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HomeMy WebLinkAboutCity Council Minutes 04.16.1996Minutes of the City Council of Laurel April 16, 1996 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 Chuck Rodgets at 7:00 p.m., on April 16, 1996. COUNCIL MEMBERS PRESENT: Gay Easton Bud Johnson John Minch Miles Walton Ron Marshall Dirk Kroll Donna Kilpatrick Chuck Dickerson COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Johnson. MINUTES: Motion by Alderman Marshall to approve of April 2, 1996, as presented, seconded carried 8--0. the minutes of the regular by Alderwoman Kilpatrick. meeting Motion Motion by Alderwoman KilDatrick meetings of April 6, 1996 and April 11, Walton. Motion carried 8--0. to approve the minutes of the special 1996, as presented, seconded by Alderman CORRESPONDENCE: Received a letter from Naomi O'Connell expressing her appreciation of the Laurel Volunteer Fire Department. Received a memo from the City of Billings regarding Landfill Users Summit meetings. Received a memo from the Yellowstone Historic Preservation Board regarding an awards meeting, dated April 10, 1996. Received a memo from the Montana League of Cities and Towns regarding the Governor's Infrastructure Conference on April 11, 1996. Received a special program focus on CTEP funding. Received a letter from Richard Larsen & Associates, Inc. regarding development of a wage classification for the City of Laurel. Received an agenda from the Yellowstone Historic Preservation Board for their meeting on April 9, 1996. Received the March minutes and activity report from the Yellowstone County Air Pollution Control Board. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statements for the month of March were presented. Motion by Alderwoman Kilpatrick that the financial statements for the month of March, Alderman Kroll. Motion carried 8--0. City Clerk's and City 1996, be approved, seconded by AUDIT REPORT 1994-95: Rosie Barndt, Sam Boggess & Associates, presented and reviewed the audit report for 1994-96. She stated it was an excellent audit and commended Don Hackmann for his good work. Motion by Alderman Dickerson to adopt the 1994-95 audit report from Sam Boggess & Associates, seconded by Alderman Johnson. Motion carried 8--0. BOB GRAHAM - RESERVOIR SITE: Alderman Dickerson asked the council members to review the minutes of the Public Utilities Committee meeting, dated April 8, 1996, at this time. Bob Graham expressed the feelings of frustration he has encountered in reaching an agreement with the city on the reservoir site. He referred back to eight or nine years ago regarding an offer from B Bar S Partnership to the City of Laurel. This offer was to take in trade, fifteen lots the city had, for twenty acres from B Bar S Partnership. Bob ~tateH ~hi~ ~¢F~ Minutes of the City Council of Laurel Page 2 Council Meeting of April 16, 1996 A second offer was made to the city a few years ago for land necessary for a reservoir site in exchange for an access to their property, across Rosselot's land. The reservoir was not part of the water project, therefore, they did not get a right-of-way to their property. A road now has to be built up Valley Drive and back up to the top of the hill, which will cost them approximately $50,000.00. B Bar S then offered to sell acreage to the city for a proposed future reservoir for the amount of $50,000.00, which is the cost for them to build a road. The proposal was to give the city enough acreage to build one or two future reservoir sites and help the future water supply of Laurel. He stated he missed the meetings that were held to discuss this proposal because he was not notified of them. His first reason for doing this is becauseof the money involved. The second reason is that after reading reports from MKM and past City Engineer, Curt McKenzie, the property is the best site for a future reservoir. The third reason is that Laurel has the potential for growth in every shape, manner, and form. He strongly believes that if there is no reservoir there, the City of Laurel will face future water distribution problems which will be a tremendous cost to the city. This is strictly his opinion. His family does not agree with this statement. They have asked him to tell the city that the offer is done with and leave it at that point. His wife does not want a reservoir that will be next to their house, it would be detrimental to their property. An adjacent property owner of theirs also does not want the reservoir because it will block his view of Billings. Bob expressed his belief in Laurel's growth and asked the council to read the HKM report. It is his knowledge that HKM has been and continues to be discredited from several sources. He referred to the letter from Morrison-Maierle to the city as one who has discredited them. He suggests that the council do two things before they take this letter for verbatim. First, read the HKM report and secondly, get an elevation map and look at the elevation of the land. The land is approximately seventy feet above the existing reservoir. The report states that the existing water tower provides water to the lower valley. The future reservoir would