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HomeMy WebLinkAboutCity Council Minutes 01.03.1984Minutes of the City Council of Laurel January 3, 1984 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 7:00 p.m., on January 3, 1984. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Chuck Dickerson Marvin Carter Donald Meyers Mel Krug Rob Harris Fred Feuerbacher, III Bob Gauthier COUNCIL MEMBERS ABSENT: none INVOCATION: Invocation given by Paul Peterson. MINUTES: Motion by Alderman Kellogg to approve the minutes of the regular meeting of December 20, 1983, as presented, seconded by Alderman Carter. Carried. CORRESPONDENCE: Received a letter from Governor Ted Schwinden about the 17th Annual Governor's Conference on Disaster Preparedness for Public Officials. It will be held at the Sheraton in Billings on February 15, 1984. Received a copy of a letter from Keefer~ Roybal, Hanson, Stacey & Jarussi regarding an accident at the swimming pool back in June of 1979. The case is closed. Received a copy of Senate Bill No. 2 which was passed at a special session regarding the Veteran's Preference Law. Received a letter from State of Montana regarding coordinated funding for Specialized Transportation. The agreement with the Yellowstone County Air Pollution Control Board was brought up at the De~mber~20~ 1983~ meeting but no action was taken. Motion by Alderman Kellogg to adopt the agreement with the Yellowstone County Air Pollution Board, seconded by Alderman Meyers. Motion carried. CLAIMS: Claims for the month of December, 1983, were reviewed by the Budget/ Finance Committee and recommended for approval. Motion by Alderman Gauthier to approve the claims for the month of December, seconded by Alderman Meyers. Motion carried. DEAN SCHNEIDER - STREETS: Mr. Schneider appeared before the Council to ask why the snow is not being removed from the streets. We pay for it on our taxes. This matter was turned over to the Street & Alley Committee. DICK METZGER - WATER and STREETS: Mr. Metzger appeared before the Council re- garding the water leak on the 400 block of 6th Avenue. It was told to me that they couldn't get a crew out to cover the water leak. I want to know - who do we call in case of an emergency? The Mayor stated this item will be taken care of after the Council meeting in an executive session regarding personnel. One other item that Dick Metzger brought up was the fact that no snow was removed from Main Street and up 1st Avenue. The drain on 1st Avenue was covered with snow and no place for the water to go. It could' have flooded store base- ments or the bank. MORGAN T. HOPKINS - 516 6th Avenue: Mr. Hopkins appeared before the Council to commend the 4 men who did go out and fix the water leak on 6th Avenue. I have pictures that I would like the Council to see and also keep them. page 2 PUBLIC HEARING Minutes of the City Council of Laurel VANNICE LAND USE VARIANCE ON LOT 10~ BLOCK 19~ LAUREL HEIGHTS SUBDIVISION: This being the time and place advertised, a public hearing was held. Proponents: Larry Herman, Attorney for Mrs. Vannice, stated it is the recommendation of the Planning Board that the variance be approved solely for Lot lO, limited to 5 employees, and restricted solely to a real estate sales office. For the Council's information, there have been various non-conforming uses on that piece of property since 1947--48. Non-conforming uses have been a flower shop, book store and a real estate office. That piece of property has been used for other than residential in that period of time. Carol Mayes - A Haus of Realty stated that we have 3 owners, 1 salesperson and a part-time secretary at the present time. Larry Herman said that Mrs. Vannice was present, and if anyone from the Council had any questions to go ahead and ask her. He also had prepared a resolution regarding non-conforming use rather than have a land use variance. Joe Bradley stated for the record on the City-County Planning Board I disqualified myself from voting because I live across the alley from the property involved. I don't see any.problems if the Council wants to do this; but, Larry, I wonder because of the various requests for variances over the years, would Mrs. Vannice be willing to sign an agreement saying that she is waiving any rights to a variance? Larry Herman What we'll just do is withdraw the request for a variance and ask the Council to approve