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HomeMy WebLinkAboutCity Council Minutes 11.06.1991Minutes of the City Council of Laurel November 6, 1991 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 Bob Gauthier at 7:00 p.m., on November 6, 1991. COUNCIL MEMBERS PRESENT: Norman Orr Bruce Teeters L.D. Collins Chuck Rodgers Bob Graham Ron Marshall COUNCIL MEMBERS ABSENT: Donna Kilpatrick Lonnie Kellogg INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of October 16, 1991, as presented, seconded by Alderman Collins. Motion carried 6--0. CORRESPONDENCE: Received a report from the Laurel Police Reserve regarding the hours logged during the first quarter of 1991-92. CLAIMS: Claims for the month of October were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderman Orr to approve all claims in the $ 332,697.33 for the month of October, 1991, seconded by Collins. Motion carried 6--0. amount of Alderman PUBLIC HEARING - ADDITIONAL STORAGE TANKS FOR ASPHALT SUPPLY: This being the time and place advertised, a public hearing was held. Cal Cumin said the Planning Board held a public hearing on this request for special review on September 12th and recommended that it be granted. The reasons are as follows: 1) The operation of Asphalt Supply is there by prior right. 2) Problems have been centered around the issue of the naphtha tanks. They propose to remove these tanks and cease operation of naphtha if they are allowed to put in the new tank which would be a net benefit to Laurel. 3) The overall volume is to remain the same. 4) They are willing to widen the gate on the southwest side of their property to accommodate the trucks. 5) They will meet all fire, building and air pollution codes that are in existence now. Cal said, given these factors, the Planning Board recommended approval. The previously stated items are things that Asphalt Supply has indicated they are willing to do but may not occur if approval is not granted. The city has a limited amount of ability to control what happens but we cannot shut them down. Bruce Teeters questioned who is going to police the operation of Asphalt Supply in the future if they decide to go back into operation as it exists now? Cal stated this is a good question and he has problems with it as many others do because of the complexity of the issues such as the various chemicals involved, what they do with them and what they produce. He has no answer regarding this but one thing they did look at, was the number of complaints that have been received since this is one area that can be enforced on a nuisance basis. There have been no complaints since January 11, 1986 until the time that the hearing was advertised just recently. This is a problem for the Air Quality Bureau which deals with these issues since it cannot act without complaints. Page 2 Council Minutes of the City Council of Laurel Meeting of November 6, 1991 Ron Marshall said he feels the people quit complaining because there was no follow up. Why say anything when nothing is ever done about it? Bob Graham questioned whether the odor will be cut if Asphalt Supply gets rid of the cutter tank that they propose to do. Joe Bradley clarified that they have not been making naphtha for over a year now and at the Planning Board hearing, comments were made that the odor is not as bad now. There is still an odor and the people do not like it but it's not as bad as it had been, according to some. PROPONENTS: Kirt Diegel, 3808 Slalom Drive in Billings, works for Asphalt Supply and spoke in favor of the tankl He said the reason for the tank is not to increase production but for reassurance for the company. When they make their rubberized asphalt~ it needs to set and cure for at least 24 to 48 hours so they do not violate any specifications. They currently have two tanks they can ship out of and one that they make it in. It takes time to fill the tank and let it cure so the big tank would allow them to put more product in the tank to cure. It will not increase production. Kirt said there is only a given amount that the state and federal highways let every year for what roads are going to be paved. In response to a previous question, Kirt said they quit using the naphtha tanks most of the time since the odor was objectionable to the neighborhood and they do not want to upset anyone. They need to make a living too and occasionally it is necessary that they bid a job that requires the use of this product. Kirt said that if they had this larger