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HomeMy WebLinkAboutCity Council Minutes 08.17.1993Minutes of the City Council of Laurel August 17, 1993 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 Charles Rodgers at 7:00 p.m., on August 17, 1993. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Gay Easton Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: Donna Kilpatrick Bob Graham INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of August 3~ 1993, as presented, seconded by Alderman Orr. Motion carried 6--0. Motion by Alderman Marshall to approve the minutes of the special council meeting on August 9th at 7:00 p.m., seconded by Alderman Orr. Motion carried 6--0. Motion by Alderman Ehrlick council meeting on August 9th Collins. to approve the minutes of the special at 7:04 p.m., seconded by Alderman The Mayor stated we need to amend the council meeting to reflect the increase 3 to a Grade 6. minutes of the second special in dispatch wages from a Grade Motion by Alderman Ehrlick to amend the minutes of the second special council meeting on August 9th to reflect the increase in dispatch wages from a Grade 3 to a Grade 6~ seconded by Alderman Collins. Motion carried 6--0. A vote was taken on the motion as amended. Motion carried 6--0. CORRESPONDENCE: Received a pamphlet from MMIA regarding a series of risk management workshops that they are helping to sponsor throughout the state. Received a letter from Hugh Sweeney regarding a building permit application for Gary Temple at 101 West Main. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of July were presented. Motion by Alderman Orr that the City Clerk and City Treasurer's financial statements for the month of July, 1993, be approved, seconded by Alderman Collins. Motion carried 6--0. NON-CONFORMING USE AT 620 2ND AVENUE (OLD A-HAUS OF REALTY): This item was tabled until the September 7th council meeting. ESTABLISH FREIGHT LOADING ZONE ON WASHINGTON AVENUE: ORDINANCE NO. 1080 {first reading) AMENDING SECTION 10.44.030, LMC, ESTABLISHING A FREIGHT LOADING ZONE ON A PORTION OF WASHINGTON AVENUE Motion by Alderman Easton that Ordinance No. 1080 {first reading) be passed and adopted~ seconded by Alderman Marshall. A roll call vote was taken with Aldermen Orr, Collins and Ehrlick voting, "NO" and Aldermen Marshall, Easton~ and Kellogg voting, "YES". There being a tie vote, the Mayor broke the tie with a "YES" vote. Motion carried 4--3. The Mayor stated that a protest petition was received. This ordinance will be on the agenda for the September 7th council meeting and this will also be a public hearing. Minutes of the City Council of Laurel Page 2 Council Meeting of August 17, 1993 BID OPENING - STREET MATERIALS This being the time opened. PETROLEUM PRODUCTS Laurel Co-op P.O. Box 367 Laurel MT 59044 & PETROLEUM PRODUCTS: and place advertised, the bids Super unleaded gasohol 12,000 gal. $ 1.039 #2 diesel fuel 10,000 gal. .610 518 15W-40 oil 440 gal. 3.750 STREET MATERIALS Krug Sand & Gravel 2450 Hwy. 212 South Laurel MT 59044 Total Bid received were Cashier's Check $ 2,021.80 1000 CY 1/2" road material (del) $ 7.25 4000 CY 3/4" road material (del) 6.75 2000 CY 3/8" stone chips (at pit) 6.25 500 CY 3" max. pit run (at pit) 4.25 Empire Sand & Gravel P.O. Box 1215 Billings MT Total Bid 12,468.00 6,100.00 1,650.00 20,218.00 Business Check $ 4,887.50 $ 7,250.00 27,000.00 12,500.00 2,125.00 .............. $ 48,875.00 1000 CY 1/2" road material (del) $ 15.00 4000 CY 3/4" road material (del) 13.10 2000 CY 3/8" stone chips (at pit) 7.50 500 CY 3" max. pit run (at pit) 5.00 Total Bid LIQUID ASPHALT Cenex P.O. Box 909 Laurel MT 59044 MC-800/MC-250 30,000 gal. at $ .50 CRS-2 25,000 gal. at .47 Total Bid Bid Bond 10% of Bid ASPHALTIC PLANT MIX Midland O'Leary, P.O. Box 80066 Billings MT I ne o $ 15,000.00 52,400.00 15,000.00 2,500.00 2000 T cold mix 84,900.00 Bid Bond $ 2,675.00 15,000.00 11,750.00 26,750.00 Bid Bond 10% of Bid delivered) $ 26.66 $ 53,300.00 Empire Sand & Gravel P.O. Box 1215 Billings MT 2000 T cold mix delivered) $ 22.90 Motion by Alderman Collins to refer the bids Alley Committee for recommendations, seconded by Motion carried 6--0. Bid Bond 10% of Bid $ 45,800.00 to the Street and Alderman Ehrlick. Minutes of the City Council of Laurel Page 3 Council Meeting of August 17, 1993 SALARY OF CITY JUDGE: ORDINANCE NO. 1081 (first reading) SALARY OF THE CITY JUDGE Motion by Alderman Marshall that Ordinance No. 1081 (first reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all aldermen voted "YES" except Alderman Collins, who voted "NO". Motion carried 5--1. CITY LOT IN CHERRY HILLS SUBDIVISION: There have been inquiries regarding the possible purchase of the improved lot in Cherry Hills Subdivision, 2nd Filing. It was noted that this matter came before the council on October 20, 1992. The first motion read, "to put up for sale the single improved city lot at a price of $ 15,000.00." The following motion stated, "to advertise for bids on Lot 12, Block 11, of Cherry Hills subdivision, 2nd Filing, and the city reserves the right to reject all bids." L.D. said the Budget/Finance Committee made a recommendation to allow the real estate office to submit a buy/sell