HomeMy WebLinkAboutCity Council Minutes 07.17.1990Minutes of the City Council of Laurel
July 17, 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 July 17, 1990.
COUNCIL MEMBERS PRESENT: Norman Orr Lonnie Kellogg
Donna Kilpatrick Bob Graham
L.D. Collins Ron Marshall
Chuck Rodgers
COUNCIL MEMBERS ABSENT: Bruce Teeters
INVOCATION: Invocation was given by Alderman Collins.
MINUTES:
Motion by Alderman Rodger~ to approve the minutes of the regular
meeting of July 3~ 1990 and the special meetings of July 9th, as
presented, seconded by Alderman Collins. Motion carried 7--0.
CORRESPONDENCE:
Received a "thank you" from the family of D.J. McGillen.
Received the June minutes and activity report from the Yellowstone
County Air Pollution Control Board.
Received a memo from the Montana Municipal Insurance Authority
regarding the development of a bond program to capitalize the worker's
compensation risk retention program.
Received a notice from the Department of Revenue, Liquor Division that
Town Pump received their beer license.
BID OPENING - 1/2 TON TRUCK:
This being the time and place advertised, the bid received was opened
and read aloud.
Laurel Ford Bid Bond
317 East Main Street $ 10,000.00
Laurel, MT
1990 Ford 1/2 ton pickup ................ $ 10,587.00
1990 Ford 3/4 ton pickup (used) ......... $ 11~750.00
This bid was referred to the Parks Committee for a recommendation at
the next council meeting.
PUBLIC HEARING - INTENT TO VACATE ALLEY IN MAGNUS SUBDIVISION:
This being the time and place advertised, a public hearing was held.
PROPONENTS
Vern Gebhardt spoke in favor of vacating a portion of the alley in
Block 4 of Magnus Subdivision. The alley is blocked off by a 12 foot
ditch which has no improvements or utilities on it. He has purchased
land to the east of the alley and he requests that this alley be
abandoned so he can gain access to the other side more easily.
OPPONENTS
No written letters of protest were received by the
there were no opponents at the City Council meeting.
City Clerk and
The notice of this was published in the Laurel Outlook as provided by
law.
Motion by Alderman Marshall to close the public hearing, seconded
by Alderman Rodgers. Motion carried 7--0.
RESOLUTION NO. 2453
DISCONTINUING A CERTAIN DESCRIBED PORTION
OF ALSEY PLATTED IN BLOCK 4 OF MAGNUS
SUBDIVISION, IN THE CITY OF LAUREL
Motion by Alderwoman Kiloatrick that
Pa e2 Minutes of the City Council of Laurel
Council Meeting of July 17, 1990
Joe Bradley said the Planning Board considered this matter and
recommended the council discontinue this portion of the alley. They
also recommend that the council, at some point in the future, consider
requiring applicants to pay for the free land they are getting. Joe
said it is up to the council whether they want to impose that
condition now. It is typical of other cities to require applicants to
pay compensation for vacated land.
Joe stated this does not require a resolution on the books, it is just
a condition that the council can impose on each applicant that
applies.
More discussion followed.
At this time a vote on the motion was taken. Motion carried 7--0.
ADOPT PRELIMINARY BUDGET AND TAX RESOLUTIONS:
Motion by Alderwoman Kilpatrick to adopt the preliminary budget,
seconded by Alderman Marshall. Motion carried 7--0.
RESOLUTION NO. 2454
BEING A RESOLUTION LEVYING TAXES FOR
GENERAL AND SPECIFIC PURPOSES FOR THE
CITY OF LAUREL, MONTANA1 FOR THE FISCAL
YEAR BEGINNING JULY 1, 1990
Motion by Alderman Collins that Resolution No. 2454 be passed and
adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0.
RESOLUTION NO. 2455
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, 1990
Motion by Alderwoman Kilpatrick that Resolution No. 2455 be
passed and adopted, seconded by Alderman Orr. Motion carried 7--0.
RESOLUTION NO. 2456
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, 1990
Motion by Alderman Orr that Resolution No. 2456 be passed and
adopted, seconded by Alderman Graham. Motion carried 7--0.
RESOLUTION NO. 2457
BEING A RESOLUTION LEVYING AND ASSESSING
ALL OF THE PROPERTY EMBRACED WITHIN THE
CITY OF LAUREL1 MONTANA, FOR SANDING~ SNOW
REMOVAL AND/OR PLOWING
Motion by Alderwoman Kilpatrick that Resolution No.
passed and adopted, seconded by Alderman Collins. Motion
7--0.
