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HomeMy WebLinkAboutCity Council Minutes 05.18.1993Minutes of the City Council of Laurel May 18, 1993 A regular meeting of the City Council of the City of Montana, was held in the Council Chambers and called to order Charles Rodgers at 7:00 p.m., on May 18~ 1993. Laurel, by Mayor COUNCIL MEMBERS PRESENT: Donna Kilpatrick Albert Ehrlick L.D. Collins Gay Easton Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: Bob Graham Norman Orr INVOCATION: Invocation was given by Father Gorman. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of May 4, 1993, as presented, seconded by Alderman Collins. Motion carried 6--0. CORRESPONDENCE: Received a memo from the Secretary of State regarding the June 8th Special Election. Received a memo from the Montana Department of Transportation regarding our gas tax allocation for 1993-94. Received a notice from the Water Quality Bureau regarding changes in the SWTR, effective June 29, 1993 and a workshop in Havre on May 18th and 19th. Received a letter from the McCone County Extension agent regarding a Solid Waste Management Conference in Circle on June llth. Received a letter from the Montana Department of Commerce, Building Codes Bureau regarding the required use of design professionals. Received a letter from Public Employees' Retirement Division regarding HB 517 - PERS Retirement Incentive Program. Don Hackmann briefly explained the retirement incentive program to the council. It is mandatory for state and university system employers to take part in the program but local governments have the option of whether or not they want to participate. Donna Kilpatrick stated it was discussed at the Committee meeting and they recommended that the City participate in this program. Budget/Finance of Laurel not Ron Marshall commented that this program may be effective in state government where they are overloaded with people and are looking for a reduction in their work force. In Laurel's situation, we have about the right number of people and we are not looking to terminate employees, so the program would not be to our benefit. Motion by Alderwoman Kilpatrick to not participate in the PERS Incentive Retirement Program, seconded by Alderman Marshall. Motion carried 6--0. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of April were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of April, 1993, be approved, seconded by Alderman Collins. Motion carried 6--0. HERBSTFEST PARADE: Kerwin Kostelecky distributed and read a letter addressing all the requests that the Herbstfest Board would like the council to approve. The requests are in regard to the Bierstube and dance floor, street closure, parade route, garbage containers, artificial flowers, mule and horse pack team in the park, and the miniature MRL train inside the American Legion baseball field. Minutes of the City Council of Laurel Page 2 Council Meeting of May 18, 1993 Motion by Alderwoman Kilpatrick to approve the requests addressed in the letter from the Herbstfest Board and presented by Kerwin Kostelecky, seconded by Alderman Easton. In regard to a question about the location of the mule and horse teams, Lynette Perkins, Herbstfest Board Chairman, stated they will be located on just a portion of the graveled parking lot on the west side of the American Legion ballfield. The remainder of the lot will be used for parking. In regard to garbage pickup, Jim Worthington stated this is the same request as last year and we do not bill them for the pickup. Discussion regarding the miniature train in the American Legion ballfield. It was stated that this request went through the Parks Committee and Jim will be with the persons who are setting up the track to make sure it is set in a way that the underground sprinklers are not damaged. L.D. Collins inquired whether the Herbstfest Board has insurance to cover the event and if the city is named on the policy. Lynette stated they have insurance but she has not seen the City of Laurel's name on the policy. This was discussed last year and Joe said it was the recommendation of the city that we be named as co-insured on the policy. When this is done~ the city needs a copy of the policy. Lynette said she will check into this. A vote was taken on the motion. Motion carried 6--0. DAVID SMITH, FIRST BAPTIST CHURCH - BALL DROP: David Smith, Pastor of the First Baptist Church, distributed a letter and addressed the council regarding their annual Vacation Bible School that will be held during the week of June 7th through the llth. They would like to conduct an airplane ball drop on Friday, June llth at noon at the West Elementary School playground for 200-300 children. They would drop approximately 500 ping pong size plastic balls from a 1949 piper cub airplane flown by a pilot from Billings, Mr. Leroy Monson. If the council approves this, Mr. Monson would then seek permission from the FAA for altitude exception. David said he is starting with the council to see if they would allow this. Then he needs to seek permission from the school district and if they do not want it at the school, they would try to find another area, Chuck said IGA held a ball drop for two or three years with no problems other than people crowding each other in the rush to pick up the balls. Motion by Alderman Kellogg to grant the First Baptist Church permission to hold a ball drop on Friday, June llth, seconded by Alderman Marshall. Joe Bradley asked David if he understands that the council's approval is pending approval from the school district. David said he understood this and he will go to them now, based on this decision by the council. In