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HomeMy WebLinkAboutCity Council Minutes 07.18.1989Minutes of the City Council of Laurel July 18, 1989 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 18, 1989. COUNCIL MEMBERS PRESENT: Ron Marshall Donna Kilpatrick Chuck Rodgers L.D. Collins Chuck Dickerson Bob Graham Bruce Teeters Norman Orr COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of July $, 1989, as presented, seconded by Alderman Orr. Motion carried 8--0. CORRESPONDENCE: Received two anonymous letters, one regarding the July 4th activities and the other regarding the Centennial Days Celebration. Received a memo from the Montana League of Cities and Towns regarding the annual conference on September 13th, 14th, and 15th at the Colonial Inn in Helena. Received the July newsletter from the Montana Municipal Insurance Authority. Received the April minutes and activity report from the Air Pollution Control Board. COMPLAINT ON NOISE AT CURT'S BEAVER FEED AND STREET DANCE: Doug Milliron, 207 Yellowstone Avenue, made a complaint regarding the noise from Curtis Beaver Feed and the street dance. He stated he could hear the noise in his yard and also his house. He goes to bed by 9:30 or 10:00 o'clock in order to be to work at 6:00 a.m. and while these activities were taking place, it was after 1:30 a.m. before he could fall asleep. He stated that if he played his music loud or hired a band to play in his backyard, he would be ticketed for disturbing the peace. He did call the police regarding his neighbors who were being very loud and the police came and things quieted down some. As a taxpayer, he does not feel he needs to put up with a local business playing music outside when they have an indoor establishment where music can be played. Doug stated that by letting the bars bring their music and parties outside and into the streets~ he feels we are promoting the disease of alcoholism. He said that if a person wants to drink inside a bar that is their business, but when it interferes with the serenity of his house and is taken outside on the streets it becomes his business because he is walking and driving on those streets. Comments were made by Chuck Dickerson, Bob Graham and Curt Riemann regarding the activities. It was stated that due to the Centennial Celebration the festivities lasted longer than they normally would but that the disturbances were not only in the vicinity of Mr. Milliron's home but all over town with the fireworks and the bands in Thomson Park and yet, no one else is complaining. In regard to Curtis Beaver Feed, Curt stated he made a bad judgement call by having a band several nights because he lost money doing it. but he did say that he would still like to have three or four outside dances a year at his business. Joe Bradley said the council should keep Mr. Milliron's complaints in mind for the next 4th of July and if Mr. Milliron is serious about presenting a petition to the council, the time to do it would be about Page2 Minutes of the City Council of Laurel Council Meeting of July 18, 1989 a month before the 4th, when the organizations are requesting permission for their activities. PUBLIC HEARING - CABLE TV: This being the time and place advertised, a public hearing was held. The City Clerk reported that he did not receive any complaints or letters. Jim Murphy, Attorney and Ken Young, Chief Technician for the cable company were present to answer any questions from the public or the council. The Mayor stated the cable company had a 20 year franchise license which the city has always treated as a regular business license and it has come up for renewal. Joe Bradley stated renewal of the license would involve another multi-year agreement, possibly a franchise agreement. He said the laws have changed significantly since 1969 when the first franchise agreement was signed and since this involves the citizens of Laurel, it calls for public comment. Joe said there is nothing to decide tonight, but there will be an agreement and a resolution prepared for the council's consideration. There were no comments or complaints received from the audience. APPROVE PRELIMINARY BUDGET AND TAX RESOLUTIONS: Motion by Alderman Dickerson to adopt the preliminary budget as presented, seconded by Alderman Graham. Motion carried 8--0. RESOLUTION NO. 2397 RESOLUTION NO. 2397, BEING A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSES FOR THE CITY OF LAUREL, MONTANA FOR THE FISCAL YEAR BEGINNING JULY 1, 1989 Motion by Alderman Dickerson that Resolution No. 2397 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RESOLUTION NO. 2398 RESOLUTION NO. 2398, 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~ 1989 Motion b~M Alderman Dickerson that Resolution No. 2398 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. RESOLUTION NO. 2399 RESOLUTION NO. 2399, BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHT NO. 3, OF THE CITY OF LAUREL, MONTANA~ WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1989 Motion ~y Alderman Dickerson that Resolution No. 2399 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. RESOLUTION NO. 2400 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN THE CITY OF LAUREL, MONTANA, FOR SNOW REMOVAL AND/OR PLOWING Pa e3 Minutes of the City Council of Laurel Council Meeting of July 18, 1989 Motion by Alderman Dickerson that Resolution No. 2400 be passed and adopted, seconded by Alderman Rodgers. Motion carried 8--0. RESOLUTION NO. 2401 RESOLUTION NO. 2401, 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 bx Alderman Collins that Resolution No. 2401 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. RESOLUTION NO. 2402 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 Alderman Dickerson that Resolution No. 2402 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. RESOLUTION NO. 2403 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 95 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF STORM SEWER AND STREETS IN LAUREL INDUSTRIAL PARK Motion by Alderman Dickerson that Resolution No. 2403 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. RESOLUTION NO. 2404 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, GUTTER, PAVING AND STREET SIGNS IN EAST YELLOWSTONE SUBDIVISION Motion by Alderman Dickerson that Resolution No. 2404 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RESOLUTION NO. 2405 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, PAVING1 SIDEWALK, SANITARY SEWER AND WATER LINE IN NUTTING BROS. SUBDIVISION Motion by Alderman Dickerson that Resolution No. 2406 be passed and adopted, seconded by Alderman Rodgers. Motion carried 8--0. RESOLUTION