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HomeMy WebLinkAboutCity Council Minutes 03.01.1983 Minutes o[a ? City Council of Laurel 1, 198~ 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 March 1, 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bill Brennan Marvin Carter Susan Carter Duane Behm Rob Harris Donald Meyers Bob Gauthier COUNCIL MEMBERS ABSENT: None. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of February 15~ 1983~ as presented, seconded by Alderman Harris. Carried. CORRESPONDENCE: Memo from Williams Agency regarding liability claim paid in 1982 and pending in 1983. Letter from Big Ditch Co., Cove Irrigation Co.~ High Ditch Co. regarding lining of the ditches. Letter from the County Attorney about a meeting on March 10, 1983, at 10:30 a.m. regarding the Yellowstone County Jail. Received four (4) petitions from residents in Ward IV supporting L. D. Collins as Alderman for that ward. CAROL KUKES: The Retail Trades Association is sponsoring a Merchant/Employees dinner on Thursday~ March 3~ 1983~ 6:30 p.m., at the Palm Beach Supper Club at a cost of $3.00 per person. The buffet style dinner will be supplied by area restaurants. Anyone interested please call Carol Kukes at 628-6587 or Vicki Cassidy at 628-8686 by Thursday noon. Motion by Alderman Behm that a letter go out to the employees and depart- ment heads, and if they wish to attend do so on their own, seconded by Alderman Marvin Carter. Motion carried. CLAIMS: Statement of items released for payment for the month of February, 19~ was presented for re¥iew and approval. Motion by Alderman Behm to approve the claims as presented, seconded by Alderman Kellogg. Motion carried. ALDERMAN 4th WARD: Motion by Alderman Marvin Carter to move item #5 on agenda to the end of the meeting~ seconded by Alderman Behm. Motion carried. A resolution was presented regarding the Intent to Annex several lots in Murray Heights Subdivision. RESOLUTION NO. 1972 NOTICE OF INTENT TO ANNEX CERTAIN LANDS CONTIGUOUS TO THE CITY OF LAUREL, MONTANA. Motion by Alderman Behm that Resolution No. 1972 be passed and adopted, seconded by Alderman B~ennan. Motion carried. Discussion. Ordinances regarding beer wholesales, wine and liquor licenses. ORDINANCE NO. 727 (first reading) AMENDING SECTION 5.36.030 BEER WHOLESALER FEE OF THE LAUREL MUNICIPAL CODE. page 2 Minutes of the City Council of Laurel Motion by Alderman Brennan that Ordinance No. 727 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, Alderman Kellogg voted, "NO" and all other aldermen present voted, "YES." Motion carried. ORDINANCE NO~ 728 {first reading) AMENDING SECTION 5.36.040 BEER RETAILER FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 728 be passed and adopted, seconded by Alderman Behm. Upon taking roll call vote, Alderman Kellogg voted, "NO" and all other aldermen present voted, "YES." Motion carried. ORDINANCE NO. 729 (first reading) AMENDING SECTION 5.36.050 BEER AND WINE FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. seconded by Alderman Behm. Upon taking roll call "NO" and all other ~ldermen present voted, "YES." ORDINANCE NO. 730 (first RETAILERS 729 be passed and adopted, vote, Alderman Kellogg voted, Motion carried. reading) AMENDING SECTION 5.36.060 FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. seconded by Alderman Behm, Upon taking roll call "NO" and all 0~her aldermen present voted, "YES." COMMITTEE REPORTS: ALL BEVERAGE RETAILER 730 be passed and adopted, vote Alderman Kellogg voted, Motion carried. Budget/Finance Committee.minutes of March 1~ 1983 were presented. The City Shop phone bill was discussed. Motion by Alderman Behm to enter into the record and approve the minutes of March 1, 1983~ seconded by Alderman Brennan. Motion carried. Street & Alley Committee minutes of February 28, 1983, were presented. A resolution will have to be drawn up for street lights in future subdivisions. Motion by Alderman Meyers that a resolution be drawn up for street lights in future subdivisions or any new developments, seconded by Alderman Brennan. Motion carried. Motion by Alderman Meyers to approve the changing of the date to allow paving in Village Subdivision from August 1 to April 1, 1983 due to the nice weather, seconded by Alderman Marvin Carter. Motion carried. Motion by Alderman Meyers that we accept the porta-patcher bid on a demon- strator from Jumbo Equipment and Supply Company of Casper, W~6m~ng, in th6 amount of $20,850, seconded by Alderman Marvin Carter. Motion carried. Joe Bradley will write a letter to Security Federal Savings & Loan in regard to getting a ten foot easement