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HomeMy WebLinkAboutCity Council Minutes 06.19.1990Minutes of the City Council of Laurel June 19, 1990 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 Bob Gauthier at 7:00 p.m., on June 19, 1990. COUNCIL MEMBERS PRESENT: Donna Kilpatrick Lonnie Kellogg L. D. Collins Bob Graham Norman Orr Bruce Teeters Chuck Rodgers COUNCIL MEMBERS ABSENT: Ron Marshall INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Collins to approve the minutes of the regular meeting of June 5, 1990, as presented, seconded by Alderman Rodgers. Motion carried 7--0. CORRESPONDENCE: Received a letter from Exxon informing the City that the Billings refinery has begun producing a reduced emissions premium gasoline. Received a letter from Charles Maxwell, Yellowstone County Undersheriff, regarding Laurel's share of Drug Enforcement money for fiscal year 1990-91. Bob Gauthier responded to a question stating that this drug enforcement money is in last year's budget but we will not send any unless we hear from a representative of the program. Bob said he contacted the County by letter regarding having someone involved with the project come to a council meeting and inform the council as to what is being done with the money but so far there has been no response. Bob said this money has been deleted from next year's budget until a report is given in person at a council meeting. Received the May minutes and activity report from the Yellowstone County Air Pollution Control Board. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of May were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of May, 1990, be approved, seconded by Alderman Orr. Motion carried 7--0. AWARD BIDS: The Street and Liquid Asphalt Alley Committee minutes of June 12, 1990 were reviewed. Motion by Alderman Collins to accept the committee's recommendation to award the bid for liquid asphalt to Cenex in the amount of $ 28,499.00, seconded by Alderman Orr. Motion carried 7--0. Street Material Motion by Alderman Collins to accept the committee's recommendation to award the bid to William Krug & Sons Sand & Gravel in the amount of $ 43,760.00, seconded by Alderman Orr. Motion carried 7-0. Cold-Laid Asphaltic Plant Mix accept the committee's Sand & Gravel Co., Inc. in by Alderman Orr. Motion carried Motion by Alderman Collins to recommendation to award the bid to Empire the amount of $ 42,240.00, seconded 7--0. Page S Minutes of the City Council of Laurel Council Meeting of June 19, 1990 Petroleum Products Motion by Alderman recommendation to award the bid in the amount of $ 20,123.20, carried 7--0. 1989-90 Audit The Budget/Finance Committee minutes of June 11, Collins to accept the committee's for petroleum products to Laurel Co-op seconded by Alderman Orr. Motion 1990 were reviewed. Motion by Alderwoman Kilpatrick to accept the committee's recommendation to award the bid for the 1989-90 Audit to Cosner and Dennis-Williams Accounting Firm in the amount of $ 8,600.00, seconded by Alderman Teeters. Motion carried 7--0. AMENDING ORDINANCES FOR RECODIFICATION: ORDINANCE NO. 969 (second reading) AMENDING SECTION 2.08.010 OF THE LAUREL MUNICIPAL CODE, QUALIFICATIONS OF MAYOR Public Hearing: No comments. Motion by Alderman Orr to close the public hearing, seconded by Alderman Teeters. Motion carried 7--0. Motion by Alderman Orr that Ordinance No. 969 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 970 (second reading) AMENDING SECTION 2.08.040 OF THE LAUREL MUNICIPAL CODE, DUTIES OF CLERK Public Hearing: No comments. Motion by Alderman Collins to close the public hearing, seconded by Alderman Orr. Motion carried 7--0. Motion by Alderman Orr that Ordinance No. 970 (second reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 971 (as amended-second reading) AMENDING SECTION 2.04.070 OF THE LAUREL MUNICIPAL CODEr ELECTIVE AND APPOINTIVE OFFICES Public Hearing: No comments. Motion by Alderman Orr to close the public hearing, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderman Rodgers that Ordinance No. 971 (second reading) be passed and adopted as amended, seconded by Alderman Orr. