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HomeMy WebLinkAboutCity Council Minutes 01.18.1983Minutes of the City Council of Laurel January 18, 1983 A regular meeting of the City CounciI of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Albert Ehrlick at 7:01 p.m., on January 18, 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Marvin Carter Duane Behm Donald Meyers Bill Brennan Susan Carter Rob Harris Bob Gauthier COUNCIL MEMBERS ABSENT: none. INVOCATION: Invocation was given by Reverend Gray. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of January 4, 1983, as presented, seconded by Alderwoman Sue Carter. Motion carried. CORRESPONDENCE: Received a thank you note from the employees at the library for the gift certificate they received on December 30th, 1982. Received the minutes of the December meeting and the December Activity Report from the Yellowstone County Air Pollution Control. Received a letter from the College of Great Falls regarding a program on public administration and they would like to know what chances for employ- ment exist in the City of Laurel for their Public Administration graduates. Received a letter addressed to Larry Peterson, City Engineer, from George Fox regarding garbage containers in the Village Subdivision. Marvin Carter reported that this letter will be discussed at the garbage meeting to be held Thursday at 5:00 p.m Received a copy of a letter addressed to James & Shirley CarmOny, 517 West 2nd, Laurel, MT. and a copy of a letter addressed to Linda Emineth, 1203 E. 6th St., Laurel, MT. written by United States Fidelity & Guaranty Company, the City's insurance carrier, advising them that their claim for water and sewer damages had been denied. Received a letter addressed to Don Hackmann, City Clerk, from Roger Odom of the Laurel Police Department. The Clerk reported that he had written a letter on December 30, 1982, to the empioyees who, according to State law, exceeded their maximum vacation accrual rate. An employee has 90 days from the end of the year to use this excess vacation or they lose it. Mr. Odom approached the City Clerk requesting that this time limit be extended. The Clerk said that he could not extend this time limit because it was State law but if Mr. Odom wanted to he could write a letter requesting it. This letter was received on January 17, 1983, requesting that he either be paid for the unused time or to extend the time limit to a later date because he was refused the vacation on four different occasions due to manpower reasons. Joe Bradley indicated he did not think this could be extended because it is set by State law. You have 90 days to use the excess. You can only accrue so much. He said that he didn't think we had any power to change it. It is unfortunate, but appears to be a scheduling problem. It has to be worked out within the police department. It is common that sometimes employees can not take vaca- tions when they want to but only when the department can spare them.~ Discussion regarding the 118 excess hours which is almost three weeks. Sue Carter wanted to know how he could build up that many in the first place. page 2 Minutes of the City Council of Laurel Joe Bradley reported that is the point and that might be part Of the problem. It is up to Roger to work it out with the department to take it in reasonable periods and that he can not go on a certain date because of manpower problems then he will have to adjust his schedule. Don Hackmann said that last year Mr. Odom had an excess of vacation hours that was not used by M&rch 31st and the auditors wrote us up for it in their audit report. Roger had scheduled to take this time off towards the end of March, but due to sickness he did not take the vacation. So I know the auditors will watch this very closely next year. Mr. Odom's l~tter..was referred to the Police Committee. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: City Clerk's and City Treasurer's Financial Statements for December, 1982, were presented for approval. Peg Kamerzel reported the int~re~t~rate on our current CD is 7.451%. Motion by Alderman Gaut~ier to accept the City Clerk's and City Treasurer's Financial Statements as presented, seconded by Alderman Kellogg. Motion carried. ALDERMAN - 4th WARD: Chuck Dickerson appeared before the Council and stated that he is seeking the position of Alderman for the 4th Ward. He stated further that he is a City employee and it has been mentioned to him by a Council member that by being a City employee there is going to be a conflict of in- terest in being a member of the Council and a City employee. If the City Council does feel this way towards this position, I wouId appreciate the opportunity of knowing this before an appointment is made for the Alderman in Ward 4. L. D. Collins also appeared before the Council Stating that he is also interested in seeking the position of Alderman in Ward 4. He said that he is a resident of Ward 4 and also runs a business in Ward 4. He said that he would like the position and that he is not with the City so that there would not be any conflict