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HomeMy WebLinkAboutCity Council Minutes 08.06.1985 Minutes of the City Council of Laurel August 6, 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 7:04 pm on August 6, 1985. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Chuck Dickerson Marvin Carter Donald Meyers Mel Krug Rob Harris Bill Brennan Bob Gauthier COUNCIL MEMBERS ABSENT: none INVOCATION: Invocation given bY Alderman Gauthier. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of July 16th and special.meeting of July 24, 1985, as presented, seconded by Alderman Carter. Carried 8-0. CORRESPONDENCE: Received a thank you from the ~aurel Pioneers Kiwanis for the use of a police car and the Police' Reserve during the American Cancer Society Jail-a-thon on July 30th and 31st. Received.notice Qf Happy Gass! resignation from the Library Boar.d. Motion by.Alderman Carter to accept the resignation of Happy Gass from the Library Board, seconded by Alderman Narris. Carried B-0. The Clerk will write a thank you letter. The Mayor made the following appointments: Bonnie Preikszas to the.Library Board to replace Happy Oass. Curt McKenzie to the Board of Adjustment to replace Bonnie Preikszas. Motion by Alderman Carter to confirm the Mayor,s appointments of Bonnie Priekszas and Curt McKenzie, seconded by Alderman Brennan. Carried 8-0. Received a copy of a letter to Billings Mayor James Van Arsdale from the Yellowstone County Commissioners regarding law enforcement. Mayor Ehrlick reported that he attended a meeting recently and they want to form a committee with Laurel included, to have some meetings to discuss law enforcement in Yellowstone County. Motion by Alderman Carter to enter into the talking stage of the City- County Police Department, seconded by Alderman Meyers. Carried 8-0. Members from Laurel to serve on this committee are: Alderman Brennan Alderman Gauthier Mayor Ehrlick Received an Incident Report from Lynn Rademacher claiming she was injured from a fall at the swimming pool. This has been turned over to the insurance company. Received a copy of a protest from residents on West 9th Street opposing any zoning other than that which would allow one siDgle residence for a single family on each lot. (The City Council will have a public hearing on this zone change on September 3rd.) Received a letter from Volk Construction regarding the substantial completion primary and secondary portion of the wastewater treatment plant. Received a letter from the State of Montana, Department of Highways, regarding an updated figure on the gasoline tax for 1985-B6. CLAIMS: Claims for the month of July were reviewed by the Budget/Finance Com- mittee. Motion by Alderman Gauthier to pay the claims for the month of July, seconded by Alderman Brennan. Motion carried 8-0. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer!s Financial Statements for the month o~ June, 1985, were presented for approval. Motion by Alderman Meyers to approve the City Clerk and City Treasurer's Financial Statements for the month of June, seconded by Alderman Krug. Motion carried 8-0. JIM KAERCHER~ HKM - PROGRESS REPORT ON WASTEWATER TREATMENT PLANT: was not present. J'im Ftisrand presented a written report fr'6m HKM. is approximately 96% complete. LAURA MORTON - COMMUNITY HOPE: Laura was not present. KENT HARRIS, CHAMBER OF COMMERCE BEER SALES IN PARK: Kent appeared before t'he Council stating the Chamber would like to hold a fund raising activity in Thompson Park on Saturday, August 24th. It would involve the sale of beer and food. Jim Kaercher The project page2 Minutes of the City Council of Laurel Motion by Alderman Meyers to grant the Chamber of Commerce beer sales in Thompson Park on August 24th, seconded by Alderman Harris. The beer drinking will be isolated to a particular area. Motion carried 8-0. TIM ELSENPETER - GRIEVANCE WITH AMBULANCE ADMINISTRATION: Tim stated on July 18th, he had a meeting with Lonnie Kellogg~ Pat Metzger~ Chloe Kaelberer, regarding an injury he received on June 3, 1985. Tim~ said he hurt his hand on the call that day and Chloe was also there. He asked to have it checked out. On June 26th two letters were written. On June 27th they were placed in my file. I!m asking that these letters be pulled from my personnel file. The other letter was from Georgia Kline stating that she was not busy at the time and would