a non-conforming use. Joe Bradley.stated the only problem that I see is there were variances granted 'in the-~. Maybe there shouldn't have been, but there were. Could you sign an agreement? Larry Herman That clarifies what we're saying. What we're doing is establishing the non-conforming use. ~oe Bradley If I draw up an agreement waiving any variance and stating it is a non-conforming use, then what we can do is just incorporate that into the resolu- tion establishing a non-conforming use. Cal Cumin stated the non-conforming use, I think, is better for the City. Opponents: Mrs. Caudillo, 617 2nd Avenue. I live right across the street. When they say that only when there's a limited number of clients, that only makes sense that if you've got X number of employees you're going to have X number of deals made. Furthermore, if any of them had this across the street from them, they would thoroughly object to it, too. What good does it do to go through a Planning Board if they don't.stick to what they say. This has been a headache for many, many years to all the people, not just part of them; and there's been objection. What good does it do to object. You're not even taking the advice of the Plan- ning Board. And that's what was said, and the reasons why, And when they say there is no traffic, "that's a bunch of bull.'! They should live across the street. I sorrowly object to it because we have been lied to and a lot of other things. The City Clerk reported that he has not received any written protests as of this date. A copy of the protests against and the petitions in favor received by the City-County Planning Board were entered into the record. page 3 Minutes of the City Council of Laurel Mrs. Caudillo Mr. Mayor, if there is nothing wrong with this, why do they need a lawyer to present their case? Meda Fadness We have no attorney. Larry Herman is Mrs. Vannice's attorney. Motion by Alderman Carter to close the hearing, seconded by Alderman Meyers. Motion carried. Public hearing closed. At this time~ Resolution No. 2044 was introduced. RESOLUTION NO. 2044 RESOLUTION GRANTING A NON-CONFORMING USE Motion by Alderman Carter that Resolution No. 2044 be passed and adopted, seconded by Alderman Meyers. Motion carried 7--1 with Alderman Gauthier voting, "NO." ORDINANCE NO. 763 (second reading) REPEALING OLD VOLUNTEER AMBULANCE SERVICE ORDINANCE Motion by Alderman Kellogg that Ordinance No. 763 (second reading) be passed and adopted, seconded by Alderman Feuerbacher. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. ?64 (second reading) CREATING A VOLUNTEER AMBULANCE SERVICE FOR THE CITY OF LAUREL. Motion by Alderman Feuerbacher that Ordinance No. 764 (second reading) be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. APPOINTMENTS: Mayor Ehrlick appointed Mike Atkinson as Captain and Alan Crowe as Chief of Polio. They both have served their one year of probation. Motion by Alderman Carter to approve the Mayor's appointments, seconded by Alderman Meyers. Motion carried 7--1 with Alderman Krug voting, "NO." Alderman Carter stated he feels we should have a liason officer from the Council to serve on the Planning Board. Marvin Carter was appointed. Committee Appointments: Motion b~ Alderman Kellogg to adopt the committees as presented which includes Joe Bradley, City Attorney~ for two years, seconded by Alderman Meyers. Motion carried. COUNCIL ELECT PRESIDENT & VICE PRESIDENT: Alderman Carter nominated Don Meyers for President of the Council, seconded by Alderman Feuerbacher. Alderman Krug nominated Bob Gauthier as President of the Council~ seconded by Alderman Dickerson. A vote was taken for President with Don Meyers receiving 5 votes and Alderman Gauthier 3 votes. Alderman Carter nominated Lonnie Kellogg as Vice-President of the Council, seconded by Alderman Meyers. Alderman Krug nominated Bob Gauthier as Vice-President also, seconded by Alderman Dickerson. A vote was taken for Vice-President with Lonnie Kellogg receiving 5 votes and Alderman Gauthier 3 votes. page 4 Minutes of the City Council of Laurel COMMITTEE REPORTS: Street & Alley Committee minutes of December 28, 1983, were presented and reviewed. Time slips were discussed. The committee would like the men to explain a little more in description what they do in maintenance. One of the problems is if someone turns in a time slip for 2 hrs. repairing fence and charge it to