agreement to the City of Laurel in the amount of whatever they wanted to offer for the lot. There was discussion about the law in regards to whether the city would have to advertise in order to sell the lot. Jim Worthington stated there has been no change in the law regarding the selling end of it. The Attorney General's opinion ruled that we had the right to sell it without worrying about the dollar limit. Jim said this was the same meeting when the city received the appraisals for the other unimproved lots in the subdivision with those being $ 7,000.00 and $ 5,000.00, depending on where the lots are located. The lot we are talking about is located on the north side of West Maryland. Within the last year, the lot has received water and sewer service to it. There are sub-asphalt millings in the lot which need improvement and it needs curb and gutter. Jim said there was no one willing to bid the minimum price that the council had established. The question was brought forth whether the city would review and possibly accept something less than $ 15,000.00. The Budget/Finance Committee suggested that anyone be submit a proposal and the council has the right to review, reject a proposal. allowed to approve or Motion by Alderman Collins that the city accept buy/sell agreements on the improved lot in Cherry Hills Subdivision, but we reserve the right to reject all agreements if we deem them unacceptable, seconded by Alderman Orr. Motion carried 6--0. Jim said that the city did advertise the lot with a minimum bid of $ 15,000.00 and there were no offers. At the time, we did not legally have to advertise, it is something we did just to get the word out. ADOPT THE 1993-94 MISC. TAX RESOLUTIONS: RESOLUTION NO. 2670 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL, FOR WATER METER AND CURB-BOX REPAIR Motion by Alderman Kellogg that Resolution No. 2670 be passed and adopted, seconded by Alderman Collins. Motion carried 6--0. RESOLUTION NO. 2671 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL FOR ANY UNPAID Minutes of the City Council of Laurel Page 4 Council Meeting of August 17, 1993 Motion by Alderman Collins that Resolution No. 2671 be passed and adopted, seconded by Alderman Marshall. Motion carried 6--0. RESOLUTION NO. 2672 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY DESIGNATED AS GARBAGE DISTRICTS IN THE CITY OF LAUREL, FOR THE REMOVAL OF GARBAGE AND REFUSE Motion by Alderman Orr that Resolution No. 2672 be passed and adopted, seconded by Alderman Marshall. Motion carried 6--0. COMMITTEE REPORTS: --Board of Adjustment minutes of August 10, reviewed. 1993 were presented and Motion by Alderman Collins to enter the Board of Adjustment minutes of August 10, 1993, into the record, seconded by Alderman Ehrlick. Motion carried 6--0. --Budget/Finance Committee minutes of August 3, 1993 were presented and reviewed. Motion by Alderman Marshall to enter the Budget/Finance Committee minutes of August 3, 1993, into the record, seconded by Alderman Collins. Motion carried 6--0. --City Council Committee of the Whole minutes of August 3~ 1993 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of August 3, 1993, into the record, seconded by Alderman Marshall. Motion carried 6--0. --City-County Planning Board minutes of August 12, 1993 were presented and reviewed. Motion by Alderman Collins to enter the City-County Planning Board minutes of August 12, 1993, into the record~ seconded by Alderman Ehrlick. Motion carried 6--0. HOME OCCUPATION Merle Cherry has applied for a home occupation at 1231 4th Avenue. He recently purchase this acre of land with the idea of putting up a storage building in which to keep his equipment and tools. He plans on building a house on the property in the very near future. Cal Cumin stated that before Merle built the storage building, he informed his closest neighbor of his plans and the neighbor had no problem with it so he started construction. Cal said Merle did not check the city ordinances. He needs a home occupation to keep his equipment on site. He is also in violation of the zoning ordinances by building a storage building before his residence. The committee recommended to the council that the home occupation be granted, effective immediately, to allow him to run his contractor's business out of the house at 1231 4th Avenue~ provided that he take occupancy in the residence (to be built) by January 1, 1995~ and that he be allowed to store equipment in the storage building, limited to a 1-ton truck, a 1 1/2-ton truck, and a Bobcat Skid Loader. Cai said the matter grant Merle a home Avenue. before the council tonight is whether or not to occupation to store his equipment at 1231 4th Lonnie Kellogg stated he has no problem with this in regard to Merle. He was wondering what we do about the next person who wants to establish a contracting business in a residential neighborhood? Are we going to be setting a precedence? Cal said this is his concern. He recommended to deny it but the Planning Board recommended to approve it. Minutes of the City Council of Laurel Page 5 Council Meeting of August 17, 1993 Vicki Metzger stated she felt Merle should be granted a home occupation. Merle stated he knocked