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