Loading...
HomeMy WebLinkAboutCity Council Minutes 09.18.1990Minutes of the City Council of Laurel September 18, 1990 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 September 18, 1990. COUNCIL MEMBERS PRESENT: Norman Orr Lonnie Kellogg Bruce Teeters Bob Graham L.D. Collins Ron Marshall Chuck Rodgers COUNCIL MEMBERS ABSENT: Donna Kilpatrick INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Rodgers to approve the minutes of the regular meeting of September 4~ 1990~ as presented~ seconded by Alderman Collins. Motion carried 7--0. CORRESPONDENCE: Received a letter from the Yellowstone County Rural Fire Council regarding donating the excess low band radio equipment from the Laurel Fire Department. This item was referred to the Fire Committee. Received a copy of the letter to the Park Board from Darrell McGillen who is resigning from the Park Board~ effective immediately. The Mayor accepted the resignation of Darrell McGillen. Received the September minutes and activity report from the Air Pollution Control Board. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of August were presented. Motion by Alderman Marshall that the City Clerk and City Treasurer's financial statements for the month of August, 1990, be approved~ seconded by Alderman Collins. Motion carried 7--0. AGNES CROW - SENIOR HELPING HANDS PROGRAM: Postponed until October 16, 1990. DEBBIE TEDSTROM RECYCLING PROGRAM IN LAUREL: Postponed until October 2, 1990. HOME OCCUPATION: This item was brought before the council at the September 4~ 1990 meeting and a motion was made to table it because Terry was not present. Terry Steinmasel, 1013 13th Avenue, stated he would like to place candy and gum ball machines throughout Laurel. He will have a desk and filing cabinet at his house but the sales and delivery will be at the place where the machines are located. The Planning Board recommended approval. Motion by Alderman Collins to remove this item from the table, seconded by Alderman Kellogg. Motion carried 7--0. At this time a vote was taken on the original motion to grant Terry Steinmasel a home occupation. Motion carried 7--0. RE-CERTIFY LAUREL AS A MONTANA CERTIFIED COMMUNITY: RESOLUTION NO. 2484 MONTANA CERTIFIED COMMUNITIES Motion by Alderman Kellogg that Resolution No. 2484 be passed and adopted, seconded by Alderman Orr. Motion carried ?--0. Pa e2 Minutes of the City Council of Laurel Council Meeting of September 18, 1990 ANNEX CERTAIN DESCRIBED PROPERTIES & EXTEND BOUNDARIES OF LAUREL: RESOLUTION NO. 2485 ANNEXING CERTAIN LANDS WHICH ABE WHOLLY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF LAUREL, TO THE CITY Motion by Alderman Kellogg that Resolution No. 2485 be passed and adopted, seconded by Alderman Collins. This property is located at the northeast corner of 8th Avenue and West Maryland. Bob Wetch spoke in protest to the annexation and the Deputy City Clerk also received a letter from Bob and the other four owners of the property. It was stated that this property is in probate and is up for sale. At this time the motion was voted on. Motion carried 7--0. RESOLUTION NO. 2486 ANNEXING CERTAIN LAND WHICH ARE WHOLLY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF LAUREL, TO THE CITY Motion by Alderman Orr that Resolution No. 2486 be passed and adopted, seconded by Alderman Collins. Motion carried 7--0. This property is located on the corner of 8th Avenue and West 7th Street. A letter of protest was received from Kent and Gayle Snook. They are in the process of selling this property and would like it left in the county so it does not create a financial hardship on the new property owners in regards to hooking up to city services. RESOLUTION NO. 2487 ANNEXING CERTAIN LANDS WHICH ARE WHOLLY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF LAUREL, TO THE CITY Motion by Alderman Graham that Resolution No. 2487 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. This is Tracts 1 & 2, located at the northeast corner of First Avenue and Maryland Lane. Bob Bedding, 1007 First Avenue and Kirk Schroeder of 103 East Maryland Lane were present at the council meeting. RESOLUTION NO. 2488 ANNEXING CERTAIN LANDS WHICH ARE WHOLLY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF LAUREL, TO THE CITY Motion by Alderman Rodgers that Resolution no. 2488 be passed adopted, seconded by Alderman Graham. Motion carried 7--0. This property is located on the east side of First Avenue between Street East and East Maryland Lane. It was stated that there is property~ so it can have a sale. no sewer line within 150 feet of septic tank. This property is also and 9th this for RESOLUTION NO. 2489 ANNEXING CERTAIN LANDS WHICH ARE WHOLLY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF LAUREL, TO THE CITY Page3 Minutes of the City Council of Laurel Council Meeting of September 18, 1990 This property is located at the south west corner of 8th Avenue and West 7th Street. Joe Bradley stated that the council passed a resolution of intent but has since discovered that it is already in the city limits. Resolution No. 2489 died for lack of a motion. RESOLUTION NO. 2490 ANNEXING