Loading...
HomeMy WebLinkAboutCity Council Minutes 12.21.1999MINU'T! S OF THE CITY ( OU'N(21L OF ! AUREL December 21, 1999 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 Chuck Rodgers at 7:00 p.m. on December 21, 1999. COUNCIL MEMBERS PRESENT: Dirk Kroll Ken Olson Gay Easton Bill Staudinger COUNCIL MEMBERS ABSENFF: None Gary Temple Miles Walton Norman Orr Bud Johnson Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. MINUTES: Motion by Alderman Easton to approve the minutes of the regular meeting of December 7, 1999, as presented, seconded by Alderman Olson. Motion carried 8-0. CORRESPONDENCE: a. Yellowstone County Air Pollution Control Board: Minutes of November 9, 1999 and Agenda for December 14, 1999. b. November/December 1999Montana Taxpayer. c. John Oakes: Letter of December 9, 1999 regarding Ordinance No. 099-27. d. Steve Klotz: Letter of December 17, 1999 regarding the complaint process. CONSENT ITEMS: a. Clerl~dTreasurer Financial Statements for the month of November 1999. b. Committee Reports. --Budget/Finance Committee minutes of December 6, 1999 were presented. --City Council Committee of the Whole re'mutes of December 7, 1999 were presented. --Laurel-Yellowstone City-County Harming Board minutes of December 2, 1999 were presented. c. Resolutions. 1) Resolution No. R99-60: Resolution releasing the bond for park improvement at Village Subdivision. RESOLUTION NO. R99-60 RESOLUTION RELEASING THE BOND FOR PARK IMPROVEMENT AT VILLAGE SUBDIVISION. 2) Resolution No, R99-61: Resolution authorizing the mayor to sign plat designating three tracts around the cemetery for future purchase. RESOLUTION NO. R99-61 RESOLUTION AUTHORIZING THE MAYOR TO SIGN PLAT DESIGNATING THREE TRACTS AROUND THE CEMETERY FOR FUTURE PURCHASE, Council Minutes of December 21, 1999 3) Resolution No. R99-62: Resolution authorizing participation in the Intercap Program. RESOLUTION NO. R99-62 RESOLUTION AUTHORIZING PARTICIPATION IN THE BOARD OF INVESTMENTS OF THE STATE OF MONTANA ANNUAL ADJUSTABLE RATE TENDER OPTION MUNICIPAL FINANCE CONSOLIDATION ACT BONDS (INTERCAP REVOLVING PROGRAM), APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO. The mayor asked if there was any separation of consent items. Alderman Easton separated item 5 .c. 1) out of the consent agenda. This item became item e. under Scheduled Matters. Motion by Alderman Walton to approve the consent items as presented, seconded by Alderman Johnson. Motion carried 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. None. b. Ordinance No. O99-27: occupations. First reading. Ordinance amending the requirements for home ORDINANCE NO. O99-27 ORDINANCE AMENDING THE REQUIREMENTS FOR HOME OCCUPATIONS. Motion by Alderman Johnson to approve Ordinance No. O99-27, seconded by Alderman Temple. A toil call vote was taken on the motion to approve Ordinance No. 099-27. All eight aldermen present voted aye. Motion carried 8-0. Motion by Alderman Johnson to amend Ordinance No. O99-27 to reflect a change of wording in Section 17.52.030.A3 from "If the activity" to "All the activity". Alderman Johnson referred to a letter that the council received from John Oakes. In the letter, Mr. Oakes suggested that the wording should be changed to prevent an applicant from applying for a home occupation if the activity would be performed somewhere other than the residence. He said that the applicant should apply for a commercial permit if the activity was performed elsewhere. Cal Cumin explained that the home occupation ordinance states that the actual activity is to be conducted inside the dwelling or an accessory building, but not all home occupations are conducted at the home site. Some home occupations use the home as a base for their business. The stipulation in the home occupation requires that the character of the premise cannot be changed because of the business. Cal did not see the need to change the wording of the ordinance. The letter from Mr. Oakes stated that his neighbor, a cement contractor, has a home occupation permit. The work is performed elsewhere, but the equipment is stored at his residence. There was further discussion and Cal agreed that this type of home occupation does not conform to the requirements. Alderman Johnson suggested that the council might want to consider the home occupations in a different way after the public hearing and discussion at the next council meeting. After the council discussed the home occupation issue at length, a vote was taken on the motion to amend Ordinance No. 099-27. Motion carried 7-1, with Alderman Walton voting nay. The public hearing and second reading for Ordinance No. O99-27 will be held at the council meeting on January 4, 2000. 