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HomeMy WebLinkAboutCity Council Minutes 08.16.1983Minutes of the City Council of Laurel August 16, 1983 A regular meeting of the City Council held in the Council Chambers and called to 7:03 p.m., on August 16, 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Duane Behm COUNCIL MEMBERS ABSENT: Marvin Carter Fred Feuerbacher, III of the City of Laurel, Montana, was order by Mayor Albert Ehrlick at Bill Brennan Susan Carter Rob Harris Bob Gauthier INVOCATION: Invocation given by Reverend Biller. MINUTES: Motion by Alderman Kellogg to approve~the minutes of the regular meeting of August 2nd and Special meetings of August 3rd and August 8th, 1983, as presented, seconded by Aiderman Harris. Carried. CORRESPONDENCE: Received a thank you card from Marvin Carter for the plant he received while in the hospital. Received a letter from Henry B. Hardy complaining of cars with rear bumpers higher than the front. Received~a copy of a letter sent to Elizabeth Benner from United States Fidelity & Guaranty Company stating that they feel the City is not responsible for the sewer line problem at her residence: 1113 13th Avenue. Received a letter from Laurel Little League Baseball, regarding the im- provements made at Thompson Park. Received the agenda and minutes from the Air Pollution Control Board for the month of JuIy. JOE FOLEY - MEN'S RETIREMENT CLUB: Regarding the upkeep on the building at Firemen's Park: Who owns the building? The Chamber of Commerce or the City of Laurel? This matter referred to the Park Committee. Motion by Alderman Behm to allow the Men's Retirement Club to use the building until we come up with some reeords and meet with the Chamber, seconded by Alderwoman Sue Carter. The City Clerk to write a letter to the Chamber stating before they do anything, invite them to the Park Committee meeting. Motion carried. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's Financial Statements for July, 19~, were presented for review and approvai. Motion by Alderman Kellogg to accept the City Clerk and City Treasurer's Financial Statements as presented, seconded by Alderwoman Sue Carter. Motion carried. LES ZUCK~ SUNHAVEN TRAILER COURT ANNEXATION OF BLOCK ~ING BROS. SUB.: RESOLUTION NO~ 2013 NOTICE OF INTENT TO ANNEX CERTAIN LANDS CONTIGUOUS TO THE CITY OF LAUREL, MONTANA. Motion b~ Alderman Kellogg that Resolution No. 2013 be passed and adopted, seconded by Alderman Harris. Motion carried. page2 Minutes of the City Council of Laurel SID #107~CONSTRUCTION BIDS: Jim Worthington of Alpha Engineers Montana Inc., asked the Council to reject the bids due to lack of sale of the bonds. Motion by Alderman Kellogg to reject all bids due to lack of sale of the bonds, seconded by Alderman Brennan. Motion carried. SID #108~ CREATING: John Ward representing property owners on Beartooth a petition for creating of SID #108. RESOLUTION NO. 2014 RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 108. Motion by Alderman Behm that Resolution No. 2014 be passed and adopted, seconded by Alderman Kellogg. Motion carried. Margaret Martin of 1415 Beartooth wants to replace her curb and She states the City promised to replace it. This matter referred to Alley Committee. JOE BRADLEY - RESOLUTION REGARDING BNRR CONNECTION TO SEWER LINE: presented gutter. Street and RESOLUTION NO. 2015 AUTHORIZING BURLINGTON NORTHERN RAILROAD COMPANY TO CONNECT TO CITY SEWER SYSTEM ON CERTAIN PROPERTY. Motion by Alderman Kellogg that Resolution No. 2015 be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, Aldermen Gauthier, Brennan and Behm voted~ "NO!' and Aidermen Carter, Kellogg and Harris voted, "YES." The Mayor broke the tie by voting~ ,,YES.,, Motion carried° JOE BRADLEY - LICENSE FEE ORDINANCES: ORDINANCE NO. 744 (first reading) AMENDING SECTION 5.04.080, TERM OF LICENSES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 744 be passed and adopted, seconded by Alderman Kellogg. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 745 (first reading) AMENDING SECTION 5.08.040~ TRANSIENT MERCHANT LICENSE FEE, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 745 be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 746 (first reading) AMENDING SECTION 5.12.020, JUNK DEALERS LICENSE FEE, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Behm that Ordinance No. 746 be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 747 (first reading) AMENDING SECTION 5.16.030, SECOND HAND STORES LICENSE FEE, OF THE LAUREL MUNICIPAL CODE. page 3 Minutes of the City Council of Laurel Motion by Alderman Brennan that Ordinance No. 747 be passed and adopted, seconded by Alderman Behm. Upon roll call vote all aldermen present voted, YES." Motion carried 6--0. ORDINANCE NO. 768 first reading) AMENDING SECTION 