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HomeMy WebLinkAboutCity Council Minutes 07.20.1976Minutes of the City Council of Laurel i July 2D, 197b A regular meeting of the City Cotancil of the City of Laurel, Mont., was held in the Counezl Chambers, and called to order by Mayor L. M. Yovetich~ at 7:00 ofcloek, P.M., on Tuesday July 20, 197b. Upon tak3.ng roll call, the following aldermen an,~wered present: I Tom Hard Gay Eaton 'tom Kilpatrick Chuek Rodgers Susan Carter Herman Michael E.Fi. Ebersviller, Sr. The minutes of the last regular meeting of duly 5, 1976, weres read. Motion way made by Ebersviller and seconded by Kilpatrick that the minutes be approved as corrected. Motion carried. i Resolution No. 15l~8 way presented as follows: ~soLtr~zo~ rto. 1548 RESOI,U'~ION 1~~. 15l~8~ BEING A RESOLUTION TRANSFERI~IIdG CERTAIN FUNDS 0~' THE CITY LAUREL, MON'PANA. Motion was wade by Eberswiller and seconded by Michael that Re€aolution No. 15l~8 be declared pissed and adopted. Motion carried. The Mayor read the following statement. This statement will be short and to the point. Tn spy opinion we awe experiencing a lack of co~,4peratio~ oungst the official memb~r~ of our achainistration. Again. Last (ktob~r we were exp~ri~,ncing a lack of cc~nmunica~ion which I tr3.ed to resolve, in January Z e~cpressed my viewpoints in a written stat~rnent presented before the council .bout lack of ccn~nunication ~amoung~t us. In April T ~en~ed proble~~ of ~ne~.siness m~noungst oar people and called a meeting of the officials to head off any explosion. No otte achnitted to a problem. Now in July we are right back at it again. Once about every t~re~~ months . In my opinion all these problems and disagreements are being pointed at me to make me look bad. I am not going to defend myself. I have always been direct in my approach. And I certainl~r will be no r. I will express my opinions. First I believe the eou.~c3.1 is divided. Thee are elected people.. I have no control over them. They axe the policy setting gro~.p. I sha~ald have sane ccmu~unication with the official. I have appointed. City Clerki Citg Attorney, City Engineer, Chief of Police and Safety and Building inspector. Thee appointed pee~ple are not c~nmunicating or co- oper~ting with each other. They will not respee~ each oth~;rs authority. i In my opinion, the City Attorney hay nearly everyona in the ac9~inistration associated with ham confused with his ~eehnical points on law. No ec~runittee or Board fe~la free to act. In my Opinion, his involvement in Policy making is over extended. ~'}~o nhi of nf' 'Pnl -i no n~i saim c the n fln 1 f r7n nr~~r~_}~i' van 1~on n~~oe eaf' ~1-L~o l ~v r.~.. ........v.~. v.~~....a~,u.+ a..., v.:...a v ..av w J. vas.iazE;j vc.vw.ur-+o vs. viac`+ .acaa • Accorcling to the opinion of sc~n~ city officials, he is nod doing h3~s job anyway. The credibility of the personnel director is being questioned by scxne eounai7snen and other officials. He has been accused of stepping on too mane toes and ha.s aer~ little ~o-operation from other official. The City Clerks office has let out same questionable information about the Mayors exp~n~e~. They do not have a good working relationship with svr~e depas~tment heads. No ec~mment on the City Engineer - He retired. The lack of co-operation amaungst the above n~ned people is c~usin~ a slow down of progress in our City Business which pla,~es ari undu.~+ burden on our ta~cpayers. The very thing we should be avoiding. I a~n not certain of what is eau.