there. He said that he would do the best job he could to help the City in that Ward. Alderman Meyers presented a letter from Fred Feuerbacher III stating that he would be willing to finish the term of Mr. Don Meyers as a Council member from Ward 4. Due to his work schedule he was not able to attend the meeting tonight. Mayor Ehrlick asked the Council if they wanted to advertise for this position. Discussion regarding the resignation date. Joe Bradley said the way the law reads is that ~the seat becomes vacant When the Alderman moves out of his ward. There is no specific length of time in the statutes for when they take up residency somewhere else. Don showed me a law book today that defines residency as the place where one remains when not called elsewhere for labor or other temporary purposes and returns at seasons of repose. Obviously if you are a resident one place, you are not a resident anywhere else. I don't know if Don has changed residences or just what hia status is, but if resi- dence is changed the way the law reads is that the seat becomes vacant. Discussion. Mayor Ehrlick mentioned that Don Meyers would remain on the Park Committee and the Street and Alley Committee. Motion bM Alderman Marvin Carter to advertise for people who are interested to write a letter to the City Clerk expressing their interest in being an Alderman in Ward 4 and that the Council will pick Don Meyers' successor at the first meeting in March. Deadline for receiving applications will be February 15th which is the last Council meeting in February, seconded by Alderman Kellogg. Motion carried. page 3 Minutes of the City Council of LaUrel Bonnie Killebrew commented that a man here stated that he works for the City. You had a patrolman working on an Ambulance crew and refused to allow him to work both positions; therefore, I suggest that you do not allow this man to hold two positions. Duane Behm commented: Chuck, to answer your question. As far as I am feeling I think there could be a conflict of interest with a City employee being on the Council. Not saying there necessarily will be, but the possibility is there. I understand that you are not the only City employee considering running for a seat. Right now I don't think there are any City ordinances prohibiting employees on the Council, but I think there could be a conflict of interest alright. Discussion. Joe Bradley was asked if we had any ordinances or resolu- tions regarding City employees serving on the City Council. Joe responded that he didn't think we do have anything, but I'll bet it is fairly common. You can't stop anyone running for office, but what you would have to say if they were a City employee they would have to resign their position if they want to be the Alderman. I'll bet that kind of think will come up and we could check around. Obviously there could be a conflict of interest for example in City budgeting, salaries, contract negotiations. Obviously an employee couldn't take any part in that. During the day the emplo~e would have a Department Head as supervisor. Then at night the Alderman becomes his boss, so I can see conflict of interest there too. I'll bet it's kind of common. We should cheek around and see. Andy Loebe stated that over at the Laurel Library they have the His%cry of Laurel. There was a woman who worked in a City Hall office and she served on the Council. I forget the name, but I beIieve it was that lady who passed away and they planted a tree or the City did something for her. This has been only 10 or 12 years ago. It was mentioned by several members of the Council that she served on several committees and on the Library Board but not on the City Council. Sue Carter has been the only woman here ever on the Council. ORDINANCES REGARDING WATER DEPOSITS~ DELINQUENT ACCOUNTS AND UNAUTHORIZED PERSONS TURNING WATER ON: ORDINANCE NO. 722 (first reading) AMENDING SECTION 13.04.130, WATER DEPOSITS Discussion. Motion by Alderman Kellogg that Ordinance No. 722 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted, "Yes," except Alder~oman Sue Carter who voted, "No." ORDINANCE NO. 723 (first reading) AMENDING SECTION 13.04.135, FINE FOR UNAUTHORIZED PERSONS TURNING WATER ON. Discussion. Motion by Alderman Kellog$ that Ordinance No. 723 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote, all aldermen present voted, "Yes." ORDINANCE NO. 72~ (first reading) AMENDING SECTION 13.04.120, DELIN©UENT ACCOUNTS page 4 Minutes of the City Council of Laurel Discussion. Motion by Alderman Kellogg that Ordinance No.724 be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote, all aldermen present voted, "Yes." ORDINANCE RECODIFYING LAUREL MUNICIPAL CODE: ORDINANCE NO. 725 (first reading) ADOPTING A REVISION AND CODIFICATION OF THE LAUREL MUNICIPAL CODE, 1982. Discussion. Motion by Alderman Kellog~ that Ordinance No. 725 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted, "Yes." ORDINANCE AMENDING THE GAMBLING ORDINANCE: ORDINANCE NO. 726 (first reading) AMENDING SECTION 5.48.040B, FEES, OF THE LAUREL MUNICIPAL CODE. Discussion regarding the purchase of an