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HomeMy WebLinkAboutCity Council Minutes 08.17.1976Minutes of the City Council of Laurel _ August 17, 1976 A regular meeting of the City Council of the City of Laurel, Montana, was held in the eQUncil chambers anal called to order by Mayor L. M. Yovetich, at 7zD0 o~clock, P.M.~ on Tuesd~.y, August 17~ 1976• Upon taking roll call, the following aldermen answered present: Tan Hard Gay Easton Tc~m Kilpatrick Chuck Rodgers Sue Carter Ervin Metzger The minutes of the previous regular meeting of Aug. 3rd were read. Motion was anade by Metzler and seconded by Hard that the m~.nute~ .~t~nd approved as read. Motion carried. The minutes of the Special meeting of August I~th~ were read. Motion was made by Rodgers and seconded by Hard that the minutes stand approved as read. Motion carried. The mi~utcs of the Special mee~in~ of August 9~h, were read. Motion II was made b~rMetzger and seconded by Rodgers that the m3.nutes stand approved as read. Motion ea.rried. The minutes of the meeting to open the bids for the cement work araur~d the complex building were read. Thy: Mayor called for a ten minute rec~s~ to study the bids. Upon re-convening the meting, mo~Gion~ras made by Rodgers and seconded by Metzger to re~~ct all bids because they do not stag their contractors license and re-advertise the bids. Motion carried. Certa3.n repots of the City of Laurel, Mont~a, were presented for approval as follows: City Clerks Cash R~:port, City Clerk's Trial Balance and the City Treasurer's Financial Statement. Motion was made by M~ttiger and secondEd by Rodgers that the reports be approved. Motion carried. Letter was read from the Laurel Search and Rescue Unit thanking the min at the Water Plant and the Police Department for their eooperat3on and aid during the recent ~~arch for the man who drowned during the boat float. The Mayor asked that a letter b~ written to Ken Beven and the Water Plant and also the Police Department corr~nending them for their help. Next on the ag~~sd~ was Ghip 1nT~.tts representing the Laurel Rental Assoc. who read the following and presented petitions with appro~iznate~ly 560 signatures. r'LAUR~L CITIZENS AGAINST FLAT SEWER RATES 8-17-76 On behalf of the many people present and the htandreds who have signed otir petitions demanding some action by the City Council, we request immediate action to rectif~r the gross inequities incurred by the recently passed sewer rates. Econcc~~nni~ hardships on individuals, households and businesses must be relieved nowo We demand a return to a sewer rate based on water used, ~i~xiilar to e~ur sister cities: Billings, Bozeman, Lia3ngston and Hardin. We, and the people supporting us expect a change by the next Cit~r Council meeting. Concerned Laurel Citizens. A"7G.~W1 1GtJV1 V~+41 v.?~ ~u,u 5~~vea criati tinere 1s no way we Cali lOWeT' 'tile sewer`~rate now. These people have been getting a free ride f. or so long that now when they feel the pinch they start to holler. The Mayor said no one came to protest when we had the meetings. Kilpatrick stated that as soon as we receive our new water rate we will definitely study the possibility of lower the sewer and go to a camstamption basis. Cit~* Attorney staffed that the date for the Public Hearing with the Public Service Ccxnmi5~ion has tentatively been set for sometime in November. Several people in the audience spoke on this matter. After T11L1CY1 CL7.~CUSSIOM~ motion way made by Rodgers and seconded by Kilpatrick that the council meet the demands of these people ~.nd came up with an equitable solution within the next 2 weeks. Motion failed with all aldermen present voting ~'No". The Mayor read a letter frc~n Laurel Cable T.V. r~que~t3.ng to conduct door to door sales caYnpaign. City Attorney stated that we do have the Green River Orelinance but the council may grant a special license for a one time deal.. Motion way made by Metzger and seconded by Hard that Cable T.V. be given per- mission to do a door to door gales c~npa~.gn to be ecmplete within 90 days after the starting date. Motion carried. They hope to start ors Septez~ber 15th. Easton brought up the matter of the