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HomeMy WebLinkAboutCity Council Minutes 08.01.1995Minutes of the City Council of Laurel August 1, 1995 A regular meeting of the City Council of the City of Laurel, Montana~ was held in the Council Chambers and called to order by President of the Council, Bob Graham at 7:00 p.m., on August 1, 1995. COUNCIL MEMBERS PRESENT: Gay Easton Bob Graham Lonnie Kellogg Ron Marshall Donna Kilpatrick Albert Ehrlick COUNCIL MEMBERS ABSENT: John Minch Chuck Dickerson INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the of July 18, 1995 as presented~ seconded by Alderman Ehrlick. 5--0. regular meeting Motion carried CORRESPONDENCE: Received a letter from Todd and Michelle Linder, The Design Hair and Tanning Studio, regarding paying their 1995-96 business licence under protest. Received a letter from John H. Smith, D.D.S. regarding the July 4th carnival in downtown Laurel. Received a letter from the Public Service Commission regarding a public hearing on August 2nd at 7:00 p.m. in the Council Chambers about the extended area service for telephone service between Laurel and Billings. Received a memo from Water Quality Bureau regarding construction grants. Alderman Graham commented on Dr. Smith's letter and suggested that next year the council consider whether or not the city would want the carnival back or to consider different locations. There have been other complaints received besides Dr. Smiths regarding the carnival. CLAIMS: Claims for the month of July were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve all claims in $3877072.50 for the month of July, seconded by Alderman Easton. 5--0. the amount of Motion carried CITY CLERK'S & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's & City Treasurer's financial statements for the month of June were presented. Motion by Alderwoman Kilpatrick that the City Clerk's and City financial statements for the month of June, 1995, be approved, Alderman Ehrlick. Motion carried 5--0. seconded by AUDIT REPORT 1993-94: Motion by Alderman Marshall to adopt the 1993-94 audit report from Sam Boggess & Associates, seconded by Alderwoman Kilpatrick. Motion carried 5--0. DAVID CARTE - REGARDING HOUSE AT 1819 WEST MARYLAND: David Carte, 1731 West Maryland and Tom Paxinos, 1800 West Maryland addressed the issue regarding the home moved into the Hudson Subdivision which violates the subdivision covenant and city zoning code. There are other home owners in the subdivision who would like to see the home removed because of the violations. They feel every home owner should abide by the same rules and fear that their property values are not safe. David Carte presented a petition to support the enforcement of the Laurel area zoning ordinance and the use of the uniform building code to determine housing criteria for residential zones. This was signed by eight out of thirteen home owners who are against the home. Three home owners are for the home and two are non-committed. Tom Paxinos read a letter that he and his wife wrote to the members of the Minutes of the City Council of Laurel Page 2 Council Meeting of August 1, 1995 resent or discriminate against the family~ but it is the trailer they have moved into the peaceful neighborhood that we are objecting to." Sue Blaskovich, 1740 West Maryland, read a letter written by her husband to the representatives of the Laurel City County Planning Board. The letter stated that 3ust because siding and asphalt singles have been put on a roof and it's being called a manufactured home, doesn't change the fact that it's a trailer. The last half was moved in on wheels and had a Fleetwood emblem on the side. The undercarriage has metal beams like a trailer, it had a trailer hitch for towing and the walls are not standard 8 foot walls. Whether it's called a manufactured home or a mobile home~ it does not meet the Laurel city-county standards for the modular home and is considered a trailer. Rick stated in his letter that the individuals who set up the trailer were told prior to moving in, that by Laurel standards their manufactured home was considered a trailer and that the neighborhood they were moving into had a covenant which prohibited trailers. They have chosen to ignore registered letters from the city and continue to add onto the trailer. Rick feels trailer manufacturers are opposed to meeting standards, because if they can get manufactured homes (trailers) classified the same as modular homes then they could sell a trailer for every block and sales would jump over night. Dale Wallila, 1818 West Maryland~ pointed out that what is upsetting to him is that he reads of the innocence portrayed by the owners who moved the trailer into the subdivision. He did some inquiring and called a local trailer sales and explained that he had a piece of property and the subdivision covenant stated that he could put a modular home on it. However, he would like to purchase a double wide trailer to put on a foundation. The salesman assured him that it would not meet the standards and not