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HomeMy WebLinkAboutCity Council Minutes 10.16.1984 Minutes of the City Council of Laurel October 16, 1~84 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 October 16, 1984. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Marvin Carter Mel Krug COUNCIL MEMBERS ABSENT: None. Chuck Dickerson Donald Meyers Rob Harris Bob Gauthier INVOCATION: Invocation given by Reverend Lamphere. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting o-~ber 2, 198~, as presented~ seconded by Alderman Dickerson. Carried. CORRESPONDENCE: Received a letter from State of Montana, Department of Health & Environmental Sciences, regarding hazardous waste collection project. Received a memo from State of Montana, Department of Natural Resources & Conser- vation, regarding a !'Legacy Program," which will invest natural resource tax revenues in a variety of projects to compensate the people of Montana for damages caused by resource extraction. Received the minutes of September lith and the September Activity Report from Air Pollution Control. Received a memo from Montana League of Cities & Towns regarding oath of office, street construction or maintenance contracts, and a practical guide to compliance with the new handicapped access provision of the Federal General Revenue Sharing act, which may be ordered from the National League of Cities. Received a petition signed by 57 people protesting two-hour parking restrictions in the City parking lot across the street from City Hall. Referred to the Parking Committee. A schedule of committee meetings was presented to be reviewed and updated. Don Hackmann presented a "Statement of Policy" and resolutions which were passed at the annual meeting of the Montana League of Cities & Towns in Great Falls last month. APPOINTMENTS: MAINTENANCE DIRECTOR~ ERNEST J. DAVIS: The Mayor appointed Ernest J. Davis as Maintenance Director. Motion by Alderman Meyers to confirm the Mayor's appointment of Ernest J. Davis as Maintenance Director, effective November 1, 1984, seconded by Alderman Krug. Motion carried 7--0. DIRECTOR OF PUBLIC WORKS~ JERRY MILLER: The Mayor also appointed Jerry Miller as Director of Public Works. Motion by Alderman Meyers to confirm the Mayor's appointment of Jerry Miller as Director of Public Works effective December 1, 198~, seconded by Alderman Harris. Motion carried 7--0. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENT: The City Clerk and City Treasurer's Financial Statement for the month of September, 198~, was presented and reviewed. Motion by Alderman Gauthier to accept the City Clerk and City Treasurer's Financial Statement as presented, seconded by Alderman Krug. Motion carried 7--0. page2 Minutes of the City Council of Laurel PUBLIC HEARING - ZONE CHANGE TO RMH, ~ILLAGE SUBDIVISION~ 3RD FILING: This being the time and place advertised, a public hearing was held. Proponents: Ken Tolliver stated they have before the Council both a zone change application and final plat approval application. The area affected is the 10 lots on the east side of Milwaukee. The street has been constructed. It's improved on the west side of the street already with mobiie homes, and our desire is to get this piece subdivided so we can complete all the utility work into these lots prior to the paving of the street. Cai Cumin recommended that the Council not approve the final plat tonight because he has not seen it yet. I don't see any problem with it, but Joe Bradley hasn't seen the abstract of title either. I would just like to see the final plat first. No opponents present. Public hearing closed. ORDINANCE NO. 784 (lst reading) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP] Motion by Alderman Kellogg that Ordinance No. 784 {lst reading} be passed and adopted, seconded by Alderman Carter. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 7--0. PUBLIC HEARING - ZONE CHANGE TO RMH ON TRACT 1, C/S #2207 {1 MILE NORTH OF CITY ON VALLEY DRIVE: This being the time and place advertised, a public hearing was held. Proponents: Father Geisen stated this property is located across the road from Dr. Rosselot and next to Tuomi's place. He stated he would like to put a mobile home on there. No opponents present. Public hearing closed. ORDINANCE NO. 785 (lst reading) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Harris that Ordinance No. 785 (lst reading) be passed and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 7--0. BOB RIDER - SEWER CONNECTION: Bob stated that on the south side, on 4th Street, you have your 2 railroad tracks that cross