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HomeMy WebLinkAboutCity Council Minutes 06.04.1985 Minutes of the City Council of Laurel June 4, 1985 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 Albert Ehrlick. at 7:03 p.m., on June 4~ 1985. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Chuck Dickerson Mel Krug Donald Meyers Bill Brennan Bob Gauthier COUNCIL MEMBERS ABSENT: Marvin Carter Rob Harris INVOCATION: Invocation given by Mai Krug. i~INUTES: Motion.by Alderman Meyers to approve the minutes, of the regular meeting of May 21, 1985, as presented, seconded by Alderman Dickerson. Carried. CORRESPONDENCE: Received a thank you from John Floyd for giving him another chance for a business license. Received two memos from the League of Cities & Towns regarding a Worker's Compen- sation Self Insurance program and the shortfall in the motor vehicle reimbursement account due to a mistake in Senate Bill #142. Received a synopsis, agenda, and update from the Northwest Power Planning Council. Received a proposed 1985-86 budget from the Yellowstone County Air Pollution Control. Laurel's share is $2,309. Received a letter.from Paulette C. Van Nice, Chairperson of Laurel School District #7 and ~7-70, regarding student enrollment and the consideration that needs to be taken in future new developments and additions to the City and within the Laurel School District. Received a~letter from the West Grade School PTO regarding bicycle safety. This was referred to the Police Committee, Received a letter from Department of Commerce, Community Development Division, regarding FY '86 County. Land Planning Fund projections; Effects of new law on funding for FY '86; Cutback.in funds for FY '87--FY '93. A copy of.this letter was g~ven to John Smith, Chairman of the Laurel-Yellowstone City-County Planning Board, and to Cal Cumin, the City's Planning Consultant. Received a copy of a letter written to Dee Braswell from David L. Dory, District Conservationist, regarding the proposed Pine Grove Subdivision. Received objections in moving the ditch at the proposed Pine Grove Subdivision from five shareholders in the Clarks Fork Ditch Company. Received a copy of Yellowstone County Sheriff's Department Contract Law Enforcement program and operational plan for law enforcement services. No action was taken. Received a letter of agreement for engineering services for the Laurel Water Dis- tribution Study, Task II. This was referred to the Public Utilities Committee. CLAIMS: Claims for the month of May, 1985, were reviewed by the Budget/Finance Committee. Motion by Alderman Brennan to pay the claims for the month of May, seconded by Alderman Krug. Motion carried 6--0. JIM KAERCHER~ HKM - PROGRESS REPORT ON WASTEWATER TREATMENT PLANT: Jim presented a written report and also an °ra!~rep°vt was given. PUBLIC HEARING - ZONE CNANGE TO HIGHWAY COMMERCIAL ON UNPLATTED AREA REMAINING BETWEEN VILLAGE SUBDIVISION~i SECOND FILING"~ H.'IG.H'.W'A~ '#'i'.0.'~''MA'RYLAND LANE AND MILWAUKEE ROAD {PLANNING BOARD RECOMMENDS APPRO'VAL.) This being the' ti~e ~nd place advertised, a public hear'lng ~a's h'eld'. ' Proponents: None present. Opponents: None present. Public hearing closed. ORDINANCE NO. 809 (first reading) DESIGNATING HC ZONE AND CHANGING THE LAUREL ZONING MAP. Motion .b.y Alderman Meyers that Ordinance No. 809 (first reading) be passed and adopted, seconded 'by Alderman Dickerson. Upon taking a roll call vote, the following aldermen answered: Kellogg NO Gauthier NO Meyers YES Motion carried 4--2. BID OPENING - GAS AND OIL: bids were received: Laurel Krug YES Brennan YES Dickerson YES This being the time and place advertised, Conoco Bulk regular gasoline 1.0015 diesel fuel .883 15W-40 3.47/gal. the following page 2 Minutes of the City Council of Laurel BID OPENING ASPHALT PRODUCTS: This being the following 'b'i'd' ~a's '~e~eived' f~om Cenex Refinery, 145 Tons MC-250/800 cutback asphalt il0 Tons CRS-2 emulsified asphalt time and place advertised, the Laurel, MT.: $185.00/Ton FOB refinery 155.00/Ton FOB refinery all materials shall meet applicable MDON asphalt specifications. Motion by .A.lderman Krug to accept Cenex Refinery's bid for asphalt products, secon'ded by'Alderman M'eYers. Motion carried 6--0. BID OPENING INSURANCE: This being the time and place advertised, all bids received were opened. The bids were from Williams Agency, Olivia Lee, agent; Mutual of Omaha, Walt Menello, agent; Business Plans Associates, Marie Deonier, agent; Employee Benefit Plans, LTD, Thomas Heald, agent. Due to the many options in the insurance plans, all bids were referred to the Insurance Committee for review at a meeting on Tuesday, June llth at 4:B0 p.m., and to make a recommendation at the June 18th, 1985, Council meeting. PUBLIC.HEARING - SWE.E.PING DISTRICT .PU.RCHASE OF A