~ing oar probl~ns. What ever i~ i~, power grab, pol3.tieal man- uever, or plain clown right antagonism, T have got my belly full of i~. I going to tale the bull by thy; horns right here and right now. I fai11 give the above mentioned appointed people exactly 3D day$ to meEt and. resolve their indifferences and start moving this e3ty fo~rard. If this fails I will r~:quest a resignation from each end every one of you.. (signed) Louis Yove~i~h I -~T r---- _ ,-,----T ~I Minutes of the City Council of Laurel Sue C~.rter suggested the possibility of an in-depth job description of ~a~h fob area ~o sid the officials ire lrnowing what is expected of their. Kilpatrick stated that he supported the Mayor's staid and said that 3.f an~r of the officials wotzl.d like cotu~cil advice they wo~.l.d be more than glad to help. I John Smith repre~eMtir~g tkse ~.i.rport ccymmi~~ion appeared before the coianc3l to get perrtiission to study the possibility of go3.ng to an .Airport Authority. He stated that they aye 1oo~ing their money frc~n year to year. Motion was made by Kilpatrick and ~eeonded by Ebersvill~;r that the airport commission be given the authority to study the legal aspects of this matter. Motion carried. John McMartin, a planner frcan Cummins Assoei~.tes, reported on the city-county planning board's reccrm~aend~tion for the plat of the Cherry Hill Subdiv:i.sion. `The proposed plat does not have any alley.. Therefore, the water lines, sewer lines and X7.1 utility lines would have to be down the middle of the street. Also them would be eompl3.eation~ with our new garbage system. Bob Mace hay stated that if he is required to put in alleys he wi11 loose 3 or !t lots in each block. He has also requested that if he is required to put in alleys he would like to have the proposal approved with the con- tingency that he will put alleys in. The Mayor stated that he ~ro~al.d like to have scxrieth~ig in black grad white stating that the streets and all~~s wi11 meet with the approval of the other officials involQed. There was a1~o the question of whether land or m4ne~r is desired for the subdivisiont~ park dedication requirement. The Mayor said he would like to see u~ take the land. Motion way made by Eber~viller and s~cond~d by lodgers that the matter of alleys and parks be taken Wider adYi.ser~ent by the street and a11ey ecanmi~tee along with the park commieion before making any reccm~nendation.~. Also, this proposed subdivision would create a dog in Maryland lane and e3.ghth ave. which the council feels will create a traffic ha.~ard. The prflperty ~ presently owned by Dan Nauman who does not want to sell. Kilpatrick then amended his motion to have the street atld a11ey eornm3,t~ee study the pos~ib3.lity of ruruiing Maryland lane on straight line. Seconded by Carter. Amendment and ~a~.n motion both carried. A Bohn Haberloek appeared before`.~the council to ask if 10 lota in Block LaurFnae Subdivision not yet in the city would have to come into the city in order to hook onto the city s~w~r line. The Mayor sated yes they would be requi.r~d to cc~m~ in first. If these lot. are ~urrovnded by the city they can be forced ~o ccanE into the city. This matter referred to the sewer cc~runitte~ ~mr further study. Kilpatrick reported that the sewer appeals cci3.tte~ had m~~ ccm- eerning appe~,l~ dram two diff~ren~ p~op1~:. One way Viola Braswell who state t~iat she has several elderly people living in her apartment building end that she does not have any washing faciliti~~. the C€~mitt~e would like to reduce her sewer by $10.0. Thc~ other appeal way from Lois S~he~~ler who states ghat she owns airy-plex which i~ rented to three elderly women who live along anal i are on find incomes. The ecxnmittee would like to lower their ewer from $6.~4 per unit to $3.25 per unit. Kilpatrick stated that the cExnmi~tee would like to see us go to a consumption basis for the sewer charge but aecordi~g to Dave McCullough we would be jumping the gun ur~.til we find out how much money we are going to need. Easton stated that since the land owners are pa~ri.ng the bills he wond~:rs if the property owner or the renter was actually getting the s~.vings. After diseu~sion, motion was made by Kilpatrick and .seconded by Hard to accept, the recommendation of the ccmttnit~e~.. Voice vote not being char, ~hc~ Mater aQ1n9A fAl~ real l nml l s?n+.c _ F~T~~..i tnr~i TC-i l v,m+~.