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 972 (second reading) AMENDING SECTION 2.17.010 OF THE LAUREL MUNICIPAL CODE, QUALIFICATIONS OF ALDERMAN Public Hearing: No comments. Motion by Alderman Collins to close the public hearing, seconded by Alderman Orr. Motion carried 7--0. Page 3 Minutes of the City Council of Laurel Council Meeting of June 19, 1990 Motion by Alderman Orr that Ordinance No. 972 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 973 (second reading) REPEALING SECTION 2.04.080 OF THE LAUREL MUNICIPAL CODE, COUNCIL MAY ABOLISH OFFICE No comments. seconded by Public Hearing: Motion by Alderman Orr to close the public hearing, Alderman Collins. Motion carried 7--0. Motion by Alderman Collins that Ordinance No. 973 (second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and ail aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 974 (second reading) REPEALING SECTION 1.14.050 OF THE LAUREL MUNICIPAL CODE, ORDINANCE TO HAVE ONE SUBJECT, EXPRESSED IN TITLE Public Hearing: No comments. seconded Motion by Alderman Collins to close the public hearing, by Alderman Kellogg. Motion carried 7--0. Motion by Alderman Collins that Ordinance No. 974 ( second reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 975 (second reading) REPEALING SECTION 2.04.010 OF THE LAUREL MUNICIPAL CODE, PRINCIPLE OFFICES Public Hearing: No comments. Motion by Alderman Orr to close the public hearing, seconded by Alderman Graham. Motion carried 7--0. Motion by Alderman Collins that Ordinance No. 975 (second reading) be passed and adopted, seconded by Alderman Rodgers. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 976 (second reading) REPEALING ALL OF TITLE 2, CHAPTER 28 OF THE LAUREL MUNICIPAL CODE, "CITY ELECTIONS". Public Hearing: No comments. Motion by Alderman Rodgers to close the public hearing, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderman Rodgers that Ordinance No. 976 (second reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all alderman present voted, "YES." Motion carried 7--0. PROHIBIT PARKING IN RESERVED CITY HALL EMPLOYEE PARKING SPACES: ORDINANCE NO. 977 (first reading) ADDING SECTION 16.68.015 TO THE LAUREL MUNICIPAL CODE, TO PROHIBIT PUBLIC PARKING IN RESERVED PARKING SPACES ADJACENT TO LAUREL CITY HALL ON THE WEST SIDE OF THE ALLEY LYING Page 4 Minutes of the City Council of Laurel Council Meeting of June 19, 1990 BETWEEN FIRST AVENUE AND SECOND AVENUE AND RUNNING FROM WEST FIRST STREET TO WEST THIRD STREET, RESERVED PARKING FOR CITY HALL EMPLOYEES Motion by Alderman Orr that Ordinance No. 977 (first reading) be passed and adopted~ seconded by Alderman Rodgers. Joe Bradley stated that the city does not own this land, but rather leases it on a trade with Yellowstone Bank. The city has no way of enforcing violations if someone else wants to park in these reserved spaces. This ordinance will make it a misdemeanor parking violation so it can be enforced. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. CONFIRM INSTALLATION OF STOP SIGN ON ALLEY BY WEST SCHOOL: There was discussion and a motion at the June 5th council meeting regarding placing a stop sign in the alley south of the West School. It was reported that the sign is now in place. Joe Bradley said state law requires that a person must stop when exiting an alley and this stop sign is 3ust notifying the public of an already existing state law and therefore does not require a traffic study. Motion by Alderman Collins to confirm the installation of a stop sign in the alley south of West School, behind the residence at 803 West 4th Street, seconded by Alderman Teeters. Motion carried 7--0. TRAFFIC STUDY FOR STOP SIGNS AROUND TOWN: Jim Worthington gave a report to the council regarding stop signs in Laurel. Laurel currently has 161 stop signs and Jim presented a map indicating, in colors, the different types of signs and where they are placed. Jim said that by laying this out, it points out some very serious problems that Laurel has with it's high number of stop signs. Jim feels that there are areas where there are deficiencies and others where the signs are over loaded. Jim said as far as a study, he has not analyzed traffic patterns in any specific areas but there have been intersection studies done in the past. All reports received from the highway department recommend that cities do not control traffic with stop signs. Discussion followed and it was mentioned that there are possible deficiencies in three areas in town where streets are considered through streets but lack stop signs on all the intersecting streets. Joe Bradley stated that since the city is revising its codes, this would be a good time to remove~ reduce or change around existing stop signs since every stop sign is set forth by ordinance. Motion by Alderman Collins to have Jim Worthington, Alan Crowe and D.L. McGillen do a traffic study and make a