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HomeMy WebLinkAboutCity Council Minutes 07.21.1986Minutes of the City Council of Laurel July 2~, 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 the Vice President of the Council, Rob Harris, at 7:05 p.m., on July 21, 1986 (the regular meeting on July 15th was postponed due to the lack of COUNCIL MEMBERS PRESENT: Ervin Wood Donna Kilpatrick Mel Krug COUNC1L MEMBERS ABSENT: Donald Meyers a quorum.~ Chuck Dickerson Rob Harris Norman Orr L. D. Collins INVOCATION: Invocation given by Reverend Wilhelm. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of July 1 and the special meeting of July 8, 1986, as presented, seconded by Alderman Krug. Carried. CORRESPONDENCE: Received the synopsis and update from the Northwest Power Planning Council. Received the minutes and activity report for the month of May from the Yellowstone County Air Pollution Control. Received a memo from the Montana League of Cities & Towns regarding Legislative Special session, Motor Vehicle Re-imbursement and Federal Revenue Sharing. SlD NO. 109: A public hearing was not held. ~ohn Mohr, Attorney for SID No. 109, said that it had come to his attention that water and sewer connections were overlooked when the original Resolution of Intent to Create was passed. Therefore, he mentioned that they would like to start over, and a resolution will be presented at the next regular Council meeting. Motion by Alderman Krug to table the Resolution to Create SID No. 109, seconded by Alderman Dickerson. Motion carried 6--0. SPECIAL REVIEW - BEER & WINE LICENSE AT 401 WEST MAIN: A public hearing was held. Proponents: Betty W±nkel stated that they have a commercial building in a commercial area and that they should be able to conduct a commercial business. Kilpatrick's have a house north of the Winkel's building, but the W±nkels have agreed to put a privacy fence up between the two. Betty iirdicated she had spoken with Rose Kilpatrick and she was more concerned with the alley. Opponents: Tom Eilpatrick said his mother lives north of this building. Tom felt that just because %his is a commercial zone does not mean that a business should automatically go in there. He also indicated that there was a private club (VFW) there previously, not a bar. Tom stated that his main objection was the fact that there was not enough room for parking and that customers would be parking in front of homes and creating problems for the residents. He also stated that he felt this building is too close to a residential area for a bar. Betty Winkel commented that Mrs. Kilpatrick's house is right in the middle of a commercial area. The Eagles Club has indicated to her that they have had no complaints from residents. Motion by Alderman Krug to close the public hearing, seconded by Alderman Dickerson. Motion carried 6--0. Cal Cumin reported that the City-County Planning Board was unable to make a decision about this. Their vote was split, therefore they did not make a recommendation. Two factors need to be looked at: 1) This is a use that is not automatically allowed in a commercial zone. It's only allowed after a special review process. It gives the public and the council a chance to review all the factors involved; 2) A special review for a liquor license states it has to have 100 ft. of frontage and a 100 ft. depth on your lot, and this lot does not meet these requirements. The approximate size of the lot is 90x80 ft. Joe Bradley advised the Council that there is an ordinance that says any person desiring to use any premises for a bar or tavern, that no building shall be used for retail alcohol sales without street frontage of 100 ft. and an average depth of 100 ft. However, you can grant an exception to this section when it is found that strict application of these provisions may result in undue hardship and when granting of such an exception shall be in the public interest. Discussion regarding parking. Betty Winkel indicated that they would be ab~' to share parking with Happy Gardens. page2 Minutes of the City Council of Laurel Alderwoman Kilpatrick stated that although she is a Kilpatrick, she has no interest in this property at all so she felt that she did not need to abstain from voting. Petitions of protest from the Planning Board file with approximately 24 signatures were presented and entered into the record. Motion by Alderman Dickerson to enter the petitions into the record, seconded by Alderman Krug. Motion carried 6--0. Motion by Alderman Dickerson to not approve the special review because the lot is too small, seconded by Alderman Wood. Motion carried 6--0. PARK ANNEXATION: ORDINANCE OF ANNEXATION NO. 887 (second reading) EXTENDING THE BOUNDARIES OF THE CITY OF LAUREL, MONTANA, TO INCLUDE BLOCK 1 AND 2, OF MORRIS SUBDIVISION, YELLOW- STONE COUNTY, MONTANA. Motion by Alderman Dickerson that Ordinance No. 887 (second reading), be passed and adopted, seconded by Alderman Orr. Upon taking a roll call vote, all aldermen present voted, "YES." Moti0h carried 6--0. SPECIAL REVIEW - LAUREL NURSING HOME: A public hearing was held. Proponents: Joe Rude, President of Laurel Nursing Home, Inc., informed the Council that the Department of Health