tank, they could accommodate their rubberized jobs and avoid penalties that can cut them down and put them out of business. In response to a question that this will not eliminate the naphtha tanks~ Kirt said that by allowing them to use this rubberized asphalt, it will give them more of a commitment to do specific jobs that fall at certain times. With the additional storage, they can distribute their product more evenly and not cut themselves short. It is when they are cut short that they may need to rely on jobs that require. naphtha. Chuck Rodgers asked what they will be using to thin this product. Kirt said they will not be making it any differently than they do now and they use a 2% latex. Be said they are not going to change anything as far as the process of making it is concerned. Chuck said that according to the proposal, they would be eliminating the cutter tank. Kirt said, "We're willing to say we won't make those anymore, we'll stick with the rubberized asphalt." If another job calls for using naphtha, Kirt said, "We won't let that job." Chuck said, "In other words, you won't use naphtha at all, it will be completely gone?" Kirt replied, "If we get this tank, yes, that is true." Joe reiterated what has been said for clarification by Kirt. This would not increase production at all. With the current operation and smaller storage tanks, they cook their batches more often but with the big tank they would cook more at one time but they would cook less batches. Kirt agreed to this. Joe stated that if the council does not approve this, Asphalt Supply is really not losing anything. They will just cook more batches and store it for a shorter amount of time. Bob Graham stated that if turned down, they may need to bid naphtha jobs in order to keep in business and Kirt said that is possible. Joe Bradley stated that if council gives approval, Asphalt Supply will have to get a building permit for this tank and will have to meet all fire requirements for diking and capacity. Bruce Teeters said he does not see the correlation between the storage capacity and whether or not they will use naphtha. Kirt said that the correlation is we want to be good neighbors. We have been hassled in Minutes of the City Council of Laurel Page 3 Council Meeting of November 6, 1991 the past and we don't like it. He went on to say that in past years, they have been dealing with penalties because their product is out of specification. This is due primarily to not letting it sit long enough. If they do not have the storage capacity to bid the larger jobs, they are forced to bid smaller ones that use cutter products and that is where the naphtha comes in. Ron Marshall questioned what cures the asphalt when it is different factors. the cutter does. spread and the Kirt said the cutter curing time depends on Chuck Rodgers questioned whether this tank has to be at this location. Kirt said they have no other place to put it since this is their only branch in Montana that serves the northwest. Due to their differences with Cenex, it is not feasible to rent tank space from them. OPPONENTS: Steve Schreiner, 108 Durland, wanted to know if this tank will be vented as the other ones are? Kirt stated that it will be and the odor will be the same as it is now. Steve said the odor was so bad this summer, as it has been from the start, that it would wake them up at night and they would have to close the windows. Steve did say that the odor has improved only slightly since they are not making naphtha. Glenda Kaufman, 107 Forrest Avenue, said she lives right across from the exit gate and they have problems with the trucks driving on the sidewalk and boulevard. This has really softened the boulevard and left ruts in it. The trucks are also driving over the curb box and the Kaufman's have replaced it when it was broken. She asked what they propose to do. Kirt said they plan to widen this gate and they feel this will help the problem. It was widened one other time and Asphalt Supply received a letter from a previous resident at 107 Forrest stating that this helped. Joe said there was some discussion at a Planning Board meeting about widening a space back of the gate in order to give the trucks more room to turn around. Kirt said they could do this and get an additional 20 to 30 feet which would reduce the degree of angle when the trucks enter the street. Kathleen Behm, 220 Yellowstone Avenue, stated she has been hassling with Asphalt Supply for the past six years and if they would like to