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HomeMy WebLinkAboutCity Council Minutes 02.01.1983 Minutes of the City Council of Laurel February 1, 1983 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 7:02 p.m., on February 1~ 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bill Brennan Mar~in Carter Susan Carter Duane Behm Rob Harris Donald Meyers Bob Gauthier COUNCIL MEMBERS ABSENT: None. INVOCATION: Invocation given by Reverend Whanger. MINUTES: Motion by Alderman Behm to approve the minutes of the regular meeting of January 18, 1983, as presented, seconded by Alderman Kellogg. Carried. CORRESPONDENCE: Received a thank you from the Rimert family for flowers sent in memory of Floyd Rimert. Received resignation letters from Douglas Steinhart, Ernest Biller, and Earl Linger resigning from the Police Commission effective immediately. Received a letter of resignation from Charles Dickerson, City Employee~ effective February 25, 1983. Motion b~. Alderman Meyers to accept all of the above four resignations, seconded by Alderman Brennan. Discussion. Don Meyers said he would like to know what the deal is that we are getting all these resignations. Albert Ehrlick On the Police Commission, we had a meeting and if you want to wait until we have our Committee Reports you will see what the meeting is we had on it. The Union filed a grievance and I thought rather than go all through the grievance and everything~ we decided to appoint Rick Musson on the second job. Evidently the Police Commission didn't figure it was right. Providing he would go to this schooling in February for the Police Reserve. Don Meyers We are kind of looking down at all of our committees. These committees were set up for a purpose and if we do not accept the recommendations of our committees Albert Ehrlick Do you want to arbitrate it? It's fine. Ail I have to do is call up the Union. Don Meyers How does the rest of the Council feel on this? Bill Brennan Are any of the committee's recommendations always followed? I figure if I win one out of 5 I am doing pretty good. I didn't see anyone at that meeting accused of not doing their job or anything else. Don Meyers I just want an explanation of why these people are resigning. Albert Ehrlick Ail Musson was going by was the minimum qualifications (Albert read the qualifications from the Police Commission Handbook). Don Meyers First of all, Mr. Mayor, no one body has been recommended to the Council to fill this position. That's all I was asking. If he has been recom- mended, the Council has not been acknowledged to the point. Has he been appointed? Albert Ehrl~ck He has not been appointed. I was going to bring that up at this Council meeting. That we would go with their first appointment and Rick second. page 2 Minutes of the City Council of Laurel Sue Carter If you are going to promote within the Union, which is the way we have it set up through our contract and through our steps Albert Ehrlick We should do some changing in these, I agree, that's what Joe said. Sue Carter However, if we are going to do it then we shouldn't have sent this to the Commission. They spin their wheels, and I can understand why they are a little upset. Albert Ehrliek OK Now let's go a little further. I sent Rick to Earl Linger to talk to him. Then he refused to interview him. Ask Alan Crowe. Alan Crowe took it upon himself to give him the test and he told Earl Linger for him to take the test and after he took the test, he was second in the test and he still refused him. Sue Carter But I mean should it have even gone to the Commission if it's already a promotion within, that's my question. Albert Ehrlick You mean give him a promotion automatically? Sue Carter That's actually what it says in the Union Contract, doesn't it? I do realize that the Police Commission does some of the hiring, but the Union Contract probably supercedes that. Albert Ehrliek He still has to take the test regardless. Sue Carter That's the only reason I am asking these questions. Maybe these people felt they spin their wheels for nothing. Maybe they did, because within the Union Contract these people do have the right of the next - - Albert Ehrlick I sent Earl Linger even a contract. You ask Pat. She put it in his locker. And I asked him to read it. Joe Bradley I think we have to have a Police Commission. Sta~e law requires it. They have to consider all new openings, so if there is a conflict State law has to control.over the Union Contract. But they do have a limited job and that is they are just to examine the applicants and see that they meet the minimum qualifications as set forth by the Montana Board of Crime Control. And then they are to just really to inform the Mayor of everyone who meets the minimum qualifications. In the pas~,']I guess they have recommended a man and surely that's the man who was hired. But the Mayor has chosen to do it different this time. We do have to have a Police Commission and you can't avoid referring it to them. That's required. Albert Ehrlick I have two appointments to the Police Commission tonight, and I will need a third one and I would prefer a woman at this time. A vote was taken on the motion of accepting the resignations. Motion carried with Marvin Carter voting, "No." Received a letter of resignation from Delnetta Kerr, Director of the Ambulance Service; however, she wants to stay on as an attendant. Motion by Alderman Meyers to accept John Church as the Director of the Laurel Ambulance Service, seconded by Alderwoman Sue Carter. Motion carried. Received a notice from Claire Bell Mitchell regarding a foot injury at the swimming pool on June 21, 1979. The City's insurance carrier has been notified. page 3 Minutes of the City Council of Laurel PUBLIC HEARING - SEWER RATE INCREASE: This being the time and place advertised, a public hearing was held. Lonnie Kellogg The City Attorney will present its case for the rate increase. He will call on expert witness which is Steve Quail from HKM Associates. He will ask questions of the witness, and after Joe has finished examining the witness, the audience can then ask questions of Steve Quail. After that cross examination has finished, we will open it up to any other witnesses that would like to be called