HomeMy WebLinkAboutCity Council Minutes 07.03.1979- i
Minutes of the City Council of Laurel
July 3, 1979
A regular meeting of the City Council of the Eity of Laurel, Montana,
was held in the Council Chambers and called to order by Mayor, Larry D.
Herman, at 7:05 p.m., on July 3, 1979•
COUNCIL MEMBERS PRESENT: Albert Ehrlick Susan Carter
Harold Burns Terry Fink Duane Behm Ervin Metzger
COUNCIL MEMBERS ABSENT: Donald Meyers Bill Brennan
INVOCATION: Invocation given by Duane Behm.
MINUTES: Minutes of the regular meeting of 6/lg/7g approved as presented.
CLAIMS: Petty Cash $183.00 Dave Powers $25.00
L V F D 595.00 Darrell L. McGillen 12.50
Chuck Rodgers 12.50 Petty Cash. 35.53
Petty Cash 47.88 Water Operating 213.95 I
U. S. Leasing 166.64 Pitney Bowes: 40.50
Mt St. Treasurer 46.20 Adams Bros. 43,979.54 ,r „ " 154.00 Burger, Anderson etal 1,332.71 '
Sanderson/Stewart/Gaston 2,132.34 Northern Testing Lab. 1,074.2
General 95.32 SID Revolving Fund 1,085.56
r, rt n 267.11 it n n 4 s 793 .13
444.24 St of Montana 444.24
Street 185.00 Water Operating 140.00 rr rr n 2 5 .0 0 rr n ?_'j 0. 0 0
n tr rr 1 i 252.00 n ie rr 10.00
n n n 95.00 n n n 125.00.
n ~r » 125.00 n n n 10.00
Garbage 60.00 General 6.85.00
" 30.00 " 935.00 ~r n n 20.00 n sr 5308.00
U S P 0 300.00 " " " 5,803.00
M D U 30.71 Reporter Inc. 69.32
11 71.05 Consolidated Freight 75.28
" 168.30 Dyce dales 3,943.06
" " 290.70 Cenex 936.80
Ramsey Lumber 79.66 T & E 165.79 Gambles 2.84. Coast to Coast 130.14
,t 6 2.5 0 15.9 9
n ~r ,r 115.71 n n n 1g . 60
Thriftways 31.34 Keith Elton Distr. 113.98
Gambles 31.96 " " 312.91
Nick Kisch 140.00 " " " 318.11 152.48 Adams Bros . 50.00 'i
Larry Wyant 25.00 Montgomery Ward 1,104.44 j
Swain & Morris Constr. 222.73 Midland Electric 1,620.26
Schessler Ready Mix 39.25 Dave's Conoco 27.25
Cinden Heating & Cooling 27.00 Credit Service 60.82
K B Chemical 421.20 .Yellowstone Electric 12.80 r? .r 72 ,15 Flowers Shoppe 21.00
Laurel Servicenter 21.85 Laurel Auto Parts 38.30
„ 77.45 ,f 29.68
„ 353.51 f, 56.29
~T 1, 688.24 Western Drug 14.04
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page 2 Minutes of the City Council of Laurel
claims continued
Carbon Implement $6.48 Security Bank $286.58 ' Ace Electric 511.01 Hall-Perry Machinery 7.86
Carl Weissman & Sons 24.72 N C R 766.75
Mountain Bell 43.11 Northwest Scientific 16.20
Larry D. Herman 35.OQ Eugene Larson 8.00
Cottage Print Shoppe 66.95 Gambles 7.18
Government Innovators 42.24 Laurel Co-op Assn 10.80 Power Transrr~ission 33.80 " " " 73.50
Industrial Towed 20.05 W. W. Grainger 8.85
?r ,t ?r 13.74 Valley Welders 20.80
H K M Assoc. 4,838.71 Yellowstone Bank 2,648.59
'r " „ 1,881.13 H-R Oxygen 4.40
Wyo Ben Supply 81.35 n n ,r 28.60 Michael Todd & Co. 68.55 Colburn's School Supply 4.47
National Business Furn. 999.05 Yellowstone Valley Elec. 58.88
Dave Powers 150.00 PPG 52.30
Nalco Chemical 278.50 Law Enforcement Academy 123.50
Mildred Swan 45.00 Merle Cherry Constr. 1,305.15
Billings Times 63.75 Laurel Outlook 84.00 Gt. Plains Mar~eting 51.75 rr " " 18.00
SEC Corporation 144.00 Fred's TV 3.50
Prices' Pharmacy 62.97 Dept. of Health & Env. Sci. 135.00
Rapid Tire Inc. 66.26 Northwest Scientific 44.98 ~
Linger's Glass Shop 127.20 Kings Mountain Shop 51.85 ~i
Fichtner Chevrolet 517.00 Northwest Pipe 1,413.40 li
Peterson Typewriter 179.50 " " " 57.38 ~I Stormont Welding 3.00 " r' „ 21p.g1 i
