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HomeMy WebLinkAboutCity Council Minutes 08.15.1989Minutes of the City Council of Laurel August 15, 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 August 15, 1989. COUNCIL MEMBERS PRESENT: Ron Marshall Donna Kilpatrick Chuck Rodgers COUNCIL MEMBERS ABSENT: Bob Graham Chuck Dickerson L.D. Collins Norman Orr Bruce Teeters INVOCATION: Invocation was given by Reverend Speare. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of August 1, 1989, as presented, seconded by Alderman Orr. Motion carried 6--0. Motion by Alderman Dickerson to approve the minutes of the Special Council meetings of August 7, 1989, as presented, seconded by Alderman Orr. Motion carried 6--0. CORRESPONDENCE: Received the minutes and activity report from the Air Pollution Control Board for the month of August. Received a letter from Laurel Museum, Inc. asking to withdraw their request to share space with the Laurel Chamber Of Commerce. Received a letter from the Herbstfest Committee requesting permission to have the Herbstfest Parade on Saturday, September 23rd at 10:30 a.m. The route will remain the same as last year. Motion by Alderman Dickerson to grant the Herbstfest Committee permission to hold a parade on Saturday, September 23rd at 10:30 a.m., seconded by Alderman Orr. Motion carried 6--0. Received a letter of resignation from Chloe Kaelberer as Ambulance Director, effective July 31, 1989. Motion by Alderman Dickerson to accept the resignation of Chloe Kaelberer as Ambulance Director, effective July 31, 1989, seconded by Alderman Collins. Motion carried 6a-0. This item was referred to the Ambulance Committee who will meet on Tuesday, August 22nd at 7:00 p.m. Received a letter of resignation from Claude Cory for the Airport Authority and the Board of Adjustments, effective no later than September 1st. Motion by Alderman Dickerson to accept the resignation of Claude Cory. from the Airport Authority and the Board of Adjustments, effective no later than September 1st, seconded by Alderman Orr. Motion carried 6--0. Received a letter from Cal Cumin recommending approval to re-plat and de-annex a portion of Cherry Hills Subdivision 2nd filing, subject to six conditions (see letter). CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of July were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of July, 1989, be approved, seconded by Alderman Marshall. Motion carried 6--0. Page 2 Minutes of the City Council of Laurel Council Meeting of August, 15 1989 LOADING & UNLOADING ZONE: ORDINANCE NO. 950 (second reading) AMENDING SECTION 10.24.140, OF THE LAUREL MUNICIPAL CODE, TO INCREASE TIME ALLOWED FOR LOADING AND UNLOADING PASSENGERS IN PASSENGER LOADING ZONE, AND PROVIDING FOR SPECIFICATION OF SUCH ZONES IN THE CITY At the August 1st council meeting Ordinance No. 950 (second reading) was voted on and it was a tie vote. Joe Bradley explained that in this case the Mayor cannot break the tie because he was not present at that meeting and the ordinance stands defeated because the motion to approve it did not pass. Joe said the only way it can be brought up again is to have one councilman who voted against it at the August 1st meeting make a motion to reconsider it. The motion to reconsider would have to pass by a two-thirds vote, then it would be brought up for discussion again and finally, there would be a new council vote where the Mayor could vote if it happens to be a tie. Motion by Alderman Orr that Ordinance No. 950 (second reading) be brought up for reconsideration, seconded by Alderman Marshall. Motion carried 4--2 with Aldermen Rodgers and Dickerson voting, "NO." The motion from the last meeting was made by Alderman Graham that Ordinance No. 960 (second reading) be passed and adopted, seconded by Alderman Marshall. A roll call vote was taken and all aldermen voted, "YES" except Aldermen Dickerson and Rodgers who voted, "NO." Motion carried 4--2. CHAMBER OF COMMERCE: The Mayor stated Laurel space with the Chamber the council and he will Museum, Inc. withdrew their request to share of Commerce in a letter of correspondence to honor this withdrawal. PAUL THOMAE - UNLOADING TRUCKS IN FRONT OF HIS BUSINESS: .Joe Bradley stated that Paul Thomae is here tonight because of the letter he wrote to Paul per council's instructions regarding complaints received concerning the unloading of trucks in front of bis business on Main Street. Main Street is a state highway and the state is insisting that he not unload on Main Street and the city also has ordinances prohibiting this. Joe said a few years ago this was brought before council decided not to give him specific approval