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HomeMy WebLinkAboutCity Council Minutes 10.06.1987Minutes of the City Council of Laurel October 6, 1987 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 October 6, 1987. COUNCIL MEMBERS PRESENT: Ervin Wood Chuck Dickerson Donald Meyers Rob Harris L. D. Collins Norman Orr Donna Kilpatrick Chuck Rodgers COUNCIL MEMEBERS ABSENT: INVOCATION: Invocation given by Reverend Holt. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of September 15, 1987, as presented, seconded by Alderman Collins. Carried. Eric and Shane Romee, Boy Scouts from Troop 414, were present. They are working on a mei~it badge. CORRESPONDENCE: Received a card from the family of Carol Wood expressing their appreciation for the gift of flowers. Received a copy of a letter to Jim Flisrand from Dennis Johnston regarding the landfill operation. Received a letter from Evelyn Crow resigning from the Laurel Library Board of Trustees. Motion by Alderman Collins to accept the resignation of Evelyn Crow from the Library Board, seconded by Alderman Dickerson. Motion carried 8--0. Received a letter from A Haus of Realty, complimenting the women employees at City Hall for their courtesy and efficiency. Received a memo from the Montana League of Cities and Towns regarding the workmen's comp. program. Received a letter from Phil Curry, Local 316 A.F.S.C.M.E. requesting meeting dates to discuss some problems. Received a letter of resignation from George E. Schneider, effective September 25, 1987. CLAIMS: Claims for the month o~ September, 1987, were reviewed by the Budget/ Finance Committee and recommended that they be paid. Motion by Alderman Harris to pay the claims for the month of September, seconded by Alderwoman Kilpatrick. Motion carried 8--0. CITY CLERK'S AND CITY TREASURER's FINANCIAL STATEMENT: The City Clerk's and City Treasurer's Financial Statement for the month of September was presented for approval. Motion by Alderwoman Kilpatrick that the City Clerk's and City Treasurer's Financial Statement for the month of September, 1987, be approved, seconded by Alderman Dickerson. Motion carried 8--0. Ordinance Amending The Availability Of Cemetery Perpetual Car~ Funds: ORDINANCE NO. 924 (first reading) AMENDING sEcTIoN 12.03.050, OF THE LAUREL MUNICIPAL CODE, ALLOWING USE OF PERPETUAL CARE FUNDS FOR CAPITAL PURCHASES UNDER CERTAIN CONDITIONS Motion by Alderman Dickerson that Ordinance No. 924 (first reading) be passed and adopted, seconded by Alderman Orr. Discussion followed and Rob stated his concerns to pay back the perpetual care fund if money is borrowed from there. He feels if the cemetery needs money from the perpetual care fund, it needs to be set up as a loan from perpetual care to the cemetery. page 2 Minutes of the City Council of Laurel at the October 6, 1987, council meeting. Joe stated that the way the ordinance is currently written, it makes no provisions for a pay back and this would need to be specified in a resolution on a per purchase basis. An alternative to this is to require it on every purchase by writing it into the ordinance. Motion by Alderman Dickerson to amend paragraph four of Ordinance No. 924 to add a requirement that all fund principal which is borrowed upon must be reimbursed over a maximum of five years upon such terms that the Council deems appropriate, seconded by Alderwoman Kilpatrick. Motion carried 8--0. At this time Ordinance No. 924 (first reading) as amended was voted on. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried 8--0. Award Bid On Back Hoe: Norman Orr stated the Cemetery Committee recommended that the City buy the John Deere Backhoe from Hall-Perry Machinery Co. for $24,000.00. Motion by Alderman Orr to award the bid to Hall-Perry Machinery Co. for a John Deere Backhoe in the amount of $24,000.00, seconded by Alderman Meyers. Motion carried 8--0. City Landfill Opeation: Jim Flisrand stated the landfill was inspected by the State Solid Waste Bureau and they noticed the contractor was in ground water. A class two Landfill (of which Laurel's is) will not allow house- hold garbage to be buried where there is ground water. The contractor would like to use the "surface application method" until a solution can be found. He is proposing a temporary transfer, by which he would haul to Billings, providing the State would grant the City a permit to do this. Dennis Johnston, landfill contractor, stated that since he ran into the water problem, he feels moving out of that pit and digging another one would be more costly than to haul the garbage to Billings. Ground water doesn't mean just water found in the bottom of the pit. It includes that water which runs in from the banks also. When digging the new pit they hit shale about twelve feet down and water is running in from there and