Elk River Concrete 35.70 Erma Seymour 353.50
Laurel Vet. Clinic 283.00 Laurel Outlook 39.45
Dept. of Health & Env. 50.00 Mountain Bell 561.33
Big Sky Linen 8.00 " " 16.50
Baker & Taylor Co. 20.53 " " " 204.77 Quality Books Inc. 352.28 Highsmith Co. 22.91
Montana Power 34.79 Montana Power 571.55 I
t~ 406.40 559.66
r~ 196.99 Payroll 65, 695.74
„ „ " 1,734.80 i
Motion by Alderman Metzger to pay claims as presented for the month '
of June, seconded by Alderwoman Carter. Carried.
BIDS FOR STREET MATERIAL: This being the time and place advertised, the
bids were opened and read aloud.
Mossmain Industries total bid $30,250.00
Krug Sand & Gravel total bid 35,700.00
In lieu of a performance bond, Mossmain Industries proposes to provide
a Standby Letter of Credit, issued by the Midland National Bank of Billings
for the full amount of the contract.
Motion by Alderman Ehrlick to accept the-low bid $30,250.00 by Mossmain
Industries, seconded by Alderman Burns. Carried.
BOB KELLEHER: talked about the Day By Day House, Inc., located at 3420
Phillip Street, Billings, Montana, which provides intermediate treatment
for recovering alcoholics recently released from primary treatment centers.
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page 3 Minutes of the City Cou~nc~l of Laurel
Financi g is a problem. The Mental Health Center has been giving them $600 III a month enough for the mortgage payment and gas bill, but their budget has
been cu and will not be able to help the Day By Day House any longer. They
are not eligible for United Way funds for another year and would appreciate
any hel that they could get from the City of Laurel. This request was for-
warded ~o the budget committee.
STORM SEWER: RESOLUTION N0. 1740
RESOLUTION RELATING TO $1,800,000.OQ GENERAL OBLIGATION
STOFIM SEWER BONDS: DETERMINING THE FORM AND DETAILS,
AUTHORIZING THE EXECUTION AND DELIVERY, AND LEVYING
TAXES FOR THE PAYMENT THEREOF. j
Motion by Alderman Burns that Resolution No. 1740 be passed and adopted,
seconded by Alderman Behm. Carried. II
Storm sewer construction bids were opened on May 22, 1979, but were not I
awarded to anyone until the bond transcript had been accepted by bond counsel. ~
The bonds are now being printed and Resolution No. 1740 has been gassed and I
adopted. it
Motion b Alderman Ehrlick to award the construction contract to the law
bid of 1,313, 85. 3 by Lloyd C. Lockrem, Inc. and to give the Mayor authority
to give notice to proceed as soon as the money is received, seconded by
Alderman Burns. Carried.
APPOINTMENTS: With no objection by the Council, the Mayor made the following
appointments: Tom Ludwig to the Gambling Commission
Terry Fink to the Cemetery Board
Parking Feasibility Committee: I Tim Zent, Chairman j
Paul Gjefle ~I
Gene Barsness
Vern Halvorson ~i
Protests were received and entered into the record by residents on Laurmac ~~i
Lane and 11th Street for proposed SID ~~103. The district has not been created
yet, but these people do not want to be included.
MAYOR'S COMMENTS: Reminded the Council of a special meeting on July 17th at
5:00 p.m. to open bids on water line replacement.
Duane Behm reported that the budget committee will be meeting next week
and anyone that has not turned in their budget do so as-soon as possible.
Permission was granted to Sue Carter, Larry Herman, Donald Lenhardt, and
Duane Behm to leave the state.