recommendation to the council, seconded by Alderman Graham. Cal Cumin stated a traffic study was done by professional engineers approximately 10 years ago. Traffic laws have not changed much since that time and Cal feels it would be beneficial to go over this study once again. He said you need to get your base study that deals with volume, traffic flow and speed and then put on your accident criteria and what ever criteria you want but the base study is essential. Joe said the state is more than willing to come to Laurel and give their recommendations regarding the signs and with their help and the findings from the report, the committee can make some beneficial recommendations. Alan Crowe stated that over the years as different issues have come before the council via individual requests, he has seen this trend take place and he has recommended against this happening. It is not only the stop sign issue but also the U-turn and parking issues. Alan Pages Minutes of the City Council of Laurel Council Meeting of June 19, 1990 said there have never been any guidelines for making these decisions other than an individual request and if guidelines are not set up, it will continue to get worse. At this time a vote was taken on the motion. Motion carried 7--0. CITY-COUNTY PLANNING BOARD APPOINTMENTS: Joe Bradley stated that all appointments and three mayoral The terms are for two years appointed for one year only to the city appointments, two council appointments are up as of June 30th. each but Joe suggested that some be stagger the expiration of them. Council Appointments Motion by Alderman Collins to appoint Donna Kilpatrick for a two year term on the City-County Planning Board, seconded by Alderman Graham. Motion carried 7--0. Motion by Alderman Collins to appoint Lonnie Kellogg to a one year term on the City-County Planning Board, seconded by Alderman Orr. Motion carried 7--0. Mayor Appointments The Mayor appointed Dr. John Smith and Linda Dennis-Williams to the City-County Planning Board for two year terms. Motion by Alderman Rodger~ to confirm the Mayor's appointment of Dr. John Smith and Linda Dennis-Williams to the City-County Planning Board for two year terms~ seconded by Alderman Collins. Motion carried 7--0. The Mayor appointed Joe Bradley to a one year term on the City-County Planning Board. Motion by Alderman Collins to confirm the Mayor's Joe Bradley to the City-County Planning Board for a seconded by Alderman Graham. Motion carried 7--0. appointment of one year term, Joe Bradley explained that the county appoints five members and there is one at large member who is chosen by the commission itself. Jerry Shay was chosen as the at large member at the last meeting. RESOLUTION OF INTENT TO VACATE ALLEY IN MAGNUS SUBDIVISION: RESOLUTION NO. 2449 RESOLUTION OF INTENT TO DISCONTINUE ALLEY PLATTED IN BLOCK FOUR OF MAGNUS SUBDIVISION IN THE CITY OF LAUREL Motion by Alderman Orr that Resolution No. 2449 be passed and adopted, seconded by Alderman Collins. Motion by Alderman Kellogg to amend Resolution No. 2449 to include Subsection 3. That the alley petitioned to be vacated is a portion of the platted alley located in Block 4 of Magnus Subdivision in the City of Laurel as shown on the petition, seconded by Alderman Orr. Motion carried 7--0. Joe pointed out that the Planning Board discussed that this is city owned land and does the city just want to give it away or do you want to charge compensation for it. Joe said in Billings, the council appraised the vacated streets by square footage and Deaconess Hospital paid for the vacated streets that they have. Joe asked the council to consider this before the next council meeting. At this time the original motion was voted on as amended. Motion carried 7--0. Page 6 Minutes of the City Council of Laurel Council Meeting of June 19, 1990 TRANSFERRING MONEY FROM SID REVOLVING FUND: RESOLUTION NO. 2450 A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Orr that Resolution No. 2450 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Peg Kamerzel explained the reason for the transfers and the SID's involved. APPROVE 1990-91 CITY LICENSES: The city licenses were reviewed by the License Committee and they recommended approval. Motion by Alderman Collins to approve the 1990-91 city license renewals, seconded by Alderman Graham. Motion carried 7--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of June 5, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Committee minutes of June 6, 1990, into the record, Alderman