then prepared a document to assign a portion of this retainage to Atara as a subcontractor in the amount that had been agreed with Volk's representative. The Atara representative then flew to Great Falls to present their document to Volk. Volk refused to sign it. They said some things to us about wanting us to participate in future litigation before we got paid, which is not Atara's intent. They indicated to Atara that they intend to close down their construction operation, so Atara reported to me. Atara is one subcontractor that is very concerned. We have not been paid in full for the specialized equipment in that plant. Since it has not been paid, perhaps you own it - maybe we do. I'm very concerned. They are very concerned. I want to express to the Council we don't want to look to the bonding company in a suit against the bonding company for recovery 3 or 4 years d0wn the road. We feel we are entitled to be paid. We have tried to make request for joint checks. I have contacted HKM, Mr. Longo and Mr. Bradley. All we have heard so far is we are going to distribute the money to Volk. If that happens Atara, I'm afraid, is going to be damaged and they will not be paid for what they have furnished. It'sin the neighborhood of $30,000. I don't think that the City should necessarily take the view that the subcontractors have no recourse against the City. I think the City should act to do justice to all subcontractors. Jim Kaercher It's sort of a catch-22 situation. Do you release the money and hope Volk pays or do you just sit back and nobody gets paid? Jim stated maybe because of the concern for the City, maybe we should back off and ask Volk for that letter of items and push for a joint check. Ken Tolliver asked as an owner don't you, the City, have the right to demand the general contractor to furnish the project free and clear of material and claims? Joe Bradley felt the letter is still the best idea. Lets start out with the list of what they owe. Motion by Alderman Krug to table this item until the next Council meeting, seconded by Alderman Meyers. Motion carried 7--0. Water Systems Analysis III: Jim Kaercher stated HKM has made a committment to Jim Flisrand and the City. We will take the System Master Plan as adopted by the City. It will be completed and then adopted. Then in a month's time we will go through this analysis and propose the possibilities of assessment methods. page 4 Minutes of the City Council of Laurel Then start the next step: the politic situation of how it's actually going to be adopted. Then set some standards so it will hold up in court and be perpetually maintained. I think that second step is going to take longer than a month. Jim will have an estimate of the cost for the next Council meeting. PHIL GORBY, ADMINISTRATOR OF LAUREL NURSING HOME - ANNEXATION OF LAND TO CONSTRUCT A NEW NURSING HOME: Phil Gorby stated this week he filled out an application for some property that is adjacent to the City. The property is located east of Washington Avenue. Cal Cumin They are just starting their process. You refer it to the Planning Board and we will refer it back. This matter was referred to the City-County Planning Board. A resolution was presented on the Intent to Annex and to hold a public hearing. RESOLUTION NO. 2194 NOTICE OF INTENT TO ANNEX CERTAIN LANDS CONTIGUOUS TO THE CITY OF LAUREL, MONTANA. Motion by Alderman Meyers that Resolution No. 2194 be passed and adopted, seconded by Alderman Krug. Motion carried 7--0. CHERRIE STRECK, PRESIDENT OF GIRL'S SOFTBALL: Cherrie Streck stated they have 33 teams and have currently been using Nutting Park. She asked permission to use Murray Park for girl's soft- ball. They would like to put a backstop up in the southeast corner. This was referred to the Park Committee. ELSIE JOHNSTON PROTESTING PARKING LOT IN FIREMAN'S PARK: Elsie Johnston stated she was the instigator in getting that park going. The main purpose was to beautify that block. It has served its purpose well and it is an established park. I would like to ask you to con- sider seriously to keep it as such as opposed to turning it into a parking lot. Louie Yovetich apologized for the last time he appeared before the Council. He is in protest of turning the park into a parking lot. Consider at1 the people --the late Pete Thompson, Elsie Johnston and these garden clubs that have put many countless hours into the beautification. Once the park is tore up, you will never get it back. The firemen should be up in arms over this. Louie stated the City pays $1.00 per year for that lease from BN. I'm sure no one has checked with BN. The BN is not going to give anything away. If they see someone making a profit off their land they will cancel the lease. I hope the Council will keep the park the way it is. Jean Bartley President of Laurel Garden Club~ ~ou received our letter of protest. My personal feelings are in that letter as well as the Garden Club. Dolly Allen does not want to see this park turned into a parking lot. What the firemen do at Christmastime and the Jaycees on the 4th of July is a real added plus. Otto Preikszas I think the park should be left just the way it is. I feel there never has been a parking problem in Laurel. Most of the time you can find a spot anywhere. The traffic problem would be terrible. You