Loading...
HomeMy WebLinkAboutCity Council Minutes 06.07.1983Minutes of the City Council of Laurel June 7, 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 7:02 p.m., on June 7, 1983. COUNCIL MEMBERS PRESENT: Marvin Carter Fred Feuerbacher,III Lonnie Kellogg Duane Behm COUNCIL MEMBERS ABSENT: Bill Brennan Susan Carter Rob Harris Bob Gauthier INVOCATION: Invocation given by Reverend Wilhelm. MINUTES: Motion by Alderman Brennan to approve the minutes of the regular meeting of May 17, 198B, and the special meeting of May 31, 1983, as presented, seconded by Alderman Feuerbacher. Carried. CORRESPONDENCE: Received a letter from High Ditch Company regarding run-off water. It was mentioned that the Subdivision Regulations addresses this problem. Received a letter from Gary Ebbighausen, Chairman of the Building Com- mittee, of Jehovah's Witness Church, requesting that the building permit fee be waived on their new Kingdom Hall. Motion by Alderwoman Sue Carter to waive the building permit fee for the Jehovah!s Witness new Kingdom Hall, seconded by Alderman Marvin Carter. Motion carried. Received a letter from Department of Highways regarding Laurel Main Street lane striping. Received a letter from the Yellowstone County Treasurer recommending that we proceed cautiously with expenditures for the remainder of this fiscal year because of Senate Bill #384 {Motor Vehicle tax). Received the minutes of the May 4, 1983, meeting of the Interlocal Coop- eration Commission. Received a notice from Lt. Governor George Turman regarding estimated distributions on the local government Block Grant program. Received a letter from AFSCME Local #316 regarding a picnic this summer. Discussion regarding working with ~he Union on having a picnic sometime after July Ist. Motion by Alderwoman Sue Carter to help the Union with a picnic sometime after July 1, 1983, seconded by Alderman Brennan. Motion carried. The City Clerk distributed a copy of the preliminary budget for 1983-84. CLAIMS: Statement of Items Released for Payment for the month of May, 1983, was presented for review and approval. Motion by Alderwoman Sue Carter to approve the claims as presented, seconded by Alderman Feuerbacher. Motion carried. BID OPENING - STREET MATERIALS~ LI©UID ASPHALT~ AND GAS/OIL/DIESEL: This being the time and place advertised all bids received were opened and read aloud. page 2 Street Material as follows: 2500 Cu. 2500 cu. 2000 cu. 600 cu. Minutes of the City Council of Laurel One bid was received from William Krug & Sons Sand & Gravel yds. 1/2" road material $5.25 per yd. yds. 3/4" road material $5.00 per yd. yds. 3/8" chips at our pit $4 per yd. yds. 3" minus pit run $5.00 per yd. Total bid Bid bond attached: check in the amount of $37662.50 Motion by Alderman Marvin Carter to award the bid for $13,125.00 12,500.00 8,000.00 3,000.00 $36,625.00 street materials to William Krug & Sons Sand & Gravel, carried. Liquid Asphalt Materials One bid was recelved from Cenex as Emulsions (CSS-1, CRS) $180.O0/Ton fob Laurel; MT. CMS-2 or CMS-2SR 190.O0/Ton fob Laurel, MT. Cutbacks {MC or RC) 250.O0/Ton fob Laurel, MT. Motion by Alderman Marvin Carter to accept the bid from Cenex for liquid asphalt, seconded by Alderman Feuerbacher. Motion Carried. Gas/Oil/Diesel seconded by Alderman B~ennan. Motion follows: Bids were received as follows: Laurel Conoco Laurel Coop Bulk $1.005 gal. .875 gal. $3.31 gal. $1.05 gal. · 95 gal. $4.34 gal. Automotive & Industrial Distributors $3.30 gal. $3.50 gal. regular gas diesel 15W-40 oil 10W-40 discount if paid by the 10th -0- The bids were referred to the Street make a recommendation at the next Laurel Servicenter $1.036 gal. .908 gal. $3.45 gal. 2% -o- 25 & Alley Committee for review and to City Council meeting. OR DEMOLISH A HOUSE AND A GARAGE AT THE WASTEWATER TREAT- BID OPENING TO REMOVE MENT PLANT: This being the opened and read aloud: Gorvan M. LeDuc time and place advertised, all bids received were Lord's Recreation Richard A.Duane Mike & Excavating Wilson Behm Willis & Chet Burroughs demolition of house & garage -0- $400.00 $1,500.00 $650.00 sale and removal of house -0- -0- -0- $27050.00 -0- sale and removal of garage $153.00 -0- -0- 50.00 -0- Motion by Alderman Brennan to award the bid for sale and removal of the house to A. Duane Behm in the amount of $2,050.00, and the sale and removal of the garage to Gorvan