NEW. S,WEEPER: This being the time and place advertised, a public hearing was held. Proponents: None Opponents: None Brent Twichel on behalf of the Chamber and most of the members on Main Street are the people paying for the sweeper, asked if there was going to be an increase or any charges whatsoeVer. The answer was, "NO." Discussion on if the City will be abie to purchase a sweeper at this price - by the amount of money we have in the fund. Public hearing closed. More discussion on the sweeper regarding going out for bids. ORDINANCE NO. 806 (SECOND READING}: ORDINANCE NO. 806 (second reading) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP. (PINE GROVE SUBDIVISION) Motion by Alderm.an Meyers that Ordinance No. 806 {second reading) be passed and adopted, seconded by Alderman Dickerson. Louie Day spoke in opposition of the zone change. Cenex position on Pine Grove Subdivision: The_area that is to be subdivided is not adjacent to Cenex property; however, we believe it is only wise to inform the public that there are inherent disadvantages to living close to an industriai site such as the refinery. The Cenex Refinery meets all State and Federal standards for air and water pollution. While meeting the.air pollution standards, there are still quantities of stack gases that contain sulfur compounds. Living directly downstream of the refinery puts the Pine Grove property in the prevailing direction of the winds blowing from the south- west and in line with the refinery. This does not create any health hazards as far as concentration of sulfur compounds in the air but it does create disagreeable odors at times when the air is not moving the gases out of the area. People buying property in this area should be made aware of this. Refineries are also not immune to such things as spills, explosions and tank fires. Experience at Cenex has been good in these categories and has proven to be a safe plant to work in over the years. This does not eliminate the possibility of some Laurel Servicenter regular gasoline 1.00B diesel #2 .881 15W-40 3.85/gal. These two bids were referred to the Street & Alley Committee. BID OPENING - ROAD MATERIAL: This being the time and place advertised, the following bids were received: Long Construction 2500 cu. yds. 1/2" road material $8.55 $21,B75.00 3000 cu. yds. 3/4" road material 8.55 .25,6.50.00 4000 cu. yds. 3/8'! stone chips 12.06 48,240.00 600 cu. yds. B" max. pit run ?.12 4,2?2.00 Bid bond attached. William Krug &Sons. 2500 cu. yds. 1/2" road material 5.25 1B,125.00 BO00 cu. yds. ~/4" road material 5.00 15,000.00 4000 cu. yds. 3/8'! stone chips 5.00 20,000.00 600 cu. yds. 3" max. pit run 4.?5 2,850.00 Bid bond attached. Motio.n by Atde.rman Meyers to accept William Krug's bid on road material, sec°nde'd bY '~!derm~n KF'ug· Motion carried 6--0. page 3 Minutes of the City CoUncil of Laurel type of disaster occurring, whether it be caused by lightning, sabotage or faiIure of equipment. Here again, the people buying property close to the refinery should be aware of these possibilities even though past history has not indicated any cause for alarm. Cenex has always been a responsible part of the community and we intend to remain so. However, we believe this responsibility also includes informing the public of any possibilities that could involve their safety even if this possibility might be remote. Roger Briggs also spoke in opposition of the zone change: It is my opinion that the Council's reasoned response to the requested Pine Grove "residential mobile home" zoning should be in the negative. This opinion is based on three reasons I hope you will consider or reconsider. First is Laurel's census history and popui~tion probability. The 1960 census was 4,601 which went down to 4,454 in 1970. The optimism of the 70!s brought growth, but to a figure far less.than estimates and expectations. It is probably that the number is slipping down ~gain at this time. As population relates to housing, it seems the growth to "new Laurel!' has.created quite a number of empty homes in the shuffle, and certainly the Council has allowed for adequate numbers of building sites for expansion. Is it logical now to encourage Pine Grove toward opening 294 building sites, representing housing for population growth comparable to Laurel's 25 year total increase, in one concentrated location? Second, in accepting a zone change there is an implied willingness to take the next step of accepting the Pine Grove development. The signal you give implies willingness of the pubiic to accept the obIigations of maintenance of all the services to the development including maintenance of nearly 2 miles of 60 foot streets, nearly 2 acres of park, and the Yellowstone County and State obligation for increased maintenance to over 3 miles of roads from Laurel