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HomeMy WebLinkAboutCity Council Minutes 11.06.1985MinuteS of the City CoUncil of Laurel November 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 7:00 p.m. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Lonnie Kellogg Marvin Carter Bill Brennan Chuck Dickerson Donald Meyers Bob Gauthier Mel Krug Rob Harris INVOCATION: Invocation given by Alderman Carter. MINUTES: Motion by Alderman Meyers regular meeting of October 15, 1985, Dickerson. Carried. to approve the as presented, minutes of the seconded by Alderman CORRESPONDENCE: Received a letter from the State of Montana, Department of Health and Environmental Sciences regarding a final construction inspection of the Wastewater Treatment Plant. Received a report from the Department of Health and Environmental Sciences regarding a chemical analysis of Laurel's water supply. Received a memo from the Disaster and Emergency Services Division re- garding a training program and schedule for 1986. Received a letter from B.D. Mace of Mieco, regarding an unpaid amount by Volk Construction on the Wastewater Treatment Plant. Received a letter from Volk Construction regarding a claim submitted on August 22, 1985. Received a letter from Rodney T. Hartman, Attorney, regarding Asphalt Supply. Received an "update" from the Northwest Power Planning Council. Received a letter from the City of Livingston regarding the legal challenge of railroad taxes. Motion by Alderman Meyers to support Livingston in the tax lawsuit and direct Joe Bradley to draw up a Resolution, seconded by Alderman Kellogg. Motion carried 5-1 with Alderman Brennan voting "no". Received a claim from Larry Gregory for damages done to his truck by wind blowing a garbage can into it. This claim has been turned over to the City's insurance carrier. Received Law Enforcement committee minutes of Septemberl6th, October 7th, and October 21st. Motion by Alderman Meyers to enter these minutes into the record, seconded by Alderman Brennan. Motion carried~6-O. H.K.M. WASTEWATER TREATMENT PLANT PROGRESS REPORT: presented a written report. The construction is 99~ is a change order involving six (6) items, (1) install new gas regulator (2) purchase a new gas meter (3) install pipe spool extensions (4) replace spring check valves (5) restrain the 4 old 6" wall penetrations (6) delete the 6-~" and 6-2" varec gas check valves Jim Kaercher % complete. There Motion by Alderman KellogR to adopt and approve the change order in the net amount of $1,921.69, seconded by Alderman Meyers. Motion carried 5-1 with Alderman Gauthier voting "no". page2 Minutes of the City Council of Laurel cLAIMS: Claims for the month of October were reviewed by the Budget/ Finance committee. Motion by Alderman Gauthier to pay the claims for the month of October, seconded by Alderman Dickerson. Motion carried 6-0. BIDS NEW POLICE CAR: This being the time and place advertised, the only two bids received were opened and read aloud. (1) Fichtner Chevrolet., there was a bid bond attached, cashier check in the amount of $1,161.00. Their bid was for a 1986 Chevrolet Caprice, 4 door sedan with a 1979 Chevrolet Malibu as trade in the amount of $11,609.11. (2) Johnson Ford, bid bond check for $1,087.40 to be replaced by a bid bond. Theiz bid was for a 1986 LTD/Crown Victoria 4 door, with trade in of a 1979 Chevrolet Malibu in the amount of $10,874.00. These 2 bids were referred to the Police committee for recommendation. ORDINANCE TO ESTABLISH LOADING ZONE BY THOMAE LUMBER: ORDINANCE NO. 822 (lst reading) ADDING SECTION 10.70.010, FREIGHT LOADING ZONES, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that Ordinance No. 822 (lst reading) be passed and adopted, seconded by Alderman Meyers. Motion by Alderman Dickerson to amend Ordinance No. 822 to delete the enforceable hours and not include a time limit, seconded by Alderman Carter. Motion carried 6-0. Roll call vote was taken on the original motion as amended~ Aldermen answered: The following Dickerson "yes" Gauthier "yes" Meyers "yes" Kellogg "yes" Carter "yes" Brennan "no" Motion carried 5-1. ORDINANCE NO. 823 1st reading) ADDING SECTION 10.70.020, PARKING PROHIBITED IN FREIGHT LOADING ZONES, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 823 be passed and adopted, seconded by Alderman Dickerson. roll call vote, the following Aldermen answered: (lst reading) Upon taking a Dickerson "yes" Gauthier "yes" Meyers "yes" Kellogg "yes" Carter "yes" Brennan "no" Motion carried 5-1. ORDINANCE NO. 