or any questions you might have of the Council or Utilities Direotor. Joe Bradley For the audience and for the record, would you please state your full name and your place of employment. Steve Quail My name is Steven John Quail and I am employed by HKM Associates, Billings, Montana. Joe Bradley What is your job with HKM Associates. Steve Quail I am project engineer. Joe Bradley Steve, has HKM been hired by the City of Laurel to prepare, analyze, and design a new sewer facility? Steve Quail Yes. The design has been completed at this time and it has been presented to both the City and the State Water Quality Bureau for their review before construction bids. Joe Bradley Do you remember about how long this project has been ongoing? Steve Quail It was originally initiated back in 1974, with facilities planning completed about three years ago. The construction plans were being designed the past 14 months. Joe Bradley Did you, yourself, prepare a report for the City analyzing the necessary sewer rate charges? Steve Quail Yes, I did. It's entitled, "Final Report on the Wastewater Utilities Revenue Requirements and Rates for Laurel, Montana." Joe Bradley This was written by you? Steve Quail Yes, it was. Joe Bradley Then we'll let the record show that there is submitted a copy of the "Final Report on the Wastewater Utilities Revenue Requirements and Rates for Laurel, Montana" to the Council for consideration. Steve, why is it necessary to increase the sewer rates at this time? Steve Quail It has been mandated for a sewage treatment plant to be construoted by the Water Quality Bureau, Department of Health and Environmental Protection Agency, under the Clean Water Act. At present, the City of Laurel is now vio- lating their discharge permit as established by the Water Quality Bureau. Joe Bradley What is the nature of that violation? Steve ©uail The violation is generally in the area of soluable organic biochemical oxygen demand compounds. It is exceeding somewhat in the area of suspended solids, but it's the BOD that is the biggest Joe Bradley Can you explain to the Council and to the audience what the new plant will accomplish that the present facility does not? page Minutes of the City Council of Laurel Steve ©uail The existing facility right now was designed and has been opera- ting effectively for its design which was basically to remove suspended solids from the wastewater. The new facility will include upgrading and en- larging the clarifiers, in fact having two clarifiers rather than one just for capacity reasons. It will go into an RBC unit, Rotating Biological Con- tact, which is a biological secondary wastewater treatment process, again clarified and discharged. Basically the biochemical reactions, that would be the moving aside the organics which is the biggest problem in the discharge treatment. Joe Bradley Would it be. fair to say then, that there are really two reasons for the new piant at this time? The first would be the capacity that you mentioned, the present facility is soon to reach capacity; and the second reason is to comply with.the Federal Government's requirements as to the cleanliness of the discharge. Steve Quail Yes, that's correct. Joe Bradley What's the usual design life that you engineers build into these plants? Steve Quail The normal design life for a sewage treatment plant or water treatment plant is a 20-year design life. Joe Bradley Has HKM, or you through your studies, determined an estimated cost for this project? Steve Quail The project cost is outlined within the report and found on page 19. The total construction cost of the Laurel Wastewater Treatment Plant is $5,049,476. Joe Bradley Where is that money going to come from? Steve Quail 75% of that money, or $3,787,107, will be coming from.the Environ- mental Protecti.on Agency. The City of Laurel has been collecting some addi- tional revenues over the past couple of years. The amount iS $610,000 which will be going towards this project also. Joe Bradley Where does that $610,000 come from? Steve Quail It is right now in a couple of accounts, both Certificate of Deposits entitled Sewer Improvements and Sewer Additions. Those monies have been generated by excess operating revenues as well as hook-up service charges. Joe Bradley Then besides the $610,000, how else will the City come up with the 25%? Steve Quail The remainder of the money, which will amount to $750,000 will be obtained through bonding. That $750,000 is also an estimate based on 11½% bond- ing, which could feasibly be less than that. Maybe 10% or even a little lower as a result of the recent bond market. Joe Bradley That would be because interest rates have been coming down, and the City would have to pay less interest on the bonds. Steve Quail This is correct. Joe Bradley Then, let's go into the actual rates that you have figured in this report. First we will take residential customers. Can you describe for the record and for the audience how the residential sewer use fee is calculated and how it will be implemented? page 5 Minutes of the City Council of Laurel Steve Quail The numbers that have been presented in Table 10 of the report are based on average customer usages. That means the average of everybody -- the average month of the average customer. Chances are very few people, if any, will hit these numbers exactly as far as the sewer rates go, due to the fluctuations in water consumption and sewage useage. Primarily as far as residential customers are concerned, it will be a six-month period of the year where they will be charged for the actual metered water that it dis- charges. That six-month period is for the winter months and then the water usage will be averaged over the summer months to account for the irrigation which that water does not go down the sewer. Joe Bradley Is it true that you have designed a rate structure that would more or less impose fees in proportion to usage? Steve Quail Yes, it's directly proportional to usage. The rate in Phase I is 99~ per 100 cubic feet charged for water. Then, in addition to that, there is a $3.37 base charge which accounts for items such as accounting and the general billing process. Joe Bradley This dollar figure per 100 cubic feet will be measured at the