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HomeMy WebLinkAboutCity Council Minutes 07.06.1993Minutes of the City Council of Laurel July 6, 1993 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 Charles Rodgers at 7:00 p.m., on July 6, 1993. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Donna Kiipatrick Gay Easton Bob Graham Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by L.D. Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of June 15, 1993, as presented, seconded by Alderman Collins. Motion carried 8--0. CORRESPONDENCE: Received a letter from Cable T.V. regarding the "Must Carry" Retransmission Consent Rule. CLAIMS: Claims for the month of June were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kil~trick to approve all claims in the amount of $ 432,825.96 for the month of June, 1993, seconded by Alderman Orr. Motion carried 8--0. ZONE CHANGE - TRACT A, CERTIFICATE OF SURVEY NO. 2385: (A public hearing was held on the zone change for Tract A, Certificate of Survey No. 2385, at the June 15th council meeting. There were only five council members in attendance at the meeting and due to the written protest submitted to the Planning Board, the council needed the vote of at least six members to override the protest. Therefore, a motion was made to table any action until the July 6th council meeting.) Motion by Alderman Marshall to remove from the table the zone change on Tract A~ Certificate of Survey No. 2385, seconded by Alderman Easton. Motion carried 8--0. Joe Bradley stated that if you grant this zone change, Mr. Nussbaum is not bound to the particular plan that he showed at the last council meeting. He could build whatever he wants that fits into the zone. Cai Cumin recommended that the zone change be approved because he feels that what Mr. Nussbaum is proposing is the best deal the city will get. It is about half the density of what could be there. Cal would like to see Mr. Nussbaum prepare a subdivision plat and this would give the city a contract with the developer. All the fine points would be spelled out along with how he is going to fund it. In response to a question, Cal said it would take at least two months to get the subdivision plat. It was stated that Mr. Nussbaum could build a single family dwelling right now and all he would have to do is get a building permit. Cal said Mr. Nussbaum agreed to take the sewer south instead of west, if he can get permission from the land owners. Cal said this would be part of the subdivision plat along with particulars about the water, sewer, storm drain, who would take care of the park land, access, garbage cans and so forth. Cal said the zone change should be tied to the subdivision plat. The council can approve the zone change sub3ect to the plat and when the plat is approved, the zone change would go into effect. Minutes of the City Council of Laurel Page 2 Council Meeting of July 6, 1993 More discnssion followed regarding aspects of the subdivision plat. Cal said the council will have final approval of the subdivision plat. Motion by Alderman Graham to have Joe Bradley draw up an ordinance for the zone change, subject to final approval of the subdivision platy seconded by Alderman Orr. Motion carried 8--0. PROHIBITING U-TURNS ON CERTAIN CITY STREETS: ORDINANCE NO. 1079 {second reading) PROHIBITING U-TURNS ON CERTAIN CITY STREETS Public Hearing: No comments. Motion by Alderman Marshall to close the public hearing, seconded by Alderman Collins. Motion carried 8--0. Motion by Alderman Marshall that Ordinance No. 1079 {second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. INTENT TO VACATE A CERTAIN STREET IN MATHIS SUBDIVISION: RESOLUTION NO. 2653 RESOLUTION OF INTENT TO DISCONTINUE AND ABANDON A CERTAIN DESCRIBED PORTION OF A CITY STREET Motion by Alderman Orr that Resolution No. 2653 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. This resolution of intent is to vacate 5th Avenue between West 14th Street and the Highline Ditch, between Blocks 3 and 4 in Mathis Subdivision. RESOLUTION DECLARING IT UNNECESSARY TO HOLD A PRIMARY ELECTION: RESOLUTION NO. 2654 A RESOLUTION DECLARING IT UNNECESSARY TO HOLD A PRIMARY ELECTION FOR THE OFFICES OF CITY TREASURER, CITY JUDGE, MAYOR, AND FIVE (5) ALDERMEN IN THE CITY OF LAUREL ON SEPTEMBER 14, 1993 Motion by Alderman KellogJ~ that Resolution No. 2654 be passed and adopted, seconded by Alderman Orr. COMMITTEE REPORTS: --Budget/Finance Committee