on the lots south of West Maryland Lane from 8th Avenue west in Willow Creek Subdivision. Discussion regarding cul-de-sacs. Motion from Alderman Meyers to accept and approve and enter into the record the minutes of the Street & Alley Committee of February 28, 1983, except for the item on cul-de-sacs, seconded by Alderman Behm. Motion carried. page 3 Minutes Of the City Council of Laurel Police Committee minutes of February 24, 1983, meeting were presented for approval. Motion by Alderman Brennan to approve and enter into the record the minutes of February 24, 1983, seconded by Alderman Behm. Motion carried. Insurance Committee minutes of February 23, 1983, were presented. Motion by Alderman Gauthier to approve and enter into the record the minutes of February 23, 1983, seconded by Alderman Behm. Motion carried. DON MEYERS - PASTURE RENTAL: There was discussion regarding the land at the water reservoir. A Suszann~ and Stephen E. Michael,~Route 2~ Box 770, is interested in pasturing horses on this land. Discussion. RESOLUTION NO. 1975 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND STEPHEN E. AND SUSZANNE MICHAEL, SAID AGREEMENT RELATING TO THE RENTAL OF PASTURE LAND AT THE WATER RESERVOIR. Motion by Alderman Meyers that Resolution No. 1973 be passed and adopted, seconded by Alderman Brennan. Motion carried. ORDINANCE REGARDING PLANNING BOARD FEE SCHEDULE: ORDINANCE NO. 731 (first reading) AMENDING SECTION 17.96.010 SCHEDULE OF FEES OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 731 be passed and adopted, seconded by Alderman Brennan. Upon taking roll call vote all aldermen present voted, "YES." Motion carried. MARVIN CARTER: Alderman Marvin Carter stated that he would like the Laurel Drug and Alcohol team to make a presentation to the Council on March 2, 1983. Discussion. Motion by Alderman Behm that we meet with the Drug and Alcohol team in the conference room or downstairs after the special meeting in the Chambers, seconded by Alderman Kellogg. Motion carried. PEG KAMERZEL requested permission to leave the State March 14th through 18th. Motion by Alderman Kellogg to grant Peg Kamerzel permission to leave the State March 14th through 18th, seconded by Alderman Harris. Motion carried. SUE CARTER requested permission to leave the State. Motion by Alderman Brennan to grant Sue Carter permission to leave the State, seconded by Alderman Harris. Motion carried with Alderman Meyers voting~ "NO." MAYOR'S COMMENTS: Appointments The Mayor appointed Rick Musson to the Police Department effective February 14, 1983, for a one-year probation period. Motion by Alderman Marvin Carter to confirm the appointment of Rick Musson to the Police Department on a one-year probation period effective February 1983~ seconded by Alderman Brennan. Motion carried. page 6 Minutes of the City Council of Laurel DON HACKMANN reported on attending the meeting with the Clerk's, Treasurer's and Financial Officers Association in Helena on February 18, 19B3, regarding the status of several bills that are in the legislature. MRS. BISHOP appeared before the Council regarding her husband applying for one of the three City positions. He was evaluated and put 5th on the list. It was my understanding that the first person was ineligible and the second person withdrew.his appIication. The third and fourth persons were hired. My husband was 5th and was passed over and the 9th person on the list was hired, and I was wondering why that 9th person was hired instead'of my husband. Mayor Ehrlick said, "I made that decision myself. I done it because I had promised this guy. He had been unemployed ever since last March and he would get the next job." Mrs. Bishop I don't feel that that's more. Mayor Ehrlick This fellow had applied real fair to my husband who was qualified several times before. Mrs. Bishop My husband has applied several times other places as well. Alderman Kellogg Could I ask who the three were that were hired? Mayor Ehrlick Well, I'll teli you. They were Robert Volmer, Dennis Frickel and Jerry Lawyer. Alderman Kellogg According to this letter that Larry sent out, I think everyone on the Council received it, you didn't go along with their recommendation. Mayor Ehrlick Not altogether. I sat in on interviews too, and I don't really approve of the point system anyway and I told Larry that. Alderman Harris Larry, did you have some recommendations? You had three recommendations. Larry Peterson Of the 14 people we interviewed, well we interviewed 15, and we had an arbitrary point system towards the interviews and we set a maximum of 10 points based on the overall impression. Maximum