water meter? Is that right? Steve Quail Yes, it is. Joe Bradley Then you did say that to take into account for irrigation during the summer which does not go into the sewage treatment plant, the summer months billing will be an average of the winter months billing. Steve Quail Yes, that is correct. Joe Bradley Do you have a figure of what the average increase in a residential bill will be? Steve Quail The average residential increase is about $3.40 per month. Joe Bradley Going on to the next category - commercial. Could you explain how that was calculated? Steve Quail The commercial fee is essentially the same as the residential. The major difference is it's based on a business such as one on Main Street in Laurel, where there is no irrigation. So that throughout the entire year, their bill will be based on the actual water usage. Joe Bradley There will be no averaging over the summer months for most commer- cial users? Steve Quail Not for most, right. Joe Bradley Now there are several commercial users that have been treated a little differently under this program, is that right? Steve Quail Yes, there has. Joe Bradley For example, Burlington Northern Plant, can you explain how their structure is? Steve Quail As far as Burlington Northern, they really aren't being treated any differently than the rest of the other commercial customers. The reason for the large increase in Burlington Northern is that in the past they had a contract which their sewage disposal was considerably less than everybody elses. At least the Burlington Northern industrial waste was a lesser charge than the rest of the consumers within the community cubic foot per cubic foot basis. page 6 Minutes of the City Council of Laurel Their charge would be based on the same rates would be on. Joe Bradley residential Steve Quail Joe Bradley explain how as the regular commercial customers And the commercial customers are generally on the same rates as the customers? Yes. Then Cenex Oil Refinery is treated a little differently. Would you that works? Steve Quail Cenex Oil Refinery is somewhat unusual. They purchase water from the City of Laurel for process purposes. They do have their own wastewater treatment facility, a sewage lagoon to handle their processed waste. Their sanitary waste, however, does enter into the City of Laurel's sewage collection system. But there is no easy means or no means available to meter or segregate and come up with the amount of water that is actually being disposed into the sanitary sewer. As a result we made some estimates of the disposal into the sanitary sewer specifically from their offices, which then we can make some estimates on what their actual water usage is and correlating that to a current per employee charge. Based on what the estimated water was. Joe Bradley So they are pretty much being billed for sewer charges on a number of employees? Steve Quail Yes, they are. Joe Bradley What is that figure currently, do you know? Steve Quail Currently the figure is 50~ per employee. Joe Bradley Per what volume of water? Steve Quail We estimated on that to be ena per employee basis would be about 25 gallons per day. Joe Bradley What does that go up to in Phase I of your rate structure? Steve Quail The Phase I rate would increase to 98~ per employee. Joe Bradley The Laurel-Worden Creamery then perhaps most of the audience have been reading articles in the paper about some problems regarding the sewer rate at the creamery. Could you describe how their rate structure has been designed? Steve Quail Their rate structure, the way it is established at present, is using the same formula as the other commercial customers, which is 99¢ per 100 cubic feet plus the base charge of $3.37. The reason that they have had some discus- sion or notariety in the press has been a result of a proposed surcharge that would come into effect as an agreement between the City and the creamery on Phase III of the sewer rates. Joe Bradley That would be two years from now. Steve Quail Yes, that is right. The surcharge, what is that tied to? The strength of the sewer Joe Bradley waste? Steve Quail Yes. We did some monitoring in the late part of last year to deter- mine an estimated strength of wastewater being discharged from the creamery and found that it was in fact considerably higher than the average residential users strength. page 7 Minutes of the City Council of Laurel Joe Bradley Does that excess strength put an extra tax on the sewage facility? Steve Quail Yes, it would. The plant is designed to remove the soluable organic material in which that is also what the plant is designed for and that is what's being predominately discharged from the present process. Joe Bradley Then the next category in the table is tabled institutional. Could you describe what industries make up that category? Steve Quail Primarily the medical facilities throughout the community, nursing home and the schools. Joe Bradley On what basis will you assess the sewer charges? Steve Quail There again we go back to basing it all on flow and on the base charge which is correlated directly to how many bills the Cfty sends out in respect to the customer. Joe Bradley Will the schools be treated any differently in the winter than in the summer? Steve Quail Yes, they will. The schoo~ have a unique situation where they are primarily in operation only 9 months out of the year and in the summer time there is very little sewage disposal. There is high water consumption that there would be primarily as a result of irrigation. There again, same as~!in the Cenex Oil Refinery there is no economical means of segregating the irrigation water meter- ing from the water that is used within the schools. What has been proposed in a way to implement that would be to take the 6 months average, billed similar to the residential customers throughout the winter 6 month period. Make that average over the additional 3 months, which would make up your 9 months. Then there would be a small fee for sewage disposal for the summer 3 months, which basically is only about 4 or 5 employees within the school system. Joe Bradley How would that summer fee be calculated? Would it be a flat fee? Steve ©uail If there is a means of a way to segregate the water