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HomeMy WebLinkAboutCity Council Minutes 04.19.1983Minutes of the City Council of Laurel April 19, 1983 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 Albert Ehrlick at 7:00 p.m.; on April 19, 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bill Brennan Marvin Carter Susan Carter Duane Behm Rob Harris Fred Feuerbacher,III Bob Gauthier COUNCIL MEMBERS ABSENT: none INVOCATION: Invocation given by Reverend Gray. MINUTES: Motion by Alderman Behm to approve the minutes of the regular meeting of Apri~l 5, 1983, as presented, seconded by Alderman Marvin C~r~e~. Carried. CORRESPONDENCE: Received a thank you card from the Manley Gerke family for the bouquet of flowers. Received the agenda and minutes of the March meeting and Activity Report from the Air Pollution Control office. Received a notice from the Yellowstone County Interlocal Cooperation Com- mission regarding a meeting scheduled for April 20, 1983, at 7:30 p.m., in the Billings Parmly Library meeting room. Received the proposed 1983-84 budget of the Yellowstone County Interlocal Cooperation Commission. Laurel's share is $100.00. Received a copy of a letter from Harold F. Hanser, County Attorney, announc- ing his resignation as chairman of the Yellowstone County Jail Committee. Received a letter from USF & G regarding the claim.by Wallace Hall, advising the City that this would appear to be a professional liability or "omissions and errors" type of a claim, and it would not be covered under the liability coverage. Received the resignation of Ken Beven as Deputy Director of Civil Defense. Motion made by Alderman Behm to accept Ken Beven's resignation, seconded by Alderman Marvin Carter. Motion carried. Motion made by Alderman Behm to appoint Larry Peterson to Civil Defense, seconded by Alderman Harris. Motion carried. Received a copy of House Joint Resolution No. 30 regarding giving preference to Montana citizens in filling State, local government~ and University System positions. CITY CLERK and CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's Financial Statement for March, 1983, was presented for review and approval. Motion by Alderman Gauthier to accept the City Clerk and City Treasurer's Financial Statement as presented~ seconded by Alderman Kellogg. Motion carried. JIM HILDERMAN - COMTEL SYSTEMS: Jim stated he has been meeting with the Depart- ment Heads regarding trying to save money on long distance phone services. We are a discount phone service. Motion by Alderman Behm to refer this to the Budget/Finance Committee and come back with a recommendation, seconded by Alderman Marvin Carter. Motion carried. page 2 Minutes of the City Council of Laurel PUBLIC HEARING - MURRAY HEIGHTS ANNEXATION: This being the time and place advertised, a public hearing was held. Proponents Larry Herman, Attorney for Dave Murray, said that all residents ~-~11 be responsible for site location of garbage cans, at their own expense. We have also prepared, by consultation with the Planning Board and its advisory staff, a waiver of protest to annexation and a waiver as to future SIDs. No opponents. ORDINANCE OF ANNEXATION NO. 733 (lst reading) EXTENDING THE BOUNDARIES OF THE CITY OF LAUREL, MONTANA, TO INCLUDE LOTS 1 AND 2, BLOCK 6, AND LOTS i, 2, 3, 4, 5, 6, 7, 8, 9, AND 10, BLOCK MURRAY HEIGHTS SUBDIVISION, SECOND FILING, YELLOWSTONE COUNTY, MONTANA. Motion by Alderwoman Sue Carter that Ordinance No. 723 (lst reading} be passed and adopted, seconded by Alderman Kellogg. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. 734 (lst reading) ADDING CHAPTER 17.56, AIRPORT ZONING, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 734 (lst reading) be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call Vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. 732 {2nd reading) ADDING SECTION 10.51.015, PARKING OF CERTAIN TRUCKS PROHIBITED, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 732 (2nd reading) be passed and adopted, seconded by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. 