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HomeMy WebLinkAboutCity Council Minutes 07.16.1985Minutes of the City Council of Laurel July 16, 1985 A regular meeting.of the City Council of the City of Laurel, Montana, was held ±n the Council Chambers and called to order by Mayor Albert Ehrlick at 7:04 p.m., on July 16, 1985. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Rob Harris Marvin Carter Bob Gauthier Bill Brennan COUNCIL MEMBERS ABSENTi Mel Krug Chuck Dickerson Donald Meyers INVOCATION: Invocation giyen bY May°r Ehrlick. MINUTES: Motion by Alderman Brennan to approve the minutes of the regular meeting of July 2 and Special meeting of July 8, 1985, as presented, seconded by Alderman Harris. Carried. CORRESPONDENCE: Received a copy of a letter from Thelma C. Williams regarding problems with garbage, etc., resulting from the street dance on July Brd. Received a memo from the State of Montana, Department of Commerce, regarding the Certified Cities Training Conference on July 17 and 18, 1985, in Helena. Received a letter from the State of Montsna, Department of Highways, regarding Highway Intercha~ges~ Received a Highway Informational Notice regarding a proposed improvement project in Stillwater and Yellowstone Counties on Interstate Route 90, east and west of Laurel. Received the June Activity Report from Yellowstone County Air Pollution Control Board. Received a letter from EPA regarding allegations made that violations of the Davis-Bacon Act and the contract work hours and Safety Standards Act have occurred on the Laurel Wastewater Treatment ~onstruction project. Received a letter from Larry Herman regarding SID 108. An ordinance was presented to close the 500 block on South 1st Street. Joe Bradley commented that this ordinance would close the portion of South 1st Street lying south.ofBlock 1 between.5th and 6th Avenue behind the proposed IGA store as per our agreement with Jan Stingley that the road would be paved and maintained by him. This does allow the City to re-open it in the future if the City would so desire. Please note that No. lin that ordinance is one we closed several years ago, South 7th Avenue. We are just amending the ordinance. ORDINANCE NO. 812 (first reading) CLOSING PORTIONS OF SOUTH 1st STREET IN THE CITY OF LAUREL TO ALL UNAUTHORIZED PEDESTRIAN OR VEHICULAR TRAFFIC, Motion by Alderman Kellogg that Ordinance No. 812 (first reading) be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote, all aldermen present voted~ "YES." Motion carried 5--0. ASPHALT SUPPLY & SERVICEr INC. A petition was presented containing 271 s'ignatures requesting that Asphalt Supply's license be revoked or suspended because.of emissions of gas vapors and odors, danger of fire and/or explosion, and damage to City streets and private property. Several people from the audience who live in the area of the plant spoke in regards to the problems they are having. Two representatives from Asphalt Supply were present. Carol Wood, 115 Durland We are here tonight to tell you of the damage done to our homes, trucks, cars, and surroundings by Asphalt Supply. What it's doing to our health we don't know. We know that it's making it awfully hard to breathe and to enjoy the outdoors like we probably should be able to do. Would any of you Council members like to come over and clean what Asphalt has done to our homes, swings, and everything we have? We don't want any harm to come to AsphaIt Supply, but we don't want any harm to come to us or our neighbors or surroundings. I am sure that by the looks of our homes there is a lot of damage. I do have some pictures to pass around, but I would like to have them back. (Carol presented petitions to Grace Edwards, Yellow- stone County Commissioner and Steve Duganz, Yellowstone County Air Pollution Control.) Steve ~hreiner, 108 Durland As you can see we do have a very bad problem with Asphalt Supply with the damage to our homes. We also feel that the company should be moved to a more suitable area. It is so close to the housing that after the trucks are loaded they don't even have enough room to get out of their plant without driving over the neighbor's sidewalk in order to get back on the street. page 2 Minutes of the City Council of Laurel I also have pictures of the damage that has been done to our homes. One of the pictures is of the street which I have to drive across to get into my garage. It's covered with spots of asphalt from the trucks pulling out. It's dripping off of the sides of the trucks. Glenda Kaufman~ 107 Forrest I am the neighbor who lives across their exit and the trucks are coming down too far on the boulevard and we did have tracks on the sidewalk. We made a driveway for our cars, but we had to put them back out on the street to keep the trucks from coming down. I have two children who play out there and I am getting tired of these trucks coming down on the side- walk. They don't care. Also, we noticed that they are leaving the plant with their hatehes.open on the trucks. They run the loader at night after lO:O0 p.m., when you're trying to sleep. We.all work, we get up in the mornings and we work day time jobs.. They are over there at night between 10:00 p.m., and who knows what hour,.running their loader, moving gravel or whatever else they are covering up over there. The truoks that are coming in leave their radios blasting, CBs blaring, and you hear all that. Trucks are not stopping at the stop sign at 5th Avenue on Railroad Street. Trucks that are trying to get into the plant, when there are a lot of trucks there, block the intersection and tie up traffic. Late at night there is a lot of smoke coming out of the smokestack. My children have been waking up in the middle of the night with very, very dry noses and they have trouble breathing. I have talked with neighbors