Loading...
HomeMy WebLinkAboutCity Council Minutes 06.02.1981Minutes of the City Council of Laurel June 2, 1981 A regular meeting of the City Council of the City of Laurel, Montana was held in the councii chambers and called to order by Mayor Larry D. Herman, at 7:00 P.M., on June 2, COUNCIL MEMBERS PRESENT: 1981. Albert Ehrlick Harold Burns Duane Behm Donald Meyers Bill Brennan Susan Carter Terry Fink Ervin Metzger COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation given by Reverend Biller. MINUTES: Minutes of the regular meeting of May 19, 1981 approved as presented. Minutes of the Special meeting of May 19, 1981 approved as presented. CORRESPONDENCE: None CLAIMS: A copy of the "Statement of Items released for payment" for the May claims has been presented to the Council for review and approval. M9tion by Alderman Metzger to approve the May claims as presented, and seconded by Alderman Behm. Carried. 1980-81 AUDIT BIDS: Bids were solicited from Colberg, Fasching, Mrachek, and Tiensvold, CPA's and Tom Albert, CPA. Bids were opened and read aloud as follows: Colberg, Fasching, Mrachek & Tiensvoid, Thomas J. Albert, CPA CPA's - $4,690.00 - $4,325.00 Contract Motion by Alderman Metzger to award the 1980-81 Audit to Thomas J. Albert, CPA. Seconded by Alderman Fink. with Alderman Ehrlick voting "no". BID OPENING - FRONT-END LOADER: This being the time and place all bids received were opened and read aloud. Billings Ford Tractor and Equipment Co. 1 - Carried, advertised, New Model A-64 Ford Loader as per your specifications. NET BID PRICE INCLUDING YOUR TRADE ~ MODEL 114 TROJAN F.O.B., LAUREL, MONTANA DELIVERY 30 DAYS $45~902.00 1 - New Model A-62 Ford Loader with 2 yd. bucket, 17.5 x 25 tires, and meeting all your specifications except NET BID PRICE INCLUDING YOUR TRADE - MODEL F.O.B.~ LAUREL, MONTANA DELIVERY 30 DAYS Modern Machinery ITEM 1. One (1) 1980 INTERNATIONAL HOUGH Model H60E S/N 3519 This loader has less than 300 demonstration hours. Fhll warranty in accordance with your specifications will apply. operating weight. ll4 TROJAN $39;838.00 page 2 Minutes of the City Council of Laurel H60E, S/N 3519 (Less Trade-in:AilODance For i961 TROJAN Model 114 Loader, S/N 11612) NET DIFFERENCE PURCHASE PRICE F.O.B. LAUREL, MT. $48,734.50 Fuel Pressure Gauge--add .......................... 100.00 Engine Protection Shutdown System - add .......... 355.00 Inside Cab Light ..... add ............................. lO0.00 For L-3 Tire Tread Rather than L-2 ..... add .......... !,200.00 The above prices are based on additional allowances offered by International on a purchase. The additional allowances are not available on a lease/ purchase program. Monthly lease payable to Modern Machinery Co., Inc. - $2,170.00/month. Payments will be made for B6 months after which the loader will become the property of Laurel, Mt. One ~ 1981 H6OE-New Loader from Factory H60E (less Trade-in Allowance For 1961 TROJAN Model 114 Loader, S/N 11612) NET DIFFERENCE PURCHASE PRICE F.O.B. LAUREL MT. $52~599.0~0 Fuel Pressure Gauge --- add ................... 100.00 Engine Protection Shutdown System -- add ...... 355..00 Inside Cab Light --- add ...................... 100.00 For 17.5 X 25 12 PR (L-3) Tires rather than 15.5 X 25 12 PR (L-2) --- add ......... 1,040.00 Altitude Compensator (Turbo Charger)---add ..... 600.00 Cab Sound Suppression --- add ................. 330.00 Monthly Lease payable to Modern Machinery Co., Inc. -- $2,315.00/month. Payments wiiI be made for 36 months after which the loader will become the property of Laurel, Mt. Tractor & Equipment Co. One New Caterpillar 930 Wheel Loader with trade in, for a difference of --- $57,017.45 We will offer a thirty six (36) month lease/purchase option at $1,839.99 per month. The interest rate is calculated at 10% simple. This unit can be paid off at any time with no penalty charges. Buffalo Machinery Co. One - Clark Model 55C Tractor Shovel with Cummins 378 Diesel Engine - 2 Cubic yd. bucket, with trade-in --- $49,809.00 Three year lease/purchase 36 months ~ $1,595.69/ One - Clark Model 55C TractorShovel with Cummins 378 Diesel engine. 