minutes and reviewed. Motion carried 8--0. of June 15, 1993 were presented Motion by Alderwoman Kilpatrick to Committee minutes of June 16, 1993, into Alderman Collins. Motion carried 8--0. enter the Budget/Finance the record~ seconded by --Budget/Finance Committee minutes of June 23, 1993 were presented and reviewed. Motion by Alderwoman Committee minutes of June Alderman Orr. Kilpatrick to enter the Budget/Finance 23, 1993~ into the record, seconded by Motion by Alderman Graham to amend a motion in the minutes to read sewer rate instead of sewer revenue, seconded by Alderman Marshall. Motion carried 8--0. At this time a vote was taken on the original motion. Motion carried 8--0. Minutes of the City Council of Laurel Page 3 Council Meeting of July 6, 1993 --City Council Committee of the Whole minutes of June 15, 1993 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of June 15, 1993, into the record, seconded by Alderman Graham. Motion carried 8--0. --Garbage Committee minutes of June 21, 1993 were presented and reviewed. Motion by Alderman Graham to enter the Garbage Committee minutes of June 21, 1993, into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --Laurel Airport Authority minutes of May 25, 1993 were presented. Motion by Alderman Orr to enter the Laurel Airport minutes of May 25, 1993, into the record, seconded by Collins. Motion carried 8--0. Authority Alderman --Laurel City-County Planning Board minutes of June 10, 1993 were presented and reviewed. Motion by Alderman Collins to enter the Laurel City-County Planning Board minutes of June 10, 1993, into the record, seconded by Alderman Kellogg. Motion carried 8--0. --Street and Alley Committee minutes of June 17, 1993 were presented and reviewed. Discussion regarding the low spot along 12th Street and Fairview Lane. It was stated that in order to start an SID in this area, two more lots need to be sold. Until this happens, the committee feels that if the city hauled in three or four loads of gravel in the low spot, it would direct the excess water to a spot where it can flow across 12th Street. Motion by Alderman Collins to have the city dump gravel in a low spot along 12th Street until an SID can be formed, seconded by Alderman Marshall. Motion carried 8--0. Motion by Alderman Collins to enter the Street and Alley Committee minutes of June 17, 1993, into the record, seconded by Alderman Ehrlick. Chuck Dickerson asked who would be responsible for putting in a valley cut across 12th Street. He feels it is the responsibility of the city or county, whichever one put in 12th Street and that it should not be a part of the SID when it is formed. More discussion regarding the process the homeowners would have to go through to form an SID. It was stated that an engineering study would have to be done and this would need to be approved by the city engineer. At this time a vote was taken on the motion. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: 4TH OF JULY ACTIVITIES Pat Krug, representing the Laurel Jaycees, came before the council to ask permission to reconstruct the 4th of July activities. They would like to hold all the activities on Saturday, July 10th. They would start with the pancake breakfast at Firemen's Park from 7:00 to 11:00 a.m., followed by the kiddie parade at 12:30 p.m. and the main parade at 1:00 p.m. They would like to sell beer at Thomson Park from 2:00 p.m. to midnight with music being provided from 4:00 p.m. until the fireworks start. The dance and the sale of beer would take place within the fenced area of the tennis courts. Bob Graham brought up a concern regarding the possible damage to the tennis courts from having a dance on them. He stated that the courts were in bad shape and the city just had them repaired. Minutes of the City Council of Laurel Page 4 Council Meeting of July 6, 1993 Pat stated that there are only a handful of people who actually dance at these dances. The majority of the people just stand around visiting and drinking beer. Another individual from the Jaycees stated that they will have more control over who they sell beer to if it is done within the confines of the tennis courts. The Mayor suggested that the Jaycees fence from each end of the tennis courts over to the ballfield fence for a beer stub area and keep the tennis courts for dancing so the teenagers could also enjoy dancing. Pat and another lady responded by saying that the times they have tried to have