There being no further busine s o come before the council at this
time, the meeting was adjourned a 7:45 p.m.
Dona d L. Hackmann, City Clerk
Approved by the Mayor and passed by the City Council of the City of
Laurel, Montana, this 17th day of ~7uly, 979•
ATTES L ry D. He man, Mayor
onald L. Hack ann, City Clerk
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-----_ r----_.._____
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- ---- --- -- -- - -- - -
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MkT-THEW W. CALVERT, M.D.
E. LEE RICHARDSON, M.D.
Bo-r-4JIL - 1035 First Avenue North
LAUREL, MONTANA 59044
City Clerk
City of Laurel
Laurel, Montana 59044
July 9, 1979
TELEPHONES Area Code 406
LAUREL 698-6311
BILLINGS 2529101 F IL
RE: Resolution of Intention to Create Special Improvement District 0102
Dear Mr. Hackman:
Doctors Calvert and myself wish to protest the inclusion of our lots I and
half of lot 2 of Whitfield subdivision in the city of Laurel for the
intention to create Special Improvement District #102. If Ilth street
which borders the drain ditch to the north:6f our property is to be paved
we understand we should partially share in this cost but hopefully not to
the extent as specified with the Special Improvement District #102.
Sincerely,
Lee Richardson, M.D.
Matthew W. Calvert, M. D.
LR/cv
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M 7 N U T E S
PUBLIC UTILITIES
M h 21.
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Committee
Date arc Ti me 7 •r" p.m.
Place of meeting City Hall
A. Members present: Chairman Don Meyers
Tom Bradley, Ken Beven, Curtis McKinsey, Dick Metzger, Dave Powers, Marv Carter
B. Others present: Dan Peinovich, W. A. Johnson Arl Bashoft, Jim Stobie -
A quorum (3 or more) present, the following action was taken by the comma tt.ee:
WAIM OF ANNEXATION :
1 Waiver of Annexation was questioned by Jerry Strecker. Dale Shuey wanted the
program laid out.
Vote : yes no
2) SEWER RIGHT OF WAY: Judy and Terry Krum wanted to hook up to the sewer right
away if possible. Elvis Edgmond does not have sewer either, but do not request
it at this time.
Vote: yes no
3) The home owners will have a meeting and get back to the committee at a Iia?er date.
5)
Vote: yes no
Vote : yes no
tfully submitted:
, Chairman
, Member
x
To: LAUREL CITY COUNCIL
By virtue of the authority vested in me as Mayor of Laurel,
I hereby nominate and appoint the following non-elective officers:
1. DONALD L. HACKMANN, City Clerk
term: 2 years
2. THOMAS L. BRADLEY, City Attorney
term: 2 years
3. DONALD LENHARDT, Chief of Police
term: 2 years
4. T. CURTIS McKENZIE, City Engineer
term: 2 years
5. RICHARD METZGER, Maintenance Director
term: 2 years
6. KENNETH BEVEN, Public Utilities Director
term: 2 years
7. EARL LINGER, Police Commission
term: 3 years
8. DIONE SMITH, Air Pollution Control Board
term: 2 years
g. KENNETH BEVEN, Civil Defense
As Mayor, I reserve the power to terminate any appointment
and remove or suspend the appointee from office when being of
the opinion that the interest of the City of Laurel demand the
removal or suspension.
The consent of the City Council to the above appointments
is hereby requested.
Dated -;5r - / S - -7'?!
/Carry D. erman, Mayor
, r.
City of Laurel
P.O. BOX 6
PHONE: -
698-8791
LAUREL, MONTANA 59044
May 15, 1979
OFFICE OF THE MAYOR
DEPARTMENT
TO THE LAUREL CITY""COUN,CIL
RE: Robert & Barbara Smith
Enclosed is a letter which I received from Mr. & Mrs.
Smith concerning the commercial zone designation.along the
old US #10 to the west of Laurel. You will note.that'they
have:.-asked for reconsideration of the Council's action.
Motion to reconsider in the. Council can be made only
by a councilperson who voted with the prevailing side.
The effect.of a motion..to reconsider is the-suspension.
of all action that depends on the result of the vote proposed
to be reconsidered, either until the Council takes..action
upon the motion to reconsider or until there effects termi-
nation by failure to act before the next regular meeting.
