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HomeMy WebLinkAboutCity Council Minutes 05.04.1982Minutes of the City Council of Laurel May 4, 1982 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 May 4, 1982. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Hob Harris Marvin Carter Bob Gauthier Duane Behm Donald Meyers (late) COUNCIL MEMBERS ABSEN¥: Hill Brennan Susan Carter MINUTES: Motion by Alderman Gauthier to approve the minutes of the regular meeting of April 20, 1982, as presented, seconded by Alderman Behm. Carried. Motion by Alderman Behm to approve the minutes of the two special meetings of April 28, 1982, seconded by Alderman Harris. Carried. CORRESPONDENCE: Received a letter from Governor Schwinden designating May 19th as Senior Citizen's Day. Motion by.Alderman Behm to declare May 19th as Senior Citizen's Day in the City of Laurel, seconded by Alderman Marvin Carter. Carried. Received a letter from Dan Mizner retiring League Director, announcing that he is running for Senator from District #15, Lewis and Clark County. Received a letter from Yellowstone County Interlocal Cooperation Commission regarding Laurel's share of the budget for 1982-83. Received the minutes of the meetings of the Interlocal Cooperation Commission of March 31, April 7, Aprii 14, and April 21. Received a letter from the Yellowstone County Interlocal Cooperation Com- mission regarding a proposal to be put on the November ballot for Laurel to decrease their mill levy by 25.74 mills for the difference between what law enforcement now requires and what it will require under the new plan. Motion by Alderman Behm that this letter be referred to the Budget/Finance Committee for review, seconded by Alderman Marvin Carter. Carried. CLAIMS: A copy of the "Statement of Items Released for Payment" for the April claims was presented to the Council for review and approval. Motion by Alderman Behm to approve the April claims as presented, seconded by Alderman Gauthier. Carried. RAY ZELKA - LIQUID AIR CORPORATION: Introduced Bob Ferguson from the Denver office. He said that they would like to accomplish two things: 1) Establish safe working conditions for the employees. 2) Create a harmony between Liquid Air and the City of Laurel. What we would.like to do is basically on the east side of the building, we would like to extend a covered building to cover a dock area which we will have to build truck height. I would like to get this dock area covered because of adverse weather conditions. The Laurel plant is a vital cog in this area for us but under the conditions that we now have~ we can not accept much more than a 15% growth and have safe working conditions. John MacMartin They basically have one of two options which they can pursue. Where they are Iocated would require a zone change, because they are located in a residential area. The previous owners, H & R Oxygen, attempted this at one page 2 Minutes of the City Council of Laurel time. There would be no way that a building permit could be issued to them to allow tbe expansion they are requesting in a residential zone where their property is located. The only other option would be to go to the Board of Adjustment to seek a variance to the zoning ordinance. The non-conforming use section of the ordinance is pretty explicit that a non-conforming use can not expand a building in a zone unless the expansion is explicitly for uses that are allowed within that zone. Really the only option they do have is to apply for a zone change. Discussion. The plant is outside the City, but within the one-mile zoning jurisdiction of the City. Discussion. This matter was turned over to the City-County Planning Board. KEN TOLLIVER - VILLAGE SUBDIVISION: Mr. Tolliver presented the Subdivision Improvements Agreement, Wa'iver of Protest, and the two final clothback copies of the plat, 1st filing. These have been reviewed by John MacMartin and found to be in compliance with the requirements and it is our thought to ask the Council to approve them tonight. Discussion. A letter from Joseph M. Bradley to the Mayor and City Council regarding a free and clear title to the Village Subdivision property was entered into the record. Motion by Alderman Meyers to accept the Subdivision Improvements Agreement, Waiver of Protest, the final plat, 1st filing, and to authorize the Mayor and City Clerk to sign these documents, seconded by Alderman Marvin Carter. Carried. RESOLUTION NO. 1908 A RESOLUTION APPROVING VILLAGE SUBDIVISION, FIRST FILING, AS AN ADDITION TO THE CITY OF LAUREL, MONTANA. Discussion. Motion by Alderman Meyers that Resolution No. 1908 be passed and adopted, seconded by Alderman Marvin Carter. Carried. ORDINANCE NO. ?03 (second reading) BEING AN ORDINANCE AMENDING SECTION 2.08.090 OF THE LAUREL MUNICIPAL CODE DESCRIBING THE DUTIES OF THE CITY ENGINEER. Motion by Alderman Meyers