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HomeMy WebLinkAboutCity Council Minutes 10.18.1983Minutes of the City Council of Laurel MINUTES: Motion by of ~-~-~ber 4, 1983, October 18, 1983 A regular meeting of the City Cmuncil 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 October 18, 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Susan Carter Marvin Carter Rob Harris Duane Behm Bob Gauthier Fred Feuerbacher, III COUNCIL MEMBERS ABSENT: Bill Brennan Alderman Behm to approve the minutes of the regular meeting as presented~ seconded by Alderman Feuerbacher. Carried. the agenda and September minutes from the Air Pollution CORRESPONDENCE: Received Control Board. Received the minutes ber 28, 1983, and October from the Interlocal Cooperation Commission of Septem- 5, 1983. Received a memo from James Kraft, Yellowstone County Flood Plain Administra- tor. Received a letter from the City of Great Falls regarding two bills in Congress at this time: HR-3110 and S-iii3. WASTEWATER TREATMENT PLANT PROGRESS: Jim Kaercher of HKM Associates presented Change Order #1. Jim spoke on the progress of the Wastewater Treatment Plant. They ran into problems when they got ready to dig the footings. They hit some silt pockets. Two items will have to be changed: 1) Excavate and replace w/B/4" washed rock at a price of $1,095.00, 2) Excavate and replace w/3" minus pit run gravel at a cost of $6,633.68. Total cost $7,728.68. The City's share will be $1,932.00. Motion by Alderman Kellogg to approve Change Order #1 of Wastewater Treat- ment Plant, seconded by Alderman Harris. Motion carried. CITY CLERK AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's Financial Statements for September, 1983, were presented for approval. Motion by Alderman Kellogg to accept the City Clerk and City Treasurer's Financial Statements as presented, seconded by Alderman Gauthier. Motion carried. PUBLIC HEARING - MARTIN ETAL: This being the time and place advertised, a public hearing was held. ~nent_s: Jack Martin, owner of property at 519 1st Avenue, had petition in of a zone change to RP. Mike Wheeler, dentist in Laurel who would like to build a dental office on this sight, also commented in favor of the zone change. Discussion regarding building of a dental office and parking availability. Opponents: City Clerk received two petitions from residents in this area total- ing 11 signatures. There were also petitions containing 66 signatures which James Meyers had turned in to the City-County Planning Board at a previous hearing. page 2 MinUtes of the City Council of Laurel Kathleen Phillips~ 602 2nd Avenue, stated she does not wish to see 1st Avenue become commercial. Cai Cumin, City-County Planning Board, recommended against this request. There were quite a few people protesting it. The issues were: 1) Traffic congestion and 2) A certain amount of ignorance as to what was going to be used on that City block area. He further commented that this is a Residential Professional zone. It's a residential area now. An RP zone is designed to integrate into that zone. It's not a commercial use. Discussion regarding RP areas and what qualifications there are to meet the professional part. Mike Wheeler commented that he couldn't really do anything until something is decided on the zone change. Joe Bradley~ a member of City-County Planning Board, stated that the minutes should show that it was his motion to.recommend denial on this matter. Let me explain why I think the City-County Planning Board passed this motion: First of all, like Cai said, Doc Wheeler told us at the Planning Board, maybe 5 years, 10 years, or maybe never would he put this building in. This tells me one thing as a member of the planning Board -- the need isn't there. As a member of the Board (1) I think we needed a little bit more definite idea of what we're going to be authorizing, (2) I think it's premature to discuss the type of building you're going to put up, etc. We have no control over that. Once it's changed, he can put a building in there and come up with any kind of different plan, (3) The real question here is, "Has the Post Office so changed that area that it's wrecked it for residential use?" As a member of the Planning Board, I don't think that's true. I think it can still be used as residential. We had quite a few protestors. We had a request for a zone change on a two-block area, and we~ve had at least one of the people who lives and owns property there, who doesn't like the idea of having his house ~oned out from under him. Jack Martin stated the reason that the zoning is being done in a two-block area is because that's what the law requires. Whatever Doc Wheeler puts up there he will still have to live within the requirements of the City. Discussion. Kathleen Phillips, 602 2nd Avenue, stated she understood that there were letters sent out to some of these people on the petitions concerning the zone change and they live further away than I do. Cai Cumin stated the legal protest is 150 ft. The valid protest petition against such change signed by the owners is 20%. Public hearing closed. Motion by Alderman Behm to approve the designation of RP on the property affected here, seconded by Alderwoman Sue Carter. Division of the