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HomeMy WebLinkAboutCity Council Minutes 01.21.1986Minutes of the City Council of Laurel January 21, 1986 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 7:02 p.m., on January 21, 1986. COUNCIL MEMBERS PRESENT: Ervin Wood Chuck Dickerson Donna K±lpatrick Donald Meyers Mel Krug Rob Harris L. D. Collins Norman Orr COUNCIL MEMBERS ABSENT: none INVOCATION: Invocation given by Reverend Biller. Mayor Gauthier requested that an item be added to the agenda as No. 12A, a resolution changing the authorized signature on EPA documents regarding the wastewater treatment plant from the previous mayor to the current mayor. Motion by Alderman Kruq that the above mentioned resolution be added to the agenda as No. 12A, seconded by Alderman Dickerson. Motion carried 8--0. MINUTES: The City Clerk presented an amendment to the minutes regarding a snow removal complaint. Motion by Alderman Meyers to approve the minutes of the regular meeting of January 7, 1986, as amended, seconded by Alderman Dickerson. Carried. CORRESPONDENCE: Received a letter from a claims representative from the International Surplus Lines Insurance Company regarding the Public Officials and Employees Liability insurance. They were put on notice of a possible law suit by Asphalt Supply and they want to know who the City has retained as a defense firm and their hourly rates. Received a copy of a letter written to Jim Flisrand, Director of Public Works, from Barry Curtis, Vice President of Volk Construction, regarding claims they have submitted, namely claim #6 and #7. Received a letter from the Department of Health & Environmental Sciences, Water Quality Bureau, regarding an interim Federal construction inspection on January 15, 1986. Received the December, 1985, Activity Report from the Yellowstone County Air Pollution Control. Received a certified letter from the Department of Health & Environmental Sciences regarding the MPDES report program and that they have not received the progress report which was due August 14, 1985. Received a report from the Laurel Reserve & Auxiliary Police regarding the hours worked from July 1--December 31, 1985. Received a memo regarding a Yellowstone County Planning Workshop to be held Saturday, February 1, 1986, at the Billings Sheraton Hotel. Received a letter from the State of Montana Disaster & Emergency Services regarding the 19th Annual Governor's Conference on Disaster Preparedness for public officials to be held at Fairmont Hot Springs on February 19, 1986. Received a thank you from Russell Bray for the Personnel Committee's consider- ation of his application for the position of animal control and parking person. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENT FOR THE MONTH OF DECEMBER: The City Clerk and City Treasurer's Financial Statement for the month of December was presented for approval. Motion by Alderwoman Kilpatrick to approve the City Clerk and City Treasurer's Financial Statement as presented, seconded by Alderman Meyers. Motion carried 8--0. ASPHALT SUPPLY: RESOLUTION NO. 2180 REVOKING ASPHALT SUPPLY COMPANY'S CITY BUSINESS LICENSE Motion by Alderman Dickerson that Resolution No. 2180 be passed and adopted, seconded by Alderman Krug. Discussion followed. Rod Hartman, Attorney, representinq Asphalt Supply As you all know, we have appeared before the City Council on numerous occasions prior to this evening; and I've had discussions with Joe thanking him first of all for the opportunity to address you, and secondly promising him I'd keep this very brief. Ladies and Gentlemen of the City of Laurel, I have had the pleasure or privilege of representing Asphalt Supply & Service since the controversy page2 Minutes of the .City Council of Laurel regarding its licensing situation first arose. The citizens of Laurel have expressed, at least through part of the populace here, a feeling that Asphalt Supply & Service has not been everything that it was hoped it would be when it first came to Laurel and indeed to Yellowstone County, Montana. Asphalt Supply & Service is an out-of-state corporation that has come, at the invita- tion of local citizens, to this area to provide an investment and employment in the Laurel and Yellowstone County area. The Asphalt Supply & Service people have testified before you earlier that, at least in their own minds, they attempted to --before making a rather substantial three quarters of a million dollar investment in the Laurel area -- find out what it is they had to do to comply with the zoning and with City, County and State ordinances and regulations. In their minds, and they were assured from certain officials they had complied, with all that had been requested of them. They have been in operation for some 3 years. There, understandably, has been some