annual bingo license to be used for only one night during the year for a fund raising project. Peg Kamerzel was asked to check t~e current code to see if this provision already exists. If not it could be added at a later date. Motion by Alderman Behm that Ordinance No. seconded by Alderman M. Carter. Upon taking a roll present voted, "Yes." COMMITTEE REPORTS: Alderman Meyers presented a Resolution establishing a policy for an employee retirement gift. Resolution No. 1960 was passed on J~nuary 4th, 1983, establishing a policy to issue a retiring employee a gift certificate. However, because of IRS regulations which state that a cash gift or a gift certificate must be included in the gross income on an employee's W-2. It was decided that an employee will receive a gift purchased from a local store of their choice 726 be passed and adopted, call vote, all aldermen follows: in the amount indicated as to the years of service as 1--10 years $25.00 value of gift 11--15 years $50.00 16--20 years $75.00 21 & over $100.00 resolution would supercede Resolution No. NO. 1961 A POLICY FOR AN This 1983. Discussion. RESOLUTION A RESOLUTION' ESTABLISHING RETIREMENT GIFT. 1960 passed January 4th, EMPLOYEE Motion by Alderman Behm that Resolution No. 1961 be passed and adopted, seconded by Alderwoman Sue Carter. Motion carried. The Clerk announced that the City of Laurel will hold a public reception on January 28th, 1983, from 2:00 to 4:30 p.m. in the Council Chambers to honor Dewey Nunn, Ina Anderson, Arlene Beven and Walt Menello for their many years of dedicated service with the City. pa e 5 Minutes of the City Council of Laurel A letter will be written to each person advising of their gift and the date and time for the reception. Budget-Finance Committee The minutes of January 4th, 1983, were presented. These minutes were discussed at the last Council meeting; however, they were not entered into the record. Motion by Alderman Behm to accept and approve the minutes of January 4, 1983, seconded by Alderman Meyers. Motion carried. The Budget-Finance minutes of January 10th, 1983, were presented and reviewed~ This meeting was held to discuss the suit against the City by George Fox of Village Subdivision regarding the $500.00 sewer hookup fee. The committee recommended that the City of Laurel hire Larry Herman as counsel to assist the City Attorney in this suit. Discussion. Motion by Alderman Behm to approve and enter into the record the minutes of January 10, 1983, and that the Council adopt the committee's recommendation of retaining Larry Herman to assist Joe Bradley, seconded by Alderman Meyers. Motion carried. A resolution was presented which would authorize the Mayor to sign an agreement fo~ legal services. RESOLUTION NO. 1962 AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES. Motion by Alderman Kellogg that Resolution No. 1962 be passed and adopted, seconded by Alderman Behm. Motion carried. The Budget-Finance minutes of January 13th, 1983, were presented and reviewed. This meeting was held to discuss the sewer revenue bond sale of $725,000 with Kreg ~on~s of D. A. Davidson Co. and Jim Kaercher of HKM Assoc. It was reported that the City of Laurel has received notification from EPA of an increase in their grant. The committee recommends that D. A. Davidson be the City's financial consultant for the sewer revenue bond issue. Motion by Alderman Behm to approve and enter into the record the Budget- Finance Committee minutes of January i3, 1983, and to accept the committee's recommendation that D. A. Davidson be the City's finaneial con- sultant for the sewer revenue bond issue, seconded by Alderman Meyers. Motion carried. The committee reviewed a purchase requisition for a heart monitor in the amount of $6,898.50. This is a budgeted item and is to be purchased from the equipment reserve cash account. The committee recommended approval. Motion by Alderman Behm to approve the purchase of the heart monitor, seconded by Alderwoman Sue Carter. Motion carried. The Budget-Finance Committee also reviewed a purchase requisition in the amount of $527.50 for radio head sets and accessories. $7,500.00 was budgeted for the heart monitor and the Ambulance Committee proposes buying a demonstrator thereby saving enough to purchase the head sets. However, the committee had questions as to the need of these head sets. Sue Carter reported that these head sets are necessary for better communication between the ambulance atten- dant and the driver plus better communication between the ambulance and the hospital. The present walkie-talkie does not carry very well over the noise of the ambulance motor. It also frees the attendant so that he can do what page 6 Minutes of the City Council of Laurel needs to be done to the patient. Motion by Alderwoman Sue Carter to approve the purchase of the head sets and accessories, seconded by Alderman Brennan. Motion carried. The committee reviewed a purchase requisition for a portable asphalt re- cycling machine in the amount of $18,000--$20,000. This is budgeted in revenue sharing and the money is on hand. Larry