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HomeMy WebLinkAboutCity Council Minutes 05.05.1992Minutes of the City Council of Laurel May 5, 1992 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 Chuck Rodgers at 7:00 p.m., on May 5, 1992. COUNCIL MEMBERS PRESENT: Norman Orr Gay Easton L.D. Collins Albert Ehrlick Lonnie Kellogg Bob Graham Ron Marshall Donna Kilpatrick 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 April 21, 1992, as presented~ seconded by Alderman Orr. Motion carried 8--0. CORRESPONDENCE: Received a report about a meeting held April 22, 1992, regarding the new Women's Prison. Received a memo from the Montana League of Cities and Towns regarding league dues. Received a letter from Andy Forsythe, Attorneys Construction and the Wastewater Treatment Plant. regarding Volk Received a copy of a letter Andy Forsythe, Attorney, Wastewater Treatment Plant. to David Schachterle, EPA Counsel, from regarding Volk Construction and the Received a certified letter from Richard Barnhardt of Richard's Repair and Second Hand Store, regarding discrimination. In regard to a question about Richard Bernhardt's letter, Joe Bradley said he does not intend to make a reply. The City's insurance carrier has been notified that there is a lawsuit threat. The City will wait to see what Richard does. CLAIMS: Claims for the month of April were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve the claims in the amount of $ 359,709.74 for the month of April~ 1992, seconded by Alderman Orr. Motion carried 8--0. HERBSTFEST COMMITTEE PLANS: Kerwin Kostelecky~ Herbstfest Board of five requests they would like the as follows: member, presented a written list council to consider and they are Use of the north side of Thomson Park for the Bierstube. The tent would be set up the evening of September 24th and taken down the evening of the 27th. Closure of East 8th Street from First Avenue to the alley east of the High School from Friday, September 25th at 4:00 p.m. until Sunday, September 27th at 10:00 p.m. Permission for a parade on September 26th at 10:00 a.m. It would start on Wyoming Ave., south to Main Street, west to First Avenue, north to 6th Street, west to Third Avenue, north to Ninth Street, and east to the High School parking lot where the groups will disperse. Request for 16 additional garbage cans with eight to be placed behind the High School, four by the Bierstube tent and four on the North School lot. They request garbage pickup on both Saturday and Sunday, September 26th %nd 27th. 5 They would like to have the artificial flowers that the city Minutes of the City Council of Laurel Page 2 Council Meeting of May 5, 1992 In regard to the flowers, it was stated that all flowers that are not in vases or containers in the headstones are removed for mowing purposes and kept in the shed at the cemetery. Jim Worthington stated the committee is asking for the ones that are removed this year. Residents of the community are notified in the newspaper regarding the date that the flowers will be removed. This year flowers will be removed on June 1st. Motion by Alderman Collins to approve the Herbstfest Committee's requests, as presented, seconded by Alderwoman Kilpatrick. Motion carried 8--0. STRAY ANIMALS AS A NUISANCE: ORDINANCE NO. 1036 (first reading) AMENDING SECTION .6.16.030, OF THE LAUREL MUNICIPAL CODE, TO DECLARE STRAY ANIMALS TO BE A PUBLIC NUISANCE Joe Bradley stated that the Police Department has been handing out cat traps to people who have felines that are invading their territory but we do not have anything in the ordinances to support this. We are adding a subsection to define what constitutes a nuisance. Joe said we are considering that the person sign an agreement stating that if they trap a cat, it becomes their responsibility to dispose of it properly to the Humane Society or the Animal Welfare League. In regard to a question about liability, Joe did not feel there would be a problem since we have defined what constitutes a nuisance. Motion by Alderman Kellogg that Ordinance No. 1036 (first reading) be passed and adopted, seconded by Alderman Marshall. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. PUBLIC HEARING - ORDINANCE NO. 1028 - NO. 1035: One public hearing was held for Ordinance No. 1028 thru Ordinance No. 1035. There being no comments, the hearing was closed. Motion by Alderman Marshall to close the public hearing, seconded by Alderman Kellogg. Motion carried 8--0. PERMITS FOR LOADING & UNLOADING: ORDINANCE NO. 1028 (second reading) ADDING SECTION 10.48.095 TO THE LAUREL MUNICIPAL CODE, REQUIRING PERMITS FOR LOADING AND UNLOADING Motion by Alderman Graham to amend the fee charged for the permit to $ 50.00, seconded by Alderman Collins. Motion carried 8--0. Motion by Alderman Kellogg that Ordinance No. 1028 (second reading) be passed and adopted, as amended, seconded by Alderman Collins. A roll call vote was taken and all aldermen voted~ "YES". Motion carried 8--0. PARKING IN ALLEYS PROHIBITED: ORDINANCE NO. 1029 (second reading) AMENDING SECTION 10.48.100 OF THE LAUREL MUNICIPAL CODE~ PARKING IN ALLEYS PROHIBITED