within the ad- ministration building, that would be the means to do that by. Joe Bradley Then your final category is public. Can you describe what is in- volved? Steve Quail The public involves primarily the publicly owned facilities: City Hall, Library, the Fire Safety building. Joe Bradley Would they be assessed charges at the same formula? Steve Quail The same formula as the commercial would be. Joe Bradley What are these sewer usage fees designed to cover? To what will this revenue that they collect in sewer fees be applied? Steve Quail Phase I revenues that would be eollected cover operational expenses of the existing wastewater treatment facility and to cover the annual principal and interest payments for the bond which is required to pay for the construction of the facility. Joe Bradley You've got the three phase sewer fee implementing schedule. When will Phase II go into effect? Steve Quail Phase.II would go into effect approximately one year from now, which would probably be a 12% increase, and Phase III would go into effect approximately two years from now. page 8 Joe Bradley Steve Quail Joe Bradley Minutes of the City Council of Laurel There would be additional hearings at that time? Yes, there would. Right now we're just concerned with Phase I. Steve Quail The reason we have gone to the three phase approach is a result of legislation two years ago, with the Montana legislature which allowed com- munities to increase their utility rates owned by the municipality either for mandated projects or by 12% per year. What this does for the advantage to the City is it decreases actual cost of the hearing and saves time in the hearing process. Joe Bradley Steve, are you satisfied with the accuracy of your figures on the report? Steve Quail Yes, I am. Joe Bradley That's all of the questions we have, Mr. Mayor. I think we will open it up for questions from the Council followed by questions from the audience. Mayor Ehrlick Is there any question from the Council? Alderman Kellogg Steve, I have two points that I would like to make. The figure you mentioned on the bonding was $750,000. The actual figure is $725,000. And also in the format which was handed to the Council~ in Phase III the actual figure charged here to the creamery -- the creamery and the City -- at the time the plant goes in, will negotiate the value of that dollar because the creamery is going to make some changes in order to reduce that amount. Alderman Meyers Steve, what's the actual percentage of increase on Phase I? Steve Quail The actual percentage of increase in Phase I is difficult to say. It varies from individual to individual. On an average the commercial will in- crease approximately 81%, residential 51%, Burlington Northern 218%, refinery 96%, and the creamery 155%. The reason for the differences in the increases is a result that we have decreased the base charge from $4 to $3.37, which is the fee this is required to take care of funds for the people here in City Hall to process the bills. By that going down and the actual increase on a per cubic foot basis is 2½ times the rates have increased for the volume of water for the wastewater discharge. As a result the residential customers, being a lower volume user, benefit somewhat by the decrease in the base charge. It depends basically then on how much benefit they're going to gain as a result of how much wastewater is being discharged. Alderman Marvin Carter So in the residential we'll see an increase from 50¢ per hundred cubic feet to 99¢, is that right? Steve Quail 40¢ to 99¢. Alderman Kellogg Is there any question from the audience? Bob Singleton Do you have the school's percentage based on your original amount? Steve Quail (can't interpret the response) Bob Singleton It's about 500%. I think maybe we'v~ worked part of that out. Alderman Kellogg Are there any other questions from the audience? Alderman Meyers With the economy the way it is, don't you think we are being kind of harsh on these people? I know it's a Federal standard that we have to do this, but when you take a look around here at Burlington Northern and Cenex~ page 9 Minutes of the City Council of Laurel they are two of the biggest companies that are funding this town right now and we're looking at giving them a 250% increase. When they look at expansion how can they look at the City of Laurel and say we're going to expand in Laurel, Montana, because they can turn around and go somewhere else and they are probably not going to get stuck for this high of a This is a small thing, but still when you look at the economy the way it is I think the Council should take a good look at this. Steve ©uail Part of the reason for the large increase with the Burlington Northern was that the previous contract that was established between Burlington Northern and the City, which was several rate increases ago, as far as their industrial waste goes, that rate could not be changed untii the new facilities were actually under construction, which is now. So right now they are being charged 22½9 per 100 ]cubic feet. Where you.as a residential customer are being charged 409 per 100 ]cubic feet and that is a result of a past agreement between the City and the railroad. That's the major reason for the large in- crease. Alderman Meyers Burlington Northern also has their own treatment plant for part of their wastewater, right? Steve Quail That's the industrial waste, yes. They have that because they have a high quantity of oil and grease. If they did not have that the City of Laurel would be required to have a similar facility to handle that additional oil and grease that would be coming into it. There again, imposing a higher cost into the system as a result of that. Alderwoman Sue Carter What happens to these rates if one of our major industries goes defunct? Someone has got to pick it up. Let's face it, they are pulling out of Livingston quite rapidly, the railroad is, and the possibility is there, whether we want to face it or not. Do you have anything built in here for that? Steve Quail Not really for that, I based it on what is existing. This only a short range plan as well. Normally rate increases, even if you go to the Public Service Commission, are only for a three-year period. So