ignore it unless problems arise and at this time complaints received. the council and the to do this but just there have been two Paul Thomae stated that he is hurt that certain people can cause such problems. He has been unloading for seven years in front of his business and to his knowledge there has never been an accident. He feels that if there is a problem the police would let him know at that time. He stated he came to the council and has followed their suggestions to make it safe. In Joe's letter it stated that there were numerous complaints but when Paul checked with the police station there were only two complaints and both were made from city hall under the direction of the same person. Paul stated he did not know why someone did not come and talk to him first. Mr. Flisrand was suppose to and he has not, yet the city went. to the state before even talking to him and it has created a terrible problem for him, Page3 Minutes of the City Council of Laurel Council Meeting of August, 15 1989 Paul stated he has the option of redoing a lot so it would support a truck at the cost of $ 10~000.00~ which he does not have. He said that if he is not allowed to unload on the state highway it will also effect all the pop and beer trucks and the Greyhound bus because the city cannot discriminate against just him. Paul drew a diagram for the council and explained what traffic is cut off and the time involved when he unloads on Main Street and what it would involve if he were forced to unload on Washington or Wyoming. He said when the truck unloads it is there for approximately 30 minutes. In closing Paul stated he has nine full time and three part time employees that he has to look out for and he is not BN or the refinery~ but just a small businessman trying to make it in Laurel. In response to the fact that L.D. Collins is the one that made the complaints, L.D. said he is the Chairman of the Street and Alley Committee and he had no choice but to turn him in after he received two complaints. L.D. said the committee also instructed Jim Flisrand to contact the state concerning whether Paul is allowed to unload there. More discussion followed and it was suggested that Thomae's apply to the state for a permit to unload on Main Street. It was decided not to make a decision regarding this matter until Jim Flisrand contacts the state to see if permits are, in fact available for this type of thing. If they are, it will be Thomae~s responsibility to apply for it. A report will be given at the next council meeting. REPORT ON EQUIPMENT FINDERS: Jim Flisrand report that the foundation has been poured, the water and sewer lines are in and the building will definitely be moved on site in the next day or two. KEEPING OF PIGEONS IN CITY LIMITS FOR FALCONRY PURPOSES: ORDINANCE NO. 952 (first reading) AMENDING SECTION 7.04.020 OF THE LAUREL MUNICIPAL CODE TO ALLOW A LIMITED NUMBER OF PIGEONS TO BE KEPT WITHIN THE CITY LIMITS FOR FALCONRY PURPOSES ONLY Motion by Alderman Marshall that Ordinance No. 952 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and Aldermen Collins and Orr voted, "YES" and Alderwoman Kilpatrick and Aldermen Dickerson, Rodgers and Marshall voted, "NO." Motion failed 4--2. CABLE TV FRANCHISE: RESOLUTION NO. 2415 RENEWING CABLE TV FRANCHISE PURSUANT TO TITLE 5, CHAPTER 521 LAUREL MUNICIPAL CODE, FOR A PERIOD OF FIFTEEN YEARS Motion by Alderman Dickerson that Resolution No. 2416 be passed and adopted, seconded by Alderman Orr. Motion carried 6--0. DE-ANNEXATION & RE-PLATTING PORTIONS OF CHERRY HILLS SUBDIVISION, 2ND FILING (CANTRELL PROPERTY): Cal Cumin said the Planning Board recommended that the application from Jerold Cantrell to re-plat and de-annex a portion of Cherry Hills Subdivision be approved subject to the six following conditions~ Pa e4 Minutes of the City Council of Laurel Council Meeting of August, 15 1989 that the right-of-way (ROW) consisting of Betty Avenue connecting to Cherry Hills Drive connecting to 12th Street be left entirely as platted as should that area lying east and southwest of this roadway; that Cantrell be allowed to de-annex all of his property west and north of the Betty Avenue-Cherry Hills Drive ROW; that Cantrell be allowed to re-plat the area to be de-annexed into a single large tract; that all affected utility companies sign the final plat showing their awareness and consent to the action; 3. 4. 5. that a title report for all of the subject property be prepared and accompany the submission of the final plat and the title report be current as of the date of submission of the final plat; and that all tax payments be current on the land to be re-platted. Alderman Dickerson to have Joe Bradley draw up a a portion of Cherry Hills by Alderman Orr. Motion carried Motion by resolution of intent to de-annex Subdivision, 2nd Filing, seconded 6--1. MISC. TAX RESOLUTION FOR SEWER, GARBAGE, & FROZEN WATER METERS: RESOLUTION NO. 2416 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY DESIGNATED AS GARBAGE DISTRICTS IN THE CITY OF LAUREL, FOR THE REMOVAL OF GARBAGE AND REFUSE Motion by Alderman Orr that Resolution No. 2416 be passed and adopted, seconded by Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2417 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL FOR ANY UNPAID SEWER CHARGES Motion by Alderman Rodgers that Resolution No. 2417 be passed and adopted, seconded by Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2418 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL, FOR WATER METER AND CURB BOX REPAIR Motion by Alderman Dickerson that Resolution No. 2418 be passed and adopted, seconded by Alderman Rodgers. Motion carried 6--0. ORDINANCE CREATING ASSISTANT PUBLIC WORKS DIRECTOR: ORDINANCE NO. 953 (first reading) SECTION 2.08.160, ASSISTANT DIRECTOR OF PUBLIC WORKS, OF THE LAUREL MUNICIPAL CODE Page 5 Council Meeting of August, 15 1989 Minutes of the City Council of Laurel Motion by Alderman 'Dickerson that Ordinance No. 953 reading) be passed and adopted, seconded by Alderman Marshall. call vote was taken and all aldermen voted, "YES." Motion 6--0. (first A roll carried ORDINANCE NO. 954 (first reading) SECTION 2.08.160 ASSISTANT DIRECTOR OF PUBLIC WORKS DUTIES, OF THE LAUREL MUNICIPAL CODE Motion by Alderman Dickerson that Ordinance No. 954 {first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES." Motion carried 6--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of August 15, 1989 were presented and reviewed. Motion by Alderman Marshall to enter the Budget/Finance Committee minutes of August 16, 1989, into the record, seconded by Alderman Orr. Motion carried 6--0. RESOLUTION NO. 2419 AUTHORIZING AN AGREEMENT WITH YELLOWSTONE BANK TO FINANCE THE BALANCE DUE ON NEW AIR PACKS. Motion by Alderman Dickerson that Resolution No. 2419 be passed and adopted, seconded by Alderman Marshall. Motion carried 6--0. Motion by Alderman Dickerson to accept the bid from Able Sprinklers in the amount of $ 9,245.00 for the sprinkling system in Thomson Park, seconded by Alderman Marshall. Motion carried 6--0. Motion by Alderman Marshall to accept both bids from Wyoming Sandblasting and Painting for sandblasting in the amount of $ 6,348.00 and coal tar application in the amount of $ 3,891.00, seconded by Alderwoman Kilpatrick. Motion carried 6--0. --Budget/Finance Committee minutes of August 7, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of August 7, 1989, into the Alderman Marshall. Motion carried 6--0. the Budget/Finance record, seconded by --Parks Committee minutes of August 10, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of August 10, 1989, into the record, seconded by Dickerson. Motion carried 6--0. Committee Alderman --Public Utilities Committee minutes of August ld, 1989 were presented and reviewed. Motion by Alderman Marshall to accept the committee's recommendation to adjust Culligan~s sewer rate to actual rather than the average, retroactive to May 1, 1989~ seconded by Alderman Rodgers. Motion carried 6--0. Motion by Alderman accounts in the amount of Motion carried 6--0. Collins to charge off delinquent water $ 1,637.80, seconded by Alderman Marshall. Discussion followed and Jim Flisrand explained the situation regarding Terry Fink's water and sewer lines. Page6 Minutes of the City COuncil of Laurel Council Meeting of August, 15 1989 Motion by Alderman Collins to enter the Public Utilities Committee minutes of August 14, 1989, into the record, seconded by Alderman Orr. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: None MAYOR'S COMMENTS: The Mayor proclaimed September 1st to the 4th as Stars and Stripes Days for the Jaycees. The Mayor appointed Marvin Carter to the Board of Adjustments, effective September 1st to fill the seat vacated by Claude Cory. Motion by Alderman Orr to accept, the Mayor's appointment of Marvin Carter to the Board of Adjustments, effective September 1st, seconded by Alderman Collins. Motion carried 6--0. There will be a Garbage Committee meeting on Tuesday, August 29th where the bids for the new garbage truck will be opened. There being no further business to come before the Council at this time, the meeting was adjourned at 8:45 p.m. $~aron ~erman, Deputy ~it~ Cler~ Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 6th day of September, 1989. of ATTEST: Donald L. Hackmann, City Clerk