Collins. Motion carried 7--0. Budget/Finance seconded by --Budget/Finance Committee minutes of June 11, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of June 11, 1990, Alderman Teeters. Motion carried 7--0. to enter the Budget/Finance into the record, seconded by --City Council Committee of the Whole minutes of June 5, 1990 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of June 5, 1990, into the record, seconded by Alderman Rodgers. Motion carried 7--0. --City-County Planning Board minutes of June 14, 1990 were presented and reviewed. Motion by Alderman Collins to enter the City-County Planning Board minutes of June 14, 1990, into the record, seconded by Alderwoman Kilpatrick. Cal Cumin stated the Planning Board is going to change the zoning ordinance to not allow beer sales on the same premise as gasoline sales. They also discussed the possibility of having the building permit jurisdictional area include the one mile radius outside the city limits but after discussing it with the Engineer and the Mayor, it was decided that this is not feasible at this time due to the manpower shortage. Cal then asked that the city include just the area within the airport boundaries in the building permit area but a decision has not been made on this. Joe Bradley said this could be done by way of interlocal agreement where the Airport Authority would enter a contract much like a fire district, compensating the city for the building inspection service. Cal said the Planning Board also recommended that lots that are wholly surrounded by the city but are still outside the city limits, be annexed into the city. Jim Worthington explained to the council where these areas are located. Joe Bradley stated these areas have full Page7 Minutes of the City Council of Laurel Council Meeting of June 19, 1990 city services including fire and police protection but they are not paying city taxes. He is asking for direction from the council whether to prepare resolutions of annexation for these areas. At this time the motion was voted on. Motion carried 7--0. Motion by Alderman Graham to direct the City Attorney to resolutions for annexation, seconded by Alderman Rodgers. carried 7--0. prepare Motion HOME OCCUPATION: Sheryl Cox, 1114 West Maryland, has applied for a Home Occupation for a balloon bouquet business to be run out of her home. Orders will be taken by phone and she will deliver the bouquets. The Planning Board recommend approval subject to no stock or trade to be sold at her home, no customer traffic and subject to an annual review of the business license. Motion by Alderman Kellogg to approve a home Sheryl Cox for a balloon bouquet business~ seconded by Motion carried 7--0. occupation for Alderman Orr. --City License Committee minutes of June 18, 1990 were presented and reviewed. Motion by Alderman Collins to grant a city business license for Cheerio Bar, seconded by Alderman Graham. Motion carried 7--0. Motion by Alderman Collins to grant a city business license for Bonnies Antiques, seconded by Alderman Kellogg. Motion carried 7--0. Motion by Alderman Collins to grant a city business license for Rapid Print, seconded by Alderman Orr. Motion carried 7--0. Motion by Alderman Kellogg to grant a city business license for Back Door Tanning Parlour, seconded by Alderman Graham. Motion carried 7--0. Motion by Alderman Collins to grant a city business license for Balloons Galore~ seconded by Alderman Graham. Motion carried 7--0. Motion by Alderman Collins to enter the City License minutes of June 18, 1990, into the record, seconded by Rodgers. Motion carried 7--0. Committee Alderman --Insurance Committee minutes of June 18, reviewed. 1990 were presented and Motion by Alderman Orr to of June 18, 1990, into the Motion carried 7--0. enter the Insurance Committee record, seconded by Alderman minutes Graham. Motion by Alderman Orr to stay with Harris Agency, carried 7--0. to accept the committee's recommendation seconded by Alderman Graham. Motion --Parks Committee minutes of June 14, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of June 14, 1990, into the record, seconded by Collins. Committee Alderman Donna Kilpatrick stated there is a real problem with the litter in Thomson Park. The litter is coming from the concession stand and the leagues who operate the stand apparently do not feel it is their responsibility to pick up the trash. Donna stated she would like to see no littering signs posted in the park and a $ 100.00 fine imposed when someone is caught