be a good neighbor, why don't they move to Mossmain. This is no place to have a nuisance with odor or the danger of explosion. Kathleen said four years ago they promised to widen that gate but all they get are promises. Why complain, no one listens! She said she is for business, but this is the wrong place for this one. They have not complied with building and licensing requirements and she doesn't believe their promises. John Kaiserman, 406 Cedar, said what Asphalt Supply is offering is blackmail. In regard to the gate, it doesn't take the city council's permission to widen the gate and Kirt indicated they have the land to do it. They say they'll be good neighbors and do something for us if we allow them this tank, but what they are proposing is something theM have been capable of doing all along. John said his main complaint with them is the stench that smells like burning rubber. You can't burn tires at the dumps anymore because of the smell of burning rubber and yet, that is just what this smells like. The wind patterns favor him over other residents but the smell still makes his wife sick. John said his wife is a semi-invalid who can't get out of the house and he can't afford to pack up and go someplace else. His largest asset is his house and he can't afford to walk away from it to get away from the stench. John said when his wife calls the police department to complain, they just put her off and do not even take her name. They are making his life miserable! Bruce Teeters asked Dave Slaymaker to comment on John's charges that the police department does not log complaints. Dave said the procedure is to take the information down and those are the only ones he knows about. If someone feels their calls are not being logged, they need to contact the Police Chief. The police department takes no Minutes of the City Council of Laurel Page 4 Council Meeting of November 6, 1991 action on complaints such as these but they do pass them on to the City Attorney. Ron Marshall questioned whether there is a state statue that would limit Asphalt Supply to just what they are doing now. Cal said they are there now under a nonconforming use and if they should ever close down or go out of business, that is it. No other business like it could ever start up in that zone. But since they are requesting a change in their operation in addition to the new tank, this is considered expansion and it requires them to go through the hearing process, Cal clarified that the complaints he was talking about earlier were with the Yellowstone Air Quality Bureau and not the Laurel Police Department. L.D. Collins stated that air quality does not have anything to do with odor. Air quality has to do with suspended particulates that can be measured in the air. Joe Bradley stated that . tests were taken and Asphalt Supply was not in violation of suspended particulates. The mist eliminator on the tanks remove the suspended particulates in the air. Kirt had a final comment. He said this is an asphalt plant that sits next to the refinery. The refinery is spending 80 million dollars to de-sulfurize and he feels that is a far worse problem than the asphalt plant. Joe questioned Kirt about the telephone ringer outside. Kirt said they turned it down considerably. Steve Schreiner and Ron Marshall said they can still hear it but, it is not as loud as before. In regard to the complaints about the trucks idling and radios playing loudly, Kirt said letters have been written to the truck companies but nothing more has been done. L.D. Collins stated that he was on the licensing committee at the time Asphalt Supply initially came for a license. He asked the representative if they would be using anything that would burn, explode or cause danger to anyone and he answered, "No". L.D. Collins referred to a map of Asphalt Supply and said upon personal inspection when they started, the square building contained the latex tank. To his knowledge, they never received permission to move the latex tank and it now sits among the other tanks. The cutter tank was never there on the original diagram and since it is now on skids, he doubts that it would be permitted. He thinks the only tanks that were permitted were the three large 30 diameter tanks and the mixer. They were never to have a road on the north side and they do now. They were never to load or unload from the north side but they do. There are so many things that continue that were never suppose to be there. L.D. said he has a real problem