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HomeMy WebLinkAboutCity Council Minutes 12.16.1986MinUtes of the City Council of Laurel December 16, 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 7:03 p.m., on December 16, 1986. COUNCIL MEMBERS PRESENT: Donna Kilpatrick Mel Krug L. D. Collins COUNCIL MEMBERS ABSENT: Ervin Wood Donald Meyers Rob Harris Norman Orr Chuck Dickerson INVOCATION: Invocation given by Reverend Paul Peterson. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of December 2, 1986, as presented, seconded by Alderman Orr. Carried. CORRESPONDENCE: Received a "thank you" card from the Library employees and Board of Trustees for the City Christmas party. Received an Interim Construction Inspection Report and the Operation and Maintenance Analysis Report on the Wastewater Treatment Plant from the State of Montana Water Quality Bureau. Received an update and synopsis from the Northwest Power Planning Council. Received the November Activity Report from the Yellowstone County Air Pollution Control. Received a letter from the Department of Commerce, Building Codes Bureau, regarding a Certified Code Enforcement Program Report. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENT: The City Clerk and City Treasurer's Financial Statement for the month of November, 1986, was presented. Motion by Alderwoman Kilpatrick to approve the City Clerk and City Treasurer's Financial Statement for the month of November, 1986, seconded by Alderman Harris. Motion carried 6--0. The Mayor asked everyone to be careful with their spending. He said the budget figures are fairly close, but the cash is what is hurting. He stated that if you don't need something, to please hold off for awhile. AWARD USED VEHICLE BIDS: Motion by Alderman Meyers to accept all high bids except the bid on the 1962 crew cab and award that to Dick Metzger for $60.00, seconded by Alderman Orr. Discussion followed. Joe Bradley In the matter of the informalities in the bid, the Council can really do anything it wants. It can throw out the $105.00 bid because of the technical defect. You have the power to do that. You can waive that infor- mality because you know which pickup the bid is on and so you can accept the $105.00 bid or you can throw them all out and just sell it to somebody else, or contact the original bidders and ask them to bid again. You didn't have to go out for a bid on this at all. The fact that you did, you should still play by the rules, but the idea of the bid was to get the highest price, so you can throw out the bid on a technical default, but you can also accept the highest price, which seems to be the object of the bid procedure. I don't think anybody is going to be able to complain, no matter what you do. Ernie Davis I was the one that originally brought the suggestion to the Budget/Finance Committee, to sell these so that we could pick up some money. When I originally wrote up the first article, the only information I had as per years of these vehicles was on a print-out that Pat Johnson typed up approximately 2 or 2½ years ago. It's just a little deal that shows every department what vehicles are assigned to what~ department. Under water plant it had '67 Dodge crew cab. I wrote the deal up right before Budget/Finance it went through their minutes as a '67. Don Hackmann came to me in a day or two and said, "My papers say it's a '62". I had asked Dave and he said he wasn't sure. It could have been a '62 or a '67, as listed on the paper that shows all of our vehicles. I had intended on bidding on that vehicle from the beginning. I had written up a bid. I left it blank. When the meeting was held the other night, the first thing that was said by Mel Baker was, "That wasn't the vehicle that you were bidding on." I identified the vehicle as a Dodge crew cab. There's only one. I identified the vehicle by its license pla%enumber. There's no two of them over there with the same license plates. I no way tried to deceive or decept the Council or the City in any way with a bid sayinq it was a '67. In fact, I had to call the Outlook back to get Debbie to stop the ad from '67 because the article I had taken over there said a '67. There are at least three or four of the City employees who know which vehicle I was bidding on. I'm sure they would stand up and say they page2 Minutes of the City Council of Laurel know I was bidding on the blue Dodge crew cab, if asked. If the Council feels I've been deceptive or ignorant or whatever else they want to say, that's fine, but I made an honest, legitimate bid on that truck. I spoke with Jim Redman prior to bidding on it. I said, "What's the truck worth in your estimation?" He said, "$125.00." I said, I felt like it was worth at least $100.00 and I hoped that we get at least $100.00 out of every vehicle. That's why I bid $105.00 because I figured somebody would bid at least $100.00. I was under the assumption he might bid on it but he didn't. He bid on two others. But I no way tried to pull anything over to try to get something that I still feel I'm high bid on. Thank you. Donna Kilpatrick What was finally advertised? Ernie informed the Council that it had been advertised as a 1962, which was correct. Question was called for on the motion. Division of the house: Aldermen Orr, Harris, Krug and Collins voted, "NO," and Alderman Meyers and Alderwoman Kilpatrick