M. LeDuc in the amount of $153.00, seconded by Alderman Marvin Carter. Motion carried. pa e 3 Minutes of the City Council of Laurel JOE BRADLEY: Reported on grease traps~ A & W has installed their traps but Little Big Man Pizza and Taco Johns have not installed theirs yet. Apparently their argument is that other places in town don't have them, so why should they? Several letters have been written to them and also they have attended committee meetings, so the next step would be to prosecute them for violation of the building codes. It's always a little uncomfortable suing businessmen in town. Discussion. Curt Riemann, Little Big Men Pizza, was present and commented that he has never said that be will not put one in, but he would like a year's extension. He does not have any grills~ french fryers, chicken cookers~ and all of his pepperoni and sausage is precooked. He is working on an addition and trying to get a patio set up for this summer, and hopefully next summer put a building on it. I want to do it bigger and better than what the Council was asking and the codes require. He wants to put in an.underground grease trap in like a septic tank so it's pumped out once a year rather than investing $700, $800 or $1,000 into a grease trap under the sink, then when the addition is put on it won't be of any use any more. He said he believes that he does not cause any of the grease problems and would llke to hold off right now. Curt mentioned that Taco Johns has ordered their grease trap and should be installed in about 60 days. Discussion. Motion by Alderman Marvin Carter to grant Little Big Men Pizza a one- year ext'ension from today', to i~stall a grease trap, seconded by Alderwoman Sue Carter. Motion carried. It was suggested that the Utilities and License Committees look into the operation of Frosty Ice Cream. The business license did not refer to a grill-- only a fast food microwave. VACATING STREET: An application for vacating the street between A & W and Little Big Men Pizza was referred to the Street and Alley Committee for review and to make a recommendation at the next regular City Council meeting. CHERRY HILL II SUBDIVISION SID: Larry Herman briefed the Council regarding a proposed SID for sewer, water, paving, curb and gutter. There are two owners in this area, Assembly of God Church and they have formed a corporation called Cherry Hills Development Corporation, and Bob Mace has part ownership. The cost of the SID is estimated between $300,000 and $500,000. Discussion. The City Clerk reminded the Council of Ordinance #692 and #693 regarding appointing and setting fees for the SID attorney and engineer. The clerk also cautioned the Council that this is a development of raw land, and we already have problems with one similar SID of this type. ORDINANCE NO. 738 (second reading) ADDING SECTION 15.56.025, BONFIRES PROHIBITED, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Harris that Ordinance No. 728 be passed and adopted, seconded by Alderwoman Sue Carter. Upon taking a roll call vote all aldermen present voted, "YES." page Minutes of the CitY Council of Laurel §~conded by Alderman Harris. Upon taking a roll voted, "YES." ORDINANCE NO. 740 ADDING SECTION 18.76.020, ESTABLISHING PLAN, TO THE LAUREL MUNICIPAL CODE. ORDINANCE NO. 739 (second reading) AMENDING SECTION 9.08.010, BONFIRES PROHIBITED, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 739 be passed and adopted, call vote, ali aldermen present (second reading) AN ANNEXATION Motion by Alderman Marvin Carter that Ordinance No. 740 be passed and adopted, seconded by Alderman Feuerbacher? Upon taking a roll call vote, all aldermen present voted, "YES." A resolution was presented setting the compensation for ambulance attendants effective July 1, 1983, which was established at the Council meeting on May 17th. RESOLUTION NO. 1984 ESTABLISHING VOLUNTEER AMBULANCE SERVICE COMPENSATION Motion by Alderwoman Sue Carter that Resolution No. 1984 be passed and adopted, seconded by Alderman Brennan. Motion carried. COMMITTEE REPORTS: License Committee minutes of June 6, 1983, were presented and reviewed. Julian Goodlake dba Asphalt Supply & Service, Inc., has applied for a City license but the fire inspection can't be made until the rubberizing plant is built. Motion by A. lder.man Brennan to approve a City license to Ken D. Miller dba Miller Protective