A motion to reconsider..is the proper method to bring
back for consideration a motion which has already been
voted on. The. purpose of 'reconsidering a vote is to permit
correction of hasty, illadvised,.:or erroneous action,.or
to.take into account added information, or, a.changed situa-
tion that has developed since the taking of the... vote.
When a'member of the Council:who cannot move a re-
consideration believes there.are valid reasons for one,
he can obtain the floor while no business is pending and.
briefly state his reasons for hoping that reconsideration
will be moved, provided that this does not run into debate...
The letter from Mr. & Mrs. Smith is brought to the
attention of the Council for their consido_;ration:as set
forth above. The reconsideration, if .any,>should be brought.
up at the next regular Council:Meeting.
arry D. Herman, Mayor
.LDH/pj
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May 11, 1979
928 West Fourth Street
Laurel, Montana 59044
The Honorable Larry Herman
Mayor of Laurel
City Hall, 115 West Main Street
Laurel, Montana 59044
Dear Mayor Herman:
This letter is an appeal for the reversal on the decision made May 8, 1979 by
the Laurel City Council to zone the land West of eighth Avenue and one block
North of old Highway 10 as commercial. We feel the council's decision was
made in haste and was not based on what is best for Laurel as a whole. Perhaps
some of the new council members are not fully aware of how their decision may
affect the Laurel downtown area and the residential area West of Laurel.
Mr. John McMartin, a professional planner hired by the city for his expertise,
indicated that Laurel already has an excessive amount of commercial land yet
to be developed. He, also along with the City-County Planning Board members,
indicated that Laurel did not need more commercial zoned land at this point
in time.
An excessive amount of commercial land could well detract business from the
present downtown area. It is our understanding that the cost of commercial
land located in the county is considerably less than commercial land located
in town. This fact alone might motivate business to locate and relocate away
from the present downtown area. This could make Laurel go the way of many
cities who did not plan ahead or failed to heed the advice of a professional
planner. The end results of such poor planning has made many cities have
their downtown areas become less than a desirable place to shop.
Most people have had a well planned outline to present to the council for its
consideration. This would include such recent proposals as the Turcotte, Fox,
and Kukes proposals. Such proposals give the members of the council an oppor-
tunity to study a proposal and base their decision on what is best for Laurel
rather than what is best for a few. These few families did not present any
plan at all, much less a well laved out plan for study by the council. At
the present time the council only knows the land is commercial, but has no
idea if the land would be used for duplicate businesses or businesses adverse
to the beauty and environment of Laurel. At best the businesses put in would
be hopefully desireable, and at worst a constant legal enforcement on the part
of the city to make a business live up to our community standards.
r?
The Honorable Larry Herman
Page 2
May 11, 1979
In light of this information, we respectfully ask the council to reconsider
its decision and make this few group of people present a plan to prove ex-
actly what kinds of businesses they intend to bring to Laurel and that these
businesses are not duplications of present merchants or deleterious to our
community.
Respectfully,
a
G,
Robert C. Smith
Barbara mith
"t. VETO BY MAYOR
VETO BY THE MAYOR OF THE LAUREL CITY
COUNCIL'S ACTION ESTABLISHING R-7500
SINGLE FAMILY DWELLING DESIGNATION IN
S & S SUBDIVISION AND IGNORING THE
LAUREL-YELLOWSTONE CITY-COUNTY PLANNING
BOARD'S RECOMMENDATION.
RECITALS
1. On May 8, 1979, the City Council of the City of Laurel,
County of Yellowstone, State of Montana, at a special meeting
called pursuant to ordinances and state statutes, by action,
established an R-7500 zone in the S & S Subdivision.
2. The Laurel-Yellowstone City-County Planning Board, after
considerable investigation and study, recommended that S & S
be zoned as R-6000.
.3. The Laurel--Yellowstone City-County Planning Board found
the adjacent property to the S & S Subdivision was of a zone
category consistant with R-6000 zone designation.
4. That the area is suitable for R-6000 zone designation
and will not depreciate or in any manner cause depreciation
of the properties surrounding the S & S Subdivision, but
will instead enhance the area.
5. The Mayor is of the opinion that the recommendation of
the Laurel-Yellowstone City-County Planning Board was in
the best interests of the City of Laurel and should have
been adopted by the City Council.