mis- understanding and some deep-seeded unhappiness with the operation by residents who live in that general area. I do not need to rehash all of the what I would say is testimony but not evidence, that has been given in earlier meetings. I guess as the legal representative for Asphalt Supply & Service, I would like to appeal to you members of the City Council on two different fronts: 1) I urge you earnestly not to take the drastic and amost unheard of step of revoking the business license of Asphalt Supply & Service. First I would like to appeal to your sense of justice and that is, we have never yet had a scientifically proven shred of evidence that Asphalt Supply and Service has actually been in violation of any particularized ordinance or law. We have had accusations. No doubt, we have had several people talk about the difficulties that they have experienced, in their own minds, with the operation of Asphalt Supply & Service. But please do not forget, that most every official that testified in this matter has stated that since Asphalt Supply & Service has been in operation in the Laurel area, that the company has endeavored to cooperate and to improve on several different fronts, so as to be not only a contributor to this general economic base, but as a neighbor. Perhaps further improvement is warranted. Perhaps it is possible, but we appeal to you in the sense, and I understand this is not a jury and none of you are judges, and I have to always tell myself that I'm not making a closing argument, but we appeal to your sense of justice in this particular case by stating that we have not really had what is commonly known in American Jurisprudence as a trial. And it would be my opinion, and the position of Asphalt Supply & Service, that to take such a drastic step as to take away their investment and their right to do business and their contracted business for the coming year, would be a step that would be abhorrent to our way of justice and our way of doing legal business in this country. Perhaps the job is not done if the license is not revoked tonight. Perhaps Asphalt Supply & Service needs to sit down, and I pledge that they will, with various City officials and the City Council and the administrative part of the government here, to continue to try to improve -- if improvement is necessary -- to become the good neighbor and financial contributor that Asphalt Supply & Service wants to be in the community. 2) Secondly, Ladies and Gentlemen, I appeal to your sense of what Montana is all about. We are all reading in the newspapers that when out-of-state money comes into Montana they try to make a substantial investment to perhaps provide some employment for our children, for our friends, that for some reason there is an anti-business climate in Montana that is now going over the borders and is gaining attention across the country. A headline in today's Great Falls Tribune is but one example, and that is, apparently, another insurance company has decided it is going to boycott doing business in Montana because of a perceived atmosphere outside of the State, that Montanans are not really willing yet to go into partnership with money or partners that come from without the borders of the State of Montana. I could assure you that, knowing the people that run Asphalt Supply & Service, they like this area. They came here under the understanding that this area was an area that needed some employment and needed some economic stimulation. The company was ready to expand and to try to provide that kind of tax base, employment in the area. I would think it a tragedy if we sent a message, not only to Asphalt Supply & Service, but to other people who are interested in doing business in Yellowstone County, Laurel, Billings, Custer, wherever that we are going to take a drastic measure of revoking a business license once granted, prior to the time that a trial or any other commonly recognized proceeding has taken place. We would hope that you would consider what I've said in your vote tonight, that you would accept the invitation of Asphalt Supply & Service to work with you, to be a good neighbor, to continue to provide some economic stimulation for this area; and I, therefore, would urge that all of you exercise your good, decent, common sense, and your conscience and vote against the resolution that is before you this evening. I would like to thank you for the opportunity that you've extended me to speak with you on several other occasions and to pass along the same thanks page3 Minutes of the City Council of Laurel from the representatives from Asphalt that have appeared before you on prior occasions. Thank you very much. Ervin Wood The first meeting of December, 1985, 3 gentlemen from Asphalt Supply testified for the company. One of the gentlemen stated they were