Loading...
HomeMy WebLinkAboutCity Council Minutes 12.21.1982Minutes of the City Council of Laurel December 21, 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 December 21, 1982. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bill Brennan Marvin Carter Susan Carter Duane Behm (late) Rob Harris Donald Meyers Bob Gauthier COUNCIL MEMBERS ABSENT: none MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting b--~ D-~mber 7i 1982, as pre'sented, seconded by Alderman Kellogg. Carried. CORRESPONDENCE: Received the Air Pollution Activity Report for November. Received information regarding ailocations of certain State revenues which the administration proposes to supplement funds presently distributed to local governments. If this passes in the ~legislature Laurel will receive $59,213. The formula is based on population and taxable valuation. Received a letter of resignation January 10, 1983. Received a letter of resignation December 26, 1982, from Ina Anderson, dispatcher, effective from Arleen L. Beven, dispatcher, effective M.otio..n by A.l.d.e?ma,.n ~ey?r.s to accept both resignations and that a letter be written thanking them for their many years of service to the City, seconded by Alderman Kellogg. Carried. Received an.answer from the Department or.Administration regarding the dis- posal of records. Due to the statute of limitations being eight (8) years, they recommended that we keep records for this period of time, instead of the five (5) years per MCA 7-5-4124. The City Clerk read a holiday notice which will be published in the Laurel Outlook as follows: Due to Christmas and New Years day falling on Saturdays, City Hall offices will be closed Friday, December 24th and Friday, December 31st, 1982. DON MEYERS: Regarding retirements, I think we should actually set up a policy that we recognize our people when they retire and make it a standard policy for everyone. Discussion. The Mayor appointed a special Retirement Policy Committee as follows: Don Meyers, Chairman Sue Carter Rob Harris Don Hackmann CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's Financial Statement----~ for Nove~ were presented for approval. ~Alderman Gauthier to accept the City Clerk's and City Treasurer's Financial Repor~-~ ~-~ ~ese--~ seconded by Alderman Harris. Carried. DAVE HALLAND YELLOWSTONE COUNTY ELECTION ADMINISTRATOR: You probably are aware that the c~ of~ires reapportionment of all House Districts and Senate Districts. I have looked through the codes and there is nothing definite about reapportioning Wards, except there are court cases where the one page 2 Minutes of the City Council of Laurel man one vote thing is involved. Because of the redistributing of the House and Senate Districts it will effect our precincts boundaries and all wards must fall within precinct boundaries. They cannot split a precinct. I am not here telling you what you should do with your wards or how they should be reapportioned. All I am doing is making a suggestion as to what I would recommend. I took the 1980 popuiation of the City of Laurel and figured out the population in each ward, so that you would have pretty much exact. I was thinking of growth aiso. I left Ward I with a little heavier population than Ward III, allowing for additional growth, plus the fact I used the 1980 population and in the mean time you have annexed additional citizenry that is not included in my figures. A map, legal description, and population figures were presented for the Council to review: 1980 .Population Previous Population Ward I 1,492 1~255 Ward II 1,343 868 Ward III 1,274 2,186 Ward IV 1,372 1,172 This is my recommendation. You must understand it is up to you as the Council 'to reapportion the City of Laurel. All I want to do is to kind of help and give you my guidelines, because I can run the election no matter how you do it. The only danger you've got, if you don't keep it within fairly equal population, you might get into a court case where somebody might challenge it and say that they aren't being represented and so forth. We have one problem, and this would be up to the City Attorney. When I called the Reapportionment Committee, they told me when they reappor- tion the House and Senate Districts all Senators will have to run again in 1984. The same argument stands when you reapportion wards. The argument is when you take areas.out of one ward and put it into another, these people didn't get a chance to vote for these people, so they are not actually being represented. I have talked to the County Attorney about it and he says to leave it up to the City Attorney. The City Attorney might have to do some research as to whether he feels if all of the aldermen will have to run or not. My thinking would be that when you reapportion, possible the aldermen that haven't run the fulI term, maybe through a resolution you could keep them in office until the next election. Not being an attorney I don't know, but maybe this is a way of getting around it. But that is one