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HomeMy WebLinkAboutCity Council Minutes 06.18.1985Minutes of the City Council of Laurel June 18, 1985 A regular meeting of the City Council of the City of Laurel, Montana, was in the Council Chambers and called to order by Mayor Albert Ehrlick at on June 18, 1985. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: INVOCATION: Marvin Carter Bill Brennan Bob Gauthier Lonnie Kellogg Invocation given by Mayor Ehrlick. Chuck Dickerson Donald Meyers Rob Harris Mel Krug held 7:00 p.m., Motion was Brennan NO Meyers NO Carter YES Gauthier NO Harris NO Dickerson NO defeated 5--1. MEL TIENSVOLD - BUILD MONTANA CERTIFIED CITIES PROGRAM: Mel stated he had been asked by the Chamber of Commerce to present the Montana Certified Cities Program to Laurel. This program is co-sponsored by Montana Ambassadors and Montana Dept. of Commerce. It's a new program set up by the State to give some kind of profes- sional help to the local communities. Their goal is to get some good cooperation between the public and private sector. In setting up and achieving those goals an application must be submitted by the 10th of July. This application has to have a resolution from the City Council. Also a committee has to be assembled to take on the overall Certified Cities project; from that task force - 4 people have in reference to Volk in reference to Wastewater MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of June 4, 1985, as presented, seconded by Alderman Brennan. Carried. CORRESPONDENCE: Received the minutes and activity report from the Yellowstone County Air Pollution Control Board for May. Received a letter from Phil Morrow dated June 11, 1985, Construction. Received a letter from Phil Morrow dated June 12, 1985, Treatment Plant. Received a memo from the Montana League of Cities and Towns. Received a letter from Fire District #5 regarding the billin~ on their contract. Received a letter from Joe Gerbase regarding the zone change of Pine Grove Subdi- vision. Received from Don Hackmann, City Clerk, a report on the IIMC Conference which he attended in Banff Springs, Alberta, Canada. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's Financial Statement for the month of May, 1985. was presented for approval. Motion by Alderman Gauthier to approve the City Clerk and City Treasurer's Financial Statement for the month of May, seconded by Alderman Dickerson. Motion carried 6--0. BOB MILLER PINE GROVE SUBDIVISION: Joe Bradley suggested that since this was defeated on second reading last time, to reconsider at this late date would take two motions. First one would be to suspend the rules. That has to pass by a 2/3 vote. If that passes then the motion to reconsider the second reading could pass by a majority v~te. At that point the developer should be given an opportunity to respond to some of the letters that the Council has received. Motion by Alderman Dickerson to suspend the rules to allow reconsideration of the second reading of Ordinance No. 806, seconded by Alderman Meyers. Upon takin~ a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. Motion by Alderman Meyers to reconsider the second reading of Ordinance N~. 806, seconded by Alderman Diekerson. Motion carried 6--0. Jerry Hauf stated officially I'm not here for Bob Miller. I was asked to attend this meeting by Mr. Bernhardt and Mr. Robertus. I am retained by Lockrem on a consultant basis but was not asked to be here on his behalf. At this point I can't say anything. Joe Bradley stated that the minutes should show that .despite their being on the agenda they chose not to come and not to respond to any of those ~hings that we gave to them. Joe also stated he will be responding to them tomorrow. ORDINANCE NO. 806 (second reading - reconsideration) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Carter to approve and adopt Ordinance No. 806 second reading - reconsideration), seconded by Alderman Meyers. Upon taking a roll call vote, the foilowing aldermen answered: page 2 Minutes of the City Council of Laurel to attend a meeting in Helena, a training conference for two days. Then within 14 months we have to submit documentation of what we've done. RESOLUTION NO. 2137 ENDORSING TNE LAUREL CHAMBER OF COMMERCE AS THE SPONSORING ORGANIZATION FOR THE CITY OF LAUREL IN THE MONTANA CERTIFIED CITY PROGRAM. Motion by Alderman Carter that Resolution No. 2137 be passed and adopted, seconded by Alderman Meyers. Motion carried 6--0. PUBLIC NEARING - GEL PROPERTIES ANNEXATION: This being the time and place advertised a public hearing was held. Proponents: Jim Worthington representing GEL Properties says