735 (lst reading) ADDING SECTION 12.08.010, CEMETERY HOURS, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No..735 (lst reading) be passed and adopted, seconded by Alderman Kellogg. Upon taking a roll cai1 Vote, all aldermen present voted, "YES." Motion carried 8--0~ ORDINANCE NO. 736 (lst reading} ADDING SECTION 12.08.020, PENALTIES FOR VIOLATION OF CEMETERY HOURS, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Harris that Ordinance No. 736 (lst reading) be passed and adopted, seconded by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. DICK KOSTKA - FLOWERS SHOPPE: Mr. Kostka appeared before the Council and asked to sell fresh flowers away from their present business location. We will be selling fresh cut, low cost flowers (roses, etc.). Motion by Alderman Marvin Carter that the Flowers Shoppe be given sidewalk sales permission to sell flowers from the Town Pump, seconded by Alderman Harris. Motion carried. page Minutes of the City Council of Laurel FIRE DISTRICT #8: A resolution was presented regarding an Agreement for fiscal year 1983-84 in the amount of $2,200.00, an increase of $ 6~32 over last year. RESOLUTION NO. 1979 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 8, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderman Marvin Carter that Resolution No. 1979 be passed and adopted, seconded by Alderman Harris. Motion carried 8--0. FIRE DISTRICT #5: A resolution was presented regarding an agreement for fiscal year 1983-84 in the amount of $2,950.00, an increase of $50.00 over last year. RESOLUTION NO. 1980 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 5, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderman Marvin Carter that Resolution No. 1980 be passed and adopted, seconded by Alderman Harris. Motion carried 8--0. COMMITTEE REPORTS: Insurance Committee minutes of April 18, 1983, were presented and reviewed. Motion by Alderman Gauthier to accept and enter into the record the Insurance Committee minutes of April 18, 1983, seconded by Alderman Brennan. Motion carried. Personnel Committee minutes of April 15, 1983, were presented and reviewed. Motion by Alderwoman Sue Carter to accept and enter into the record the Personnel Committee minutes of April 15, 1983, seconded by Alderman Harris. Motion carried. Investment Committee minutes of April 13, 1983, were presented and reviewed. Motion by Alderman Brennan to accept and enter into the record the Invest- ment Committee minutes of April 13, 1983, seconded by Alderman Gauthier. Motion carried. Budset/Finance Committee minutes of April 13, 1983, were presented and reviewed. Motion by Alderman Behm to accept and enter into the record the Budget/ Finance Committee minutes of April 13, .1983, seconded by Alderman Gauthier. Motion carried. Budget/Finance Committee minutes of April 11, 1983, were presented and reviewed. Attorney Joe Bradley reported on the building code. Re feels it is not part of the City's inquiry as to the location of the utility lines. We just look at setback figures and some constructions. It's up to the property owner. It is customarily up to the utilities to notify each other when they are going to do any digging. Motion by Alderman Behm to accept and enter into the record the minutes of April 11, i983, seconded by Alderman Kellogg. Motion carried. Alderman Gauthier reported on one other item on Budget/Finance Committee concerning a refund of the motor vehicle flat fee tax. Attorney Joe Bradley said we have got this suit by the taxpayer's association but that will be dropped when the County complies with this new law. Any taxing jurisdiction that fails to correctly anticipate the fixed fee revenue has to make a refund. page Minutes of the City Council of Laurel Public Utilities Committee minutes of April 12~ 1983, were presented and reviewed. A claim was turned in from Pbil Nash for replacing a curb stop at 910 10th Avenue. It was recommended that this claim be paid only after a release is signed from Phil Nash. The reIease to be drawn up by Attorney Joe Bradley. Motion by Alderman Ketlog~ to accept and enter into the record the Public Utilities Committee minutes of April 12, 1983 (except for item #3, which Alderman Kellogg would like to set up a special meeting for), seconded by Alderman Harris. Motion carried. Motion by Alderman Kellogg to have a special meeting