Coatings (roofing), seconded by Alderman Marvin Carter. Motion carried. Motion by Alderman Brennan to approve a City license to John Dehler dba ~' Fleetwood Vending (video games), seconded by Alderman Marvin Carter. Motion carried. Motion by Alderman Brennan to approve a City license to Bob MacArthur dba Bob's Backhoe Service, seconded by Alderman Marvin Carter. Motion carried. Motion bM Alderman Brennan to approve a City license to C. L. Coberly dba Atlas Plumbing and Sewer, seconded by Alderman Marvin Carter. Motion carried. Motion b.y Alderman Brennan to approve and enter the License Committee minutes of June 6, 1983, into the record, seconded by Alderman Fred Feuerbacher, III. Motion carried. Budget/Finance Committee minutes of May 25, 1983, and June 7, 1983, were presented and reviewed. Motion by Alderwoman Sue Carter to approve and enter the minutes of May 25, 1983, into the record, seconded by Alderman Brennan. Motion carried. Motion by Alderwoman Sue Carter to approve and enter the minutes of June 7, 1983, into the record, seconded by Alderman Marvin Carter. Motion carried. Street & Alley Committee minutes of May 25, 1983, were presented and reviewed. page 5 Minutes of the City CoUncil of Laurel Motion by Alderman Fred Feuerbacher III to approve and enter the minutes of May 25, 1'98B',' i~'to 'the record~ seconded by Alderman Marvin Carter. Motion carried. Park Committee minutes of May 24, 1983, were presented and reviewed. Motion by Alderman Feuerbacher to approve and enter the minutes of May 24, 1983, into the record, seconded by Alderman Harris. Motion carried. Mr. Feuerbacher reported that the new playground equipment which was purchased for Thompson Park was put together and installed by the Rotary Club. Ambulance Committee minutes of May 24, 1983, were presented and reviewed. Motion by Alderwoman Sue Carter to approve and enter the minutes of May 24, 1983, ~nto the record, seconded by' Alderman Harris. Motion carried. Cemetery Committee minutes 9f. May 24, 1983, were presented and reviewed. Motion by Alderman Harris to approve and enter the minutes of May 24, 1983, into the record, seconded by Alderman Marvin Carter. Motion carried. WATER RESERVOIR: Rob Harris read a letter to Lee Judson of K-Decorators, from 'Ca~rry Peterson, dated May 31, 1983, regarding the unsatisfactory work being done on the inside of the water reservoir. This letter was read to brief the Council of what is happening at th~ reservoir. Dave Michael mentioned that this past week there was more unsatisfactory work done and they were in the process of doing it over. Discussion. Dave also mentioned that he and Larry will be meeting with Rainbow Painting next week to discuss an extension of time~ because they can not start on the standpipe until the reservoir is completed. VOLUNTEER FIRE DEPARTMENT CONVENTION: Marvin Carter introduced Miles Walton who is sitting in for Chief McGillen. Mr. Carter requested permission to hold a parade Thursday afternoon at 5:30. Motion by Alderman Marvin Carter that the Fire Department be allowed to stage a parade on Thursday afternoon at 5:30, seconded by Alderman Harris. Motion carried. Miles Walton invited all the Council members to the Ramsey Lumber building sometime Wednesday night, Thursday or Friday. APPOINTMENTS: The Mayo~ appointed Joe.Bradley and Debbie Ketterlin~ to the City-County Planning Board and Grant Lawver to the Poiice Commission. Motion b.y Alderwoman Sue Carter to confirm the appointments to the City- County Planning Board ~nd Police 'Commission, seconded by Alderman Brennan. Carried. The Mayor appointed L. D. Collins to the Yellowstone County Air Pollution Control Board. Motion by Alderman Marvin Ca.r. ter to confirm the appointment of L. D. Collins to the Air Pollution Control Board, seconded by Alderman Brennan. Motion carried. Albert Ehrlick requested permission to leave the State. page 6 Minutes of the citY Council of Laurel Motion by Alderman Marvin Carter to grant Mayor Ehrlick permission to leave the State, seconded by Alderman Harris. Motion carried. Alderman Marvin Carter requested that a copy of the Union contract be put in all of the Aldermens' notebooks. RESIGNATION: Alan Crowe reported on a resignation of ai~police officer effective June 20, 1983. Motion by Alderman Marvin Carter to accept Qfficer Odom's resignation, seconded by Alderma~ Brennan. Motion