this is the property designated as Tract la, Spruce Grove Subdivision. It is to provide for the Phase II develop- ment.. I think all the conditions have been met and all the actions and require- ments of the City have been met. We request that the ordinance be accepted. Opponents: none present Motion by Alderman Meyers to close the public hearing, seconded by Alderman Harris. Motion carried 6--0. ORDINANCE OF ANNEXATION NO. 811 (first reading) EXTENDING THE BOUNDARIES OF THE CITY OF LAUREL, MONTANA, TO INCLUDE TRACT l-A, AMENDED TRACT 1, CERTIFICATE OF SURVEY NO. 2147, YELLOWSTONE COUNTY, MONTANA. Motion by Alderman Carter that Ordinance No. 811:(first reading) be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. RESOLUTION NO. 2138 CHANGING THE BOUNDARIES OF WARD TWO TO INCLUDE CERTAIN TRACT, TRACTS AND PARCELS OF LAND AND DIRECTING CERTI- FICATION OF THE ALTERED BOUNDARIES. Motion by Alderman Harris that Resolution No. 2138 be passed and adopted, seconded by Alderman Brennan. Motion carried 6--0. PUBLIC HEARING - WATER RATE FOR ALL COMMERCIAL STANDPIPE OWNERS AND OPERATORS: This being the time and place advertised, a pubIic hearing was held. Proponents: City of Laurel Opponents: Harold Sisk The notice stated it says all commercial standpipe owners and operators. Did Mr. Johnson get a certified letter for this? I'm the operator but certainly not the owner. I assume I'm the only one this is pertaining to. I'd like to know first what is the basis of raising the water rates? Why for a year of operation down there do you raise it? Aibert Ehrlick Nobody really knew too much about it. It was never brought before the Council before. Harold Sisk That isn't my fault. Albert Ehrlick It should have been brought before the Council when it all took Sisk Who is making the complaints? Albert Ehrlick The complaint came right out of the office~ directly to me. Harold Sisk There's no person making them? AIbert Ehrlick No, there was more than one. Harold Sisk About all I have to offer is the faet that this amount of money I do spend here in this town~ which is totally spent here. Richard Potter I'm Harold's accountant. Last year that business, it's called "The Water Log," it made $11;000 net profit. If I read this thing right, it will increase his expenses $2,200. A~l you're going to do is drive a guy out of business. Dave Powers I really don't understand why the Council feels they have to have a separate rate for standpipes. To me Harold is in business the same as I am. The amount of water he uses is high compared to my useage. I don't know why he would be charged more for water (just because he's using it) than I would be. The standpipe and meter put in down there, the City has no cost involved with that. I'm on record against raising his price of his water. Richard Potter also goes on record opposing Harold's water rate increase. Harold Sisk I understand that maybe there is some complaints from other water haulers. place. Harold page 3 Minutes of the City Council of Laurel Rob Harris This went before the Public Utilities Committee about two months ago and the committee felt a rate increase should be taken. With some of the comments that have come up tonight, maybe it shsuld go back to committee. Don Meyers Maybe we should get out of the water business across the street and let some other businesses take it over. Albert Ehrlick ~t was offered and the Council turned it down. Darrell Fox offered to buy it about two years ago. In regards to you, Dave. The City does have to do the repair on the meter. Right now it's broke. Albert Ehrlick The City does maintain it. Marvin Carter But we did not put it in, It did not cost the City money and maintenance other than the meter. That shou~ld be our natural maintenance. Motion by Alderman Carter to close the public hearing, seconded by Alderman Meyers. Motion carried 6--0. Motion by Alderman Carter to defer and continue the public hearing on August 20, 1985, seconded by Alderman Meyers. Motion carried 6--0. BOISE CASCADE - IDR BONDS: Joe Bradley This is real complicated. One thing I don't know is who thence going to sell to. I've been trying to find out. When these bonds were first issued back in 1975 or so, at that time it was a little bit different than what we're going through with Jan's IGA. At that,-ti:me 5~' we took title to the land and they rented it from us and we used that money to pay off these bonds. They want to sell that land now so we have to go through all these motions and pass this resolution, and the Mayor has to execute live backings to give them back the land so they can sell it, to cancel the lease we have with them. We have to