+~ r.L t.r.+~ M V[~ CM .,,,..i 'G+.,...~.,.« ~ ........v v... • +ac~.a w+.aaa aalit/R Vi iV A r vv.isi~y .~.LV ~ a.ss4a. Lae u Vile Ebersviller~ Rodgers, Carer and Michael voting ~'N~~' . Motipr~ failed 5 to 2. The sewer committee to get in touch with Dave McCu1.10~~h~;~o get st~.rted ors the sewer study. Tc~ Kilpatrick reported that the Board of Ad3u~tment~ approved a variance request made by Dane Vat~ni.~e, former owner of Vanniee Floral, located at the corer of second ave and seventh street. The variance X3.11 allow a real. estate first to occupy the building. Kilpatrick s~a~ed that the council syanpathizES with ~~~ir position, but th~.t the council has no authority to override the ~deei~ion of the board. The only thin; left for the prote~to~s to do is to~appeal to the district court. Kathleen Phillip, Grace Caudillo, ~d Linda Svarin were the only protestors present. They ~~ated that they feel the deci~ian mf the board way cwt and dried before anyone ever came to the hearing. They felt that the City Attorney, Larry Herman, acted as chmr~na~ of the board and had sand influence over the m~abers. The Mayor Mated that each member hay a mind of his own and tY~at no one could influence th~3.r decisions. He suggested talking to the members to see if they felt they were influenced by the Attorney. Kilpatrick presented two petitions for S.I.D.'s in Zaurel Industrial Park drawn up by the pity Attorney. Ong for the Sanitary Water & Sewer Lines in the amota~~ of $].l~l~}~~0.~0 and the other for storm sewer and streets 3n the amount of $193,100.00. These petitions have been ~ign~d by 5('~ of the propex^~y c~wner~ involved. In this cor~ection~ the following re$olution~ were prESented: ---T_ - ~I Minutes of the City Council of Laurel ~I x~soLtrrzor~ ~o. 15l~9 RE50LUTION DECLARING TT TO BE THE T1~TENTION OF THE C~UAtCIL OF THE CITY OF LAUREL, MOI+iTATTA, TO CREATE ~PECII~L IMPROVF~IENT DISTRICT N0. 91~, DESTGIdA~I~I~ AND DESCRIBI~TQ~ THC NI~IBER AND BOUNDARIES OF SAID DISTRICT, STATI~iG TFIE GENERAL GHARACTEI3 aF' THE T~+IPROVE~fENT~ T~HI:CH AID TO BE MADE THEREIN, TFTE APPROXIMATE ESTIMATED C05T OF SASD IMPROVIIKENTS, AA1D THE TIME WHEN ~tD THE PLACE WHERE I THE COt1NCIL OF THE CITY OF' LAUREL, MONTAI~TTA, WILL HEAR. A1~D PASS tJP~I~ ALL FROTESTS ~F THE MAKING OF SAID IMPROVF~SEN~S AND THE CREATION OF SAID DISTRICT. Motion was made by Easton end seconded by Kilpatrick that Resolution Igo. 1s1~9 be pissed and adopted. Mot3.on carried. ~sc~v~zcxJ Ito. 1550 A RESOLU`rION DECLARING IT TO BE THE I~+1'TENTI0~1 4F THE COUI~tCTb OF TffiE CITY LAUREL, M~NTANA~ TD CFZEATE SP~GIAL IMFRO~KENT DISTRICT N~. 95~ DESIGNATINE~ APtD DESCRIBING THE NUMBER ANI) BOimTDARZES OF S.~ID DISTRICT, STATING THE CsENERAL CHARACTER ~F SHE IMPROVFI~ NTS ~fiTCH ARE TD BE MADE TTiEREI~', THE APPROXIMATE ESTIMATED C0.ST 0~' SAID IMPROV.~IENTS, AND THE TIME WHEN AND THE PLACE WHERE THE COUNCIL OF THE CITY OF LAUREL, MONTANA, WILL HEAR A~iD PASS UPOI~T ALL PROTESTS OF THE MAKING ~F SASD IMPR~V.~+fENTS AND. THE CREA'~ION OF SAID DISTRICT. Lotion wa.~ mad~a by Kilpatrick and seconded by Hard ghat Resolution X10. 15~~ a be pa~,~ed and adopted. Motion parried. Kilpatrick stated that he had a ~ir~ in hip hc~u~e a couple off' w~~ks ago and would like ~o ecnnpliYn~nt the fire department for the fins ~0b in craning up the mess. Kilpatrick said we can certainly be proud of our depart- meet. Hard reported on a meeting with the alder ditch ccr~smitt~~. Thy ec~nmittce would like to reco~runend that the ait~ withdraw the $300.00 bill sent to the ditch owners for t~.e ~ity'~ e~cpense of cleaning the ditch. Vonnie Tub~:an, Mrs. Fe~w3.ck and Paul ~~efle appeared before the council on this matter. They staffed that the farmers and the people along the ci~.tch want to IQZOw ghat their r3.ghts are. After a heated di.scu,zsion cm this mater, ~h~ city atterney was asked to see if he cou~.d get a ropy of the or3.g3.