2½ Cubic yd bucket, air conditioner, with trade-in. $51~12_______3.00 Three year lease/purchase 36 months ~ $1,637.78. page Minutes of the City Council of Laurel Hall-Perry Machinery Co. One - New John Deer JD 5643 Total Cash Due after trade-in F.O.B. Laurel, Montana Three year full pay out lease on $53,703.00, monthly payments of $1,778.11/month. Three year full pay out lease with an additional CASH DOWN payment of $20,000.00, leaving a balance of $33,703.00, 36 monthly payments of $1,115.91/month. $53,703.00 36 Western Equipment Co. New J.I. Case W20B F.O.B. Laurel, Mt. Less Trade in of Trojan Model NET FOB Laurel, Montana 114, SN 11612 This machine could be put on a three year lease purchase agreement at 10% simpie interest for a monthly payment of $1,582.61 with the first pay- ment due in advance. There is no prepayment pen- alty and this could be paid off at any time during the life of the lease. $81,743.00 32,288.00 ~9,455. oo The bids were referred to the Street and Alley Committee for review and to make a recommendation at the next Council meeting. ORDINANCE NO. 692 (Second reading) ATTORNEY FOR SPECIAL IMPROVEMENT DISTRICTS Motion by Alderman Meyers that Ordinance No. 692 be passed and adopted. Seconded by Alderwoman Carter. Upon taking a roll call vote, all Aldermen present voted "yes". ORDINANCE NO. 693 (Second reading) ENGINEER FOR SPECIAL IMPROVEMENT DISTRICTS Motion by Alderman Metzger that Ordinance No. 693 be passed and adopted. Seconded by Alderman Ehrlick. Upon taking a roll call vote, all aldermen present voted "yes". ORDINANCE NO. 694 (Second reading) AMENDING CHAPTER 17 OF THE LAUREL MUNICIPAL CODE. Discussion. Motion by Alderman Ehrlick that Ordinance No. 694 be passed and adopted. Seconded by Alderman Meyers. Upon taking a roll call vote all aldermen present voted "yes". page Minutes of the City Council of Laurel ORDINANCE NO. 695 (lst reading) AMENDING CHAPTER 17.44 OF THE LAUREL MUNICIPAL CODE REGARDING HOME OCCUPATION DESIGNATIONS. Discussion. Motion by Alderman Brennan that Ordinance No. 695 be passed and adopted. Seconded by Alderman Meyers. (Second reading 6~16-81). ORDINANCE NO. 696 {lst Reading } BEING AN ORDINANCE SETTING FORTH THE BUSINESS HOURS OF THE POLICE COURT OF THE CITY OF LAUREL, MONTANA. Motion by Alderwoman Carter that Ordinance No. 696 be passed and adopted. Seconded by Alderman Meyers. (Second reading 6-16-81) Discussion Alderman Fink - If we. set this thing up from 9-12 and someone says I can't make it at 't'hat time because I get off work at 3:00, what then? Before, Walt would say, "Fine, I'll be there". Alderman Meygrs - The Ordinance provides for that, it says any other time as needed. Alderman Fink - Yes - He could work 8 hours a day. Alderman Ehrlick - Why slap somebody's face who is trying to work with you? And that.is just exactly what you are doing. Alderman Fink ~ He has done this for a number of years and has done a good jSb and worked good with people. Alderwoman Carter - I don't feel we are slapping anyone's face. I feel we are setting some guidelines for the Council, Judge and future Judges to go by. Alderman Ehrlick - Your future judges you might have to change - you might have a full time judge. Why not wait until such a time you need it. You really don't need it now. He's taking care of his business. Alderman Fink - Have you had any complaints? I haven't heard of any and I am sure Mr. Menello hasn't. Alderwoman Carter - He also draws a very nice salary for the work that he is doing. Alderman Fink - I don't think it's all that great. Alderman Ehrlick - We give him a salary as long as he takes care of the job- that's ail that matters. Alderman Fink - Now it's starting to pay something and you want to start setting hours. Worked for nothing for years. Alderwoman Carter - No, he didn't work for nothing for years. Mayor Herman - Let's confine ourselves to the discussion as to whether or not it's appropriate to set the hours. Leave personalities and wages out