at the Council meeting the first Council meeting after Labor Day in 1983, and that they informed the Council at that time that they would be using naptha as a cutback for their asphalt products. I have here a copy of the Council minutes of September 6, 1983, and there is no mention whatsoever of the fact that they brought this up. I got the Council minutes of September 20, 1983, and Mr. Steve Duganz has an article about their smell in the air; and he was told that they would have a vapor-recovery system installed, which they did do. It states further that Mr. Duganz will keep in touch monthly with offices in Denver and Salt Lake City. If this vapor system is not installed when they open in the spring, that's when we go to the attorney, because the odors are considered a public nuisance. I'm here to testify that the vapor-recovery system didn't work, because they put it on and we still have the odor. Also, one of the gentlemen testified that they had tried to obtain land in other places, one of them being Park City. They were told they couldn't put a business there. I called the Stillwater County Commissioners. The commissioners stated they needed a County business license. No building permits were required. Park City is an unincorporated town. They could have put it anywhere they wanted as long as it was further than 200 ft. from anybody's house. There's also BN land available for lease west of Park City. I, therefore, feel that their entire operation is founded on a falsehood and I would like to recommend that we support this resolution. Rob Harris Mr. Hartman, you said earlier that Asphalt Supply would be willing to work on further improvements. Do you know to what extent? Have they given you a liberty to talk as to how much further improvements they did? Rod Hartman Rob, it seems to me -- and I'm sure that these people are willing to sit down with Mr. Duganz and some of your City officials to discuss whatever else may be necessary. I'm not an engineer and I don't know exactly what the technology is. I can tell you from my heart that what Asphalt Supply would rather do more than anything else, is work with this City and stay out of the court room. And again, that's another reason why I would maybe ask that this resolution not pass tonight; so that if someone in this City government has some time, we can gather someone up from Asphalt Supply & Service to meet with whatever resources we may have from the County or other governmental agencies, to sit down and work this out like it should. I can tell you this. I have no technology expertise but, you bet, they're willing to sit down and work with whomever, whatever time, to s£eif something can't be worked out. Donna Kilpatrick I would like to say, in the speech you just gave, you had an invitation to come to Laurel -- this company had an invitation. Who issued that invitation? Rod Hartman Ma'am, you were on the Council earlier, weren't you? Donna Kilpatrick No, I wasn't. Rod Hartman What I was referring to is we had some earlier testimony regarding the fact that Asphalt Supply, 3 or 4 years ago, decided that it could use an operation in Montana. They make a very special product that has some kind of resilient property in the asphalt-and things like that. They came up and did a survey, basically from Billings all the way up towards Boze- man, to discover what location they might most economically locate in and where they might be most needed. And the reception, I think earlier Mr. Wood has testified what happened in Park City, they would categorically deny what Mr. Wood said. Ervin Wood I'm sure of it. Rod Hartman The community, at the time that they met with, that seemed to be interested in getting new business with respect to new employment and increasing the tax base, was Laurel. Mr. Fletcher, you may have not heard him speak earlier, was the one who spoke with some of the various parties, some of who are in this room tonight, and, no, they did not get an engraved invitation but the reception was very warm here. To begin with, the relationship was most beneficial on both sides. So what I meant to say was, of all the places they checked into, Laurel seemed to them to be the ideal place where Laurel could benefit and also Asphalt Supply. Mel Kruq What have they done to try to move the business? Rod Hartman There are 2 fellows out there in the economical climate of America today. One of them is Gramm, the other Rudman, and I'm sure you have been reading about the Gramm-Rudman Federal budget cuts. You've also read about the 2% across the board spending cut our Governor of the State of Montana has ordered. We have looked all around, Alderman Krug, but we do not have any indication right now that any such funds exist. That is Minutes of the City Council of Laurel not to say that if members of this