consent that instead of holding the land, that securities be deposited in escrow in sufficient value to pay off these bonds. They are going to take some other investments and stick it in escrow in a Dank in Idaho. They will hold that, I believe, until July 15th when they can start redeeming those bonds. What you're passing here is a resolution that would authorize the Mayor and the City Clerk to execute documents. RESOLUTION NO. 2139 A RESOLUTION AUTHORIZING THE DEFEASANCE OF $2,600,000 CITY OF LAUREL, MONTANA, INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES A; AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE DEFEASANCES; AUTHORIZING THE REDEMPTION OF CERTAIN OF THE BONDS; AND FOR OTHER PURPOSES. Motion by Alderman Carter that Resolution No. 2139 be passed and adopted, seconded by Alderman Harris. Motion carried 6--0. ORDINANCE NO. 810 (SECOND READING): ORDINANCE NO. 810 (second reading) AMENDING SECTION 8.16.020, OF THE LAUREL MUNICIPAL CODE, TO PROVIDE FOR THE SETTING OF GARBAGE FEES FOR NON-CITY RESIDENTS BY RESOLUTION. .Motion by Alderman Meyers that Ordinance No. 810 (second reading) be passed and adopted, seconded by Aiderman Dickerson. Upon.taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. RESOLUTION NO. 2140: RESOLUTION NO. 2140 SETTING FEES FOR DEPOSITING OF HOUSEHOLD GARBAGE, TRASH OR RUBBISH AT THE CITY LANDFILL BY NON-CITY RESIDENTS. Motion by Alderman Me.yers that Resolution No. 2140 be passed and adopted, seconded by Alderman Harris. Motion carried 6--0. ORDINANCE NO. 808 (SECOND READING): Motion by Alderman Brennan to remove Ordinance No. 808 from the table~ seconded by Alderman Dickerson. Motion carried 6--0. ORDINANCE NO. 808 (second reading) GARAGE SALE SIGNS PROHIBITED ON CERTAIN STREETS ADDING SECTION 9.20.065 TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson to adopt Ordinance No. 808 (second reading), seconded by Alderman Brennan. Discussion followed on how well this could be enforced. Upon taking a roll call vote, the following aldermen answered: Dickerson "YES" Harris "NO" Gauthier "NO" Carter "NO" Meyers "NO" Brennan "YES" Motion was defeated 4--2. page Minutes of the City Council of Laurel ORDINANCE NO. 809 (SECOND READING): ORDINANCE NO. 809 (second reading) DESIGNATING HC ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Meyers that Ordinance No. 809 second reading) be passed and adopted, seconded by Alderman Carter. Earl Linger stated the Fire Department would like to go on record, if this does pass, that line has to be looped before.any useage of water for this commercial area. The warehouse wouldn't use any water, but if a Quickway went in - the line has to be looped before that can happen. Sandy Sanderson This has come up before, When we originally came in here to get our water and sewer for Village Subdivision, there was something said at that time that any extensions of the lines beyond what was approved at that time would have to come back to the Council and have to be evaluated and approved. So there is no way he could run those lines out there without coming back before the Council. I, personally, would like to see it go through for my benefit. Ouestion called for. Upon taking a roll call vote, the following aldermen answered: Brennan NO Meyers YES Carter YES Gauthier NO Harris YES Dickerson NO Tie 3--B. The Mayor broke the tie with a "NO" vote. Ordinance No. 809 was defeated on second reading, d~-~ ~r~ COMMITTEE REPORTS: --Insurance Committee min~es ~J~n~t, 1985~' We~ip£~sent~d~reviewed. Motion ~y Alderman Gauthier to accept Williams Agency's bid in the amount of $57,586.96, seconded by Alderman Meyers. Motion carried 6--0. Motion by Alderman Gauthier to enter into the record the Insurance Committee minutes of June 11~ 1985, seconded by Alderman Meyers. Motion carried 6--0. --Insurance Committee minutes of June 17, 1985, were presented and reviewed. Motion by Alderman Gauthier to accept the proposal from United of Omaha "Take Charge II" plan with a $100-300 deductible and a $10,000 life policy, seconded by Alderman Meyers. Motion carried 6--0. Motion by Alderman Gauthier to enter into the record the Insurance Committee minutes of June 17, 1985, seconded by Alderman Dickerson. Motion carried 6--0. --Park Committee minutes of June 12, 1985, were presented and reviewed. Motion by Alderman Brennan to enter into the record the Park Committee minutes of June 12, 1985, seconded by Alderman Carter. Motion carried 6--0. Motion by Alderman Br~nnan to authorize $10 towards the purchase of swim suits for each lifeguard, seconded by Alderman Meyers. Motion carried 6--0. Peg Kamerzel brought up the fact of an instance