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HomeMy WebLinkAboutCity Council Minutes 07.20.1993Minutes of the City Council of Laurel July ZO, 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 July 20, 1993. Laurel, by Mayor COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Donna Kilpatrick Gay Easton Bob Graham Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of July 6, 1993, as presented, seconded by Alderman Collins. Motion carried 8--0. CORRESPONDENCE: Received a letter from Kevan Bryan, Yellowstone County Treasurer, requesting space in the Engineer's office at City Hall in order to establish a satellite motor vehicle office for the citizens of Laurel. Motion by Alderman Ehrlick to allow the Yellowstone County Treasurer space in the Engineer's office at City Hall to establish a satellite motor vehicle office, seconded by Alderman Graham. Motion carried 8--0. In regard to a question about phone lines, Kevan Bryan explained that this office would require a regular telephone line and the expense for this would be taken care of by the county. Kevan said he is not sure what the city wants to do with phone lines but he said that on occasion, throughout the day, the staff may need to call the assessor's office for an assessment and be able to receive calls from his office. They would like a line with a number that they can give out. It would not be used frequently but will be needed on a daily basis. Incoming calls will be made through the county switchboard at no expense to the city. The County will issue their employees a calling card for use when making calls from City Hall to the County. They are looking to open the office sometime in the month of September. It will be open from 8:00 a.m. to 5:00 p.m. on Tuesday, Wednesday and Thursday and they will close during the lunch hour~ the same as the Engineer's office, from noon until 1:00 p.m. They are going to start out processing titles for any cars purchased at Laurel Ford and Fichtner Chevrolet and depending on the volume generated with this~ they may open it up to other dealerships at a later date. Received a letter from the Department of Health and Sciences, Solid and Hazardous Waste Bureau, Solid regarding asphalt fill in High Point City Park. Environmental Waste program In regard to the asphalt fill at High Point park, the state requires that the city provide two feet of clean soil to mitigate potential future contamination. Dave Michael reported that there is clean dirt in Cherry Hills that he will have moved over in late September. Received a notice from the PSC regarding a general inquiry on its practice relating to open meetings. Received the 1992-93 yearly analysis from the Laurel Ambulance Service. ABANDON PORTION OF 5TH AVENUE - MATHIS SUBDIVISION: This being the time and place advertised, a public hearing was held. PROPONENTS: Randy Sorkness stated that this street separates two pieces of property and he feels that in order for either neighbor to keep their properties looking nice, they will have to maintain the area. They would feel better about doing this if they had ownership of the area. They have no problems with the city having an easement in this area. Minutes of the City Council of Laurel Page 2 Council Meeting of July 20, 1993 Jerry Klein agreed with Randy and stated if they know that they own it, they will take care of it. They are concerned about having a piece of land next to them that may only get mowed once a summer. Jerry said they have no problem with the access or the easement. Randy said that from his side, he could never build on this property because there is a utility line right next to his property line. Hazel Klein stated this would be a complement to both, rather than the city paying to maintain it. It would increase the tax base and they would actually be paying taxes to the city for it. At this time the council was directed to look at the Street and Alley Committee minutes from July 15, 1993. The committee made and passed a motion to keep the easement and let the property owners use it as they want. L.D. said the committee discussed that at some time or another, the city may need access to our property which is located on the other side of the ditch. All the city would need to do is install a bridge across the ditch and we would have access to it. In regard to a question, L.D. clarified the motion that was made in committee by saying the city would keep the roadway as it is now. The roadway belongs to the city and as long as they do not build on it, we do not care if they plant grass, mow it or do whatever. But, if we ever need it, we should be able to build a bridge and have access to our reservoirs on the other side. Ron Marshall stated that it is highly unlikely that the city would ever need it since we have another access to the reservoirs. L.D. agreed but said its ours if needed at some point in the future. It was stated that a water transmission line from the reservoir runs through this property. The city's easement on this property is 20 feet, but the width of the street is approximately 60 feet. There was discussion regarding the abandonment of other pieces of property in the city. Hazel asked what they can expect from the city regarding maintenance of this street. It was clarified that it is not going to be a street and L.D. said the city will not maintain it. The property owners can choose to plant grass and mow it if they want but if they do not do that, the city would treat it like any other property which may only get mowed once during the summer. A comment was made that this is basically what property owners do with their boulevards now. It is city property that the homeowners maintain and if they do not maintain it, they can be fined. Randy said that if this remains city property, would the city consider putting gravel in there. It was stated that this was discussed in committee and they felt that this might invite traffic in there that the homeowners do not want. Hazel asked if they could put gravel in there for their own access