provide water to the whole valley, to the north, west, and south. In regard to why the reservoir is needed, Bob stated the definitive growth of Laurel has been projected by Double Tree, HKM, and everyone in Laurel. The subdivisions that have entered into the city limits of Laurel are in the north and west. According to realtors and developers in this areas this is where the growth has been and will continue in these areas. The reports show that the growth of Laurel will be stymied in other directions because of the land itself, the high water table, the general nature of Cenex, and etc. The growth of Laurel will definitely be to the north and west. He pointed out that the report says the growth of Laurel, north and west, cannot continue at this point because it is on record that the water pressure to Cherry Hills, Murray Heights, and etc. are already below pressure. It cannot be extended until the present booster station is remodeled in conjunction with the proposed reservoirs in the future. The future of Laurel depends upon that future reservoir. The council, in the past, had already voted not to build the reservoir, but to upgrade the present water system and put the old reservoir back on line. Bob said he is not talking about this tonight, as the letter from Morrison-Maierle says, changing the site of the present reservoir would be minimal. He said he is simply trying to sell it to the city for the future of Laurel. If Laurel is going to grow with an adequate water supply, then the city council should tie up the piece of property as they did the property near the FAP. He emphasized that the city did this because it is for the good of Laurel and someday Laurel can use the property for whatever reason. His family has no choice but to subdivide the property and sell it, even though this is not what he wants to do. Then, the property will not be available, as he cannot keep it for the future of Laurel. Bob thanked the council for their time and left. He didn't wish to answer questions. There was no council discussion at this time. DEVELOPMENT OF WAGE CLASSIFICATION STUDY: A proposal was received from Richard LaPsen Minutes of the City Council of Laurel Page 3 Council Meeting of April 16, 1996 Alderwoman Kilpatrick announced that it was recommended by the Budget/Finance Committee to proceed with the wage classification study. Motion by Alderman Marshall to proceed with the wage classification study, seconded by Alderman Johnson. Motion carried 8--0. ANTI-DRUG AND ALCOHOL TESTING POLICY: RESOLUTION NO. R96-8 A RESOLUTION ADOPTING A ANTI-DRUG AND ALCOHOL TESTING PLAN AND PROCEDURES POLICY FOR CDL DRIVERS Motion by Alderwoman Kilpatrick that Resolution No. R96-8 be passed and adopted, seconded by Alderman Marshall. Alderman Minch stated there should also be a resolution for an anti-drug and alcohol policy for testing of all city employees, now that there is one for the CDL drivers. He is referring to the policy statement that reads the City of Laurel understands that safety problems are created when employees use alcohol and controlled substances. Jim Flisrand mentioned there is a policy in the personnel manual regarding drugs and alcohol. The CDL policy relates to safety sensitive positions only. The police department is exempt from the CDL policy. Discussion regarding not only the CDL drivers, but all city employees being under an anti-drug and alcohol policy for random testing. It is a federal mandate for only CDL drivers. Without the requirements of the federal law, there may be something that can be done, but probably not parallel to the same requirements because of the backbone provided by the federal law. Drug and alcohol testing is much more difficult to enforce and implement without any mandates. The rights of the people may be more infringed upon than the employee that holds a CDL. An employee that holds a CDL has to succumb to the guidelines of the federal law. Joe Leckie, City Attorney, stated he would do some additional research on violation of the right of privacy, in terms of a type of random pool for drug and alcohol testing for general employees. A vote was taken on the motion. Motion carried 8--0. EMERGENCY EXITS REQUIRING ADDITIONAL EXPENDITURES: RESOLUTION NO. R96-9 BEING A RESOLUTION DECLARING AN EMERGENCY EXITS REQUIRING ADDITIONAL EXPENDITURES NECESSARY FOR REPAIRING THE WATER INTAKE LINES AT THE WATER PLANT Motion by Alderman Marshall that Resolution No. R96-9 be passed and adopted, seconded by Alderman Dickerson. Motion carried 8--0. FINANCE EMERGENCY REPAIRS - WATER INTAKE LINES: RESOLUTION NO. R96-10 AUTHORIZING AGREEMENT WITH 1ST SECURITY BANK TO FINANCE EMERGENCY REPAIRS TO WATER INTAKE LINES AT THE WATER PLANT ~otion by Alderwoman Kilpatrick that Resolution No. R96-10 be passed and adopted, seconded by Alderman Dickerson. Motion carried 8--0. COMMITTEE REPORTS: --Board of Adjustment minutes of April 9, 1996 were presented. Motion by Alderwoman Kilpatrick to enter the Board of Adjustment minutes of April 9, 1996, into the record, seconded by Alderman Easton. Motion carried --Budget/Finance Committee minutes of April 2, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of