Loading...
HomeMy WebLinkAboutCity Council Minutes 10.19.1982Minutes of the City Council of Laurel October 19, 1982 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 October 19, 1982. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Susan Carter Marvin Carter Rob Harris Duane Behm Bob Gauthier Donald Meyers COUNCIL MEMBERS ABSENT: Bill Brennan INVOCATION: Invocation given by Reverend Whanger. MINUTES: Motion by Alderman Behm to approve the minutes of the regular meeting of October 5, 1982, as presented, seconded by Alderman Gautbier. Carried. CORRESPONDENCE: Thank you note was read from Lud Erlenbacb. Letter from the Office of the Lieutenant Governor regarding the proposed block grant for cities and towns. The City Clerk will be attending a meeting in Wolf Point on October 22nd and will discuss the block grant distribution a little bit further. Letter was read from the Federal Emergency Management Agency stating that the City of Laurel's eligibility in the National Flood Insurance Program may be suspended on January 6, 19B3, unless the required flood plain management measures of Section 44CFR60.3(d) are enacted by the City. They are advising us to take some action regarding this matter. Letter from HKM regarding the progress of the pipeline relocation. Received the agenda and the September minutes of the Air Pollution Control office. BID OPENINGS FOR STANDPIPE AND WATER RESERVOIR: This being the time and place advertised, all bids received were opened and read aloud. Johnson Painting & Decorating no bid bond attached ............................ $8,330.00 High Plains Power Wash & Service bid bond attached ............................... $8,480.80 Motion by Alderman Kellogg to send the bids to the Public Utilities Com- mittee for further study, seconded by Alderman Harris. Motion carried. CITY CLERK'S and CITY TREASURER'S FINANCIAL STATEMENT: City Clerk's and City Treasurer's Financial Statements for the month of September were presented for review and approval. Motion by Alderman Kellogg that the City Clerk's and City Treasurer's Financial Statements be approved as presented, seconded by Alderman Gauthier. Motion carried. KREG JONES~ FINANCIAL CONSULTANT FROM D. A. DAVIDSON: Mr. Jones presented a proposal to the City of Laurel to assist us in the issuance of approximately $900,000.00 in Sewage System Revenue Bond's. D. A. Davidson's fee would be based on the par value of the bonds (12.50 per $1,000.00 par value on the first mil- lion dollars plus $5.00 per $1,000.00 par value of.bonds sold in excess of the first million dollars). Their minimum fee is $10,000.00 per issue. page 2 Minutes of the City Council of Laurel LARRY HERMAN~ GEL PROPERTIES: (Public hearing was held October 5, 1982.) The reai problems with this annexation seems to lie in the two items of whether or not the 20 ft. dedication and the parkland must be met by GEL Properties. Larry stated that Joe Bradley talked with the man in Helena regarding the park dedica- tion, and they feel the City cannot get the parkland. In regards to the 20 ft. dedication, if the City just wants protection for public service utilities, his people would have no objection to an easement but not the dedication. The curb and gutter would go where it is at the present time, and if you want a 20 ft. easement for utilities then they would grant that and it would make no difference in setback requirements. Lonnie Kellogg Even if the curb and gutter are along the roadway, do we still have the right to the additional 10 or 20 feet? Larry Herman Yes, for use as public service utilities or roadway. Joe Bradley Are you proposing that you put it in as boulevard? Larry Herman I think boulevard would be the wisest thing. Then there is no question because the plans already call for a boulevard. Actually, you would be better off with that than either an easement or full dedication because boule- vard is public land. Then you don't have the problems of easements or full dedication. Joe Brad.l.ey. What the City would be looking at then is if ever in the future they would want a widened road they could just take the boulevard. They would have to dig up the curb and sidewalk or whatever. Larry Herman Yes. They would have to do that all along 8th Avenue. Lonnie Kellogg Does it still give us the right? Larry Herman Yes. If the boulevard is there it is dedicated public land, but the setback for building on it comes from the curb. Joe Bradley Would you execute an easement for record on this? Larry Herman Yes, to make it a boulevard. Larry Peterson Would you execute a record of easement? Larry Herman No. It would be a dedicated boulevard.