that Ordinance No. 703 be passed and adopted, seconded by Alderman Gauthier. Upon taking a roll call vote all aldermen present voted, "Yes," except for Alderman Kellogg who voted, "No." Motion carried 5--1. ORDINANCE NO. 704 (second reading) BEING AN ORDINANCE REPEALING THE ESTABLISHMENT OF THE OFFICE OF CITY MAINTENANCE DIRECTOR. Motion ~y Alderman Marvin Carter to table this ordinance until a later date, seconded by Alderman Kellogg. Carried. page 3 Minutes of the City Council of Laurel ORDINANCE NO. 705 (second reading) BEING AN ORDINANCE ESTABLISHING THE CITY OFFICE OF DIRECTOR OF PUBLIC WORKS. Motion by Alderman Meyers that Ordinance No. 705 be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote all aldermen present voted, "Yes," except Alderman Kellogg who voted, "No." Motion carried 5--1. ORDINANCE NO. 706 (second reading) BEING AN ORDINANCE DEFINING THE DUTIES OF THE DIRECTOR OF PUBLIC WORKS AND ESTABLISHING PREREQUISITES THEREFORE. Motion by Alderman Meyers that Ordinance No. 706 be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote all aldermen present voted, "Yes~" except Alderman Kellogg who voted, "No." Motion carried 5--1. ORDINANCE NO. 707 (second reading) BEING AN ORDINANCE AMENDING SECTION 8.16.010 TO PROVIDE THAT THE DIRECTOR OF PUBLIC WORKS SHALL BE IN CHARGE OF THE SANITARY LANDFILL DUMP. Motion by Alderman Meyers that Ordinance No. 707 be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote all aldermen present voted,"Yes," except Alderman Kellogg who voted, "No." Motion carried 5--1. ORDINANCE NO. 708 (second reading) AMENDING THE LAUREL MUNICIPAL CODE, CHAPTER 8.12.058, DEMOLITION FEES. Motion by Alderman Marvin Carter that Ordinance No. 708 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote all aldermen present voted, "Yes." Motion carried 6--0. ORDINANCE NO. 709 (second reading) AMENDING THE LAUREL MUNICIPAL CODE, CHAPTER 8.12.065, SPOT TRUCKS FOR RESIDENTIAL USE. Motion by Alderman Marvin Carter that Ordinance No. 709 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote all aldermen present voted, "Yes." Motion carried 6--0. ORDINANCE NO. 710 (second reading) AMENDING THE LAUREL MUNICIPAL CODE, CHAPTER 8.16.020, OUT OF CITY RESIDENTS GARBAGE FEES. Motion by Alderman Marvin Carter that Ordinance No. 710 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote all aldermen present voted, "Yes." Motion carried 6--0. DON MEYERS - STREET AND ALLEY COMMITTEE: Mr. Meyers presented and reviewed the minutes of April 26, 1982. Discussion regarding cars parking in the Sweeping District during sweeping hours. Motion by Alderman Behm that warnings be issued until the signs are relocated and put back on permanent posts, then start towing them away for violations, seconded by Alderman Marvin Carter. Carried. page 4 Minutes of the City Council of Laurel The City Clerk was directed to write a letter to the LDS Church informing them that the City Council is ordering that curb and gutter be installed around their property on 5th Avenue, West llth Street and 6th Avenue. Discussion regarding the vacating of South 7th Avenue and South 1st Street. The committee is requesting that the Council give approval to fence around the City Shop. The Montana State Highway Department wants to fence theirs also, and we were going to combine it all into one big yard and save some money. Discussion. John MacMartin indicated that if you vacate, half of the street would go to each property owner. There was discussion regarding closing the street to all traffic and not vacating it. Motion by Alderman Meyers to close So. 7th Avenue and South 1st Street, seconded by Alderman Behm. Carried. Motion by Alderman Marvin Carter to accept and approve the recommendations of the Street and Alley Committee as contained in their minutes of April 26, 19B2, except for items B and 7 which were changed by ~ pre~ious motions, and to enter these minutes into the record, seconded by Alderman Kellogg. Carried. DAVE GAUSLOW - FIRE DISTRICT NO. 8: Mr. Gauslow presented the agreement for Fire District No. B for fiscal year 1982-83. RESOLUTION NO. 1909 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND CARBON COUNTY FIRE DISTRICT NO. 8, SAID AGREEMENT RELATING TO PROVIDING FIRE PROTECTION TO SAID DISTRICT. Motion by Alderman Meyers that Resolution No. 1909 be passed and adopted, seconded by Alderman Marvin Carter. Carried. Dave Gauslow reported that we can not stop people from coming into a fire district. We can write into the contracts to prorate the charge when someone wants to come into the district during the year. Discussion. DUANE BEHM - BUDGET/FINANCE COMMITTEE: Motion by Alderman Kellogg to accept and enter into the record the committee minutes of April 19th and 21st, seconded by Alderman Meyers. Carried. POLICE COMMITTEE: Motion by Alderman Meyers to accept and enter into the record the