to try it because those within the subdivision would make him move it off. This was only a phone call but if it was his property he would have definitely looked into it more. Dale stated he has nothing against the owners of the home, but they are not the only ones that have invested a lot of money into their home. Ruby Hanson, 1747 West Maryland, stated that Terry and Kristi O'Toole's home is considered a manufactured home. It is appraised~ financed~ insured and taxed as a stick built home. The neighbors are considering it a mobile so it will have to be moved, which she feels is wrong. The O'Toole's received a registered letter from the city and then Kristi went to talk to Mr. Cumin. Ruby pointed out Mr. Paxinos' home was the second home in the neighborhood. The first home was a Boise Cascade on West Ninth within two blocks. There is also a Kober manufactured home. None of the homes have to be a standard price and everyone has invested a lot into their homes. She noted that before the last council meeting Mr. Leckie and Mr. Cumin had received a letter from the state and the federal government stating that they could not discriminate against the O'Toole~s manufactured home. Ruby had with her a copy of a letter to Mr. Leckie from Montana Manufactured Housing and RV Association. She read a portion of the letter that stated it was their conclusion that after reviewing all the factors~ the manufactured home in question should be allowed to stay in its present location. Ruby brought with her pictures of other home owners in the subdivision who she considers also break covenants. One was of a home with weeds and messy looking trash cans out in view. Another home has a utility trailer and a travel trailer in their front yard. A third was of a home which broke a restriction that reads no signs~ bill boards, or advertising. She had a picture of a modular home which is next to theirs. Her husband was against this home when it was moved in but didn't petition to get the owners to move. She stated the neighbors knew the O~Toole home was being put in long before they said they did. She had told Mr. Carte before the basement was dug and he said he hoped not. When her husband told Hr. Paxinos~ he went to call the previous owner of the lot and tried to buy it. He found out the O'Tooles had already bought it. This could be verified by his phone bill or the previous owner. She also had a picture of the Boise Cascade home which was the first home in the subdivision and it is very neat. She feels there is nothing wrong with having a manufactured home. It is not a trailer. Those that finance, tax~ and insure it say it is a stick built home. Minutes of the City Council of Laurel Page 3 Council Meeting of August 1, 1995 Alderman Graham made a comment before the question was answered. He noted that the copy of each letter she has given to the council will be put in public record. He asked Mr. Leckie to explain what the city has done concerning this issue first and then answer Mrs. Hanson's question. Joe Leckie stated that in terms of doing research on enforcement of the city ordinance in regards to that structure, he looked at definitions of mobile homes, manufactured homes, and modular homes. He looked at the standards of the uniform building code and HUD code. He felt there was significant confusion on the definitions and enforcement of the city's zoning ordinance in regards to those different homes. He, therefore~ requested an Attorney General's opinion regarding the enforcement of the city zoning ordinance for all structures within certain zones, particularly this zone. This would determine whether the city could enforce the uniform building code or whether the city would be limited to just the HUD standard for manufactured homes. He has done this so the City of Laurel will have a clear direction as to which way it could and should go. Tom Paxinos explained that he spoke to the people who were putting in the foundation and asked what type of home was being built and they wouldn't give him an answer. When one half of the trailer was moved in, he inquired again by asking if it was a modular home or a trailer and he still could get no answer. When the front half was moved in, it had a Fleetwood emblem on the front of it. He then went to Pierce Homes and found out the difference between a double wide trailer and a modular is $15,000.00 and other differences. He was told by the salesman that if he moved a double wide into a subdivision he would most likely have to remove it. If he was to update it,. it would cost him more than buying a modular home. Tom spoke regarding the covenants that were said to have been broken by other home owners in the subdivision. These could be rectified easily. He testified to the picture of the sign that was in his yard. There were friends of the family visiting from out of state and he insisted they stay at his home instead of a motel, so he made the sign and put it in the front yard so they could find his home. Cal Cumin noted that the council can do nothing about the covenants