RESOLUTION NO. 2458
2457 be
carried
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. 2468 be passed
and adopted, seconded by Alderman Collins. Motion carried 7--0.
Page3 Minutes of the City Council of Laurel
Council Meeting of July 17, 1990
RESOLUTION NO. 2459
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. 2459 be
passed and adopted, seconded by Alderman Marshall. Motion carried
7--0.
RESOLUTION NO. 2460
A RESOLUTION LEVYING AND ASSESSING ALL
OF THE PROPERTY EMBRACED WITHIN SPECIAL
IMPROVEMENT DISTRICT NO. 96 OF THE CITY
OF LAUREL, MONTANA, WITH THE COST OF
STORM SEWER AND STREETS IN LAUREL
INDUSTRIAL PARK
Motion by Alderman Rodgers that Resolution No. 2460 be passed and
adopted, seconded by Alderman Collins. Motion carried 7--0.
RESOLUTION NO. 2461
A RESOLUTION LEVYING AND ASSESSING ALL
OF THE PROPERTY EMBRACED WITHIN SPECIAL
IMPROVEMENT DISTRICT NO. 97 OF THE CITY OF
LAUREL, MONTANA, WITH THE COST OF SIDEWALKS,
CURBS, GUTTERS, PAVING AND STREET SIGNS IN
EAST YELLOWSTONE SUBDIVISION
Motion by Alderman Marshall that Resolution No. 2461 be passed
and adopted, seconded by Alderman Kellogg. Motion carried 7--0.
RESOLUTION NO. 2462
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 CURB1
GUTTER, PAVING, SIDEWALK, SANITARY SEWER
AND WATER LINE IN NUTTING BROS. SUBDIVISION
Motion by Alderman Rodgers that Resolution No. 2462 be passed and
adopted, seconded by Alderman Orr. Motion carried 7--0.
RESOLUTION NO. 2463
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
~otion by Alderman Orr that Resolution No. 2463 be passed and
adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0.
RESOLUTION NO. 2464
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 WHITFIELD
SHERIDAN SUBDIVISION
Motion by Alderman Collins that Resolution No. 2464 be passed and
adopted, seconded by Alderman Rodgers. Motion carried 7--0.
RESOLUTION NO. 2465
A RESOLUTION LEVYING AND ASSESSING ALL
OF THE PROPERTY EMBRACED WITHIN SPECIAL
IMPROVEMENT DISTRICT NO. 108 OF THE CTTY
Page 4 Minutes of the City Council of Laurel
Council Meeting of July 17, 1990
Motion by Alderman Marshall that Resolution No. 2465 be passed
and adopted~ seconded by Alderman Kellogg. Motion carried 7--0.
RESOLUTION NO. 2466
A RESOLUTION LEVYING AND ASSESSING ALL
OF THE PROPERTY EMBRACED WITHIN SPECIAL
IMPROVEMENT DISTRICT NO. 109 OF THE CITY
OF LAUREL, MONTANA, WITH THE COST OF STREET
PAVING, CURB & GUTTER, DRIVEWAY~ SANITARY
SEWER & WATER IN MURRAY HEIGHTS SUBDIVISION
Motion by Alderman Collins that Resolution No. 2466 be passed and
adopted, seconded by Alderman Rodgers. Motion carried 7--0.
END OF YEAR BUDGET TRANSFERS:
RESOLUTION NO. 2467
BEING A RESOLUTION AUTHORIZING BUDGET
TRANSFERS OR REVISIONS
Motion by Alderman Marshall that Resolution No. 2467 be passed
and adopted~ seconded by Alderman Collins. Motion carried 7--0.
JULY 4TH ACTIVITIES:
The Park Committee minutes were reviewed at this time. The Park
Committee feels a special Fourth of July Committee needs to be
appointed to handle and coordinate all the activities that take place
in the park on the 4th of July. They would report regularly to the
Park Committee. Also, there were complaints that due to the
insufficient number of bathrooms provided, people were using shrubbery
on private lawns for bathrooms.
Joe Bradley said the firemen are busy on the 4th of July with their
own activities such as the barbecue and fireworks along with fighting
fires~ so they should not be responsible for coordinating all the
activities that take place in the park.