April 2, 1996, into the record, seconded by Alderman Marshall. Motion carried 8--0. Minutes of the City Council of Laurel Page 4 Council Meeting of April 16, 1996 Motion by Alderwoman KilDatrick to accept a three year audit proposal from Sam Boggess & Associates in the amount of $3,650.00 for each year audited, seconded by Alderman Marshall. Motion carried 8--0. --City Council Committee of the Whole minutes of April 2, 1996 were presented. Motion by Alderman Whole minutes of April 2, Motion carried 8--0. Dickerson to enter the 1996, into the record, City Council Committee of the seconded by Alderman Johnson. --City/County Planning Board minutes of April 11, 1996 were presented and reviewed, Cal Cumin reviewed the minutes with the council. HOME OCCUPATION - MICHAEL HANEY Michael Haney, 306 4th Avenue, has applied for a home occupation to operate a small electronic equipment repair service out of his home. Michael would like to start a small part-time repair service. He is planning to repair video cassette recorders, stereos and amplifiers, utilizing devices that replace the speaker or any small compact consumer electronic components. He uses "dummy loads", which is a large absorbing resistor to shoot energy into so as not to create any sound from his garage where he does the work. Instead of generating noise, he is generating heat. There will be no electronic feedback in the process he uses. The equipment he uses doesn't have near the power that a hand operated transmitter would have. The isolation transformers in radios and receivers have created almost no feedback in recent years. Michael stated that all the neighbors he notified were in favor of his home occupation and they do have a right to let him know if they have a with it. proposed problem He anticipates no traffic coming to the home. He plans to go out and extract the electronic item from the customer, this way he knows that nothing is broken when it is removed and everything was set up properly when it was installed, Motion by Alderman Dickerson to grant a home occupation to Michael Haney to operate a small electronic equipment repair service, seconded by Alderman Marshall. Motion carried 8--0. Motion by Alderman Dickerson minutes of April 11, 1996, into the Motion carried 8--0. to enter the City/County Planning Board record, seconded by Alderwoman Kilpatrick. --Park Committee minutes of April ll, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick to approve the rental of 10 porta-potties to be placed in Thomson Park for Aviation Days, May 3rd and May 4th, seconded by Alderman Dickerson. Motion carried 8--0. Motion by Alderwoman Kilpatrick to allow the Laurel Little League/Laurel Dodgers group to hire an individual to operate the concession stand, but that the two groups remain in control, seconded by Alderman Easton. Motion carried Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of April 11, 1996, into the record, seconded by Alderwoman Kilpatrick. Discussion regarding restrooms in Thompson Park not being unlocked for use until the Laurel Dodgers start their ball games. There are tee-ball and minor leagues that start earlier and a problem is created when the restrooms are not available. Alderwoman Kilpatrick stated that the restrooms are not opened until there is no more freezing weather to break pipes. This just coincides with the Dodger games. It was suggested that porta-potties be placed in the park until the restrooms can be opened. A vote was taken on the motion. Motion carried 8--0. Motion by Alderwoman KilDatrick to close streets for Aviation Days, May 3rd and May 4th as mentioned in the Park Committee minutes, seconded by Alderman Johnson. It was suggested to close East 8th Street ~rom ]Rf Av~nn~ ~ D~nn~v]~r~n~ Minutes of the City Council of Laurel Page 6 Council Meeting of April 16, 1996 --Police Committee minutes of April 4, 1996 were presented and reviewed. Alderman Marshall commented that the committee ordered a software package from Swift Systems of Butte, Montana. The committee received two bids for hardware from Entre Computers and Ins Communications. The bids were incomplete and no decision was made. They will be putting out the hardware bids again so they can get the exact equipment that is needed. Motion by Alderman Marshall to enter the Police Committee minutes of April 4, 1996, into the record, seconded by Alderman Johnson. Motion carried 8--0. --Public Utilities Committee minutes of April 8, 1996 were presented and reviewed. Goodwill Program Discussion on the "Goodwill" program. that the claimant may receive 30% of a valid claim form, invoice of goods services to clean up the damages caused, with the amount not to exceed $600 claim. A reviewing committee will need to be picked to review the claim, as had been presented to the insurance company and give approval or disapproval paying the claimant. It will also need to be approved by the City Council. Budget/Finance committee may need to look at this to reserve an amount for Goodwill Program. The Public Utilities Committee recommends and per it for The the Discussion on whether the Goodwill Program will put the city in jeopardy with the insurance company. Alderman