that are being discussed. The covenants are only enforceable within the Hudson Subdivision. He also pointed out that the city ordinance requires all residential districts in Laurel, except the residential mobile home district, meet the Uniform Building Code. This is Laurel's building code and Montana's building code. The home at 1819 West Maryland does not meet the code and this is the point of contention. There is nothing they can do to make it meet the code. The papers that Mrs. O'Toole gave to him did not state that they met the Uniform Building Code. They meet a separate code which is tile Manufactured Housing and Mobile Home Code. This is supported by HUD and that is what presents the problem. The double wide mobile home violates the city zoning ordinance. The problem facing the council, planning board, and the City of Laurel~ is that the federal government has decided that their housing code takes priority over our code. This is the issue the City Attorney is working on now. Ruby Hanson stated that the home is still a manufactured home and not a trailer. She said there are federal and state laws that say there can be no discrimination. The O~Toole~s are not trying to break the city ordinance. They were told that a manufactured home passed the federal and state laws. They probably should have :inquired about the city ordinance but were unaware of it until they received a letter from Mr. Cumin. Ruby asked each council member if they had driven by the home and looked at it. She stated that Mr. Cumin was phoned by Mrs. Perrigo and told it was horrible that he wanted to move the O'Tooles out of their home. Mrs. Perrigo said that Mr. Cumin implied that it was a pig pen. She noted that the Pledge of Allegiance says for liberty and justice for all. She doesn't think the O~Tooles are being given any justice. Nicole Perrigo, 420 Maple, questioned the fact that when she got the loan for her home, she was told her home only met the HUD standards. She hopes she doesn't also have to move it because it doesn't meet the other codes. Alderman Graham stated that it probably met the HUD and UBC codes. Sue Blaskavich replied that they would move the trailers in front of their home to abide by the covenant. The issue isn't whether it's a pig pen or whether Mr. Leckie or Hr. Cumin's integrity is at stake, but an issue of whether or not the home is a trailer or a mobile home. Minutes of the City Council of Laurel Page 4 Council Meeting of August 1, 1995 chief, fire chief, city/county planning director or city engineer that does it. This is sometimes done contrary to their own feelings. It is not done to hurt anyone's feelings or cause controversy, but they do it because that is what they are getting paid to do. The council passes ordinances and resolutions and these have to be enforced. In this case~ there is a violation of a city ordinance. It is the duty of the city council to enforce the regulations and it is not meant to be a personal issue. Terry O'Toole, 1819 West Maryland, is the owner of the manufactured home. It has the title of a manufactured home and is insured as a manufactured home. The federal and state governments define it as a manufactured home. He stated his home is not a mobile home and should have none of the restrictions of a mobile home. Alderman Marshall stated that when the taxes are due may determine if it is a mobile home. Mobile home taxes are due in April. Terry replied it is taxed the same as a stick built home, a modular home, or a manufactured home. Terry stated they hired another person to do the background work for them. She called the city to see what permits were needed and was told there were no permits needed. Maybe it was assumed they were out of the jurisdiction of the city. They checked into the federal and state laws and were told the home could be moved in. They didn't know there would be complications with the city. The council recessed from 7:47 p.m. to 7:53 p.m. PUBLIC HEARING - SEWER RATE INCREASE: Opponents: Lia Keller, 707 Locust Avenue, is not really against the sewer rate, but had sewer back up in her home which did a great deal of damage to the furniture, carpets, walls and floor. She would like to know that if the sewer rate is increased, would the city guarantee that something could be done to prevent further sewer back up problems or provide compensation for when the damage is done to her home or anyone elses. Jim Flisrand stated that the claim was turned into the city insurance. It is out of city hands as far as responsibility for the damage or maintenance. The insurance company was against this claim. Alderman Graham mentioned that there will be nothing in the increased sewer rate to change this particular point. Kristine Kerr, 703 Locust Avenue, also had sewer back up damage to her home. She is against any increased sewer rate if there can be no safeguard measure installed to prevent this from happening to their homes. Lia Keller reported that the backup ran into their homes for hours and there should have been some kind of shut off. They had to