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HomeMy WebLinkAboutCity Council Minutes 05.17.1983 Minutes of the City Council of Laurel May 17, 1983 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 7:05 p.m., on May 17, 198B. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Marvin Carter Duane Behm COUNCIL MEMBERS ABSENT: Fred Feuerbacher III Bill Brennan Susan Carter Rob Harris Bob Gauthier (late) INVOCATION: Invocation given by Reverend Holt. MINUTES: Motion by Alderman Behm to approve the minutes of the regular meeting of May 3, 1983~ as presented, seconded by Alderman Kellogg. Carried. Rob Harris commented that Earl Linger will be representing the Fire Department at the Council meetings for the next several weeks while Darrell McGillen is out on his business. CORRESPONDENCE: Received a letter from the Department of Highways regarding the State Gas Tax allocation for 1983-84. Received a letter regarding a District 11, Montana League of Cities & Towns meeting to be held on Monday, May 23, 1983, 1:30 p.m. to 4:00 p.m., in the Billings Parmly Library. Received a letter from K-Decorators, Inc., regarding work on the reservoir. Larry commented that the Contractor has ordered 100 gallons more product since he has written to him pointing out that he was a hundred and some gallons short of the required amount. The product did arrive Monday, but as yet there has been no sandblasting done. Received the minutes and April report from the Air Pollution Control of£ice. Received a letter from the Department of Natural Resources and Conservation advising the City of Laurel on the grant for Laurel ditch lining project. Received a notice from the Yellowstone County Interlocal Cooperation Com- mission stating that they would not be meeting again until some decisions are reached on related issues. CITY CLERK and CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's Financial Statement for April, 1983, was presented for review and approval. Motion by Alderman Behm to accept the City Clerk's and City Treasurer's Financial Statements as presented, seconded by Alderman Marvin Carter. Motion carried. PUBLIC HEARING JEHOVAH'S WITNESSES SPECIAL REVIEW: This being the time and place advertised, a.public hearing was held. Proponent Gary Ebbighausen, who is on the church's building committee, commented that they want to build a new Kingdom Hall over on 4th Street (next door to 911 ~th Street West - Trace Lane). Joe Bradley informed the Council that the reason this comes before the City Council is that the way the property is zoned now, before you can build any church there, it has to be considered by the Planning Board and the City Council. Churches are not automatically allowed under this zoning, but allowed under the Special Review process~ page 2 Minutes of the CitY Council of Laurel The City-County Planning Board has recommended approval pending permits and resolving problems with the City. The problems regarding sewer service, water hookup, etc., can be addressed at the time of issuing building permits. Opponents No opponents present. No letters of protest have been received by the City Clerk. Discussion. Motion by Alderman Behm to concur with the City-County Planning Board and accept their recommendation of approval~ seconded by Alderwoman Sue Carter. Motion carried. PUBLIC HEARING - MARTIN ETAL ZONE CHANGE DESIGNATION OF RP ON LOTS 7--15~ BLOCK 21, LAUREL REALTY, 2nd SUBDIVISION (ENTIRE HALF BLOCK FACING 1ST AVENUE): This being the time and place advertised, a public hearing was held. Proponents Jack Martin asked for a zone change for the half block facing 1st Avenue between 5th and 6th Streets. The property that Mr. Martin owns is 519 1st Avenue. He is in the process of negotiating with Dr. Wheeler who would like to build a dental clinic. There would be ample space for off-street parking. At the time Mr. Martin applied for the zone change of R6000 to RP he wasn't aware and wasn't told by the City the fact that you are supposed to do this in a one-block area. It was set up and accepted on the basis of a half block, and Mr. Martin stated that he feels a whole block is unreasonable. Mr. Martin commented that the half block where the Hanson Health Center, Hoklin Clinic, and the Medical Center is already zoned Residential.Professional, so he feels the precedent has already been established. It was mentioned that this was done prior to adopting the current zoning ordinance. Opponents No opponents present. No letters of protest received by the City Clerk. Discussion. Joe Bradley said that our ordinances right now say that the Residential Professional zone must have a minimum area of a little more than 2 acres, which is one block, and he is asking for just a half block. So the Planning Board thought to just grant it would violate an ordinance. If you are going to grant this, you will have to amend the ordinance. The Planning Board just looked at the ordinance and on the recommendation