Peterson reported that he went to the State Highway Dept. in Billings and ~ked at a machine made by Corning-Bomag roughly around $12,000. The State has had several in service ~r over a year and they just took delivery on four more. They are very pleased with them. He expects to get a competitive bid on a machine like that, and there should be substantial savings on the $18~000 that was budgeted. The committee recom- mended that the City advertise for bids for a patching machine. This was referred to the Street and Alley Committee so that specifications can be drawn up and an advertisement prepared. A resolution was presented to transfer $3,790.24 from SID 93 bond sinking fund to the SID revolving fund. RESOLUTION NO. 1963 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Meyers that Resolution No. 1963 be passed and adopted, seconded by Alderman Kellogg. Motion carried. A resolution was presented to transfer $361.25 plus any future delinquent taxes collected from Light Maintenance District No. 1 to Light Maintenance District No. 3. The boundaries of Light Maintenance District No. 1 were changed and renumbered and designated.'as Special Light Maintenance District No. 3. RESOLUTION NO. 1964 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Behm that Resolution No. 1964 be passed and adopted, seconded by Alderman Harris. Motion carried. Motion by Alderman Kellogg that any future developments coming into the City have a new lighting district set up, seconded by Alderman Meyers. Discus- sion. Joe Bradley commented that he would have to discuss this with Cumin Associates because it has ~mathing to do with planning and that an ordinance can be prepared later. Alderman Kellogg withdrew his motion and Alderman Meyers withdrew his second. License Committee The committee mind, es of Januaryl4th, 1983,were presented and reviewed. The committee recommends Council approval that a City license be issued to Dona Reta Dance School, 419 W. Main, and Greg Samson dba Commercial Roofing and Water Proofing out of Billings. Motion by Alderman Brennan to approve a City license for Dona Reta Dance School and Greg Samson, seconded by Alderwoman Sue Carter. Motion carried. The minutes also indicated that a committee member and other liquor establishment owners voiced their displeasure with the fee set on Keno games. They also wanted to go on record as ~posing any increase in the liquor license fee. page 7 Minutes of the City Council of Laurel Motion by Alderman Brennan that the minutes of January 16th, 1983, be approved and entered into the record, seconded by Alderwoman Sue Carter. Motion carried. There was also discussion regarding a City license for K & E Craft. MAYOR'S COMMENTS: The Mayor reported that Floyd Rimert had passed away and that Bonnie Killebrew had expressed an interest to serve on the L~cense Committee and that he would like to appoint her to this committee. It was suggested that a card and flowers be sent to the Floyd Rimert family. Motion by Alderman Meyers to approve the Mayor's appointment of Bonnie Killebrew to the License Committee~ seconded by Alderman Marvin Carter. Motion carried. CITY-COUNTY PLANNING BOARD: Joe Bradley presented and reviewed the minutes of January 13th, 1983. Discussion. Motion by Alderman Meyers to accept and enter into the record the minutes of January 13th, 1983, seconded by Alderman Behm. Motion carried. Larry Peterson reported that he wanted the Council to know that we took delivery on the new packer mounted on one of our old garbage trucks. With the exception of a couple of minor adjustments it seems to be working fine. The new packer and the new truck is estimated to be here around the end of February. Dave Michael reported on work at the water plant. Part of the windows are in and are waiting for delivery of the rest of them. Merle Cherry started on the roof of the old building today. Dave also presented the Council with a copy of the sewer rates so that they may be reviewed before the next Council meeting which is a public hearing on the sewer rate increase. Duane Behm commented on the good job at the water plant. It finished out nice, and I think we are going to notice a significant drop in the gas bill down there. Dave Michael also mentioned that the office area itself is a lot warmer now than it ever was since he has worked for the City. Duane Behm mentioned that there will be a Budget-Finance Committee meeting next Wednesday, January 26th, at 7:00 p.m., to conduct a 6-mo.review of the budget. Joe Bradley reported that he was visited by a member of the Department of Justice who travels around and works with cities on signing and speed zones. Ne notified us that we may have to update some of our regulatory signs around town. This was referred to the Street and Alley Committee. Joe said that he would work with them on this. There being no further business to come before the Council at this time, the meeting was adjourned at 8:20 p.m.~~~~" Donald L. Nackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 1st day of February, 1983. Albert Ehrlick, Mayor ATTEST: D~nald L. H~ckmann, City Clerk