agenda.. He stated that each meeting gets a little bit out of hand and a little bit longer. He also said that slot of thins could be referred to committee. Motion wag made by Eason and seconded by Rodgers ghat arty person wanting on the agenda state specif'3.c1~ what subjects they yaish to talk about. This will enable the council to study the sub~~cts before hand. Kilpatrick amended the motion to read that they gill try to stick to the agenda unless something important comes up. Seconded bar Hard. Amenchnent carried. Main motion carried. - _ - - - - - . J - III I ~I Minutes of the City Council of Laurel Carter brought up the directive that was sent out to all City Employees. She feels that any directive should go before the council before I! it ever goes out to the employees so they can be informed as to what is go3.ng on before som.eon~ approaches them. Louie stated that an employe ~a~. I~ come to hi~n whenever they want and will nod get reprimanded before council action. The Mayor stated that maybe our City Attorne~r should not take an active part with the union. If they have any grievances they should go through the proper channels and hire their own attorne~r. The City Attorney stated that this directive was in violation of the grievance procedure listed in the working agreement. Montee said this was meant to try to force the employees to use their grievance caanmitt~e and that the personnel cc~nmitte~ planted on rewriting the letter. Motion was m~.d~ bar Carter and seconded by Hard that this directive be disregarded and go back to the personnel canmittee for further study and better . work~.ng relations between the employees. Voice vote nod being clear, the Mayor asked for roll call vote. Hard, Kilpatrick, Rodgers and Carter voting "Yes" and Easton and Metzger voting "No" . Motion carried to 2. Montee presented Ordinance No. 620 as followsz O~ZDINANCE No. 620 APJ ORDINANCE ESTABLISHING CURB CUT REGULATIONS; P~OVTDTNG CIPHER MATTER PROPERLY RELATED WHERETO; PROVIDING PENALTIES FOR THE VIOI,ATION HEREOF .A1~D REPEALING ALL ORDINANCES OR PARTS OF' ORDII~ANCES IN CONFLICT HEREWITH. City Attorney stated that this must go through proper channels. It must be presented tw3.ce and then will go into effect 30 days after the final presentation. Motion was m~.de by Easton and seconded by I~i.lpatrick that Ordinance No. 620 be intrc>duc~d. Motion carr3.ed. x~sovtrrzo~ ~o. 1559 RESOLUTIaN GIVING NOTICE OF INTENTION TO ANNEX CERTAIN LAN3JS CONTIGUOUS TO THE CITY OF LAUREL. BLOCK ONE, LCYI'S ONE THROUGH FIVE, AND BLUCK TWO, LOTS 0~ THROUGH I~TINE. Motion way made by Hard and s~cond~;d by Carter ghat Resolution No. 1559 b8 passed and adopted. Motion carried. Montee reported that we n~:ed a mobile home i.n~tallatior~ ordinance. Potion was made b~ Easton and seconded by Carter that we adopt the utate Mobile hone regulation Ordinance in total and amend them later after further study. Motion carried. City Attorney to draw up an ordinance adopting the State Ordinance. Murr Isaacs presented a list of properti~:s which are within the City Limits or are contigueras on three sides. These properties have never been annexed by Resolution. City Attorney to .research this matter a little further before making any decision. Montee asked for a progress report on the Laurel Gardens. It was r~~ort~d that no money has be~:r~ received for the ground. Thy city has had several other offers to purchase the ground. Government red tape probably to blame for the delay. Motion was made by Hard and seconded byI!~et~ger that a certified letter be sent to Jim Twomey stating that ~e want our mo~.ey by October 1st, or we will consider resinding the option. Mot3.on earri~d. Murr Isaacs reported that we ha4e not been consistent in the Fees charged for replacing blacktop or chip and sealed sections of a Street whin u~~~~.~~u ~y ~tir~~~ vpening~. we nave aee~. eharg~.ng ~1.