WHEN, TO INCLUDE SECTION C Motion by Alderman Marshal]. that Ordinance No. 1029 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. Page3 Minutes of the City Council of Laurel Council Meeting of May 5, 1992 FREIGHT LOADING ZONE RESTRICTIONS: ORDINANCE NO. 1030 (second reading) AMENDING SECTION 10.48.150 OF THE LAUREL MUNICIPAL CODE, FREIGHT LOADING ZONE - RESTRICTIONS, TO INCLUDE SECTION C Motion by Alderman Graham that Ordinance No. 1030 (second reading) be passed and adopted, seconded by Alderman Kellogg. A roll call vote was taken. Motion carried 7--1 with Alderman Orr voting, "NO". PASSENGER LOADING ZONE RESTRICTIONS: ORDINANCE NO. 1031 (second reading/ AMENDING SECTION 10;48.140 OF THE LAUREL MUNICIPAL CODE, PASSENGER LOADING ZONE RESTRICTIONS, TO INCLUDE SECTION C Motion by Alderman Graham that Ordinance No. 1031 (second readingJ be passed and adopted, seconded by Alderman Kellogg. A roll call vote was taken. Motion carried 7--1 with Alderman Orr voting, "NO". ANNUAL FEE FOR TAXICABS: ORDINANCE NO. 1032 (second reading) AMENDING SECTION 5.40.030 OF THE LAUREL MUNICIPAL CODE, ANNUAL FEE FOR TAXICABS Motion by Alderman Kellogg that Ordinance No. 1032 (second reading) be passed and adopted, seconded by Alderman Orr. A roll call[ vote was taken and all aldermen voted, APPLICATION PROCEDURE: "YES". Motion carried 8--0. ORDINANCE NO. 1033 (second reading) AMENDING SECTION 5.40.040 OF THE LAUREL MUNICIPAL CODE, APPLICATION PROCEDURE Motion by Alderwoman Kilpatrick that Ordinance No. 1033 reading) be passed and adopted, seconded by Alderman Marshall. call vote was taken and all aldermen voted, "YES". Motion 8--0. APPLICANT TO BE INVESTIGATED: ORDINANCE NO. 1034 (second reading) AMENDING SECTION 5.40.050 OF THE LAUREL MUNICIPAL CODE, APPLICANT TO BE INVESTIGATED (second A roll carried LICENSE CANCELLATION: ORDINANCE NO. 1035 (second reading) AMENDING SECTION 5.40.090 OF THE LAUREL MUNICIPAL CODE, LICENSE CANCELLATION Motion by Alderman Kellogg that Ordinance No. 1035 (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. Motion by Alderwoman Kilpatrick that Ordinance No. 1034 (second reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. Minutes of the City Council of Laurel Page 4 Council Meeting of May 5, 1992 CENEX EASEMENT TO DRILL TEST WELLS: RESOLUTION NO. 2583 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND FARMERS UNION CENTRAL EXCHANGE1 INCORPORATED, A MINNESOTA CORPORATION, SAID AGREEMENT RELATING TO AN EASEMENT TO DRILL TEST WELLS AT THE WASTEWATER TREATMENT PLANT Motion by Alderwoman Kilpatrick that Resolution No. 2583 be passed and adopted, seconded by Alderman Collins. Motion by Alderman Kellogg to amend Resolution No. 2583 to read~ Farmers Union Central Exchange, Incorporated~ a Minnesota Corporation, seconded by Alderman Ehrlick. Motion carried 8--0. A vote was taken on the original motion as amended. Motion carried 8--0. TRANSFER OF FUNDS FOR PURCHASE OF STREET MAINTENANCE EQUIPMENT: RESOLUTION NO. 2584 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Orr that Resolution No. 2584 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. COMMITTEE REPORTS: Budget/Finance Committee minutes of April 21, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of April 21, 1992, into the record, seconded by Alderman Orr. Motion carried 8--0. --Budget/Finance Co~mmittee minutes of April 27, 1992 were presented and reviewed. Joe Bradley questioned whether the audit for the Firemen~s Relief Association has been completed. A previous auditor mentioned that there should be some relationship between the reserves they have built up and their expected payouts. The mills levied should be tied to the need in the foreseeable future. Donna Kilpatrick said the representatives on %he committee said the two mills are still needed because of the large number of firemen who are eligible for retirement. The Firemen's Relief Fund is handled by John Johnson and he will be asked to attend the next Council meeting to answer questions. It was also suggested that the person who audited the Firemen's Relief Fund also attend. Motion by Alderwoman Kilpatrick to enter Committee minutes of April 27, 1992, into the Alderman Orr. Motion carried 8--0. --Budget/Finance Committee minutes of April 28, and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of April 28, 1992, into the Alderman Orr. Motion carried 8--0. --Budget/Finance Committee minutes of April 29, and reviewed. Motion by Alderman Graham to enter the Budget/Finance minutes of April 29, Motion carried 8--0. the Budget/Finance record, seconded by 1992 were presented the Budget/Finance record, seconded by 1992 were presented Committee 1992, into the record, seconded by Alderman Orr. Pages Minutes of the City Council of Laurel Council Meeting of May 5, 1992 --City Council Committee of the Whole minutes of April 21, 1992 were presented. Motion by Alderman Kellogg to enter the City Council Committee of the Whole minutes of April 21, 1992, into the record, seconded by Alderman Orr. Motion carried 8--0. --License Committee minutes of April 30, 1992 were presented and reviewed. Motion by Alderman