5.24.040, JUKEBOX LICENSE FEES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 748 be passed and adopted, seconded by Alderman Gauthier. Upon taking roll calI vote all aldermen present voted, "YES," except Alderman Kellogg who voted, "NO." Motion carried 5--1. ORDINANCE NO. 749 first reading} AMENDING SECTION 5.32.030, TAXICAB FEES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 749 be passed and adopted, seconded by Alderman Brennan. Upon taking roll call vote, all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 750 first reading} REPEALING CHAPTER 5.44, MISCELLANEOUS, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Behm that~Ordinance No. 750 be passed and adopted, seconded by Alderwoman Sue Carter, Upon taking roll call vote all aldermen present voted, 'YES." Motion carried 6--0. ORDINANCE NO. 751 first reading} ADDING SECTION 5.44.010, GENERAL BUSINESS LICENSE FEES, TO THE LAUREL MUNICIPAL CODE. Motion by Alderwoman Sue Carter that Ordinance No. 751 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 752 first reading} ADDING SECTION 5.44.020, UTILITY SERVICES LICENSE FEES' TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 752 b~ passed and adopted at $250.00, seconded by Alderwoman Sue~Carter. Upon taking roll call vote all alder- men present voted, "YES." Motion carried 6--0. ORDINANCE NO. 753 first reading} AMENDING SECTION 5.56.010, DAIRIES -- CREAMERIES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 753 be passed and adopted, seconded by Alderwoman Sue Carter. Upon taking roll call vote, all aldermen present voted, "YES." Motion carried 6--0. COMMITTEE REPORTS: Ambulance Committee minutes of July 25, 1983, were presented and reviewed. Motion by Alderwoman Sue Carter to accept and approve the Ambulance Committee minutes of July 25, 1983, seconded by Alderman Behm. Motion carried. page Minutes of the City Council of Laurel Ambulance Committee minutes of August 9, 19B3, were presented and reviewed. Motion by Alderwoman Sue Carter to reappoint Chloe Kaelberer as Assistant Director of the Ambulance effective August 1st, seconded by Alderman Kellogg. Motion carried. Motion by Alderwoman Sue Carter to adopt and approve the Ambulance Committee minutes of August 9, 198B, seconded by Alderman Brennan. Motion carried. Alderwoman Sue Carter also reported there will be an all city picnic on Wednesday, August Bi, 198B, from 5--8 p.m. at Riverside Park. License Committee minutes of August 15, 1982, were presented and reviewed. Dale Schneider dba Rainbow. International Carpet Cleaners & Dyers referred to the City- County Planning Board. Motion by Alderman Brennan to grant a City license to Bob Rains and Wes Ramey dba Bob's Custom Clocks and Repairs, seconded by Alderman Kellogg. Motion carried. Motion by Alderman Brennan to grant a City license to Jake Vogel dba Jake Vogel Construction Company~ s~conded by Aiderman Behm. Motion carried. Motion by Alderman Brennan to grant a City license to Mary Ann Johnson dba Johnson's Kindergarten, seeonded by Alderwoman Sue Carter. Motion carried. Motion by Alderman Brennan to grant a City license to Edwin Parker dba T & E Truck Repair, se¢onded.by~lderman Kellogg. Motion carried. Motion by Alderman Brennan to grant a City license to Asphalt Supply and Services, seconded by Alderman Behm. Discussion. Alderman Brennan withdrew his motion and Alderman Behm withdrew his second. More discussion. City Attorney Joe Bradley will write a letter to Asphalt Supply inviting them to the next License Committee meeting. Motion by Alderman Brennan to enter into the record the License Committee minutes of August 15, 198B, seconded by Alderman Kellogg. Motion carried. Garbage Committee minutes of July 25, 1983, were presented and reviewed. Motion by Alderman Kellogg to approve and enter into the record the Garbage Committee minutes of July 25, 198B, seconded by Alderman Brennan. Motion carried. Fire Committee minutes of August 15, 198B, were presented and reviewed. There was discussion regarding an addition to Fire District #7. Motion by Alderman Harris to accept and enter into the record the Fire Com- mittee minutes of August 15, 198B, seconded by Alderman Behm. Motion carried. Insurance Committee minutes of August 16, 1983, were presented and reviewed. The committee recommends that Don Haekmann be given authority to write to Blue Cross and sign the notification forms. Motion by Alderman Gauthier to give Don Hackmann authority to write to Blue Cross and also enter into the reeord the Insurance Committee minutes of August 16, 198B, seconded by Alderwoman Sue Carter. Motion carried. Park Committee minutes of August ~, 198B, were presented and reviewed. Motion by Alderman Harris to accept and enter into the record the Park Com- mittee minutes of August ~, 198B, seconded by Alderman Kellogg. Motion carried. page 5 Minutes of the City Council of Laurel Budget/Finance Committee minutes of August 2, 1983, were presented and reviewed. Motion by Alderman Kellogg to enter into the record the Budget/Finance Com- mittee minutes of August 2, 1983, seconded by Alderman Gauthier. Motion carried. City-County Planning Board minutes of August 11, 1983, were presented and reviewed. Motion by Alderman Kellogg to accept and enter into the record the City- County Planning Board minutes of August 11, 1983, seconded by Alderman Gauthier. Motion carried. The City Clerk presented a resolution to update authorizations to purchase from the Surplus Property Bureau. RESOLUTION NO. 2016 AUTHORIZATION TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE STATE OF MONTANA, SURPLUS PROPERTY BUREAU. Motion by Alderman Kellosg that Resolution No. 2016 be Dassed and adopted, seconded by Alderwoman Sue Carter. Motion carried. The City Clerk presented a resolution regarding cancelling certain warrants. RESOLUTION NO. 2017 BEING A RESOLUTION CANCELLING CERTAIN WARRANTS OF THE CITY OF LAUREL, MONTANA, WHICH ARE OVER EIGHT (8) YEARS OLD. Motion by Alderman Behm that Resolution No. 2017 be passed and adopted, seconded by Alderwoman Sue Carter. Motion carried. WATER RESERVOIR: Larry Peterson stated that each of you should have received a copy in your mailbox of a daily work log that I have been keeping. There has been numerous difficulties getting the last few spot repairs done according to speci- fications. The contractor is scheduled for tomorrow morning to chlorinate the tank and with a steady pumping schedule it could be filled up as early as this weekend. The work has been pretty much done and I know that K-Decorators will be submitting a bill pretty soon. Are there any questions from the Council; or if not, I would like some guidance as to how to process that bill in light of the liquidated damages that we held a right to assess. Joe guided us on some language in an earlier letter about those. This engineering log that was kept is given to you to give you an idea during the entire project how the work developed or how it didn't develop, the problems that were encountered, etc., so that you could make some kind of an in- formed decision on it. Discussion regarding this being referred to the Budget/Finance Committee for a recommendation on the penalty. Larry reported that the sandblaster has not been paid for his entire work, and he is filing a lien on the tank and filing suit against the contractor for payment. Larry said that he was also told that the paint supplier intends to file a lien as he also has not been paid completely for his product yet. The Mayor referred all this to the Public Utilities Committee to work in conjunction with the Budget/Finance Committee, along with Joe Bradley, in re- viewing the bill from the contractor. Alderman Kellogg said one of.the questions Larry has is, "Does the Council want to push the $500.00 a day penalty to the limit?" page 6 Minutes of the City Council of Laurel Joe Bradley responded by s~ying that this is one of the things the committee can decide. Alderman Behm asked Joe Bradley, "How will these two liens affect our status?" Joe said that they are not supposed to file a lien, they are supposed to sue against the performance bond. Discussion regarding the warranty and the correct applioation of the product. Discussion regarding an inspection by a manufacturer's representative from Engard. Larry Peterson read a portion of a letter he had written to the contractor regarding acceptance of the work. The walls have been accepted, but not the floor. There will be a warranty inspection in about eleven months. Larry Peterson was instruoted to contact Engard and see if they can get a man up here to inspect the tank. If not in the near future, maybe when the final inspection is made next year. Discussion. REVENUE SHARING: Bob Gauthier presented and reviewed a cash flow projection which was prepared by the City Clerk. Discussion. Motion by Alderman Gauthier to adopt and approve the cash flow projection, seconded by Alderman Harris. Motion carried. ~ Bob Gauthier informed the Council of a different format for the clerk's financial statement now being used under the new accounting system. Richard Hurd, a resident of Village Subdivision, reported on cracks in the street which is only four months old. He feels that the construotion of the streets in the subdivision were not done properly. His concerns were referred to the Street and Alley Committee. There being no further business to come before the Council at this time, the meeting was adjourned at 9:38 p.m. ~ _ ~~ kmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 6th day of September, 1983. Albert Eh~lick, Ma~r Donald L. Hackmann, City Clerk