to open the bids tomorrow evening at 4:30 p.m., seconded by Alderman Behm. Motion carried. Park Committee minutes of April 9, 1983, were presented and reviewed. Motion by Alderman Feuerbacher to accept and enter into the record the ParM Committee minutes of April 9, 1983, seconded by Alderman Harris. Motion carried. BOARD OF ADJUSTMENT minutes of April 12, 1983, were presented and reviewed. Motion by Alderman Kellogg to accept and enter into the record the minutes of April 12~ 1983, seconded by Alderman Gauthier. Motion carried. CITY-COUNTY PLANNING BOARD minutes of April it, 1983, were presented and reviewed. Home occupations were discussed for ~ev~al businesses. Motion by Alderman Brennan to approve a City license to Don A. Kessler dba Kessler Decorating of 1009 7th Avenue, seconded by Alderman Kellogg. Motion carried.8--0. Motion by Alderman Marvin Carter to issue a City license to Barbara Sprague dba Barb's Screen Printing of 501 Alder Avenue upon approval of the Fire Depart- ment, seconded by Alderman Feuerbacher. Discussion. Motion by Alderman Behm to amend the motion to grant the lieense with the stipulation that it remain a one-person operation at this location, seconded by Alderman Kellogg. Motion carried. Question was called on the original motion as amended which now reads as follows: To grant a City license to Barbara A. Sprague dba Barb's Screen Printing of 501 Alder Avenue upon approval of the Fire Department and with the stipulation that it remain a one-person operation at this location. Motion carried 8--0. Motion by Alderman Brennan to approve a City license to Iva Burris Clark dba Soots You Chimney Sweep of 1121 7th Avenue, seconded by Alderwoman Sue Carter. Motion carried. Motion by Alderman Brennan to accept and enter into the record the City-County Planning Board minutes of April 14, 1983, seconded by Alderman Feuerbacher. Motion carried. Alderman Gauthier requested permission to leave the State. Motion by Alderman Behm to grant Bob Gauthier permission to leave the State, seconded by Alderman Brennan. Motion carried. D. L. MC GILLEN - OPEN BURNING: According to Uniform Fire Codes, they say it is legal to have open burning with the restriction of a permit within the City limits of Laurel. Darrell Lee MoGillen's proposal to the City Council is to set up an page 5 Minutes of the City Council of Laurel ordinance restricting open bon~ fires and open burning of any kind within the City limits of Laurel. Motion from Alderman Harris to have Attorney Joe Bradley draw up a new ordinance regarding open burning within the City limits of Laurel, seconded by Alderwoman Sue Carter. Motion carried. Motion by Alderman Marvin Carter that City Hall be closed for two hours for the funeral of former Mayor Ken Olson with the flag to be flown at half mast, seconded by Alderman Kellogg. Motion carried. DAVID MICHAEL - WASTEWATER TREATMENT PLANT: HKM has received the letter back from the State on the plans for our new wastewater treatment plant. They are making the corrections now and should have it back to us by the end of this week or early next Week. The plans will then have to go back up to the State to have the corrections checked before we can put anything out for bids. David also stated that the reservoir painting will begin as soon as we determine the date when the contractors will be in to paint the 4,m~llion gallon tank~ Dave would like the Council's permission to set some water rationing during that time. It should take approximately 30 days in May and June. When the exact date is set an emergency ordinance will have to be passed to be good for 90 days. JOE BRADLEY - BOARD OF ADJUSTMENT: Motion by Alderman Brennan that we give Joe Bradley permission to draw up an ordinance to give the Council final say in the matter, seconded by Alderwoman Sue Carter, Motion carried, Alderman Behm stated there will be a Budget/Finance meeting on Wednesday, April 20, 1983, at 6:30 p.m. There being no further business to come before the Council at this time, the meeting was adjourned at 8:55 p.m. ~~ Donald L. ackmann~ City Cler Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of May, 1983. Donald L. Hackmann~ City Clerk Al-bert EhrlicM, Mayor