Graham to enter the License Committee of April 30, 1992, into the record, seconded by Alderman Orr. carried 8--0. minutes Motion --Parks Committee minutes of April 23, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick minutes of April 23, 1992, into the Ehrlick. Motion carried 8--0. to enter the Parks Committee record, seconded by Alderman --Parks Committee minutes of April 28, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of April 28, 1992, into the record, seconded by Kellogg. Committee Alderman Fred Feuerbacher, American Legion Coach, stated that Thomson Park is short on garbage cans and he feels two more cans would help eliminate the problem. In regard to the loose garbage in Thomson Park, Fred said he feels the school should be contacted to keep the north end of the park clean. Throughout the week the school children drop a lot of garbage that does not get picked up and with the first wind, it all blows into the park. This is a bad reflection, not only on the baseball groups who keep their garbage picked up~ but also on the City. A question was brought up regarding the $ 400.00 the City has allocated for maintenance of the fields and someone felt that the proceeds from the concession stand were to help pay these expenses. In regard to the maintenance, Fred reported on the maintenance that the Legion and volunteers have done in the park. The sprinkler system was not working properly and this has been fixed and sprinkler heads replaced by the Legion so the system is working like it should. Fred said that they are talking with a turf dealer and would like to tear out the whole infield and lay new turf in the fall, with City approval. The old grass would be laid in the Little League field to help control the dust problem. For now, they are having sod laid in front of the new dugouts. New bleachers are also being built. One is done with another to be done by the 4th of July and the remaining two in the fall. The Mayor and Donna stated they really appreciate all Legion and volunteers have contributed towards improving that it is looking very nice. the work the the park and At this time a vote was taken on the motion. Motion carried 8--0. --Public Utilities Committee minutes of April 13, 1992, were read at the last Council meeting. COMMITTEE MEETINGS: The Building Committee will meet on Tuesday, May 12th at 9:00 a.m. The Fire Committee has been meeting with the Fire Districts to negotiate a contract but there is nothing to report at this time. The Public Utilities Committee will meet on Monday, May llth at 5:00 p.m. Minutes of the City Council of Laurel Page 6 Council Meeting of May 5, 1992 The 4th of July Committee will meet on Thursday, May 7th at 7:00 p.m. There will be a Police Committee meeting on Thursday~ May 7th at 5:30 p.m. Budget/Finance will meet on May llth, 12th, and 13th, at 6:30 p.m. to review the 1992-93 preliminary budgets. MAYOR'S COMMENTS: The Mayor will hold Department Head meetings on the second Tuesday of each month at 11:00 a.m. in City Hall. The Mayor felt the City needs to pursue the sale or demolition of the buildings on the Williams' property that the City purchased. It was stated that a bid is being worked up for the demolition of the buildings and Jim Worthington said this will be brought up at the next Buildings Committee meeting. The City received a Certificate of Appreciation from Mr. Bayne along with a "Thank You" card for the City's support during Aviation Week. In regard to the letter 'the City received from Richard Barnhardt, Chuck said he has talked to Richard and told him we are addressing his concerns, but it is up to him as to where he carries this issue. Don Hackmann reported that he has received the updates for the code books and he would like everyone to bring in their books during the next week and he will change the pages. The total cost for the changes is $ 2,650.00. DAMAGED POLICE CAR Don asked the Council for some direction regarding the check he is still holding from USF & G for the damaged police car. The check will expire on June 30, 1992. Joe said our problem is that we cannot document that second hand police cars have any greater value than book value even though they have heavier suspensions, electrical systems and interiors. The insurance company is giving us straight book value on an average car~ less the deduction for high mileage. Joe said he and Mike Atkinson will get together and come up with a figure that they think the car is worth and present it to the insurance company. More discussion regarding reconditioned police car. committee meeting. whether it would be feasible to run a This will be discussed further in the Donna Kilpatrick requested permission to leave the state. Motion by Alderman Collins to grant Donna Kilpatrick permission to leave the state, seconded by Alderman Kellogg. Motion carried 8--0. There being no further business to come before the Council at this time, the meeting was adjourned at 8:00 p.m. Donald L. Hackmann~ City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19th day of May, 1992. Cguok aodg'er ,,' ATTEST: Donald L. Hackmann, City Clerk