that in time if there is necessity, there would be that. We have built in, which really doesn't amount to as much as you are talking about, a 10% contingency or build-up factor which is intended anyway to go to future expansion, upgrading your collection system, and this type of thing. Which are going to happen and you're going to need revenues for that. Alderwoman Sue Carter That could pick up partially for the moment. There needs to be something in there for back-up. Alderman Meyers Also, when you look at the 500% increase for the school system the taxpayers that are paying 50%, they are actually picking up the 500%, so spread out over that they are paying the 500% plus the 50%. Steve Quail They are paying that, but you have to also consider within the school system they don't only take the City residents who are using the sewer system. Your school district is much larger than your community. So then it is being taxed to all of the users of the school. Del Teeters In my opinion there is quite a misunderstanding in the agreement we reached with the committee as compared to what was presented here tonight on our part. Now he is talking about 150% increase for us and there was no such figure at any time agreed to by us at the creamery with the committee as we met up here. Nor was that the figures or the kind of figures that was presented to the Council for approval the following meeting. Our position still stands where it was at the page 10 Minutes of the City Council of Laurel time of that meeting, if we don't get realistic. Mayor Ehrlick I think that's right, Lonnie. Del Teeters The figures that he presented here tonight are not even close to the figures that was agreed upon with Mr. Carter, Mr. Behm, and the other mem- bers here, Lonnie. So at this time I would like to bring that to the floor and the attention of the whole COuncil, because we might have a totally different program than what you are anticipating in the event that we are going to go this route. Our position stays where it was at that time, and it will remain there until the whole issue is resolved. Alderman Behm Del, as I recall on the meeting we had, the agreement that we tentatively came to was on the additional sewer charge, the surcharge, which would have made your monthly bill in the neighborhood of $1,000 a month. Del Teeters No. That wasn't my understanding, nor Bruce's. I'll tell you what our understanding was at the time. That we accept the same rate increase as the others. We didn't accept 50% for the general public and 150% for the Laurel-Worden Creamery. That was our understanding. And the surcharge as we talked about, we had another term we used in there, Duane. I don't remember what it was, but Alderman Behm Waste discharge permit. Del Teeters Yes, we were to address that at the time we went on line. But it was no 150% increase that was ever discussed at that meeting with us. Now, may- be it was discussed when we weren't present, but it was not discussed at that time nor was it presented to the total Council for approval on the following meeting. Alderman Behm The base rate wasn't presented? As I recall we presented our tentative agreement on the waste discharge permit. Alderman Kellogg As I recall this is the way the motion had read, Del, and I believe both you and Bruce were there at the time these were read, "The committee discussed the rate structure and after a lengthy discussion a motion was made by Larry Peterson to adopt the rate structure as amended and proposed on Novem- ber 3, i982, seconded by myself." Your average bill right now is $97.88 for the sewer bill. than I have got, because And you say your bill Del Teeters You have got a different set of figures it's running a lot higher than that for last year. Alderman Kellogg This is just sewer. Del Teeters Yes, I know it. Alderman Kellogg This is according to Steve's figures. is running higher than that? Del Teeters Yes. Alderman Kello$$ Well then your go to $249.87 average. Del Teeters That would be about for sewer. Some months, it has been a little less, As a matter of fact, last summer it was like $250. Alderman Behm For just the sewer bill? Del Teeters Yes. bill wouldn't increase 150%. In Phase I it will 150%, yes. Our bills are running $100 to $125 some months it's higher. page ll' Minutes of the City Council of Laurel Alderman Meyers Wasn't it decided though if you took care of your buttermilk that your sewer rate would go way down? Alderman Kellogg That was on the surcharge. This is based on the amount of water he is using. This $97.88 or as he says it's a little more, is the same rate as all the other commercial users are paying. Alderman Meyers Strictly on water usage? Alderman Kellogg Right. Del Teeters This is my understanding and my understanding we was talking about 40 to 60% rate increase. And when I left that meeting, this was my understand- ing of what we were talking about. We certainly never at any time were talking about 150% increase. It was never brought up to that kind of a percentage ever. Except, when it was something like that, or well, it was worse than that. It was a thousand and some percent increase when they originally proposed it. Alderman Kellogg Are there any other comments? Mar~on Coleman I am representative of the school district and we certainly would like to enter a formal protest against the sewer raise. But what we would like to do is maybe have the opportunity to sit down with the committee and go over some of the figures that we see here, the 500% increase and maybe rationa- lize out what's happening and maybe make some adjustments. Alderman Kellogg This was my next statement. At the close of this hearing I would like to announce that there will be a Public Utilities Committee meeting February 8, a week from today, at 4:30 p.m. in the afternoon. Any protestors that protested at this meeting are more than welcome to come to discuss their individual problems. The committee will then make a recommendation to the Council to adopt or not adopt the rate structure or to revise it. And we will also have a representative from HKM there to discuss these rates with us. One letter of protest from Agnes Lawrenz was entered into the record. Public hearing is now closed. Larry Peterson The Council has already adopted a rate structure, what we would be looking at is the actual rates. Mayor Ehrlick Adjustments. Del Teeters If that's the case then I want it on record that we will be at that meeting to protest it, if this is the percentage you are talking about pertaining to us. CLAIMS: Statement of items released for payment for the month of January was presented for review and approval. Motion by Alderman Behm that the claims for the month of January be approved for payment as presented, seconded by Alderman Meyers. Motion carried. LRRRY SMITH - TWO-HOUR PARKING: Mr. Smith was not present, but Larry Peterson commented that he wants the parking changed outside his restaurant. ORDINANCE NO. 722 {second reading) AMENDING SECTION 13.04.1B0, WATER DEPOSITS. 