on the door of the closest neighbor and told him of his plans and he had no objection as long as he lived there. Merle said he does not know if this is the same person who is objecting to it now but he suspects it is. Merle stated he has had many conversations with the City Engineer and although he did not specifically ask him if he could or could not do it, they talked about it and he was given no indication that he was in any kind of violation whatsoever. If he had known, he probably would not have done it. Merle said he picked this lot over another further north which has city water and sewer. The neighbors of that lot had no objection because they said they knew he would keep a clean yard and this was on the basis that he would come into the city. Merle elected to buy the other place because it is more outside and there are no traffic lanes. He got started and had the trusses on the building before he got a letter stating he was in violation. Merle came to the city and the secretary was not sure if he was in violation either. He called Cal Cumin and Cal said it was at City Hall so when he came back to the city, the secretary knew what it was all about. Merle said the city did not totally know that he was in violation either. Merle said he would like the permit but the committee put conditions on what he could store there and he just wanted to say that he does have other equipment that was not mentioned in it such as trailers. He does not want to go into this with unsatisfactory conditions whereby he is in violation every time he drives into his yard. He doesn't want the conditions that tight but he does intend to keep a neat yard. Motion by Alderman Orr to grant a home occupation to Merle Cherry at 1231 4th Avenue~ seconded by Alderman Ehrlick. Motion carried 6--0. Vicki stated she does not feel Merle needs to buy an additional license because he already has a business license and the council agreed that this would be a duplication. --Parks Committee reviewed. minutes of August 12, 1993 were presented and Motion by Alderman Kellogg to enter the Parks Committee of August 12, 1993, into the record, seconded by Alderman Orr. carried 6--0. minutes Motion --Public Utilities Committee minutes of August 9~ 1993 were presented and reviewed. Motion by Alderman Marshall to enter the Public Utilities Committee minutes of August 9, 1993, into the record, seconded by Alderman Orr. Motion carried 6--0. --Street and Alley Committee minutes of August 6, 1993 were presented and reviewed. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of August 6; 1993~ into the record~ seconded by Alderman Collins. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: LOADING ZONE ON WASHINGTON AVENUE Paul Thomae addressed the council stating that his business is in a commercial zone. The loading zone he is requesting is only from Main Street to the alley on Washington Avenue. He is requesting this for the safety of the people of Laurel. He is asking the council to reconsider and vote "yes". Paul said he is just trying to do business in a commercial zone and he is not trying to interfere with any residents living in the area. Minutes of the City Council of Laurel Page 6 Council Meeting of August 17, 1993 PARK LAND IN VILLAGE SUBDIVISION Cal Cumin said Village Subdivision has a small piece of park land, located in the northwest corner, above Nutting Drain Ditch. It is east of Yard Office Road and south of where Ridge Drive would come in. The current owners of Village Subdivision are interested in developing the park. They are willing to spend some money and put some effort into the park but the dedicated park area is not large enough to be feasible. Cal said the park land around Laurel is administered by the city park department. He is on the County Park Board and there is a small county park which lies directly north of this dedicated park land which he doesn't feel the county will ever be interested in improving. Cal said that if this county park land was deeded to the city and included with our dedicated park, it would make a usable park. A bridge could be installed over Nutting Drain Ditch to make the park accessible to residents of Village Subdivision. Cal said if Village Subdivision would put in a park maintenance district to care for the park, this would be the best and most welcome thing they could do. Cal will check into this and report back, MAYOR'S COMMENTS: Chuck said the new chambers will be ready for occupancy at the end of September. Next year we will have to address the condition of the outside of the building and make needed improvements. Right now, Chuck said our big concern is the swimming pool for our children. We'll have to look at this really hard. Lonnie Kellogg requested permission to leave the state from September 8th through the 19th. Motion by Alderman Orr to grant Lonnie Kellogg permission to leave the state, seconded by Alderman Collins. Motion carried 6--0. There being no further business to come before the council at this time, the meeting was adjourned at 8:05 p.m. Sharon Herman, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 7th day of September, 1993. Charles Rodgers, M~yor ATTEST: Donald L. Hackmann, City Clerk