would have the congestion from the underpass and also the traffic coming from the east. Les Thom The only place in the downtown area that you could go and relax and sit in the park is in Firemen's Park. Howard Thom Environmentalist, is in favor of preserving parks. Sara Henderson I'm a public servant also and some of the fondest memories are pictures that are taken in this park. Elsie Johnston is my grandmother. She is a dedicated person to work on these parks. Anqie Thom stated anyone who has never participated in a beautification project, feels it would be awful to blacktop all the work that people have put into this. John H. Smith I'm against using park land for any type of development. Jean Carol Thompson I'm against this park being taken for blacktopping also. The Jaycees use it for the 4th of July. The firemen use it at Christmastime. If it's blacktopped the firemen have no room for expansion. Brent Twitchell President of Laurel Chamber of Commerce, passed around pictures of the proposed parking lot in Firemen's Park. He showed where page 5 Minutes of the City Council of Laurel the lot would actually go, how many trees would be removed. In this case he says only one. The Jaycees could hold their pancake breakfast there and also the dance. That way it would be out of the residential area. Bob Gauthier stated this is not an actual public hearing. We were just to hear Elsie Johnston's protest. Right now it's just before the committee and also we're looking at what the BN will make comments on. At a later date we will have a public hearing and at that time we will hear comments from everybody. Bob Ackerman stated when the library is looking for money they look to the BN. When something goes wrong they (BN) get put down. The lease was set up for the Chamber of Commerce and a museum. We have to look at changes, whether people like them or not. A ten-minute recess was taken at 8:48 p.m. Alderman Wood was excused from the meeting at this time. Meeting resumed at 8:57 p.ml AWARD STREET SWEEPER BID: Jim Flisrand stated the Street & Alley Committee recommends to award the sweeper bid to the lowest bidder which is L & L Equipment. Also the committee recommends not to sell our existing sweeper. Delivery date could be two weeks. Ernie Davis stated the Johnston sweeper being bid through Hall-Perry has not been built yet. Mel Krug also there were two items on the other bid that did not meet specifications. Ernie Davis said in the specs he asked for at least a 10-inch hose for suction, the specs he received Friday from Johnston for Hall-Perry did not meet our specs. Theirs was only a 9-inch hose. Mel Krug The committee recommended purchasing the Sun Vac because it either met or exceeded all specifications. Motion by Alderman Dickerson to accept the bid from L & L Equipment in the amount of $81,310 with financing to be determined at a later date and to reject all bids for items 3, 4, and 5, seconded by Alderman Krug. Motion caried 6--0. This was the lowest bid that met specifications. RESOLUTIONS - FIRE DISTRICT AGREEMENTS: The following resolutions were presented: RESOLUTION NO. 2195 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 5, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderman Meyers that Resolution No. 2195 be passed and adopted, seconded by Alderman Harris. Motion carried 6--0. Discussion followed. This is a $5,500 increase over last year. RESOLUTION NO. 2196 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 Meyers that Resolution No. 2196 be passed and adopted, seconded by Alderman Dickerson. Motion carried 6--0. Discussion regarding an increase which is $2,277 over last year. RESOLUTION NO. 2197 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND CARBON COUNTY FIRE DISTRICT NO. 8, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderman Harris that Resolution No. 2197 be passed and adopted, seconded by Alderman Dickerson. Motion carried 6--0. Rob Harris mentioned this was a $127 increase over last year. RESOLUTION NO. 2198 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderman Meyers that Resolution No. 2198 be passed and adopted, seconded by Alderman Krug. Motion carried 6--0. page 6 Minutes of the City Council of Laurel Rob Harris mentioned this is a $62 increase over last year. BUILDING CODE ORDINANCES: Jim Flisrand stated there is a 90-day deadline on these codes. The State does not adopt them until the end of that period. Chuck Dickerson asked why this did not go before the Parking and Public Buildings Committee. Jim Flisrand explained the building codes are put out every third year by ICBO. All the States will adopt portions of those codes. It's building, plumbing, mechanical type codes. Whatever the State adopts, we must adopt. If we do not adopt it, then we can't enforce it. Since these ordinances were not prepared yet a Special Meeting was called for Thursday, April 17th at 5:00 p.m. There will be another Special Meeting immediately following the first one to consider an ordinance for assessment of fire department costs to non- residents. PERSONNEL COMMITTEE: Comp Time Policy Resolutions were presented to establish comp time policies for exempt and non-exempt policies according to FLSA. RESOLUTION NO. 2199 ESTABLISHING A COMPRENSATORY TIME OFF POLICY OR NON-EXEMPT, NON-UNION EMPLOYEES