and their children are having the same problems. I agree with Steve. Asphalt Supply is in the wrong area. I hate to see a business closed down because Laurel needs the business, but they shouldn't be there. Our renters moved out because of that place. We can't even rent our house, let alone sell it. I feel that I am stuck there. Adeline S~reiner~ 107 Durland When I took a petition around I stopped at Laurel Gardens. Se'verAl' of our senior citizens live there. Some of them have asthma and some of them have emphysema and some of them are on oxygen. When this plant is in operation they can't be outside. Sure, they can have their air conditioners on,.but it brings in the foul air. I had one lady tell me, after that, I smell that all day long and my lungs hurt. Her doctor asked if she could move, but she said where would I go. I don't have any money and I was here first. Peter Brano~ 309 Yellowstone I think that plant should be removed from there. My wife has problems b'reathing. In the summertime you have to keep the windows open and first thing you know during the night you smell the odor and you have to close the windows. Then you about suffocate in the house. The odor is terrible. Mike Reisin~er~ 201 West Avenue The last meeting I was at someone said that 3 other states wouldn't even let them in the State. How come it's right in the middle of our town? Albert Ehrlick I don't have the answer. Mike Reisinger Well, I would like to see the thing moved. Period. Ervin Wood~ 115 Durland .Some of the citizens of Laurel have asked the City to close Asphalt Supply .- and I am talking about ~the people who have signed the petitions. The City allowed this plant to locate where it's at and has allowed it to keep operating which is endangering our property and our lives, and you don't have that right. We ask you to take the necessary action now to right this wrong. Avis Mangum, 202 Durland I would like to say not only is it hard.to breathe when you do get this o~or, but also it is a fire and explosive hazar~_ Ron Marshall~ 204 Durland If you allow this plant to continue, taxes will be paid under protest. Jim Fletcher,. Finance Offi.cer~ Asphalt Sup~.~.y..~..P... 0.. Bo.x 16219~ Denver~ CO.~ 80'216 I will try to address some of these issues to the best of my recollec- t~as I heard and understood them. As far as any.asphalt doing any damage to the exterior of the homes, we will be happy to have a representative from our insurance carrier come out and review the individual situations. We would like to request that he be allowed to take any samples from the exterior of the homes just to test them and try to make a determination if it's our material. I think that with respect to the odors I think that any time you are going to be in an area where you have oil refining of any type going on, or the use of oil products, there is going to be some emission of odors. The entire Billings-Laurel area just has an odor of petroleum products and sulfur at dif- ferent times and to different degrees. To me that's fairly apparent when I come up here~ Also, the area where I work in Colorado, we work in an area where there are two refineries adjacent to our plant and that's going to be the situa- page 3 Minutes of the City CounCil of Laurel tiOn. I don't know what more we ran do in that regard. With respeet to any problems with the trucks they are not our trucks, but we Will dontact the eommon carriers and also speak with the drivers and try to gain some response ~n that respect. You have to understand that it's difficult for us to control that situation to a great degree. We can certainly make the feelings of the people known and proceed aiong those lines, which we will be happy to do right away. We will try to rectify things of that nature that have been oceurring. As far as moving the plant, I would like to start out by saying that when we approached the.City I.think that we have always been forth right with everyone that we have had contact with. We eame forward and laid out exactly what we intended to do and how we intended to go about it. I don't think we have devested from those plans to any significant degree and we certainly haven't lead anyone awry with respeot to what our plans were and what our intent was. At the same time when anyone came around and requested that a particular situa- tion be rectified, modified, or improved, I don't think there was the least bit of hesitancy on our part to do whatever was within our power to change that. Along those lines it seems to me that we were in.compliance with zoning ordinances right from the word go and recognized every aspeet of those ordi- nances and complied with everybody's wishes from the Fire Marshal to EPA to whoever,and I just feel we have been responsible along those lines; and we're just conducting business no differently than we have from the very first day. It!s certainly not our intent to come in and create any kind of a problem for you. But at the same time for you to oome along now and say that the basic rules have changed~ I think it's a.little bit unfair from our standpoint. If someone wants to have us move, I guess I don't think you can look to us to bear the cost. Mention was made on-one individual% part that we had tried to establish opera- tions in B other states. That is not the case at all. I just want to set the record straight in respect to that point. We have never been refused. Mike Reisinger That's what they said at that last meeting. Steve f~hreiner We have had this problem with the tar ever.since the plant was opened. They' said they tried.to correct everything that has been brought up. But the tar problem has not been eorreeted and it is getting worse, instead of better. He also stated that they would talk to the people driving the trucks to have them watch Where they're