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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