city limits to the development. in that the public's obligations for 294 building sites start before the tax base includes houses, wouldn't the zone change encouragement of Pine Grove developers be a presumptuous Council action? Third is the Pine Grove geography. Given the existing.location of heavy industry and of the interstate highway, Pine Grove can only be a satellite to Laurel at best. Giving it all the optimism of its developers, its geographic destiny would be "Pine Grove Beyond the Rust Belt." No fault of anyone, that's just the way it is. These three seem compelling reasons to refuse the requested zone change and are the basis of my opposition. Alderman Meyers stated the Council should also take into consideration the letter received from the school that was read in correspondence. Also from the ditch company. Alderman Kellogg added we have a copy of a letter from the Department of Agriculture stating this land should probably remain an agricultural pPoduction, also the school can only increase 120 students and 294 units will definitely bring more than 120 students. The ditch company has a problem with it, may infer that the City may have the responsibility of cleaning the ditch or maintaining it afterward which could be an additional expense. A roll call vote was taken with the following aldermen answer- Question called for. ing: Brennan Krug Kellogg NO Meyers NO NO Gauthier NO NO Dickerson NO Motion was defeated 6--0. ORDINANCE NO. 807 (SECOND READING): ORDINANCE NO. 807 (second reading) PROHIBITING THE OPERATION OF MOTOR vEHICLES IN CITY PARKS. Motion by Alderman Meyers that Ordinance No. 807 (second reading) be passed and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 808 (SECOND READING): ORDINANCE NO. 808 (second reading) GARAGE SALE SIGNS PROHIBITED ON CERTAIN STREETS ADDING SECTION 9.20.065 TO THE LAUREL MUNICIPAL CODE° Motio. n by Alderman Dickerson that Ordinance No. 808 (second reading) be tabled until June 18, 1985, seconded by Alderman Meyers. Motion carried 6--0 . APPOINT GRANT COMMITTEE: The Mayor appointed the following people to the Grant Committee: Mar'yin. Carter, Jim Flisrand, Don Hackmann, Sharon Herman, Pat Johnson and Vern Halvorson. Minutes of the City Council of Laurel page 4 Motion by Alderman Krug to con£irm the Mayor's appointments, seconded by Alder- man Dickerson. Motion carried 6--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of June 4, 1985, were presented and reviewed. Motion by Alderman Gauthier to enter into the record the Budget/Finance Com- mittee minutes of June.4, 1985, seconded by Alderman Brennan. Motion carried 6--0. --Budget/Finance Committee minutes of May 28, 1985, were presented and reviewed. Motion by Alderman Gauthier to enter into the record the Budget/Finance Com, mittee minutes of May 28, 1985, seconded by Alderman Brennan. Motion carried 6--0. --Grants Committee minutes o£ MaY 28, 1985, were presented and reviewed. Motion by Alderman Meyers to enter into the record the Grants Committee minutes of May.28, !985. seconded by Alderman Krug. Motion carried 6--0. --License Committe.e. minutes of June 3~ 1985, were presented and reviewed. Motion by Alderman Meyers to issue Jamison Masonry & Concrete a City license, seconded 'by' Alde'rman BrYn'nan. Motion carried 6--0. Motion by Alderman Meyers to issue Pizza Hut a construction license, seconded by Alderman Krug. Motion carried 6--0. Motion by Alderman Meyers to issue NEGU, Inc. office a City license after fire inspection, seconded by Alderman Krug. Motion carried 6--0. Motion by Alderman Meyers to issue Laurel Refrigeration a City license, seconded by Alderman Krug. Motion carried 6--0. Motion by Alderman Meyers to issue Dot's Lil' Orbit Donuts a City license after she shows her health license, seconded by Alderman Brennan. Motion carried 6--0. Discussion on delivery permits, how much to charger and who to charge. Discussion on requiring bonds for electricians, plumbers, roofers and contractors. Motion by Alderman Meyers to enter into the record the License Committee minutes of June 3, 1985, seconded by Alderman Krug. Motion carried 6--0. --Park Committee minutes of June 3, 1985, were presented and reviewed. Motion by Alderman Brennan to enter into the record the Park Committee minutes of June 3', 1'9'85, seconded b'y Alderman Krug. Motion carried 6--0. --Airport Authority minutes of March 26, 1985, April 23, 1985, and May 27, 1985, were presented and reviewed. Motion by Alderman Kellogg to enter into the record the Airport Authority minutes of March 26~ April 23 and May 27, 1985, seconded by Alderman Meyers. Motion carried --Ambulance Committee rePresented by Alderman Kellogg. Motion by A~.d.erman Kellogg to hire Norma Larson as an ambulance attendant, seconded by Alderman Meyers. Motion carried 6--0. --Public Utilities