gave them 5 yrs to bring their building up to code and to meet new federal expectations to satisfy Medicare and Medicaid. That means if they are not successful in making corrections, which includes replacing the plant, Laurel will not have a nursing home. The project that they are proposing has been reviewed and approved by the State Health Department. The proposed project is going to be located on a piece of property known as Certificate of Survey No. 2385, and it's located on the corner of Washington and Maryland Lane. The project will be a 55 bed facility - 40 skilled nursing home beds and 15 personal care beds. A1Rapacz presented drawings and reviewed the water and sewer connections, storm drainage, traffic, streets, curb and gutters. Mr. Rapacz indicated that they were going to establish a limited access barrier, which probably would include a dead end street, service drive or something like that and not to promote traffic on Maryland Lane. Mel Kruq said that he would like to see curb and gutter put in and street if possible. He and the Street & Alley Committee has discussed this, and they would like to see Maryland Lane go on over to Alder Avenue even if it was only a gravelled street at this time. Joe Rude reported that some of the residents in the area were concerned with Maryland Lane becoming a through street. However, the long range plan is for Maryland Lane to be a main collector. At this time the nursing home does not plan to pave the street along the north side of their property. Joe Rude said that they are willing to sign an agreement that when the street is paved some time in the future, it will be at their cost. The question of how the routing of the sewer line for the nursing home would affect the park was discussed. Mr. Rapacz said that what they planned was to stay as close to the street right-of-way as possible without disturbing the trees. Sandra Fisher spoke on the problems and solutions of storm water, drainage and landscaping. The location of the sidewalk was discussed. For safety reasons and for preser- vation of the trees in the park it was determined that the last place for it was right up against the curb. A 6-inch wide line of wood chips will be placed as a boundary line between the park and the nursing home property. The time table for this project calls for construction to begin in September of 1986 with occupancy in July of 1987. The irrigated grass will be planted in July of 1987 and the non-irrigated grass in September of 1987. Trees and shrubs are scheduled to be planted in the spring of 1988. The parking lot will be paved prior to occupancy as well as the entrance into the area. The service area will be gravelled by June of 1987. Joe Rude distributed a rough draft of a memorandum of agreement with the City regarding the development requirements. page3 Minutes of the City Council of Laurel Phil Gorby presented letters in favor of the new nursing home from the current residents and neighbors of the present nursing home. He also introduced employees, family members of residents, volunteer groups and professional staff who were present and in favor of the new nursing home. Other proponents in favor of the John Kiserman Dr. Van Nice Ray Harris Dr. Richardson It was mentioned by several people new nursing home development were: Annette Behm Rev. Wilhelm Duane Behm that it was more convenient for patients to be located here in Laurel rather than some other community. Discussion regarding Ray Harris' concern about being enough room between the curb and trees for the placement of a sidewalk, placement of the sewer line, and the possible strip of land about 60 ft. wide s-outh of the nursing home property, should 8th Street be extended in the future. Opponents: A petition has been received against the division of the park and the park being included in the landscaping of the nursing home. Motion by Alderman Kruq to enter the petition into the record, seconded by Alderman Orr. Motion carried 6~-0. Bob Wetch said he is not against the nursing home, just against losing that park. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Orr. Motion carried 6--0. Cal Cumin reported that the City-County Planning Board was split on this one 4 for and 4 against. The main thing they were concerned about is whatever agreements and stipulations the developer proposes be in writing. Motion by Alderman Kruq to grant the special review, seconded by Alderman Dickerson. Discussion regarding the street paving, sewer line, sidewalk, curb and gutter, waiver of protest and a written improvements agreement. Alderman Dickerson withdrew his second, and Alderman Krug withdrew his motion to grant the special review. Motion by Alderman Kruq to grant the special review as presented, except that the sewer line be installed on the nursing home property parallel to the storm sewer line and that a written improvements agreement be submitted to the City, seconded by Alderwoman Kilpatrick. Motion carried 6--0. ORDINANCE OF ANNEXATION NO. 881 (second reading) EXTENDING THE BOUNDARIES OF THE CITY OF LAUREL, MONTANA, TO INCLUDE TRACT A OF CERTIFICATE OF SURVEY NO. 2385, YELLOWSTONE COUNTY, MONTANA. Motion by Alderman Kruq that Ordinance No. 881 (second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. Upon a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. A recess was taken from 8:55 to 9:05 p.m. RESOLUTION NO. 2219 CHANGING THE BOUNDARIES OF WARD FOUR TO INCLUDE CERTAIN TRACT, TRACTS AND PARCELS OF LAND AND DIRECTING CERTIFI- CATION OF THE ALTERED BOUNDARIES. Motion by Alderman Dickerson that Resolution No. 2219 be passed and adopted, seconded by Alderman Orr. Motion carried 6--0. UNPAID SEWER CHARGES ON PROPERTY TAXES: ORDINANCE NO. 888 (first reading) ENACTING SECTION 13.08.225 TO PROVIDE FOR THE SETTING OF SEWER RATES AND FOR ASSESSMENT OF UNPAID SEWER CHARGES ON PROPERTY TAXES. Motion by Alderman Dickerson that Ordinance No. 888 (first reading) be passed and adopted, seconded by Alderman Krug. Upon a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. page 4': Minutes of the City Council of Laurel AWARD BIDS: QUICK ATTACK FIRE TRUCK The Fire Committee recommended to accept the bid from Becker Fire Equipment in the amount of $33,903.00. Motion by Alderman Orr to accept the bid from Becker Fire Equipment in the amount of $33,903.00, second from Alderman Krug. Motion carried 6--0. GARBAGE TRUCK Since the Wayne Curbtender did not meet the specifications, the committee recommended to purchase a Heil Packer on a White truck for the amount of $93,877.00. Jim Brown, a representative for the Wayne Curbtender, stated that he felt that his unit would do as good a job as the Bell Packer. Motion by Alderman Orr to accept the bid from Billings Truck Center for a White truck with a Heil Packer, second from Alderman Krug. Dennis Johnston, owner of Yellowstone Sanitation Service, wanted to know whether any thought had been given to private service versus municipal service. This proposal has been checked and it's felt that it would not save the City money at this time. Alderman Krug thanked Dennis Johnston for his time and interest in this matter. The motion to purchase a White truck with a Heil Packer was then carried 6--0. FINANCING The City Clerk received two sealed bids from the local banks as follows: Yellowstone Bank 7.50% 1st Security Bank 8.0% Motion by Alderman Krug to accept the bid from Yellowstone Bank for a loan of $93,877.00 at 7~..50% interest, second from Alderman Wood. Motion carried 6--0. BUDGET TRANSFERS: A resolution was presented for the end of the fiscal year budget transfers. RESOLUTION NO. 2220 BEING A RESOLUTION AUTHORIZING BUDGET TRANSFERS OR REVISIONS. Motion by Alderman Dickerson that Resolution No. 2220 be passed and adopted, second from Alderman Krug. Motion carried 6--0. JUDGE'S SALARY: ORDINANCE NO. 889 (first reading) SALARY OF THE CITY JUDGE Motion by Alderman Krug that Ordinance No. 889 (first reading) be passed and adopted, second from Alderwoman Kilpatrick. Upon a roll call vote, all aldermen present voted, "NO." Motion defeated 6--0. Motion by Alderman Krug to leave the Judge's salary at $12,000.00 per year, second from Alderman Orr. Motion carried 6--0. COURT CLERK HOURS: ORDINANCE NO. 890 (first reading) AN ORDINANCE AMENDING ORDINANCE NO. 825 TO INSURE THE HOURS OF WORK OF THE CLERK OF COURT AND TO ASSIGN A MUNICIPAL CODE SECTION NUMBER TO THE ORDINANCE. Motion by Alderman Dickerson that Ordinance No. 890 (first reading) be passed and adopted, second from Alderman Orr. Motion by Alderman Dickerson to amend Ordinance No. 890, item #7, to a part-time position with a 25-hour work week, second from Alderman Krug. Motion carried 6--0. A question was called for on the ordinance as amended. Upon a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. 1986 TAX RESOLUTIONS: RESOLUTION NO. 2221 RESOLUTION NO. 2221, BEING A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSED FOR THE CITY OF LAUREL, MONTANA, FOR THE FISCAL YEAR BEGINNING JULY 1, 1986. Motion by Alderman Dickerson that Resolution No. 2221 be passed and adopted, second from Alderman Krug. Motion carried 6--0. page 5 Minutes of the City Council of Laurel RESOLUTION NO. 2222 RESOLUTION NO. 2222, BEtNG 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, 1986. Motion by Alderman Dickerson that Resolution No. 2222 be passed and adopted, second from Alderman Krug. Motion carried 6--0. RESOLUTION NO. 2223 RESOLUTION NO. 2223, BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHTING NO. 3, OF THE CITY OF LAUREL, MONTANA, WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1986. Motion by Alderman Orr that Resolution No. 2223 be passed and adopted, second from Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2224 RESOLUTION NO. 2224 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 by Alderman Orr that Resolution No. 2224 be passed and adopted, second from Alderwoman Kilpatrick. Motion carried 6--0. RESOLUTION NO. 2225 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN THE CITY OF LAUREL, MONTANA, FOR SNOW REMOVAL AND/OR PLOWING. Motion by Alderman Orr that Resolution No. 2225 be passed and adopted, second from Alderman Dickerson. Motion carried 6--0. SID RESOLUTIONS: RESOLUTION NO. 2226 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 94 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Dickerson that Resolution No. 2226 be passed and adopted, seconded by Alderman