community and Asphalt Supply & Service people got together and did a comprehensive search they might not find something. I'm certainly not going to come before the Council tonight and lie and say that we even have a hope because we did check around and it's dead in City; and I just don't see any governmental funding that's going to be available in the near future. Mel Kruq I have another question, then. You state they're willing to sit down now. These complaints have been going on for 2 or 3 years. Why do they wait for such drastic measures? Rod Hartman I don't want to offend you, Councilman, and make this a hotter evening than it's going to be anyway. One of the things that struck the people from Asphalt Supply & Service is they were made aware on several occasions of some complaints. But I think that everyone in this room ought to realize of what went on here in the gathering together of petitions and having the police department assist in sending out or trying to get statements was done without the knowledge of Asphalt Supply &Service. I really think this is an unfortunate situation where some well-meaning citizens with some legitimate complaints, perhaps, got together to do what they felt was necessary to bring the problems that they consider to eminate from Asphalt Supply to the attention of the City. I do believe, and I hope I'm not out of place by saying, a lot of that activity and a lot of the gathering of that information was done without an invitation or scintilla of knowledge of the "investigation" being given Asphalt. For instance, we appeared here one evening and got several statements that had been amassed in the police department by complaining witnesses. No one from Asphalt ever had an inkling that kind of stuff was going on. I think it's unfortunate. I think perhaps we wouldn't have to be here had somebody just gone down to the gate and said, "Let's go to Denver and talk with these folks because here's what the complaints are." What happened was, it seemed to the people from Asphalt Supply & Service that by the time those statements had got gathered, by the time there was talk of revoking the license, there was nothing else they could do - that they were reduced to trying to defend the liability of the license. What I would like to do, if the vote is not to revoke tonight, I think everyone in this room, including Asphalt Supply & Service vicariously, needs to sit down and sit down without delay, and communicate like we're supposed to and see if this thing can't be worked out peacefully. Again, that's what their hope is. Ervin Wood Mr. Hartman, you stated that Asphalt Supply had no knowledge of anything like this going on. I believe it was July of last year I called Denver and offered to sell my house to these people. I believe I talked to the Financial Director. Of course, they said they did not want my house -- they weren't in that type of market. I told him I don't do anything behind anyone's back, but I was going to start a petition and wanted him to know about it. So they did have some knowledge. Rod Hartman I believe you were the one that owned the house, did you not, that Asphalt Supply & Service sent out their insurance company to inspect the shingles? Ervin Wood That is correct. No -- the siding. Rod Hartman I think the insurance company came out and they did provide some painting on the house. Ervin Wood They took 2 pieces of siding from the house and sent them in to Bozeman to find out if it was asphalt. I have no results. Joe Tobbin, who was the adjuster, stated I would be notified one way or the other. Rod Hartman And for the benefit of the Council, you will admit, sir, that Tobbin works for an insurance adjustment company and not Asphalt Supply. Ervin Wood Right. Rod Hartman My point is that you didn't go out and try to pull the wool over these people's eyes while you passed these petitions around. Ervin Wood No, I didn't. Rod Hartman My point, Mr. Wood, is simply this. By the time you read in the paper that you may lose your entire investment, because the feeling is at such a depth, that there's nothing else left to do; and you didn't have any meaningful input into the process before that. That's where I think this whole situation got off of kilter. And by the time they actually found it necessary to come up and hire some legal counsel and get into this, it wasn't where I hoped it would have been -- where every- body could sit down and find out what was necessary. But, OK, it was Asphalt. Your back is against the wall. We're going to take away your right to do business. I think that's not an irrevocable situation. I page5 Minutes of the City Council of Laurel think if the vote tonight is not to revoke the license, that we have got to get some elbow grease and get some people with some time and willingness to sit down