there. The City has a manhole on the alley which is a paved alley. I paid $500 to tap onto City sewer. The railroad has a 75 ft. right-of-way from the center of the far track over to my property. I have to stay 5 ft. from the end of my property to build. I put in a water line for the trailer which comes over to Maple, which is a vacated street. Now I want to run the sewer which the City told me I had to tie onto the main and that there was no pigtailing of the water or sewer allowed. So I'm going back to the main and the railroad. I am on railroad right-of-way for approximately 143 ft. The railroad is telling me that to get onto their property I have to pay them $225 for the first 5 years and $75 for every 5 years after indefinitely. Is there something that the City could do for me? Discussion on this sewer line problem. Dave Michael suggested that right along the railroad right-of-way that Bob put a cleanout in. That way if anything happens, they could always clean it out. Don Meyers asked what would ever happen if you sell the property split up like that? page 3 Minutes of the City Council of Laurel Bob Rider said if that should ever come about the problem that may arise would be with the sewer. It would be between myself and the buyer. Don Meyers asked if we could have something in writing se that if you ever did sell it that it was known. If someone did buy it they are aware of two places being hooked on one line. Motion by Alderman Meyers to give Bob Rider permission to tie onto the existing sewer line with two cleanouts and have in writing, if he ever sells the property, the owners will be aware of the situation before the property is sold, seconded by Alderman Carter. Motion carried 7--0. **Let the record show that this pigtaiI is allowed because of a hardship. APPOINT ALDERMAN - VACANCY IN WARD 4: The City Clerk stated today is the dead- line for applications. He has received two~ one from Bill Brennan and one from L. D. Collins. In view of the fact that Bili Brennan served on the Council before, and there's only one year remaining, basically I would move to nominate Bill to finish that unexpired term. He a!read¥.knows what things are going on. Motion b.y Alderman Krug to appoint Bill Brennan as 4th Ward Alderman effec- tive November l, 1984, seconded by Alderman Dickerson. Upon taking a roll oall vote, all aldermen present voted, "YES." Motion carried 7--0. CHANGE ORDER #3 WASTEWATER TREATMENT PLANT: Jim Kaercher, HKM, appeared before the Council regarding Change Order #3. He stated '~ Bradley had looked at the facts and figures. HKM also met with Joe. Jim said he understood that Lonnie had some discussion with Joe. Lonnie Kellogg said what it oame down to, I believe, in the discussion with you was that we do get to subtract the difference between what their line was to be originally laid and where it was laid. The City's share amounted to $50.00. Joe didn't feel it would be worth going after the telephone company for $50.00. Don Meyers What was the cost before? Jim Kaercher Let me clarify. This change order defines that it was estimated at $1,403. Originally, if you remember I discussed with you maybe about a month ago, and at that time the estimated cost was going to be around $2,100. We felt that was too high, so we made them do it by actual time with equipment and actual material cost and break it down. What I had Ken Bowersox do after that meeting was: (1) Find out what the actual price was going to be, and {2) Go back to the contractor and say the City did not approve the change order. I had him ask the contractor again if he talked to the telephone company last September? This time~ Wes said he had and thought everybody knew it; but his foreman didn't know it, and originally when Ken had addressed the contractor, Wes was out of the country. Chuck, the foreman, said they were not aware of the change order and had not talked to the telphone company. Last week when Ken talked to them, it was brought to light that Wes did know that he hadn't relayed it to his people in the field and that changes the com- plexity of the situation. Ken has final prices and the actual cost is $1,187. What the contractor really has coming is the difference in length of line. The old line going to the west is 80 ft. The new line that he installed was 355 ft. Basing it on a cost per foot, he should be receiving $919. Basically, because he was aware of it, he loses the 80 ft. which is worth $267. The City sees a savings of $66. But I don't feel now that you have any recourse against the telephone company. By changing, they did make it