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." Motion carried. page 12 Minutes of the City Council of Laurel ORDINANCE NO. 723 (second reading) AMENDING SECTION 13.04.135, FINE FOR UNAUTHORIZED PERSONS TURNING WATER ON. Motion by Alderman Meyers that Ordinance No. 723 be passed and adopted, seconded by Alderman Kellogg. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried. ORDINANCE NO. 724 {second reading) AMENDING SECTION 13.04.120, DELINQUENT ACCOUNTS. Motion by Alderman Meyers that Ordinance No. 724 be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried. ORDINANCE NO. 725 (second reading) ADOPTING A REVISION AND CODIFICATION OF THE LAUREL MUNICIPAL CODE, 1982. Motion by Alderman Meyers that Ordinance No. 725 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried. ORDINANCE NO. 726 (second reading) AMENDING SECTION 5.48.040B, FEES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 726 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried. LAUREL HORSE SHOE CLUB: A resolution regarding an agreement with the Horse Shoe Club was presented. Don Meyers reported that the reason this is brought up is because the Horse Shoe Club has no agreement with the City of Laurel as to their building in River- drawn up the same way and comes due at the same time as the side Park. This was other leases. Discussion. RESOLUTION NO. 1965 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE LAUREL HORSE SHOE CLUB, SAID AGREEMENT RELATING TO THE RENTAL DURING THE YEARS 1983--1992. Motion by Alderman Meyers that Resolution No. 1965 be seconded by Alderman Harris. Motion carried. COMMITTEE REPORTS: Investment Committee Peg Kamerzel for review and approval. passed and adopted, presented the minutes of January 27, 1983, page i3 Minutes of the City Council of Laurel Motion by Alderman Kellogg to accept and approve the Investment Committee minutes of January 27, 1983, seconded by Alderman Brennan. Motion carried. Budget/Finance Committee Duane Behm presented the minutes of January 26, 1983, for review. A resolution was presented. regarding training pay for the Laurel Police Reserve Officers RESOLUTION NO. 1966 A RESOLUTION ESTABLISHING A TRAINING ALLOWANCE FOR THE LAUREL POLICE RESERVE OFFICERS. Motion by Alderman Brennan that Resolution No. 1966 be passed and adopted, seconded by Alderman Marvin Carter. Motion carried. A mid-year review of income and expenses was done and a resolution regard- ing budget transfers was presented. RESOLUTION NO. 1967 BEING A RESOLUTION AUTHORIZING BUDGET TRANSFERS OR REVISIONS. Motion by Alderman Brennan that Resolution No. 1967 be passed and adopted, seconded by Alderman Keliogg. After a short discussion regarding the purchase of an air wrench and the budget transfer from garbage containers, the motion carried with Alderman Marvin Carter voting, "No." Motion by Alderman Behm to enter into the record and approve the Budget/ Finance Committee minutes of January 26, 1983, seconded by Alde~n Meyers. Motion carried. At the Council meeting of December 7, 1982, Dave Gauslow was authorized to purchase 5 air packs and 6 extra bottles. Since only $1,000 was in this year's budget, the balance was to be financed until next fiscal year. The City Clerk got bids from both Laurel banks, and 1st Security was low bidder at 10%. RESOLUTION NO. 1968 A RESOLUTION AUTHORIZING AGREEMENT WITH 1st SECURITY BANK TO PAY FOR AIR PACKS AND AIR TANKS FROM EQUIP- MENT RESERVE. Motion by Alderman Meyers that Resolution No. 1968 be passed and adopted, seconded by Alderman Harris. Motion carried. Street and Alley Committee Don Meyers presented the minutes of January 25, 1983, for review. Motion by Alderman Meyers to enter the Street and Alley Committee minutes of January 25, 1983, into the record, seconded by Alderman Marvin Carter. Motion carried. Bonnie Killebrew commented about the streets over on south side. On South 4th, West Avenue, and Forest Avenue, she said that she would like to see 4-way stops on those 2 streets. Discussion. This was referred to the Street and Alley Committee. page 14 Minutes of the City Council of Laurel Public Utilities Committee Lonnie Kellogg presented the minutes of January 25, 1983, for review. Motion by Alderman Kellogg to accept and adopt the Public Utilities Commit- tee minutes of January 25, 1983, seconded by Alderman Harris. Motion carried. Police Committee Bill Brennan presented the minutes of January 24, 1983, for review. Discussion regarding Roger Odom's vacation. The committee recommends that he take his vacation immediately if at all possible, and if we have the money because it will involve some overtime. It wasn't a recommendation of the com- mittee, but it would be my own that we pass a resolution or something, either they use it or lose it. No payback, no nothing. It was reported that this is a State law. Don Meyers Actually, who's fault is it that Roger didn't use it occasiona~y? Ps it his own or is it the City's? Bill Brennan Mostly his own. Alan Crowe At this time I would have to say it's Roger's own fault. Bill and I did go back through the schedules from the previous year, and there was plenty of ample opportunity for him to take vacation throughout the year. Granted, there was times that he was not allowed to take.vacation because of manpower shortages. But that would constitute a very small part of the year. He had ample time to take that vacation. At this time, I might throw this out at you. Of course you are all aware of the manpower