find someone to work for Tim. It was dated June 25th. I'm asking for that letter to be pulled also. Lonnie Kellogg stated that this,is a personnellproblem. Tim was informed at the meeting that these two letters would not be removed from his file~ but that he should contact the City Council Personnel Committee within seven days, which he did not do. He chose to go to the.Council and make it public. So I presume it's all a matter of public record now. I'll give the reasons why those letters were not removed. The first one:. Tim was told by Chloe that he should go to the Clinic. He did work a shift - waited a day and went.to the Billings Deaconess Hospital. The reason.she wanted him to go here is our Workman's Comp is getting quite high at the ambulance, and we'd like to keep it down to a minimum. It would have cost approximately $60 at the Laurel Clinic. It cost $200 at.the hospital. We feel that he is wasting taxpayer's money. We also feel that as the supervisors suggested to him that he should follow that order. The second thing was not having a dispatcher call: #1. The dispatchers are union and we would not like to get in any union conflict. It's not in their job description. The ambulance members have been told before at meetings that this policy was to stop, and this was approximately one year ago. Those are the reasons the com- mittee felt those letters should stay in the file. Tim Elsenpeter stated in regards to whether I should go up to the Laurel Clinic or not. Again according to 24.29.1403 it states the.injured worker may select the physician to provide the initial treatment. I made my selection and I'm sorry the administration does not approve of it. In regards to having a dis- patcher get someone to cover for you, I was not aware that this was a directive. t have not seen one. Chuck Dickerson stated he is also on the Ambulance Committee but was not aware of this problem. I did talk with Tim about these letters and agree with the one letter because Tim did work one shift in between before going to the doctor. However, regarding the letter on the dispatcher, I would like to go on record stating I feel it should be removed. Motion by Alderman Carter that this matter be referred to the City Council Personnel Committee~ seconded by Alderman Harris. Motion carried 8-0. R. M. WILLIAMS - 4th OF JULY DAMAGE: The Council received a copy of a letter dated July 5, 1985, concerning the street dance held on July 3rd. Merritt complained his property was used as a public latrine and the music was very suggestive. I don't feel that this should go on. I feel it should be held someplace else. I would like to bring something else up. It concerns the drainage at the corner of 2nd and 2nd. Alderman Carter suggested Merritt attend the Police Committee meeting, along with some members of the JCs to iron out some of these problems. JUDY WILLIAMS - PLACEMENT OF BENCH IN FRONT OF ELITE BEAUTY SHOP: Judy was not present but Lonnie Kellogg spoke in her behalf. I discussed this with Judy and I believe she is going to withdraw her proposal and see about getting one of the other benches that are already on the street moved in front of her place. BID OPENING FOR BACKHOE: This being the time and place advertised, the following bids were opened and read aloud: Cartmills, In~] ~-Bid~ attached: Bid #1 Ford 655A TLB ** Cash price of backhoe FOB Laurel $32,849.00 Price of backhoe FOB Laurel on a 3-yr. municipal lease to be financed by manufacturer $37,626.16 * Interest rate of municipal lease 9.00% Cash price of optional air hammer and tools $ 6,736.65 · 36 mo. payments ea (in advance) of $1,036.81 Total $37,325.16 First payment must include $300.00 for administration. Las~ payment must include $1.00 to purchase Total $37,626.16 page 3 Minutes of the City Council of Laurel **Ford 655A equipped as per bid specifications except as noted: Line 1.6 Tires 8 ply front 10 ply rear Line 2.3 Net Engine hp of 67 Eine 4.3 Maximum digging depth of backhoe with HD Rock Bucket 15'10" Line 4.4 Digging force on bucket 9735 lbs. Bid #2 Ford 655A H.O. (high output) Cash price of backhoe FOB Laurel Price of backhoe FOB Laurel on a 3-yr. municipal lease to be financed by manufacturer Interest rate of municipal lease Cash price of optional air ** TLB $33,849.00 $38,762.68 * 9.00% hammer and tools $ 6,736.65 *36 mo. payments ea (in advance) of $1,068.38 Total $38,461.68 