where outside City residents are trying to buy inside family swim tickets simply because they own property inside the City limits. Also, the number of people on family swim tickets. Evidently Laurel has larger families now. We girls in the office feel that is being abused. --Police Committee minutes of June 6, 1985, were presented and reviewed. Motion by Alderman Dickerson to enter into the record the Police Committee minutes of June 6, 1985, seconded by Alderman Brennan. Motion carried 6--0. --Street & Alley Committee minutes of June 13, 1985, were presented and reviewed. Discussion on bids for gas, diesel and oil. It figured out that Conoco Bulk's would be $29,530 and Laurel Servicenter $29,740.50. Motion by Alderman Brennan to accept Laurel Conoco Bulk's bid for gas, diesel and oil, seconded by Alderman Dickerson. Motion carried 6--0. Ernie Davis explained about the unit price from Laurel Conoco Bulk. We had not asked for a complete bid price. Jim Flisrand stated the proposal submitted to the City was to be accepted as a whole {that is not to divide the gas and diesel up between Laurel Conoco Bulk and Laurel Servicenter). Discussion on various stop signs and dip signs around Laurel. pa e 5 Minutes of the City Council of Laurel Jim Flisrand stated accordingto the State traffic code put out, it's not necessary for cities to take an engineering survey on stop signs or any signs within the city. On a major highway it's a different story. Motion by Alderman Dickerson to place a 4-way stop at 5th Avenue and 6th Street; 2-way stop at all avenues intersections 1st Street On north and south sides of intersections from 1st Avenue west to 8th Avenue; and to replace the stop sign on West 12th and 8th Avenue with a dip sign, seconded by Alderman Meyers. Motion carried 6--0. Motion by Alderman Dickerson to enter into record the Street & Alley Committee minutes of June 13, 1985, seconded by Alderman Brennan. Motion carried 6--0. --City License Committee minutes of June 17, 1985, were presented and reviewed. Motion by Alderman Meyers to approve the 1985-86~city licenses as presented to the committee on June 17, 1985, seconded by Alderman Carter. Discussion followed on certain city licenses: Albert Ehrlick brought up the license on Jim Cotter. The license is for sewer work (rotorooter) and he's doing plumbing work. The State has stepped in on this one. Jim Flisrand stated evidently Jim Cotter is doing plumbing on.houses along with the rotorooting. The State feels it is time to step in and take action against his activity. Marvin Carter We are not in violation. All we do is issue him his license. Once his license has been revoked and taken to court by the State Plumbing Associates that's their business. More discussion followed on Jim Cotter's license. Ernie Davis explained of a couple incidents that occurred with Jim Cotter and the city. It cost the city overtime and it wasn't the city's problem. Albert Ehrlick stated one house that Jim Cotter plumbed was not done right. Bill Brennan also told of a recent incident that.involved Jim Cotter. Jim was checking the storm sewer and not the sewer line and saying he was going to have to call the city out to clear the line. More discussion. A question called for on the motion. Motion carried 6--0. Motion by Alderman Meyers to enter into the record the City License Committee minutes of June 17, 1985, seconded by Alderman Brennan. Motion carried 6--0. COMMEN~S FROM AUDIENCE: none COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Bob Gauthier presented the 1985~-86 preliminary budget. He requested the Council to review this and it will be adopted July 16, 1985. Marvin Carterwould like a list of all the out-of-city users that are on the water, what water rights they go back to, dated back to what year. Dave Michael reported that next Monday the flow is supposed to start in the new wastewater treatment plant. MAYOR'S COMMENTS: The Mayor called for an Executive session after the Council meeting. The Mayor made the following appointments: Jean Carol Thompson reappointed to the Police Commission Claude Cory reappointed to the Airport Authority Bonnie Preikszas to the Board of Adjustment Pat Metzger as Ambulance Director Motion by Alderman Carter to approve and confirm the Mayor's appointments, seconded by Alderman Meyers. Motion carried 6--0. Joe Bradley stated there was something about Volk Construction. It does not have to be discussed this evening. There being no further business to come--the Council at this time, the meeting was adjourned at 9:15 p.m. 'Donald . Hackmann[ C--~ C~ Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2nd day of July, 1985.