problem that we will be confronted with. Do all of the aldermen have to run? We can't do a thing until the Reapportionment Committee presents their plan to the legisIature, they review it and then the Reapportionment Committee files it~ then all of their other stuff takes place. I did want to give you a head start, because after the reapportionment goes into effect I only have 45 days to make the changes in precincts, etc. Discussion. Mr. Halland left the map and legal description for the Council to review and make any recommendations if they wish to do so. page B Minutes of the City Council of Laurel 1981-82 AUDIT REPORT: Mel Tiensvold of Colberg, Yasching, Mrachek and Tiensvold presented and r'e'~'i~ed the audit report for fiscal year ending June BO, 1982. Motion by ~]dcrman Gauthier tolaccept the audit ;report as presented, seconded by Alderman Marvin Carter. Carried. 198B CITY LICENSE RENEWALS: The City Treasurer presented a list of 1983 license renewaIs. Discussion. Motion by Alderman Kellogg to accept and approve the 1983 City license re- newals as listed, seconded by Alderman Brennan. Carried. CITY JUDGE: An ordinance was presented regarding the salary of the City Judge. ORDINANCE NO. 721 (first reading) SALARY OF THE CITY JUDGE Motion by A.l.de.rma.n K.el.l,ogg that Ordinance No. 721 be passed and adopted, seconded.'by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "Yes." AIRPORT AUTHORITY - JOHN H. SMITH: Mr. Smith presented a contract for engineer- ing services' 'by' ~K~ A'ss'oci'at'es,''on the Laurel Municipal Airport. Due to the fact that the land was not transferred to the Airport Authority at the time it was created, the Ff, A will not recognize the Airport Authority, so the City of Laurel is the sponsor for this project. RESOLUTION NO. 1953 A RESOLUTION AUTHORIZING AN AGREEME~iT BETWEEN THE CITY OF LAUREL AND HKM ASSOCIATES TO PROVIDE ENGINEERING SERVICES FOR PROJECT 3-30-0047-01 AT THE LAUREL MUNICIPAL AIRPORT. Motion by Alderman Kellogg that Resolution No. I953 be passed and adopted, seconded by Alderman Brennan. Carried. COMMITTEE REPORTS: Airport Authority - The minutes of November 23rd and December 9th, 1982, were presented. Motion by Alderman Bret;nan to enter into the record the Airport Authority minutes of November 23rd and December 9th, 1982, seconded by Alderman Meyers. Carried. Budget/Finance Committee The minutes of December 20, 1982, were presented and reviewed. Joe Bradley requested more time to study the request by Cam Calvert for a list of the City's utility billing customers. Discussion regarding the recommendation to purchase a $20.00 gift certifi- cate to each employee excluding elected officials except for the Treasurer. The certificates would be purchased from each of the three grocery stores. (ThrSftway, Safeway, and IGA.) Motion by Alderman Gauthier to purchase a $20.00 gift certificate for each emp!c;yee (as stated above) and to distribute them with the pay checks on December 30, 1982, seconded by Alderman Behm. Carried. page 6 Minutes of the City Council of Laurel A resolution was presented to transfer money from SID 106 Construction to the SID 106 Bond Sinking. RESOLUTION NO. 195~ BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Gauthier that Resolution No. 1954 be passed and adopted, seconded by Alderman Behm. Carried. Speoial Sewer Rate Committee - The minutes of December 13, 1982, were presented, reviewed and discussed. Duane Behm mentioned that the Teeters' have verbally agreed to keep the discharge of the buttermilk going to the sewer to a minimum by disposing of it to the pig farmers, etc..~ By working together he'll take and dispose of it all to the pig farmers during a year's time, then the surcharge would be a minimal charge. Mot.ion by..Alder.m.an. Behm to accept and adopt~the Special Sewer Rate Committee minutes' of December' 13'i' 19'8'2, seconded by Alderman Brennan. Carried. Larry Peterson reported that.before the engineers can send the rate stbuct~re to the PSC for approval, we need a resolution by the Council as a Whole approving the rate structure. RESOLUTION NO. 1955 ADOPTING SEWER RATE STRUCTURE Motion .by Alderman Behm that Resolution No. 1955 be passed and adopted, seconded by Alderman Meyers. Carried, with Alderman Marvin Carter voting, "NO." C~metery Committee - The minutes cf December 9, 1982~ were presented and reviewed. Motion by Alderman Harris to accept and approve the Cemetery Committee minutes of December 9, 1982, seconded by Alderman Marvin Carter. Carried. Police Commission - The minutes of December 13, 1982, were presented and reviewed. The Mayor recommended that Mike Atkinson be promoted and appointed to the Captain's position effective January 2, 1983, for a one-year probation at the current Captain's wages ($i0.00 hr.