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HomeMy WebLinkAboutCity Council Minutes 09.18.1979• • • Minutes of the City CQunc~l of Laurel September 18, 1979 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, Larry D. Herman, at 7:00 p.m., on September 18, 1979. COUNCIL MEMBERS PRESENT: Albert Ehrlick Bill Brennan ~ Harold Burns Susan Carter Duane Behm Terry Fink i Donald Meyers COUNCIL MEMBERS ABSENT:. Ervin Metzger ~ INVOCATION: Invocation given by Reverend Whanger. MINUTES: Minutes of the regular meeting of September 4th approved as presented. CORRESPONDENCE: Received a letter from HKM Associates regarding three ordinances which EPA says the City must enact to amend the City's sewer use ordinance. As soon as this is done, Laurel will be eligible for 100% of its Federal Grant amount ~ for the sewer rehab work. At this time the City is only eligible for 800 of their grant. ORDINANCE N0. 669 AN ORDINANCE GOVERNING THE PROPER DESIGN AND CONSTRUCTION OF SANITARY SEWEP.S AND SEWER CONNECTIONS. Motion by Alderman Meyers that Ordinance No. 669 be passed and adopted, seconded by Alderman Ehrlick. Upon roll call vote all aldermen present voted nyes." E ~ ORDINANCE N0. 670 ~ AN ORDINANCE REQUIRING AN ANNUAL NOTIFICATION OF WASTE- WATER TREATMENT SERVICE RATES TO EACH SYSTEM USER. Motion by Alderman Behm that Ordinance No. 670 be passed and adopted, seconded by Alderman Meyers. Upon taking roll call vote all aldermen present voted "yes." k ORDINANCE N0. 671 AN ORDINANCE ADDING THE PROHIBITION OF CLEAR WATER CONNECTIONS. l~lotion by Alderman Burns that Ordinance No. 671 be passed and adopted, seconded by Alderman Brennan. Upon taking roll call vote all aldermen present voted "yes." ~I While the Council was on the subject, the following ordinance regarding cleaning of sidewalks was discussed: ORDINANCE N0. 668 DECLARING THAT A PUBLIC NUISANCE EXISTS WHENEVER ICE, ~ SNOW, MUD, SLUSH, OR OTHER IMPEDIMENT TO SAFE PEDESTRIAN F TRAVEL ARE ALLOWED TO ACCUMULATE OR REMAIN ON PUBLIC !i ~ SIDEWALKS. ~i k s F i i ~ I. _ _ _ -a I i, ~ ~ i I page 2 Minutes of the City Council of Laurel Motion by Alderman Meyers that Ordinance No. 668 be passed and adopted, seconded by Alderman Brennan. Upon roll call vote all aldermen present voted "yes," except Alderman Burns and Alderman Ehrlick who voted "no." There was discussion regarding property owners within the city limits having noxious weeds over 8 inches tall. When these property owners are known, the clerk was directed by the Mayor and Council to notify the owner ' by letter that they are to cut their weeds or the city will have it done and the property owner will be billed on their taxes. SID 102: RESOLUTION N0. 1763 k TO ACCEPT THE PRIVATE SALE OF BONDS IN THE AMOUNT OF r $92,000.00 FOR SID 102 AT THE INTEREST RATE OF 9o PER ANNUM, TO THELMA GIBBS LONG. Motion by Alderman Ehrlick that Resolution No. 1763 be passed and adopted, seconded by Alderman Burns. Carried. Construction bids were opened on August 21, 1979, but because there were not any bond bids, no action was taken at that time. Motion by Alderman Behm to award the construction contract for SID 102 to Long Construction Co. in the amount of $73,797.50, seconded by Alderman Meyers. Carried. CLAIM AGAINST THE CITY OF LAUREL,: A claim has been made by Alan J. Lerner, Attorney for Wesley Brier, for alleged injuries due to a fall on the parking lot of Hageman's Elevator. Motion by Alderman Ehrlick to deny the claim and turn it over to our ~ insurance carrier, seconded by Alderman Meyers. Carried. k ED LA PRATH complained to the council about a drainage problem in the Mogan E Subdivision. The Mayor directed the City Engineer to check this out and make sure that the SID for this area is completed according to plans. ~ I MURRAY HEIGHTS: Several residents appeared and protested the dusty, dirty streets in this area. Apparently about two weeks ago the City dumped some i fill dirt taken from cleaning gutters and this has not been satisfactory C (too much fine dust and garbage). This area is in a proposed SID, and i~l gravel would be rather expensive to use at this time. The burden of gravel costs would be on the residents. Dick Metzger will try to find a temporary j solution to this probl.eme i JOHN MAC MARTIN presented the completed Laurel Planning Data Book and Compre- II hensive Plan. He also discussed applications for the FmHA Section 601 program. I RESOLUTION N0. 1764 II AUTHORIZING THE MAYOR TO APPLY FOR FmHA 601 FUNDS PLANNING GRANT IN THE AMOUNT OF $10,000.00. Motion by Alderman Meyers that Resolution No. 1764 be passed and adopted, seconded by Alderman Behm. Carried. i e t r 1 1 4 i R k I i i ~I ' I ~v _ page 3 Minutes of the City Council of Laurel RESOLUTION N0. 1765 AUTHORIZING THE MAYOR TO APPLY FOR FmHA 601 FUNDS FOR A LAND ACQUISITION PROJECT FOR THE SEWAGE TREAT- MENT PLANT. TOTAL COST IS $35,000.00; THE FEDERAL SHARE IS $26,250.00 AND THE LOCAL SHARE IS $8,750.00. ~ Motion by Alderman Ehrlick that Resolution No. 1765 be passed and adopted, seconded by Alderman Meyers. Carried. RESOLUTION N0. 