The City Council chose to ignore the time and effort
of the Planning Board in developing a Comprehensive Zoning
Plan for the City of Laurel, which is not in the best in-
terests of the City.
VETO
NOW THEREFORE, I, Larry D. Herman, Mayor of the City of
Laurel, County of Yellowstone, State of Montana, under
authority granted under ordinance Sec. 2.08.020, LMC, and
Sec. 7-5-4205, MCA, to hereby veto the action of the City
Council establishing an R-7500 zone in the S & S Subdivision.
It being the opinion of the Mayor that the proper zone
designation, which would be in the best interests of the
City, is R-6000 as designated by the Laurel-Yellowstone
City-County Planning Board.
-1-
IN WITNESS WHEREOF, I, Larry D. Herman, Mayor of the
City of Laurel, County of Yellowstone, State of Montana,
affix my signature to this veto as such Mayor on May 14,
1979.
Larry D. Herman, Mayor
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CITY OF LAUREL COMMITTEES
Committee Appointments are for 2 years,except where otherwise indicated.
PERSONNEL GRIEVANCE COMMITTEE
Mayor, Larry D. Herman
Council Pres., Ervin Metzger
Council V. P., Sue Carter
FINANCE
Ervin Metzger, Ch.
Sue Carter
Don Hackmann
Larry D. Herman
STREET & ALLEY
Albert Ehrlick, Ch.
Duane Behm
Paul G jefle
Larry Lorf ing
PARKS & RECREATION
Sue Carter, Ch.
Bill, Brennan
Bob Bowers
Kenneth Beckberger
Robert Western
Ron Faught
PUBLIC-HEALTH & GARBAGE
Duane Behm, Ch.
Albert Ehrlick
Peggy Parker
Charles Rogers
AIRPORT
Dr. John H. Smith, Ch.
Terry Fink
Dave Powers
Larry Wyman
Jim Kline
Guy Stormont
Jake Stanley
LIBRARY
Ruth Baker to 5/82
Jean Williams to 5/82
0llismay Gass to 5/83
Bill Brennan to 5/84
AIR POLLUTION CONTROL BOARD
Dione Smith 6/81
MAYOR'S BUDGET
Duane Behm, Ch.
Don Hackmann
Curt Mc Kenzie
Ervin Metzger
PUBLIC UTILITIES
Don Meyers, Ch.
Marvin Carter
Harold Burns
1 vancancy to be appointed
POLICE.:-& FIRE
Harold Burns, Ch.
Terry Fink
Vern Halverson
Doug Steinhardt
PUBLIC BUILDING--PROPERTY
Bill Brennan,-Ch.
--Erv nr_Metzger
Henry Koppleman
LICEUSES
Terry Fink, Ch.
Lonnie Kellogg
Don Meyers
AMBULANCE
Gay Easton Ch.
Maurie Kaiser
Roy Sandman
Bill Brennan
Dave Little, Dir.
Dale Wood, Asst.
SAFETY
Curt McKenzie
Ken Beven
CIVEL DEFENSE
Ken Beven
CEMETERY
Herman Michael, Ch.
Lyle Jones
Frank Smith
Wallace Mc Gee
Ken Olson
1 Vacancy to be appointed.
Committees Cont.
GAMBLING COMMISSION
Charles George 6/82
1 vancy to be appointed
BOARD OF ADJUSTMENT
Jim Smith 5/80
Dick Michel 5/80
Andy Muri 5181
Bonnie Preikszas 5/81
1 Vacancy=to be appointed.
PLA.NMG BOARD
Kenneth Chresti4n 6/81
R. M. Williams 6%80
Tom Bradley term of office
Dr. John H. Smith 6/81
Mary McCormick 6/81
Jim Straw term of office
Bus Robes 6/80
Gerald Shay 6/81
Otto J. Preikszas 6/80
Jim Seaton 6/80
Ed LaFrath 6/80
POLICE COMMISSION
Rev. E. C,.. Biller to 5181
Jim Kellison to 5/80
Earl Linger to 5/82
BOARD OF APPEALS
Colen Ramsey
Clarence Sonstegaard
Charles McEvony
Dan Robertus
Lou Armstrong
PLANNING CONSULTANT
John MacMartin, Cumin Assoc.