Police Committee minutes of April 21, 1982, seconded by Alderman Gauthier. Discussion regarding the jail and teletype. Motion carried 5--1 with Alderman Kellogg voting, "No." SETTING A FEE FOR SPOT TRUCKS (see Ordinance No. 709): RESOLUTION NO. 1910 ESTABLISHING RATE FOR SPOT TRUCKS FOR RESIDENTIAL USE Motion by Alderman Marvin Carter that Resolution No. 1910 be passed and adopted, seconded by Alderman Kellogg. Carried. Motion adopted, seconded page 5 Minutes of the City Council of Laurel LONNIE KELLOGG - PUBLIC UTILITIES COMMITTEE: The Public Utilities Committee is short two people because of Dick and Curt retiring and we feel we could use one more person and Don Cahill has talked to me about it and with the Council's approval I would like to have him on the committee. Motion by Alderman Kellogg to appoint Don Cahill to the Public Utilities Committee, seconded by Alderman Behm. Carried. DON MEYERS - PARK COMMITTEE: Kent Harris approached me and he would like to be on the Park Committee. Motion by Alderman Marvin Carter to appoint Kent Harris to the Park Com- mittee, seconded by Alderman Kellogg. Carried. PUBLIC UTILITIES COMMITTEE: The Mayor said that Chip Watts would like to serve on the Public Util'ities Committee. Motion by Alderman Marvin Carter to appoint Chip Watts to the Public Utilities Committee, seconded by Alderman Meyers. Carried. DON MEYERS - PARKS: I have been reserving Riverside Park for different picnics during the summer. Cenex, T&E, different outfits. We're getting a lot of Billings people. I don't know if we could charge for reserving this park. The High School wanted to use the tennis courts for two classes during the day which will be over when school is out. It's just a PE deal, so I gave them permission to do it. So today I get tO the Baptist Church and they want to reserve the baseball diamond. I think they are talking into the summer and I can't see that because we have little league and things going on here and I don't feel we should be tying up the ball diamonds in the summer time. These items were referred to the Park Committee. MARVIN CARTER: The City and the community lost a good man in the passing of Andy Anderson. We all knew him as Santa Claus and he did an excellent job. I think if there is something we could do to start a fund in memory of Andy in that light, because of the job he did do as our Santa Claus. I think we could perhaps direct it to the Fire Department and maybe come up with some- thing. I would also like to make comment on the retiring of Dick Black from the Fire Department. He has served twenty years with the Laurel Fire Department. In that time he has been a community service worker, while he was involved with Montana Power Co. here in Laurel. He not only served on the City Council for several terms, he also served on the School Board, and I think we should instruct the secretary to write a letter to Dick Black congratulating him on his retirement from the Fire Department and thanking him for the service he did do for the City and community service. Alderman Marvin Carter presented a resolution opposing the MX missile system. RESOLUTION NO. 1911 A RESOLUTION OPPOSING THE MX MISSILE SYSTEM AND URGING OUR U.S. DELEGATION TO VOTE "NO, FOR APPROPRIATIONS FOR NUCLEAR WEAPONS AND CALLING FOR A HALT TO THE DEVELOPMENT OF THE MX MISSILE SYSTEM. by Alderman Marvin Carter that Resolution No. 1911 be passed and by Alderman Meyers. Carried with Alderman Kellogg voting, page 6 Minutes of the City Council of Laurel MAYOR'S COMMENTS: The Mayor acknowledged for attending the council meeting. The Mayor requested approval for the Library Board Jean Williams reappointed for 5 years to Evelyn Crow to replace Bill Brennan 5 years Board of Adjustment Bonnie Preikszas reappointed for 3 years to Don Cahill reappointed for 3 years to 5/85 Police Commission and thanked Dan Green, a Boy Scout, following appointments: 5/87 to 5/87 5/85 Donald L. Hackmann, City Clerk Earl Linger reappointed for 3 years to 5/85 Motion by Alderman Behm to approve the Mayor's appointments to the Library Board, Board of Adjustment and the Police Commission, seconded by Alderman Meyers. Carried. The Mayor announced that there will be interviews Friday at 3:15 and 4:30 for City Engineer. DON MEYERS: I think it should be put in the record the fine job that the service organizations, such as the garden clubs did to the parks around town during the past week. DAVE MICHAEL - GARBAGE: Dave informed the Council that the old garbage truck is broke down again. Discussion. Dave also requested a meeting with the Council as a Whoie regarding personnel matters immediately after the Council meeting tonight. There being no further business to come before the Council at this time, the meeting was adjourned at 8:35 p.m.~ onal L. ackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 18th day of May, 1982.