of this. Alderman Fink - Seems like that's what the problem is - wages. Alderwoman Carter- You don't take away salaries. Alderman Burns - I think, to me, as far as what you said is true. I have heard no complaints as far as the public is concerned. I do feel that the Council should have some ideas as to the business hours, that you, Walt, or any judge that the City of Laurel may have. The approximate amount of time or the hours the judge puts in. I think this is one thing they are after. page 5 Minutes of the City Council of Laurel As far as things are going now and your work is concerned, I can truth- fully say, as far as the public is concerned, I have ne complaints what-so-ever on the way you're conducting the Judge's work and Judge's chambers. But, I am sure, as far as I and the rest of the Council sitting here, that we have no idea because we are not up here ail the time or see what you put in. You might put in 12 or it hours a day and we don't know anything about it. Judge Menell© - We had a meeting with the Budget Committee last night, which I thought was very constructive, and the information that you are asking about, Bob, I think, is well taken. In the it years that I have been the City Judge here, not one single Counciiman has ever come in to my court to find out what was going on. I think you should be informed and I think we had a good meeting last night. As to the salary, we had an agreement. We agreed that the salary wouid be treated as any other non-union employee. They would not discriminate, they were not going to look upon the Judge as a separate thing entirely. Wasn't that so? Alderman Behm- Well, in so many words, yes. We pointed out that you are not being singled out individually There are others being looked at too. Judge Menello - No discrimination and that the salary would be considered as any other non-union employee. I want to repeat that~ because some- thing may come up on that a little later on. As to hours, every month is entirely different. The month of May I would say~ probably, if you were to count the home calls, street calls, office calls, etc., and hearings, it would near 70 hours. For instance, Memorial Day, I got seven telephone calls. I think if the State wanted the Council to put up special hours, like 9 to 12, they would have included it in their state statutes. Instead, they said that the Judge's Court hours would be on all judicial days, meaning Monday through Friday, 24 hour call. If the officers only write 10 tickets a month, as an example, then the Judge takes care of ten. If they write a thousand tickets and it takes 5 hours a day, that Judge has to be there 5 hours a day. At the minimum, you are guaranteed at best, 3 hours a day. The month of May I had 7 hearings, most of them late in the afternoon because the people couldn't come in during the morning. I come in between 8:00 and 8:15 in the morning. I don't leave this court until 10:00 or a little after. So you have got 2 solid hours to begin with and Teresa calls me back whenever I am needed. She can verify this - we have it all documented and verified. So, as far as hours being put in, I don't think there is any argument either way there. But, if you say specifically 9:00 to 12:00, then the flexibility of the court is limited. I think that is of a more convenience to the City and not for the public. I explained this last night and I thought that it was well reoeived by the Committee. The only one that had something to say was Alderwoman Carter. The other gentlem~n on the Committee said nothing. So, I know how Sue feels. Another thing, we had some Attorney General opinions. Depending on the decision that's made by the Council, I would like to test those opinions as to whether or not this actually is a legal thing to do. Tom says that from his experience, you can do that. I have some information from these schools that may be contrary to that. Do you have any questions? Alderman Behm - I would like to make my comments, since I won't be here next meeting. Personally, Sue, I am not in favor of