shovel and dispose of all the backup into their backyards. They feared for any contamination that might be in it and the affect it would have on their families. She is hoping for some kind of maintenance feature to be installed in the sewer line to prevent or control future backup problems. She replied that nothing was done at the time and it ran for hours. Alderman Graham suggested that they could hire a plumber to put a check valve into their sewer line to stop the backup when it happens. Lia and Kristine have inquired into this. It is expensive and requires jack hammering the floor or digging up the back yard. They have received conflicting letters from the company that the insurance carrier hires to determine payment of the claims. They would like to know what they can do or what can be done if this should happen again. Alderman Graham also suggested that they take this type of complaint 'to the Public Utilities Committee and they may be able to help. The next meeting will be Monday, August 14th at 5:30 p.m. Lia asked if the sewer rate is increased, will the city sewer be improved? Alderman Ehrlick replied that the sewer rate is for the cost of the chemicals and supplies used at the sewer plant. Proponents: Dave Michael handed out information pertaining to the sewer rate increase and Minutes of the City Council of Laurel Page 5 Council Meeting of August 1, 1995 surplus revenue is not sufficient enough to satisfy the sewer bond requirements of $2~000.00 per month cash transfer to a replacement and depreciation account, which is a non-budget item. The rate increase will guarantee sufficient revenues and expenses in the near future. The city needs to have an engineering consultant investigate the sewer plant and systems as to what modification or expenses will be needed in the future. The Utilities Committee needs to prepare and implement a rate increase study to fund the proposed improvements when needed in the future. At the sewer plant, the city is looking at possibly another train of RBC's additional clarifiers and more drying beds or other means of disposing of the sludge. Within the sewer system, they are looking at repairing or replacing manholes and sewer mains as needed. Therefore, the sewer rate increase is needed at this time to meet the sewer fund expenses. The Utilities Committee needs the engineering study of the sewer plant and systems to prepare and implement a rate increase to fund the needed improvements in the future. Motion by Alderman Marshall to close the public hearing on the sewer rate increase, seconded by Alderwoman Kilpatrick. Motion carried 5--0. SEWER RATE INCREASE: RESOLUTION NO. R95-37 A RESOLUTION RAISING CITY SEWER RATES AND CHARGES SO AS TO INCREASE TOTAL ANNUAL REVENUES NOT TO EXCEED .9% Motion by Alderman Marshall that Resolution No. R95-37 be passed and adopted, seconded by Alderman Ehrlick. Motion carried 5--0. PUBLIC HEARING - 1995-96 PRELIMINARY BUDGET AND TAX RESOLUTIONS: Public Hearing - No comments. Motion by Alderman Ehrlick to close preliminary budget and tax resolutions, Motion carried 5--0. the public hearing on the 1995-96 seconded by Alderwoman Kilpatrick. The council members received the changes to the preliminary budget adopted July 18, 1995. Dave Michael noted the increase in revenue and expense for the Park and Recreation. The program was greatly expanded this year. The revenue off-sets the expenses. Alderman Graham stated that the changes to the preliminary budget were reviewed and approved by the Budget/Finance Committee. Motion by Alderman Marshall to approve the changes to the 1995-96 preliminary budget as presented, seconded by Alderwoman Kilpatrick. Motion carried 5--0. The final budget and tax resolutions will be adopted at a special council meeting Monday, August 7, 1995 at 7:00 p.m. COPS GRANT: RESOLUTION NO. 95-38 AUTHORIZATION TO APPLY FOR COPS UNIVERSAL HIRING PROGRAM Motion by Alderwoman Kilpatrick that Resolution No. 95-38 be passed and adopted, seconded by Alderman Marshall. Mike Atkinson explained that the COP Grant is a federally funded law enforcement grant. After three years, the city either keeps the ninth officer or lays him cfr. There are funds in the 1995-96 budget to match the grant funds. Mayor Rodgers stated that the next grant program is for equipment which matches 10% for police department cars, computers, or safety equipment. It is important to apply for these grants. The city does have to inform the federal government that after three years the city has the financial capability to keep the officer Minutes of the City Council of Laurel Page 6 Council Meeting of August 1, 1995 It gives the city a break with a lower percentage the first year and increases little the second and the third year. The federal government pays ?5% and the city pays 25% over the three year program. Vote was taken on the motion. Motion carried 5--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of July 18, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to charge a $5.00 fee for a copy of the audit report, seconded by Alderman Easton. Motion carried 5--0. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of July 18, 1995, into the record, seconded by Alderman Easton. Motion carried 5--0. --Budget/Finance Committee minutes of July 25, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of July 25, 1995, into the record, seconded by Alderman Easton. Motion carried 5--0. --City Council Committee of the Whole minutes of July 18, 1995 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of July 18, 1995, into the record, seconded by Alderman Ehrlick. Motion carried 5--0. --Laurel Airport Authority minutes of May 23, 1995 and June 27, 1995 were presented. Motion by Alderman Ehrlick to enter the Laurel Airport Authority minutes of May 23, 1995 and June 27, 1995, into the record, seconded by Alderman Marshall. Motion carried 5--0. --Laurel Local Governmental Review Commission minutes of July 13, 1995 and July 27, 1995 were presented These minutes are for informational purposes only. Motion by Alderman Marshall to enter the Laurel Local Governmental Review Commission minutes of July 13, 1996 and July 27, 1996, into the record, seconded by Alderman Kellogg. Motion carried 5--0. --Park Committee minutes of July 27, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of July 27, 1995~ into the record, seconded by Alderman Kellogg. Motion carried 5--0. --Public Utilities Committee minutes of July 10, 1995 were presented and reviewed. SEWER HOOKUP - AL HICKS: A1 Hicks, East Railroad Street, would like to hookup his sewer line to the city sewer. It is the only one on East Railroad that is not hooked to city sewer. In 1948, there was an agreement between Burlington Northern and the City of Laurel to hook up the home owners on East Railroad. It doesn't say anything about additional hookups. The home owner of the property that A1 Hicks now owns didn't have the sewer hooked up because of expense. Jim Flisrand stated the reason it was brought to the Utilities Committee is that the direction of all new hookups, whether water or sewer, is not permissible as far as the staff is concerned but does need to go to the committee and council for final review. The ordinance does state that no water or sewer service is allowed to be connected outside the city limits. There are some existing hookups grandfathered in, both water and sewer. Alderman Kellogg stated that the city did extend water service to Jack Roma and the council voted 7--1 with himself voting against it. He does not believe in extending city water or sewer services outside the city limits. In fairness to A1 Hicks, he wants to point out that the city has done it in the past. Jim restated that the staff cannot approve the sewer hookup, but it has to go to the committee and the council for consideration. A1 Hicks is asking for the council's approval because the public works staff cannot approve it. Minutes of the City Council of Laurel Page 7 Council Meeting of August 1, 1995 though he didn't own the house at the time. It was the decision of the home owner at that time not to hook up to city sewer. This is not an additional request, but to finish the agreement back in 1948. Alderman Graham pointed out that the city did make Mr. Schwenneker go to the expense of putting in his sewer line~ but his was in the city. Alderman Marshall noted that it wasn't the same situation. Mr. Schwenneker had to bring the sewer line up to his property where as A1 Hicks' sewer line is rSght there on the property. In either case, both property owners would have to pay all associated costs. A1 Hicks does understand that the cost would be his. Motion ~v- Alderman Marshall to allow A1 Hicks to hook his property on East Railroad onto city sewer service at his cost. Motion died for lack of second. WATER LINE - MIKE HOFFMAN: Motion by Alderman Marshall to allow Mike Hoffman a separate commercial for his greenhouse. Motion died for lack of second. 'tap Motion by Alderman Ehrlick to enter the Public Utilities Committee of July 10,1995, into the record, seconded by Alderman Marshall. Motion 5--0. minutes carried COMMENTS FROM THE AUDIENCE: A1 Hicks asked to be on the agenda for the Public Utilities Committee on Monday~ August 14, 1996. APPOINTMENTS: The Mayor appointed Dan Hopper as ambulance attendant. Motion by Alderman Ehrlick to confirm the Mayor's appointment of Dan Hopper as ambulance attendant, seconded by Alderman Marshall. Motion carried 5--0. Donna Kilpatrick would like to extend her service on the Library Board by five years. Motion by Alderman Ehrlick to confirm the Mayor's appointment of Donna Kilpatrick to the Library Board, effective through June 30~ 2000~ seconded by Alderman Marshall. Motion carried 5--0. MAYOR'S COMMENTS: Alderman Graham complimented the ci'ty staff on all the work they do. There being no further business to come before the Council at this time, the meeting was adjourned at 8:34 p.m. Donald L. Hackmann, City Clerk by the City Council of the City of Laurel, this 5th day of September~ Approved by the Mayor and passed Montana, Attest: Donald L. Hackmann, City Clerk