(~~ a sq. f'~Qt which he feels ~s to high. Murr suggested charging $1.10 per sq. foot. I~ w~.s a1~o suggested that this be limited to street openings for water and sewer hooktaps only. A11 other openings should be replaced by the person doing the work. This matter referred to the street end alley cornmitte~ to work with the Utility director and Engineers office. Ervin Metzger asked to be GXCt1SeC1 '~C~ go to work. Hard reported on the alder ditch. Ce~mittee to contact Magalson to try to set up a meeting. Kilpatrick reported that the Sewer appeals Cennmittee met and had several items to report on. First was the letter from the man who paid his sewer under protest. The committee would like to reccymznend that the cheek be eash~d with a notation that we emote his pro~~st and if he wants ~o t~.ke further action it will be up to him, but he must pay h~.s bills first. Motion was made by Kilpatrick and seconded by Rodgers to accept the recc~amendation of the ccanm3.ttee. Motion carried. Kilpatrick also reported that Schessler Ready Mix us~:s most of their water for cement mix and it, does not go down the sewer. Therefore, the comunittee would like to rec~nmend that Schessler's Ready Mix Plant be charged $6.~0 ~ per month for sewer. Motion was made by Kilpatrick and seconded by Hard to accept the committees recommendation. l~otio~ carried. Ka.lpatriek reported that Merritt W~.lliams Apartments have three eldexly I.._ _ T-- ------T, _ I Minutes of the City Council of Laurel people on fixed income. Merritt has stated that h~ cannot bring himself to raise their rent to eotnpensate for the raise in. sewer. The cc~mittee would like to recanmend that ~Iexr3.~t Wi11ia~~ be charged $3.25 per vn~t per month instead of $6.~0 per unit. Moticm was made bg Kilpatrick and seconded by Hard to accept the reec endation of the easrimittee. Motion carried. Kilpatrick reported again on Braswell' apartments. Mrs. Braswell has stated that if we reduce her sewer by $l~.C~O she will reduce on elderly mans rent who is on a fixed income by $10.00. Motion was made by K3.lpatrick and ~second~d by Hard to accept the eo~n~nittees recommendation. Motion caxri.ed. Kilpatrick reported that a Mrs. Peretti who lives in a trailer court and who lives on a fixed 3ne~ne has ~uggest~:d that the city collect $6.50 per unit per month frcjm the land owner who pays the bill and then refund X3.25 to the people living on a fixed income. That way tl~e elderly p~op1~ would be receiving the benefits. ire would reduce the sewer by $3.25 if the landford would reduce the rent by $3.25. If their rent is not reduced they would came back and tell us. It was suggested that Mrs. Peretti get something in writing saying that the landlord will reduce her rent. Kilpatrick to contact Mrs. Peretti and came back with a recommendation. Kilpat~iek staffed that it way passed by the council to buy a gape ~cord~r and wondered what ever happened to the idea. The Ways and Means Comm. to check into soma prices and het back to the council. City Attorney stated that this was the tame and place advertised for the hearing to protest 3.I.D. No. 9I~ and No. 95. Them being no one present to protest these S.I.D.~~, the Attorney presented Resolution No. 1 60 creating Special Improvement District No..95. Motion was made bar K3lpatric~t and seconded by Hard to pass Resolution No. 1560. Motion carried. City Attorney presented ~rdinanc~ No. 621 providing for the receiving of bids and the letting of a contract for the construction of S.I.D. No. 95• Motion was made by Rodgers and seconded by Elston to adopt Ordinance No. 621. Motion carried. City Attorney presented Resolution No. l~dl creating Special Tmprone- ment District Nm. 9l~. Motion was made by Easton and ~eeonded by Rodgers to pa~~ Resolution No. 1661. Motion parried. City Attorney presented f)rdinan~e No. 622 providing for the receiving of bids and the letting of a contract for the construction of S.T.D. No. 9l~. lotion was made by Rodgers and seconded by Easton that drd~_nanc~ 1Vo. 622 b~ passed and adopted. Upcm taking ro11 call vote, all aldermeM present voted trYeS~~ . City Attorney presented Resolution loo. 1~b2 authorizing the i~suanc~ of bonds and the gale thereo~~ for S.I.D. No. 9~.. There was much discussion ~ as to whether or not the city could get stuel~ with paying for the bonds. ~.fter much diseuss~.on, motion was made by Kilpatrick and seconded by Carter torsi d the entire package of Resolutions and Ordinan.cES pertaining to S.T.D. No. and No. 9~. Motion carried. The Mayor get up a special meeting for Monday, Aug., 23rd, at 7:00 P.M., to meet with Mr. Murphy, the attorney who has been work3.ng with the S.T,D.';s for further explanation. The following ResolutioM was present~dt REuOLIITIOi~ N0. 