regard to a comment about this being in a residential area, David said the pilot needs to have almost a dead air space to calculate where to drop the balls so they land in the designated area. If there is wind of any kind the pilot will not do it because he does not want to risk dropping them in peoples' yards or blowing all over the place. If they cannot get the school's property and end up using the lot beside their property, Mike Atkinson suggested that the police be notified and have 8th Avenue closed for the time it takes to drop and collect the balls. This way, if there are stray balls that fall in the street, there would be no chance of injury to a child who might go after the balls. A vote was taken on the motion. Motion carried 6--0. Minutes of the City Council of Laurel Page 3 Council Meeting of May 18, 1993 David stated that their theme this year is a patriotic one and in conjunction with this, they would like to have a military all terrain vehicle brought to their property. He was wondering if they needed any special type of permission to do this. Chuck said the only problem would be with a vehicle that would be so equipped that it might tear up the pavement. David would need to work with Jim Worthington on this. David requested a copy of the minutes to give Mr. Monson so he can pursue permission from the FAA. BID OPENING - REMODELING OF OLD LIBRARY BUILDING: This being the time and place advertised, the only bid received was opened. HC Construction David Holycross 1008 East 6th Street Laurel MT 59044 Total bid of all items #1 through #10 ..... $ 20,009.51 The bid was referred to the Building Committee for a recommendation. Jim Worthington commented that this bid is for the work that he presented to the council two weeks ago. It includes all of the items he talked about but it does not include the roof. No repairs were done after the hail storm two years ago because we were waiting until we get the extension completed on the north end of the building, which is part of the construction that we just let. The roof will come out of money that has already been paid to us. 4TH OF JULY PARADE: Darrell McGillen, on behalf of the Laurel Chamber of Commerce, is requesting permission to hold the annual parade on Sunday, July 4th. They would like to change the parade route due to problems with it starting on the east end of town. The Police Reserve have commented that it is difficult to line up the parade because of the incoming traffic from Billings which uses East Main Street when coming into Laurel. In light of this and the fact ghat the parade never goes by the business clientele on the west end of town, they have decided to start the parade on the west end of town. The line up will be done at Wood's Powr Grip with the parade traveling east on Main Street, north on Colorado Avenue, west on East First Street, north on First Avenue, west on West 7th, north on 3rd Avenue, east on West 9th Street into the high school parking lot where it will disband. Motion by Alderman Ehrlick to grant the request for the above mentioned parade route with the parade to be held on Sunday, July 4th at 1:00 p.m., seconded by Alderman Marshall. Mike Atkinson did not feel it would be a problem having the parade follow this route. In regard to a comment that there Darrell stated this will be on a we will change it back next year. would be a lot of confused people, trail basis and if it doesn't work, A vote was taken on the motion. Motion carried 6--0. For the theme of the parade this year, the committee went to the Middle School and asked the kids in Mr. Bayne's historical class to come up with a theme. Mr. Bayne took on the project and gave his students extra credit to submit a theme. The winning entry was submitted by Lisa Perrigo and the theme will be "Stand Proud and Free in '93." Lisa will receive a $ 50.00 savings bond from the Chamber of Commerce and will also be junior parade marshal. Minutes of the City Council of Laurel Page 4 Council Meeting of May 18, 1993 CHAMBER OF COMMERCE CIRCUS: Darrell McGillen, on behalf of the Chamber of Commerce, stated they will be hosting a traveling circus in Laurel on Tuesday, July 20th. This is the largest open air, big tent circus in the world with the tent alone covering 18,000 square feet. The circus representatives came through Laurel last year and stated they will be in Livingston and had planned to be in Billings at Metra Park but because of the run around in Billings, they came back to Laurel and asked us if we wanted to host it instead. They will have two performances, one at 2:00 p.m. and the other at 8:00 p.m. If ticket sales prevail~ Darrell said there will be a third performance at 6:00 p.m. This is a five ring circus with live animal acts that include 12 tigers and 22 elephants. The circus will be held on private property on South Washington, between Boise Cascade and South Washington Avenue. Insurance policies have already been obtained and the City of Laurel is named on them. Darrell will provide the city with copies. Darrell said their main objective in hosting the circus is to generate traffic to Laurel. With the circus coming, the Chamber's goal was to obtain enough sponsorship fees to give every elementary child in kindergarten through fifth grade a free pass to the circus. The tickets will be distributed in the children's report cards at the end of this school year. Darrell said that when it comes down to the final preparations, they will need at least a 30 yard garbage container, they will have to supply fresh water and they have already contacted the water carriers in Laurel for this and they will need police control from the