HomeMy WebLinkAboutCity Council Minutes 03.05.1985 Minutes of the City Council of Laurel
March 5, 1985
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 Albert Ehrlick at 7:00
p.m., on March 5, 1985.
COUNCIL MEMBERS PRESENT: Lonnie Kellogg
Marvin Carter
Mel Krug
Chuck Dickerson
Donald Meyers
Rob Harris
Bob Gauthier
COUNCIL MEMBERS ABSENT: Bill Brennan
INVOCATION: Invocation given by Reverend Holt.
MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meet-
ing of February 19, 1985, and the special meeting of February 26, 1985, as
presented, seconded by Alderman Carter. Carried.
CORRESPONDENCE: Received a copy of "Energy Notes" from DNRC.
Received two legislative bulletins dated February 22 and March 1, 1985, from the
Montana League of Cities and Towns.
Received a copy of a letter written to Richard Hagman, Asphalt Supply and Service,
Inc., from Steve Duganz, Director of the Yellowstone County Air Pollution Control,
regarding the accident on February 20, 1985, at the asphalt plant in Laurel.
Received a letter from the Montana Department of Fish, Wildlife and Parks regard-
ing an ordinance prohibiting boating, swimming, ice fishing, etc., on the Laurel
Pond. Referred to Parks Committee.
Received a copy of a letter to Wes Armstead of Volk Construction from Ken Bowersox
of HKM Associates regarding the $500 per day liquidated damages 2f the wastewater
treatment plant is not completed on schedule.
Received a notice by certified mail that Duality Commercial Refinishers have
claims in the amount of $5,0S5.75 against the bond taken from Volk Construction,
Inc., for work done at the wastewater treatment plant~ Referred to Joe Bradley,
City Attorney.
D. L. McGillen stated he would like to refer back to the letter from Steve Duganz.
Darrell said in the letter he did say the mist eliminator was not in operation
that night, but the last statement of that paragraph, had this system been in opera-
tion, it is likely that the unfortunate accident would not have happened. I can
not say that. It came from Steve Duganz. I'm just making that note to the Council.
CLAIMS: Claims for the month of February, 1985, were reviewed by the Budget/
Finance Committee.
Motion by Alderman Gauthier to pay the claims for the month of February,
seconded by Alderman Dickerson. Motion carried 7--0.
JIM KAERCHER, HKM~ PROGRESS REPORT ON WASTEWATER TREATMENT PLANT: Jim Kaercher
was not present but Dave Michael distributed a written progress report which was
prepared by Jim Kaercher. The project is approximately 80% complete. Dave also
presented a report from HKM regarding the water system analysis (report is filed
in City Clerk's file.)
PUBLIC HEARING - WATER RATE INCREASE: This being the time and place advertised,
a public hearing was held.
Proponents:
Dave Michael stated the Utilities Committee has requested a water rate increase
primarily for replacing of water line. The last water rate increase was November
page 2 Minutes of the City CounCil of Laurel
of 1982~. The cost of living has increased approximately 4% yearly. The
Utilities Committee recommended approximately $30,000 to go for line replace-
ment out of this rate increase of $43,000. Dave stated an average water leak
costs anywhere from $400 to $1,500 plus it all depends on the time of year and
the location of the leak.
Opponents: none
Motion by Alderman Meyers to close the public hearing, seconded by Alderman
Harris. Motion carried 7--0.
Alderman Carter questioned the metering of water in parks.
Alderman Kellogg responded by saying this matter will be coming up at the next
Public Utilities meeting next week. We have established a rate that they are
paying in order to comply. We haven't metered it as yet.
The following resolution was presented:
RESOLUTION NO. 2121
RAISING CITY WATER RATES AND CHARGES SO AS TO INCREASE
TOTAL ANNUAL REVENUES NOT TO EXCEED 8%.
Motion by Alderman Meyers that Resolution No. 2121 be passed and adopted,
seconded by Alderman Harris. Motion carried 6--1 with Alderman Meyers voting,
"NO."