~ Larry Peterson It's not quite the same as a utility easement. Larry Herman We can put on the dedication "Utilities Easement". Larry Peterson I would like to see it as a permanant 20 ft. easement; Larry Herman You can use a boulevard for utility easements. Larry Peterson Yes, until you go out and dig it up. Larry Herman Well, that's between the City and the property owner, there. Larry Peterson But if we get a permanent easement then there's no we can go out and dig it up. Larry Herman A boulevard is a permanent easement, basically it's also That's why a boulevard is much cleaner. Lonnie Kellogg Can we move for a permanent easement? Larry Herman If you grant the boulevard, there is a permanent easement through that boulevard for all utilities including roadways. but it is question~ and dedication. page 3 Minutes of the City Council of Laurel Larry Peterson The boulevard doesn't extend across the parking lot, driveway and so on and I wouid prefer that the language say 20 ft. easement across the entire frontage straight. Larry Herman If you want to do that it's fine. If you want to just say that they grant a 20 ft. easement on the front for public services that's fine. Joe Bradley Would you be willing to put that in a deed form and sign it? Larry Herman Sure. At this time OrdinanGe No. 719 was presented. ORDINANCE NO. 719 BEING AN ORDINANCE ANNEXING TRACT l-B, CERTIFICATE OF SURVEY NO. 2147. Motion by Alderman Marvin Carter that Ordinance No. 719 be passed and adopted, seconded by Alderman Kellogg. Upon taking roll call vote Alderman L. Kellogg, M. Carter~ D. Behm, D. Meyers, S. Carter, and R. Harris voted, "Yes," and Alderman Gauthier voted~ "No." Motion carried. RESOLUTION NO. 1944 DIRECTING THE cITY DIRECTOR OF PUBLIC WORKS TO WITHHOLD A BUILDING PERMIT FROM GEL PROPERTIES INC. UNTIL A 20 FT. PUBLIC SERVICE AND ROADWAY EASEMENT IS GRANTED TO THE CITY ALONG 8TH AVENUE. Motion by Alderman Kellog~ that Resolution No. 1944 be passed and adopted, seconded by Alderman Meyers. Motion Garried. JOE BRADLEY, FLOOD PLAIN ORDINANCE: This matter left on the table until the November Brd meeting at which time Joe Bradley will have the ordinance ready for Council approval. COMMITTEE REPORTS: Budget/Finance Committee Alderman Behm presented and reviewed the Budget/Finance Committee minutes of October 5, 19B2. Motion by Alderman Behm to accept and approve the Budget/Finance Committee minutes of October 5th, seconded by Alderman Gauthier. Motion carried. Alderman Gauthier presented and reviewed the Budget/Finance Committee minutes of October 12th. Motion by Alderman Gauthier to accept and approve the Budget/Finance Com- mittee minutes of October 12th, seconded by Alderwoman Sue Carter. Motion carried. Alderman Behm presented and reviewed the Budget/Finance Committee minutes of October 18th. Motion by Alderman Behm to accept and approve the Budget/Finance Committee minutes of October 18th, seconded by Alderman K~llogg. Motion carried. Garbage Committee Alderman Marvin Carter reported that at the end of the month we will be going off daylight savings time ~nd at tha~ time We will be changing the landfill hours to 8:00 a.m. to 4:00 p.m. There will be no more late evening hours and the men working 10 hr. shifts will go back to 8 hr. shifts. The Garbage Committee also studied a request from George Fox to put ten garbage cans down on Yard Office Road and East Main and another 10 cans on East page4 Minutes of the City Council of Laurel Maryland and Yard Office Road and have the people within the subdivision haul their garbage to the cans. The committee feels this is an unjust request since the people within the City do not do this. Therefore, the Garbage Committee has refused to grant him this request. Marvin Carter re. Schwan's Salesman Joe Bradley reported that a letter has been sent but no response received. Bradley has informed the Chief of Police if he sees the Schwan man selling in town to pick him up and ticket him. It wilI then be up to the Judge to set the fine and usually as a condition of the fine the Judge will require that he buy a license in addition to the fine if he is found guilty. ~ity Clerk re. ~irport Authority City Czerk reported that the auditors