of 10 points according to the information given on the job application. And based on that, Dave and I and the interviewers gave them a rating of points. He and I differed, and we took an average of that~ added that to the points we had given them on the application, came up with the total points. So from that we just ranked them from highest points to lowest points, and gave it to Albert -- the list of people and what the point totals were. The first guy on the list, the top scoring individual had worked for the City twice before for a total Of 12 years but he also quit twice before. The second individual on the list withdrew his application after the interview. But all the rest of the applicants were still pat. I might add that Albert did indicate that he didn't approve of the point system, we hadn't asked him or talked to him before we did the point system. We just felt we needed some kind of a handle to get on these applicants, because I don't know any of them, Dave knows a couple of.them, and Albert knows a couple of them. So we felt somehow we needed to get a handle on them, and we felt that would be a way to do it. A lot of people are unemployed, and a lot of people asking the City for work. You know it's tough to say "NO" to anybody. But if we're going to say "NO" to somebody, we wanted at least some kind of order to it. That's why we did this. ~lderman Marvin Carter We have no set qualifications for these jobs, is that right? page 5 Minutes of the City Council of Laurel Mayor Ehrlick Other than servicemen, and all that we interviewed were servicemen. Alderwoman Sue Carter Not necessarily. There were B on the~e that got absolutely 0 points on their interviews because they did not have service time that quali- fied. Larry Paterson One did not have discharge of any type because he missmarked his application or something. Two others - Three others had honorable discharge but had served less than 180 days in the military. Alderwoman Sue Carter So that disqualified them to have service time. Mayor Ehrlick This is what we figured. Alderman Mary Carter The question I'm asking, did we only go to those that had service? Are we saying that anyone else that did not have any service, has been a community taxpaye~ lost a job someplace else and can not get a job with the City because he does not have service? Mayor Ehrlick Unless the~e aren't any servicemen that apply. That's right. Alderman Mary Carter Yes~ but I don't think, to my estimation and interpretation of the serviceman or the veterans preference does not mean that only veterans should apply for the jobs. Joe Bradley I think you're right, Marvin. We should look at every application. Mayor Ehrlick I did that. I spent a whole weekend out here looking at them. Joe Bradley The problem with this kind of job is that there really aren't any minimal requirements~ Being a veteran~is not a requirement for the job. It's just that a veteran and a non-veteran are equally qualified. Preference laws require us to pick a veteran, If we could justify a non-veteran as being better qualified for the job we couid hire him. Larry Peterson We wrote to the Montana League of Cities & Towns and asked them for some guidance on what they saw at a State level, and they basically said the recent ruling showing that the veteran is given absolute preference whether he's as qualified or not~ Discussion. Alderwoman Sue Carter Albert, if you don't agree with the point system, what is your theory? Mayor Ehriick I was going mostly by service time, and I sat in on all the inter- views but one. I'll have Larry verify that. Alderwoman Sue Carter No, I'm asking your theory, how do you hire if you don't have a point system to come up with a qualified man? Mayor Ehrlick What I was looking at, Sue, was somebody that was unemployed and if I knew the person, and I f~gured he would be a good worker. Alderwoman Sue Carter That's the problem, if you know the man sometimes it's not the answer. Alderman Mary Carter Albert, you made the statement that you promised this man way back when that when we get another job opening,. . that he would get the job. Mayor Ehrlick Last summer!! by my decision. Unless the Council changes it, I'm going to stay page 6 Minutes of the City Council of Laurel Alderwoman Sue Carter I don't know if we have the right. You told us at the last meeting we didn't have that right. Alderman Mary Carter Are these appointments in the order that you have appointed them? Mayor Ehrlick I don't think it really makes that much difference really to me. Alderman Mary Carter The reason I'm asking your if something should