Orr. Motion carried 6--0. RESOLUTION NO. 2227 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 95 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Orr that Resolution No. 2227 be passed and adopted, second from Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2228 A RESOLUTION LEVYING AND ASSESSING ALL OF THE i:P~OPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 96 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman D±ckerson that Resolution No. 2228 be passed and adopted, second from Alderman Orr. Motion carried 6-~0. RESOLUTION NO. 2229 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 97 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Orr that Resolution No. 2229 be passed and adopted, seconded by Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2230 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 98 OF THE CITY Motion by Alderwoman Kilpatrick that Resolution No. 2230 be passed and adopted, second from Alderman Dickerson. Motion carried 6--0. page6 Minutes of the City Council of Laurel RESOLUTION NO. 2231 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 100 OF THE CITY OF LAUREL MONTANA. Motion by Alderman Dickerson that Resolution No. 2231 be passed and adopted, seconded by Alderman Orr. Motion carried 6--0. RESOLUTION NO. 2232 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 101 OF THE CITY OF LAUREL MONTANA. Motion by Alderman Orr that Resolution No. 2232 be passed and adopted, second from Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2233 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT 'NO. 102 OF THE CITY OF LAUREL MONTANA. Motion by Alderman DickerSon that Resolution No. 2233 be passed and adopted, second from Alderman Orr. Motion carried 6--0. RESOLUTION NO. 2234 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 104 OF THE CITY OF LAUREL MONTANA. Motion by Alderman Dickerson that Resolution No. 2234 be passed and adopted, second from Alderman Orr. Motion carried 6--0. RESOLUTION NO. 2235 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 105 OF THE CITY OF LAUREL MONTANA. Motion by Alderman Dickerson that Resolution No. 2235 be passed and adopted, second from Alderman Orr. Motion carried 6--0. RESOLUTION NO. 2236 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 106 OF THE CITY OF LAUREL MONTANA. Motion by Alderman Orr that Resolution No. 2236 be passed and adopted, second from Alderman Dickerson. Motion carried 6--0. RESOLUTION NO. 2237 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 108 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Orr that Resolution No. 2237 be passed and adopted, seconded by Alderman Dickerson. Motion carried 6--0. 1986--87 PRELIMINARY BUDGET: Motion by Alderman Dickerson to adopt the Preliminary Budget as presented, second from Alderman Orr. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: Garage on Public Right-of-Way Joe Bradley We have got some people here that want to bring a condition to the awareness of the City regarding the fact that back in the 70s somebody built their garage 2 feet into the public right-of-way. They are trying to sell their house now and the proposed buyer cannot get any financing until this is settled- whether they are in violation of our ordinances and whether they will have to move the garage. Jim might be able to explain this a little bit more. Mr. & Mrs. Willis (720 7th Avenue) are here with Bonny Milligan and they would like to speak to the Council. Jim Flisrand Their first request was that I give them a letter indicating that the City will never ask them to move their garage, which is in the alley right-of-way. Generally, that's not a procedure which is used. We probably will never use that additional width in the alley for any reason, other than maybe a utility company. I don't forsee any problem at all. However, the lending agency needs something in writing stating that we will never have them move it. I could not give that to them. In checking the building permits back in the 70s, the inspector at that time had signed off that he had made a footing inspection. page 7 Minutes of the City Council of Laurel Ervin Wood commented that the same thing happened to him in 1976 when he built his garage. Joe Bradley I think we can give them something in writing to the effect that we would never require the garage to be moved, unless -- and I think we should reserve our rights in this case -- if it ever burned down and we certainly don't want it expanded any further out there. We would ask that if they were ever going to expand it or rebuild it, that it be rebuilt in the proper place. I think they have some rights to not to have it torn down. I would propose that we give them an agreement to that effect that could be given to the lender. Bonny Milligan, broker for the Willis' The importance of this is to make it a permanent thing for the new people who are buying it, so they won't, in turn, run into the same thing when they go to sell it. Lucky Sievert, proposed buyer My lender has gone to Safeco Title Insurance and the title has an exception showing this problem. They will remove that exception completely if they get a letter saying that the garage does not have to be moved. Joe