and work this situation out -- whether it's improved equipment or whether we can go out and find relocation lines. Ervin Wood Then you're saying, sit down and talk this over. Before you stated with City officials or whoever. Would that also include nearby residents? Rod Hartman Absolutely. I would think the Mayor here would have every power and right in the world, I don't know what you would call it -- whether you would call it "ad hoc committee" or what. I would think this is a significant enough case that the Governor of the State of Montana, Ted Schwinden, ought to be contacted. Build Montana Program ought t~ be contacted, and it's important enough for this community and for this county that all of those people get put together and to work out a peaceful solution on this. Ervin Wood Then how long do you feel that this would take? Rod Hartman That's up to whoever is going to appoint the committee, and I'm not here to set down the rules. Ervin Wood What I'm saying is, how long, if these meetings did take place, how long do you think it would take to resolve the problems that we have? If it's going to be 5 or 10 ~years, then I've got to live there and suffer. Somebody is going %o pay. Rod Hartman Somebody may have to pay. But don't you think, sir, that when we're talking about a local community and jobs and taxes, ? Ervin Wood How many jobs came from Laurel? To the best of my knowledge, you had one and you fired him. Rod Hartman To the best of my knowledge,sir, if you want to talk about the annual people that work out there, there's seasonal employees and there's full-time employees. Ervin Wood Are they all from Laurel? Rod Hartman They have been, on and off, from Laurel. But you would have to understand, also, that a $750,000 plant has a ripple effect around this community with respect to truck drivers and all well. Ervin Wood Rod Hartman Ervin Wood Rod Hartman Ervin Wood kinds of other people as And taxes? And taxes. They do pay taxes. Do you have any idea how much they pay in City taxes a year? I have no idea. I haven't been asked. I will check this out because I feel that the majority of the City taxes they have paid, have already been used up fighting the fires. Rod Hartman Sir, I think that's your perogative, and I think that again points Out the need to not take hasty or drastic action this evening. These are the kinds of questions that should be put on the table and addressed openly by all sides. How long is it going to take? I can't sit here and tell you how long it is going to take or should take. I think we all owe ~t to ourselves, however, and to our State, to take some time at least to see what can be worked out. Ervin Wood Thank you. Rod Hartman Thank you. Rob Harris I think for maybe a point of clarification to the audience, that we had an earlier briefing with the City Attorney and that if the vote should be that we revoke the license of Asphalt Supply, there will probably be a lawsuit filed right away. And in the lawsuit, they will probably be able to continue to operate regardless, for a period of time until a judge will make his judgement on it. So I would like to -- correct me if I'm wrong, Joe -- at this time to make an amendment to the resolution for a 6 month time extention to July 1, 1986, to Work out all the problems that are currently plaguing the City, and for Asphalt Supply to come within codes of all City, Federal and State codes. Rob so moved to make that in a form of an amendment, seconded by Alderman Meyers. Joe Bradley I don't think you really have to amend the motion there, but you can just table the consideration of the resolution until July 1st. That would probably be the best way to go. Rob Harris It would be the same effect -- that Asphalt Supply will continue to operate regardless if we revoke their license tonight, anyway. Mel Kruq Could you clarify that -- what Rob is saying -- in legal terms page6 Minutes of the City Council of Laurel or what might happen? Would the judge grant the injunction? Joe Bradley What I was discussing with Mr. Hartman on the phone today was: he indicates that there's a likelyhood they would file for injunctive relief against this resolution if it were to pass. In other words, they're asking a court to declare that Laurel either doesn't have the power to do this or did it incorrectly or some other defense like that. While that lawsuit was going on, and they can take quite a while, the question asked is what happens in the meantime? Does the plant operate or not? Usually. The rule of thumb is that a plant of this magnitude, with the money that's involved, would be allowed to continue to operate until a final judgement is made. And from the City's point of view, that's not a bad thing that can happen. If the judge would go against this, then we don't have any economic loss, monetary