A special committee could handle the organization of activities and it
should consist of one representative from every group who has anything
to do with the fourth. It would meet on a regular basis and make a
report of activities to the council by no later than the first meeting
in June,
Sandy Stevenson addressed the council regarding the proposed Fourth of
July Committee. He suggested that it be a committee under the council
and not under the Park Committee and that the following items need the
committee's full consideration in planning for next year:
1
2
3
4
5
6
7
8
9
10
11
Provision of toilets in the park
Security throughout the park and entrance
Provision of sound system in the park
Provision of/and collection of garbage containers
Clean-up of park area
Traffic flow management to and from the park
Parking facilities near the park
Consumption of alcohol in and around the park
Insurance coverage for the complete event
User fees for groups raising money at the event
Cost of providing all of the above
Sandy also requested that the council pass a motion expressing their
full support for the 4th of July fireworks celebration each year.
In honor of D.J. McGillen, Sandy asked consideration in re-naming a
street or avenue after him.
Discussion followed regarding who should chair this committee. L.D.
Collins felt the Park Committee chairman should also chair this one.
D.L. McGillen stated that the Garbage and Police Committees are just
as involved as the Park Committee in this event and any information
that is brought to the council will be heard by the chairmen of the
other committees~ so why require it to be the Park chairman?
Page6 Minutes of the City Council of Laurel
Council Meeting of July 17, 1990
It was suggested that the committee consist of the chairmen from the
Garbage, Police and Park Committees, a member from the Fire
Department, Jaycees, American Legion, Chamber of Commerce and one or
two at large members.
Motion by Alderman Graham to establish a Fourth of July Committee
as a separate independent committee composed of the chairmen from the
Park~ Garbage and Police Committees, a member from the Fire
Department, Jaycees~ American Legion~ Chamber of Commerce and one or
two at large members~ seconded by Alderman Collins. Motion carried
7--0.
Donna Kilpatrick commented that she was in the park on the 4th of July
from early morning until late at night and she did not see even one
altercation take place and Alan Crowe told Donna later, that there
were no calls regarding problems. People have beer in the park and
that is a part of the 4th of July as long as they are parked, but
every bierstube that goes up has restrictions placed on it, the same
as the Herbstfest has on theirs.
Sandy Stevenson spoke his concerns regarding the setting off of
fireworks to close to people, the lack of bathroom facilities,
consumption of alcohol and crowd control.
AUTHORIZING AGREEMENT WITH 1ST SECURITY BANK:
RESOLUTION NO. 2447 - AMENDED
AUTHORIZING AN AGREEMENT WITH FIRST
SECURITY BANK TO FINANCE THE BALANCE
DUE ON HIGH BAND RADIOS
Motion by Alderman Collins that Resolution No. 2447 - Amended, be
passed and adopted, seconded by Alderman Kellogg. Motion carried
7--0.
SALARY OF THE CITY JUDGE:
ORDINANCE NO. 979 (first reading)
SALARY OF THE CITY JUDGE
Motion by Alderwoman Kilpatrick that Ordinance No. 979 (first
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.
COMMITTEE REPORTS:
--Board of Ad.~ustment minutes of July 10, 1990 were presented and
reviewed.
Motion by Alderman Kellogg to enter the Board of Adjustment
minutes of July 10, 1990, into the record, seconded by Alderman
Collins. Motion carried 7--0.
In regard to the Mitchell application at 620 3rd Avenue, Cal Cumin
said this is a discretion call. It does not follow the codes, but
here you have an older neighborhood with fairly new codes applied to
it. He said you hate to discourage people from making improvements to
their homes, especially in older areas of town.
--Budget/Finance Committee minutes of July 3, 1990 were presented and
reviewed.
Motion by Alderwoman Kilpatrick to enter the Budget/Finance
Committee minutes of July 3, 1990, into the record, seconded by
Alderman Orr. Motion carried 7--0.
--Budget/Finance Committee minutes of July 9, 1990 were presented and
reviewed.
Motion by Alderwoman Kilpatrick to enter the Budget/Finance
Committee minutes of July 9, 1990, into the record, seconded by
Alderman Rodgers. Motion carried 7--0.
Page Minutes of the City Council of Laurel
Council Meeting of July 17, 1990
--City Council Committee of the Whole minutes of July 3, 1990 were
presented.
Motion by Alderman Rodgers to enter the City Council Committee of
the Whole minutes of July 3, 1990, into the record, seconded by
Alderman Collins. Motion carried 7--0.
--City-County Planning Board minutes of July 12, 1990 were presented
and reviewed.
Motion by Alderman Orr to enter
minutes of July 12, 1990, into the
Kilpatrick. Motion carried 7--0.
the City-County Planning Board
record, seconded by Alderwoman
At the Planning Board meeting, Ken Miller stated he was interested in
buying the old NAPA building on west Main Street to house a trophy
making business. Cal Cumin stated this business does fit the
community commercial zone because there is already truck traffic along
the street. It will not involve a large amount of equipment and it
should not effect the area very much. The general consensus of the
Planning Board is that this business would be a big asset to the
Laurel community.