driving. There isn't enough room coming out of that plant where they can get around when they are pulling a pup behind their truck. There just isn't enough room. Glenda Kaufman I still feel that they did violate their original lioense because I was under the impression that they were an asphalt supply company, and they are blending naphtha gas over there now. That was not in their original permit. My husband and I attended one other meeting; and we did speak up about the trucks driving down the sidewalks to.the City Council, and nothing has been done about it. Talking to the ~truck drivers does not work. I have talked to Mr. Jamison myself and He has talked to the truckers - evidently they don't have ears. Leonard Melin~ 311 Yellowstone Most of these things about tar, they are a real bad nuisance; but the greatest danger is an explosion and fire. That already occurred last February. When you're talking naphtha, a Substantial explosion in south Laurel is history. I don't think that plant should be there. It is a dange~ous~si~uation. Glenda Kaufman If they are going to make restitution to us on our homes, what are they going to do next year? Are they going to oome around every year with a check and hand it out to us to repair our homes? .This isn't going to happen just this Year~ it'S going to go on year after year. Ross Kaufman, 107 Forrest Avenue We got all these homes down there and a lot of people in the neighborhood had houses for sale and have been for sale. Nobody will even look at a house down in that~area. Some of them have knocked off ten, fifteen thousand dollars and we stand a pretty great loss on our homes. That's our major investment. Elaine Reisinger~ 512 Laurmac We still own a home at il0 Yellowstone. For insurance purposes~last year they estimated the house at $52,000. This year it is worth $35,000 because people will not buy due to the smell. I think for a loss like that something should be done. AdelineS~reiner In an area like this you have citizens that are breathing every second and you don't put a plant like that in a residential area. Shawna We~ner~ 212 Durland When Steve and I were first married we took every penny we had to buy our home thinking that maybe someday it would be worth enough to be able to get a nicer and bigger home. Now we are lueky to get out of it what we have got into it, but I am sure we can't. p ge 6 Minutes of the City COUncil of Laurel For the old folks that live over in She Gardens to me the City gave them a place to live, and now it's getting so it's not suitable for them to live there. ~nd if we are going to give them something to help them we shouldn't allow some- thing like this to come in and let them sit there and suffer in their last days when they have worked so hard. Glenda Kaufman Not when there is other suitable sites that have been offered to them. There is places that trucks could come and go as they please, fill all the tanks they want, have all the explosions they want, it would bother us a bit, but not in our neighborhood. We have heard comments from different people when we were out petitioning, that some of the Councilmen have made comments that "what do they care, it's not in their neighborhood, it's on the south side." Jim Fletcher Did not have any further comments at this time. Peg Kamerzel In front of me is the original application for a City license. Description of activity to be licenses, as Glenda said, and they are well prepared, asphalt rubberizing plant. Where did all Of this cutting of naphtha or whatever - how did that come in and did you go through the City to do that, and if you did I sure did not hear about it; and I am there every day, 5 days a week. Jim Fletcher One of the rubberized products we make is a cutback rubberized product, whereby you take the rubberized product and you add naphtha to it. I believe that when we first got into the construction of the plant there was one specific tank over there that was designed to contain naphtha; and I believe, if my memory serves me correctly, the Fire Marshal came over and along with the City Engineer. There are others in our company that would have a better recollection of this than myself~ who were involved with the construc- tion of the plant. I think that those people were consulted and advice came from those people at that time. Peg Kamerzel Because you're not familiar with it, it's just is a change, any time in any kind of business in Laurel, the Jim Fletcher I understand that. Peg Kamerzel And if you~say the City Engineer, which at that time was a dif- ferent person, was involved in this, I did not know about that. Jim Fletcher We are not making any products today that we didn't make in the very first year of operation. There has been no deviation there. Peg Kamerzel You're saying that when you started your business -- arrived in City May 29, 1983, received building permit June 6th, applied for City license June 6th, City license was issued September 9th, but I am assuming like around September you started and you were cutting naphtha at that time? No. Jim Fletcher Yes. Peg KamerzeI No, because further on in other Council minutes here it says that you have to put in a tower, boom or something. Jim Fletcher That was just an extended stack, I believe, for the vapor recovery system, but it seems to me that we did have everything in the plans with respect the necessary steps regarding naphtha. I beiieve you were supposed to use a blended latex rather than and did take Earl Linger naphtha. Jim Fletcher protocol that if there City is informed. We use latex to make the rubberized asphalt. Earl Linger But there was no naphtha to start with. Jim Fletcher I am not so sure that there was. Earl Linger No. Shawna Wegner If I understand him correctly he said that if they should have to move that someone else should