damages, that Asphalt could claim. It would take quite a while. Lawsuits are lengthy these days. I would estimate a year, roughly, before this thing will finally settle. If you wish to table this, then the process would be started July 1st or the first meeting in July. The year would go from there if the problems can't be resolved. Donna Kilpatrick The communication with this company hasn't been very good. How are we to insure that it will improve? The City Clerk mentioned that there is no discussion on the motion to table. Joe Bradley The motion was to amend. I don't know if you want to withdraw that motion. Alderman Meyers withdrew his second to the motion, and Alderman Harris withdrew his motion to amend Resolution No. 2180. Rod Hartman I would like to propose that if Mr. Harris's idea, which I think is an excellent one, is adopted by this Council, that the Mayor, perhaps, will appoint that sort of committee, including Mr. Bradley and myself, and anybody that's on the Council and residents and members from Asphalt Supply, too, and perhaps some State government officials -- a committee that must report to the Mayor, who must report to you, the City Council, about maintaining some certain lines of communication, creating some lines of communications and, perhaps, giving us some deadlines and parameters on what we're supposed to do and when we're supposed to do it. I could speak for Asphalt tonight when I say that they will participate. They will be glad to have the opportunity. They would be more than grateful for the time extended and will put in the time that's necessary. I understand Mr. Wood's concern. We would want everything to be something that this entire community can participate in. I think there's, possibly, solutions out there. But, I think we need the Mayor to exercise his leadership perogative and to form such a committee and set down rules that we all agree to abide by. I'm here to say that we will. Chuck Dickerson You're acting as counsel for Asphalt Supply, and in a sense, we're acting as a Council for the residents on the southside. As you can see, in the audience tonight, there are a lot of concerned citizens out there, which I'm sure the majority are from the southsideo If this is that major of an issue to them, I would assume that it would be that great of importance to Asphalt Supply. However, I do not see any representatives from Asphalt Supply here tonight. OK. I see some hands go up in the back, but I haven't seen those hands -- or faces here as far as the gentleman who spoke. To me this is where the assurance comes in that there's going to be this type of communication and this type of sitting down and talking across the table. Granted, you are assuring this and saying this. OK, fine. That also works for the extention, too. As far as getting this turned around and not vote on the resolution, as far as adopting this, I would think that if it was that important of an issue, that one of those gentlemen who did speak at the hearing would have been here tonight. Rod Hartman Joe Bradley and I have discussed exactly what kind of a situation this would be tonight. As you know, all those gentlemen have been here prior and have given testimony and have answered questions. We were told tonight we would not be giving any testimony nor would we be providing the Council any more "evidence." It would be a short hearing. Two of the gentlemen are now in Utah and one is in Denver. For that reason, after I talked with Mr. Bradley to ascertain what the meeting was going to be about tonight, at my suggestion, did not come. The local people who work in the plant, did come. Please don't take their absense this evening as any indication that they are not interested in this situation. They did not come simply because of the fact that tonight is not an evidence taking type situation. It's basically a debate on the vote. All I can tell you is from what little I know of these gentlemen, they will be here, or one of them will be here. Probably Mr. Fletcher. He will do all that's required and spend all the time that's required of him to try to work this out. Motion by Alderman Harris to table Resolution No. 2180 until July 1st, 1986, seconded by Alderman Meyers. page 7 Minutes of the City Council of Laurel Roll call vote was taken with the following aldermen answering: Dickerson NO Harris YES Orr YES Kilpatrick NO Meyers YES Krug YES Wood NO Collins NO Mayor Gauthier broke the tie with a YES vote. Motion carried. Resolution No. 2180 will be put on the July let agenda. At this time there was a 15 minute recess. MEA TIENSVOLD - 1984-85 AUDIT: Mel reviewed the auditor's comments that were on pages 41 and 42. Motion by Alderman Meyers to accept the audit report, seconded by Alderman Harris. Motion carried 8--0. RUTH BAKER - LIBRARY BOARD: Ruth appeared