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HomeMy WebLinkAboutCity Council Minutes 02.17.1987Minutes of the City Council of Laurel February 17, 1987 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 7:02 p.m., on February 17, 1987. COUNCIL MEMBERS PRESENT: Ervin Wood Chuck Dickerson Mel Krug Donald Meyers L. D. Collins Norman Orr COUNCIL MEMBERS ABSENT: Donna Kilpatrick Rob Harris INVOCATION: Invocation given by Reverend Holt. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of February 3, 1987, as presented, seconded by Alderman Orr. Carried. CORRESPONDENCE: Received the January and February, 1987, Newsletter from the Montana Munici- pal Insurance Authority. Received a legislative bulletin dated February 4, 1987, from the Montana League of Cities & Towns. Received a memo from James Kaercher of HKM Associates regarding the January 5, 1987, meeting between the City and EPA. Received a transmittal letter from HKM and a copy of a memo to A. T. Kersich and J. Kaercher from Bill Taylor regarding a Summary/Evaluation of Settlement Costs for the Laurel wastewater treatment plant claims. Received the January minutes and activity report and the status of total suspended particulate, sulfation rate and carbon monoxide in the Billings- Laurel area, from the Yellowstone County Air Pollution Control Board. Received a copy of a letter to Roy E. Ventura from Mayor Gauthier regarding the proposed bike path on U.S.#10 between Locust Avenue and Yard Office Road. Received a letter signed by 17 people objecting to a home occupation business proposed by Richard Barnhardt at 618 2nd Avenue for small engine repair or sewing machine repair. YELLOWSTONE COUNTY AIR POLLUTION CONTROL BOARD: Joe Bradley explained to the Council that the minutes of Yellowstone County Air Pollution Control Board were not completely accurate. On February 19th there will be a preliminary pretrial hearing. At that time the judge will meet with the lawyers and set a trial date. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENT: The City Clerk and City Treasurer's Financial Statement for the month of January, 1987, was presented. Motion by Alderman Meyers to approve the City Clerk and City Treasurer's Financial Statement for the month of January, 1987, seconded by Alderman Orr. Motion carried 6--0. 1985--86 AUDIT REPORT: Mel Tiensvold, CPA, presented the 1985--86 annual audit report. PUBLIC HEARING - NEW ZONING MAP: Proponents: Cal Cumin explained that the last zoning map was prepared in 1979. Because of the changes in the years since then, there was a need to update the zoning map. There were basically no changes made except for expanding the boundaries outward as the City grows. Opponents: None present; however, there was a comment that they were concerned about the zoning for the Ramsey building. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Collins. Motion carried 6--0. ORDINANCE NO. 903 (first reading) ADOPTING THE NEW ZONING MAP AS RECOMMENDED BY THE PLANNING BOARD. Motion by Alderman Meyers that Ordinance No. 903 (first reading) be passed and adopted, seconded by Alderman Orr. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. BOAT RAMP: Joe Bradley said that the easement had added wording over the one he had sent and that the added wording said that they want the City to be responsible for damages to property or injuries to persons resulting from the new boat ramp and also that the City would be responsible for the maintenance and manage- ment of the boat ramp. page2 Minutes of the City Council of Laurel Motion by Alderman Dickerson to table the perpetual easement agreement until we hear from the Montana Department of Fish, Wildlife & Parks, seconded by Alderman Meyers. Motion carried 6--0. There was discussion on having a City representative present at the site during construction. Joe Bradley will contact the Montana Department of Fish, Wildlife & Parks. BID OPENING FOR CONCRETE WORK: Jim Flisrand I'd like to have the Council recommend we delay this for two weeks. Due to some circumstances that have come up, I'd lire the bid opening to be extended to March 3rd at 7:00 p.m. I will notify all the bid holders at this time with a notice that it will be extended to March 3rd. Motion by Mel Krug to extend the bid opening deadline to March 3rd at 7:00 p.m., seconded by Alderman Dickerson. Motion carried 6--0. (One bid was received from Quality Concrete Co. of Billings, which was returned to them on February 18, 1987.) RICHARD BARNHARDT - CITY LICENSE - SEWING MACHINE REPAIR: Richard Barnhardt When I applied for the license for sewing machine repair I deleted the part about the small engine repair. The first meeting I attended they didn't seem to care for that idea too much. Since I started all this there's been a great deal of concern from my neighbors. The concern hasn't been because I'm going to be doing the work there. Their concern has been after I leave because I am a renter. Whether the license will leave with me or if it would open my residence to future businesses. The majority of my work or 99% of my work will be done in the customer's home. It would be a fluke if I ever had to do one at home. So there wouldn't be any problem with traffic or anything like that. Even if I brought one home, there wouldn't be any noise or anything that would disturb anybody. All it is, is a matter of turning a screwdriver. I would like to have the license but I don't want to cause any problems. I would like to know if I could get a license and should I ever move that my residence would not be open to any future business. Joe Bradley It won't be. The home occupation, if you grant that to Mr. Barnhardt, is specific to