NO. 2406 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 AND SEWER IN MOGAN SUBDIVISION Pa e4 Minutes of the City Council of Laurel Council Meeting of July 18, 1989 Motion by Alderman Dickerson that Resolution No. 2406 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. RESOLUTION NO. 2407 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 AND STREET SIGNS IN WHITFIELD SHERIDAN SUBDIVISION Motion by Alderman Collins that Resolution No. 2407 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RESOLUTION NO. 2408 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 104 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF PAVING IN MURRAY HEIGHTS SUBDIVISION Motion by Alderman Marshall that Resolution No. 2408 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. RESOLUTION NO. 2409 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 105 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF PAVING IN LAURMAC AND WARD SUBDIVISIONS Motion by Alderman Dickerson that Resolution No. 2409 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. RESOLUTION NO. 2410 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 106 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF PAVING IN MTN VISTA, MALIT, WILLOW CREEK, CASA LINDA AND LAURMAC SUBDIVISIONS Motion by Alderman Dickerson that Resolution No. 2410 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RESOLUTION NO. 2411 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 108 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF PAVING AND STORM DRAINS IN MURRAY HEIGHTS Motion by Alderman Dickerson that Resolution No. 2411 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RESOLUTION NO. 2412 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 AND GUTTER, DRIVEWAY, SANITARY SEWER AND WATER IN MURRAY HEIGHTS SUBDIVISION Motion by Alderman Dickerson that Resolution No. 2412 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. Page5 Minutes of the City Council of Laurel Council Meeting of July 18, 1989 RESOLUTION AUTHORIZING BUDGET TRANSFERS FOR FISCAL YEAR 1988-89: RESOLUTION NO. 2413 BEING A RESOLUTION AUTHORIZING BUDGET TRANSFERS OR REVISIONS Motion by Alderman Dickerson that Resolution No. 2413 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. BN LOADING/UNLOADING ZONE: ORDINANCE NO. 950 (second reading) This item was not on the agenda so it will be voted on at the next council meeting. Dennis Brennan thanked the council for going along with his request for the loading/unloading zone but he said that after reading the ordinance regarding the designated area, he took it back to their safety committee and they felt this would be a problem. He understands why the council allowed this area but he said snow and ice buildup in this area could cause definite problems. Also~ he questioned how occupancy of the now vacant building would effect this zone at some future date. Dennis stated he measured the van they ride in and it is 16 1/2 feet long and with the doors open it measures 19 1/2 feet. What they would like is a 25 foot spot in front of the crew quarters. More discussion followed regarding the problems this would pose for the council should other businesses request the same consideration. It was also suggested that the men work with BN to possibly make a loading area in their current parking lot which would not take additional customer parking space away from the businesses. Joe Bradley stated that this ordinance will not be voted on until the next council meeting and he suggested that Dennis contact someone from BN regarding the use of their parking lot to see if it is feasible or not. MOVING PERMIT FEE: ORDINANCE NO. 951 (second reading) This item was not on the agenda so it will be voted on at the next council meeting. COMMITTEE REPORTS: --Board of Adjustments Committee minutes of July 13, 1989 were presented and reviewed. Motion by Alderman Dickerson to enter Committee minutes of July 13, 1989, into Alderman Teeters. Motion carried 8--0. the Board of the record, Adjustments seconded by --Budget/Finance Committee minutes of July 5, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of July 5, 1989, into the record, seconded by Alderman Orr. Motion carried 8--0. --Budget/Finance Committee minutes of July 11, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to Committee minutes of July 11, 1989, into Alderman Dickerson. Motion carried 8--0. enter the Budget/Finance the record, seconded by --City Council Committee of the Whole minutes of July 5, 1989 were presented. Page Minutes of the City Council of Laurel Council Meeting of July 18, 1989 Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of July 5~ 1989, into the record, seconded by Alderman Collins. Motion carried 8--0. --City-County Planning Board minutes of July 14~ 1989 were presented and reviewed. Discussion followed regarding Mr. Cantrell's proposal and the issue of R.V.'s being parked on city streets. Motion by Alderman Orr to enter the City-County Planning Board minutes of July 14, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: Polli VanNice questioned whether there would be a public hearing regarding Mr. Cantrell~s request to de-annex. Joe Bradley stated that there is always a hearing when the city receives an application such as this and it is set for the August meeting. Polli also questioned whether there has been any correspondence between our City Council and LIFE, the advisory committee to the Livingston City Council. Bob Graham asked if Laurel could just submit a letter stating that we support them both ethically and morally rather than having our name in the lawsuit. Joe Bradley stated that he will check with Livingston and see if that would be enough or if they would want us to join the lawsuit. Bruce Teeters stated that he would like to see the letter before it is sent. Donna Kilpatrick, on behalf of the Chamber of Commerce is requesting permission to use Firemen~s Park for a petting zoo on July 21st and 22nd. Motion by Alderman Dickerson to allow the Chamber of Commerce to use Firemen~s Park for a petting zoo on July 2]st and 22nd, seconded by Alderman Graham. Motion carried 8--0. MAYOR'S COMMENTS: The Mayor appointed L. D. Collins to the Air Pollution Control Board. Motion by Alderman Marshall to confirm the Mayor's appointment of L.D. Collins to the Air Pollution Control Board, seconded by Alderman Orr. Motion carried 8--0. There being no further business to come before the Council at time, the meeting was adjourned at 8:05 p.m. Donald L. Hackmann, City Clerk this Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 1st day of August~ 1989. of ATTEST: Donald L. Hackmann, City Clerk