CERTAIN LANDS WHICH ARE WHOLLY SURROUNDED BY THE CORPORATE LIMITS OF THE CITY OF LAUREL, TO THE CITY Motion by Alderman Marshall that Resolution No. 2490 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. This property is located at the West 9th Street and the owners, present at the meeting. southwest corner of 8th Avenue and Warren and Edna Schwenneker, were In regard to all the annexed property presented tonight, the council was in favor of the annexations but did not want to press the landowners into hooking up to city services or putting in sidewalks, curbs and gutters at this time. It was felt that this would be quite a financial burden to several of the property owners now, but it was stated that eventually the ordinance may be enforced. The question of garbage service for these properties was referred to the Garbage Committee. ASPHALT SUPPLY CASE: Asphalt Supply currently has a law suit against the City of Laurel regarding the revoking of their business license. This has been pending for years and they are willing to dismiss this suit if the city agrees to continue renewing their license. Yellowstone County has a nuisance lawsuit against Asphalt Supply which has also been pending for years and they would like to dismiss it if the City of Laurel has no objections. Discussion followed and it was stated that there have been very few complaints against Asphalt Supply over the last couple of years. It was felt that one reason for this is that nothing was ever done by either the police department or the city itself when the complaints were coming in. People just got tired of complaining and never seeing any results. The consensus is that people in the community are still opposed to Asphalt Supply. Bob Graham pointed out that if we are going to try and do something about Asphalt Supply's pollution, noise and truck traffic, should we also be looking at Cenex Refinery because they are guilty of many of the same things. It was stated that Cenex was in place and operating before the majority of the houses in that area whereas~ Asphalt Supply is after the fact. Ron Marshall said that when he moved to the south side, he knew that the refinery sat over there but it was his choice to live there. With Asphalt Supply, he had no choice. In regards to whether they went in legally or not, Joe Bradley said it was zoned properly at the time they went in but the city's position is that they were lees than forthcoming on exactly what they would be doing. In regard to the county's nuisance lawsuit~ Joe said we do not have current proof that they are a nuisance. The proof we have is now five years old. Joe said that if the aldermen want this suit pursued~ write to the county and let them know that you are still receiving complaints and that it still stinks. COMMITTEE REPORTS: --Budget/Finance Committee presented and reviewed. minutes of September 18, 1990 were Page Minutes of the City Council of Laurel Council Meeting of September 18, 1990 Motion by Alderman Orr to enter the Budget/Finance minutes of September 18, 1990, into the record, seconded by Collins. Motion carried 7--0. Committee Alderman --Budget/Finance Committee minutes of September 4, 1990 were presented and reviewed. Motion by Alderman Orr to enter the Budget/Finance minutes of September 4, 1990, into the record, seconded by Collins. Motion carried 7--0. Committee Alderman --City Council Committee of the Whole minutes of September 4, 1990 were presented. Motion by Alderman Rodgers to enter the City Council Committee of the Whole minutes of September 4, 1990, into the record, seconded by Alderman Collins. Motion carried 7--0. --City-County Planning Board minutes of September 13, 1990 were presented and reviewed. Motion by Alderman Collins to enter the Board minutes of September 13, 1990, into the Alderman Marshall. Motion carried 7--0. City-County Planning record, seconded by Cai Cumin commented on the census count. A preliminary figure puts the population of Laurel at 5,670 which is very low. This is only 229 more than we had 10 years ago. Cal said it is very hard to challenge these figures but he is going to do it in writing on a couple of issues. The first is on the group quarters population which they have at 64 people. This includes people in the nursing home and retirement centers. The second challenge will be with They have us with an increase of yet a population increase of only the increase in the housing units. 