JOHN CURFMAN~ HELP LINE & PHONE FRIEND: John stated we have put together a
Board of Directors and now Judge Larry Herman is doing some legal work for us.
After the legal work is done we are going to put together an application to
Burlington Northern Foundation for a $250,000 grant. We want to bring a psy-
chologist into Laurel and have him work in the school district and with the
police department about teenage suicide.
The Help Line will be installed tomorrow. We will have a toll free number from
Laurel into Billings and it will run for a year. We are having posters printed
up that will be put out throughout the town no later than this week in the schools,
laundromats~ drugstores, anyplace we can put them up. If we do get this grant
for some money, we would like to look at a facility here where we could run the
phone lines with some volunteers. (teenagers and also senior citizens) The
Mental Health Clinic stated they would help in training of the operators to an-
swer all the phone calls and get them referred out. We would like to look at
some land here in Laurel close to the downtown so we can put up a building with
phone lines and in order to house the psychologist. We would like it to run for
five years. That's what I've asked for from Burlington Northern at $50,000 a
year. We should get the application off no later than thirty days. If we do
get the grant, we will be coming back to the Council for land and a building
for a crisis center.
L. D. COLLINS, RE: ASPHALT SUPPLY: Mr. Collins stated that Mr. Steve Duganz is
at the capital discussing with the lawmakers what can be done or should be done.
I spoke with Steve personally this morning and he wasn't too certain exactly
wh&t should be done or could be done. He wasn't sure if the Council had adopted
the County ordinances or if they haven't, I believe I brought hhem here and left
them with the Council. If the same ordinance is in effect for the City of Laurel
that~ in effect for the County, then probably the City people will have the first
priority to say what's done before the County does because there will be a juris-
diction problem, I think.
If you adopted the fine procedure, the fine could be as high as $10,000.
page 3 Minutes of the City Council of Laurel
I think it's going to be up to the City and the Council what to do with that
plant: whether you choose to fine them, take their license away, or whatever
you can do. This was an accident, and Mr. Duganz stated that any further mist
eliminators or vapor machines added to the plant will all have to be licensed.
Steve also stated he wasn't sure whether they would issue the license with
the problems Asphalt Supply has had.
*Note: It is not an ordinance that the City of Laurel has adopted, it's just
the report that L. D. Collins had given to the Council on the change in the
County ordinance.
ORDINANCE NO. 797 (SECOND READING):
ORDINANCE NO. 797 (second reading)
ADDING SECTION 13.04.160, FEE FOR NEW ACCOUNT/
RE-ESTABLISHMENT OF ACCOUNT/TURN ONS, TO THE
LAUREL MUNICIPAL CODE.
Alderman Kellogg stated this resolved out of the Utilities Committee. It was
brought up by some of the office crew of ~the amount of turn OhS. In 1984 there
were a total of 513 new accounts, re-establishment of accounts and turn ons.
The Utilities Committee went to the Budget/Finance Committee with this and we
(the Public Utilities Committee) were asking for a 10% increase in water revenues.
The Budget/Finance Committee recommended that we look at this. The engineer
looked it over and came up with about 2%. If we turn this down, we could lose
up to 2% of our revenue, and we could be looking at another water rate increase
next year. We hope that this will carry through with another project we have
started: the water analysis system.where we're not looking at a water rate in-
crease. Also, this ordinance was voted against by two aldermen last meeting,
and both of these aldermen are landlords. And landlords can incur this cost,
especially during the winter time because we have an agreement that the water
can stay on so that it doesn't freeze up, and if that happens the bill will go
to the landlord.
Motion by Alderman Kellogg that Ordinance No. 797 {second reading) be
passed and adopted, seconded by Alderman Dickerson.
Discussion regarding the $15 charge for reading the meter and turning water on.
Upon taking a roll call vote, the following aldermen answered:
Dickerson "YES" Carter "NO"
Meyers "NO" Krug "YES"
Kellogg "YES" Harris "YES"
Gauthier "YES"
Motion passed on second reading 5--2.