carried. BIDS FOR WASTEWATER TREATMENT PLANT: Dave Michael reported that bids will be advertised June 15th and 22nd in the Laurel Outlook. HKM has approximately 40 copies of the specs distributed at this time. A spec±al Council meeting has been scheduled for June 28, 198B~ at 7:00 p.m., to open the bids. ORDINANCES - BOARD OF ADJUSTMENT:. Joe Bradley said that a couple of Council meetings ago the Coun~i'l' a'sked that ordinances be drawn ulp regarding Board of Adjustment and their power to grant variances~ They are not answerable to the Council right now when they grant a variance. In conjunction with Cumin Associates we thought it might be more logical to have the City-County Planning Board be the one to recommend variances for land use, which would mean professional buildings on residential property, etc. A change in land use would go through the City-County Planning Board. That way you would have one body passing on all zoning. Joe Bradley presented three ordinances: Ordinance amending 17.12.060 - This is the section setting up the powers of the Board of Adjustment. They can still pass on minor details like fence heights, setback provisions and that type of thing. A change in land use wouldn't go before them. Ordinance adding section 17.12,065--The Board of Adjustment shall not have power to grant or consider appeals or requests involving changes of land use under the specific zoning district in which the property lies. The City Council reserves to itself the power to consider, grant, or deny such application after receiving a recommendation from the City Zoning Commission under Title 17, Chapter 8, of this code. Ordinance adding section 17.08.105--We just took word for word from the Board of Adjustments section and we are going to transfer it over to City-County Planning Board: 1. It s~all be the duty of the Zoning Commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions~ a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The Zoning Commission shall, after a public hearing, make a recommendation to the Mayor and Council concerning the land use variance application. Final decision shall rest with the City Council. page 7 2. Minutes of the City Council of Laurel The Zoning Commission shai1 not recommend that land use variances be granted: A. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; B.Unless the grant relates to a condition or situation special and peculiar to the applicant; C. Unless the basis is something more than mere financial loss to the owner; D.Unless the hardship was created by someone other than the owner; E. Unless the variance would be within the spirit, intent, purpose and general plan of the zoning ordinance; F. Unless the variance would not affect adversely or injure or result in injustice to others; and B. Ordinariiy unless the applicant owned the property prior to the enactment of the zoning ordinance or amendment. This is what the Board of Adjustment is using right now. It's just being transferred to the Zoning Commission. This was upon recommendation of the City- County Planning Board and Cumin Associates. ~Joe said he thought it was a good idea to have one.body which is charged with uniform zoning, ~to be the one to decide upon variances, and this will give the Council final decision. ORDINANCE NO. 741 (first reading) AMENDING SECTION 17.12.060, POWERS--VARIANCE AUTHORITY, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 741 be passed and adopted, seconded by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "YES." ORDINANCE NO. 742 (first reading) ADDING SECTION 17.12.065, POWERS RESERVED TO THE COUNCIL, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Marvin Carter that Ordinance No. 742 be passed and adopted, seconded by Rlderman Harris. Upon taking a roll call vote, all alder- men present voted, "YE~." ORDINANCE NO. 74B (first reading) ADDING SECTION 17.08.015, LAND USE VARIANCES NOT GRANTED-- WHEN, TO THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 743 be passed and adopted, seconded by Alderman Feuerbacher. Upon taking a roll call vote, all aldermen present voted, "YES." There being no further business to come before the Council at this time, the meeting was adjourned at 8:55 p.m.~ ~ . ~ '~ ~ Donald L. Rackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 21st day of June, 1983. Donald L. Hackmann, C~ty Clerk ~bert EhrI~Ick, Mayor