Committee Alderman Kellogg stated Terry Fink has asked him to bring up a subject before the Council. When he added on his carwash, he ran the sewer line (and this is in his words) as the City told him, and it ran down the boulevard and was to connect at the alley, because at that time there was no sewer in the street. We put the sewer in the street last year. Now his sewer line runs across the property where Pizza Hut is going to be located; Pizza Hut will drain their surface water underneath the ground with gravel. It will be right on top of his sewer line. That means Terry will have to move his sewer line. This is sort of a. Council decision. Terry says he was told to put it there. When he has to move it he would like to share the cost with the City. He.will pay the plumber, do the digging if the City will furnish the backfill and repave the street. It amounts to 10 ft. by 3 ft. section. Jim Flisrand stated the City approved his installation of the service line in the boulevard which was 4 ft. wide, and the City does inspect all taps. The tap, I presume, was inspected and OKd. The City never has and never will verify property lines, so the alignment of that was totally up to the property owner and the con- tractor. I don't feel we should pay for it. Joe Bradley Not knowing exactly what was told to Terry, I don't think the Council wants to accept any liability for somebody laying their sewer line in the wrong place, or maybe misinstalling it; That's not what we inspect. Ernie Davis The possible cost to the City would be $125 - figure $45 road material and $80 for asphalt, maximum. Don Meyers asked Joe Bradley if we do this do we assume the liability of this? Joe Bradley I don't think so. We could write a letter saying that we don't accept any liability. We don't think we were wrong, but to avoid an argument we'll pay this minimal amount. I think we should set a precedence. We just don't want people page S Minutes of the City Council of Laurel from now on when we do an inspection, we don't want a misunderstanding of what we're inspecting. Motion by Alderman Kellogg that from the street to the tap, seconded answered: Dickerson NO Gauthier NO Meyers NO Motion was defeated 4--2. the City furnish the gravel and blacktop by Alderman Brennan. The following aldermen Kellogg YES Krug NO Brennan YES --Alderman Krug brought up a letter from Alan Crowe regarding East 6th Street and Elm, which has recently been opened as a through street and no stop signs. Discussion on 2-way or 47~ay stop signs. Motion by Alderman Krug to put a 4-way stop sign at Elm and East 6th Street, seconded by Alderman Dickerson. Motion carried 5--1 with Alderman Kellogg voting, "NO." --Garbage Committee presented the following ordinance: ORDINANCE NO. 810 (first reading) AMENDING SECTION 8.16.020, OF THE LAUREL MUNICIPAL CODE, TO PROVIDE FOR THE SETTING OF GARBAGE FEES FOR NON-CITY RESIDENTS BY RESOLUTION. Motion by Alderman Meyers that Ordinance No. 810 (first reading) be passed and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. --Joe Bradle.x presented a resolution for re¢odification of the City codes. RESOLUTION NO. 2136 REPEALING RESOLUTION NO. 2111 AND PROVIDING AUTHORIZATION TO THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT FOR CODIFICATION OF CITY CODES. Motion .by A.lderma.n Kellogg that Resolution No. 2136 be passed and adopted, seconded by Alderman Brennan. Motion carried 6--0. COMMENTS FROM AUDIENCE: Question asked about Airport Authority's budget - who controls it? Answer: It has budgeting power of its own, but the City levies 2 mills for it. COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Ernie Davis stated Phil Curry will run the first class for CPR tomorrow. Jim Flisrand stated he was approached by the Jaycees. They would like to put up a 3 ft. high fence at Riverside Park on the road that is adjaoent to their building. The fence would be made of railroad ties, buried in the ground and cemented in. The reason being they would like to keep traffic off the grass and perhaps at a later date put up some playground equipment out to the east of the horseshoe pits. This was referred to the Park Committee. MAYOR'S COMMENTS: The Mayor appointed Joe Bradley and Jim CopenhaYer to the Laurel-Yellowstone City-County Planning Board effective July 1, 1985, for a period of two years. Motion by Alderman Krug to confirm the Mayor's appointments of Joe Bradley and Jim Copenhaver to the Laurel-Yellowstone City-County Planning Board, seconded by Alderman Brennan. Motion carried 6--0. There being no further business to meeting was adjourned at 9:01 p.m. Approved by the Mayor and passed this 18th day of June~ 1985. come before the Council at this time, the ona L. Nackmann, City Cler by the City Council of the City of Laurel, A-i%~Ft EhrIicM, ~M~ySr ' - Montana,