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HomeMy WebLinkAboutCity Council Minutes 11.01.1983Minutes of the City Council of Laurel ' November 1, 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 7:03 p.m., on November 1, 1883. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bill Brennan Marvin Carter Susan Carter Duane Behm Rob Harris Fred Feuerbacher,III Bob Gauthier COUNCIL MEMBERS ABSENT: none MINUTES: Motion by Alderman Kellogg to approve the minutes of the regular meeting of October 18, 1983, as presented, seconded by Alderwoman Sue Carter. Carried. CORRESPONDENCE: Received .a thank you from the School District for the coopera- tion during the transportation department in-service training. Received a letter from Pak-Mor regarding problems we've had with the new garbage collection units. The minutes of October 12th-and October 19th from Interlocal Cooperation Commission were received. Also received a notice of the meeting to be held on November 2nd at 7:00 p.m., at the County Courthouse. We also received a letter from Yellowstone County Interlocal Cooperation Commission regarding an update of the service plan for Yellowstone County Law Enforcement Agency. Also received work papers to prepare budget and project what our costs for the Police Department would be running through 1988. ' Received a letter from Richard W. Heard, Attorney at Law, regarding Jack Martin zoning matter. CLAIMS: The claims were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderman Behm to approve the claims for the month of October, seconded by Alderman Gauthier. Motion carried. JACK MARTIN ZONE CHANGE - VALID PROTEST: Mayor Albert Ehrlick vetoed the motion which was passed at the October 18th Council meeting. Joe Bradley reviewed and explained the map prepared by the City Clerk. He commented that the Zoning Ordinance says that you have to consider several dif- ferent areas to decide if there is sufficient valid protest to require 3/4 of the Council members approval in order to pass the proposed re-zoning. The areas to consider are• 1) The zone itself which is outlined in black, consisting of 20 lots, 2) The zone immediately across the street from it (it's out- . lined in the dotted lines) consisting of another 20 lots, 3) The zone immediately to the rear of it, another 20 lots, 4) Then to the southside, there's just two and about 1/3 lots, 5) On the north it's just Thompson Park. The way the Zoning Ordinance .reads is that if the owners of 20% or more of the lots in-any one of those areas protests, then it requires a 3/4 majority of the Council to pass. Don has inked in the-names of the lot owners that we ' found protests from. As you can see, in particular in the zone itself, there would be 6 out of 20 which exceeds the 20q°. However, in cross-checking the page 2 Minutes of the -City Council of Laurel ' petitions, we did find several names that signed both petitions. Although the petition signed in favor of the .zoning was the first zoning request, it was just for the 1/2 block area. Now, even if you discount those names, I believe it was Schmall and Hamilton, out of those 20 lots you still will find 4 out of 20 which is 20% (particularly Myers' 2 lots and Lukenbach's 2 lots). The same holds true across the street, a little bit more than 6 lots out of the 20 lots; so, again, in that .area there's 20%. This Ys what we found and behind it too. I believe it would fail also because McManus signed also. So there would be just 2 if we for- got those. I think there might be legal grounds to count-those lots because they signed the petition in favor of the first request which was the 1/2 block. I don't see any reason why they can't change their minds-for the second request-- the two 1/2 blocks. But even if we discount it there are two areas the 20% has exceeded that would require 6 votes. I intended to ask the Council to confirm Don's findings here, but based on this letter that we just received, they ask that we table the .matter until-the next Council meeting. Apparently the attorney for Jack Martin wants to make some sort of presentation. Motion b Alderman Marvin Carter to table everything until next Council meeting, seconded by Alderman arris. Motion carried with Alderman Brennan voting, "N0." PUBLIC HEARING - MURRAY HEIGHTS ANNEXATION OF LOTS 1--9, BLOCK 12: This being the time and p ace advertised, a pub is hearing was he d. No proponents. No opponents. Public hearing closed. ' This annexation request was referred to the City-County Planning Board. K-DECORATORS: Penalty and balance due on painting contract (tabled October 18, 1883). Motion by Alderman Feuerbacher to remove this matter from the table, seconded by Alderman Marvin Carter. Motion carried. Lee Judson, K-Decorators was present to speak on his behalf. Before the Council acts on this matter, .just a few comments that I would like to make and thank you for letting me speak. .The project did go over. I think there are some reasons for it going over, and I'd like to point them out. I don't want to get into personalities or stone throwing or anything like that. There were some problems that occurred on the project, and I don't think they are abnormal for construction. There are some that are very legitimate. At the beginning of the project, the dates involved in the contract were-such for us to start on May 2nd. We were not able-to start then. There were some problems with the drainage of the tank at that time. As we all know, there have been some problems of draining that tank in the past and there were some more problems. It was not ready for us as it was promised.. It was a situation that it took longer to drain the tank than anticipated. When the tank-was drained, it wasn't dry and ready to do; so we proceeded at that point to dry.the tank out. There were 6 days in- volved for drying out the tank before we .could start.