before the Council stating the Library Board is investigating the possibility of raising funds towards matching grants for a new library. There are two things we would like to have: 1) The approval of the Council, and 2) also a site that could be traded for where the present site is. Bob Gauthier stated he thinks the site we're still looking at is under investigation. Motion by Alderwoman Kilpatrick to allow the library to pursue their effect in obtaining a new library and trying to obtain funds to acquire a new building, seconded by Alderman Dickerson. Motion carried 8--0. RECOS~ENDATION ON SNOW REMOVAL: Mel Kruq stated the ordinance has been drawn up. However, after talking with Joe Bradley, Joe feels it would be better if it came out as a Mayor's Directive. Because, if we pass this ordinance, we (the City) have to pretty much follow the order of which streets to plow. Joe Bradley will draw up an ordinance concerning filling stations and parking lots, and the penalties people will get if not followed, also parking on snow removal routes. Joe Bradley Mel, I notice in subsection 2, you still recommend the residential streets be plowed to the curb and not removed. Is there a reason why you stuck with that after the complaints you heard last meeting? Mel Kruq Yes. We talked about that a lot. There were actually a greater amount of complaints when they used to plow the snow to the middle of the street. People couldn't see at intersections. People were getting constantly stuck backing out of their driveways. There were a lot of complaints the way it was. Not only that, but the asphalt deterioration. Ernie did a lot of checking on that. The snow sitting in the middle of the street means deteriorating asphalt would be greater plus, when it gets warmer, snow melting off to the side and freezing at night was just like black ice until it was gone. If we would have a winter like 78 or 79 and we plowed all the snow to the middle of the street, that's all we would have is snow in the middle of the street. There wouldn't be any street left. Bob Gauthier stated there is a piece of equipment we are looking at where an arm comes out to clear the driveway at the same time. This, here, is a directive for the rest of this winter, in Case we have more snow. Donna~Kilpatrick asked whether you plow it to the center or to the side, you still clear the intersection, don't you? Ernie Davis -No~ ~ ~> Rob Harris asked if we had an emergency route to follow. Ernie Davis stated he checked with the State office. To be a designated emergency snow route, it must be signed. Jim did some checking, and in order for the City to follow that would require about 750 signs. That's~ placing 2 per block per street -- around $4,000. It was also stated that Main Street is being maintained by the City. If we use leased equipment the State will reimburse us. South let Avenue is being maintained by the State and north on let Avenue is maintained strictly by us with no reimbursement. HANDICAP PARKING: Ordinance No. 827 !second reading) AMENDING SECTION 10.24.040C OF THE LAUREL MUNICIPAL CODE, TO PROVIDE THAT THE CHIEF OF POLICE SHALL POST SIGNS LIMITING CERTAIN PARKING PLACES TO USE BY HANDICAPPED PERSONS. page8 Minutes of the CitY Council of Laurel Motion by Alderman Meyers that Ordinance No. 827 (second reading) be passed and adopted, seconded by Alderman Dickersono Upon taking a roll call vote, all aldermen present voted YES~ Motion carried 8--0. Ordinance No. 828 (2nd reading) ADDING SECTION 10.68.025 TO THE LAUREL MUNICIPAL CODE, TO ESTABLISH PARKING SPACES FOR THE EXCLUSIVE USE OF HANDICAPPED PERSONS. Motion by Alderman Dickerson that Ordinance No. 828 (second reading) be passed and adopted, seconded by Alderman Krug. Upon taking a roll call vote, all aldermen present voted YES. Motion carried 8--0. RESOLUTION REGARDING RECORDS RETENTION: Resolution No. 2181 ADOPTION OF RECORDS DISPOSITION SCHEDULES FOR CITY OF LAUREL. Motion by Alderman Dickerson that Resolution No. 2181 be passed and adopted, seconded by Alderman Krug. Motion carried 8--0. FLOOD PLAIN AGREEMENT: Jim Flisrand stated we were contacted by the County Surveyor, Harlan Lund, in regard to the City taking over the administration. The recommendation by the City-County Planning Board was to go ahead and set up control for one mile, including the City limits and extending one mile beyond it for the Flood Plain Control. At this time the County office would like the City to take over this job. Motion by Alderman Krug to continue the Flood Plain Administrator's Agreement with Yellowstone County, seconded by Alderman Wood. Motion failed 0--8. The City will be their own administrator. Discussion. Cal Cumin stated regarding the Planning Board's recommendation, you have to know when something is proposing to be built. Right now the City