First payment must include $300.00 for administration. Last payment must include $1.00 to purchase Total $38,762.68 **Ford 655A H.O. Same as bid #1 except with Ford 82 H.P. (net engine) Bid #3 Ford 655 H.O. with extendable Cash price of backhoe FOB Laurel Price of backhoe FOB Laurel on a 3-yr. municipal lease to be financed by manufacturer Interest rate of municipal lease Cash price of optional air hammer and tools *36 mo. payments ea (in advance) of $1,165.65 TLB dipper stick ** $36,931.00 $42,264.40 * 9~00% $ 6,736.65 Total $41,963.40 First payment must include $300.00 for administration. Last payment must include $1.00 to purchase Total $42,264.40 **Ford 655A H.O. 82 H.P. with extendable dipper stick providing 15'5" to 19'4" digging depth (A very reliable and proven machine -- see page 13 in booklet.) Line 1.6 remains 8 ply rear 10 ply front Bid #4 Ford 755A TLB ** Cash price of backhoe FOB Laurel Price of backhoe FOB Laurel on a 3-yr. municipal lease to be financed by manufacturer Interest rate of municipal lease Cash price of optional air hammer and tools $53,049.00 $60,279.04 * 9.00% $ 6,736.65 *36 mo. payments ea {in advance) of $1,674.39 Total $60,278.04 Last payment must include $1.00 additional to purchase Total $60,279.04 **Ford 755A TLB meets or exceeds (see booklet) Line 1.6 rear tires 10 ply Line B.5 automatic self leveling all bid specifications except - mechanical loader as noted below Hall-Perry Machinery Co. - Bid Bond attached: Cash price of a John Deere 6103 backhoe FOB Laurel $49,607.00 Price of backhoe FOB Laurel on a 3-yr. municipal lease to be financed bv manufacturer 3 payments ~ $17,824.00 page 4 Minutes of the City Council of Laurel Interest rate of municipal lease CaSh price of optional air hammer and tools If optional air hammer is included the 3 annual payments would be If cab pressurizer is not desired deduct Cost price the B annual payments would be with air hammer $ 6,576.00 in lease--- $20,186.00 1,053.00 48,554.00 17,445.00 19,807.00 Modern Machinery - Bid bond attached: Cash price of a JCB backhoe FOB Laurel Price of backhoe FOB Laurel on a 3-yr. municipal lease to be financed by manufacturer Interest rate of municipal lease Cash price of optional air hammer and tools $42,700.00 $ 1,386.00 X~L ~. = lO% none Western Equipment Co. - Bid bond attached: Cash price of a JI Case 680H backhoe FOB Laurel $47,289.00 Price of backhoe FOB Laurel on a B-yr. municipal lease to be financed by manufacturer Interest rate of munieipal lease Cash price of optional air hammer and tools Price of air hammer with tool dia. *This will vary depending on the type quarterly, semi-annual, or annual * $50,747.16 with annual pmts, incl. int. 7.5% $ 6,683.00 with 2½" dia. Contech $ 7,427.00 of payments you would want: monthly, These bids were be presented to Council at ~he August 20th meeting. BID OPENING FOR STREET SWEEPER: This being the time and place advertised, following bid was opened and read aloud: Hall-Perry Machinery Co. - Bid bond attached: Cash price of truck mounted vacuum street sweeper FOB Laurel $78,907.00 No municipal lease available. Cash price of truck mounted vacuum street sweeper FOB Laurel with trade in of a B-wheel FMC sweeper presently owned by City of Laurel $63,907.00 No municipal lease available. This bid was referred to the Street & Alley Committee, recommendation to be presented to the Council at the August 20th meeting. NOTICE OF INTENT TO CREATE SID #109: Curt McKenzie stated the proposed SID is in Murray Heights on West Beartooth Drive above the Big Ditch, up to 14th Street and.then that stub end of 14th out to the City limits. There are 19 lots involved of which there are 12 houses on lots and 7 vacant. Discussion on bringing·in Willow Driye into this SID area. Motion by Alderman Kellogg to refer this to the Street & Alley for further study, seconded by Alderman Carter. Motion carried 8-0. Mel Krug announced the Street & Alley Committee will meet on August 5:30 p.m. ORDINANCE referred to the Public Utilities Committee, recommendation to the NO. 812 (SECOND READING): ORDINANCE NO. 812 (second reading) CLOSING PORTIONS OF SOUTH 1st STREET IN THE CITY OF LAUREL TO ALL UNAUTHORIZED PEDESTRIAN OR VEHICULAR TRAFFIC. Committee 8th at Minutes of the City Council of Laurel page 5 Motion by Alderman Kellogg that Ordinance No. 812 (second reading) be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8-0. ORDINANCE NO. 813 (SECOND READING): ORDINANCE NO. 818 {second reading) DESIGNATING RMF ZONE AND CHANGING THE LAUREL ZONING MAP. Motion~by Alderman Brennan that Ordinance No. 813 (second reading) be passed and adopted, seconded by Alderman Carter. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8-0. ORDINANCE NO. 814 (SECOND READING}: ORDINANCE NO. 814 {second reading) ADDING SECTION 2.12.095 TO ALLOW THE CITY COUNCIL TO RECONSIDER ITS FINAL ACTION UPON ANY QUESTION AT THE NEXT SUCCEEDING REGULAR COUNCIL MEETING FOLLOWING THE MEETING AT ~HICH THE FINAL ACTION WAS TAKEN, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 816 (second reading) be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, the following aldermen answered: Brennan NO Kellogg YES Krug NO Meyers YES Carter YES Gauthier YES Harris YES Dickerson NO Motion carried 5-3. ORDINANCE NO. 815 {SECOND READING): ORDINANCE NO. 815 (second reading) AMENDING SECTION 16.02.020, RESTRICTIONS ON USE OF SOUTH POND, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 815 (second reading) be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8-0. ORDINANCE DESIGNATING_RMH ZONE AND CHANGING THE LAUREL ZONING MAP: Motion by Alderman Carter to remove from the table the George Figgins public hearing, seconded by Alderman Harris. Motion carried 8-0. ORDINANCE NO. 816 (first reading) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Carter that Ordinance No. 816 {first reading) be passed and adopted, seconded by Alderman Brennan. Discussion who will pay for water and sewer. Cai Cumin stated the Planning Board recommended this plan for a zone change be granted. The issue of water and sewer is not the subject here tonight. It is only for a zone change. Roll call vote was taken with Brennan YES Krug YES Carter YES Harris YES Motion defeated. required. ORDINANCE NO. 817 the following aldermen answering: Kellogg NO Meyers YES Gauthier NO Dickerson NO Since there was a valid protest 6 favorable (FIRST READING): ORDINANCE NO. 817 (first reading) votes were ADDING SECTION 10.36, SNOWMOBILES, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that Ordinance No. 817 (first passed and adopted, seconded by Alderman Brennan. Upon taking a roll vote, the following aldermen answered: Brennan YES Kellogg NO Krug YES Meyers YES Carter YES Gauthier YES Harris YES Dickerson YES Motion carried 7-1. ORDINANCE REGARDING POSTING OF GARAGE SALE SIGNS: ORDINANCE NO. 818 {first reading) AMENDING SECTI~m~:~0:~6~I_~VERTISEMENTS ON PUBLIC reading) be call PROPERTY Minutes of the City Council of Laurel 818 (first reading) be seconded by Alderman Krug. taking a roll call vote, Harris YES Carter NO Krug YES Brennan YES --Grant Committee minutes of July 30, 1985, were presented and reviewed. Motion by Alderman Carter to enter into the record the Grant Committee minutes of July 30, 1985, seconded by Alderman Kellogg. Motion carried 8-0. --Ambulance Committee minutes of July 23, 1985, were presented and reviewed. Motion by Alderman Kellogg to enter into the record the Ambulance Committee minutes of July 23, 1985, seconded by Alderman Carter. Motion carried 8-0. The City Cierk was directed to write a thank you letter to Denise Hust for the service she did on the ambulance. --Police Committee minutes of August 1, 1985, were presented and reviewed. Discussion regarding closing of parks not designated for camping and setting a 10:00 p.m. curfew. The Park Committee will review this. Discussion also on the height of stop signs. Motion by Alderman Dickerson to enter into the record the Police Committee minutes of August 1, 1985, seconded by Alderman Brennan. Motion carried 8-0. --City-County Planning Board minutes of July 11, 1985, were presented and reviewed. Motion by Alderman Carter to enter into the record the City-County Planning Board minutes of July 11, 1985, seconded by Alderman Meyers. Motion carried 8-0. City Attorney, Joe Bradley, stated he will draw up an ordinance amending Section 17.28.020 to clarify the setback requirement to 20 feet. --Street & Alley Committee minutes of July 11, 1985, were presented and reviewed. Discussion on SID #108. Residents are very displeased alt .how the attorney for the SID is handling the situation. Jim Flisrand was complimented for doing a fine job on East Maryland having the curb and gutter installed. Motion by Alderman Krug to enter into the