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City Council Minutes 08.05.1980
Minutes of the City Council of Laurel August 5, 1980 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 Larry D. Herman, at 7:00 p.m., on August 5, 1980. COUNCIL MEMBERS PRESENT: Albert Ehrlick Susan Carter Harold Burns Terry Fink Duane Behm Ervin Metzger Donald Meyers COUNCIL MEMBERS ABSENT: Bill Brennan MINUTES: Minutes of the regular meeting of July 15, 1980, approved as presented. Minutes of the special meeting of July 15, 1980~ approved as presented. Minutes of the speciaI meeting of July 24, 1980, approved as presented. CLAIMS: Due to computer problems the "Statement of Items Released for Payment" was not presented at this time, but would possibly be ready by Friday. Motion by Alderman Meyers to give the Finance Committee authority to review and approve the claims when the Statement of Items Released for Payment is printed~ so that the warrants can be mailed by Friday afternoon, seconded by Alderman Ehrlick. Carried. CORRESPONDENCE: Received a letter from Mayor Eugene B. Thayer of Great Falls regarding a Civil Defense Preparedness meeting at the White House on August 1980. Motion by Alderman Metz.ger to authorize the City of Great Falls to represent the City of Laurel at this meeting, at no cost to the City, seconded by Alderman Ehrlick. Carried. A hearing was held on June 17~ 1980, on amending Zoning and Subdivision Regulations, but no action was taken at that time. ORDINANCE NO. 683~ AMENDING ZONING REGULATIONS Motion by &l.der. man Ehrlick that Ordih~nce; N~. 683 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll cali vote, all aldermen present voted "yes." ORDINANCE NO. 684 AMENDING SUBDIVISION REGULATIONS Motion by Alderman Ehriick that Qrdihance; No. 684 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted "yes." DUANE BEHM~ BUDGET COMMITTEE: Motion .by Alderman Behm that the Budget Committee minutes of July 2, 8, 28, 29, and BO be entered into the record, seconded by Alderman Meyers. Carried. DUANE BEHM, GARBAGE COMMITTEE: Presented a petition received from owners of businesses in Laurel requesting that the Relative Use Table be recinded. Presented another petition received from owners of properties within the business district requesting permission to withdraw from any City operational garbage collection district. page 2 Minutes of the City Council of Laurel The petitions were entered into the record and taken under advisement by the City Council. The Mayor said that he will be setting up a committee for the purpose of studying both requests, but in the meantime thinks we should go ahead and adjust current rates for the year for which they have already received service. GARBAGE PROTESTS: Mr. Behm suggested that each protest be reviewed and have the Council as a whole help to decide if an adjustment should be made. There was discussion about allowing a vacancy factor of 10% or 15% for multiple dwellings. There was discussion regarding the owners of multiple dwellings filing an affidavit each month stating their vacancy factor and then adjusting the garbage accordingly each month. It was determined that this would be quite a bookkeeping hassle. RESOLUTION NO. 1803 TO ALLOW A TEN PERCENT (10%) VACANCY FACTOR FOR MULTIPLE RESIDENTIAL DWELLINGS (3 OR MORE UNITS) BASED ON THE ANNUAL RATE. Motion by Alderwoman Carter that Resolution No. 1803 be passed and adopted, seconded by Alderman Ehrlick. Carried, with Alderman Fink voting "no." There were 3 or 4 protests from individual residents for various reasons. Discussion. Motion by Alderman Meyers that no adjustments be made on single family residences and duplexes, seconded by Alderman Fink. Carried. PROTEST BY PRICE PHARMACY: Discussion. Motion by Alderman Metzger that Price Pharmacy be charged $180.00 as originally set, seconded by Alderman Meyers. Carried. PROTEST BY DON WOOD: Representing Blackburn Drilling, Copy Bin, and Wood Bin. Discussion. Motion by Alderman Ehrlick that Blackburn Drilling, Copy Bin, and Wood Bin be charged the minimum of $60.00 each, seconded by Alderman Meyers. Carried. PROTEST BY J. W. HOKLIN~ CHIROPRACTOR CLINIC: Discussion. Motion by Alderman Metzger that the charge for Hoklin Chiropractor Clinic remain at $120.00 a year, seconded by Alderman Ehrlick. Carried. PROTEST BY PEARL S. LAIRD~ PRICE PHARMACY~ LeDUC JEWELRY~ & LAIRD APARTMENTS: Discussion. Motion by Alderman Meyers that the garbage fee for LeDuc Jewelry remain at $60.00 per year, seconded by Alderman