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HomeMy WebLinkAboutCity Council Minutes 03.19.1985 Minutes of the City- Council- of Laurel March 19, 19 5 A regula r meeting of the C ity Council of .th e City of Laurel, Montana, was ' held in the Council Chambe rs-and called to order by Mayor Albert Ehrlick at 7:00 p.m., on March 19, 1985. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Chuck Dickerson Marvin Carter Donald Meyers Mel Krug (late) Rob Harris Bill Brennan Bob Gauthier COUNCIL MEMBERS ABSENT: none INVOCATION: Invocation given by Rflverend Holt. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of March 5, 19 5, as presented, seconded by Alderman Dickerson. Carried. CORRESPONDENCE: Received a letter from_Department of Health & Environmental Sciences regarding Federal Sewage Works Grant (Step 2 and 3). Received a copy of the rules and regulations from Yellowstone County Air Pollution Control. Received the February-minutes and agenda from-the Yellowstone County Air Pollution Control Board. Received a letter from John Hawley Smith regarding building inspections of various projects at the Laurel Airport. Received an update from Northwest Power Planning Council. Received a letter from Department of Health & Environmental Sciences regarding ' asbestos waste burial at landfills. Received two legislative bulletins -from Montana League of Cities & Towns. Received a letter .from Gareld F. Krieg, regarding Stingley Supermarket project and Industrial Development Revenue notes or bonds. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENT: The City Clerk and City Treasurer's Financial~tatement or t~ he month of February, 1985, was presented and reviewed. Motion by Alderman Gauthier to accept the City Clerk and City Treasurer's Financial Statement as presented, seconded by Alderman Dickerson. Motion carried 7--0. - STEVE DUGANZ, DIRECTOR OF YELLOWSTONE COUNTY AIR POLLUTION CONTROL: Mr. Duganz appeared before the Council to inform the Council where Asphalt Supply stands after the fire on February 20th. Steve stated as soon as he can get ahold of Mr. Jamison (the manager) he will inform him in person and by letter both of the previous .problems we have had with .odors and the petition signed by numerous people last year, and tell him we have new regulations. One is called the malfunction rule that if any air pollution control equipment does malfunction and the Air Pollution Control Board notices that trucks are being loaded out and the mist eliminator is not being operated, he will be subject to a $10,000 fine. I will also send a copy to the President of the company. Rob Harris asked what if Asphalt Supply puts the mist eliminator back into ' working condition-and it doesn't do the job as far as causing an odor? page 2 Minutes of .the- City Council of Laurel- , Steve_Duganz He has not completed all the things that he can do. Before they can start operating again, all the Naptha odors will have to be absorbed. If-the mist eliminator doesn't work they might have to install a scrubber. Rob Harris. Has Asphalt Supply given you any indication that they are going to be using Naptha? Steve Duganz Yes. Rob Harris Will they be doing their own mixing at the .plant? Steve Duganz They-will be. Tomorrow .I will talk with Al Roberts, the Chief of the Air Quality Bureau, about regulations regarding asphalt. Peg Kamerzel stated the original application for which they are licensed was for a rubberizing plant. Are they doing anything different now than when they started, and if so should this have come before the Council, and did it??? Steve Duganz They have been doing the same thing.. Basically, it's a blending plant. hey take the three products tdgether and blend them. Peg Kamerzel In-the 16 years that I have been treasurer only once has the com- mittee met with.a business having problems, and the .matter was settled. Has the committee ever-met with Asphalt Supply and explained to them that their license could be pulled? Steve Duganz I invited Mr. Degele, the President of the company, gip-time-meeting tonight and he stated he was too busy. - Darrell L. McGillen stated-when the license application was presented to the License Committee the cutback asphalt was being brought into the plant. The only blending over there would be of the latex material to produce a rubberized ' asphalt. Since then they have broadened their product which would call for an additional cutback product. What I'm trying to say is in the original license the cutback was being mixed at another plant. Now all three processes are being blended over there. Steve Duganz I believe they started that plant up way before they were ever ready to do so. If the plant was located somewhere else I don't feel there would be near the problem. Ross Kaufmann I live directly across the street from the plant at 107 Forrest. What is going to be done with those trucks using my driveway to turn around in? Joe Bradley Steve, did you say that you .made arrangements to inspect the mist eliminator before they go back into operation? Steve Duganz I will be. Don Meyers Based on what's happened over there, what right would the City have to pull their license? Steve Duganz. The best C~uality Bureau, and Al mate for the number of City of Laurel could p Albert Ehrlick Steve, regulations? source on feels the people on zll his li would you that for me .is Al Roberts, the Chief of Air petition that was .signed last year was legiti- the south-side that wanted something done. The sense simply for creating a public nuisance. want the Council to consider adopting these Steve Duganz Yes, these regulations are word-for-word from the State code. Don Meyers Then we should have our Attorney check with the County Attorney ' and we could see if we can shut them down as a public nuisance. page 3 Minutes of the -City Council of Laurel Motion by Alderman Meyers that we call Asphalt Supply into the City and advise them of problems and they may be .shut down as a public nuisance, seconded by Alderman Harris. Motion carried 8--0. JAN STINGLEY - IDR BONDS: Joe Bradley stated that Gareld Krieg, representing Jan Stingley, is asking for the City to pass a resolution calling for a public hearing on IDR bonds. Bob Gauthier stated Jan Stingley came to the Budget/Finance .Committee and asked to use the City of Laurel for obtaining financing of a new building. This would be IDR bonds. I would like to inform Jan that there is an applica- tion fee. It will not exceed 1% of the project cost. At this time the following resolution was presented: RESOLUTION N0. 2123 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED PROJECT UNDER TITLE 90, CHAPTER 5, MONTANA CODE ANNOTATED. Motion by Alderman Me ers that Resolution No. 2123 be passed and adopted, seconded by Alderman rug. otion carried 8--0. CHRISTIAN, SPRING, SIELBACK & ASSOCIATION - PINE GROVE SUBDIVISION: Bob Miller, Civil Engineer, representing Christian, Spring, Sielback & ssociates, handed out brochures and literature on the proposed RMH (Residential Mobile Home) sub- division. Jerry Hauf is -the realtor for Pine Grove Subdivision. He explained how many were pre-sold and how many are to be sold. He also gave the Council a copy of the proposed deed restrictions that will apply at Pine Grove. ' Cal Cumin stated they have applied for a zone change. The recommendation coming from the City-County Planning Board is that the zone change be denied. Now they are going to have to advertise through the Council for a public hearing. Tonight is more or less an information meeting. The proposed public hearing date is set for May 7th. Discussion followed on why Cal personally denied the zone change. Darrell L. McGilleh explained how many miles it is to Pine Grove Subdivision either by going down Shannon Road or down by the Refinery. P9ore discussion followed. Motion by Alderman Carter to move on to the next order of business, seconded by Alderman Meyers. Motion carried 8--0. ED LA PRATH - 14th STREET LOTS POSSIBLE ANNEXATION: Ed appeared before the Council to see if the Council would conside-r annexing one lot. It has been done before. Discussion followed on taking either one block or one lot in at a time. Motion by Alderman Carter to initiate an annexation from 5th Avenue to 14th Street on Beartooth, seconded by Alderman Krug. Motion carried 8--0. ORDINANCE N0. 798 (SECOND READING): ORDINANCE N0. 798 (second reading) AMENDING SECTION 13.04.100, WATER METERS REQUIRED, OF THE LAUREL MUNICIPAL CODE. ' Motion by Alderman Kellogg that Ordinance No. 798 (second reading) be passed .and .adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all aldermen present answered, "YES." Motion carried 8--0. page 4 Minutes of the City Council of Laurel ORDINANCE N0. 