160 RESOLUTInN N0. 156, BEING A RE50LtJ~'ION PROCLAIMING A SPECIAL ELLCTIf3N ON AI,TERN.ATIVE FOFd~t OF LOCAL GOVERNMENT TO BF HELD ON NOVFMBEft 2, 1976, Motion was made by Carter and seconded by Eaton that Resolution No. 156 be pa~s~:d and adopted. Motion carried. Larry said he had two lett~r~ for annexation. The first one is from John Ramsey who is requesting; to bring into the city limits lot 25 Bloek 9 Murray Heights Subdivisions 2nd filing. This i5 al.l that he owns right now. Eventually he plans on bringing in the entire block. Kilpatrick stated that it has been the policy of the council not to allow Gnything less than one block to ec~me into the city. A building permit hay already been issued for the house being built on this lot. Dickl~etzger stated that water service is available in th3~s area. Resolution No. 1561 being a resolut3.on of 2nter~t3.on to bring this lot into the city eras presented. Motion was made by Carte and seconded by Easton to pass Resolution ~To. 1561. F~otion Failed with Haxd, Kilpatrick, Rodgers and Carter voting "No" and Easton voti~~; "Yes". Letter was read from Fred Wennemar requesting the annexation of Lots lb, 17, 18, 19 and 20, in Block 1, Laurmae Subdivision Amended. In this connection, Resolution No. 1561 was presented: RESOLUTION N0. 1561 RESC?LUTION CSIVING NO?PICE OF I1~TENTION TO ANNEX CERTAIN LANDS CONTIGLTOUS TO TFiE ---r--- ii lil i Minutes of the City Council of Laurel ~I, CITY OF LA.UR.EL, M(fi~~ANA. Motion was made bg Kilpatrick and seconded by Hard that Resolution Igo. 1561 be passed and adopted. MQticm carried. The Mayor read a. letter from Ma11 Centers Inc. requesting assurance I fran the Council that if the Laurel Plaza Shopping Center is deve].o ed b P s 3T Mall Centers, Inc., that 3rd Street South, 2nd Street So~ztM. and South Montana Avenue will be vacated. Motion way made by Kilpatrick and seconded by Hard that these streets be vacated with the tuzdergtanding that if the center doesr~~ t to through, these str~~ts will not be vacated. Motion carried. City Attorney also stated that Safeways will be a ~eperate drive around b~i.lding within the Shopping Center. Bohn McMax~in presented a park valu~.tion map to be signed by the II Mayor and C3.ty Clerk. Motion was made by Rodgers and seconded by Carter to' accept this map. Motion carried. The Ma;lor stated that he would like to appoint Gharle~ Montee as ` United Nations Day Chairman: Motion was made by Kilpatrick and seGOnded by Hard to accept the Mayor'r appointment. Motion carried. The Mayor stated that he had asked for a letter frc~n all the city officials reporting the progress that was being made concerning the lack of coap~ration frcan the officials. He paid that if he wo~zld not have received a letter from. each official he would have asked for their resignation. x.11 letters will be kept personal. He also Mated that h~ was not completely satisfied but at least they seem to be trying. The Mayor stated that he would like to see Murr Isaacs position continued and would like to permanently appoint him. Motion way made by Kilpatrick and seconded by Hard to accept the Mayor's appointment. Motion carried. The Mayor also stated that the Personnel Director was appointed on a temporary basis and he would like to mike this a permanent positicm. City Attorney to dr~.w up an ordinaMCe for the next meeting setting up hip dut3.e~. Chuck Rodgers asked permission to leave the Sate. Motion was made by Kilpatrick and seconded by Carter that permission be granted. Motion carried. There being no further business to come before the eowneil at th3.s time, motion way duly made and seconded that the meeting be adjourned. Motion carried. anon Deputy City Clerk Approved by the Mayor and pas d b e Council t s 7th day of September, 1976• T ,.i r i v za u»i ~ .t•.t • 1 v v d~f Vii' V .~i .,W,~' r"~ ~.,.b.. ~ , r, " G~~s ~ - Q un ~ er i - _r._.. _ - _ - i