of the planning advisors saw.that it was not permitted, and for that reason they denied the request for a zone change. Discussion regarding amending the ordinance, and also getting the rest of the block included in the zone change so that a whole block could be changed to comply with the current ordinance. A variance was mentioned and Cal Cumin stated that you can not give a variance for land use. You can do it for a setback~ yard size, etc., but when you deal with land use, you need a zone change. Motion by Alderman Behm to deny the request as recommended by City-County Planning Board and not to amend the ordinance, seconded by Aide,woman Sue Carter. Motion carried 5--1 with Alderman Harris voting, "NO." Alderman Gauthier arrived for the Council meeting. page 2 Minutes of the CitY Council of Laurel Motion by Alderman Marvin Carter that if Jack Martin wishes to reapply, no fee be charged on the next application, seconded by Alderman Harris. Motion carried. JOHN CHURCH - AMBULANCE STAFF WAGE PROPOSAL: John Church presented a new wage increase proposal. John is asking for an $82.00 per month increase for the Director of Ambulance, $45.00 per month increase for Assistant Director, and an increase of 70~ per 8-hro shift for attendants. Presently, all ambulance crew receive $5.00 per monthly meeting, no increase is asked for that. Diseussion regarding how much money the Director receives a month plus getting paid for the shifts put in, and how many hours the Director and Assistant Director put in during a week. Motion by Alderwoman Sue Carter to support the ambulanee wage increase, seconded by Aiderman Harris. Upon taking a roll.call vote, the motion was defeated 4--2, with Aldermen Brennan, Gauthier, and Sue Carter voting, "YES," and Aldermen Kellogg, Harris, Marvin Carter, and Behm voting, "NO." At this time, two letters of resignation were received: one from John Church, Director of the Ambulance and from Denise Hust~ Assistant Director. Motion by Alderman Behm, second from Alderman Brennan, that the Director of the Ambulance receive $125 ~' ' .00, Assistant Director to receive $110.00~°'each 8-hr. shift receive $10.70, each monthly meeting $5.00, and standby time of $7.50 per hour. Motion carried 6--1 with Alderwoman Sue Carter voting, "NO." Motion by Alderman Kellogg that we accept the resignation of John Church as Director and Denise Hust as Assistant Director of the Ambulance, seconded by Alderman Behm. Motion earri~d 5--2 with Alderwoman Sue Carter and Alderman Gauthier voting, "NO." Alderwoman Sue Carter was granted permission to advertise for an Ambulance Director. Joe Bradley presented ordinances regarding bonfires: ORDINANCE NO. 7B8 {lst reading) ADDING SECTION 15.56.035, BONFIRES PROHIBITED, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 728 be passed at the first reading, seconded by Alderman Marvin Carter. Upon taking roll call vote, all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 739 (lst reading) AMENDING SECTION 9.08.010, BONFIRES PROHIBITED, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 739 be passed at the first reading, seconded by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 7--0. COMMITTEE REPORTS: License Committee minutes of May 12, 1983, were presented and reviewed. Motion by Alderman Brennan to approve a business license for Eugene W. Gabel dba Gabel Auction Company, seconded by Alderman Behm. Motion carried 7--0. Motion by Alderman Brennan to approve a business license for Velda Thomas dba Ye Olde Curiosity Shoppe~ seconded by Alderwoman Sue Carter. Motion carried 7--0. page Minutes of the City Council of Laurel Motion by Alderman Brennan to approve a business license for S. Y. Lam, E. K. Tam, and K. Y. Cheng dba Happy Garden Restaurant providing they put in a grease trap, seconded by Alderwoman Sue Carter. Motion carried 7--0. Motion by Alderman Kellogg to approve a business license for Delores Stabio dba Frostee Ice Cream, seconded by Alderman Marvin Carter. Motion carried 7--0. Motion by Alderman Brennan to accept and enter into the record the License Committee minutes of May 12, 1983, seconded by Alderman Kellogg. Motion carried. Fublic Utilities Committee minutes of April 19, 1983, were presented and reviewed. Motion b Alderman Kellogg to accept and enter into the record the Public Utilit--~ ~ommittee minutes of April 19, 1983~ seconded by Alderman Harris. Motion carried. Public Utilities Committee minutes of May 10, 1983~ were presented and reviewed. Motion by Alderma__qn ~ellogg to accept and approve the Public Utilities Committee minutes of May 10, 1983, seconded by Alderman Harris. Motion carried. Insurance Committee minutes of May 10, 1983, were presented and reviewed. Motion by Alderman Gauthier to accept and continue with our.current Blue Cross policy, seconded ~-~-Alderwoman Sue Carter. Motion carried. Motion by Alderman Gauthier to accept and approve the Insurance Committee minutes of May 10, 1983, seconded