Dickerson stated it is used throughout the state. The insurance company still reviews the claim as to whether or not it is the city's fault. The city will be providing goodwill to the claimant who was denied by the insurance company. Alderman Johnson commented that he felt Jim Flisrand generated goodwill by spending time explaining to Kristine Kerr what was required and what she needed to do in order to expel any myths. He also mentioned that at the workshop in Bozeman, they received a copy of the Goodwill Policy from our insurance carrier. The only comment he said is, if the city decides to proceed with this to please contact him. Alderman Johnson suggested the city address the insurance company and work with them before going any further. Motion by Alderman Dickerson to table the Goodwill Program until the next Public Utilities Committee meeting in May and address the insurance company for their opinion, seconded by Alderman Walton. Motion carried 8--0° Reservoir Site The Public Utilities Committee recommends to deny the proposal to property from Bob Graham on the proposed site for the upper reservoir. purchase Mayor Rodgers asked Jim if it would be better to have satellite sites rather than having this proposed site for a reservoir? Jim responded that it depends on the direction that the city expands. The comments made earlier by Mr. Graham were a comparison drawn between Mr. Graham's site and between our existing reservoir. This is not the concern or what the letter from Morrison-Maierle relates to. The letter reads that the difference between Mr. Graham's property and the adjacent property is about 30 feet in elevation. If a 10 foot higher walled reservoir were built, there would only be a 20 foot difference in elevation. Based on a 20 foot elevation, the increase would be minimal. The city could place a reservoir east, west, north or south and still have the same type of situation and service almost the same area. It doesn't have to be that one spot on top of the hill. This site will only give pressure below the hill, not on top of the hill. In order to serve water to anyone on top of the hill, a booster station is needed for gravity feed. If the reservoir is put on that proposed site, it will only serve the area to the south and west towards the golf course. Pressure regulators would be needed to service south as the elevation decreases. This is not the only site to consider. Depending on where the city expands, determines the site of the reservoir. It was discussed that if the city purchased the property, it could be a shot in the dark. If the city purchased the property and didn't use it for a reservoir, then they would need to contact a realtor. This could lead towards making the land into salable lots by developing roads and etc. or sell it to a developer who will do this. There are other areas to put a reservoir. Bob Graham was referring to a large number of acres on the hill and the city would only be considering a 300 sq foot by 300 sq foot area for the reservoir. If the lots were subdivided before the reservoir was Put in. then there m~v he ~ Minutes of the City Council of Laurel Page 6 Council Meeting of April 16, 1996 It was discussed that Laurel could end up with smaller reservoir sites, one to the west and one to the east. As the airport develops, they will need water service for fire code and sanitation. The airport will be a big growing asset to the city of Laurel and will expand greatly. Motion by Alderman Dickerson to accept the Public Utilities recommendation to deny the purchase of Bob Graham's property, Alderman Johnson. Motion carried 8--0. Committee's seconded by Proposed Car Wash - Town Pump Jim received a fax from Town Pump, Inc. and read it to the council. The letter asked the city council to postpone any action at the April 16th meeting until a future date when their engineering representative is back in town. Motion by Alderman Dickerson to table the proposed car wash at Town Pump, seconded by Alderman Johnson. Motion carried 8--0. Water Plant Intake Suction Line Project Dave Michael explained the project to the council. The project will completing the manifold, new lines and valves into the building. This can be budgeted for in the future, possibly within the next five years. involve project Motion by Alderman Dickerson to enter the meeting minutes of April 8, 1996, into the record, Motion carried 8--0. Public Utilities Committee seconded by Alderman Walton. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: None MAYOR'S COMMENTS: Mayor Rodgers proclaimed April 21st to 27th as United Way week. Mayor Rodgets thanked the Laurel Volunteer Fire Department for their hard work and efforts in controlling the fire in downtown Laurel. He also thanked Donna and Tom Kilpatrick for the many years and support given to the community. They did an outstanding job the years they had the Movie Haus. The Movie Haus was enjoyed by many people. There being no further business to meeting was adjourned at 8:46 p.m. come before the council at this time, the Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Montana, this 7th day of May, 1996. Donald L. Hackmann, City Clerk Laurel,