~sa1 eascm~nt a~ the ditch. Hard asked that sc~n~thing b~ done about a curfew. Hard would like the council and City Attorney to set down ,~~e port of 1aw~ for the curfew brewers so they would have to appear b~f4r~ the ~ud~e after the s¢eond offen~sw. City Attorney reported on th3~s. Motion was made by Hard to establish a curfew lam. Motion died for lack of a second. ~Iard asked ghat the damp Bourg be esctend~d one or two d~.ys a week. .Dick Metzger reported that the d~rap i~ now open 6 days a-week frc~n 9:~ A.M. to 3 s00 P.M. instead of ~ days week fry 10:00 to 2 s00. This matt~;r re~err~d to the ways and meari~ ccrm~itt~e to work out a solution to accv~odat~ most of the p~opleo Hard reported on a bush at Peruz~ylvania and 8th Street on the Roy Olson property that need. trimmed. Tk~is matter referred to the 3rd w~.rd al.derinen. Kilpatrick then su~ge~ted that Mmnt~~ write a letter to these people asking them to trim the bush. Mnntra~a raar~nrf:Fae1 i hai: i:ha noses csrar}~s~oo atr~eterm i c i r~ n~»~Fi el nnn»~+i nn ..t..,.....,.,. ,.s a,.......w~,. ..d r.~...~ v.~,..W~ The entire southside and e~.st end now have their containers. He stated that the: a~~erab3y cif` the eonta n~rs t~~re slot meir~ work than anticipated. The Mayor staffed that it w~~ po~.~ible that we m3.ght ,J~c~sgr,~he $63, 00.00 gram because of an error ~_~illing out the forms aid applications. He stated that a letter and teZe~phone ca11 may have solved the probl~ra.. The Mayor read a letter fran the YellowstoMe Couzity Air Folluticm control Board r~que~ting 3.~~l~asion on the agenda of the City of Castel for eonsid~r~.tion of the proposed Air Pollution Control Agency budget. Thy; Mayor asked ghat a letter be wr3.tten inviting theme to attend the Aug. 3rd meeting. The Mayor read a letter requesting that thc~ le~.se with the riff c1~b be germinated `because they have failed to abide by thy: ~ener~.7. ~naintenanc~ provision of the leas. A Terry Krt~n from the Riff Climb stated that he fell a workable solution could be worked out. He said th~r~ i.~ no reason why the park crew can't ~.~e both ends of the building which measure about 21~ x 2!~ e~~h. The only' thing the rifle club ~ar~ts is the center where the rifle range is. Kilpatrick st~.~ed that the Rifle Club should be required to clan it up aid tr~r to repa3.r it some. Motion was made by Kilpatrick and secoMdEd by Carter that this matt~,r be ~ablecl for ~ weeks so further ~t~dy can be made:. Motion ' carried. I I i i i Minutes of the City Council of Laurel The A~ayvr stated that since John Daley is r~t3ring he would like to te~pararily appoint Murr Tsgacs as surveyor techn3ei~n and assigta~t to the building and ~afe~~r d3.rector. Eff~,etive ~u~.y a6, 1976. Motion Baas made bye Kilpatrick and seconded by Eber~viller 'to accept tk~e Mayor's appoint,~~;rat. ~I Motion carried unanimou$ly. Thy job would pay $1,440. 0 per month when appointed permanently. This utter to be worked out with the personnel ccu?unitte~. The Mayor reported that the Firs Dept. needs about ~i15,~00.~0 to finish the cement work around the ea~plex bu.~.lding. Either using blacktop or cement. This matter to be taken under advis~~c~nt. Certain reports of the City of Laurel, Montana, were presented for approval as followsz City Clerk's Cash Report, City C1erk~s Tr3.a1. Balance, and the City Treasurers Financial Statement for the months of May and June. Motion was made by Ebersviller and seeon.ded by Rodgers that the reports be approved. Motion carried. There being no fu.~ther business to come before the co~us~cil at ~h dime, motion was made by Ebersviller and seconded by Rodgers that the meeting be adjourned. Motion carded. Sharon L. Herman, Deputy City clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of August, 1976. s L. l~. Yo ieh, Ma~ror I AT~~ST ~--r Dorothy P rBund~, City C erk I I I I I ~I I I I i ~I I I I I i i I i I ~I I I i i i -T -------7---------- ~ , , i j i I I j i i