have to do the financing of the move. Well then if this should be that way, from them coming to our side of town, doing damage to our homes, who is going to make up the.loss on our homes as far as the price goes. If we have lost $15,000 to $20,000 value on our homes, some- body should pick up that for us. Joe Bradley Mr. Mayor, at this point perhaps we should turn the matter over to the Council if they should have any questions. Albert Ehrlick L. D. Collins wanted to speak here. L. D. Collins I was at that licensing meeting when that gentleman was there from Denver. What Mrs. Kamerzel said is true. Because we asked if there was any chance of explosion or fire, if they were going to use anything that would do this; and they said "no, that they were going to use a powdered latex and that they were going to blend it with the asphalt." They had no intention or had no property on that whole place that would explode. That is what we had asked them and they guaranteed us that at the licensing meeting because I was there. page5 Minutes of the City Council of Laurel Jim Fletcher I was at one previous Council meeting and that was the licensing meeting and I know we talked about naphtha because there was a gentleman that sat in one of these chairs and he was dark haired with a mustache, and I don't remember if he was a Council member or what his position was. But we talked about that specifically and it was mentioned that down at the refinery they dealt with the same product and the fact that you were going to be handling it as well, it would be used in manufacture of certain products at our plant. I will be happy tO go back to Denver and pull out some records and provide copies of information necessary I think substantiates the fact that we did have that product up here on the premises. I just know that we wouldn't have done that without anyone's prior knowledge. Peg Kamerzel I remember you now, and I.think at that time we even discussed, and I didn't know this, Cenex used to cut their products with naphtha. They quit because of the hazard.. Jim Fletcher They still have it. That's what We use. Carol Wood About a month ago they had a fire about 2:30 in the morning. They stated that they put the.fire out themselves. About 4:30 or so, they had the fire department, police and ambulance over there. They thought it was re- igniting. About a week and a half ago they had about a 600-gallon spill. How many more chances are they going to get? Nobody is giving us any more chances. Mayor Albert Ehrlick I will close.this and turn it over to the aldermen. I am going to pick a committee to study the Asphalt Supply problem as follows: Mayor Albert Ehrlick, Chairman L. D. Collins, Air Pollution Control Board Bob Gauthier, Alderman Rob Harris, Alderman Don Meyers, Alderman Joe Bradley, City Attorney Steve Sd~einer, 108 Durland We will have a meeting a discuss the problem. I have all of the documentation of the previous meetings. Joe Bradley Do any of you aldermen have any questions? Rob Harris asked Steve Duganz, Director of Yellowstone County Air Pollution Control to give a report. Steve Duganz Our agency never issued a permit for Asphalt Supply because it was not a permitable source. I have talked to the people at the State Air Quality Bureau and they stated that if this were outside of Yellowstone County or somewhere else it wouldn't need a permit from their agency nor ours. Because they do emit less than 25 Tons per year of no criteria pollutants. So there is sort of a "catch all," if there is a problem with a plant that is not specifically not spelled out, such as an asphalt batch plant that you see along the highway, or an.incinerator, something like that, there is an odor control regulation. If a place causes a public nuisance due to their odors, then we have the authority to abate that nuisance. We have not issued a permit for that reason, nor do they need one. With me tonight is Gary Beiswanger, who has advised our board at times. Gary has stated to me that what you're doing at this point is probably correct because we do issue permits to certain industries and a permit is a very valuable tool in working with an industry of whether they are in compliance or not. If an incinerator, asphalt plant or something is not in compliance the permit is revoked and they can, therefore, no longer operate. Gary has advised me that the best way, in his opinion and the board's opinion for this to be addressed is as you are doing within the City Council and looking at that permit itself. This petition I have here, and I have seen others, to me, in my opinion, is a very valid reason to, if needed, to take legal action. But no one wants to go to court, I hope. That is the absolute last resort as far as I am concerned. So that's where we stand at this point. Mr. Beiswanger's advice is that the City of Laurel, through their permit system, handle this. As long as L. D. ColIins is on that committee we will keep in very close contact with him. Marvin Carter I think that you realize we are in a very ticklish situation along the whole railroad right-of-way, from the fact that zonin~allows those types of things to go on. Zoning ordinances and laws were established many, many years ago and they have been updated~ At the time, to my knowledge, that this plant was granted a permit to build and erect over there, we were in a different type of zone than we are now. Since that plant has come in, the Zoning Board has recommended to the Council, and the Council has changed that zoning law to restrict things that were considered to be heavy industry. So they have done some changes in that respect. To up and say "kick them out," I would hate to see that happen. I think Glenda hit it, we all need businesses in town. But I think if we can work together, if we can sit down with the