knows what's happening inside the City limits because the area of building con- struction permits stops at the City limits. But the only way you could get a handle on somebody building in the flood plain is through the building permit process. The City-County Planning Board's recommendation was that the building permit process and the flood plain be under the same adminis- tration, be out one mile, and be done for a period of one year to see if Jim'~ department can handle it. Grace Edwards stated the Surveyor's Office used to have the flood plain maps in their office. Now it will be in the City of Laurel engineer's office. CHANGE OF AUTHORIZATION TO SIGN EPA DOCUMENTS: Resolution No. 2182 AUTHORIZING FILING OF APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE WATER POLLUTION CONTROL ACT AMENDMENTS (33, U.S.C. 1251 ET SEQ.) AND THE CLEAN WATER ACT OF 1977 P.L. 95-271. Motion by Alderman Meyers that Resolution No. 2182 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of January 7, 1986, were presented and reviewed. Motion by Alderman Krug to enter into the record the Budget/Finance Committee minutes of January 7, 1986, seconded by Alderman Dickerson. Motion carried 8--0. --City-County Planninq Board minutes of January 9, 1986, were presented and reviewed. Motion by Alderman Meyers to enter into the record the City-County Planning Board minutes of January 9, 1986, seconded by Alderman Krug. Motion carried 8--0. --Board of Adjustment minutes of January 14, 1986, were presented and reviewed. Motion by Alderman Meyers to enter into the record the Board of Adjustment minutes of January 14, 1986, seconded by Alderman Krug. Motion carried 8--0. Discussion followed. pa e9 Minutes of the City Council of Laurel Alderman Dickerson asked if an area is already zoned RMH, how can the owner do anything he wishes on that property? Cal Cumin I think what you are reading is the verbatim translation. The point that was tried to get across was if he wanted to put in mobile homes under the existing zoning, he could put in 7. --Street & Alley Committee minutes of January 16, 1986, were presented and reviewed. Motion by Alderman Kruq to enter into the record the Street & Alley Committee minutes of January 16, 1986, seconded by Alderman Meyers. Motion carried 8--0. Discussion followed on heavy trucks and equipment on Shannon Road. COMMENTS FROM THE AUDIENCE: none Alderman Dickerson stated the License Committee meeting will be Wednesday, January 29th at 5:45 p.m. Fire Committee meeting will be Monday, January 27th at 7:00 p.m. in the Complex. Park Committee meeting will be Monday, January 27th at 5:00 p.m. Garbage Committee meeting will be Monday, January 27th at 5:00 p.m. Alderman Harris commen~ed on the news media. If the TV stations and radio stations are going to continue to come to Council meetings, they can at least be on time and get their microphones set up ahead of time. There is no reason why they should disrupt the Council. Peq Kamerzel . ~ald she witnessed a similar situation recently at the County. Grace, how do you handle that? Grace Edwards It's really almost impossible to control; because they do have a right to come in. You might ask for a little courtesy, a letter might help also. I think the courts are the only ones successful in barring the news media from their trials. Joe Bradley to write a letter. MAYOR'S APPOINTMENTS: The Mayor appointed Mel Baker to the Public Utilities Committee. Motion by Alderman Harris to confirm the Mayor's appointment, seconded by Alderman Meyers. Motion carried 8--0. Bob also appointed Bill Brennan to the Park Committee. Motion by Alderman Orr to confirm the Mayor's appointment, seconded by Alderman Dickerson. Motion carried 8--0. The Mayor also mentioned the tour of the City will be tomorrow at 1:00 p.m. and 6:00 p.m. DALE SANFORD - METROPOLITAN LIFE: This is concerning a life insurance policy by payroll deduction. Motion by Alderman Meyers to allow payroll deduction if an insurance company has a minimum of 10 employees enrolled, seconded by Alderman Dickerson. Motion carried 8--0. Mayor Gauthier commented on legal liability. If at any time you feel un- comfortable around the press, call either Joe or myself. Alderman Dickerson thanked Grace Edwards for attending. Joe Bradley The Board of Adjustment is having problems with one of their members being habitually absent. That makes it rough because they only have 5 members, and they need 4 affirmative votes to pass anything. Joe asked Bob if they couldn't just contact this gentleman and ask him his intentions, and if he doesn't plan on attending any more, ask for his resignation. There being no further business to come before the Council at this time, the meeting was adjourned at 8:50 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 4th day of February, 1986.