family dancing, they received a lot of complaints of under age drinking. For insurance and control purposes, they have found that it is much easier just to keep the activity for anyone over 21 years of age. Motion by Alderman Collins to allow the Jaycees to hold a dance in Thomson Park, seconded by Alderman Ehrlick. Motion carried 7--1 with Alderwoman Kilpatrick voting, "NO". Darrell McGillen requested permission to hold the fireworks display on Saturday, July 10th. Motion by Alderman Ehrlick to grant permission for the display to be held on Saturday, July 10th, seconded by Graham. Motion carried 8--0. fireworks Alderman Darrell, on behalf of the Laurel Chamber of Commerce, requested permission to hold the parade on July 10th. The route will be the same a previously requested. Motion by Alderman Ehrlick to grant permission for a parade to be held on Saturday, July 10th, seconded by Alderman Marshall. Motion carried 8--0. RESPONSIBILITY FOR STREET REPAIR Chuck Dickerson asked whose responsibility it is to repair the street when it is dug up for utility hookups. It was stated that it is the contractor's responsibility and the city oversees the contractor. Chuck stated that there is a lot of construction going on in his area and one of the streets now has a two foot drop in it. The original gravel has been removed with a grader and there is just dirt left, so the whole area is muddy. L.D. stated that he checked on this and a contractor has to put in two feet of compacted sand and gravel road mix to finish off the top. It doesn't matter what he uses underneath. More discussion regarding this and Dave said the contractors have to follow the same guidelines that the city does when repairing a street. In regard to this area, Dave said he will have someone putting gravel in it tomorrow. MILLER SEND-OFF CELEBRATION Will Jackson, with Triple Line Adventures, stated he is trying to organize a send-off celebration and fund raiser for Greg Miller on his Gulf of Mexico river trip. He is requesting permission to cater food and beverages at Riverside Park on Sunday, July llth starting at 1:00 p.m. They will quit in time to get things cleaned up before dark. Will said this will be a joint effort between Gateway House in Billings and his group, with the proceeds being split between the two groups. Will said there will be no alcohol sold to the public at this event and as of this time, there will be no live music. Will said they may need a couple of large garbage cans for cleanup. Motion by Alderman Graham to grant permission for the send-off celebration and fund raiser event at Riverside Park on July llth, seconded by Alderman Collins. Motion carried 8--0. Minutes of the City Council of Laurel Page 5 Council Meeting of July 6, 1993 CIRCUS Darrell McGillen updated the council regarding the upcoming circus, sponsored by the Laurel Chamber of Commerce, which will be held on July 20th. They have met with the police department regarding parking and the disbursement of people after the performances. The Chamber is requesting use of one of the city's 40 yard containers for garbage. They would like the container delivered to the site and they will pay for the collection of garbage. They are also requesting that a water meter be set on one of the fire hydrants to provide the circus with adequate water for their needs. The Chamber will cover the cost of this also. Bob Graham stated that he feels there should be no charge for the garbage dumpster since it will benefit the town to have it there. He did agree that the Chamber should pay for the metered water. Motion by Alderman Graham to charge the Chamber of Commerce for the metered water but not to charge them for the garbage dumpster~ seconded by Alderman Collins. Motion carried 7--1 with Alderman Marshall voting, "NO". CHILI COOK OFF Donna Kilpatrick reported that the chili cook-off scheduled for July 3rd was rained out and it has been rescheduled for July 31st, which is Crazy Days in Laurel. Motion by Alderman Collins to allow the rescheduling of the chili cook-off in Firemen's Park for July 31st, seconded by Alderman Orr. Motion carried 8--0. The Mayor wished everyone a safe and happy July lOth! There being no further business to come before the council at this time, the meeting was adjourned at 8:00 p.m. Sharon Herman, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 20th day of July, 1993. Charles Rodgers, ~fa.~r ATTEST: Donald L. Hackmann, City Clerk