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HomeMy WebLinkAboutCity Council Minutes 09.21.1993Minutes of the City Council of Laurel September 21, 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 September 21, 1993. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick Ron Marshall COUNCIL MEMBERS ABSENT: L.D. Collins Gay Easton Donna Kilpatrick Lonnie Kellogg Bob Graham INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: ~otion by Alderman Marshall to approve the minutes of the regular meeting of September 7, 1993, as presented~ seconded by Alderman Ehrlick. Motion carried 6--0. CORRESPONDENCE: Received a letter from Hugh Sweeney, Attorney~ regarding the building permit for Gary Temple at 101 East Main. Received a petition from residents in Spruce Grove retirement complex regarding a 7th Avenue access and emergency exit. CITY CLERK & CITY TREASURERJS FINANCIAL STATEMENTS; The City Clerk and City Treasurer's financial statements for the month of August were presented. Motion ~y Alderwoman Kil~atrick that the City Clerk and City Treasurer's financial statements for the month of August~ 1993, be approved, seconded by Alderman Orr. Motion carried 6--0. HIGH SCHOOL HOMECOMING PARADE: Liz Guenthner~ representative of the high school Pep Club, requested permission for a homecoming parade to be held on Friday, October 1st from 4:30 to 5:00 p.m. The parade would start at Dairy Queen and proceed west on Main Street to First Avenue, then north on First Avenue to the high school. Motion by Alderman Marshall to grant permission for the Pep Club to hold a homecoming parade on Friday, October 1st, seconded by Alderman Orr. Motion carried 6--0. There was discussion regarding traffic control for the parade and whether or not it should proceed on West First Street. instead of Main Street, due to heavy traffic around 5:00 p.m. It was decided to let the parade proceed on Main Street because it should be well past Main Street by 5:00 p.m. ESTABLISHING FREIGHT LOADING ZONE ON WASHINGTON AVENUE: ORDINANCE NO. 1080 (second reading) AMENDING SECTION 10.44.030, LMC, ESTABLISHING A FREIGHT LOADING ZONE ON A PORTION OF WASHINGTON AVENUE Motion by Alderwoman Kilpatrick to remove from the table Ordinance No. 1080~ seconded by Alderman Marshall. Motion carried 6--0. At this time, the minutes of the Street and Alley Committee were reviewed. The committee recommended that Thomae Lumber be granted a loading zone on Washington Avenue from Main Street to the alley, Monday through Saturday from 8:00 a.m. to 6:00 p.m., provided that there be no material left on the street or sidewalk, and that safety cones are in place during the unloading of material. Minutes of the City Council of Laurel Page 2 Council Meeting of Septem0er 21, 1993 Ron Marsh.vii reported an error in the minutes and stated the committee recommended the loading zone be approved Monday through Friday instead of Monday through Saturday, as the minutes state. This being the second reading, the public hearing was opened again. PROPONENTS Panl Thomae was present but did not have any comments. Joe Bradley asked Paul if he can live with the restrictions that the committee recommended and Paul said he could. Joe clarified that if Paul takes deliveries any other time than what is designated in the restrictions~ it must be done off Main Street. OPPONENTS Herman Sorg stated that if this loading zone is granted, it will tear up Washington Avenue and block traffic. If he uses the main highway, that is a hazard to the public. Herman proposes that Patti use the alley to do his unloading, or he could lease some land from the railroad and make his own unloading zone so he doesn't harass the public on the highway and streets of Laurel. Bill Sorg inquired whether there are two or three readings on an ordinance. It was stated that there are only two. Motion by Alderman Kellogg to close the public hearing, by Alderman Orr. Motion carried 6--0. seconded Motion by Alderman Easton that. Ordinance No. 1080 (second reading) be passed and adopted, seconded by Alderman Marshall. Discussion followed and Lonnie Kellogg stated he has a problem with not allowing Paul to unload on Saturdays, thus forcing him onto Main Street. In essence~ we're giving him permission to unload on Main Street because we are denying him access to the regular loading zone. Lonnie asked if the city could be held accountable if there is an accident? Joe said there is always the possibility that the City of Laurel could be questioned if there was an accident on Main Street. If Patti takes deliveries prior to 8:00 a.m. and after 6:00 p.m., these deliveries would take place on Main Street, Joe stated. If the council wants to get him completely off Main Street, then they must expand the hours of the loading zone on Washington. It was stated that there are only periodic deliveries on Saturdays and it is not an ongoing thing. Gay Easton said the committee recommended a yearly review so if problems arise, they can be discussed and worked out. Joe said an amendment, if made, would be limited to defining the days and hours of the loading zone. Other particulars such as the safety cones and materials left on the sidewalks are not put in the ordinance. If the council does not like the way it is being run, they have the power to take the loading zone away. Motion by Alderwoman Kilpatrick to amend Ordinance No. 1080 to read Monday through Friday, from 8:00 a.m. to 6:00 p.m., seconded by Alderman Orr. There being a division of the house~ a roll call vote was taken. Motion carried 4--1~ with one abstention. Alderman Ehrlick voted~ "NO" and Alderman Kellogg abstained. At this time a roll call vote was taken on Ordinance No. 1080~ as amended. Motion carried 4--1, with one abstention. Alderman Ehrlick voted, "NO" and Alderman Kellogg abstained. Minutes of the City Council of Laurel Page 3 Council Meeting of September 21, 1993 STREET SWEEPING AGREEMENT WITH MONTANA HIGHWAY DEPARTMENT: RESOLUTION NO. 2673 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE MONTANA DEPARTMENT OF HIGHWAYS, SAID AGREEMENT RELATING TO STREET SWEEPING Motion by Alderman Marshal] that Resolution No. 2673 be passed and adopted, seconded by Alderman Orr. Motion carried 6--0. UTILITY EASEMENT: RESOLUTION NO. 2674 A RESOLUTION APPROVING AN EASEMENT