It was reported that the 16 lots of the Cantrell property that the
city is acquiring, are waist deep in weeds/hay and in desperate need
of cutting.
Cai Cumin stated he has not signed the plat for the Cantrell property.
Jim Worthington reported that he received the abstract today.
In regard to the weed problem, Bob Graham felt that Stan Langve was
interested in cutting the weeds/hay, but for some reason it has not
been done. Bob did say he has a lot of other properties that he cuts
and he may be having equipment problems. Bob suggested that the city
might contact George Figgins and see if he is interested in doing it
since he cuts the right of way for the interstate ramp west of town.
--Garbage Committee minutes of July 16, 1990 were presented and
reviewed.
Motion by Alderman Graham to enter the Garbage Committee minutes
of July 16, 1990, into the record, seconded by Alderman Marshall.
Motion carried 7--0.
The Garbage Committee moved to approve a 50 cent increase per month
for garbage service. The Mayor said we will advertise for a public
hearing and the council will vote on the increase after the public
hearing.
--Insurance Committee minutes of July 10,
reviewed.
1990 were presented and
Motion by Alderman Orr to enter the Insurance Committee
of July 10, 1990, into the record, seconded by Alderman
Motion carried 7--0.
minutes
Collins.
--Parks Committee minutes of July 12, 1990 were presented and
reviewed.
Motion by Alderwoman Kilpatrick to allow the Shelter Committee
permission to reserve the shelter for dedication ceremonies for the
shelter and to waive the $ 10.00 reservation fee, seconded by Alderman
Graham. Motion carried 7--0.
Motion by Alderwoman Kilpatrick to allow the Laurel Garden Club
permission to use the shelter for a Farmer's Market to sell garden
produce, Saturday, August 25th, from 9:00 a.m. to 3:00 p.m., seconded
by Alderman Kellogg. Motion carried 7--0.
Motion by Alderwoman Kilpatrick to allow Christmas to Remember to
sponsor a Herbstfest Festival in Firemen's Park on Friday, September
21st from 9:00 a.m. to 5:00 p.m., seconded by Alderman Collins.
Motion carried 7--0.
Motion by Alderwoman Kilpatrick to enter the Parks Committee
minutes of July 12, 1990, into the record, seconded by Alderman Orr.
Motion carried 7--0.
Page 7
Council Meeting of July 17, 1990
Minutes of the City Council of Laurel
COMMENTS FROM THE AUDIENCE:
In regard to the issue of re-cycling, Milt Wester said he was recently
at a meeting where this was discussed. We are going to have to face
re-cycling and the burden is not going to fall on the state but on the
cities themselves.
The Mayor stated he is aware of the fact that we may be forced, by
law, into re-cycling. We are trying to design a transfer site that
will accommodate re-cycling in the future. It is a business that does
not pay for itself but we will have to face it at some point.
More discussion followed regarding the use of our garbage system by
out of town residents in areas like the parks, Jan's IGA and the Post
Office. It was stated that in order to ticket these people, we need a
license plate number and a description of the person.
Sandy Stevenson asked if the city has ever considered buying portable
toilets as opposed to renting them every year. He feels the money
that is put out in rent would pay for the toilets within a couple of
years.
MAYOR'S COMMENTS:
The Mayor appointed Dennis Eaton to the Parks Committee.
Motion by Alderman Kellogg to confirm the Mayor's appointment of
Dennis Eaton to the Parks Committee, seconded by Alderman Orr. Motion
carried 7--0.
Donna Kilpatrick reported that she had a request from the Billings
Gazette to place a newspaper dispensing machine in Thomson Park during
the baseball tournament this weekend.
Motion by Alderwoman Kilpatrick to allow the Billings Gazette to
place a newspaper dispensing machine in Thomson Park over the weekend
for the baseball tournament, seconded by Alderm~n Collins. There
being a division of the house, a roll call vote was taken. Motion
failed 6--1 with Alderwoman Kilpatrick voting, YES."
There being no further business to come before the Council at this
time, the meeting was adjourned at 8:25 p.m.
Donald L. Hackmann, City Clerk
Approved by the Mayor and passed by the City Council of the City
Laurel, Montana, this 7th day of August, 1990.
Bo~ G~uthier, Mayor
of
ATTEST:
Donald L. Hackmann, City Clerk