voted, "YES." Motion failed 4--2. Motion by Alderman Harris that all high bids be accepted except the one for the 1962 Dodge crew cab, which we can put back out for bid to the two parties involved, who are Ernie and Dick, and have them rebid them on a closed bid, seconded by Alderman Krug. Motion carried 5--1 with Alderwoman Kilpatrick voting, "NO." LANDFILL CONTRACT: Donna Kilpatrick felt that she had been misinformed about how much the City would save with the Landfill Contract. Joe Bradley The Mayor can't veto it now because the meeting has already started. He had to do it before the meeting, so he won't be able to veto it. Now, we do have a procedure in the code that allows you to reconsider any action that you took at the last meeting. To do that you would have to pass a motion to reconsider by a majority vote. The. way our system works, that would bring the original resolution up for discussion again. Now whether I recommend that you do that or not is the question. I'm not saying that we can't do it, that we couldn't win a law suit over going back on that, but it definitely would not look good and we'd be on the defensive. Usually, when the Council passes a resolution awarding something like that, it's final. Although we do have the right to reconsider, but whether that can effect a contract that has been entered into, that's an undetermined question. So I think it would be tough to do that and I'm not saying we wouldn't win a claim like that, if we went back on it, but it would be tough to win and we would certainly be on the defensive in that kind of case. Now what's the terms of this contract? It's two years with an option to renew for a third? Is that right? The option to renew is mutual or just on his part? So I guess if you stick by this, it's for two years. Motion by Alderwoman Kilpatrick to reconsider Resolution No. 2261, seconded by Alderman Collins. Division of the house: Aldermen Orr, Meyers, Harris and Krug voted, "NO." Alderwoman Kilpatrick and Alderman Collins voted, "YES." Motion failed 4--2. COMMITTEE REPORTS: --City Council Committee as a Whole minutes of December 2, 1986, were presented and reviewed. Motion by Alderman Krug to enter the City Council Committee as a Whole minutes of December 2, 1986, into the record, seconded by Alderman Collins. Motion carried 6--0. --Public Utilities Committee minutes of December 8, 1986, were presented and reviewed. --Public Utilities Committee minutes of December 11, 1986, were presented and reviewed. Motion by Alderman Meyers to accept the committee's recommendation that whatever Dewey E. Massey, 102 Woodland, does in regards to his meter, it will be at his own expense, seconded by Alderman Krug. Motion carried 6--0. Motion by Alderman Meyers to accept the committee's recommendation that Jr. Fink, 309 3rd Avenue, pay his bill or have his water shut off, seconded by Alderman Orr. Motion carried 6--0. LIFT STATION: There was discussion regarding a new lift station on the east end of town. A proposal for engineering service was received from James L. Worthington from Cashell Engineers in the amount of $5,000.00. Motion by Alderman Meyers to accept the proposal from Cashell Engineers (James Worthington) in the amount of $5,000.00, seconded by Alderman Harris. page3 Minutes of the City Council of Laurel The motion and second was withdrawn and the Council wants Jim Flisrand to contact other engineers for proposals. Motion by Alderman Meyers to enter the Public Utilities Committee minutes of December 8th and December llth, 1986, into the record, seconded by Alderman Krug. Motion carried 6--0. --City-County Planning Board minutes of December ll, 1986, were presented and reviewed. Motion by Alderman Krug to enter the City-County Planning Board minutes of December 11, 1986, into the record, seconded by Alderman Collins. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: none POLICE PATROLMAN: The Laurel Police Commission recommended that Eric Adams be appointed to the position of Police Patrolman for a probationary period of one year beginning January 19, 1987. The Mayor appointed Eric Adams to the position of Police Patrolman for a probationary period of one year, beginning January 19, 1987. Motion by Alderman Harris to confirm the Mayor's appointment of Eric Adams to the position of Police Patrolman for a probationary period of one year beginning January 19, 1987, seconded by Alderman Meyers. Motion carried 6--0. MAYOR'S COMMENTS: The Mayor apologized for being late. The Mayor asked for permission to dispose of Laurel's old computer. There is no longer available software for it. The Laurel School District, the Billings School District, Vo-tech, and a Junior College were contacted, but they had no use for it. Motion by Alderman Krug to give the Mayor permission to dispose of Laurel's old computer (NCR 8150), seconded by Alderman Harris. Motion carried 6--0. Jim Flisrand informed the Council of the Street & Alley Committee meeting scheduled for Thursday night. One item on the agenda is that there is some concern with the alley south of the Yellowstone Bank and it will be discussed Thursday night. The bank feels the alley needs repair. There being no further business to come before the Council at this time, the meeting was adjourned at 7:55 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 January, 1987. ATTEST: Donald L. H~ckmann, City Clerk