setting fixed hours. If we are going to require something for the $12,000.00 or whatever the salary is going to be, perhaps we could require that the Judge be, and according te_~the state statute he has to be, available 24 hours~ a day, 5 days a week. page 6 Minutes of the City Council of Laurel Alderwoman Carter- It's not in the code book. There is every other term, but there is nothing about time and when he will be available and what he will do. Mayor Herman - I think, probably the place where it shows is under Justice Court. Alderwoman Carter- There it says, the County Commissioners shall designate the office hours for each justice. Office hours shall be comenserate with salaries provided. That's J.P. Court, but under Police Court there is absolutely nothing. Alderman Behm - In finishing my remarks, I think, personally, instead of setting fixed hours of 9:00 to 12:00, 9:00 to l:00, or whatever, that if we think we should require something, maybe something could be written up where we require that he be putting in 20 hours a week for whatever salary is determined. It's kind of hard for any working guy to lay off 2 or 3 hours from his job to go pay a $20.00 fine. Mayor Herman - Maybe one way of stating it, is that he be open on every working day. Then you would adjust the salary according to the hours actually being put in on it. That way you're not setting hours, but yet you're having him be open every legal day it's to be open. Alderman Meyers - What days were you open before? Judge Menello - At the Complex, every day 3:00 P.M. to 5:00 P.M. Alderman Meyers - What's the note on the door about hours? Judge Menello - That's a misunderstanding. When the schedule was set up, we set up our arraignments and initial appearances on Monday, Wednesday, and Friday. We did it purposely, so that we could spread our work out and have no interference in the event of hearing on Tuesdays and Thursdays. If people don't show up we mail out summons and warrants. The reason I come in early is to get my write-up work done. We have no clerk here. Some Judges have a clerk - maybe two. Regarding the salary, let me give you a classical example. Let's just assume~I am going to be 65 next year, so I come up to the Council and say, now I am going on Social Security and PERS so I don~t want you to pay me any more than $6,000.00 a year, so I don~t lose my Social Security. So on the computer, for Laurel, there is a $6,000.00 salary for Judges - looks good. But this is happening all over the state of Montana in a great many cases. So you see the computer figure has to be looked behind to find the story. Alderwoman Carter - Are the present Court hours Monday, Wednesday, and Friday from 9:00 A.M. to 10:00 A.M. ? Judge Menelto - No. Just for arraignments and initial appearances. I check in between 8:00 A.M. and 8:15 A.M., pick up my tickets etc. I come down here until 10:00 A.M. That's 2 solid hours to get my work done and it works out very nicely. Alderman Brennan - I don't really necessarily agree with these hours. We haven't had any problems with you, but it is conceivable that come January you might not be the Judge. Alderman Ehrlick- Then you set up the hours. Alderman Brennan- But then it will take another B months to get it set up. Alderman Behm - Maybe we could set up something requiring 15 or 20 hours a week. Alderman Brennan - We could get somebody in here that doesn't want to show up at all. Alderman Behm - Could we make an amendment to the proposed ordinance? Mayor Herman I think if you want to propose an amendment, you can do it at the next meeting on the second reading. I would like to suggest also, that perhaps the Council should consider some base wages for ail'the officers, not just the judge. page seven Minutes of the City Council of Laurel Alderma? Metzger - The other night at the Budget meeting we discussed that this fall we would take a iook at all the wages of elected, appointed and non-union empioyees. TOM BRADLEY - S.I.D. NO. 106 We have been slowed down because we haven't received a copy of ali