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Home My WebLink AboutCity Council Minutes 11.19.1985Minutes of the City CoUncil of Laurel November 19, 1985 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 ~lbert Ehrlick at 7:05 p.m., on Tuesday, November 19, 1985. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Marvin Carter Bill Brennan COUNCIL MEMBERS ABSENT: Mel Krug Chuck Dickerson :Donald Meyers Rob Harris Bob Gauthier (see amendment on back) INVOCATION: Invocation given by Albert Ehrl±ck. MINUTES: Motion by Alderman Carter to approve the minutes of the regular meeting of November 6, 1985, as presented, seconded by Alderman Dickerson. Carried. HEARING TO CONSIDER THE SUSPENSION OR REVOCATION OF THE CITY LICENSE OF ASPHALT SUPPLY CO.: The hearing will be a verbatim transcript taken by a Court Reporter. Transcript to be on file in the City Clerk's office. CORRESPONDENCE: Received a thank you note from Tom Hard and Donna Kilpatrick. Received a written report from Jim Kaercher regarding the Wastewater Treatment Plant. Received the agenda and synopsis from the Northwest Power Planning Council. Received the minutes of October 28, 1985, from the Law Enforcement Committee. Received a Copy of the agenda and minutes from the Yellowstone County Air Pollution Control Board. RESOLUTION SUPPORTING THE CITY OF LIVINGSTON IN THEIR TAX LAWSUIT AGAINST THE STATE OF MONTANA AND STATE OF MONTANA DEPARTMENT OF REVENUE: Me1 Williams, State Representative from House District 85 stated that as a result of last Council meetings action to support Livingston in their tax lawsuit, we (Chet Blaylock and myself) felt we should say a few iwords con- cerning your proposal. Mel handed out a report prepared by Thomas E. Towe. Mel also presented a copy of an editorial from a Bob Raney who is a conductor for the BNRR. The main objective of Senate Bill 48 was to take all the appraised property in the State of Montana and put the light properties in the same class and tax them at the same rate with a minimum impact on the State appraised value of property and very minimum impact on local entities of government. We lost Senate Bill 48. All that was left then was Senate Bill 240 which was asked to be introduced as a backup. The big difference between 48 and 240 was that we separated residential property from commercial property in Senate Bill 48. Senate Bill 240 did not. Chet Blaylock stated the City of Laurel is lucky to have Mel Williams on the Taxation Committee because he does know the tax situation and it's one of the important assets of State Government. Chet stated that on Senate Bill 48 when it came out it was supported by the BNRR. Then when it looked like they could get Senate Bill 240, which would have sent the tax rate back down to about 6.5 or 6.7 that looked like a better deal; and Burlington Northern withdrew their support from Senate Bill 48 and went with Senate Bill 240. No action was taken on this resolution. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENT FOR THE MONTH OF OCTOBER: City Clerk and City Treasurer's Financial Statement for the month of October ~ ~ mere presented for approval. Motion by Alderman Gauthierto approve the City Clerk and City Treasurer's Financial Statement for the month of October, seconded by Alderman Carter. Motion carried 7--0. PUBLIC HEARING TO VACATE STREET AND ALLEYS IN BLOCKS i & 2r FOURTH AVENUE SUBDIVISION - CATHOLIC CHURCH/RESOLUTION: This being the time and place advertised, a public hearing was held. Proponents: Joe Bradley stated he was here tonight for the Catholic Church. any questions please feel free to ask. Opponents: none Motion by Alderman Meyers to close the public hearing, man~, Dickerson. Motion carried 7--0. RESOLUTION NO. 2174 RESOLUTION TO VACATE LANDS IN BLOCKS 1 AND 2, FOURTH AVENUE SUBDIVISION, LAUREL, MONTANA. If anyone has seconded by Alder- page2 Minutes of the City Council of Laurel Motion by Alderman Dickerson to pass and adopt Resolution No. 2174, seconded by Alderman Meyers. Joe Bradley stated he felt there should be more of a particular legal descrip- tion. It should be: that portion of West 8th Street that's unimproved lying between 3rd Avenue and 4th Avenue and between Blocks 1 and 2 of Fourth Avenue Subdivision, Laurel, Yellowstone County, MT., and both alleys as platted in Blocks 1 and 2. Motion by Alderman Meyers to amend Resolution No. 2174 to add a more legal description, seconded by Alderman Harris. Motion carried 6--1 with Alderman Brennan voting, "NO." Motion by Alderman Kelloqq to pass and adopt Resolution No. 2174 as amended, seconded by Alderman Meyers. Motion carried 6--1 with Alderman Brennan voting, "NO." MIKE MACE - REQUEST FOR RECONSIDERATION OF ORDINANCE NO. 82]: Motion by Alderman Meyers to Carter. Roll call vote was taken. Brennan YES Carter YES Harris NO suspend the rules, seconded by Alderman The following aldermen answered: Kellogg NO Meyers YES Gauthier YES Dickerson NO Motion was defeated. Needed 6 YES votes to suspend the rules. ORDINANCE NO. 822 (SECOND READING): ORDINANCE NO. 822 (second reading) ADDING SECTION 10.70.010, FREIGHT LOADING ZONES, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 822 (second reading) be passed and adopted, seconded by Alderman Harris. Discussion. Joe Bradley stated we are not going to say that Thomae Lumber can unload. If he does and we have complaints, we'll respond and deal with it at that time with the discretion of the officer. Question called for. Upon taking a roll call vote, the following aldermen answered: Brennan NO KellOgg NO Carter YES Meyers YES Harris YES Gauthier YES Dickerson YES Motion carried 5--2. ORDINANCE NO. 823 (SECOND READING): ORDINANCE NO. 823 (second reading) ADDING SECTION 10.70.020, PARKING PROHIBITED IN FREIGHT LOADING ZONES, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. passed and adopted, seconded by Alderman Carter. vote the following aldermen answered: Brennan NO Kellogg NO Carter YES Meyers YES Harris YES Gauthier YES Dickerson YES Motion carried 5--2. 