}, and no raise until after the one-year pro- bation. Motion by Alderman Brennan to confirm the appointment of Mike Atkinson to the Captain's position effective January 2~ 1983, at the current Captain's wages and no raise until after the one-year probation, seconded by Alderman Behm. Motion carried. Motion by Alderman Harris to accept and approve the Police Commission minutes of December 13, 1982, seconded by Alderman Brennan. Motion carried. A resolution was presented regarding the minutes of committees. RESOLUTION NO. 1956 ALL REPORTS AND MINUTES OF COMMITTEES SHALL BE PRESENTED IN WRITING TO THE COUNCIL AS A WHOLE. Motion by Alderman Brennan that Resolution No. 1956 be passed and adopted, seconded by Alderman Gauthier. Motion carried, with Alderwoman Sue Carter voting, "NO." page 5 Minutes of the City COuncil of Laurel Public Utilities. C.ommittee - Lo.n.ni.e Kellogg (No written minutes were presented at this time.) Discussed~ the letter to Linda Koch, 929 1st Avenue, from the City Engineer regarding her sewer line that she had put in and she had tapped onto her own main line. There are two violations -- one with the sewer and the other is she lives in an R7500 area, and she will have a multiple dwelling. Mr. Kel- logg asked that the Mayor refer th~s to the Zoning Board so that she may request a variance before the Utilities Committee can act on it. Discussion regarding this being a multiple dwelling area already. This was referred to Larry Peterson for further research. MAYOR'S COMMENTS: Dewey Nunn has.requested permission to store his furniture, etc. in the house at the Sewage DisPoSal Plant until about the end of February. Motion by A. ld~r~an..Esr~.i.n' Carter to grant Dewey Nunn permission to Use the house at the Sewage Disposal Plant f'or storage of h~.s furniture, etc. until about the end of FebruauY~ 198B~.seconded by Alderman Meyers. Carried. Coi.n Me.ter - La.r.ry..P. eterso~. Mr. Peterson reported that the new farmer's water coin meter is being shut.down for the night due to a water leak on West 1st between 2nd and 3rd Avenues. Keith Gomon - Home Occupation - City-County Planning Board Recommendation. At a meeting on December 15, 1982, the Planning Board recommended to the Laurel City Council that the petition for a home occupation at 510 Date Avenue be granted. Motion by Alderman Kellogg. to grant the home occupation designation at 510 Date Avenue, seconded by Alderman Meyers. After a discussion, Alderman Kellogg withdrew his motion and Alderman Meyers withdrew his second to the motion. Motion by Alderman Meyers to refer the City-County Planning Board recommenda- tion to the License Committee and let them take it through the process, seconded by Alderman Keliogg. Motion carried. Purchasing. of Land by Jehovah's Witnesses The City Clerk reported that he had not received a response to a letter of December 10, 1982, which was sent to the Building Committee of the Laurel Congregation of Jehovah's Witnesses in answer to their request to purchase City land. Discussion. The Mayor appointed a special committee as follows, for further study re- garding the sale of land: Don Meyers, Chairman Lonnie KelIogg Duane Behm Joe Bradley - Law Suit I want to let the Council know about the suit we've got going. Some time ago~ people by the name of Kurtz brought an action to quiet title to lan~ that they owned next to Sid's Place, a triangular tract of land out there. They named the City as a defendant, primarily because we have a drainage ditch running through their property. We have reached an agreement with these people now that they will stipulate i~ the suit judgement to the City's drainage ditch. That means, it's an easement and we have access to clean it. Larry has reviewed it and found the description and everything is in order, so I would like authorization to sign this stipulation page 6 MinUtes of the City Council of Laurel and get the City out of this law suit. Apparently they bought this land for tax title and that's why they are now bringing suit to quiet title against anybody else who claims it. Motion by Alderman Kellogg.to give Joe Bradley authorization to sign the stipulation, seconded by Alderman Meyers. Motion carried. Gift Certificates Motion by AldermanMarvin Carter to reconsider a motion that we passed on the $20.00 gift certificates for employees, seconded by Alderman Brennan. Motion defeated 5~-3, with Aldermen Behm, Harris, Kellogg, Gauthier and Brennan voting, "NO." Discussion regarding Christmas party for employees, committee members, gift certificates, and the recommendation to spend money from so~eone else's budget. More discussion regarding having a gathering for the committee members. Motio~ by. Alderman. ~eh.m to.use the balance of the money in the "benefit budget" ($340,00) to put on a gathering for the committees some time after the first of the year, seconded by Alderman Meyers. Motion carried. The Council as a Whole is to be the committee with Bill Brennan as Chairman. There be±ng no further business to~ before the Council at this time~ the meeting was adjourned at 8:43 p.m. (. ~ ~ / 'Donald L. Hackman ,n City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 4th day of January, 1983. ~TTEST: Donald . Hackmann, C~ty ler