also coming in from the bottom. The State requires that a pit be ten feet above the water table and this would leave a two foot trench in which to bury garbage. Dennis stated it's possible to move over 30 to 40 feet and dig another pit but there is no guarantee that he wouldn't hit water again since that area has water spots all over it. He stated they spent $3,500.00 digging a hole which is good for nothing now. Instead of taking another chance with a new pit, Dennis would like to fulfill his contract with the City by hauling to Billings at no additional cost to the City. Jim stated the City has an indefinate lease with the State to use the land for landfill purposes and would not lose the land if it was used as a transfer site, but it would require a permit to do so. The pit can still be used for trees, brush and things of that nature, but the State has the option to reclassify it and give it a Class III rating which would allow only that type of garbage and the City could request a Class II rating at a later date if needed. If this transfer takes place the City of Billings will want a contract with the City of Laurel to haul garbage to their pit and Laurel will have to pay the City of Billings directly so, by no additional cost to us, we would be paying Dennis Johnston less money to even out the total contract amount which we are paying now. Dennis's contract runs for another 14 months with the City of Laurel. Don Meyers stated the Garbage Committee met and recommended to maintain a Class III landfill and to pursue a temporary transfer permit. Motion by Alderman Meyers that the City maintain at least a Class III landfill, that they pursue a transfer si~epermit, and that they negotiate a contract amendment with Dennis Johnston and report back to the Council for final approval, seconded by Alderman Orr. Upon further discussion Jim stated the City leases 10 acres from the State for the landfill and in correspondence with them he said they have no problem with additional leases by which we could possibly get land located on · a higher plain. page 3 Minutes of the City COuncil of Laurel at the October 6, 1987, council meeting. Don Meyers spoke his:~concerns tha~ the City~iwould~be responsible for any damage to other property owners if their land is contaminated by water from the landfill. Don Hackmann stated landfill pollution is not covered under the City's liability insurance. At this time the motion was voted on. There being a division of the house, a roll call vote was taken. Alderman Rodgers, Dickerson, Meyers, Harris and Orr voted, "Yes." Alderwoman Kilpatrick and Alder- men Collins and Wood voted, "No." Motion carried 5--3. Allow Certain Retail Commercial Activities In Light Industrial Zones: ORDINANCE NO. 923 (second reading) AMENDING SECTION 17.32.010, LAUREL MUNICIPAL CODE, TO ALLOW CERTAIN RETAIL COMMERCIAL ACTIVITIES IN LIGHT INDUSTRIAL ZONES. Public hearing - no comments. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Meyers. Motion carried 8--0. Motion by Alderman Dickerson that Ordinance No. 923 (second reading) be passed and adopted, seconded by Alderman Orr. Discussion followed and Cal explained that the reason for this ordinance is to relax the specific requirements of the ordinance. Most zoning codes are of a cumulative nature and what is allowed in one zone is also allowed in a lower zone, but Laurel has a much more restrictive code. This change would allow a retail activity to operate in a light industrial zone if they choose to do so. At this time the motion was voted on. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried 8--0. Ordinance Designating Truck Routes: Joe Bradley stated the Council needs to read the ordinance before making a motion on it because there may be changes they would like to make. Joe and Jim got together and listed all streets they felt were appropriate to carry truck traffic and these streets are: First Avenue North and South, East Main Street and West Main Street, West Railroad Street, Eigh~Avenue North, and West Twelfth Street (this includes the City's portion only). The weight limit is two tons which Jim feels is adequate for our streets. L. D. Collins stated they may want to include some requirements specifically directed at house movers. If they do not have enough wheels on the trailer which carries the house, it really tears up the streets when turning corners. They may consider putting a load limit per wheel or axle on trucks such as this. The Mayor referred this item to the Street and Alley Committee for further study and to make recommedations. Ordinance Regarding Bonfires: Joe stated that the bonfire that the high school students held was actually illegal in reference to our existing ordinance. He is asking some guidance from the Council in this matter. If they are willing to allow a bonfire every year then they need to change the' ordinance to allow for this. The Council directed Joe to draw up an ordiance modifying our current one to allow recreational bonfires that have been cleared with the fire department. Cancelling Old Warrants: RESOLUTION NO. 2314 BEING A RESOLUTION CANCELLING CERTAIN WARRANTS OF THE CITY OF LAUREL, MONTANA, WHICH ARE OVER ONE (1) YEAR OLD, PURSUANT TO MCA 7-6-4303. Motion by Alderman Dickerson that Resolution No. and adopted, seconded by Alderwoman Kilpatrick. 