and could they rope it off? L.D. said they could put gravel in there and Dave said the city could put up a sign with a barricade stating that the street is closed. Randy questioned whether the city would provide some gravel and pack it down for them. It was stated that he would have to take that up with the Street and Alley Committee. It was street. stated that the city cannot simply put up a sign and close this It would have to be done by resolution and this would close to one side of these peoples property. Mrs. Sorkness stated that their plans call for a garage on the back and they plan on driving part way back to get to it. Bob Graham said that is why the council wants to leave it as it is and then if they want to do something with it they can go ahead and do it and the city's can keep it's nose out of it. Minutes of the City Council of Laurel Page 3 Council Meeting of July 20, 1993 Hazel asked what kind of documentation they could have to say that the city has given them permission to plant grass, water, mow or do whatever and that the public cannot drive vehicles on it? The Mayor said that we will have to go through legal counsel. The property owners need to have a definition of what they will use it for and then we can get legal advise. Lonnie Kellogg reminded the council that this is just a public hearing. The hearing can be closed and the council does not have to take any action on it until we get legal counsel. Norman Orr stated that if houses and have them face maintain the street. the property owners decided to turn their 5th Avenue, the city would then have to L.D. said this is a two way issue where the property owners could be forced to put in an SID for curb and gutters and other things. Hazel said she has no problem with maintaining the area but they would be maintaining something that is out there for public use. They have no control over what someone might do on it after they have put the time into makfng it nice. The city will get legal counsel on this matter and then a Street and Alley Committee meeting will be called to discuss the options. The property owners were asked to attend this meeting. This item will be on the agenda for the August 3rd council meeting. OPPONENTS The City Clerk did not receive any written protests. Motion by Alderman Graham to close the public hearing, seconded by Alderman Collins. Motion carried 8--0. END OF YEAR BUDGET TRANSFERS: RESOLUTION NO. 2655 BEING A RESOLUTION AUTHORIZING BUDGET TRANSFER OR REVISION Motion by Alderman Collins that Resolution No. 2655 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. ADOPT THE 1993-94 PRELIMINARY BUDGET & TAX RESOLUTIONS: A public hearing will be held on the preliminary budget on August 3rd. Notices will go to the Laurel Outlook next Wednesday on all the resolutions, except the SID's. A special council meeting will be held on August 9th to adopt the final budget. Motion by Alderman Marshall to adopt the preliminary budget, seconded by Alderman Graham. Motion carried 8--0. RESOLUTION NO. 2656 BEING A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSES FOR THE CITY OF LAUREL, MONTANA, FOR THE FISCAL YEAR BEGINNING JULY 1~ 1993 Motion by Alderman Collins that Resolution No. 2656 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. RESOLUTION NO. 2657 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN THE CITY OF LAUREL~ MONTANA, FOR SANDING, SNOW REMOVAL AND/OR PLOWING Motion by Alderman Graham that Resolution No. 2657 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. Page 4 Council Minutes of the City Council of Laurel Meeting of July 20, 1993 RESOLUTION NO. 2658 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHT NO. 2 OF THE CITY OF LAUREL, MONTANA, WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE YEAR, 1993-94 M__otion by Alderwoman Kilpatrick that Resolution No. 2658 be passed and adopted, seconded by Alderman Kellogg. Motion carried 8--0. RESOLUTION NO. 2659 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHTING NO. 3, OF THE CITY OF LAUREL, MONTANA, WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE FISCAL YEAR BEGINNING JULY 1~ 1993 Motion by Alderman Orr that Resolution No. 2659 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. RESOLUTION NO. 2660 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN STREET SWEEPING DISTRICT NO. 1~ OF THE CITY OF LAUREL, MONTANA~ FOR THE PURPOSE OF THE SWEEPING OF STREETS IN THE DOWNTOWN OR BUSINESS DISTRICT Motion by Alderman Marshall that Resolution No. 2660 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. RESOLUTION NO. 2661 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 94 OF THE CITY OF LAUREL, MONTANA~ WITH THE COST OF SANITARY WATER AND SEWER IN LAUREL INDUSTRIAL PARK Motion by Alderwoman Kilpatrick that Resolution No. 2661 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. RESOLUTION NO. 2662 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 98 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF CURB, GUTTER, PAVING, SIDEWALKI SANITARY SEWER AND WATER LINE IN NUTTING BROTHERS SUBDIVISION Motion by Alderman Marshall that Resolution No. 2662 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. RESOLUTION NO. 2663 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 100 OF THE CITY OF LAUREL, MONTANA~ WITH THE COST OF CURB, GUTTER~ PAVING, WATER & SEWER IN MOGAN SUBDIVISION Motion by Alderman Kellogg that Resolution No. 2663 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. Minutes of the City Council of Laurel Page 5 Council Meeting of July 20, 1993 RESOLUTION NO. 2664 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 102 OF THE CITY OF LAUREL, MONTANA~ WITH THE COST OF CURB, GUTTER, PAVING & STREET SIGNS IN WRITFIELD SHERIDAN SUBDIVISION Motion by Alderman Collins that Resolution No. 2664 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. RESOLUTION NO. 2665 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 109 OF THE CITY OF LAUREL, MONTANA1 WITH THE COST OF STREET PAVING1 CURB & GUTTER, DRIVEWAY, SANITARY SEWER & WATER IN