the property owners from the Title Co. I suggest that we delay Resoiution No. i851 until the next Council meeting. RESOLUTION NO. 1852 COUNCIL ORDER DIRECTING PROPERTY OWNERS TO INSTALL CURB. {This is an addition to Resolution No. 1850) Motion by. Alderman Ehrliek - that Resolution No. 1852 be passed and adopted. Seconded by Alderman Meyers. Carried. Dave Gausiow - Fire District #8 This is a Yeiiowstone County in the White Horse Bench fiscal year 1981-82 is $2,134.68. Fire District formed outside of area. The contract amount for APPROVING AND RURAL TO PROVIDING FIRE PROTECTION. Motion by Alderman Fink - that Resoiution No. Sgco~ded by' kkd~rman Meyers. Carried. Duane Behm - Budget Committee RESOLUTION NO. 1853 AN AGREEMENT BETWEEN THE CITY OF LAUREL FIRE DISTRICT NO. 8, SAID AGREEMENT RELATING 1853 be passed and adopted. Motion by Alderman Behm - to enter the Budget Committee minutes of May 26th and 27th into the record. Seconded by Aiderman Meyers. Carried. Sue Carter - Park. Committee - Announced that swimming tickets were raised t~is ye~ t~ $7.00~for 'single, $15.00 for family and the daily fee would remain at 759. Sue asked Tom Bradley for a legal opinion regarding charging out-of-city residents a daily charge of 75~ and not allowing them to buy a season ticket. Ne said, "This could be done since they did not participate in the original bond issue." Sue remarked that she had mixed feelings about this, but the majority of the Park Committee felt very strongly about not selling season tickets to out-of-city residents. Motion by Alderwoman Carter - that no season tickets be sold to out-of-city residents; Daily tickets only. Seconded by Alderman Meyers. Carried, with AIderman Fink voting "no". Motion by Alderwoman Carter - to enter the minutes of May 28th into the record. Seconded by Alderman Brennan. Carried. The Mayor announced that he has appointed Ruth Baker to another 5 year term on the Library Board. Motion b~ Aiderman MetzEer - to confirm the appointment of Ruth Baker to Library Board. S&conded by Alderman Ehrlick. Carried. Don Meyers mentioned that the new film strip projector is here and that a formal presentation~will be made to the Library at the next Council meeting in memory of Inez Vaughn. page eight Minutes of the City Council of Laurel Dick Metzger wanted the Council to take notice of the way the front of the Library and office has been cleaned up. This was done by the people out of the Library. I think they have done an excellent job. The Clerk was directed to send them a letter of appreciation. The Clerk was granted permission to leave the state from June 27th thru July 20th. Bob Burns - inquired about whether or not HKM obtains permission from EPA regarding emissions control on the new sewer treatment plant, or who sees to that? Dave Michael said that we do have one right now. Bob also inquired as. to the storm sewer drainage. He has had one complaint from ABC about water standing in front of the business. Albert Ehrlick mentioned that they had talked about this the other night and Dick Metzger said that the storm sewer did not eliminate that gutter. Ail they did was put in a storm drain and an inlet. As far as that water that stands in front of his place, it will always stand there until he gets that curb replaced or somebody builds it up. That has nothing to do with the storm drain itself. Mike Bloom commented that the police could not qualify at the range because they were not members of the Rifle Club. This was referred to the Police Committee for further study. Bill Brennan asked if we are about done with the hiring freeze, because we sure could use another police officer. Mayor Herman said "No, not yet". Whenever the Finance Committee makes a recommendation to the Mayor. There being no further business to co?j~_~efore the Council at this time was adjourned at 8:26 P~M..k J~ the meeting Donald L. Hackmann, City Clerk Approved by the Mayor Laurel, Montana, this and passed by the City Council of the City of 16th day of June, 1981. ATTEST: Donald L. Hackmann, City Clerk