by Alderman Kellogg. Motion carried. Garbage Committee minutes of May 10, 1983, were presented and reviewed. Discussion on hard hats. Motion by Alderman Marvin Carter to accept and enter into the record the Garbag~Committee minutes of May 10, 1983, everything except the wearing Of hard hats and the new hours at the Landfill, seconded by Alderman Kellogg. Motion carried. Budget/Finance Committee minutes of May 4, 1983, and May 9, 1983, were presented and reviewed. Motion b Aldermaq Behm to accept and approve the Budget/Finance Committee minut~-~ of May 4th and ~, 1983~ seconded by Alderman Gauthier. Motion carried. RESOLUTION NO. 1983 BEING A RESOLUTION AUTHORIZING BUDGET TRANSFERS OR REVISIONS. Motion by Alderman Behm that Resolution No. 1983 be passed and adopted, seconded ~ Alde~-~ut-~r. Motion carried. Alderman Behm stated the next Budget/Finance meeting will be Wednesday, May 25, 1983. Police Committee minutes of May 9~ 1983, were presented and reviewed. Motion by Alderman Brennan to accept and approve the Police Committee minutes of May 9, 19~, seconded by Alderman Kellogg. Motion carried. page 5 Minutes of the City Council of Laurel Park Committee minutes of May 7, 19B3, were presented and reviewed. Motion by Alderman Narris to accept and approve the Park Committee minutes of May 7, 19B3, seconded by Alderman Marvin Carter. Motion carried. Fire Committee minutes of April 26, 1983~ were presented and reviewed. Motion by Alderman Marvin Carter to accept and approve the Fire Committee minutes of April 26, 1983~ seconded by Alderman Brennan. Motion carried. ORDINANCE NO. 740 (lst reading) ADDING SECTION 18.76.020~ ESTABLISHING AN ANNEXATION PLAN, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Marvin Carter that Ordinance No. 740 be passed at the first reading, seconded by Alderman Brennan. Upon taking roll call vote, all aldermen present voted, "YES." Motion carried. City-County Planning Board minutes of May 12, 19B3, were presented and reviewed. Home occupations were discussed for several businesses. Motion by Alderman Marvin Carter to approve a City license for Mike Rolison dba RAM Enterprises and 'Robert J. Ket'tenring dba Ten-Ring Enterprises, seconded by Alderman Brennan. Motion carried 6--1 with Alderman Gauthier voting, "NO." Alderman Marvin Carter asked that Roger Odom'dba Odom Investigations be delayed and discussed in an executive session. Motion by Alderman Marvin~Carter to accept and enter into the record the City-County Planning Board mi'nutes of May 12, 1983, seconded by Alderman Kellogg. Motion carried. Motion by Alderman Marvin.Carter to make a budget transfer in the amount of $11,500.00 from trucks to garbage containers~ seconded by Alderman Kellogg. Motion carried. Motion by Alderweman Sue Carter to allow the City crew to dispose of old equipment and scrap iron, to haul it to Billings to Pacific Hide and Fur, seconded by Alderman Marvin Carter. Motion carried. AMBULANCE: Discussion. Motion by Alderman Marvin Carter that we give the Ambulance Committee interim power until a Director is hired, seconded by Alderman Brennan. Motion carried. CERTIFICATION TESTS: Dave Michael appeared before the Council to inform them that he received.word back from Helena from State Board of Certification of Water and Wastewater Operators that Phil Curry has passed the Distribution test, Bob Mann has passed the Wastewater Treatment Plant test and certification and that Henry Carey has passed the Water Plant Treatment certification. MAYOR'S COMMENTS: ~Mayor Ehrlick received word that Ollie Mae was up on the Library Board. Motion by Alderman Marvin Carter to reappoint Ollie Gass Board, seconded by Alderman Kellogg. Motion carried. Earl Linger questioned Mayor advised Earl that the If fire occurs at dump, Gass's appointment to the Library fire calls outside City limits and areas. The Chief could make that decision, the Mayor will direct the order to fight the fire. page 6 that Minutes of the City Council of Laurel The Fire Department wishes to invite anyone to view the new fire trucks will be here in June during· the convention. Aldermen Behm and Gauthier asked permission to leave the State. Motion by Alderman Marvin Carter to grant permission for Duane Behm and Bob Gauthier to leave the State, seconded by Alderwoman Sue Carter. Motion carried. VILLAGE SUBDIVISION: Alderman Behm asked permission of the Council to have Larry Peterson write a letter to the County Commissioners about doing some- thing about the Yard Office Road. Motion by Alderman Marvin Carter to grant Larry permission to write a letter to the County Commissioners~ seconded by Alderman Kellogg. Motion carried. L. D. Collins appeared before the Council with a letter from Yellowstone County Air Pollution Control Board. There being no further business to come before the Council at this time, the meeting was adjourned at 10:15 p.m.~~ Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 7th day of June, 1983.