HomeMy WebLinkAboutCouncil Workshop Minutes 08.26.2003 MINUTES
COUNCIL WORKSHOP
AUGUST 26, 2003 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Bud
Johnson at 6:32 p.m. on August 26, 2003.
COUNCIL MEMBERS PRESENT:
_x_ Mayor Bud Johnson
_x_ Lauren Van Roekel x Doug Poehls
_x_ Ken Olson x Mark Mace
_x_ Gay Easton x Daniel Dart
_x_ Dan Mears x John Oakes
OTHERS PRESENT:
Larry McCann Harlem Krogh
Public input (three-minute limit)
Citizens may address the Council regarding any item of City business not on the agenda. The duration for an
individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council
will not take action on any item not on the agenda.
· No public input.
Executive Review
· Mayor Johnson introduced Harlem Krogh of Moulton, Bellingham, Longo & Mather, P.C.
o Harlem is handling the City of Laurel's case before the Human Rights
Commission.
· MMIA retained Mr. Krogh to represent the City of Laurel through its employment
practices liability coverage in a discrimination matter involving em employee.
· Harlem gave a brief background of the case.
· Harlem gave a brief synopsis of the Montana Human Rights Bureau.
o It is an administrative agency that is enacted to hear complaints of discrimination.
o It is like its own court system, only for discrimination actions.
o After a complaint is filed, em investigator is assigned to the case.
o The investigator interviews witnesses, collects data, and gives an opportunity to
present documentation to the investigator to show your side of the case.
o At that point, em investigator renders a decision, which is one of two things.
· A finding of reasonable cause means that there is sufficient evidence of
discrimination to go forward, and then a trial is set.
· A finding of no cause is a finding in which there is not sufficient evidence
to proceed; the complaint is dismissed, and the complainant can pursue
further remedies in district court.
· Mr. Krogh then explained the present case.
· There have been two similar decisions by the Montana Human Rights Commission in the
last eighteen months.
Council Workshop Minutes of August 26, 2003
· Harlan has assessed the situation and feels that a solution may be possible through
negotiation.
o He has negotiated a proposal for the council's consideration.
o Council approval is needed in order to proceed and resolve the matter.
· Harlan explained the two-fold settlement.
o In any settlement with the Montana Human Rights Bureau, there is the settlement
with the person who has filed the complaint, and then the Human Rights Bureau
must approve it.
· Discussion regarding further risk in terms of worker's comp for future injury.
o Need to get through this issue and then address other issues.
· Under the ADA, employers are required to make a reasonable accommodation of an
employee who is considered or perceived to be considered to have a disability.
· Discussion regarding setting a precedent.
o Harlan stated that every case is judged on its own.
· Discussion regarding services by Associated Employers of Montana (AEM).
o AEM was contracted in May 2003 to identify human resource issues.
o Safety issues need to be addressed.
o ADA education is needed in order to provide more awareness for supervisors.
Special Review for Sharon Mohr (Kober) Veterinary. Hospital
· Planning Board has recommended approval of the Special Review for Sharon Mohr
(Kober) Veterinary Hospital located at 20 7th Avenue, subject to no animals being kept
outdoors and her landscaping plan become part of the approval. As there were no people
present to speak at the public hearing, and the business fits within the Central Business
District zoning, the Board also recommends that the City Council not hold a second
public hearing.
o The Special Review will be a scheduled item on the September 2na council
agenda.
Change orders for the temporary, water
· Larry McCann explained two future change orders for the water intake.
· There is a giant compressor that back flushes back through the intake screens.
o Changing the timing on this is a very difficult process.
o For about $1,100, we can make it possible for the operators to set a timer on the
computer to do the back flush procedure.
o Since there is a lot of moss in the river now, we are back flushing every four
hours; in another month, we will back flush once a day; during high water, we
may need to back flush up to every two hours.
· The second change order is for the louvers.
o The building is secure except for two openings for the intake and exhaust louvers
for the generator.
o The louvers will cost $22,000.
o The cost is built into the bid of the new generator, but the change order needs to
come through so we can put them in while we wait for the generator.
o We are still waiting on Cenex's final word on their negotiations with the EPA.
Council Workshop Minutes of August 26, 2003
* Larry explained the change orders for the temporary water project that are on the next
agenda.
o When the project originally started, $126,000 was set aside to do the temporary
water for this project outside the contract.
o These are the change orders to the original $126,000 (which was paid out of the
$150,000 that was budgeted for the water intake in a previous budget year and
will remain outside of the total dollars of the current project).
o The change orders reflect the problems encountered with the temporary water
throughout the winter months.
o In order to include the costs in the contract price of the project, formal change
orders have to be approved.
o The State is aware of what we are doing.
o The current change orders are additional costs and will be added into the current
contract with COP Construction.
· A ribbon-cutting event is being planned for early October.
· A substantial completion walkthrough on the project will be done on Thursday.
o With substantial completion, COP releases all of its subcontractors.
o The city will not accept substantial completion until all projects are done.
o We will not go to completion until the generator is here.
· The generator is a separate change order.
· The warranty will start on the date that substantial completion is signed on the building
and the pumps.
· Discussion regarding the interest in a second water intake for the City of Billings.
· Discussion regarding a vulnerability assessment.
· Discussion regarding a need for a change order for the generator that would
accommodate a date rather than a time length.
Cenex rate adjustment · The City and the Bond Counsel have reached a joint agreement to wait on this issue until
audited figures are available.
· Audit is scheduled to begin on the 2na of September.
· A resolution to make the adjustment should be completed by the end of September or the
first part of October.
· Bond counsel is being paid to write the resolution.
Park Maintenance District proposal / Street Maintenance District
· Since Resolution No. R03-89 was tabled, we do not have the ½-cent assessment in place
for the street maintenance district.
· Discussion regarding a resolution for the ½ cent assessment.
· The nature of the maintenance district is such that the city could raise the assessment with
a simple resolution.
o Technically, it could be done that way.
o Politically, it may not be the best method.
· Discussion regarding the need for communication and education.
o People complained about establishing a park maintenance district.
Council Workshop Minutes of August 26, 2003
O People complained about the lack of maintenance of streets.
· Raising the assessment would do more in the streets.
o Need a meeting to inform the public of what is necessary to repair and rebuild
streets and what the money will be used to accomplish.
· Public does not generally attend informational meetings.
o Another educational forum is needed.
· Need to disseminate less information more frequently.
o Forums:
· Laurel City Voice
· City of Laurel web site
· Others?
o Need to educate the public in order to get community suppor~ for increases.
· Public may have valuable input to offer.
· Discussion regarding the piece of equipment that the city sold.
o Oiler was purchased in the 1970's; equipment did not work effectively.
o Most cities, including the City of Billings, do not own similar equipment.
o Cities us~ qualified companies to do the work.
· Need to explain completed and future projects in the newsletter.
o Dollars were saved because the City of Laurel did prep work for the Cherry Hills
project last summer.
· Discussion regarding equipment and training.
Sign Code review · Mayor and council read and reviewed pages seven through ten of the sign code
ordinance.
· Discussion regarding non-conforming and legal non-conforming signs; common signage
plan; temporary and portable signs; political signs in vehicles; height of signs.
· Public hearing of the sign code is on the September 2"d council agenda.
· Review of the sign code will continue at the September 9a~ council workshop.
Attendance at the September 2na council meetin~ · All council members will be present.
Other
· AEM
o Mayor will get an update of AEM's findings soon.
o Safety issues need to be addressed.
· Attorney lawsuit
o City is in the process of responding.
The council workshop adjourned at 8:fi$ p.m.
Cindy Allcqg, Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion by the Council.
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