him. Nobody else can use it. Richard Barnhardt So then if I leave, then it does not in any way open my residence. Joe Bradley No. Richard Barnhardt One of the other things that I was asked was whether this could be put in writing. Joe Bradley It's in the ordinance. We are not worried about that at all. It's granted to you and it's granted to you in conjunction with this spot so you can't use it anyplace else within the City. If you move and wanted to do it again, you'd have to apply all over again. And if you move away you can't assign it or sell it or leave it there. It's for him as long as he lives there. That's what you'd be granted. I don't think anybody needs to worry about it staying there after you're gone. Bob Gauthier Cal, did it go before the Planning Board? Cal Cumin It went before the Planning Board as a small engine repair and we had quite a discussion over it. The application was turned back to eliminate small engines. I guess except for small engines in sewing machines. The Planning Board recommended approval of the sewing machine operation. My recommendation was denial of the original application. We have had several of this kind of thing before the board and the stipulation we have been putting on this is that it's okay to have your license and do repair work if you do it not in your own home so you don't have people coming into your house and dropping off sewing machines and having this kind of travel. The reason for that is it is not only quieter, it also helps on your enforcement of it. While he could be out there working on 40 different machines that are being dropped off and there's no way to enforce it. However, if he's got to go out to the client's house, it makes it a lot cleaner and quieter and remember we just got done putting the screws down on the home occupation stuff. We've really tightened it up. So you have the Planning Board recommendation. My recommendation is I don't have any problem approving it if you let him do it at his client's house. That's where we stand. Grace Caudillo The residents talked and they do object to it. There is a petition. I think you have a petition there. Bob Gauthier You are still against issuing the license? Grace Caudillo Yes. Minutes of the City Council of Laurel Bob Gauthier Joe, what action do you recommend we take? Joe Bradley Well, as long as he's here, I think you can act on it but your motion here would be to grant a home occupation subject to approval on issuance of a business license through the License Committee. He still has to do that. I've never been sure where you go first. I always get confused on this. You don't want to grant him a home occupation if he's not going to get his business license. So you could move to grant it, subject to the issuance of a business license through the License Committee. That would be okay. Grace Caudillo That would be if he goes to other people's homes to do it? Joe Bradley That's the other consideration you want to make. If you just want'- to grant it to him outright, then yourmotion would have no limitation to it but if you want to limit him to doing it off the property at his custo- mer's houses, then that should be in your motion. The home occupation subject to no work being done on the site. That would be your motion. Motion by Alderman Dickerson to deny Mr. Barnhar~dt an on premises license for sewing machine service but allow him a license to repair sewing machines at customer's homes, pending the approval of the License Committee, seconded by Alderman Collins. Motion carried 5--0 with Alderman Wood abstaining. Richard Barnhardt I have a question. Would the Council object if by some strange chance I run into a machine that is giving me problems and there is nothing I can do at the customer's home, I have a business in town that will allow me to take it to his building. Would there be a problem with that? It's a local business downtown. It's Fred's TV. Chuck Dickerson I see no problem with that. Richard Barnhardt was advised to see the License Committee. SUE CARTER - CITY LAND FOR NEW LIBRARY: Sue Carter Mayor, City Council, and supervisors, the City Library Board is here tonight asking permission to use the City land that is located on 8th Avenue and 3rd Street. We would like to have this permission to use this land to put our new library on. This land is located on the Young's Subdivision. It is 6 lots, 11 through 16. Its measurements are 180 ft. x 140 ft. It is also located in a residential neighborhood. We would like this permission in writing so our Library Board would have the power of authority to keep applying for more grants and also helping with our local fund drives that we have. The location of the site is somewhat centrally located. It does lay on the west boundaries of the City limits. The east side is two miles in the City limits, from the north a mile and 3/10ths, and from the south 1/10th of a mile with the projected growth probably going toward the west, it's very possible this could be centrally located in the future. This land is very accessible to Main and 8th has been designated as an arterial street. Other community developments in the area are senior housing, which is Meadowlark and Spruce Grove; churches, which are Our Savior's Lutheran, 1st Baptist; and the school is West School. In summation, the board feels the site would be beneficial to both the Laurel community, the City of Laurel, and our library. Joe Bradley informed the Council that the land was tax title land so there does not need to be any kind of election but he did advise a public hearing be held. Motion by Alderman Meyers to refer this to the Planning Board to hold a public hearing on March 