reserve officers. They are not far enough along to ask for these things tonight but they will do so when plans are more definite. Parking arrangements have been made on private property located in this same area. They will work with the police department to decide what is the best way to direct the flow of traffic. The circus will purchase a business license. Motion by Alderman Kellogg to grant the Chamber of Commerce permission to hold a circus on July 20th, seconded by Alderman Ehrlick. Motion carried 6--0. TRANSFER FUNDS: This is a transfer of funds from SID #108 Bond Sinking Fund to SID Revolving Fund. RESOLUTION NO. 2648 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderwoman Kilpatrick that Resolution No. 2648 be passed and adopted, seconded by Alderman Collins. Motion carried 6--0. SPECIFYING TIMES OF CERTAIN PARKING LIMITATIONS: ORDINANCE NO. I077 (first reading) AMENDING SECTION 10.52.010~ LMC, SPECIFYING THE DAYS AND TIMES OF THE WEEK DURING WHICH CERTAIN PARKING LIMITATION ORDINANCES IN CHAPTER 10.52 SHALL APPLY Motion ~ Alderman Marshall that Ordinance No. 1077 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES" Motion carried 6--0. Minutes of the City Council of Laurel Page 5 Council Meeting of May 18, 1993 FOUR-HOUR PARKING ON CERTAIN STREETS: ORDINANCE NO. 1076 (second reading) AMENDING SECTION 10.52.0601 FOUR-HOUR PARKING ON CERTAIN STREETS Public Hearing: No comments. Motion by Alderman Kellogg to close the public hearing, by Alderman Marshall. Motion carried 6--0. seconded Motion by Alderman Kellogg that Ordinance No. 1076 (second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 6--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of May 4, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to Committee minutes of May 4; 1993, into Alderman Marshall. Motion carried 6--0. enter the Budget/Finance the record, seconded by --Budget/Finance Committee minutes of May 11, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of May 11~ 19937 Alderman Ehrlick. Motion carried 6--0. to enter the Budget/Finance into the record~ seconded by --Budget/Finance Committee minutes of May 17, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of May 17, 1993, Alderman Ehrlick. Motion carried 6--0. to enter the Budget/Finance into the record, seconded by --City Council Committee of the Whole minutes of May 4, 1993 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of May 4, 1993, into the record, seconded by Alderman Kellogg. Motion carried 6--0. --City-County Planning Board minutes of April 29, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the City-County Planning Board minutes of April 29, 1993, into the record, seconded by Alderman Collins. Cal Cumin reported the the Planning Board recommended approved of the Majestic Subdivision Plan for the County Commissioners. Cal said they also discussed subdivision laws. The last legislature changed subdivision laws which will give local planning boards a lot more activity because they will be reviewing almost every land subdivision from here on out. It use to be done by surveyors but they cannot do it anymore unless it is over 160 acres and 99% of them are smaller than this. Cal said the board needs to address the review procedures for handling these. Cal said there was discussion about what constitutes a mobile home and this will be discussed further at the June meeting. The Panning Board set a public hearing for the ISTEA applications on June 10th and will make a recommendation to the council after the hearing. A vote was taken on the motion. Motion carried 6--0. Minutes of the City Council of Laurel Page 6 Council Meeting of May 18, 1993 --Garbage Committee minutes of MaY 17, 1993 were presented and reviewed. Motion by Alderman Ehrlick to enter the Garbage Committee minutes of May 17, 1993, into the record, seconded by Alderman Easton. Motion carried 6--0. Discussion regarding the illegal use of our garbage cans by county residents who dump their trash in them. Also, discussion regarding the city's exclusive right to garbage pickup. --Grant Committee minutes of April 29, 1993 reviewed. Motion by Alderman Easton of April 29, 1993, into the Motion carried 6--0. --Laurel Airport Authority and reviewed. were presented and minutes Collins. presented to enter the Grant Committee record, seconded by Alderman minutes of April 27, 1993 were Motion by Alderwoman Kilpatrick to enter the Parks minutes of May 13, 1993, into the record, seconded by Collins. Motion carried 6--0. Committee Alderman Discussion followed regarding the list of swimming pool personnel listed in the minutes. Mike Atkinson suggested that in the future, the list of applicants be run through the police department to alleviate any potential problems before they arise with personnel. THOMSON PARK CONCESSION STAND: RESOLUTION NO. 2649 A RESOLUTION APPROVING AN AGREEMENT FOR USE OF THOMSON PARK CONCESSION STAND Motion by Alderwoman Kilpatrick that Resolution No. 2649 be passed and adopted, seconded by Alderman Marshall. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: Cai Cumin stated a public hearing was held at the Planning Board meeting earlier tonight to consider a zone change from R7500 to R6000 on Tract A, Certificate of Survey 2385. The Planning Board is requesting that the council schedule a public hearing to review the zone change. They would like the hearing to be held at the June 16th council meeting. Motion by Alderwoman Kilpatrick to hold a public hearing on the zone change at the council meeting on June 15, 1993, seconded by Alderman Collins. Motion carried 6--0. ANNEXATION OF LOTS - MATHIS SUBDIVISION: In regard to the annexation of lots in Mathis Subdivision, no protests were received by the City Council. An ordinance of annexation will be on the agenda for the June 1, 1993 council meeting. A member of the audience stated that ownership has passed on these lots, as of yesterday. Original letters of intent to contract out the services were signed and turned in by all parties. Joe said the city wanted the property owners to commit to installing the improvements at their own cost. The signed originals say they will hire Western Pump to do this at their own cost, upon annexation. --Parks Committee minutes of May 13, 1993 were presented and reviewed. Motion by Alderman Kellog~ to enter the Laurel Airport Authority minutes of April 27, 1993, into the record, seconded by Alderman Collins. Motion carried 6--0. Page 7 Council Minutes of the City Council of Laurel Meeting of May 18, 1993 APPOINTMENTS: The Mayor appointed Ryan Yeager as an ambulance attendant. EMT certification. He has his Motion by Alderman Kellogg to confirm the Mayor's appointment of Ryan Yeager as an ambulance attendant, seconded by Alderman Collins. Motion carried 6--0. MAYOR'S COMMENTS The Mayor proclaimed May 28th as poppy day in Laurel, Montana. He hopes everyone will support the veterans. The Mayor stated the budget still has a long way to go. He estimated it will be late June before they are actually done with it. The city crews are out patching around town but there is a long way to go with that. Chuck said we hope to have the cemetery in shape by Memorial Day but we are late because the water was not turned into the ditch when we thought it was going to be. Things got a little dry and this creates problems for us. DEE MCLELLAND - PROPERTY EASEMENT Dee McLelland who owns property south of East Maryland Lane and west of Alder Avenue, stated that when East Maryland Lane was opened up and paved, there was never an easement from her property. Dee said she owns to the middle of road. She has come to Jim Worthington and asked why the city doesn't buy it. She said Jim wants her to survey it off and deed it to the city. She said she could close off half of East Maryland Lane. She went to the county and her property adjoins Mr. Nusbaum's and his is the same way, to the middle of the road. Dee said the people on the north side gave a dedicated 30 feet if the road was ever to be opened up. When the nursing home was to go in, there was suppose to be an easement there. When Dee got her plans surveyed, they caught the error. There is no easement anywhere. Mr. Nusbaum and Dee are paying to the middle of the road. She would like someone to come up with some kind of answer. Are they going to close off the road or are they going to pay for the road? She is paying taxes to the middle of the road. On the question of liability, who is responsible if someone is injured? Dee said that before the road was opened up, some kids went through there and went in the ditch and they tried to sue her mother-in-law. Jim Worthington said he discussed this last week with Dee and got the attorney's name from her but he has not had the opportunity to meet with him yet. Dee said to get a She said they talked about it a year ago with Jim Logan when she had road approach from the county. They had a big fight over it. she just wants it resolved. More discussion followed and it was determined that Dee's part is in the county and she has to go to the County Commissioners. Mr. Nusbaum's part is in the city and this was referred to the Street and Alley Committee which will meet Thursday, May 20th at 5:00 p.m. at city hall. ALTERNATE SOURCE OF POWER Lonnie Kellogg stated that a while back the city discussed an alternate source of power for the water plant because the Fire Department is going to request, at some time, a fire class rating. One of the conditions of this rating is that we will need an alternate source of power. He questioned whether anything has been done about this. Jim Worthington stated we have done some work on it. Montana Power is running new lines from a substation in Billings to the refinery to provide additional power to Cenex. They are in the process of getting easement right-of-ways now and we are working with them on it. Minutes of the City Council of Laurel Page 8 Council Meeting of May 18, 1993 UNDERPASS DRAIN In regard to the drain in the underpass, Lonnie said the state cleaned out the drain a couple of weeks ago but the drain itself is still full of water. It has gone down one inch in the last month and he feels they need to be made aware of it. Jim said that is the water table of the area and it will not go down any lower. When the water gets above the water table, it will force the water into the drains. The water table elevation is one inch below the grates of those two inlets. The state flushed the line out clear down to the manhole behind Hardee's. The line does not have any sediment in it now but the entire system, all the way to the river, is floating on the ground water table. Jim said that is why it takes a period of time for the underpass to drain out after a rain storm. Jim said we worked with the highway department last year and three different studies were made. They were going to have a contractor replace the entire line or go in at the manhole behind Hardee's and run a pump line to our storm sewer system on Railroad Street. These proposals are still valid but nothing has been done. There being no further business to come before the council at this time, the meeting was adjourned at 8:18 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the city of Laurel, Montana, this 1st day of June, 1993. ATTEST: Donald L. Hackmann, City Clerk