more costly for the City. page 4 Minutes of the City Council of Laurel But then again, they are a utility. They are not a sub-contractor to Volk. The City is a utility. As a utility they somewhat dictate how they want things put together. Your change order has been reduced from what was indicated on here. You are getting credit for the 80 ft. the contractor put in when he was aware of the situation. And your change order -- instead of $3,547 your actual cost would be $B,064.44. Any questions? Motion by Alderman Meyers to acoept change order #B on the wastewater treat- ment plant, seoonded by Alderman Kellogg. The aldermen answered as follows: Dickerson "NO" Harris "YES" Gauthier "NO" Carter "YES" Meyers "NO" Krug "HO" Kellogg "YES" Motion was defeated 4--3. More discussion. Don Meyers stated he isn't after the utility company, it's the engineer. Jim Kaercher On what basis? Don Meyers They should have had that all taken care of. Chuck Dickerson There has to be some sort of protection. You just can't go along and all of a sudden have somebody change their mind and decide to do it different, then turn around and have to suffer the consequences. Jim Kaercher You have to understand one fact: the utility company is not the sub-contractor to the contractor. We can't take it back to the contractor in this case because we're dealing with a utility. Don Meyers How can the utility be any different than the painter or anybody else doing the work down there? They gave a bid. Right? Jim Kaercher Well Ken addressed that situation, our inspector and what he came up with. Well the telephone company said if you want telephone you have to come in from the east. One question, what had Joe Bradley decided? Lonnie:Kellogg I talked to him. Because of the difference, there was such a small amount, the City should go with the change order. That was his advice. Don Meyers I can't believe.that they didn't have an order from the phone company signed saying how much it was going to cost to do this job. MDU is a utility. We had an order signed how much it was going to cost to run the gas in there. Jim Kaercher Going back to the contractor. They have lost control because of that utility. If the utility changes their mind and wants to come in from the east and it takes 355 ft. to get there (the other way it's 80 ft.) that's all been hashed out before. Maybe you want to take it to the utility company. Don Meyers I just feel the contractor is at fault because he didn't have it in writing from the phone company as to how it was going to be done. Jim Kaercher We did have it in writing during the design. Don Meyers Well if they signed saying it was going to cost this much and it was going to come in from here, then the phone company should be liable for it. Jim Kaercher If you want to take it that way, that's fine. Don Meyers I feel we had a signed deal saying it was going to come from a certain place, cost us so much money. They gave it to us in writing. Jim Kaercher If you want to go after the telephone company, I guess that's fine, but I do~t think it's the contractor's burden. That's what this is all about; this is the contractor's money. page S Minutes of the City Council of Laurel Don M~yers The contractor doesn't pay the phone company. This was referred to Joe Bradley and it will be on the agenda for next Council meeting November 7, 1984. CHANGE ORDER and FINAL ESTIMATE the Street & Alley Committee so ORDINANCE REGARDING ELIGIBILITY ON SID #108: This has not been discussed by it will be put on the agenda for November 7th. TO APPOINTIVE OFFICE: ORDINANCE NO. 786 (lst Reading) ADDING SECTION 2~04.031, ELIGIBILITY TO APPOINTIVE OFFICE, OF THE LAUREL MUNICIPAL CODE. Motion b2 Alderman Harris that Ordinance No. 786 (lst reading} be passed and adopted, seconded by Alderman Krug. .Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE REGARDING ELIGIBILITY TO ELECTIVE OFFICE: ORDINANCE NO. 787 (lst Reading) AMENDING SECTION 2.04.030, ELIGIBILITY TO ELECTIVE OFFICE, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 787 (lst reading} be passed and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all aldermen present voted, "YES," with Alderman Kellogg voting, "NO." Motion carried 6--1. COMMITTEE REPORTS: --Budget/Finance Committee minutes of October 2, 1984, were presented and reviewed. Motion by Alderman Gauthier to enter into the record the Budget/Finance Committee minutes of October 2, 1984, seconded by Alderman Krug. Motion carried 7--0. --Police Committee minutes of October 4, 1984, were presented and reviewed. The police department is short handed due