MURRAY HEIGHTS SUBDIVISION Motion by Alderman Orr that Resolution No. 2665 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of July 6, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of July 6, 1993, into the record, seconded by Alderman Marshall. Motion carried 8--0. --City Council Committee of the Whole minutes of July 6, 1993 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of July 6, 1993, into the record, seconded by Alderman Collins. Motion carried 8--0. --City-County Planning Board minutes of July 8, 1993 were presented and reviewed. Motion by Alderwoman Kil~atrick to enter the City-County Planning Board minutes of July 8, 1993, into the record, seconded by Alderman Kellogg. Motion carried 8--0. --Garbage Committee minutes of July 19, 1993 were presented and reviewed. Motion b.v Alderman Graham to enter the Garbage Committee minutes of July 19, 1993, into the record, seconded by Alderman Ehrlick. In regard to a request for an adjustment on a garbage Hackmann, City Clerk, stated that the double charge to Wade was a billing error and it has been corrected. bill, Don Sanderson A vote was taken on the motion. Motion carried 8--0. --Laurel Communit~ Development Grant Committee minutes of June 24, 1993 were presented and reviewed. Motion ~ Alderman Easton to enter the Laurel Development Grant Committee, into the record, seconded by Ehrlick. Motion carried 8--0. Community Alderman --Parks Committee minutes of July 8, 1993 were presented and reviewed. Motion ~y_ Alderwoman Kilpatrick to minutes of July 8, 1993, into the record, Motion carried 8--0. enter the Parks Committee seconded by Alderman Orr. --Parks Committee minutes of July 15, 1993 were presented and reviewed. At the committee meeting, Ken Tolliver presented his proposals to improve the dedicated park which lies to the north of the subdivision. One thing he wanted to do was change the slope of the ditch that Page 6 Council Minutes of the City Council of Laurel Meeting of July 20, 1993 Lonnie Kellogg commented that if Ken Tolliver does the sloping of this ditch, he wants to use the top portion of the fill dirt and fill in some of the lower lots in the park. After thinking about this, Lonnie said Ken is making us a promise to develop the park but there is nothing to tie him down to it. Lonnie recommends that the city sell the top soil~ put the money in the park development fund and when he gets ready to put in play ground equipment, the funds would be available. This would ensure that some funds are available down the road. A vote was taken on the motion. Motion carried 8--0. --Public Utilities Committee minutes of July 12, 1993 were presented and reviewed. Mrs. Dietz, 202 Yellowstone~ requested an adjustment on average because of a leak that she had. The last two years average was $ 7.90 and it is now $ 25.46. her sewer Motion by Alderman Collins to adjust Mrs. Dietz's sewer average to $ ?.90, seconded by Alderman Marshall. Motion carried 8--0. Dave Michael reported to the committee that we need a sewer rate increase. He is proposing a 6% increase on the base rate and the usage or consumption rate. In regard to a question, Dave said this will amount to approximately 85 cents a month on an average bill. Motion by Alderman Graham to amend the minutes increase will affect both the base rate and the usage or rate, seconded by Alderman Ehrlicko Motion carried 8--0. to say the consumption Motion by Alderman Collins to enter the Public Utilities Committee minutes of July 12, 1993, into the record, seconded by Alderman Orr. Motion carried 8--0. --Street and Alley Committee minutes of July 15, 1993 were presented and reviewed. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of July 16, 1993, into the record, seconded by Alderman Marshall. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: The Police Committee will meet on Thursday, July 22nd at 8:00 p.m. TREASURER'S OFFICE IN LAUREL Ron Marshall stated that he was not aware of the county setting up an office downstairs until he read it in the Gazette. He asked Kevan Bryan if there was a reason for the secrecy. Kevan said there was no secrecy. He said they were working on it and asking things rather quietly at first because they did not know if they could get enough of the basic pieces together to make this office go. Once it all came together, they wanted input from the public so they announced it to the paper to get the word out. Bob Graham requested permission to leave the state from July 25th to August 8th. Motion by Alderman Orr to grant Bob Graham permission to leave the state, seconded by. Alderman Ehrlick. Motion carried 8--0. SALE OF OLD POLICE CAR: John Rosenberg stated that the Police 1979 Ford and the blue Dodge Charger~ police car, Chief would like to sell the pending the purchase of a new John said that last year when we purchased the new car the dealer only wanted to give us $ 400.00 for a trade-in and they feel the city can do better by going through a car auction. This was referred to the Police Committee. Minutes of the City Council of Laurel Page 7 Council Meeting of July 20, 1993 APPOINTMENTS: The Mayor hired Peggy Schram as Director of Public Works, effective August 16th. Motion by Alderman Orr to confirm the appointment Of Peggy Schram as Director of Public Works, seconded by Alderman Marshall. Motion carried 8--0. MAYOR'S COMMENTS: The Mayor stated that negotiations were finished last night and the final sign-off will be tomorrow night. After the contract is ratified by the union, it will come back to the council, hopefully by the next meeting on August 3rd. (Clerk's Note: The union will vote on August 4th and if they ratify the contract, the council will have a special meeting on August 9th to ratify the contract.) There being no further business to come before the council at this time, the meeting was adjourned at 8:10 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the Council of the City of Laurel, Montana, this 3rd day of August, 1993. ATTEST: Donald L. Hackmann, City Clerk CharleYs Rodgers,¢ Ma~,or