situation I have over there and to stay within the working agreement it will mean that I would have to put somebody in on an overtime situation for every day that he takes on vacation. Don Meyers How many hours does he have coming? Answer: 118 hours. Don Meyers Do you have a deal set up now where you send out and say schedule your vacations for the year, stating the time they would like to take their vacations so that you have an idea when you are going to be granting these vacations? Alan Crowe We haven't been doing that, and for most everybody down there it has worke~ well if we don't make them ask for it in advance. Don Meyers Maybe in the future it might be a good idea if you do this. Just put it out there and say we would like an idea of when you are going on vacation so we can schedule our work around it. It might not cause this again. Discussion regarding taking vacation by seniority. Aian Crowe It's my feeling that the officers know how much time they have. All the City employees know how much time they have coming. It's on their paychecks twice a month, and it's my feeling that it is up to them to schedule and take their vacation, so they don't get in this bind. Duane Behm The employees have to realize they can't always have the vacation at the time that's best for them or convenient for them. Alan Crowe That is stated in the contract, too. Albert Ehrlick This is the second year in a row Roger has done this. Discussion regarding seniority and having a schedule set up. page lS Minutes of the City Council of Laurel Alan Crowe There is no time that we allow more than one vacation at a time among the patrolmen. It's based strictly on seniority. Don Meyers If we give him the time off then actually we're giving him some- thing that he shouldn't have~ because according to State law we don't have to give him this, right? Sue Carter Nor we have to give it to him by a certain date, March 31st, or he loses it. Don Meyers But if he does not want to accept the time off, by State law we don't have to pay him. Sue Carter Right. Don Meyers I would sure like to see a schedule drawn up because I think that would sure help in not having this problem again. Duane Behm I would like to make a correction on the Police Committee minutes if I may, Bill. The motion that you have down on paper isn't quite complete. Part of my motion was that.we meet with the Union reps and negotiate a memo- randum of understanding that this grievance be dropped and this memorandum of understanding would apply to Rick Musson. He's presently a member of the Reserve. They have a Reserve Training Class coming up in February that he will be re- quired to attend. It's about 88 hours of training and that any future City employee interested in going up to the police force get into the Reserve when- ever there is an available opening and get that background before they bid on any police jobs. Albert Ehrlick Rick has agreed to this, incidently. Duane Behm Their ¢ontract~ Working Agreement, does give them the right to bid on a police job, but we also have minimum qualifications set on that police job which amounts to certain knowledge of the City ordinances, State laws, experience with firearms and I thinM there are a couple~of other things. That way it would give any City employee who is interested in becoming an officer to get some previous training before bidding on the job. This would have to be a letter of understanding attached to the existing contract. Discussion. The Mayor will contact the Union to set up a meeting. Jim Morrison Does that mean then that because they are a City employee we have to take them on as a Reserve? Duane Behm No. They would have to apply to the Reserve if there was an opening. Jim Morrison The Reserve would still have the option of taking them or not? Duane Behm Just like you have had. Jim Morrison It takes a certain type of person to be a police officer. Discussion. Joe Bradley I think because State ordinances require you (the Mayor) to nominate a policeman Mayor Ehrlick I was going to pick Slaymaker first, then Musson second after the other opening. page Minutes of the City Council of Laurel Joe Bradley That might be another problem that I want to point out. Has there been a second resignation yet? Mayor Ehrlick Not yet, no. Joe Bradley So I guess then, your recommendation is whoever next resigns when- ever that might be, that this guy would be first in line. What I was going to say was like I said in the Police Committee meeting the other night. Right now Mr. Musson doesn't fulfill the contract requirements. Taking the Police Reserve course will help him, but there is also some wording in the contract that right now it requires training or equivalent experience to be an actual police officer~ which isn't the same as Police Reserve training. Now, if you want to pick Mr. Musson, that's fine, but I would recommend that that wording be taken out of the contract. Mayor Ehrlick I was going to pick him, provided he take this training. Joe Bradley But that's not the same training. Jim Morrison Reserve training does not apply to police training. Joe Bradley The wording in the.Union eontract for policeman is, besides this general knowledge of City ordinances and State laws, there is also a require- ment in there right now that a police applicant has to have had the basic school policemen's training, which is six weeks long up at Bozeman or equivalent ex- perience. Mayor Ehrlick But they have a year to get it. Joe Bradley But we have got that in the contract right now, and if you want to change it we should change the wording of the contract. So that should be part of the negotiations with the Union. I don't think it's in the City's best interest to nominate a man that's in violation of your own contract. But you can change it at any time, and I am sure they would be willing to change it. Mayor Ehrlick I will just go ahead and piok Slaymaker then for tonight. Joe Bradley I think it would be appropriate to nominate Musson at the time the second opening comes up. The Mayor will make the appointment under "Mayor's Comments." Back to Roger Odom's vacation. Bill Brennan Is there any time when he can take any vacation at all without involving overtime? Alan Crowe There is not