ORDINANCE NO. 798 {FIRST READING):
ORDINANCE NO. 798 (first reading)
AMENDING SECTION 13.04.100, WATER METERS REQUIRED,
OF THE LAUREL MUNICIPAL CODE.
Motion by Alderman Meyers that Ordinance No. 798 (first reading) be passed
and adopted, seconded by Alderman Dickerson.
Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried
7--0.
*Note: The word "residential" was added to the second paragraph because it was
found there was nothing in this ordinance that required residential customers
to have water meters.
page 4
: ORDINANCE NO. 799
Minutes of the City Council of Laurel
ORDINANCE NO. 799 first reading)
AMENDING SECTION 13.04.120, DELINQUENT ACCOUNTS, OF THE
LAUREL MUNICIPAL CODE.
Motion by Alderman Kellogg that Ordinance No. 799 (first reading)
be passed
and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all
aldermen present voted, "YES." Motion carried 7--0.
AMENDING RESOLUTION NO. 1848: Motion by'Alderman Meyers to remove from the
table Alderman Kellogg's motion to keep the Airport Authority at five (5)
members (this motion Was tabled January 8, 1985), seconded by Alderman Harris.
Motion carried 7--0.
Motion by Alderman Carter to amend Alderman Kellogg's motion to have seven
(7) members on the Airport Authority Board, seconded by Alderman Krug.
Division of the house. The following aldermen answered:
Krug "YES"
Carter "YES"
Harris "NO"
Motion was defeated 5--2.
The question was called on the
Board at five (5) members.
Kellogg "NO"
Meyers "NO"
Gauthier "NO"
Dickerson "NO"
original motion to keep the
Airport Authority
Division of the house.
Krug "NO"
Carter "NO"
Harris "YES"
Motion carried 5--2.
The following aldermen answered:
Kellogg "YES"
Meyers "YES"
Gauthier "YES"
Dickerson "YES"
Herb Olson announced his resignation from the Airport Authority Board.
Motion by Alderman Krug to accept Herb Olson's resignation from the Airport
Authority Board effective immediately, seconded by Alderman Meyers. Motion
carried 6--1 with Alderman Kellogg voting, "NO."
ORDINANCE NO. 800 (FIRST READING):
ORDINANCE NO. 800 (first reading)
AMENDING SECTION 17.76.010A TO DELETE CHANGE OF OCCUPANCY
REQUIREMENT FOR OFF-STREET PARKING, OF THE LAUREL MUNICIPAL
CODE.
The City-County Planning Board recommends to the Laurel City Council passage of
an ordinance to amend Section 17.76.010A to delete change of occupancy require-
ment for off-street parking.
Motion by Alderman Carter that Ordinance No. 800 (first reading) be passed
and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all
aldermen present voted, "YES." Motion carried 7--0.
COMMITTEE REPORTS:
--Budget/Finance Committee minutes of March 5, 1985, were presented and reviewed.
Discussion regarding transferring of oil severance money to the Capital Projects
fund to purchase a fire truck.
page S Minutes of the City CoUncil of Laurel
RESOLUTION NO. 2122
BEING A RESOLUTION TRANSFERRING CERTAIN FuNDs OF THE CITY
OF LAUREL, MONTANA.
Motion by Alderman Gauthier that Resolution No. 2122, be passed and adopted,
seconded bY Alderman Harris. Motion carried 7--0.
Motion bM Alderman Gauthier to adopt the Budget/Finance Committee minutes
of March 5, 1985, seconded by Alderman Dickerson. Motion carried 7--0.
-,Garbage Committee minutes of February 19, 1985, were presented and reviewed.
Motion by Alderman Krug to enter into the record the Garbage Committee
minutes of February 19, 1985, seconded by Alderman Meyers. Motion carried 7--0.
Discussion regarding propgsa!s for handling the garbage.
COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS:
Alderman Dickerson wanted to know why CPR classes for the crew have not been set
up. It was mentioned that maybe this could be done on a yearly basis. The card
you receive for CPR lasts one (1) year. If they are going to make it mandatory,
it should be for all City personnel and aldermen.
Alderman Carter stated the Fire Committee has negotiated with District #7 and
District #5 on their new contracts. At the next meeting we will also have
District #8 and the Airport Authority contracts.
Darrell L. McGillen said the Fire Department members have been going through
some exclusive training about the last year and a half. It's the Instant Fire
Command School which is put on by the National Fire Council. There are three
levels of testing: Fire I, Fire II and Fire III. I would like to report that
14 firemen have mastered the Fire III rating which they base it on a paid fire-
man. This is what a paid fireman should know. We have 14 of those 30 qualified
as a Class III fireman along With 6 as a Fire II and 7 as a Fire I. I would
just like to make the Council aware that these firemen have put many hours into
this and go on record saying so.
Don Hackmann stated that on March llth at 4:30 p.m. there will be an Insurance
Committee meeting. He has distributed the specs to all the insurance agents
here in town and requested that they turn them back into him by March llth.
The committee will review them and then finalization will be done on March 15th.
Bid opening will be June 4th.
The other item Don brought up was on the Personnel Policies handbook. I think
there are two options we could look at: 1) We could meet as a Committee of the
Whole some evening at 5:00 p.m., or 2) I could put it on the agenda for the
March 19th meeting.
The way it stands now it will be on the agenda for March 19, 1985, He will have
the resolution prepared at that time if you want to adopt it as written or
with changes we can adopt it at the April 2nd meeting.
Alderman Carter complimented the three emergency services, Fire Department,
Ambulance and Police and Police Reserve on the handling of the bomb scare that
was at the Junior High School, and also the handling of the fire that we had
at the Asphalt Supply.
Alderman Harris noted the Board of Adjustment meeting was cancelled. He asked
if certified letters were going to be sent out to people within 300 ft. radius
of Asphalt Supply.
*He was told that Campbell Calvert would have an article in the paper regarding
the cancellation of this meeting.
pege 6 Minutes of the City CoUncil of Laurel
Alderman Dickerson asked if it would be appropriate to send out a letter of
thank you to the Cene× Fire team and Park City also for helping out on the
night of the fire at Asphalt Supply. Darrell McGillen informed the Council
that their department has already taken care of that.
Alderman Gauthier stated the Budget/Finance worksheets that were handed out
to please have turned in on March llth. I would like to start having meetings
around the first Of April, and if I could get them all in maybe we could cut
down on some of the meeting timea.
Alderman Krug speaking on this years' budget, we have never really come to a
firm agreement on what we're going to do on Railroad Street. Mel asked would
the City be willing to go along with the BN and the County if we could get it
divided in thirds? Approximately $25,000 would be our share. This was based
on a bid submitted by Barry O'Leary on what they would charge.
Jim Flisrand said last Council meeting Eddie McDonnell brought his Phase II
of Spruce Grove to the Couneil~ Jim said Ed wishes to change the 24-ineh
concrete tile to a 24-inch culvert across the approach only instead of the
entire length of his property.
Discussion regarding the improving of 7th Street and deriding if we want a
storm sewer in 7th Street.
This will be discussed with the City-County Planning Board.
Jim Flisrand talked on the Ditch Lining Project. HKM talked with DNRC, and
they are willing to extend the grant to December Bi, 1985. The one bid
we received was higher than ~he engineer's estimated cost. HKM feels that
the City will receive lower bids in the fall for the lining of the ditches
and what they plan on doing.
MAYOR'S COMMENTS: The Mayor announced that there will be an Executive Meeting
after tonight's Council meeting.
There being no further business to come befff~-~e Council at this time, the
meeting was adjourned at 8:48 p.m.
~Donald L.~'Ha6k~ann, City Clerk
Approved by the Mayor and passed
Montana, this 19th day of March,
by the City Council of the City of Laurel,
1985.