799 (SECOND READING):- ' ORDINANCE N0. 799 (SECOND READING) AMENDING SECTION 13.04.120, DELINQUENT ACCOUNTS, OF THE LAUREL MUNICIPAL CODE. Motion_~ Alderman Kellogg that Ordinance No. 799 (second reading) be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, the aldermen answered as follows: Brennan "YES" Kellogg "YES" Krug "NO" Meyers "NO" Carter "NO" Gauthier- "YES" Harris "YES" Dickerson "YES" Motion carried 5--3. ORDINANCE N0. 800 (SECOND READING): ORDINANCE N0. 800 (SECOND READING) AMENDING SECTION 17.76.O10A TO DELETE CHANGE OF OCCUPANCY REQUIREMENT FOR OFF-STREET PARKING, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that .Ordinance No. 800 (second reading) be passed and adopted, seconded by Alderman-Meyers. Upon taking a roll call vote all aldermen answered, "YES" with Alderman Brennan voting, "N0." Motion carried 7--1. ORDINANCE N0. 801 (FIRST READING): ' ORDINANCE N0. 801 (FIRST READING) AMENDING SECTION 8.12.054, CERTAIN MATTER NOT TO BE PLACED IN RECEPTACLES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Meyers that Ordinance No. 801 (.first reading) be passed and adopted, seconded by Alderman Krug. Upon taking a roll call vote all aldermen answered, "YES" with Alderman Carter voting, "N0." Motion carried 7--1. RESOLUTION TRANSFERRING FUNDS FROM SID 95 AND SID 97 BACK TO REVOLVING FUND: RESOLUTION N0. 2124 ~~' BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Meyers that Resolution No.-.2124 be passed and adopted, seconded by Alderman Brennan. Motion carried 8--0. Alderman Dickerson was confused about certain resolutions.. At this time City Attorney, Joe Bradley, brought up the following resolution. Basically, this is just a bookkeeping measure. RESOLUTION N0. 2125 APPOINTING AMERICAN NATIONAL BANK AND TRUST COMPANY AS TEMPORARY TRUSTEE, SUCCESSOR PAYING AGENT AND UPON, APPROVAL OF A MAJORITY IN PRINCIPAL AMOUNT OF THE OUT- STANDING BONDS, AS SUCCESSOR TRUSTEE UNDER THE TRUST INDENTURE, DATED AS OF JUNE 1, 1977. ' Motion by Alderman Dickerson that Resolution No. 2125 be passed and adopted, seconded by Alderman Meyers. Motion carried 8--0. page 5 Minutes of the -City Council of Laurel ' COMMITTEE REPORTS: --Garbage Committee minutes of March 18, 1985, were presented and reviewed. Motion by Alderman Meyers to enter-into the record the Garbage Committee minutes of March 18, 1985, seconded by Alderman Harris. Motion carried 8--0. --Police Committee minutes of March 7, 1g85, were presented and reviewed. Motion by Alderman Gauthier to allow the Police Department to purchase a refrigerator for 150 for film and medical supplies, seconded by Alderman .Meyers. Motion carried 8--0. Discussion on the open container law. Joe Bradley to write a letter to Sonny O'Days concerning the open container-law.- Motion by Alderman Dickerson to enter into the record the Police Committee minutes of March 7, 19 5, seconded by Alderman Brennan. Motion carried 8--0. --Public Utilities Committee minutes of February 11, 1985, were presented and reviewed. Motion by Alderman-Kellogg to enter into the record the Public Utilities .Committee minutes of February 11, 1985, seconded by Alderman Meyers. Motion carried 8--0. --Public Utilities Committee minutes of March 12, 1985, were presented and reviewed. -" Motion b~~Alderman Kellogg to enter into the record the Public Utilities Committee m nutes o~F~Iar`cFi-I2, 1985,. seconded by Alderman Harris. Motion carried 8--0. **Alderman Kellogg stated there is a-change order coming to burn the methane gas. Our equipment is in bad shape and will have to be replaced. The cost just for parts is $3,300. Then there will be the cost to Volk Construction... --Ambulance Committee minutes of February 25, 1985, were presented and reviewed. Motion by Alderman Kellogg to enter into the record the Ambulance Committee minutes of February 25, 1985, seconded by Alderman Dickerson. Motion carried 8--0• --FAP Committee minutes of March 11, 1g85, were presented and reviewed. *~Alderman Kellogg suggested that we allow a budget for the installation of the air conditioner and heating unit and also have it checked by an engineer. Motion by Alderman Brennan to enter into the record the FAP Committee minutes of March 11- , 1~ seconded by Alderman Krug. Motion carried 8--0. --Fire Committee minutes