381 units over the 1980 figures but 229 which does not make sense. Cal stated that the Billings Gazette has a form to fill out if you were not counted in the census and he is hoping Laurel gets a response from this. The census was done in the spring and things in Laurel have changed a lot since then. Gal said the figures for the state will also effect our representation in Washington DC because at this point, we may lose one legislator and Montana can't afford to. We have major assets such as clean air and water and we need the representation to protect our interest or our state will just be used as a resource for the rest of the country. HOME OCCUPATIONS: Ken Sepeda, 1007 3rd Avenue, would like to sell sporting goods and gun equipment on a piece by piece basis by mail order only. He would order the product, have it delivered to his home and then Ken would deliver it to the customer. The Planning Board recommended approval. Motion by Alderman Graham to grant a home occupation to Ken Sepeda, seconded by Alderman Kellogg. Motion carried 6--1 with Alderman Collins voting, "NO." Dennis Thormahlen withdrew his application for a home occupation. Beverly Schlesener, 1101 llth Avenue, applied for a home occupation to run a janitorial service out of her home. Ail services are done off premise and cleaning supplies are stored at the offices where they clean. They employ one or two people a month and they report directly to the office where they are cleaning. They also pick up their paychecks at that office. The Planning Board recommends approval. Motion by Alderman Graham to grant a home occupation to Beverly Schlesener, seconded by Alderman Marshall. Motion carried 7--0. Page6 Minutes of the City Council of Laurel Council Meeting of September 18, 1990 --City License Committee minutes of September 17, 1990 were presented and reviewed. Motion by Alderman Collins to grant Mabel's Kitchen a city business license, seconded by Alderman Marshall. Motion carried 7--0. Motion by Alderman Orr to grant Ken's Guns & Ammo a city business license, seconded by Alderman Marshall. Motion carried 6--1 with Alderman Collins voting~ "NO." Motion by Alderman Graham to grant TAS business license, seconded by Alderman Marshall. with Alderman Collins voting, "NO." Enterprises a city Motion carried 6--1 Motion by Alderman Kellogg to grant business license, seconded by Alderman Orr. Alderman Collins voting, "NO." Excel Janitorial a city Motion carried 6--1 with Motion by Alderman Orr to grant Mountain Man Nuts & Fruits a city business license, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderman Collins to enter the City License minutes of September 17, 1990, into the record, seconded by Marshall. Motion carried 7--0. Committee Alderman --Garbage Committee minutes of September 17, 1990 were presented and reviewed. Motion by Alderman Graham to of September 17, 1990, into the Motion carried 7--0. enter the Garbage Committee minutes record, seconded by Alderman Orr. --Parks Committee minutes of September 13, 1990 were presented and reviewed. Motion by Alderman Kellogg to enter the Parks Committee of September 13, 1990, into the record, seconded by Alderman Motion carried 7--0. minutes Collins. COMMENTS FROM THE AUDIENCE: Jim Worthington stated he received a public notice having to do with Exxon wanting to build a pipeline across the Yellowstone River. This is being done to replace the existing line on the bridge to allow for construction of the new bridge. It is a notice that requires comment if you have any concerns and they must be expressed by October 3rd. The proposal is to place the line approximately 60 feet west of the railroad bridge which would make it within 400 feet of the city's water intake pier. Jim stated that as a representative of the city, he would like to express the city's concern over the placement of a 12" pressure gas line that close to our intake valve. He would also like to express our concerns that the city be involved in the actual construction plan review. They propose to bury the entire pipeline in a six foot trench in the river with a concrete encasement on top of that~ fill dirt and then riffraff. Jim said they propose to dig the trench and use the dirt from the trench to form a dike to direct water from one side of the river to the other while construction is taking place. Jim said the city is concerned that the dike location is critical to allow us to continue to receive water for our intake pier. We would like some control regarding this by being able to look at the plans and be reassured that we will get sufficient water during the construction period. Discussion followed and there was concern that this line is proposed to be located upstream from the city's intake. The consensus of the council is that they would like to see it located downstream. Page 6 Council Meeting of September 18, 1990 Minutes of the City Council of Laurel MAYOR'S COMMENTS: The Mayor appointed Elaine Minckler to the ambulance reserve. Motion by Alderman Teeters to confirm the Mayor's appointment of Elaine Minckler to the ambulance reserve, seconded by Alderman Graham. Motion carried 7--0. The Mayor appointed Terry Steinmasel to the Fourth of July Committee to represent the Laurel Jaycees. Motion by Alderman Kellogg to confirm the Mayor's appointment of Terry Steinmasel to the Fourth of July Committee, seconded by Alderman Marshall. Motion carried 7--0. The Fourth of July Committee will have its first meeting on Monday, September 24th in the council chambers at 7:00 p.m. There time, being no further business to come before the Council at this the meeting was adjourned at 8:45 p.m. Sharon ~erman~ ~eput¥ ~it¥ Cler~ Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2nd day of October, 1990. ATTEST: Donald L. Hackmann, City Cleric