824 (lst reading) ADDING SECTION 10.70.030, PENALTY, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that Ordinance No. 824 (lst reading) be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all Aldermen present voted "yes". Motion carried 6-0. RESOLUTION OF INTENT TO HOLD A HEARING WITH ASPHALT SUPPLYi RESOLUTION NO. 2172 RESOLUTION OF INTENT TO CONSIDER THE REVOCATION OF THE CITY LICENSE TO DO SUPPLY. SUSPENSION AND/OR BUSINESS OF ASPHALT Motion by Alderman Dickerson to pass and adopt Resolution No. 2172, seconded by Alderman Gauthier. page 3 Discussion Minutes of the CitY Council of Laurel followed. Motion by Alderman Dickerson to amend Resolution No. 2172 to add #4 which states, The City Clerk shall contact and retain a certified court reporter, to take and record, under oath, all testimony and evidence, seconded by Alderman Brennan. Motion carried 6-0. Discussion followed on leaving the hearing on the 19th of November or changing it to another day. Question called for on original as amended. Motion carried 4-2 motion to approve Resolution No. 2172 with Aldermen Carter and Kellogg voting Motion by Alderman Carter to delay any action until the December 3rd, Council meeting, seconded by Alderman Meyers. Motion carried 6-0. ORDINANCE ESTABLISHING THE CLERK OF CITY COURT POSITION: ORDINANCE NO. 825 (lst reading) AN ORDINANCE CREATING THE OFFICE OF CLERK OF COURT Motion by Alderman Meyers that Ordinance No. 825 (lst reading) be passed and adopted, seconded by Alderman Carter. Motion by Alderman Kellogg to amend the Ordinance to add section 7 to read, that the Clerk of the City Court be a part-time position limited to 15 hours a week, seconded by Alderman Meyers. Motion carried 6-0. Question called for on original motion as amended. call vote, the following Aldermen voted: Upon taking a roll Dickerson "yes" Kellogg "no" Gauthier "no" Carter "yes" Meyers "yes" Brennan "no" Tie 3-3. The Mayor broke the tie by voting "yes". Motion carried. COMMITTEE REPORTS: Garbage committee minutes of 11-4-85 were presented and reviewed. Motion by Alderman Meyers to enter into the record the Garbage committee minutes of 11-4-85, seconded by Alderman Carter. Motion carried 6-0. License (pending) Motion by Alderman Meyers to allow doing business, (as he has met all fire Alderman Kellogg. Motion carried 6-0. Gregory Loterbauer to start codes, etc), seconded by Street & Alley committee minutes of 10-24-85 were presented and reviewed. Discussion regarding handicapped parking. This was referred to the Handicap committee. Discussion regarding the Gallion Grader. Ernie Davis stated: he talked with a representative of Gallion, and it would cost around $15,000.00 to put a new engine in. The grader would only be worth around $5,000 trade in. William Krug is willing to buy the grader for $600.00 for parts. Motion by Alderman Dickerson to authorize Ernie Davis to sell the grader, seconded by Alderman Kellogg. Motion carried 6-0. Motion by Alderman Dickerson to enter into the record the Street & Alley committee minutes of 10-24-85, seconded by Alderman Brennan. Motion carried 6-0. Don Meyers asked the Street & Alley committee what happened to the stop sign page Minutes of the City CounCil of Laurel at the corner Of 4th Avenue and West llth Street? Don would like to see it put back up. Also on that line, Alderman Carter stated there is a fire hydrant on Elm and East Main. The person living there is in violation of parking in front of a hydrant. Why wasn't that hydrant moved to either Elm Avenue or East Main Street? Marv was told that the water line is dead ended at that particular hydrant, thats as far as the water line goes. State law requires 15' on either side of the fire hydrant. The City will abide by State Codes. Park committee minutes of 10-22-85 were presented and reviewed. Motion by Alderman Brennan to accept the committees recommendation that the City does not pay the $321.25 charge for a power pole in Thompson Park installed by the Chamber, seconded by Alderman Meyers. Motion carried 6-0. Motion by Alderman Brennan to close the roadway in the north side of Thompson Park, seconded by Alderman Dickerson. Motion carried 6-0. Motion by Alderman B~ennan to enter into the record the Park committee minutes of 10-22-85, seconded by Alderman C'arter. Motion carried 6-0. Budget/Finance committee minutes of 11-6-85 were presented and re- viewed. RESOLUTION NO. 2173 ESTABLISHING VOLUNTEER AMBULANCE SERVICE COMPENSATION Motion by Alderman Gauthier that Resolution No. 2173 be passed and