GRANTED BY JOHN MAXSON AND CARL HOLDEN, SAID AGREEMENT RELATING TO UTILITIES Motion by Alderwoman Kilpatrick that Resolution No. 2674 be passed and adopted, seconded by Alderman Marshall. Joe Bradley stated this easement has been presented by the owner of the property, Curt Blee. Curt owns property and he would like to develop it with city services. In order to get the services to his property, he needs an easement through Certificate of Survey 613, which is owned by John Maxon and Carl Holden. These gentlemen have promised to keep this 20~ easement clear from any permanent obstruction so the city can always service this water line. Joe defined the points of the agreement stating 1) the city is promising Mr. Maxon and Mr. Holden that we will pay all cost of construction of the water line, 2) we will restore the area to its previously existing condition, 3) if our construction or running of the water line damages anyone or any property, the city will be responsible for it, 4) if there is a dispute over the meaning of this easement and it goes to court, the losing party would pay the winning party's attorney fees and 6) we will not dispose of toxic or hazardous materials in this easement. Ron Marshall asked if this easement area is a dedicated street or has it been abandoned? Dave Michael stated this is one large survey that has never been platted. This is just a strip of land through the center of a certificate of survey. Lonnie Kellogg asked if all the land involved here is in the city limits and he wanted to know about the sewer line. Dave stated that the land is in the city limits and the sewer line will be taken up a dedicated right of way to the east of this property. In regard to another question, Dave stated the most feasible place for the water line is where it is being proposed. This will best suit future expansion of the certificate of survey and additional lots in the area. Joe clarified that the cost of putting in the water line will be paid by the developer, Curt Blee. Curt said he has a contractor picked out to do the work and they will be working under the supervision of the City of Laurel. Curt hopes to get one duplex built this fall and possibly another two next year. At this time a vote was taken on the motion. Motion carried 6--0. Minutes of the City Council of Laurel Page 4 Council Meeting of September 21, 1993 COMMITTEE REPORTS: --Board of Adjustments minutes of September 14, 1993 were presented and reviewed. Cal Cumin commented on the Schessler variance. Motion by Alderman Kellogg to enter the Board of Adjustments minutes of September 14, 1993, into the record, seconded by Alderman Easton. Motion carried 6--0. --Budget/Finance Committee minutes of September 7~ 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of September 7~ 1993, into the record, seconded by Alderman Orr. Motion carried 6--0. --City Council Committee of the Whole minutes of September 7, 1993 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of September 7, 1993, into the record, seconded by Alderman Marshall. Motion carried 6--0. --Garbage Committee minutes of September 20, 1993 were presented and reviewed. Motion by Alderman Ehrlick to enter the Garbage Committee minutes of September 20, 1993, into the record, seconded by Alderman Orr. In regard to a question, Peggy Schram commented that the city received a letter from the Department of Health and Environmental Sciences regarding a possible extension on the landfill closure which is in accordance with the proposed EPA delay of the Subtitle D regulations. Peggy said she feels we need to move along on this and get the final closure plan and hydrogeologic study done and get on with what monitoring needs to be done. The final closure was set for October 9th and she feels we still need to aim for this date. In regard to a question, Peggy said don't have to do it, but only that April of 1994. the letter does not mean that we the deadline may be delayed until A vote was taken on the motion. Motion carried 6--0. --Street and Alley Committee minutes of September 16, 1993 were reviewed earlier in the meeting. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of September 16, 1993, into the record, seconded by Alderman Orr. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: None The Mayor stated that the Historical Preservation Board and the Police Commission each need another member to fill their ranks. If you know of anyone who would be interested in serving on either of these boards, please let him know. He hopes to appoint someone to these positions at the next council meeting. MAYOR'S COMMENTS: Chuck said we have the drying beds at the sewer plant to finish off. The digester is still down and not working and we will know more about it at the end of the week. Recently the reservoir was video taped and it shows a build up of silt inside and the paint is flaking. It was suppose to be on a five year Minutes of the City Council of Laurel Page $ Council Meeting of September 21, 1993 maintenance program and it has now been eight years since anything was done. If we continue at this rate, we will have to build a new reservoir a lot sooner than we thought. Chuck said that between the reservoir and a new clear well~ we have a few projects that we need a lot of help with. The council is also going to have to make a determination whether or nob tile swimming pool is going to be put back into shape and reopened. The street fund budget is running a little over what it should be for this time of year so we need to clamp down in order to save for the spring when we need to get started on projects. We will try to continue to take care of major holes that do arise. Chuck said Dave and Peggy have been doing some survey work at the container site. We now have some locations where we can start excavation work for the walls. Hopefully we can get one side done this winter and finish it off next sprig. There will be a Personnel Committee meeting after the council meeting. There being no further business to come before the council at time, the meeting was adjourned at 7:45 p.m. Donald L. Hackmann, City Clerk this Approved by the Mayor and passed by the City Council of the City Laurel, Montana~ this 5th day of October, 1993. Charles Rodg~rs/ M~vor ATTEST: Donald L. Hackmann, City Clerk of