ACCORDING TO THE 1985 AMENDMENTS OF THE FAIR LABOR STANDARDS ACT. Motion by Alderman Dickerson that Resolution No. 2199 be passed and adopted, seconded by Alderman Harris. Motion carried 6--0. RESOLUTION NO. 2200 ESTABLISHING RULES FOR THE ACCRUAL, ACCUMULATION AND USE OF COMPENSATORY TIME OFF WORK BY CERTAIN CITY OFFICIALS. Motion by Alderman Krug that Resolution No. 2200 be passed and adopted, seconded by Alderman Meyers. Motion carried 6--0. COMMITTEE REPORTS: --City Council Committee as a Whole minutes of April 1, 1986, were presented and reviewed. Motion by Alderman Meyers to enter into the record the City Council Committee as a Whole minutes, seconded by Alderman Krug. Motion carried 6--0. --Police Committee minutes of April 3, 1986, were presented and reviewed. Motion by Alderman D±ckerson to enter into the record the Police Committee minutes of April 3, 1986, seconded by Alderman Krug. Motion carried 6--0. --Public Utilities Committee minutes of April 7, 1986, were presented and reviewed. Motion by Alderman Meyers to enter into the record the Public Utili- ties Committee minutes of April 7, 1986, seconded by Alderman Dickerson. Motion carried 6--0. --Budget/Finance Committee minutes of April 8, 1986, were presented and reviewed. Motion by Alderman Harris to purchase the 1-Ton truck for $4,.400 out of the Sewer Fund, seconded by Alderman Meyers. Discussion followed on taking the funds from Dave's truck and equipment rental which would total $4,400. Question called for on the motion. Motion carried 6--0. Motion by Alderman Harris to enter into the record the Budget/Finance Committee minutes of April 8, 1986, seconded by Alderman Dickerson. Motion carried 6--0. --Ambulance Committee minutes of April 8, 1986, were presented and reviewed. Discussed ambulance charge increases and deletions. A resolution will be presented May 6th. Discussion followed regarding if our ambulance could get reimbursed from the Billings Ambulance for a recent call our crew went out on. Motion by Alderman Dickerson to enter into the record the Ambulance Committee minutes of April 8, 1986, seconded by Alderman Meyers. Motion carried 6--0. past7 Minutes of the City Council of Laurel --Street & Alley Committee minutes of April 10, 1986, were presented and reviewed. Motion by Alderman Kruq to enter into the record the Street & Alley Committee minutes of April 10, 1986, seconded by Alderman Harris. Motion carried 6--0. --Fire Committee minutes of March 10, 1986, were presented and reviewed. Motion by Alderman Harris to enter into the record the Fire Committee minutes of March 10, 1986, seconded by Alderman Krug. Motion carried 6--0. --Fire Committee minutes of March 31, 1986, were presented and reviewed. Motion by Alderman Harris to enter into the record the Fire Committee minutes of March 31, 1986, seconded by Alderman Krug. Motion carried 6--0. --Fire Committee minutes of April 7, 1986, were presented and re~ie~ed. Motion by Alderman Harris to enter into the record the Fire Committee minutes of April 7, 1986, seconded by Alderman Meyers. Motion carried 6--0. --Asphalt Supply Review Committee minutes of April 9, 1986, were reviewed. They were not typed up yet. Discussion followed. From now on each member of the committee will receive a copy of the minutes. Discussion on hiring a chemical engineer. One reason is to evaluate and pinpoint where the odor is coming from and another if Asphalt Supply pro- poses how to solve the problem. We are no experts. We want someone to review them and tell us if they are likely to work or not. Asphalt Supply will not contribute with the cost of hiring an engineer. The City would have to pay for it. (These minutes will be entered into the record next meeting.) COMMENTS FROM AUDIENCE: none MAYOR'S COMMENTS: Bob Gauthier stated there will be budget meetings next Monday, Tuesday and Wednesday. From 4:00 until 6:00 p.m., Monday will be: Street, Gas Tax, Snow Removal and Sweeping. Tuesday will be: Water Plant and Systems. Wednesday will be: Sewer Plant and Systems. Mel Kruq brought up the Ramsey building. There will be a Building Committee meeting Tuesday, April 29th at 5:30 p.m. Joe Bradley brought up the fact of building fences in the front yards not to exceed 3 feet. Jim Flisrand should not issue any fence permits until this is taken care of. The Mayor will write a directive on this matter. Jim Flisrand stated the American Legion wants to build on. He will check their lease and see if this is feasible. Jim also was contacted by Rev. Willis of Calvary Baptist Church. The church is tearing down a building which is located outside the City limits and hauling it to the landfill. They have requested not to be charged for using the landfill. Motion by Alderman Meyers to charge Calvary Baptist Church for land- fill use, seconded by Alderman Dickerson. Motion carried 6--0. Chuck Dickerson stated there will be a License Committee meeting April 23rd at 6:00 p.m. Jim Flisrand said he has not heard from the State yet on a lease for the transfer station on State property. Jim will get ahold of the State before Monday. There being no further business to come before the Council, the meeting was adjourned at 10:18 p.m. ~~ Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 6th day of May, 1986. Bob~Ga/ut hie~ Donald L. Hackmann, City Clerk