house: Alderman Feuerbacher "NO" Alderman Behm "Yes" Alderman Marvin Carter "Yes" Alderman Harris "Yes" Alderman Kellogg "Yes" Alderwoman Sue Carter "Yes" Alderman Gauthier "NO" Petitions will be reviewed to determine whether there Motion carried 5-~2. is a valid protest. page 3 Minutes of the City Council of Laurel Cai Cumin stated you have to have 3/4 vote from all members of the Council. It can't be 3/4 of members present. It has to be 3/4 members of the whole Council according to City ordinance. More discussion on 20% protest and which petition is valid. Motion by Alderwoman Sue Carter to allow Jack Martin to present his petitions at this hearing tonight because that's what this hearing is for, seconded by Alderman Marvin Carter. Motion carried. ORDINANCE NO. 718A (second reading) AMENDING SECTION 2.20 OF THE LAUREL MUNICIPAL CODES, RESERVE POLICE FORCE AND AUXILIARY POLICE FORCE. Motion by Alderman Kellogg that Ordinance No. 718A be passed and adopted, seconded by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "Yes." Motion carried. City Clerk presented a resolution on revised sewer rates. Due to the bonds being sold at a lower rate than anticipated, the sewer rates were revised to reflect a lower rate from the resolution passed in February, 1983. RESOLUTION NO. 2031 SETTING REvIsED SEWER RATES Motion hy Alderman Kellogg that Resolution No. 2031 be passed and adopted, seconded by Alderman Marvin Carter. Motion carried. CITY CLERK: The City Clerk presented his report on the Montana League of Cities and Towns Convention that he attended on October 6th and 7th in Havre. COMMITTEE REPORTS: City-County Planning Board minutes of. October 13, 1983~ were presented and reviewed. Home occupations were discussed. Motion by Alderman Kellogg to enter into the record and approve the City- County Planning Board minutes of October 13, 1983, seconded by Alderman Harris. Motion carried. Motion by Alderman Kellogg to grant City licenses to Tom & Lori Russell for cleaning chimneys and Dale Schneider dba Rainbow International Carpet Dyeing and Cleaning, seconded by Alderman Harris. Motion carried. Public Utilities Committee minutes of October 11, 1983, were presented and reviewed. Motion by Alderman Kellogg to allow Burlington Northern to hook up the one spot car shop to the existing sewer line, seconded by Alderman Marvin Carter. Motion carried 5--2 with Aldermen Behm and Gauthier voting, "NO." Motion by Alderman Marvin Carter to table the K-Decorator matter until the next meeting, seconded by Alderman Kellogg. Motion carried. Motion by Alderman Kellogg to adopt and approve the Public Utilities minutes of October 11, 1983, except for item #4, seconded by Alderwoman Sue Carter. Motion carried. Discussion on a letter regarding a Change Order to allow 10--14 mils of coating on the floor of the standpipe. Motion by Alderman Kellogg to allow the Change Order as presented, seconded by Alderman Harris. Motion carried 5--2 with Alderwoman Sue Carter and Alderman Marvin Carter voting, "NO." page Minutes of the City Council of Laurel License Committee minutes of October 13, 1983, were presented and reviewed. Motion by Alderman Kellogg to grant City licenses to Doug Schwindt for concrete work and John Freer dba Rainbow Painting, seconded by Alderman Harris. Motion carried. Motion by Alderwoman Sue Carter to enter into the record and approve the License Committee minutes of October 13, 1983, seconded by Alderman Marvin Carter. Motion carried. Budget/Finance Committee minutes of October 4, 1983, were reviewed at the last Council meeting. Motion by Alderman Behm to enter into the record the Budget/Finance Com- mittee minutes of October 4, 1983, seoonded by Alderwoman Sue Carter. Motion carried. Ambulance Committee - Alderwoman Sue Carter brought up the fact of replacing our old ambulance with a used one. There is a 1979 Chevrolet modular ambulance in Centralia, Washington, with 90,000 miles on it. They are asking $12,500. It will need a new engine estimated.at $1~300. These.90~000 miles are actual road miles. Hopefully, we can get anywhere from $5,000--$7,000 for the old ambulance. Could we borrow the money for the remainder of the year and then budget for it next year? The price is over $10,000 so it would probably have to go out for bid. Motion by Alderman Marvin Carter to ailow the Ambulance Committee to pursue and research the''feasi'bility o'~ purchasing this used ambulance, seconded by Alderman Kellogg. Motion carried. Larry Peterson asked the Council to look over the Surplus Equipment list. Fred Feuerbacher III reported that Lois Bernhardt-wouid like to sell six lots on West 12th. Wondering if the City would be interested. The cost would be $16,000. Larry Peterson stated he has received a p~eliminary engineering and business proposal from HKM Associates on the ditch lining project. He will be meeting with them to give our comments back and also to the State to let them know where we are. Larry Peterson also reported that he has not been contacted by the engineering firm for SID #108. There being no further business to come before the Council at this time, the meeting was adjourned at 9:06 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 1st day of November, 1983. ona . ac mann, ity er