with the truthfulness of Asphalt Supply. Motion by Alderman Collins to close the public hearing, seconded by Alderman Rodgers. Motion carried 6--0. At this time the council discussed the issue. Bob Graham stated he feels this plant should never have been allowed to be built where it is. He sympathizes with the two gentlemen representing Asphalt Supply because they have to take the brunt of it but, we can't compound the problem by voting this in. Eon Marshall said he moved here in 1978 and he asked people in his neighborhood whether the smell from the refinery is a problem. They said once in a while you can smell it but it's no problem. Ron said it has not been a problem either due to the refinery's location in regard to his home and the wind patterns. He knew what he was up against when he bought his home but this is beyond his control and he has been fighting them ever since. Bruce Teeters said he has a problem with the present application in that it seems that if we give them what they want, they promise to do something in exchange for it. Me doesn't think the city should now or ever be put in that position, That is not why we are here as a council. Bruce said he feels a little bit threatened by that. Page 5 Council Meeting of November 6, 1991 Minutes of the City Council of Laurel L.D. Collins said he agrees with Bruce that this give and take idea is not right. He then questioned Kirt as to the capacity of the tanks and mixer. Bob Graham said he does not feel Asphalt Supply is trying to bribe the city. He feels they are simply stating what choices they have from a business point of view. Kirt simply stated that if they cannot accept large bids for the rubberized asphalt, they will be forced to accept smaller bids to keep their business going and this may entail ones that use naphtha. Cal said this issue of trade-off is one that can be addressed in this process. The plant has a right to be in that zone under the city's ordinance hut they are grand-fathered in so if they move they cannot go back in. It they want to expand or change their operation they have to go through the special review process. Part of this process is to try to address the issues that are troublesome and attempt to alleviate as many of them as you can. This is where the trade-off may come in and there is nothing wrong with this if it helps to eliminate problems. This is the only time during the zoning process where you can put conditions on them. In the special review process~ you are looking at something that has a right to be there and you're trying to figure out how to better make it fit in the neighborhood. Cal said the problem tonight is that no one will be satisfied until the plant is gone. In regard to a question, Cal said that all the conditions fit into the process that you are working with tonight except the offer of $ 26,000.00 by Asphalt Supply. That was inappropriate. L.D. Collins feels they put in the cutter tank without ever receiving permission from the city. Joe Bradley stated that when they originally went in, the city could not have stopped them from putting in the cutter and naphtha tanks since it was properly zoned for them at that time. The city did not have any restrictions on asphalt plants in that zone at that time. It is unclear when the cutter tank actually went in. L.D. feels they have not been truthful and this has put the neighborhood in jeopardy. Motion by Alderman review application for Motion carried 6--0. Rodgers to deny Asphalt Supply~s special expansion, seconded by Alderman Teeters. A recess was called from 7:55 p.m. until 8:03 p.m. PETE'S RECYCLING: This item was tabled on October 1, 1991. Motion by Alderman Collins to remove from the table the application for Pete~s Recycling for a business license, seconded by Alderman Graham. Motion carried 6--0. The license was issued pending a fire inspection. The inspection was done yesterday and it passed. Motion by Alderman Collins to grant a business license to Pete's Recycling, seconded by Alderman Marshall. Motion carried 6--0. CHRISTMAS TO REMEMBER: Jean Carroll Thompson, on behalf of the Christmas to Remember Committee, is requesting permission for their activities which are to be held on December 1st. The parade route would begin on First Avenue and 2nd Street and proceed south to Main Street by Firemen's Park. The street would be closed from approximately 4:30 p.m. to 6:00 p.m. Jean Carroll said they plan to have the fireworks display if the firemen are able to help them out again. If