littering. Page 8 Minutes of the City Council of Laurel Council Meeting of June 19, 1990 Joe Bradley stated that one way to prevent trash is to make garbage cans readily accessible. Donna stated there are a lot of cans available in all areas but the trash is not being put in them. There was discussion concerning a possible contract with the leagues next year regarding the concession stand and a provision of it could be that the litter has to be picked up. Donna suggested that even though baseball season is about over, a letter should be sent to the leagues this year informing them of the situation and if conditions do not improve, it could have a bearing on the terms of the contract next year. Another item brought up for discussion was the condition of the bathrooms in Thomson Park. It was stated they need to be cleaned daily and there is no one to do it. It is not the responsibility of the leagues to do it and the hours of the park maintenance man do not coincide with the busy time in the park. Darrell McGillen agreed with a comment made that if the bathrooms are kept up people tend to take more pride in keeping them clean also. He said that when there is graffiti on the walls, it needs to be taken care of immediately or within a short time all the walls will be covered with it. He commented that the bathroom facilities were never cleaned properly even before they opened. The Mayor stated he is looking into several possibilities for solving this problem and hopefully one will work. At this time a vote was taken on the motion. Motion carried 7--0. Motion by Alderwoman Kilpatrick to post no littering signs in Thomson Park with a $ 100.00 fine imposed for violation, seconded by Alderman Collins. Motion carried 7--0. Joe Bradley stated he will check to see if Laurel has an ordinance for littering and if not we need to adopt one before signs can be placed. --Police Committee minutes of June 7, 1990 were presented and reviewed. Discussion followed regarding Dave Berry, Juvenile Officer. It was stated that being located in the FAP complex is not an ideal situation and problems do arise. Suggestions were made regarding a different location and it was referred to the Building Committee which will meet on June 26th at 6:00 p.m. Motion by Alderman Rodgers to enter the Police of June 7~ 1990, into the record, seconded by Motion carried 7--0. Committee minutes Alderman Collins. --Street and Alley Committee minutes of June 12, 1990 were presented and reviewed. Discussion regarding a street opening permit for Bob Burns, which included charges for asphalt in an area which has no asphalt. The work was done by Ben Deines and he is the one who actually purchased the permit and then passed the charges on to Bob. Jim Worthington will talk to Bob Burns regarding this. Jim Worthington gave an update on the Maryland Lane project. Within the last two weeks there has been a preliminary review of the layout for the Highway Department with plans for the reconstruction of Maryland Lane from 6th Avenue to Washington. The plans include a full section removal of two feet of material to be redone~ starting with the base. Utility services will be developed in specific areas along with new curb and gutter east of Montana Avenue for a specified distance. The final plans are due next month for submittal and bidding will take place the 12th of November for the project. Motion by Alderman Collins to enter the Street And Alley Committee minutes of June 12, 1990, into the record~ seconded by Alderman Orr. Motion carried 7--0. Page9 Minutes of the City Council of Laurel Council Meeting of June 19, 1990 COMMENTS FROM THE AUDIENCE: Mary Jo Devener asked what the provisions were for the Cantrell property. Joe Bradley said he had 30 days from when the Mayor signed it, which would be July 3rd, to complete a five wire fence, make adequate provisions for the drainage, deed the 16 lots including the width of the street to the city and pay all the delinquent property taxes on the land to be excluded. MAYOR'S COMMENTS: The Mayor appointed Bryan Fischer and Mike Kirschenmann to the Ambulance Reserves. Motion by Alderman Collins to confirm the Mayor's appointment of Bryan Fischer and Mike Kirschenmann to the Ambulance Reserve, seconded by Alderman Rodgers. Motion carried ?--0. There time, being no further business to come before the Council at this the meeting was adjourned at 9:07 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 3rd day of July, 1990. of ATTEST: Donald L. Hackmann, City Clerk