record the Street & Alley Com- mittee minutes of July 11, 1985, seconded by Alderman Dickerson. Motion carried 8-0. COMMENTS FROM AUDIENCE: Leroy Zuck I'm working with George Figgins on this mobile court of his. We were wondering if there was any chance to get the protestors to withdraw the protest, could it be reconsidered? Joe Bradle. y stated you would have to reconsider this at the next Council meeting. Don Hackmann That ordinance doesn't take effect for 30 days. Joe Bradley Right. If you wanted to reconsider it next meeting, you would have to suspend the rules. But we have an ordinance. Besides Roberts Rules of Order we have an ordinance that says you can't reconsider a zone change within a year. Someone who voted against it could ask to have it reconsidered. We would need something in writing saying they officially withdrew their protest. Cai Cumin Even.if.he doesn!t get the petition he can still get it reconsidered. Joyce Whitman - Touch of Country Joyce asked permission to use the sidewalk in front of the store on Saturday mornings from 9:30--12 noon to have a farmer's market. Motion by Alderman Carter to grant permission to Joyce Whitman to have a farmer's market on Saturday mornings through September BOth, seconded by Alder- man Meyers. Motion carried 8-0. COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Alderman Carter stated there will be a Fire Committee meeting on August 12, 1985, at 7:30 p.m. Alderman Gauthier reminded everyone of the special Council meeting to adopt the final budget on Monday, August 12th at 7:00 p.m. Motion by Alderman Dickerson that Ordinance No. Upon passed and adopted, the foilowing aldermen answered: Dickerson YES Gauthier YES Meyers YES Kellogg NO Motion carried 6-2. COMMITTEE REPORTS: page 7 Minutes of the City Council of Laurel Alan Crowe stated that on July 26~ 1985, Jim Morrison did complete his one year probation period with the Laurel Police Department. I would like to recommend appointing Jim as a permanent policeman. Motion by Alderman Kellogg to appoint Jim Morrison as permanent policeman effective July 26, 1985, seoonded by Alderman; Krug. Motion carried 8-0. Alan Crowe stated he has one new applicant that has applied to the Auxiliary Police and Reserve. He asked to have Pat Bachmeier nominated. Motion by Alderman Dickerson to acoept Pat Bachmeier to the Auxiliary Police and Reserve, seconded by Alderman Meyers. Motion carried 8-0. Alderman Harris asked for an expianation on what's happening in front of Speedy Mart. Jim Flisrand stated, there was an accident there and a fire hydrant was sheared off. It since has been replaced and hopefuliy will work okay. Rob Harris How much money is invested in that project? Jim Flisrand Around $3000 - close to $4000. Rob Harris I understand the person involved doesn't have any means or ways of paying for it. Discussion followed on if the City could get this person to make restitution. City Clerk speaking on behalf of Joe Brinkel, wishes to purchase two Tons of asphalt for repairing the roads out by the Golf Course. Motion by Alderman Carter to sell two Tons of excess asphalt to the Golf Course, seconded by Alderman Brennan. Motion was defeated 7-1 with Alderman Carter voting, "YES." Jim Flisrand stated the school also would like to have their parking lot chipped and sealed at the Junior High. Motion by Alderman Kellogg to allow the chip-sealing to be done at the Junior High parking lot, seconded by Alderman Carter. Motion carried 7-1 with Aiderman Krug voting, "NO." Ernie Davis brought up the personnel problem the City had with an employee back in December. The Personnel Committee will meet with him, Ernie and Jim. Jim Flisrand asked permission ~o leave the State August 9th to 14th. ~i _ = Motion by Alderman Kellogg to grant Jim permission to leave the State on August 9th through the 14th, seconded by Alderman Harris. Motion carried 8-0. Peg Kamerzel urged all department heads to make sure their employees are registered to vote. A letter from the Mayor and Council will be drafted encouraging employees to please get registered. There being no further business to come be.~re the Council at this time, the meeting was adjourned at 9:30 p.m. ~proved by the Mayor and passed Montana, this 20th day of August, Donald L. Hackmann, City Clerk by the City Council of the City of Laurel, 1985. Albert Ehrli~, Mayor onald L. HacMmann, City Clerk