Bradley will prepare an agreement and present it to the Council on August 5, 1986. System Development Fee Wade Sanderson I am part owner of the Village Subdivision, 2nd Phase. It was brought to my attention last week that the City has imposed a system development fee on the water system. I would like some clarification. I have talked to a couple of people and they seem to think it didn't pertain to us. The plats for our subdivision were approved four years ago. The construction is now complete and the water and sewer lines are in the property ready to use. Would this new development fee pertain to us? It isn't my fault that we haven't got it full because business has been poor lately. Is the development fee for the future or are you going to go back and impose it upon those who were approved a long time ago? It is going to cost me $25,000 to $30,000, which I don't have, and I understand this goes into effect August 1st. I need to get an answer soon, or I will have to get building permits on those tots before August 1st. But I will still have to come up with money for the permits. This was referred to the Public Utilities Committee for a recommendation as soon as possible. Yellowstone Conservation District Cal Cumin A couple of years ago Yellowstone Conservation District applied for a grant to do a ground water study county wide. it never went through. However, it's a good project the Conservation District and the County. Cal presented a letter written to DNRC from the City project, and he would like authorization for someone Something happened and and it's supported by in support of this to sign it. Motion by Alderman Krug to authorize the acting mayor, Rob Harris, to sign the letter, seconded by Alderman Dickerson. Motion carried 6--0. It is now 10:02 p.m., and Alderman Wood left the meeting to go to work. COMMITTEE REPORTS: --City Council Committee as a Whole minutes of July 1, 1986, were presented. Motion by Alderman Krug to enter the City Council Committee as a Whole minutes of July 1, 1986, into the record, second from Alderman Dickerson. Motion carried 5--0. --Budget/Finance Committee minutes of July 8, 1986, were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of guly 8, 1986, into the record, seconded by Alderman Krug. Motion carried 5--0. --Fire Committee minutes of guly 7, 1986, were presented and reviewed. Motion by Alderman Harris to enter the Fire Committee minutes of July 7, 1986, into the record, seconded by Alderman Dickerson. Motion carried 5--0. --Garbage Committee minutes of July 14, 1986, were presented and reviewed. Motion by Alderman Orr to enter the Garbage Committee minutes of July 14, 1986, into the record, second from Alderman Krug. Motion carried 5--0. page8 Minutes of the City Council of Laurel ASPHALT SUPPLY: Joe Bradley You may have read where Asphalt Supply has filed suit against the City of Laurel. The next question would be whether we want to agree that they continue operating pending the final decision on the law suit. My recommendation is that we do agree to it. They have sent me a proposal and I have requested some minor changes in it. I really think that if we didn't agree to it, they will go to court to ask the Judge to continue operating. I think they have a pretty good chance of getting permission to operate until a final decision is made. The reason why I think it's appropriate is that I think they will win that question anyway and it would be a lot of wasted time in court. If we did stop them from operating, and a year from now the Judge told us we were wrong, then we would owe them a lot Of damages for their loss of business. That would be a lot of money. If we eventually lose this, and I don't think that we will, but you have to recognize the possibility, and they have been operating all along, then our damages would possibly be limited to perhaps paying some of their attorney's fee. I really don't think that is even a strong likelyhood. I would like your permission to negotiate with them. Around August 1st the County is going to file their own law suit charging Asphalt Supply with general nuisance. They have some pretty stiff penalties attached to their ordinance that they operate under - that could be a $10,000 fine. Discussion regarding the court time table. Joe Bradley went on to say that we should take the chance of limiting our damages in case we lose~ Discussion regarding the continuing odor, noise, and truck traffic. Motion by Alderman Kruq to grant Joe Bradley permission to negotiate an appropriate stipulation for a preliminary injunction, second from Alderman Dickerson. Motion carried 4--1 with Alderman Orr voting, "NO." STREET CLOSURE FOR CRAZY DAYS: Donna Kilpatrick said that she had a request from retail trade to close West 1st Street from Penneys to the alley on July 25th and 26th, like they have done in the past. Motion by Alderman Kruq to grant permission to close West 1st Street from Penneys to the alley on July 25th and 26th, second from Alderman Orr. Motion carried 5--0. There being no further business to come before the Council at this time, the meeting was adjourned at 10:17 p.~~~=~~ Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 5th day of August, 1986. authi