Ehrlick. Carried. PROTEST BY TERRY FINK, TERRY'S CAR WASH: Discussion. No action taken. PROTEST BY BILL LEISCHNER~ TERRY'S ©UICK STOP: Discussion. No action taken. There was discussion regarding the number of times per week that garbage should be picked up in the commercial area. Motion by Alderman Meyers that the garbage in the business district be picked up on a daily basis during the week, excluding the outlying areas~ seconded by Alderwoman Carter. Carried. page 3 Minutes of the City Council of Laurel PROTEST BY GREG VANBE~,G~ COTTAGE PRINT SHOPPE: Discussion. He protested the $120.00 charge when last year his charge was $1B1.26. Motion by Alderman Metzger that the charge of $120.00 remain as originally set, seconded by Alderman Meyers. Carried. PROTEST BY WILLIAM ARDEN~ ARDEN'S SIGN SHOP: Discussion. Motion by Alderman Me.yers that the charge of $60.00 remain as originally set, seconded by Alderwoman Carter. Carried. PROTEST BY GLENTANA MOBILE COURT: Discussion. Motion by Alderman Metzge( to aliow the 10% vacancy factor for mobile courts, the same as multiple residential dwellings, seconded by Alderman Ehrlick. Carried. PROTEST BY FICHTNER CHEVROLET: Discussion. Motion by Alderman Meyers that Fichtner Chevrolet be charged the same as Johnson Ford ($260.00), seconded by Alderman Fink. More discussion. All aldermen present voted "no." Motion failed. Motion by Alderm~n Beh~ to move the auto dealers from Class 6 to Class 3, Johnson Ford at Level B ($360.00) and Fichtner Chevrolet at Level C ($540.00), seconded by Alderman Ehrlick. Carried. (The reason Fichtner Chevrolet was put in Level C, is that they operate a body shop, whereas Johnson Ford does not.) PROTEST BY DR. JOHN SMITH~ SMITH DENTAL CLINIC: Discussion. Motion b.y Alderman Me~ers that the Smith Dental Clinic remain at $120.00 as originally set, seconded by Alderman Ehrlick. Carried. PROTEST BY CHARLES GEORGE~ SONNY O'DAYS BAR: Discussion. Motion.by Alderman Meyers to leave all cocktail lounges and beverage bars in Class 6 at a minimum charge of $260.00, seconded by Alderman Fink. Carried. Motion by Alderman Meyers to leave Sonny O'Days in Class 6A, $360.00, seconded by Alderman Fink. Carried. PROTEST BY D. J. McGILLEN~ PALACE BAR & LANES: Discussion. Motion by Alderman Meyers that Palace Bar& Lanes be placed in Class 6, Level A. at $260.00 a year, to reflect a one business charge ~~ a bar, seconded by Alderman Ehrlick. Carried. PROTEST BY LITTLE BIG MEN PIZZA & CORNER POCKET: There was discussion about moving these two businesses to Class 6A. Motion by Alderman Meyers to reduce Little Big Men Pizza and Corner Pocket down to Level 6A, $360.00 each per year, seconded by Alderman Fink. Carried. PROTEST BY FLOWERS SHOPPE: Discussion. Motion by Alderman Ehrliek to leave the Flowers Shoppe in Class 2, Level A at $120.00 per year, seconded by Alderwoman Carter. Carried. PROTEST BY RAMSEY LUMBER CO.: Discussion. Motion by Alderman Behm to move Ramsey Lumber to Level 6B at $540.00 a year if he is wil'ling to get by with one container, 5 times a week pickup, seconded by Alderwoman Carter. Carried. page Minutes of the City Council of Laurel Alderman Metzger - yes Alderman Fink - yes Alderwoman Carter - yes Alderman Meyers - yes Motion carried PROTEST BY ANGIE DeCARLO~ CHICKEN TIME: Alderman Behm - no Alderman Burns - no Alderman Ehrlick - no Discussion. Motion by Alderman Meyers that the garbage rate remain as originally set, seconded by Alderman Ehrlick. Carried. PROTEST BY JIM MARTIN~ GUSTS DEPT. STOREy LENNOX APARTMENTS~ & MERCHANT APART- MENTS: Discussion. Motion by Alderman Fink that the garbage rate for Gusts Department Store remain as originally set, seconded'by Alderman Ehrlick. Carried. PROTEST BY LONNIE KELLOGG, TERRY'S PIZZA: Discussion. Motion by Alderman Meyers that the garbage rate remain as originally set, seconded by Alderwoman Carter. Carried. PROTEST BY REITER-MACE INSURANCE: This was taken care of by a previous motion regarding shared office space by different businesses. The garbage rate for churches was discussed, but this will be taken up again at a later date. CURT McKENZIE -- SID 104 and 105: Curt presented a petition for each proposed SID which included signatures of 100% of the property owners, which included waiver for a public hearing and a public notice and all statute limitations on an early letting of this contract. Curt requested that John L. Mohr be appointed attorney for the district. PROTEST BY MIKE ROMEE~ HOUSE AND PAINT SHOP: Discussion. Motion by Alderman Fink to reduce