had noticed that we have not received the minutes from the Airport Authority. Claude Cory turned in all the minutes from October 1, 1981, to August 24, 1982. Motion by Alderman Behm to enter the minutes of the Airport Authority into the record, seconded by Alderman Meyers. Motion carried. Transfer of land to Airport Authority. RESOLUTION NO. 1945 AUTHORIZING THE MAYOR TO TRANSFER ALL AIRPORT PROPERTY TO THE LAUREL AIRPORT AUTHORITY. Motion made by Alderman Meyers that Resolution No. 1945 be passed and adopted, seconded by Alderman Behm. Motion carried with Alderwoman Sue Carter voting "No." MAYOR'S COMMENTS: Personnel Committee met regarding the wage settlement for Walt Menello. The committee recommends denial of the wage claim as presented in the letter of September 21, 1982, from Douglas D. Howard. Discussion. Motion by Alderman Meyers to accept the recommendation of the Personnel Com- mittee to reject the claim as presented in the letter dated September 21, 1982, from Douglas D. Howard, seconded by Alderwoman Sue Carter. Motion carried. Mayor's Appointments to Laurel Police Reserve: Chief, Jim Morrison Asst. Chief, Mike Penne Sgt., Bill Brennan Pat Morrison Sue Strand Don Brown John Strecker Jesse Chavez Pat Metzger Motion by Alderman Behm to Mike Dodge Ken Hoiness Dick Rollison Mary Korth Dale Sanford Tim Elsenpeter Jerry Lawyer Nick Kisch Rick Musson approve the appointments of the Laurel Police Reserve, seconded by Alderman Meyers. Motion carried. Mayor would like to appoint Larry Peterson and Marvin Carter to the Solid Waste Management Bureau and Department of Health. Motion by Alderwoman Sue Carter to approve the appointment of Larry Peterson and Marvin Carter to the Solid Waste Management Bureau and Department of Health, seconded by Alderman Meyers. Motion carried. page 5 Minutes of the City Council of Laurel Joe Bradley re. City Judge Judge Menello is planning on retiring in February~ and a new judge will need to be appointed. The Council should be thinking about passing an ordinance setting the City Judge's salary. Agreement - Interlocal County Law Enforcement Agency Joe Bradley reported on this. Motion by Alderman Kellog~ to table this agreement until the November Brd meeting, seconded by Alderman Meyers. Motion carried. This matter referred to the Council as a Whole to meet at 7:00 p.m. on October 26th. Mayor commented that the next regular Council meeting is scheduled for November 2nd, which is Election Day. Mayor suggested changing the meeting to November 3rd. Motion by Alderman Kellog~ to change the next regular Council meeting to November Brd, seconded by Alderman Harris. Motion carried. City Clerk re. SIDs City Clerk stated that he got a call from May Jenkins, County Treasurer, regarding the collection of SIDs. There was a law passed effective July 1, 1981 (Title 15) that states that all SIDs passed after July 1, 1981, shall be paid in two installments. Another section of the law (Title 7) states that the City has the option to have it all due on the November payment or split it up into two payments. The first payment due November BOth and the second payment due May Blst. After talking with May Jenkins again today she contends that her attorney told her that Title 15 supercedes Title 7. Alex Hansen with the Montana League of Cities and Towns maintains that Title 7 was set up so that the City has the option. The City of Laurel SID bonds are set up so that the principl and interest come due on January 1st. Motion by Alderman Kellogg to collect all $IDs on annual installments due November BOth, seconded by Alderman Behm. Motion carried. Mike Bloom re. Scuba Diving Mike Bloom stated that E.M.C. has a professional scuba diving team. They have requested the use of the South Pond for their sessions. They have their own insurance and the City would not be held liable in any way. Motion by Alderman Kellog~ to give the E.M.C. scuba divers permission to use the South Pond if they sign a waiver, secQnded by Alderman Harris. Division of the house: Aldermen Gauthier, Sue Carter, Behm, and Meyers voted, "No~" and Aldermen Kellogg, Harris and Marvin Carter voted, "Yes." Motion defeated 4--3. There being no further business to--before the Council at this time~ the meeting was adjourned at 8:39 p..m. ~ ~ /~ ~]j _ Donald . Hackmann, ity ~ Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of November, 1982. ATTES~ ~_ Donald L. Hackm~nn, City C'lerk