committee and work out some of these problems, pa e 6 Minutes of the City Council of Laurel perhaps we can see down the road that everything will be better for all of us. I See two hazard~ every day and so do you. One of the biggest ones is on the ~other end, Cenex Refinery. If those tanks start blowing, Lord knows what part could be left. Another one, and many of you work for it, that's the railroad. It goes through day in and day out hauling l~quid propane. I am not a chemist so I don't know the components Of liquid propane versus naphtha. But I have been told by people who work in that area they will label liquid propane as volatile and dangerous as naphtha, t think we have a very touchy situation and I feel sorry for everyone of you who live over there. I no longer live there, but I used to live by the South School. I think if we can work together, and the Mayor has appointed a committee. He has made this committee and said let us sit down and work out some of these problems. Let's see what can happen and be worked out. We know that 3 months down the road they are probably going to be closing the plant down for the winter and, hopefully if there are changes to be made, the major changes ran be made at that time. We have to realize that Asphalt. Supply has come in and have invested a 10t Of money. Like you people have invested money in buying your homes. All of us have. We look at that as jobs. I think Mr. Fletcher says we buy a lot of material from the refinery. Well that puts 2 or B more people to work at the refinery because of that, perhaps, position. I don't know, but I do know we have to work together. The Mayor has not put a time limit on this committee, and hopefully he will set a time limit, so these people will.meet and will iron out all these problems. Maybe at the end the City will have to come up with some kind of sharing costs or something to help transfer Asphalt Supply to another location. I don~t know. Albert Ehrlick asked Grace Edwards if she wanted to serve on the committee. Grace Edwards No, thank you. I came to_listen. I have been in contact with the Air Pollution office. I have come over, visited and looked at the neighbor- hood and saw what there is to go on and I just hope now that your committee will come to a resolution. I Said about what I had ~o say the other night when I was over at the Planning Board meeting. They are also aware of how I feel. I hope it can be resolved here and that it does not have to go to litigation. I will be following it very closely. Carol Wood Marvin Carter stated that they.would be rioting for the winter. I don't know when they close, but in February is when they had that first explosion. I don't know if they were operating then. I am sure they were. Ross Kaufman I would like to direct one question to Marvin Carter, too. How would you like to go to bed every night and wonder when you are going to blow up? Let's get going on this. Marvin Carter There is no guarantee on life. We can't see beyond our nose. AdelineS¢~reiner Even if the plant is allowed to stay here, the value of our h'omes goes down. Comment from the audience~ Mr. Carter was talking about something about the refinery being close and being a hazsr~. This asphalt plant is just adding another hazard. If they keep doing it, it will just add the chan~es of us getting blown up over there. The Mayor commented that the committee will meet within the week. Henry Gomer I was here last year and I asked the City Council why they let this plant in and I didn't get an answer, and I am still waiting for that answer. Seems like the south side, anything we want over there, we have to make a lot of noise. I think ou~ Mayor lives over there and he can say the same thing. Comment from the audience Mr~ Carter is right. The refinery is a hazard and 'so is the railroad. But we ~ave lived in this house for 15 years and ~h~ r~finery, as I know of, ha~ had only one explosion. I ha~e not heard anything about the railroad.~ But since February there has been 2 accidents - 1 explo- sion and 1 fire at that asphalt plant. The Mayor called for a short recess. PUBLIC HEARING - FRANK ETAL ZONE CHA~GE: .City-County Planning Board recommends approval. This being the time and place advertised, a public hearing was held. Proponents: Gordon Frank~ BO7 Durland We have proposed a zone chang~ on Magnus Subdivision in Blocks 1, 2.and 3, from residential to residential multi-~mily. Mr. Frank described the area in question to the City Council. Some of this property is in the City limits and a part of it ~ not. There appears to be sufficient land to qualify for annexatio~ at a later date (minimum of one block). Opponents: none Alan Crowe questioned Mr. Frank about traffic ~ontrol. Cai Cumin commented that the Planning Board held a public hearing, and they had some protestors concerned about transportation. page 7 Minutes of the City Council of Laurel The Planning Board did recommend to the Council that the zone change be granted. This is an area that is kind of in a transition part of the community. It's on a major arterial street where you want your high density type of traffic. The question the Police Chief had on how you access the building is a valid question, but not for a zoning meeting. If you have a problem maybe you should institute some type of ordinance to require some other type of access. But that is not part of the zoning issue at this time. Motion by Alderman Carter to Close, the-public hea~ing, seconded by Alderman Brennan. Motion carried 5--0. Joe Bradley commented that there does not appear to be a valid protest here. ORDINANCE NO. 813 (first reading) DESIGNATING RMF ZONE AND CHANGING THE LAUREL ZONING MAP Motion by Alderman Carter that Ordinance No. 813 (first reading) be passed and adopted, seconded by Alderman Brennan. Upon a roll call