any time with our manpower situation that he can take vacation without involving overtime. Duane Behm How about when Slaymaker is put on? Discussion regarding overtime and covering his shift..while he is on vaca- tion and the 118 hours that has to be used in 90 days from the first of the year according to State law. Sue Carter This is the second year in a row it has happened to Roger. I suggest either he uses it or that's it. This is ridiculous, it comes to us every year because he hasn't planned his vacation or someone hasn't taken care of it. Bill Brennan Myself, I'd say let him take what he can without involving any over- time, and what is left~ he lost. page 17 Minutes of the City Council of Laurel Motion by Alderman Kellogg to go along with the Committee's recommendations that Roger Odom take his vacation immediately if at all possible, seconded by Alderman Meyers. Bill Brennan I got a question. Is that if at all possible if it doesn't involve overtime or if it does? Don Meyers I think it's our fault as far as management for not having this set up, so I think we should give him his vacation what he has coming. Discussion. The motion by Alderman Kellogg carried with Aldermen Behm and Gauthier voting~ "No." Motion by Alderman Meyers to direct the Police Chief to have his vacation schedule on a yearly basis by seniority so we don't run into this problem again, seconded by Alderman Kellogg. After a discussion regarding the scheduling of vacations, amount of vacations, and amount of accumulation. The motion carried with Alderman Gauthier voting, "No." Motion by Alderman Brennan to enter into the record and approve the Police Committee minutes of January 24~ 1983~ as corrected, seconded by Alderman Behm. Carried, with Alderman Kellogg voting, "No." Garbage Committee Marvin Carter presented the minutes of January 20~ 1983, for review. Mr. Carter read a letter which was sent to George Fox regarding garbage con- tainers and loose garbage. Discussion regarding wind screens and loose garbage -- some caused when the truck operator empties the containers into the truck. Motion by Alderman Marvin Carter to enter the Garbage Committee minutes of January 20, 1983, into the record, seconded by Alderman Meyers. Motion carried. Larry Peterson commented that the cans were switched today in Casa Linda Circle. They were all sent certified letters that the switch would be made. We received no protests. We received several calls saying they were pleased that they are going to be able to keep their 90-gallon containers. Nobody protested the changing of cans. Ambulance Committee Sue Carter presented the minutes of January 25, 1983, for review. Motion by Alderwoman Sue Carter to accept and approve the Ambulance Committee minutes of January 25, 1983, seconded by Alderman Kellogg. Motion carried. Airport Authority The minutes of December 28, 1983, were presented. Motion by Alderman Brennan to enter the Airport Authority minutes of Decem- ber 28, 1983, into the record, seconded by Alderman Meyers. Motion carried. Discussion regarding helio-port. MAYOR'S COMMENTS: Appointments - Police Officer The Mayor appointed William Slaymaker to fill the one vacant position in the Police Department for a one-year probationary period effective as soon as Mr. Slaymaker can get here. page 18 Minutes of the City Council of Laurel Motion by Alderman Brennan to confirm the appointment of William Slaymaker for a one-year probationary period, seconded by Alderman Meyers. Motion carried. Appointments - Police Commission The Mayor presented two names for appointment to the Police Commission: George Wagner to replace Doug Steinhart and Grant Lawyer to replace Rev. Biller. Motion by Alderman Brennan to confirm the appointments of George Wagner and Grant Lawver to the Police Commission, seconded by Alderman Behm. Motion carried. Grant Lawyer will not be on the Police Committee now since he is on the Police Commission. Don Meyers - City Court Mr. Meyers read a.court order setting the court hours effective February 1, 1983, and also Ordinance Nco 696. Discussion. (Duane Behm was excused from the Council meeting at this time.) More discussion. The City Attorney was directed to contact Larry Herman for an explanation of the court hours. Don Meyers - 3 Job Ope.pin.ge We are an equal opportunity employer and I don't think we have any resolution or ordinance stating how we go about filling our jobs here on the City work force. Joe Bradley reported that the Mayor is in charge of the Executive Branch of the government and he hires and fires people that are non appointed posi- tions in his department. It's his guidelines. Discussion. Don Meyers publicly announced that the City is hiring three people as laborers, and we are taking applications between February 2nd and 18th. Discussion. Don Meyers - Disciplinary Guidelines This was set up by Mayor Herman as it was an Executive Order by the Mayor at that time. This has been to the Union, and I think our supervisors would just like this to be accepted by our Mayor now Council. and approved by the Discussion. The City Clerk Order stands unless reported that it was his understanding that it is changed by the current Mayor. Don Meyers said that he wanted the approval by Albert, and ted that he would approve it. Don Meyers introduced Fred Feuerbacher who is interested in the 4th Ward Alderman position. Lonnie Kellogg questioned the bill Dave Michael reported that this was for ourselves. The City Clerk reported that three people living in the 4th Ward, expressing an interest in the Alderman They are Fred Feuerbacher, L. D. Collins and Chuck Dickerson. an Executive the Mayor indica- letters have been received so far from position. for overhaul of the Chevy Luv 1 pickup. parts only, and we are doing the labor page 19 Minutes of the City Council of Laurel There was discussion regarding policies and procedures for the Police Depart- ment. These will come before the Council at a later date for review and approval. There being no further business to come before the Council at this time, the meeting was adjourned at 9:20 p.m. Approved by the Mayor and passed by the City Council of the City of Laurel~ Montana, this 15th day of February, 1983. ATTEST: Dbnald L. Hac'kmann, City Clerk