adopted, seconded by Alderman Meyers. Motion carried 6-0. Motion by Alderman Computer and disk drive, 6-0. Gauthier to pursue the purchase of the 9020 seconded by Alderman Dickerson. Motion carried Motion by Alderman Gauthier to enter into the record the Budget/ Finance committee minutes of 11-6-85, seconded by Alderman Dickerson. Motion carried 6-0. COMMENTS FROM THE AUDIENCE: Bob Gauthier said he was approached by Mike Mace about his development in Cherry Hills. Mike Mace wants to come back and approach the Council about the proposed zone change in Cherry Hills. Mike stated, what they would like the City to consider is (1) in order to insure to the City that we would not build a multi-story project, we would place restrictions on all of those lots that would be re-zoned to allow for single level only and a full basement if someone wanted to build a unit with a basement in it. They could not build a two (2) story unit. (2) we would agree to entering into a pre-sale agreement with the City. It would say, once we build, we would not build the next unit until at least half of the first unit is sold. We would meet a 50% pre-sale requirement. I'm here tonight tO ask the council if they would suspend the rules, bringing the issue back up on the floor for discussion; and then going ahead and approving the zone change? Motion by Alderman Carter to place the designated zone change on the agenda for November 19, 1985, seconded by Alderman Gauthier. Motion carried 6-0. COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Mary Carter stated he felt when we're elected to this position, we should be here. We could not have carried on City business here tonight if one more council person had been absent. I think its a shame that we don't have some code of ethics that requires these people to be here. Chuck Dickerson stated the Police committee meeting has been cancelled for Thursday night, it will be set up for next week. Bill Brennan said Magnus backed out on removing those trees down at River- side Park; he doesn*t have any Workman's Comp and the City requires it. page 5 MinUtes of the City Council of Laurel Ernie Davis stated we received two bids last year on removal of trees at Riverside Park. We did have $14,000.00 budgeted for the purchase of another house or trailer for Riverside Park. I'd like to see us spend about $4,000.00 of that and make some repairs to the existing house. It needs insulation, paneling and a furnace for certain. Motion by Alderman Brennan to replace the furnace in the house at Riverside Park as soon as possible, seconded by Alderman Meyers. Motion carried 6-0. The balance of the items to be done were referred to the Budget/Finance and Park committees. Jim Flisrand - SID # 108 - stated he has written two (2) letters to the contractor about things that aren't up to par on the project. Motion by Alderman Meyers to authorize Larry D. Herman,(Attorney for the project) to write a letter and put a demand on the bond, seconded by Alderman Dickerson. Motion carried 6-0. Jim stated on that same project, Jim Worthington did some further testing this summer, at the request of the people in that area. The tests came out the same as the original test. Jim Worthington would like the Council's consideration on payment for that test he did, (which he paid out of his own pocket). The amount is $285.68. This was referred to the Street & Alley committee. Jim Flisrand-Ditch Lining Project-Jim stated they~ are proceeding on that. Jim was approached by Roger Perkins of HKM to confront the Council with some costs that were not anticipated. The change order would be for $2,900.00. This was referred to the Budget/Finance committee. Jim stated on this same project, Bob Mace allowed us to get material from his Subdivision in Cherry Hills, without any cost for the material. However, to take this material from one place to the other, we needed some staking, aligning; the cost could fall under the DNRC Grant. Mr. Worthington is Mr. Mace's engineer and he charged $250.00 to do that. Motion by Alderman Meyers to authorize to pay Jim Worthington $250.00 for staking the line, seconded by Alderman Carter~ Motion carried 6-0. Don Meyers congratulated L.D. Collins and Norman Orr on their election to office as Aldermen. There being no further business to come before the Council at this time, the meeting was adjourned at 8::55 p.m. Approved by the Mayor and Montana, this 19th day of passed by November, the City Council of the City of Laurel, 1985. ~lbert Ehrlick, Mayor ATTEST: