Loading...
HomeMy WebLinkAboutCity Council Minutes 02.16.1982 Minutes of the City Council of Laurel February 16, 1982 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 16, COUNCIL MEMBERS ~RESENT: COUNCIL MEMBERS ABSENT: 1982. Lonnie Kellogg Marvin Carter Duane Behm Donald Meyers Terry Fink Bill Brennan Susan Carter Bob Gauthier INVOCATION: Invocation given by Reverend Holt. MINUTES: Motion by Alderman Behm to approve the minutes of the regular meeting of February 2, 1982, as presented, seconded by Alderman Meyers. Carried. CORRESPONDENCE: Received an invitation to attend the Laurel Senior Citizen's Center 3rd Anniversary/Mortgage Burning Celebration on Tuesday, February 23, 1982, at 7:00 p.m., 720 So. 4th, Laurel; Montana. Received a copy of the minutes of the Yellowstone County Air Pollution Control Board meeting held January 12, 1982. Received a copy of the minutes of the Interlocal Cooperation Commission meeting of February 3, 1982. Received a letter from George M. Merchen regarding property damage at 622 Locust caused by forced entry of a police officer. This was referred to the City Attorney. Received a letter from the Yellowstone County Commissioners advising us of a Resolution of Intention to Create a Yellowstone County Refuse Disposal District, which they passed on February 9, 1982. Pursuant to Section 7-13-206 and 7-13-207, M.C.A., they also enclosed a Resolution of Concurrence and a Resolution of Nonconcurrence for the Laurel City Council to consider and that an executed copy of the appropriate resolution be returned to them as soon as possible. RESOLUTION NO. 1897 YELLOWSTONE COUNTY REFUSE DISPOSAL DISTRICT. RESOLUTION OF NONCONCURRENCE. Motion by Alderman Meyers that Resolution No. 1897 be passed and adopted, seconded by Alderman Marvin Carter. Carried. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Treasurer, Peg Kamerzel, presented her report for the month ending January 31, 1982. Discussion regarding the current.interest rate, amount of interest earned last calendar year, comparison of balances with last year, and also it was noted that all of our investments are currently deposited in one place -- Security Federal Savings and Loan. The City Clerk's and City Treasurer's Financial Statements for January were presented for approval. Motion by Alderwoman Sue Carter to approve the City Clerk's and City Treasurer's Financial Statements as presented, seconded by Alderman Marvin Carter. Carried. page 2 Minutes of the City Council of Laurel PUBLIC HEARING - EMERGENCY BUDGET RE©UIRING ADDITIONAL EXPENDITURES FROM THE POLICE RESERVE FUND: This being the time and place advertised, a public hearing was held. Opponents: Larry Herman - I am here in opposition to the emergency budget. to the items being purchased, but I am objecting to the method. My concern is once you start having emergency budgets without going through the budgetary process, you open up a hornet's nest. This is not truly an emergency. There are no flQods, hurricanes or anything of that sense, and I would question whether you really have a public emergency. Secondly on a procedural matter, let me read you something from the State law. t think in some respects this will clarify the matter. Section 7-6-4252. Procedure to make expenditures and incur liabilities in case of:other emergencie2J ~):In ~ public:'6mergency other:than those described in 7-6-4251 t~hi~h d~a2 ~[ih~floods, hurricanes and other natural disasters) and which could not reasonably have been foreseen at the time of making the budget, the council, by unanimous vote of the members present at any meeting (the time and place of which all of the members shall have had reasonable notice), shall adopt and enter upon their minutes a resolution stating the facts constituting the emergency, the estimated amount of money required to meet the emergency, and the fund against which emergency warrants shall be drawn. I would point out to the council to look at the minutes of when they adopted the notice (1/19/82), that you did not have a unanimous consent. So your hearing today would be improper. Assuming it was proper however, continuing on down to subsection Upon the conclusion of the hearing, if the council approves the emergency expenditure, it shall make and enter upon its official minutes again by unani- mous vote of all of the members of the council present at the meeting, an order setting forth the facts con- stituting the emergency, together with the amount of expenditure authorized therefor by them and the fund against which emergency warrants shall be drawn. Again, if it was an emergency, and there had been unanimous consent, there would have to be unanimous consent again to proceed. That would be my objection at this time. The council would be acting improper. I ask the council to terminate the hearing, calling it null and void. Alderman Meyers He is right, we did have one "no" vote, if you will look in your minutes of January 19, 1982. Going by the law and as much time it will take to redo this, I recommend that we let it go until regular budget time and put it in there like any other matter. Discussion. Motion by Alderman Meyers to discontinue the emergency budget procedure and wait until regular budget time and include the items requested in next I am not objecting page3 Minutes of the City Council of Laurel year's budget, seconded by Alderman Kellogg. Carried. 1981-82 AUDIT BID: This being the time and place advertised, the only bid received was opened and read aloud as follows: Colberg, Fasching, Mrachek, and Tiensvold Laurel, Montana. · $4~825o00 Motion by Alderman Behm to accept the 1981-82 Audit bid from Colberg, Fasching, Mrachek and Tiensvold in the amount of $4,825.00~ seconded by Alderman Meyers. Carried. JOE BRADLEY - ORDINANCE NO. 702: This would allow the city to change the wa~er rates by resolution as the statute allows, {which is 12% yearly) automatically each year and rather than have to change the numbers in ~he code book every year we would have this in the code boo~ and then just by a resolution at a city council meeting they could approve a rate change and have it on file in the clerk's office. ORDINANCE NO. 702 (lst reading) BEING AN ORDINANCE AMENDING SECTION 1B.O~.090 IN ORDER TO AuTHoRIZE THE CITY CCERK TO BILL CITY WATER CUSTOMERS ACCORDING TO THE RATES AS ESTABLISHED BY THE PUBLIC SERVICE COMMISSION. Motion by Alderman Meyer.s that Ordinance No. 702 be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote all aldermen present voted "yes." Passed o~ first reading. JOE BRADLEY EMERGENCY WATER PLAN: Back in 1978 when th~ city applied to the Department of Naturai Resources and Conservation for the right to direct water out of the Yellowstone River a public hearing was held, at which time the city submitted its water needs to the year 2000. The Department came down with an order allowing the diversion~ but they made it subject to certain con- ditions. The particular one I am talking about says that within three years of the effective date of the adoption of the reservation, each reserve (which would be the City of Laurel) shall submit to the board a water conservation plan, including but not limited to the following: a. A listing of those measures encouraging continued water conservation which will be implemented by the city including some plans or designs for measuring devices of the municipality's water system. bo A drought contingency plan setting forth by category of user those reductions to be implemented by the city during an emergency situation. c. Proper ~ocumentation including data relating to withdrawal of water, depletion and return flow. After the city prepares this plan, within six months the board would either approve or deny it. Upon approving the plan it makes the City's water reservation final and conclusive. Now the three years were up at the end of 1981, but an extension of time has been granted to July 1, 1~83. I think they are particularly interested in the drought contingency plan. Technically, if the City fails to do t~is, it puts the City's water reservation down. page 4 The Mayor BILL BRENNAN - Minutes of the City Council of Laurel referred this matter to the Public Utilities Committee. POLICE COMMITTEE: The committee minutes of February 4, 1982, consisted of a personnel matter and also clothing allowance.- Sue Carter suggested that we accept the report and let him ISgt. Lenhardt) pursue it if he so wishes. Motion by Alderwoman Sue Carter to accept and enter into the record the Police Committee minutes of February 4, 1982, seconded by Alderman Meyers. Discussion regarding policemen's uniforms and the clothing allowance. Joe Bradley suggested that we should have a code established to govern such things as Sgt. Lenhardt's grievance. Former Mayor Larry Herman mentioned that there is an executive order on file regarding clothing allowance, which still stands unless ilt is changed by Albert Ehrlick if he so wishes. At this time Alderwoman Sue Carter and Alderman Meyers withdrew their motion and second to accept and enter into the record the Police Committae minutes of February 4, 1982. Motion by Alderwoman Sue Carter to accept and enter into the record, the first two paragraphs down to "sees fit," of the Police Committee minutes of February 4, 1982, seconded by Alderman Kellogg. Carried. MARVIN CARTER - DOGS: Marvin Carter asked the Police Chief what is the status of our dog warden and dog pound at this time. Mike Bloom - Dr. Turcotte is laid up. After discussing the problem with the City Attorney with reference to liability to the City of Laurel, we made a decision at the Police Department to contact the county and other veterinary services in the area that could possibly take and handle our dogs and other animals that we pick up. They have all refused. The closest place that we could come up with that would handle our problem was the animal shel~r in Billings. The cost is about the same as we were paying Dr. Tur¢otte. There was further discussion regarding dogs. SUE CARTER - AIRPORT: Keith Fitehett has a movie he would like to present on general aviation, tonight if there was time. DICK METZGER -~ AIR POLLUTION: Mr. Metzger reported that he had a call from the Air Pollution Control Board regarding the monitoring of dust particles down by the Graff School. They wanted to commend us on how we were cleaning up the city, because the dust particles have dropped tremendously in the last year. This mainly was attributed to the new sweeper and paving of 7th and 8th Avenues. DON MEYERS - GARBAGE: Wanted to know what to do if someone outside the city is caught dropping garbage into city garbage containers. Mike Bloom explained that what they would iike to see is ID the guy and get a license number, and if you are willing to testify to that in court we will take care of it. MARVIN CARTER - CIRCUS: Reported that he and others in town have been getting phone calls that deal with the Yellowstone County Reserve or something regarding a circus that is coming to town at the high school. Mike Bloom reported that we have nothing to do with it, it is all handled by the county. page 5 Minutes of the City Council of Laurel MARVIN CARTER: The alderman on my right seems to be absent. Is he going to resign or do we have any message? It was mentioned by the Mayor and City Clerk that we have not been notified. Motion by Alderman Marvin Carter that he does not receive his check if he fails to do his duties until we hear from him one way or another, seconded by Alderman Meyers. Lonnie Kellogg said, "I really don't think that's right. He is going to resign, I guess. The reason he didn't show up, I couldn't tell you." Mayor Ehrlick indicated that missing one meeting don't - - - Marvin Carter said~'That's true, but what do we do if two, three, or four meetings are missed?" Lonnie Kellogg thought that it was a little early for a motion on that. Sue Carter indicated that we need a code of ethics regarding improper conduct and how to resign. Running to the press and then not showing up is highly improper. Question was called on the motion. Division of the house was called for. Roll call vote as follows: Alderman Brennan abstained. Alderman.Gauthier "no" Alderwoman Sue Carter abstained. Alderman Kellogg "no" Alderman Marvin Carter "yes" Alderman Behm "yes" Alderman Meyers "yes" A point of order called by Alderman Marvin Carter that an abstention is a "yes" vote. The motion failed because of a lack of a 2/3 vote of the members elected. DAVE MICHAEL - WATER PLANTi Dave reported that the water in th.e river is dis- colored because of the ice flow and it's getting into the distribution system. They are trying to treat it with alum, but due to the temperature of the water the chemical is not working properly. It should not be harmful.~ The taste is terrible because of too much chlorine, but we have cut down on that now. DUANE BEHM - WINDOWS AT WATER PLANT: Reported on the poor condition of the windows at the water plant. Duane took it upon himself and authorized Dave Michael to price out insulation, styrofoam or something to biock off some of those windows. He has $500 budgeted in building maintenance that he has not spent yet. Discussion. Duane also reported that at the city shop there is no insulation except for an inch or two in the ceiling~ I talked to Dick, and I think we should partition off one corner by an overhead heater and build a room to pull in the vacuum jet rodder truck because they keep that filled with water, then just shut the heat down in the rest of the building. Don Meyers said that he would set up an energy audit of all the city buildings at no charge to the city, courtesy of MDU. page 6 There Minutes of the City Council of Laurel the meeting was adjourned at Approved by the Mayor and passed by Montana, this 2nd day of March, 1982. ATTEST: being no further business to come before the Council at this time, 8:12 p~m~on. the City Council of the City of Laurel, Donald L. Hackmann, City Clerk AlSO'err Ehrlick, Mayor