2 Council Minutes of December 21, 1999 b. Ordinance No, 099-28: Ordinance regulating the telecommunications towers and antennae. First reading. use and placement of ORDINANCE NO. O99-28 ORDINANCE REGULATING THE USE AND PLACEMENT OF TELECOMMUNICATIONS TOWERS AND ANTENNAE. Motion by Alderman Johnson to approve Ordinance No. 099-28, seconded by Alderman Orr. A roll call vote was taken on the motion to approve Ordinance No. 099-28. All eight aldermen present voted aye. Motion carried 8-0. The public hearing and second reading for Ordinance No. O99-28 will be held at the council meeting on January 4, 2000. d. Steve Klotz: Complaint procedures and junk vehicles. Steve Klotz, the Code Enforcement Inspector, outlined the current complaint process. 1) 2) 3) 4) 5) 6) 7) S) 9) 10) A complaint is received by the Code Enforcement Department from a Code Enforcement Officer, phoned in by a LaureI resident, or through verbal communication with the public. The complaint is then logged and assigned a complaint number. The complaint site is then visited by a Code Enforcement Officer to determine if the complaint is a violation of Laurel Municipal Code. If the complaint is not in violation of Laurel Municipal Code, it is recorded as in compliance and filed. If the complaint is a Laurel Municipal Code violation, it is recorded as so and compliance is sought by one of the following methods: a) The property owner of the violation site either contacted in person, by phone, or by certified mail. b) A code violation is explained, proper notice to bring the violation into compliance is given, and the non-compliance consequences are explained. c) The name of the Code Enforcement Officer and phone number is given as a contact for any questions or concerns. When the time given to bring the violation to compliance is up, a Code Enforcement Officer visits the site to determine if the complaint is in compliance. If the violation is determined to be in compliance, the complaint is noted as so and filed. If the complaint is determined to not be in compliance when the time given to bring the violation to compliance is up, the property owner is attempted to be contacted to determine if a problem has arisen or if circumstances have caused the violation remediation to be prolonged. When valid problems or circumstances have prolonged the violation remediation, the time flame is discussed and an extension may be granted. When a remedy to the LMC violation cannot be reached between the responsible party and the Code Enforcement Officer, a notice to appear in Laurel City Court is issued. Steve stated that, on occasion, some cases encountered are somewhat unique and deviation from the above complaint process is sometimes necessary. The council discussed the complaint process at length. Steve also explained the code regarding junk vehicles. Junk vehicles are addressed in LMC 8.12.030: It is a public nuisance for any person owning, leasing, occupying, or otherwise in charge or control of any premises to keep or deposit on the premises, or to allow to accumulate or remain scattered over the premises, any of the following: 1. Lumber, garbage, rubbish, parts of motor vehicles; or Coun(d Minutes of December 21, 1999 2. Abandoned, discarded or unused objects or equipment such as automobiles, automobile parts, furniture, appliances, cans or containers; unless 3. Such items are in an enclosed building or are so located on the premises so as not to be readily visible from any public place or from any surrounding private property. B. It is a public nuisance for any person owning, leasing, occupying, or otherwise in charge or control of any premises to allow any partially dismantled, wrecked, discarded, abandoned, unlicensed, or otherwise non-operating motor vehicle to be deposited, kept or stored on the premises, unless the vehicle is in an enclosed building or is so located on the premises so as not to be readily visible from any public place or from any surrounding private property. Steve developed the outline of the current complaint process. Alderman Walton suggested that Steve could endeavor to talk with the property owner at the time the complaint site is visited. Alderman Walton also