1766 ~ AUTHORIZING THE MAYOR TO APPLY FOR FmHA 601 FUNDS ~ FOR A LAND LEASE, DEVELOPMENT AND MANAGEMENT PLAN FOR THE SANITARY LANDFILL OPERATION. TOTAL COST IS $20,000.00; THE FEDERAL SHARE WOULD BE $15,000.00 AND THE LOCAL SHARE $5,000.00. Motion by Alderman Meyers that Resolution No. 1766 be passed and adopted, seconded by Alderman Fink. Carried. 1979/80 BUDGET: The clerk did not have all of the proposed budgets on the computer yet, and when this is completed a special meeting will be called possibly in about a week. There was discussion regarding the Emergency Snow Removal levy. RESOLUTION N0. 1748-A TO AMEND RESOLUTION N0. 1748, LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN GARBAGE DISTRICT M N4. 1 and 2 OF THE CITY OF LAUREL, MONTANA, FOR EMER- ~ GENCY SNOW REMOVAL. ~ Motion by Alderman Behm that Resolution No. 1748-A be passed and adopted, seconded by Alderman Fink. Carried 5--2, with Alderman Ehrlick and Alderwoman Carter voting "no." PUBLIC UTILITIES COMMITTEE: I Motion by Alderman Meyers that the minutes of the meeting on September 12, 1979, be entered into the record, seconded by Alderman Burns. Carried. '~,I Permission was granted to Barbara Smith for the removal of a dead tree ~ located near the old water reservoir. INEZ VAUGHN complained about parking problems with cars and trailers near her residence, especially when the snow starts piling up. There being no further business to come the council at this time, I the meeting was adjourned at 8:15 p.m. Donald L. Hackmann, City Clerk i Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2nd day of October, 1979. P ~ ~ Ili ~ G rry D. Herman, Mayor ATT T: ~ i It er ona ac mann i _ ~ , , , l i ~ i ~ ~ ~ , '7 ---- - -w RICHTER & LERNER FRAM( C RICHTER ATTORNEYS AT LAW' ALAN J LERNER REDSTONE COURT 121'.1 241H S112EET WEST BILLINGS. MONIANA 59102 September 4, 1979 Mr. Larry Herman Mayor of Laurel 111 West Main Laurel, Montana 59044 Re: Brier vs. Hageman Our File: 79-61 Dear Larry: AREA CODE: 406 TELEPHONE: 248.4240 I enclose herewith a copy of our claim against the City of Laurel. There is already a lawsuit filed against Hageman. The City of Laurel is hereby given ten (10) days in which to settle this claim in the amount stated therein. If the claim is not settled within that time, I will move Judge Wilson to join the City of Laurel as a party defendant in the action filed against Hageman. I will be happy to discuss this with you at your convenience. Please feel free to call at.y time. Very tru'ry you ," y RICHTER & tERNF.R n J. Lerner AJL/bj Encl. cc: City Clerk of Laurel Wesley Brier r NOTICE OF CLAIM 1. Conduct and circumstances of injuries: On February 8, 1979, the claimant Wesley Brier slipped and fell on the parking lot of Hageman's Elevator suffering numerous injuries to his brain including three hematomas. Said slip and fall was caused by ice which was not a natural accumulation. It has been alleged by Hageman Elevator that the City of Laurel failed to keep the street gutters clean on that date and water from the street backed up onto Hage- man Elevator property causing said ice. The City of Laurel was negligent in failing to properly construct or to main- tain their gutter system to cause such a condition to exist on Hageman property. 2. Time and place of injury: The above acts occured on February 8, 1979, in the City of Laurel, County of Yellowstone, State of Montana. 3. Names of persons involved: a. Wesley J. Brier and Beulah M. Brier. b. City of Laurel and it's maintenance crew and persons who constructed sewers. 4. The amount of damages: claimed is'$71Q,950.80. 5. Residence of the claimant: The claimants have resided in the state of Montana for more than six months.immediately prior to each occurance stated herein. DATED this d ,of September, 1979. RICHTER . ?r Alan Ler r Red one Co rt 1215 24th Street West Billings, Montana 59102 Attorney for claimants Wesley J. Brier and Beulah M. Brier M I N U T E S P bli Utiliji-rol Committee Date September 12, Time 5:00 P. M. Place of meeting City Hall A. Members presents Chairman Don Meyers Mervin Carter Dick Metz er Bob Burns, Curt McKenzie. Ken Boven 8. Others presents A quorum (3 or more) present the following action was taken by the committee: 1) DISCUSSED FROZEN WATER LINES. 2) BID WORKING FOREMAN JOB: Motion by Bo Burns to bid the Working Foreman job for Water Dept. Seconded by Marv Carter, Motion carried. 3) WATER AND SEWER STUDY: Motion by Bob Burns to start Water lr Sewer rate study. Seconded by fiarv Carter. Motion passed. . 4) VISIT BY COAL BOARD: Members o Coal Board will be visiting on the 27th of September. 5) Respectfully submitted: Don Meyers Chairman , Member r? S Q. Fiscal 78-79 July 1 78 to June 30 79 WATER Income 292, 14925 Rates Set Costs 347,286.37 April 1977 Overhead 63,696,0o SEWER Income 196,018.40 Cost 277,831.59 November 1978 Overhead 698636.00 LANDFILL Income 1019262.75 Costs 122,799.77 Overhead 110220.00 Overhead consists of Accounting, Billing and Collection of fees - All in the City Clerk's Office. Engineering consisting of mapping of utility locations, grade determinations and stake out of utility lines. Office support for Secretarial Services; Purchase and Contract preparation and award. Building Quarters Telephone and Utility Bills.