this works out, she will come to the next council meeting to obtain permission. Minutes of the City Council of Laurel Page 6 Council Meeting of November 6, 1991 Motion b.v Alderman Committee permission to Alderman Graham. Motion carried 6--0. CLASSIFICATION APPEAL: This item was tabled until the next meeting APPOINT INTERVIEW COMMITTEE FOR CDBG GRANT WRITER: The Mayor stated the committee should consist of members, the City Clerk and the City Attorney. He following people to the committee: Bob Graham - Chairman Ron Marshall Donna Kilpatrick Joe Bradley Don Hackmann ENGINEERING AGREEMENT WITH MORRISON-MAIERLE/CSSA: RESOLUTION NO. 2565 A RESOLUTION APPROVING AN ENGINEERING AGREEMENT BETWEEN THE CITY OF LAUREL AND MORRISON-MAIERLE/CSSA Orr to grant the Christmas to Remember hold a parade on December 1st, seconded by by request of the union. three council appointed the The Highway Department contacted the City and would like us to engage an engineer to lay out a design to replace the water line at South Bridge. This involves 370' of tine with the State paying 100% on 300' of it. The remaining 70' would be split with the city and we would pay 25% of this for a cost not to exceed $ 200.00. More discussion followed. Motion b.v Alderman Graham that Resolution No. 2565 be passed and adopted, seconded by Alderman Marshall. Motion carried 6--0. ORDIN~uNCES RE-DEFINING TYPES OF DAY-CARE FACILITIES: ORDINANCE NO. 992 (first reading) REPEALING SECTION 17.08.230 OF THE LAUREL MUNICIPAL CODE Motion b.v Alderman Orr that Ordinance No. 992 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 993 (first reading) AMENDING SECTION 17.08.320 OF THE LAUREL MUNICIPAL CODE Motion b.v Alderman Marshall that Ordinance No. 993 ( first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 994 (first reading) AN ORDINANCE ADDING SECTION 17.08.325 TO THE LAUREL MUNICIPAL CODE, DAY-CARE FACILITIES Motion by Alderman Orr that Ordinance No. 994 (first reading l be passed and adopted, seconded by Alderman Rodgers. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 995 (first readingl ADDING SECTION 17.08.455 TO THE LAUREL MUNICIPAL CODE, FAMILY DAY-CARE HOME Minutes of the City Council of Laurel Page 7 Council Meeting of November 6, 1991 Motion by Alderman Marshall that Ordinance No. 995 (first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 996 (first reading) ADDING SECTION 17.08.535 TO THE LAUREL MUNICIPAL CODE, GROUP DAY-CARE HOMES Motion by Alderman Collins that Ordinance No. 996 (first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 997 (first reading) AMENDING SECTION 17.16.010 OF THE LAUREL MUNICIPAL CODE, TO ALLOW DAY-CARE FACILITIES IN ALL RESIDENTIAL DISTRICTS BY SPECIAL REVIEW Motion by Alderman Rodgers that Ordinance No. 997 (first reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 6~-0. REQUIRE A PERMIT FOR ANY ENCROACHMENT ON PUBLIC PROPERTY: ORDINANCE NO. 990 (second reading) AMENDING SECTION 12.16.040 OF THE LAUREL MUNICIPAL CODE TO REQUIRE A PERMIT FOR ANY ENCROACHMENT ON ANY PUBLIC PROPERTY Public Hearing: No comments. Motion by Alderman Orr to close the public hearing, seconded by Alderman Rodgers. Motion carried 6--0. Motion by Alderman Orr that Ordinance No. 990 (second reading) be passed and adopted, seconded by Alderman Graham. It was stated that this does not give H & R Block permission to put in a ramp. She will have to apply for it and the council will consider what they want to put in. More discussion followed regarding the businesses who display wares on the sidewalks. Joe said you could make the business person come in and get a permit for it on an annual basis but this could lead to a liability issue if someone got hurt. Joe said more than the liability issue, is how do you distinguish between the applicants. In response to a question, Joe said we have an ordinance that allows for such temporary things as Crazy Daze. This ordinance addresses things of a more permanent nature that will stay there day after day. In regard to this ordinance, Joe said the council needs to decide if they are more comfortable with the blanket prohibition for these kinds of things or do they want to consider them on a case by case basis and take on the burden of trying to distinguish between them. A roll call vote was taken and Aldermen Marshall, Collins and voted, "NO." Aldermen Graham, Orr and Rodgers voted, "YES." tied. The Mayor broke the tie with a "YES" vote. Motion 4--3. Teeters Motion carried ESTABLISH RENTALS FOR ENCROACHMENT PERMITS: ORDINANCE NO. 991 (second reading) AMENDING SECTION 12.16.100 OF THE LAUREL MUNICIPAL CODE, TO ESTABLISH RENTALS FOR ENCROACHMENT PERMITS Public Hearing: No comment. Minutes of the City Council of Laurel Page 8 Council Meeting of November 6, 1991 Joe Bradley reviewed the ordinance for the council. Motion by Alderman Orr to close the public hearing, seconded by Alderman Marshall. Motion carried 6--0. Motion by Alderman Orr that Ordinance No. 991 (second reading) be passed and adopted, seconded by Alderman Graham. Discussion regarding poles in street on 3rd Avenue. A roll voted, tied. call vote was taken and Aldermen Teeters, Collins and Marshall "NO." Aldermen Rodgers, Orr and Graham voted, "YES." Motion The Mayor broke the tie with a "YES" vote. Motion carried 4--3 COMMITTEE REPORTS: --Budget/Finance Committee minutes of October 15, 1991 were presented and reviewed. Motion by Alderman Teeters to enter the Budget/Finance minutes of October 15, 1991, into the record, seconded by Orr. Motion carried 6--0. Committee Alderman --Cemetery Committee minutes of October 24, 1991 were presented and reviewed. Motion by Alderman Orr to enter the Cemetery Committee minutes of October 24, 1991, into the record, seconded by Alderman Teeters. Motion carried 6--0. --City Council Committee of the Whole minutes of October 15, 1991 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of October 15, 1991, into the record~ seconded by Alderman Collins. Motion carried 6--0. --Laurel Airport Authority minutes of October 22, 1991 were presented. Motion by Alderman Collins to enter the Laurel Airport minutes of October 22, 1991, into the record, seconded by Rodgers. Motion carried 6--0. Authority Alderman --Classification Appeals Committee minutes of October 24, 1991, presented and reviewed. were Motion by Alderman Rodgers to enter the Classification Appeals Committee minutes of October 24, 1991, into the record, seconded by Alderman Orr. Motion carried 6--0. --License Committee minutes of October 22, reviewed. 1991 were presented and Motion by Alderman Collins to grant a city license to Connie's Baby-sitting, seconded by Alderman Graham. Motion carried 6--0. Motion by Alderman Marshall to grant a city license to Crafts By Wee, seconded by Alderman Orr. Motion carried 6--0. Motion by Alderman Collins to grant a city license to Subway Sandwiches, seconded by Alderman Orr. Motion carried 6--0. Motion by Alderman Collins to enter the License Committee minutes of October 22, 1991, into the record, seconded by Alderman Rodgers. Motion carried 6--0. --Parks & Recreation Committee minutes of October 24, 1991 were presented and reviewed. Motion by Alderman Collins to enter the Parks & Recreation Committee minutes of October 24, 1991, into the record, seconded by Alderman Graham. Motion carried 6--0. Page 9 Minutes of the City Council of Laurel Council Meeting of November 6, 1991 COMMENTS FROM THE AUDIENCE: Dan Fix thanked the council for granting him a business license for Subway Sandwiches. Bruce Teeters stated he will be absent from the next council meeting and he inquired whether there is absentee or proxy voting. Joe said he looked this up years ago and could find nothing on it. Dave Michael congratulated the aldermen and City Treasurer on being elected. MAYOR'S COMMENTS: The Mayor appointed Susan Blaskovich as an ambulance attendant. Motion by Alderman Marshall to confirm the Mayor's appointment of Susan Blaskovich as an ambulance attendant, seconded by Alderman Collins. Motion carried 6--0. The Mayor appointed John Rosenberg for Sergeant, effective November 7, period. as the committee's recommendation 1991 for a one year probationary Motion by Alderman Rodgers to confirm Mayor's the appointment of John Rosenberg as Sergeant, effective November 7, 1991, seconded by Alderman Graham. Motion carried 6--0. The Mayor appointed Mary recommendation for patrolman, year probationary period. Ann Rangitsch as the committee's effective November 12, 1991, for a one Motion by Alderman Marshall to confirm the Mayor's appointment of Mary Ann Rangitsch as patrolman, effective November 12, 1991, for a one year probationary period, seconded by Alderman Rodgers. Motion carried 6--0. The Mayor congratulated all those who were elected in the recent election. There being no further business to come before the Council at this time, the meeting was adjourned at 8:57 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19th day of November, 1991. ATTEST: Donald L. Hackma~nn, City Clerk