823 (second reading) be Upon taking a roll call ORDINANCE NO. 824 (SECOND READING): ORDINANCE NO. 824 (second reading) ADDING SECTION 10.70.030, PENALTY, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that Ordinance No. 824 (second reading) passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote the following aldermen answered: Dickerson YES Harris YES Gauthier YES Carter YES Meyers YES Brennan NO Kellogg NO 5--2. be Motion carried ORDINANCE NO. 825 (SECOND READING): page Minutes of the City Council of Laurel ORDINANCE NO. 825 (second reading) AN ORDINANCE CREATING THE OFFICE OF CLERK OF COURT. Motion by Alderman Meyers that Ordinance No. 825 (second reading) be passed and adopted, seconded by Alderman Dickerson. Discussion followed. Albert Ehrlick asked why we budgeted $6,000 for the Court Clerk and then turn around and you vote against it? Bob Gauthier explained the reason we budgeted for that is it's required by State law. Albert Ehrlick So, if you were going to vote against it, you could have just as well budgeted it over in Hackmann's budget. Bob Gauthier Yes. Question called for on motion. Upon taking a roll call vote, the following aldermen answered: Dickerson YES Harris YES Gauthier YES Carter YES Meyers YES Brennan NO Kellogg NO Motion carried 5--2. COMMITTEE REPORTS: --Street and Alley Committee minutes of November 14, 1985, were presented and reviewed. Motion by Alderman Dickerson to enter into the record the Street and Alley Committee minutes of November 14, 1985, seconded by Alderman Meyers. Motion carried 7--0. --Police Committee minutes of November 18, 1985, were presented and reviewed. Motion by Alderman Dickerson to accept the bid for the new police car from Johnson Ford, seconded by Alderman Brennan. Motion carried 7--0. Motion by Alderman Dickerson to enter into the record the Police Committee minutes of November 18, 1985, seconded by Alderman Harris. Motion carried 7--0. --City License Committee minutes of November 13, 1985, were presented and reviewed. Motion by Alderman Meyers to grant a City license to MJs Cleaning Service, seconded by Alderman Brennan. Motion carried 7--0. Motion by Alderman Meyers to grant a City license to Nature's Corner Flowers pending a fire inspection, seconded by Alderman Dickerson. Motion carried 7--0. Motion by Alderman Meyers to grant a City license to Transport Storage and Distributing, seconded by Alderman Kellogg. Motion carried 7--0. Motion by Alderman Meyers to grant a City license to Fox Water Service, seconded by Alderman Harris. Motion carried 7--0. Motion by Alderman Dickerson to accept the City-County Planning Board's recommendation of denial to the Closet Works, seconded by Alderman Meyers. Motion carried 7--0. **SUGGESTION: From now on the people requesting a City license should attend the License Committee meeting, just in case there are any questions. Motion by Alderman Meyers tO enter into the record the City License Committee minutes of November 13, 1985, seconded by Alderman Carter. Motion carried 7--0. --Revenue Sharing Committee minutes of November 13, 1985, were presented and reviewed. Motion by Alderman Meyers to enter into the record the Revenue Sharing Committee minutes of November 13, 1985, seconded by Alderman Gauthier. Motion carried 7--0. --FAP Committee minutes of November 12, 1985, were presented and reviewed. Motion by Alderman Brennan to allow Alan Crowe to remove the water fountain and stool in the holding cell of the northwest corner of the jail and use it for a fingerprinting room, seconded by Alderman Carter. Motion carried 7--0. Motion by Alderman Brennan to enter into the record the FAP Committee minutes of November 12, 1985, seconded by Alderman Harris. Motion carried 7--0. --City-County Planninq Board minutes of November 14, 1985, were presented and page4 Minutes of the City Council of Laurel reviewed. Motion by Alderman Carter to enter into the record the City-County Planning Board minutes of November 14, 1985, seconded by Alderman Dickerson. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Campbell Calvert asked the Council why they voted against Mace but allowed Figgins to flag pole? Maybe when Mace comes back in July he will at least get consideration that what's been given to Figgins. COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Alderman Carter reminded the Council that in the City-County Planning Board minutes there are a lot of things that George Figgins has to do as demanded by the City-County Planning Board. Lonnie Kelloqg I understand we have a problem at the Water Plant. About putting in a winter line? Jim Flisrand We got it in today. inside the pier. There being no further business the meeting was Not totally, there is more ice to chop out to come before the Council at this time, adjourned at 11:15 p.m. Sharon Herman, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of December, 1985. ~ibert Eh~lick, Mayor Donald L. Hackmann, City Clerk