suggested that the wording of the letter of violation could state that the code enforcement officer was unable to find someone at home, if that were the case. He felt that the wording of the letter could possibly be less threatening so that residents would not take of[bnse so quickly. Steve agreed that these changes could be made, but he explained that time constraints usually prohibit him from contacting each individual personally. Alderman Johnson asked when the junk vehicle process interfaced with the county. Steve explained that the city is not directly involved with that program, but he does suggest the option of contacting the Yellowstone County Junk Vehicle Shop if an individual needs help to remove a junk vehicle. Alderman Walton and Mayor Rodgers thanked Steve Klotz for his presentation and his work and consistent effort in code enforcement. Resolution No. R99-60: Resolution releasing the bond for park improvement at Village Subdivision. RESOLUTION NO. R99-60 RESOLUTION RELEASING THE BOND FOR PARK IMPROVEMENT AT VILLAGE SUBDIVISION. Alderman Easton informed the council that the Public Works Committee recommended that this bond for park improvement at Village Subdivision should be released to Ken Tolliver. Since the committee meeting was held on Monday,, December 20, 1999, the minutes were not included in the consent items of this agenda but would be on the January 4, 2000 agenda. Alderman Easton said that the required obligations of the bond were completed. Cat Cumin and the council had a lengthy discussion and there were some questions about whether this is a county- owned park and whether or not the obligations were really met by Mr. Tolliver. Motion by Alderman Temple to table Resolution No. R99-60 for further research, seconded by Alderman Olson. Motion carried 8-0. UNSCHEDULED MATTERS: a. Emergency Services Committee meeting. Alderman Olson mentioned that the Emergency Services Committee would meet on Monday, December 27th at 7:00 p.m. b. Fireworks Display on December 31, 1999. Steve Wegner requested permission to allow the Laurel Fire Department to display fireworks on December 31, 1999. Motion by Alderman Orr to allow the Laurel Fire Department to display fireworks on December 31, 1999, seconded by Alderman Staudinger. Motion carried 8-0. Council Minutes of December 21, 1999 c. Western Heritage Center. Cal Cumin asked if a representative from the City of Laurel was scheduled to attend the Western Heritage Center's project "Cultural Heritage Toufism in the Yellowstone Region: Building Links for Regional Business Revitalization Initiative." Since the information had not yet been distributed to the council, there were questions about the dates and workshops. The correspondence will be distributed before the next council meeting. d. Y2Kconcerns. Mitch Dusette, who was in the audience, expressed concerns about Y2K and he questioned the preparedness of the City of Laurel. Larry McCann explained that the new Water Treatment Plant is Y2K compliant. The computer system at the Waste Water Treatment Plant has been checked, and they are also Y2K compliant. The city has a reserved generator in Billings that would run the Water Plant if necessary, and the pump stations also have emergency generators. Larry does not anticipate any water or sewer problems. If the city lost total power, there might be a low-pressure zone in the Cherry Hills area and above 12th Street because the pressure assisting pumps would not operate, but there would still be water. At this time, Larry stated that we are prepared. Larry has contacted the schools, but he does not know the spec'ffics of how they have prepared. Mayor Rodgers encouraged Mr. Dusette to contact the superintendent' s office with his questions. Chief Musson stated that the FAP Complex is Y2K compliant and personnel would be available if necessary. e. Mayor Rodgers - Recognition for Alderman Walton and Alderman Kroil. Mayor Rodgers presented Alderman Walton and Alderman Kroll with a Certificate of Recognition plaque and thanked them for their years of service to the City of Laurel on the City Council and various committees. Mayor Rodgers wished everyone a Merry Christmas and a Happy New Year. There being no further business to come before the council at this time, the meeting was adjourned at 8:07 p.m. Cindy Allen~ecretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 4th day of January, 2000. Chdrles G. Rodgers, M2yor~/"' Attest: