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HomeMy WebLinkAboutCity Council Minutes 09.05.1989Minutes of the City Council of Laurel September 5, 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 7:03 p.m., on September 5, 1989. COUNCIL MEMBERS PRESENT: Ron Marshall Donna Kilpatrick Chuck Rodgers L.D. Collins Chuck Dickerson Norman Orr Bruce Teeters COUNCIL MEMBERS ABSENT: Bob Graham INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of August 15, 1989, as presented, seconded by Alderman Orr. Motion carried 7--0. CORRESPONDENCE: Received a "Thank You" card from the helping to make the dedication of the success. Laurel Women Chief Joseph in Business, in Statue a great Received a letter from Marjorie Smith of Tipp City, Ohio regarding some poor conditions at Riverside Park. Received a notice of District Court Sentencing for Ernie Davis which is set for September 22nd. Received a request from Terry Fink, owner of the Caboose Saloon, to close South Seventh Avenue on Sunday, September 17, 1989 from 9:00 a.m. to 8:00 p.m. for an annual pig roast and rod run. Received a letter of resignation from Jim Flisrand, DPW, effective September 22, 1989. Motion by Alderman Orr to accept DPW, effective September 22, 1989, Motion carried 7--0. the resignation of Jim Flisrand, seconded by Alderman Marshall. Received a letter of resignation from Damon Swan, ambulance attendant, effective August 21, 1989. Motion ~2! Alderman Marshall to accept the resignation of Damon Swan as ambulance attendant, effective August 21, 1989, seconded by Alderman Dickerson. Motion carried 7--0. Received a letter of interest from Roy Zahm to serve on the Airport Authority Board. Received a letter from Mary Kasner recommending that Roy Zahm be appointed to the Airport Authority Board. Received a letter from Larry Herman, Attorney at Law, that the action commenced by Metro, Inc. was dismissed on July 7, 1989. Received a letter from W. Anderson Forsythe regarding Construction and the Waste Water Treatment Plant. Volk Received a letter from the State of Montana, Department of Revenue, Liquor Division regarding new or off premise liquor licenses or transfers of existing licenses. Received a memo from the State of Montana, Department of Health and Environmental Sciences, Solid and Hazardous Waste Bureau regarding the Cenex closure plan. Page2 Minutes of the City Council of Laurel Council Meeting of September 5, 1989 Received a memo from the State of Montana, Department of Health and Environmental Sciences, Water Quality Bureau regarding the Federal Construction Grants program for water pollution control facilities. There will be a public hearing on September 28th in Helena. Received a survey from the State of Montana, Department of Highways, regarding speed zones. This was given to Jim Flisrand. CLAIMS: Claims for the month of August were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion bY Alderwoman Kilpatrick to approve all claims in the amount of $ 209,036.42 for the month of August, seconded by Alderman Orr. Motion carried 7--0. RECONSIDERATION OF ORDINANCE NO. 952 - ALLOWING PIGEONS FOR FALCONRY PURPOSES: Glenn Hicks stated he was not asking for special consideration for himself but would like to see a law passed that would permit individuals to keep a limited number of pigeons. He stated Laurel is the first place he has lived where he is not allowed to keep pigeons. Chuck Rodgers stated he felt the ordinance was written specifically for the Hick's, regarding the falconry purposes. Joe Bradley said that if the Council would like, the ordinance can be changed to allow anyone to keep pigeons with the same limitations. The Council did not wish to reconsider this ordinance. A new ordinance will be drawn up and put on the agenda for the September 19th council meeting. THOMAE LUMBER - UNLOADING TRUCKS IN FRONT OF BUSINESS: Paul Thomae appeared to discuss unloading trucks in front of his business. Jim Flisrand spoke to Chad Lutey and he said no permit has ever been issued to Thomae Lumber for unloading of trucks and Chad indicated that there is no such permit available. Paul stated that he and the State Highway Department came to an agreement concerning this. He has purdhased canister cones and he will be unloading in the northwest travel lane leaving the southwest travel lane and the turning lane open for traffic. Paul spoke with Chad Lutey and they agreed to discuss and work out any problems that arise and he feels this is a livable agreement for everyone involved. Paul stated there is nothing in writing but the district manager said to use his own judgement and discretion concerning this. Joe Bradley stated that by having this agreement with the State, action is required by the Council. no TERRY FINK - WRITTEN REQUEST TO CLOSE SOUTH SEVENTH AVENUE: Terry Fink was not in attendance and the Council had questions regarding his request so Joe Bradley called him to see if he could come and answer some questions before the motion was voted on. Terry was not able to come but he did say he will have a rod run and the cars will come back and park on the street and he will barricade the street. He will have a band but it will stay inside the building and no liquor will be sold outside but he anticipates that some people may wander around the cars with a beer in their hands. It will all be over at 8:00 p.m. and the cars and barricades will be removed. Page3 Minutes of the City Council of Laurel Council Meeting of September $, 1989 Motion by Alderman Marshall to close South Seventh Avenue on Sunday, September 17th from 9:00 a.m. to 8:00 p.m. for a pig roast and rod run, seconded by Alderman Dickerson. Motion carried 7--0. AWARD BIDS ON GARBAGE TRUCK: The bids were opened on August 31, 1989 at a Garbage Committee meeting held at 5:00 p.m. Motion by Alderman Collins to accept the bid by H & K Truck Equipment in the amount of $ 113,748.00 for a tandem with a tag axle and a delivery date of 30 45 days~ seconded by Alderman Marshall. Cliff DeVous~ representing Tri-State Equipment~ stated he was told the bid accepted by the Garbage Committee does not meet specifications. Jim Flisrand explained the differences and stated they are minor ones. Cliff stated there are some major cost factors involved in these differences and he feels that if everyone had the option to bid a truck that was on their lot or available to them with these sizable exceptions, all bidders could have been more competitive. Bruce Teeters said he can see Cliff's position. Why put certain specifications out if we do not follow them? Jim Flisrand responded by saying that none specifications to the letter and it is up to one we feel will best meet our needs. of the bids follow the the city to choose the In response to a statement made by Cliff regarding the Peterbilt's which have right hand drive only, Donna asked Jim's opinion of this. Jim said opinions vary on this and he spoke to the City of Billings and they feel the left hand drive is necessary for safety reasons once you get out on the road. Jim said the trucks are built for right hand drive only and there is no law stating you cannot drive down a road in a vehicle with right hand drive. More discussion followed concerning the necessity of getting a truck as soon as possible. The city has the landfill until December 31st but it needs to be landscaped and ready for state approval at that time. In order to meet the deadline, the landscaping must be done before freezing weather sets in, which may be as early as late November. This action would force Laurel to haul its garbage to Billings and the city would need to put back into service two older Pacmor trucks. These trucks would require repairs in the amount of $ 5,000 $ 8,000 to make them safe for pickup service and highway driving until delivery of the new truck is made. Joe Bradley feels the Council needs to postpone the awarding of the bids in order to allow the other bidders to give specifications on a truck that can be delivered within 60 days. Then, if the differences are greater than what we are looking at now, the council has grounds to award the bid as made in the motion. The question was called for on the motion after a lengthy discussion. Motion failed 7--0. Motion by Alderman Dickerson to accept the bid from H & K Truck Equipment in the amount of $ 112,681.00 plus $ 963.00 for a stone bennett shifter, seconded by Alderman Orr. Motion carried 7--0. RESOLUTION OF INTENT TO DE-ANNEX A PORTION SUBDIVISION, 2ND FILING: RESOLUTION NO. 2420 OF CHERRY HILLS NOTICE OF INTENT TO VACATE AND ABANDON CERTAIN DESCRIBED PORTIONS OF CHERRY HILLS SUBDIVISION SECOND FILING, IN THE CITY OF LAUREL, AND NOTICE OF INTENT TO EXCLUDE SAID VACATED AND ABANDONED PORTIONS FROM THE MUNICIPALITY Page4 Minutes of the City Council of Laurel Council Meeting of September 5, 1989 Joe Bradley stated this would be publicized in the newspaper on September 13th and 20th, then there would be a comment period for at least 20 days and the public hearing would be held on October l?tb. Joe left off a subsection on the first page and he would like to add it before anyone makes a motion. It should read; (c) all private utility companies would have to consent to this re-platting. The taxes must be paid on the land to be de-annexed. Motion by Alderman Orr that Resolution No. 2420 be passed and adopted, seconded by Alderman Dickerson. There being a division of the house a roll call vote was taken and Alderwoman Kilpatrick and Aldermen Teeters, Collins and Marshall voted, "NO." Aldermen Rodgers, Dickerson and Orr voted, "YES." Motion failed 4--3. ASSISTANT DIRECTOR OF PUBLIC WORKS: ORDINANCE NO. 953 (second reading) SECTION 2.08.160, ASSISTANT DIRECTOR OF PUBLIC WORKS, OF THE LAUREL MUNICIPAL CODE Public Hearing: no comment Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Orr. Motion carried 7--0. Motion ~Jl Alderman Dickerson that Ordinance No. 953 (second reading) be passed and adopted~ seconded by Alderman Marshall. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. DUTIES OF THE ASSISTANT DIRECTOR OF PUBLIC WORKS: ORDINANCE NO. 954 (second reading) SECTION 2.08.160 ASSISTANT DIRECTOR OF PUBLIC WORKS DUTIES, OF THE LAUREL MUNICIPAL CODE Public Hearing: no comment Motion ~ Alderman Dickerson to close the public hearing, seconded by Alderman Marshall. Motion carried 7--0. Motion ~ji Alderman Dickerson that Ordinance No. 954 (second reading) be passed and adopted, seconded by Alderman Marshall. A roll call vote was taken and all aldermen present voted~ "YES." Motion carried 7--0. COMMITTEE REPORTS: --Boar~~stment minutes of August 8, reviewed. 1989 were presented and Motion b.v Alderman Teeters to enter minutes of August 8, 1989, into the record, Motion carried 7--0. the Board of Adjustment seconded by Alderman Orr. --Ambulance Committee minutes of August 23, 1989 were presented and reviewed. Motion~ Alderman Teeters minutes of August 23, 1989, into Dickerson. Motion carried 7--0. to enter the the record, Ambulance seconded by Committee Alderman Bruce Teeters said Arrow Medical Services contacted him Friday afternoon and stated they would no longer honor their agreement to Pages Minutes of the City Council of Laurel Council Meeting of September 5, 1989 cover Laurel through September 29th. They will cover through Monday, September 4th only. Bruce then contacted Billings Ambulance and they will cover the hours we need and want them to cover, responding from Billings. The Mayor encouraged anyone interested in serving on the ambulance crew to apply. --Ambulance Committee minutes of August 29th, 1989 were presented and reviewed. Motion by Alderman Teeters minutes of August 29~ 1989, into Marshall. Motion carried 7--0. to enter the the record, Ambulance seconded by Committee Alderman --City Council Committee of the Whole minutes of August 15, 1989 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of August 15, 1989, into the record, seconded by Alderman Collins. Motion carried ?--0. --City-County Planning Board minutes of August 10, 1989 were presented and reviewed. Motion by Board minutes Alderman Orr. Alderman Collins to enter the City-County Planning of August 10, 1989, into the record~ seconded by Motion carried 7--0. Discussion followed regarding Cantrell's de-annexation and Chuck Dickerson said the city could have gotten the tax money on this property and also some lots but the county is the one who will get it now. Donna Kilpatrick stated the city should not be forced into this and she feels the maintenance of the lots, should they be donated, would pose a problem for Laurel. --City License Committee and reviewed. minutes of August 30, 1989 were presented Jeannie Hass of Hass Tavern Corporation was present. Motion by Alderman Collins to approve a city license for Hass Tavern Corporation, seconded by Alderman Orr. Motion carried 7--0. Motion by Alderman Collins to approve a city license for J & R Wrecker & Snow Bemoval~ seconded by Alderman Marshall. Motion carried 7--0. Motion by Alderman Collins to approve a city license for Happy Gardens, seconded by Alderman Marshall. Motion carried 7--0. Discussion followed regarding Family Auto Sales at 5th Avenue and Main Street. Motion minutes of Dickerson. by Alderman Collins to enter the City License August 30, 1989, into the record, seconded by Motion carried 7--0. Committee Alderman --Garbage Committee minutes of August 31, 1989, were presented and reviewed. Motion by Alderman Collins to enter the Garbage Committee minutes of Augus~ 31, 1989, into the record~ seconded by Alderman Dickerson. Motion carried ?--0. --Parks Committee minutes of August 17, 1989 were presented and reviewed. Motion by Alderwoman minutes of August 17, 1989, Motion carried 7--0. Kilpatrick to enter the Park Committee into the record, seconded by Alderman Orr. Page6 Minutes of the City Council of Laurel Council Meeting of September 5, 1989 Motion by Alderman Marshall to accept the committee's recommendation to dump excess street material in the northeast and southeast corner of South Meadow Park in Montana Meadows, seconded by Alderwoman Kilpatrick. Motion carried 7--0. --Park Committee minutes of August 24, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Park minutes of August 24, 1989, into the record, seconded by Dickerson. Motion carried 7--0. Committee Alderman Motion by Alderman Collins to grant the Christmas to Remember~ Laurel Arts & Crafts Guild and the Laurel Herbsfest permission to hold a festival in Firemen's Park on Friday, September 22nd, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Joe Bradley stated the Special Committee for Thomson Park Picnic Shelter met and there are plans for a building and Jim Flisrand has reviewed them. Committee members are now trying to find the least expensive way to build this. COMMENTS FROM THE AUDIENCE: Cal Cumin gave an update on the Port Authority. He said it was originally going to be a regional one and now looks to be just a county Port Authority. The nominating committee will consist of one elected official from Laurel~ one from Yellowstone County and two from Billings. Cal said Laurel will still have a vested interest in it but. it may be from a different aspect. RIVERSIDE PARK: Chuck Dickerson questioned whether anything has been done at Riverside Park in response to letters referring to the bad conditions. Jim Flisrand said barriers have been put up to keep cars off the grass and repairs have been made to picnic tables. As far as the wiring and plumbing, Jim agreed that they are in bad shape but he said there is no money in the budget to repair these items. Chuck Dickerson also reported that there is a vicious dog on East 8th Street. The owners live in the county but he said you cannot walk down East 8th without the dog coming out at you. Alan said that if the dog is on city property the city has jurisdiction but if it is on county property the city cannot do anything. Chuck Dickerson asked whether a resolution or ordinance can be drawn up requiring any city official, elected or appointed and any city employee to keep their property taxes and water bills current. Joe Bradley said we cannot draw up a city ordinance requiring the taxes to be kept current because it is not a state law. As far as the water bills, if they are not paid within 60 days, the water is turned off for nonpayment. Donna Kilpatrick questioned whether the trailer that was made into a stage for the centennial celebration was ever given to the city. Some felt the intent of the owner was to turn it over to the city but as of yet it has not been. Donna did say it has finally been moved out of the park. Chuck Dickerson said again he feels elected officials have an obligation to keep their taxes current. Joe Bradley responded by saying i!t is a political issue and if the voters agree with Chuck~s thinking, they do not have to vote that person into office. Polli VanNice questioned whether there are any residential requirements for being on the Airport Authority Board. The Mayor stated there is no requirement that they be from Laurel but it i~as been a practice to give preference to someone from Laurel if they are willing to serve. At this time one member is not from Laurel. The city will advertise one time for the vacant position on the Airport Authority Board. Page7 Minutes of the City Council of Laurel Council Meeting of September 5, 1989 An ad will also be placed in the newspaper one time for two vacant positions on the Police Commission. The Ambulance Committee will meet Wednesday, September 6th at 6:00 p.m. The Thomson Park Picnic Shelter Committee will meet Wednesday, September 6th at 2:00 p.m. The Police Committee will meet Thursday, September 7th at 5:30 p.m. MAYOR'S COMMENTS: The Mayor appointed Ron Marshall to the Public Utilities Committee to fill the unexpired term of Don Cahill. The Mayor delayed the appointment of an Ambulance Director until the next council meeting. There being no further business to come before tine Council at time, the meeting was adjourned at 8:55 p.m. Donald L. Hackmann, City Clerk this Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 19th day of September, 1989. of ATTEST: Donald L. Hackmann, City Clerk