street, this labor goes to State Gas Tax. WE feel this money should be put into the streets. We would like to conserve all the State Gas Tax money we have. The committee feels this would be proper use of the money. Motion by Alderman Feuerbacher to approve and enter into the record the Street & Alley Committee minutes of December 28, 1983, seconded by Alderman Carter. Motion carried. Park Committee minutes of December 27, 1983, were presented and reviewed. Motion by Alderman Feuerbacher to enter into the record the Park Committee minutes of December 27, 1983, seconded by Alderman Harris. Motion carried. Garbage Committee minutes of special meeting December 12, 1983, and regular meeting of December 1~ 1983,. were presented and reviewed. Motion by Alderman Carter to approve and enter into the record the Garbage Committee minutes of December 12, 1983, and December 19, 1983, seconded by Alderman Meyers. Motion carried 7--1 with Alderman Gauthier voting, "NO." Budget/Finance Committee minutes of December 19, 1983, were presented and reviewed. Motion by Alderman Gauthier to enter into the record the Budget/Finance Committee minutes of December 19~ 1983, seconded by Alderman Feuerbacher. Motion carried. Joe Bradley, City Attorney, presented the following ordinances: ORDINANCE NO. 765 (first reading). AMENDING SECTION 17.32.010, DELETING PAVING MATERIALS FROM LI (LIGHT INDUSTRIAL) ZONE. Motion by Alderman Kellogg that Ordinance No. 765 (first reading) be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, all aldermen present voted, "YES," with Alderman Carter voting, "NO." Motion carried 7--1. ORDINANCE NO. 766 (first reading) AMENDING SECTION 17.32.010, TO ALLOW HEAVY MANUFACTURING OR BLENDING OR MIXING PLANTS NOT OTHERWISE MENTIONED IN HI (HEAVY INDUSTRIAL) ZONE UNDER SPECIAL REVIEW ONLY. Motion by Alderman Kellogg that Ordinance No. 766 {first reading) be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted, "YES," with Alderman Carter voting, "NO." Motion carried 7--1. The City Treasurer requested transferring of funds up to the amount of $16,800.00 for S.I.D. #100. RESOLUTION NO. 2045 RESOLUTION NO. 2045 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA. page 5 Minutes of the City Council of Laurel Motion by Alderman Carter that Resolution No. 2045 be passed and adopted, seconded by Alderman Meyers. Motion carried. Larry Peterson reported on the wastewater treatment plant. Due to the weather, the construction is basically shut down right now. For the new Council members, a person from HKM will report monthly at the Council meeting of the progress being made at the wastewater treatment plant. Dave Michael reported on the security fence at the construction site. There is a person from Volk Construction living down there at all times. Dave also reported on the accident about a month ago at the sewer plant. Most of the bills have been received, and it looks like it comes to around $4,000 for cleanup costs. The fire Thursday night at the sewer plant did not do any damage to the plant itself, only phone wires. Lonnie Kellogg had a question on the just approved claims. Why were two light bulbs installed at the coin meter pit? Larry Peterson explained the reason. The other question is why did we approve a claim for a school for dispatchers? The reason being, the dispatcher is a Reserve officer. Normally we don't pay to send to out of town schools, but this was held in Laurel. Chuck Dickerson asked where do we stand on the claim turned into the City by Don Miller? Alderman Feuerbacher reported that the Insurance Committee will be meeting on January 5, 1984, to discuss this and report back. Fred Feuerbacher regarding the towing charge on Christmas Eve for Car #2. Again, Alan, I would like to emphasize.maybe, like with the City crew, when they are towed we would like to know what vehicle, what timed et~, because sometimes our mechanic if it's during the day - could come and start that vehicle and save the City some towing charges. Duane Bjerke, mechanic stated that the reason for the towing charge is that the crew was busy on a water leak Christmas Eve and I had no help to tow it. There being no further business to come before the Council at this time, the meeting was adjourned at 8:18 p.m. ~-6-~ L. Hackmann, City 1~ Approved by the Mayor and passed by the City Council of the City of Laurel, Montana~ this 17th day of January, 1984.