come up that we go into a budget crunch, we're going to have a RIF policy or go into a RIF clause where go we stand with the people presently being hired? That's my question. Mayor Ehrlick I don't know, I haven't gotten that far yet. Alderman Mary Carter If it comes to RIF, I mean we're all going to be involved. Mayor Ehrlick This is true. Alderman Harris This was solely your decision to do this. Mayor Ehrlick Yes, it was. Alderwoman Sue Carter Could we get an attorney's opinion on this? Joe Bradley Wei1, I think it is within the Mayor's power to hire in his branch of government for non officered type positions, and that's the executive branch, and the Mayor is the head of_the executive branch. I think he~ in conjunction with his Department Heads~ can choose who to hire and who not to. Alderman Meyers That doesn't leave much for your Department Heads because they work around this stuff every day and they were in on the interviews also. I think they went about it on a very professional manner. That's the way they interviewed these people and set it up. Those people are going to work with them. Joe Bradley Part of everybody could have that effect. Almost mum qualifications. the problem here is there were a lot of applications. Almost done the job. There was 180 applications or something to everybody had to be turned down and we had very little mini- ~rankly, you're reaching for reasons to pick one person over another. Again, I think the Mayor has the prerogative to pick one if he can do the job -- it's defensible, The Department Heads and their point system is something they came up with to advise the Mayor, and he can accept or reject it as he sees fit to do so. If he doesn't like it or he thinks he knows better, then he has the power. Alderman Mary Carter These are appointed for 6 months and then they~re evaluated, ~s that right? Mayor Ehriick They're evaluated for a raise after 6 months. Alderman Kellogg I agree that the Mayor does have the authority, and I do think that Larry and Dave did an excellent job. I do not approve of the way the Mayor did the hiring, and would l~ke to put this in a form of a motion. Motion from Alderman Kellogg that he would like to go on record as saying that he does not approve of the hiring habit of the Mayor, seconded by Alderman Meyers. Motion carried. The vote was unanimous. APPOINTMENT 4th WARD ALDERMAN: Motion from Alderman Behm that we stay with the paper ballots as in the past, seconded by Alderwoman Sue Carter. Discussion. Each candidate introduced themselves and told why they would like to be on the Council. Approved Montana~ this page 7 Minutes of the City Council of Laurel Joe Bradley You have to look at this ballot as more or less preliminary. Your vote will be when somebody places a name in nomination, and all the Councilmen will go on record as voting "YES" or "NO" for that person. So I look at the secret ballot as more or less a preliminary vote to decide which name you're going to place in nomination. Your votes will have to be recorded once you move Mr. Feuerbacher or Mr. Collins be appointed to the 4th Ward, then your votes will have to be recorded"YES" or "NO." The question was called for on the previous motion. Motion carried. A ipaper ballot was taken with Mr. Fred Feuerbacher receiving all 8 votes. Motion by Alderman Mary Carter that the name of Fred Feuerbacher be Alderman of the 6th Ward, seconded by Alderman Kellogg. Motion carried. A resolution was presented at this time regarding 4th Ward Alderman and City Judge's positions. RESOLUTION NO. 1976 DECLARING ONE FOURTH WARD ALDERMAN AND THE CITY JUDGE'S POSITIONS OPEN FOR NOMINATION AND ELECTION. Motion by Alderman Kellosg that Resolution No. 1974 be passed and adopted, seconded by Alderman Mary Carter. Motion carried. Alderman Kellogg complained of one of the claims paid in the month of February to Ziegler Lumber in Billings for $26.00 for shelving. He would like to see the business stay in Laurel. The Mayor will issue a Directive regarding the purchasing of supplies in Laurel. Alderman Meyers welcomed Fred Feuerbacher to his seat on the Council, and thanked the people of the 4th Ward for letting him serve them for the last 6½ years and added, "I'll be back." Alderwoman Sue Carter thanked Don for all his great service and good work he has done as a Councilman. There being no further business ~to come before the Council at this time, the meeting was adjourned at 8:34 p.m.~ ~ ~. '~ Donald L. Hackmann, City Clerk by the Mayor and passed by the City Council of the City of Laurel, 15th day of March, 1983. ATTEST: Donald L. HacMmafin, Czty Clerk