of February 21, 1985, were presented and reviewed. Motion by Alderman Carter to enter into the record the Fire Committee minutes of February 21, 195, seconded by Alderman Harris. Motion carried 8--0. --Fire Committee minutes of February 25, 1985, were presented and reviewed. Motion by Alderman Carter to enter into the record the Fire Committee minutes of February 2 ,, l~g~seconded by Alderman Krug. Motion carried 8--0. --Fire Committee minutes of March 11, 1985, were presented and reviewed. Motion by Alderman Carter to enter into the record the Fire Committee ' minutes of March 11, ~5, seconded by Alderman Brennan. Motion carried 8--0. page 6 Minutes of the City Council of Laurel --Insurance Committee minutes of-March 11, 1985, were presented and reviewed. ' Motion by Alderman Gauthier to enter into the record the Insurance Com- mittee minutes of March 11, 1985, seconded by Alderman Dickerson. Motion carried 8--0. --Budget/Finance Committee minutes of March 14, 1985, were presented and reviewed. Discussion on dump truck. Motion by Alderman Gauthier to allow Ernie Davis to advertise for a dump truck, seconded by Alderman Dickerson. Motion carried. 8--0. Discussion on copier machine. Motion byy Al~der~man Gauthier to give Don Hackmann permission to purchase the new copierer mac~i~ne, secon~e3 by Alderman Brennan. Motion carried 8--0. Discussion on IIMC Conference. Motion ~by ~A~lde~rman Gauthier to grant Don Hackmann permission to attend the IIMC o~encein Canada May 19--23, seconded by Alderman Dickerson. Motion carried 8--0. Motion b~ Alderman Gauthier to enter into-the record the Budget/Finance Committee minutes-o-f~rch~985, seconded by Alderman Dickerson. Motion carried 8--0. --City-County Planning Board minutes of March 14,-1985, were presented and reviewed. The public hearing on Pine Grove Subdivision zone change will be on May 7th. Motion by Alderman Brennan to enter into the record the City-County Planning ' Board minutes of Marc 1 , 9 , seconded by Alderman Carter. Motion carried 8--0. _ COMMENTS FROM AUDIENCE: Mary McKamy asked if the Airport Authority would act on filling the 5th post on the committee. It will be left vacant until next month. COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Bob Gauthier would like to have all budget sheets turned in so he can start entering them on computer. Ernie ..Davis stated he has-been in touch with Audio-Therm about fixing the roof at the complex. Bill Brennan asked if street sweeping was going to get underway. It's being worked on right now. Jim Flisrand stated a clothing store is going in Dr. Beyl's building. He sees no problems. The other item is the DNRC has approved the City's extension to December 30, 1985, on the. Ditch Lining. Project. The .scope of the project has not changed; and in the event the new bids exceed the grant money available, funds must be secured to complete the project. We can write a budget amendment to the con- tract if needed. That's why I-mentioned the last time we met to putting a little extra money into-this fund in case we run over. -There is a very good chance that we are-going to run short of funds to finish the Ditch Lining Project.. Joe Bradley stated the City of Billings has recently had their ordinances recodified. They sent a free copy to us. It's the same thing that we had budgeted for and we agreed to send the City of Billings a free copy of ours. page z Minutes of the City Council of Laurel ' Park Committee will meet March 26; 1885. Ambulance Committee meeting is cancelled for this month. Jim Flisrand stated he had met with Bob Mace, and they will be starting work either this week or beginning of next week on the next phase of Cherry Hills. MAYOR'S COMMENTS: Discussion on the standpipe put in on Locust Avenue. Referred to Public Utilities Committee. One other Item was the. matter of a time slip and who has authorization to sign it. The meeting was closing at 9:45 p.m. for a private personnel meeting with the Council. There being no further business to come before the Council at this time, the meeting was adjourned at approximately 11 p.m. "` ~~Sc., // 1. ~,e,FmME.2. Teresa M. Gremmer, Sec etary Approved by the Mayor and passed by the-City Council of the City of Laurel, Montana, this 2nd day of April, 1985. ST: ' Donald L. Hackmann, City Clerk ~~~-~~~~ Albert Ehrlick, Mayor