- And when we did get started, if you can remember, I don'.t have the weather log in front of me, but I do have in our daily reports the days involved of high humidity, half days worked, days missed accumulate to 18 days lost due to moisture content in the air, that we could not work. This is not abnormal in this type of construction. Also, during the tank work there were several problems that arose concerning solvent entrap- , ment. We're all trying to do this in a diligent way. So this occurs and time is lost because we called the manufacturer in to make his determination. There page 3 Minutes of the City Council of Laurel were 8 days involved in getting the factory man out and decisions made properly to go-on. There was a problem of epoxy patching material that was not drying - properly. It was not hardening up in the-areas that we patched. This-did not occur throughout -- it occurred on some wall area. I think it was the second batch if I'm not wrong, Larry. The second time that we were patching this pro- blem occurred. We .took time out to make sure this was proper. So to find out what the problem was, again, we conferred with .the manufacturer. The manufac- turer took laboratory tests. A11 of this is taking time to make sure the patch- ing material is proper. It was not. We removed it. We re-sandblasted those areas, and we started from scratch. Our intent, all long,. has been to do it properly and that's what I'm trying to point-out. Those are some of the pro- blems that took additional time. While some of your people were on vacation, there was some .discrepancy as to the specific areas that should be patched. The patching was stopped.. A standard was set by Mr. :Peterson as to what he wanted done. He was on vacation and that standard was not maintained. While he was on-vacation I got into the picture and into the field. I said,"This is the standard that-has-been set down_and-we-will. maintain this standard," there- fore proceed. This was after several days had been .lost as to that determination. And we proceeded that way, and we patched in accordance with the standard that was set. These problems, the days involved that our daily logs point out, accumulate to an excess bf 38 days. Weather, curing time problems, moisture problems -- all taking the proper time and, of course, this time is very costly to me. We diligently completed that tank and completed the paying of all the bills involved in it. I would like .the Council to look at these items and con- sider them before they invoke such a severe penalty as this. The project cost us money to-do. I-have not had-time to meet with the Public Utilities,Committee concerning any penalties involved. I have not had that hearing at all. ' More discussion on warranty period. Motion by Alderman Marvin Carter that this matter be referred back to the Public Utilities ommittee, seconded by Alderman Kellogg. Motion carried. BERNIE NOONAN, PUBLIC WORKS ENGINEER FOR BURLINGTON NORTHERN requesting that we amend Exhibit "B" of our sewer agreement with the City of Laurel to show the addition of one spot car shop that we're building right now. Recommendation was approved at last Council meeting.. A resolution is being prepared and will be presented at the November 15th Council meeting. LYNET WHITE: Garbage in Village Subdivision. She was not present. ORDINANCE N0. 756-(1st reading) AMENDING SECTION 11.04.015A, STREET AND ALLEY CUTS, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg ..that Ordinance No. 756 (lst reading) be passed and adopted, seconded by Alderman Harris.- Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried.. ORDINANCE N0. 757 (1st reading) AMENDING SECTION 17.76.OlOH, OFF-STREET PARKING, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Harris-that Ordinance No. 757 (lst reading) be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote; all aldermen present voted, "YES." Motion carried. page 4 Minutes of the City Council of Laurel JOE BRADLEY -- O PEN MEETING LAW: Suggested i t might be a good idea for the ' Council to set a time limit on when Committee minutes can be considered. Discussion. City Clerk presented a resolution to add John H. Smith's name to Resolution No. 2016. RESOLUTION N0. 2032 ADDING THE NAME OF JOHN H. SMITH., AIRPORT AUTHORITY, TO RESOLUTION N0. 2016. Motion by Alderman Brennan that Resolution No. 2032 be passed and adopted, seconded by Alderman Kellogg. Motion carried. SALE OF SURPLUS EQUIPMENT/MATERIALS: It was suggested that we should advertise in the paper. Larry Peterson will do this immediately. Discussion regarding holding an auction in the spring when the School District has theirs and combine the two on the same .day. It was also suggested that we sell what we can now and auction the rest off in the spring. Motion by Alderman Brennan that we.sell what we can now and auction the rest off in the springy a so to accept bids .until December 6th up until 5:00 p.m., that working day, seconded by Alderwoman Sue Carter. Motion carried. COMMITTEE REPORTS: Police Committee minutes of November 1, 1983, were presented and reviewed. Discussion regarding Yellowstone County Sheriff using our City jail. More discussion on cost of housing prisoners. ' Motion by Alderman Behm that the Council authorize the Chief of Police to negotiate with Sheriff Schaefer and other agencies on housing prisoners, seconded by Alderman Harris. Motion carried. Motion by Alderman Brennan to enter into the record the Police Committee minutes of November 1, 19 3, seconded by Alderman Feuerbacher. Motion carried. Alderman Feuerbacher reported on the asphalt restoration. Effective Novem- ber 1st, 1983, the .cost will be $1.65 per square foot or $65.00 minimum. This matter will be discussed further at the next Council, meeting and the effective date will have to be changed. Alderman Brennan brought up the subject of curb and gutter on lst Ave. So. at Tom Bey1's dental office, Larry Peterson said for this particular business he suggested they put in pin curbing for the time being. Alderman Marvin Carter talked about the ordinance pertaining to dogs. This matter was referred to the Police Committee. Larry Peterson reported on the seminar he attended in Helena on October 24th and 25th regarding Effective Hiring. Alderman Marvin Carter reminded everyone to get out and vote next Tuesday. There being no further business to before the Council at this time, the meeting was adjourned at 8:40 p.m. Donal L. Hackmann, City Clerk ' .Approved by the .Mayor and passed by the City Council of the City of Laurel, Montana, this 15th day of November, 1983. filbert Ehrlick, Mayor ATTEST: C~`- Donald L. Hackmann, City Clerk