the paint shop from Class 2B to Class 2A at $120.00 a year, seconded by Alderman Meyers. Carried. (House remains at $60.00) PROTEST BY DICK FRANKS~ 2 DWELLINGS AND A BEAUTY SHOP: Discussion. Motion by Alderman Meye.rs to leave the dwellings and beauty shop at the current rate, $60.00 each per year, seconded by Alderman Ehrlick. Carried. PROTEST BY TRUE VALUE HARDWARE: Discussion. Motion by Alderman Meyers to leave True Value Hardware in Class 6A at $360.00 a year, same as other hardware stores, seconded by Alderwoman Carter. Carried. PROTEST BY KEN CHRISTIAN~ SEVERAL BUSINESSES & APARTME.NTS: Discussion. Motion bx Alderman Fink that.office space shared by 2 businesses be placed in Class lA, $60.00 per year and office space shared by 3 or more businesses be placed in a minimum class of lB, $120.00 a year, and billed to the primary tennant or landlord, seconded by Alderman Behm. Carried. There was discussion regarding the Charge for accounting firms. Motion by Alderman Fink to reduce the class down to lA, $60.00 a year, for Tom Albert, 'CPA and C'olberg & Fasching, CPA accounting firms, seconded by Alderwoman Carter. Carried. Division of the house was called for by Duane Be'hm: page 5 Minutes of the City Council of Laurel Motion by Alderman Burns to appoint John L. Mohr as attorney for SID 104 and SID 105, seconded by Alderman Metzger~ Carried. There was discussion regarding the area eovered by both SIDs and the cost involved with each one. JOHN Lo MOHR: Informed the council that he has been in contact with several parties regard'ing the bidding on the bonds and there seems to be a good interest in it and feels that it shouid go quite weli. A four-week notice has to be given in the newspaper to sell the bonds, so this will begin with a notice next week, after your passage of the resolutions tonight. RESOLUTION NO. 1804 BEING A RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO. 104 AND DESIGNATING THE BOUNDARIES THEREOF. Motion by Alderwoman Carter that Resolution No. 1804 be passed and adopted, seconded by Alderman Meyers. Carried. RESOLUTION NO. 1BO5 A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS AND THE SALE THEREOF, THE PROCEEDS OF SAID SALE TO BE USED IN MAKING PAYMENT TO THE CONTRACTOR OR CONTRACTORS OF SPECIAL IMPROVEMENT DISTRICT NO. 104 AND THE COSTS OF CREATING SAID IMPROVEMENT DISTRICT. Motion by Alderman Metzger that Resolution No. 1805 be passed and adopted, seconded by Alderman Meyers. Carried. RESOLUTION NO. 1806 A RESOLUTION PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. 10~. Motion by Alderman Ehrlick that Resolution No. 1806 be passed and adopted, seconded by Alderman Meyers. Carried. RESOLUTION NO. 1807 BEING A RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO. 105 AND DESIGNATING THE BOUNDARIES THEREOF. Motion by Alderman Behm that Resolution No. 1807 be passed and adopted, seconded by Alderman Burns. Carried. RESOLUTION NO. 1808 A RESOLUTION AUTHORIZING THE ISSURANCE OF BONDS AND THE SALE THEREOF, THE PROCEEDS OF SAID SALE TO BE USED IN MAKING PAYMENT TO THE CONTRACTOR OR CONTRACTORS OF SPECIAL IMPROVEMENT DISTRICT NO. 105 AND THE COSTS OF CREATING SAID IMPROVEMENT DISTRICT. Motion by Alderman Metzger that Resolution No. 1BO8 be passed and adopted, seconded by Alderman Meyers. Carried. RESOLUTION NO. 1BO9 A RESOLUTION PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. 105. page 6 Minutes of the City Council of Laurel Motion by Alderman Meyers that Resolution No. 1809 be passed and adopted, seconded by Alderman Ehrlick. Carried. Curt asked for authorization to receive bids for curb and gutter on the north side of Murray Park, estimated cost im around $3,500.00. Motion by Alderwoman Carter to authorize Curt McKenzie to solicit bids for curb and gutter on the north side of Murray Park, seconded by Alderman Meyers. Carried. City Clerk's and City Treasurer's June Financial Statements were presented for approval. Motion by Alderman Metzger to approve the June Financial Statements as presented, seconded by Alderwoman Carter. Carried. Alderman Metzger was granted permission to leave the State. Permission was granted for Dave Powers to send a fireman to the National Volunteer Firemen's Association meeting in Maryland, at no cost to the City. There being no further bu~iness~ome before the Council at this time, the meeting was adjourned at 9.15 ~m. ~~ Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19th day of April, 1980. /4d~?o~ ~ ~ c~f~o~ ~~y~D;'-~r~an, Mayor ATTEST: Donald L. Hackmann, City Clerk