vote, all aldermen present voted, "YES." Motion carried 5--0. Gordon Frank was advised to attend the next Council meeting because the ordinance has to pass a second reading. PUBLIC HEARING - FIGGINS ZONE CHANGE: City-County Planning Board recommends that the petition for a zone designation of RMH be granted pending approval of a final plat within three years. This being the time and place advertised, a public hearing was held. Joe Bradley pointed out that we do have a valid protest against this and that would require to.pass the Council by 6.votes. We don't have 6 aldermen here. So you go ahead and hold the public hearing but I think any action should be tabled until you have a full Council. Proponents: George Figgins read a letter he had written to the Council dated July ii, 1985. (copy put in file PB #85-05). He also presented a map of the area. Discussed a new water line he had put in. Leroy Zuck, Engineer for the project, addressed the flooding and traffic plan. Jerry Jones, owner of Premier Homes in Billings and also affiliated with Mobile Home Market Place in Billings, commented of the tight situation and the need for parking places. Willard Hutsell presented a petition with names in favor of the zone change. Harold Ingram and Patsy Hutsell also spoke in favor of the zone change. Opponents: Mary Thompson presented a petition with names against the zone change. I am against the zone change.because of the traffic and trailers being placed over my water line. They have turned down a trailer court southeast (Pine Grove} because of the school system not having any more room. I can't figure out why they would let this go through. I question the police protection out there and also I would like to know what's going to become of the drain ditch out there. I am also concerned who is going to pay for the water and sewer line. Tom Thompson was concerned about the drainage in the area. Laura Van Buren I don't think it will do me any good to say I am opposed because you have already given consent according to the Laurel paper. I wonder where they are going to put the sewer. It had better be on their side. I don't want it through my place. Joe Bradley stated it is not true that it has already been approved. That's what this meeting is for. The City-County Planning Board met and recommended that it be approved~ but they haven't approved it yet. George Figgins presented rebuttals to the comments against the zone change. There will be an easement for the water line and covenants Will be filed to aid in police protection. Tom Thompson was concerned about the placement of a water line. George Figgins stated he has not made any final decision on that as yet. Motion by Alderman Carter to close the public hearing, seconded by Alder- man Brennan. Motion carried 5--0. Motion by Alderman Carter to table any action on this until next Council meeting, seconded by Alderman Harris. Motion carried 5--0. ALLEN LEES: not present DAVID LOEWEN - NOTICE OF INTENT TO ANNEX: Mr. Loewen explained why he wants to annex this small portion of land. page 8 Minutes of the City Council of Laurel Joe Bradley stated that this is just a matter of adding onto his lot. There is no requirement that the City-County Planning Board have a public hearing on this. The only requirement is that the Council have one. To expedite matters for Mr. Loewen, if we could waive the City-C6unty Planning Board's hearing we could consider it at the next board meeting; but in the mean time we could be advertising for the Council's public hearing. Motion by Alderman Kellogg to refer this matter to the City-County Plan- ning Board for their opinion and to waive any public hearing of the Planning Board~ seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2142 NOTICE OF INTENT TO ANNEX CERTAIN LANDS CONTIGUOUS TO THE CITY OF LAUREL, MONTANA. Motion by Alderman Kellogg that Resolution No. 2148 be passed and adopted, seconded by Alderman Carter, Motion carried 5--0. TAPING OF MINUTES: The City does not have a written policy regarding the taping of minutes of Council proceedings. The Clerk has had conversations with members of the Clerk's Association regarding taping and how long these tapes are retained. The City Clerk, along with the City Attorney, presented the following resolution: RESOLUTION NO. 2144 REQUIRING THE CITY CLERK TO TAPE ALL CITY COUNCIL MEETINGS FOR AID IN PREPARATION OF THE MINUTES AND TO RETAIN EACH TAPE FOR THE NEXT TWO REGULAR COUNCIL MEETINGS. Discussion. ~otion by Alderman Brennan that Resolution No. 2144 be passed and adopted, seconded by Alderman''Harris. Motion carried 4--1 with Alderman Kellogg voting, "NO." BUDGET TRANSFERS: A resolution was presented regarding budget transfers for ~fiscal year ending June BO, 1985. RESOLUTION NO. 2145 BEING A RESOLUTION AUTHORIZING BUDGET TRANSFERS OR REVISIONS. Motion by Alderman Gauthier that Resolution No. 2145 be passed and adopted, seconded by Alderman Bre'nnan. Motion carried 5--0. 1985--86 PRELIMINARY BUDGET AND TAX RESOLUTIONS: Preliminary Budget Bob~Gauthier commented that we do have a few changes, but they will be presented at the public hearing on August 7th. Motion by Alderman Gauthier to approve the preliminary budget for 1985--86 as presented, seconded by Alderman Brennan. Motion carried 5--0. Tax Resolutions RESOLUTION NO. 2146 BEING A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSES FOR THE CITY OF LAUREL~ MONTANA, FOR THE FISCAL YEAR BEGINNING JULY 1, 1985. Motion by Alderman Harris that Resolution No. 2146 be passed and adopted, seconded by Alderman Brennan. Motion carried 5--0. RESOLUTION NO. 2147 BEING A RESOLUTION LEVYING AND ~SSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY DESIGNATED AS GAPEAGE DISTRICTS IN THE CITY OF LAUREL, FOR THE REMOVAL OF GARBAGE AND REFUSE. Motion by Alderman Brennan that Resolution No[ 2147 be passed and adopted, seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2148 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY AS DESIGNATED IN THE CITY OF LAUREL, FOR THE REMOVAL OF NOXIOUS WEEDS. Motion by Alderman Harris that Resolution No. 2148 be passed and adopted, secon'de'd by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2149 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL, FOR WATER METER AND CURBBOX REPAIR. 