to Den's illness and the committee would like the Council's permission to hire a permanent patrolman position. Don Meyers asked how we could hire someone permanent when we don't know the status of these two men as far as if they are going to come back? I can see a temporary position. Discussion regarding permanent and temporary patrolmen. Alderman Dickerson would like to ask Council's approval to advertise for a temporary patrolman for nine months in the same fashion that we advertised for the last one. Motion by Alderman Dickerson to advertise for a temporary police officer for a maximum period not to exceed nine months, seconded by Alderman Carter. Motion carried 7--0. Motion by Alderman Dickerson to accept and enter into the record the Police Committee minutes of October 4, 1984~ seconded by Alderman Meyers. Motion carried 7--0. --Garbage Committee minutes of October 15, 1984, were presented and reviewed. Motion by Alderman Krug to enter into the record the Garbage Committee minutes of October 15, 1984, seconded by Alderman Dickerson. Motion carried 7--0. page 6 Minutes of the City Council of Laurel -~City-County Planning Board minutes of October 11, 1984, were presented and reviewed. Motion by Alderman Meyers to enter into the record the City-County Planning Board minutes of October 11, 1984i seconded by Alderman Krug. Motion carried 7--0. Motion by Alderman Kellogg to grant Adolph Frickel a City license pending fire inspection, seconded by Alderman Meyers. Motion carried 7-~0. --Parking Committee minutes of October 9, 1984i were presented and reviewed. The Parking Committee recommends including 1/2 block on the south side of 3rd Street by Laurel Federal Credit Union in the 2-hr. parking district. The Parking Committee also discussed the possibility of deleting these areas: (1) the south side.of East Main Street from Colorado Avenue to Wyoming Avenue, (2) Pennsylvania Avenue from East Main to 1st Street, and (3) north side of East Main Street from Wyoming Avenue to Pennsylvania Avenue. Discussion on co!leering.the 2-hr. parking tickets that have failed to show up. Motion by Alderman Carter to enter into the record the Parking Committee minutes of October 9~ 1984, seconded by Alderman Meyers. Motion carried 7--0. There will be a public hearing at the next Council meeting November 7, 1986, on parking. COMMENTS FROM THE PUBLIC: None. COMMENTS FROM THE ALDERMEN: Don Meyers stated he feels a letter should be sent to Mr. L. D. Collins from the Council thanking him for his application and the reasons why the Council chose Mr. Brennan. Lonnie Kellogg talked about the ambulance and first response. This means an ambulance attendant responding to a call in their own personal vehicle before the ambulance arrives. Motion by Alderman Kellogg to allow an ambulance attendant to first response in cases where there is only one attendant on duty, seconded by Alderman Dickerson. Motion carried 7--0. MAYOR'S COMMENTS: May0r.Ehrlick thanked all the aldermen for helping him pick the new Director of Public Works and the Maintenance Director. Dave Michael stated that October 23rd at 1:00 p.m., at the District Office of the Highway Department, there will be a meeting about the overlay job on 1st Avenue which is scheduled to be done in 1986. Dave asked if anyone from the Street & Alley Committee would be able to attend. The overlay job will be from J. C. Penneys to the Big Ditch. Dave also stated the overlay job to be done on Main Street is scheduled for some time in late 1985. It will run from Mossmain Interchange to the approach in the underpass. The gentleman from the State told Dave he hopes there will be enough money left over to continue south under the underpass to the Refinery exchange. Marvin Carter stated that the Safety Program put on at the Complex was excellent. Chuck Dickerson stated that 2 yrs. ago a CPR class was given to the City crew. It's something that has to be renewed every year. I feel that the crew should keep up with this practice. I'm sure Phil Curry, who is a CPR instructor~ will give the training again. some areas painted first. The job There being no further business to meeting was adjourned at 9:00 p.m. page 7 Minutes of the City Council of Laurel Dave Michael said K-Decorators did finish painting the reservoir last Friday. We are scheduled to chlorinate on Thursday, but I have to go back in and check looks good, what I can see of it. come before the council at this time the Approved Montana, by the Mayor and passed by the City Council of the City of Laurel, this 7th day of [~ovember, 1984. nald L. Hac~mann, City Clerk