2314 be passed page4 Minutes of the City Council of Laurel October 6, 1987, council meeting Don Hackmann stated there is a new state law, effective October 1st, 1987, which allows a city to charge off outstanding warrants which are over one year old. The old law required eight years before charging off. The motion was voted upon and carried 8--0. COMMITTEE REPORTS: --Cemetery Committee minutes of September 21, reviewed. 1987, were presented and Ernie Davis checked into the cost of digging a well at the cemetery and reported it would cost $2,500.00. Motion by Alderman Orr to enter the Cemetery Committtee minutes of September 21, 1987, into the record, seconded by Alderman Meyers. Motion carried 8--0. --City Council Committee of the Whole minutes of September 15, 1987 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of September 15, 1987, into the record, seconded by Alderman Collins. Motion carried 8--0. --Garbage Committee minutes of October 5, 1987, were presented. Motion by Alderman Meyers to enter the Garbage Committee minutes of October 5, 1987, into the record, seconded by Alderman Orr. Motion carried 8--0. --Park Committee minutes of September 28, 1987, were presented and reviewed. Motion by Alderwoman Kilpatrick to accept the committee's recommendation to have Montana Power install a light near the con- cession stand in Thompson Park, seconded by Alderman Dickerson. Motion carried 8--0. Jim stated the cost will be approximately $9.00 per month instead of the $8.00 stated in the committee meeting. Motion by Alderwoman Kilpatrick to accept the committee recommendation to re-apply for the Fish and Game grant for the Thompson Park renovation, seconded by Alderman Harris. Motion carried 8-'0. Motion by Alderwoman Kilpatrick to enter the Park Committe minutes of September 28, 1987, into the record, seconded by Alderman Harris. Motion carried 8--0. MEETING DATES: A Police Committee meeting is scheduled for Thursday, at 5:30 p.m~ at the safety complex. October 8, 1987, The License Committee will meet on Monday October 19, 1987, at 5:30 p.m. (the City Clerk has since been informed that this meeting will be held October 14, 1987 at 5:30 p,m.). The Ambulance Committee meeting scheduled for October 13th has been changed to Wednesday, October 14, 1987. The Street and Alley Committee will meet on October 15, 1987. A Public Utilities Committee meeting will be held on Tuesday, October 13, 1987 at 5:00 p.m. Open house will be held at the Fire Hall on Wednesday, October 7, 1987, from 7:00 - 9:00 p.m. Village Subdivision Association: Chuck Dickerson reported that he received a call from John Oakes who lives in Village Subdivision. John has spoken to many homeowners who are interested in starting an association to help get things done in Village Subdivision. A meeting has been scheduled for October 19, 1987, at 7:00 p.m. at City Hall. pa eS Minutes of the City Council of Laurel October 6, 1987, council meeting. Neighborhood Watch Signs: Jim Flisrand stated that the Neighborhood Watch signs are not going to be able to be hung on many of the existing street signs because they do not meet the seven foot clearance that is required. Discussion on this was delayed till a later date. MAYOR'S COMMENTS: Mayor Gauthier appointed Sue Carter to the Laurel Library Board of Trustees. Motion by Alderman Dickerson to confirm the appointment of Sue Carter to the Laurel Library Board of Trustees, seconded by Alderman Orr. Motion carried 8--0. All Department Heads and Council Members are invited to a luncheon with MDU to get acquainted with new memebers on both staffs. The luncheon will be held on October 21st, at the Owl Cafe. Each person will be responsible for payi~ their own.,wa~ . Mayor;Ga~thier stated the County would like a uniform nudity ordinance. They have drawn up some preliminary examples which the Mayor will pass Out. He is asking the members to review these and it will be discussed at the next council meeting. He will then take the Council's findings to the County meeting scheduled for October 22nd. The Mayor called for a Personnel Committee meeting immediately following tonight's Council meeting.. 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 of Laurel, Montana, this 20th day of October, 1987~ ATTEST: Donald L. Hackmann, City Clerk