9 Minutes of the City COuncil of Laurel Motion by Alderman Harris that Resolution No. 2169 be passed and adopted, econded by Alderman Brennan. Motion carried 5--0. RESOLUTION NO. 2150 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN STREET SWEEPING DISTRICT NO. 1, OF THE CITY OF LAUREL, MONTANA, FOR THE PURPOSE OF THE SWEEPING OF STREETS IN THE DOWNTOWN OR BUS~NESS DISTRICT. Motion by Alderman Brennan that Resolution No. 2150 be seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2151 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHT NO. 2, OF THE CITY OF LAUREL, MONTANA, WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE YEAR, 1985. Motion by Alderman K~llogg that Resolution No. seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2152 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 96 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Harris that Resolution No. 2152 be passed and adopted~ seconded by Alderman Brennan. Motion carried 5--0. passed and adopted, 2151 be passed and adopted, and adopted, and adopted, passed and adopted, RESOLUTION NO. 215B A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 95 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Brennan that Resolution No. 2153 be passed seconded by Alderman Kellogg. Motion carried 5--0. RESOLUTION NO. 2156 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 96 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Kellogg that Resolution No. 2156 be passed seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2155 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 97 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Brennan that Resolution No. 2155 be seconded by Alderman Kellogg. Motion carried 5--0. RESOLUTION NO. 2156 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 98 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF CURB, GUTTER, PAVING, SIDEWALK, SANITARY SEWER AND WATER IN NUTTING BROS. SUBDIVISION. Motion by Alderman Kellogg that Resolution No. 2156 be seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2157 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 100 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Harris that Resolution No. 2157 be seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2158 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 101 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Brennan that Resolution No. seconded bF Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2159 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 102 OF THE CITY OF LAUREL, MONTANA. LINE passed and adopted, passed and adopted, 2158 be passed and adopted, pa e IO Minutes of the City Council of Laurel Motion by Alderman Carter that Resolution No. 2159 be passed and adopted, seconded by Alderman Kellogg. Motion carried 5--0. RESOLUTION NO. 2160 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAC IMPROVEMENT DISTRICT NO. lOq OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Gauthier that Resolution No. 2160 be passed and adopted, seconded by Alderman Brennan. Motion carried 5--0. RESOLUTION NO. 2161 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 105 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Carter that Resolution No. 2161 be passed and adopted, seconded by Alderman Brennan. Motion carried 5--0. RESOLUTION NO. 2162 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 106 OF THE CITY OF LAUREL, MONTANA. Motion by Alderman Brennan that Resolution No. 2162 be passed and acopted, seconded by Alderman Carter. Motion carried 5--0. RESOLUTION NO. 2163 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 108 OF THE CITY OF LAUREL, MONTANA. Motion by.Alderman Kellogg~that Resolution No. 216B be passed and adopted, seconded by Alderman Carter. Motion carried 5--0. RECONSIDERATION OF FINAL COUNCIL ACTION: Joe Bradley commented that the last several Council meetings we have been forced to suspend the rules to reconsider the second reading of some zoning ord±nances and I think the Council should not have to suspend the rules. You should be able to re- consider any final action at the next following meeting. Right now we abide by Roberts Rules of Order, which says you can only reconsider at the same meeting the vote was taken. Billings reconsiders at the next meeting and I think most everybody does. It gives you a chance to think about it. Discussion. ORDINANCE NO. 814 (first reading) ADDING SECTION 2.12.095 TO ALLOW THE CITY COUNCIL TO RECONSIDER ITS FINAL ACTION UPON ANY QUESTION AT THE NEXT SUCCEEDING REGULAR COUNCIL MEETING FOLLOWING THE MEETING AT WHICH THE FINAL ACTION WAS TAKEN, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellog~ that Ordinance No. 814 be passed and adopted, seconded by Alderman Carter. Upon taking a roll call vote, all Council members present voted, "YES." Motion carried 5--0. SNOWMOBILE ORDINANCE: Motion by Alderman Carter to table this ordinance until the next regular Council meeting, seconded by Alderman Kellogg. Motion carried GARAGE SALE SIGNS ORDINANCE: Motion by Alderman Carter to table this ordinance regular Council meeti'ng, seconded by Alderman Gauthier. SOUTH POND: An ordinance was presented about activities at South Pond. ORDINANCE NO. 815 (first reading) AMENDING SECTION 16.02.020, RESTRICTIONS ON USE OF SOUTH POND, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 815 {first reading) passed and adopted, seconded by Alderman Carter. Upon a roll call vote, all aldermen present voted, "YES," except Alderman Gauthier who voted, "NO." Motion carried q--1. COMMITTEE REPORTS: --Budget/Finance Committee minutes of July 8, 1985, were presented. Motion by Alderma. n Gauthier to enter the Budget/Finance Committee minutes of Ju'ly 8, 1985', into t'he record, seconded by Alderman Brennan. Motion carried 5--0. until the next Motion carried 5--0. be page ll Minutes of the City Council of Laurel a-Grant C:ommittee minutes of June 18 and June 26, 1985, were presented and reviewed. Motion by Alderman Carter to enter the Grant Committee minutes of June 18 and June 26, 1985, into the record, seconded by Alderman Brennan. Motion carried 5--0. -'Park Committee minutes of July 10, 1985, were presented and reviewed. Discussion regarding the restrooms being open at the swimming pool change house during the 4th of July. The committee recommends that they be closed to the public in the future,~due to the big mess left there. Motion by Alderman Brennan to enter the Park Committee minutes of July 10, 1985, into the reco~d~ seqondeld by Alderman Harris. Motion carried 5--0. Motion by Alderman Carter that the restrooms at the swimming pool change buildSng be open on t~e ~'t'~ °~ July, seconded by Alderman Kellogg. Motion .by Alderman Brennan to amend the motion to include providing the sponsoring agency pol'i'c'es it and cleans it, seconded by Alderman Carter. Discussion. Question was called for on the motion to amend. It was defeated 3--2. Question was Called for on the original motion to leave the restrooms open on the 4th of July. Motion oarried 4--1 with Alderman Brennan voting, "NO." ~-Street &'Alley C. ommittee minutes of July 11, 1985, will be presented at the next regular Council meeting. --Public Utilities Committee minutes of July 9, 1985, were presented and reviewed. Motion by Alderman Kellogg to give Dick Franks an adjustment on his water bill in the amount of $27.46 credit, seconded by Alderman Carter. Motion carried 5--0. Discussion regarding a bill the City sent to Lyle Handeland for work done by the City crew. There also was discussion regarding Lyle Handeland building a new house and did not install a water meter. Ernie reported that Mr. Handeland had indieated that the meter would be in last week. As of yesterday we had not heard from him. Jim has eontacted him, and he said he would get it done as soon as possible. Ernie requested permission from the Council to turn the waker off. Motion by Alderman Kellogg to turn Lyle Nandeland's water off, seeonded by Alderman Harris. Motion carried 5--0. More discussion regarding the adjustment of a bill for work done by the City. Motion by Alderman Kellogg to approve the committee's recommendation to adjust Lyle Handeland's bill for work done by the City erew from $541.05 to $357.05, seconded by Alderman Carter. Motion carried 5--0. (Mr. Handeland was not present but he was advised by Lonnie Kellogg that this would come up at tonight's Council meeting.) Discussion regarding increasing the amount for a utilities deposit. This will be discussed further in committee. Motion by Alderman Kellogg to charge off bad debts as presented, seconded by Alderman Carter. Motion carried 5--0. _Motion by Alderman Kellogg to enter the Public Utilities Committee minutes of July 9, 1985, into the record, seconded by Alderman Carter. Motion carried 5--0. COMMENTS FROM THE AUDIENCE: Crazy Days Bob Brenden requested permission to close off tst Street between the corner and Penneys to the alley for Crazy Days retail promotion on July 26th and 27th, just like we have done in the past. Motion by Al.~.erman Carter to grant permission to close West 1st Street between Penneys and the alley on July 26th and 27th, seconded by Alderman Brennan. Motion carried 5--0. Andy Loebe commented about Mr. Handeland not having a meter and felt like it should not take Council approval to shut the water off. Also he commented on the City's policy on equipment rented. COMMENTS FROM THE ALDERMEN & DEPARTMENT HEADS: Ernie Davis mentioned that the Street & Alley Committee Thursday, July 18th, has been cancelled. Jim Flisrand commented on the District. This has been done meeting scheduled for waiving of Street Opening permits for the School in the past through Council motions on an individual : page 12 Minutes of the City Council of Laurel basis, but Joe will draw up a resolution and make this policy. Bill Brennan commented that the Park Committee meeting scheduled for July 2Brd has been cancelled. Dave Michael brought up discussion regarding the use of a fire truck to assist Volk Construction in cleaning out the existing digester. It was the consensus of the Council to cooperate with Volk Construction to expedite the completion of the project. Dave also commented that the existing sludge pump, going to the drying beds is now running. Earl Lin~er brought up discussion regarding the resolution that was passed regarding nobody but City personnel being permitted to ride on City equipment. A number of times the Fire Department is called by the schools that the band kids are coming in Or the track team, basketball team, etc., and would like to have a ride on the fire truck. Earl was requesting some guidelines to follow when they get these requests. This will be looked into further and the resolution reviewed. The Mayor reminded everyone of the Special Council meeting on public hearing on the preliminary budget and tax resolutions. There being no further business to come before the Council at meeting was adjourned at 9:57 Approved by the Mayor and Montana, August 7th, this time~ the P' m~c~ passed by the City Council of the City of Laurel, this 6th day of August, 1985. Donald L. H~ckmann, City Clerk' Al~be~rt Ehrlick, Mayor