12, 1987, seconded by Alderman Collins. Motion carried 6--0. CURB & GUTTER INSTALLATION: Motion by Alderman Krug that the Council order that new curb and gutter be constructed along the north side of East Main Street adjacent to Lots 1, 2, 3, 4 and 5 of Block 16, Nutting Subdivision, and also adjacent to Lots 11, 12, 13 and 14, Block 1, Nutting Subdivision, and that written notice of this order be given to the property owners or agents pursuant to Montana Codes Annotated, Section 7-14-4109, seconded by Alderman Meyers. Motion carried 6--0. There was discussion regarding replacing curb and gutter on Main Street. SUNHAVEN MOBILE HOME PARK SUBDIVISION IMPROVEMENTS AGREEMENT: Cal Cumin Sunhaven Mobile Home Park signed a contract with the City on April 30th, 1985, promising to put in improvements, first phase, by November, 1985, second phase by April, 1986. Jim pointed out to me that they are not done yet. I wrote Zuck a letter and said, "let's update your contract, keep it current." He didn't care enough to show up. As far as I'm concerned the City should activate his letter of credit and build the improvements. That's where we are. We've got an improvements agreement which is a contract which is out of date and this is a bad situation. We've had that happen several times because things just get filed and people tend to forget about page 4 them. start. Minutes of the City Council of Laurel But we are trying to improve these things and it's a good place to Motion by Alderman Dickerson that we write Zuck another letter giving him 30 days to contact the City and giving us a time that he will be done or at such time we will draw on the letter of credit to make the necessary improvements ourselves, Seconded by Alderman Meyers. Motion carried 6--0. CAL CUMIN - OFF-STREET PARKING SPACE SIZES: There was discussion on the fact that 10 ft. parking spaces may need to be changed. Motion by Alderman Meyers to refer this to the Planning Board to hold a public hearing, seconded by Alderman Krug. Motion carried 6--0. COMMITTEE REPORTS: --City Council Committee as a Whole minutes of February 3, 1987, were presented and reviewed. Motion by Alderman Meyers to enter the City Council Committee as a Whole minutes of February 3, 1987, into the record, seconded by Alderman Orr. Motion carried 6--0. --Budget/Finance Committee minutes of February 10, 1987, were presented and reviewed. Motion by Alderman Krug to enter the Budget/Finance Committee minutes of February 10, 1987, into the record, seconded by Alderman Dickerson. Motion carried 6--0. --City-County Planning Board minutes of February 12, 1987, were presented and reviewed. Motion by Alderman Krug to enter the City-County Planning Board minutes of February 12, 1987, into the record, seconded by Alderman Collins. Motion carried 6--0. --Ambulance Committee minutes of February 10, 1987, were presented and reviewed. Motion by Alderman Dickerson to enter the Ambulance Committee minutes of February 10, 1987, into the record, seconded by Alderman Orr. Motion carried 6--0. --Public Utilities Committee minutes of February 9, 1987, were presented and reviewed. Motion by Alderman Meyers to confirm the committee recommendation to not make any adjustment on Gerald Hewitt's 2602 Topeka utility (water) bill, seconded by Alderman ~%~ye~r-z~ Motion carried 6--0. Motion by Alderman Meyers to send Virginia Schreiner, 912 W. 4th Street, a bill and if not paid shut her off, seconded by Alderman Dickerson0 Motion carried 6--0. Motion by Alderman Meyers not to make any adjustment on Herman Sorg's 13 Washington Avenue bill but his summer sewer average should not be based on this month's usage, seconded by Alderman Orr. Motion carried 6--0. Motion by Alderman Meyers to confirm the committee's recommendation to not make any adjustments on Mark Winkler's 1103 Milwaukee utility bill, seconded by Alderman Dickerson. Motion carried 6--0. Motion by Alderman Meyers to enter the Public Utilities Committee minutes of February 9, 1987, into the record, seconded by Alderman Krug. Motion carried 6--0. INSURANCE COMMITTEE MEETING: Don Hackmann announced that there will be an Insurance Committee meeting on Wednesday, February 18th, at 4:15 p.m. GARBAGE COMMITTEE MEETING: There will be a Garbage Committee meeting on Tuesday, February 24th, at 5 p.m. STREET & ALLEY COMMITTEE MEETING: There will be a Street & Alley Committee meeting on Thursday, March 12th, at 5:30 p.m. NO SMOKING IN COUNCIL CHAMBERS: Motion by Alderman Dickerson to direct Joe Bradley to draw up a resolution to have "no smoking" in the City Council Chambers, seconded by Alderman Collins. Motion carried 5'-1 with Alderman Meyers voting, "NO." CHUCK DICKERSON - CITY OFFICIALS LIVING IN CITY LIMITS: There was discussion regarding the City's requirement that City officials live within the City limits. Motion by Alderman Dickerson to direct Joe Bradley to draw up an ordinance amending the requirement that City officials must live within the Laurel City limits, seconded by Alderman Krug. Roll call vote: pages Minutes of the City Council of Laurel Aldermen Wood, Orr, Dickerson and Krug voted, "YES," and Aldermen Meyers and Collins voted, "NO." Motion carried 4--2. There was a discussion regarding the possibility of Yellowstone Beef Products moving to Jan's IGA. This would be processing of the meat, boxed, frozen, and shipped. Waste products, if any, would be addressed at the time of license application. There is a grease trap installed at the building already. There.being no further business to come before the Council at this time, the meeting was adj°urned at 8:50 P'm' ~~.~w~_~_~ Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of March, 1987.