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HomeMy WebLinkAboutCity Council Minutes 07.18.1995Minutes of the City Council of Laurel July 18, 1996 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 July 18, 1995. COUNCIL NE~BERS PRESENT: John Minch Bob Graham Lonnie Kellogg Albert Ehrlick Gay Easton Chuck Dickerson Ron Marshall Donna Kilpatrick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of July 5, 1995 and the special meeting of July 6, ]996, as presented, by Alderwoman Kilpatrick. meeting seconded Motion by Alderman Dickerson to amend the minutes on the vote for adoption of Resolution No. R95-24 to reflect Alderman Kellogg as abstaining from the vote, seconded by Alderwoman Kilpatrick. Motion carried 6--1, with Alderman Kellogg abstaining. A vote was taken on the original motion, as amended. Motion carried 7--0. CORRESPONDENCE: Received a letter from Linda McNabb regarding two driveways at 517 Fairview Lane, one with access to Twelfth Street West. Received a memo from the City of Billings regarding a landfill users summit meeting at 10:00 a.m. Tuesday, July 11, 1995. Received the 1994-95 annual report from the Laurel Police Reserves. They volunteered a total of 2,650 hours the last fiscal year. 1993-94 Audit Report: Paul Strom, representing Sam Boggess and Associates, commented that it was a good audit. One recommendation made to the council was regarding bad debts. It was suggested that the council, establish a bad debt policy regarding ambulance charge offs and other city funds, such as water, sewer, garbage, etc. Bob Graham recommended that the council members review the audit report and present any questions at the next council meeting. Paul will be available at the next meeting, August 1st, for questions. Adoption of the audit report will be put on the August 1st agenda. ISSUANCE OF BONDS FOR SID #110: RESOLUTION No. R95-27 RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS AND THE SALE THEREOF, THE PROCEEDS OF SAID SALE TO BE USED IN MAKING PAYMENT TO THE CONTRACTOR OR CONTRACTORS OF SPECIAL IMPROVEMENT DISTRICT NO 110 AND THE COSTS OF CREATING SAID IMPROVEMENT DISTRICT Motion by Alderman Marshall that Resolution No. R95-27 be passed and adopted~ seconded by Alderman Kellogg. Motion carried 7--0. BIDS AND CONTRACT FOR CONSTRUCTION FOR SID #110: RESOLUTION No. R95-28 A RESOLUTION PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO 110 Motion by Alderwoman Kilpatrick that Resolution No. adopted, seconded by Alderman Easton. R95-28 be passed and Bids will be submitted to the City August 8, 1995, and all bids will be Council Chambers during the Street August 8, 1995. Clerk no later than 5:00 p.m. on Tuesday, opened in public at 5:10 p.m. at the City and Alley Committee meeting on Tuesday~ Minutes of the City Council of Laurel Page 2 Council Meeting of July 18, 1995 Vote on the motion to pass and adopt Resolution No. 295-28 was taken. Motion carried 7--0. ENCROACHMENT PERMIT AT 520 COTTONWOOD: Jim Flisrand explained that when a home is sold it is necessary for the lots to be surveyed and assure that the homes are built on private property. It was determined~ in this case, that part of the home was on city property. The building was done approximately in the 50's or 60's. An encroachment permit is necessary to sell the home. A fifty dollar application fee is assessed and a fifty dollar annual fee is required. If the addition that is encroaching on city property was removed~ than the fee would cease. Motion by Alderman Kellogg to approve the encroachment permit at 520 Cottonwood, seconded by Alderman Marshall. Alderwoman Kilpatrick asked how this encroachment permit will be passed on to a new owner of the property? Jim replied that the title the sale of the house and structure exists. company would require an encroachment permit before an annual fee would also be required as long as the Alderman Marshall inquired on the type of structure that is setting on city property. Jim stated the structure is the home, all the way to the onto the city right-of-way. property. a house that had an addition built on the side of sidewalk. This put the structure eighteen inches Eighteen inches by fifteen feet is located on city Vote was taken on the motion. Motion carried 7--0. RESOLUTION AUTHORIZING BUDGET TRANSFERS: RESOLUTION NO. R95-29 BEING A RESOLUTION AUTHORIZING A BUDGET TRANSFER OR REVISION Motion by Alderman Marshall that Resolution No. R95-29 be passed and adopted, seconded by Alderman Minch. Motion carried 7--0. ADOPT PRELIMINARY BUDGET & TAX RESOLUTIONS: Public hearing will be held on the preliminary budget on August 1st. A special council meeting will be held on August 7th to adopt the final budget. Motion by Alderwoman Kilpatrick to adopt the 1995-96 preliminary budget, seconded by Alderman Easton. Motion carried 7--0. RESOLUTION NO. R95-30 BEING A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSES FOR THE CITY OF LAUREL, MONTANA, FOR THE FISCAL YEAR BEGINNING JULY, 1995 Motion by Alderman Dickerson that Resolution No. R95-30 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. RESOLUTION NO. R95-31 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN THE CITY OF LAUREL, MONTANA, FOR SNOW REMOVAL, PLOWING, AND STREET MAINTENANCE Motion by Alderwoman Kilpatrick that Resolution No. R96-31 be passed and adopted, seconded by Alderman Dickerson. Motion carried 7--0. RESOLUTION NO. R95-32 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHT NO. 2 OF THE CITY OF LAUREL, MONTANA, WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE Minutes of the City Council of Laurel Page 3 Council Meeting of July 18, 1995 Motion by Alderman Marshall that Resolution No. R95-32 be passed and adopted, seconded by Alderman Minch. Motion carried 7--0. RESOLUTION NO. R95-33 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT LIGHT NO. 3 OF THE CITY OF LAUREL, MONTANA, WITH THE ENTIRE COST OF MAINTENANCE AND ELECTRICAL CURRENT FOR THE YEARs 1995-96 Motion by Alderman Dickerson that Resolution No. R96-33 be passed and adopted, seconded by Alderwoman Eilpatrick. Motion carried 7--0. RESOLUTION NO. R95-34 BEING A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN STREET SWEEPING DISTRICT NO. 1, OF THE CITY OF LAURELs MONTANA, FOR THE PURPOSE OF THE SWEEPING OF STREETS IN THE DOWNTOWN OR BUSINESS DISTRICT Motion by Alderman Marshall that Resolution No. R95-34 be passed and adopted, seconded by Alderman Dickerson. Motion carried 7--0. RESOLUTION NO. R95-35 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 98 OF THE CITY OF LAUREL, MONTANA, WITH THE COST OF CURB, GUTTER, PAVING, SIDEWALK, SANITARY SEWER AND WATER LINE IN NUTTING BROTHERS SUBDIVISION Motion by Alderman Dickerson that Resolution No. R95-35 be passed and adopted, seconded by Alderman Marshall. Motion carried 7--0. RESOLUTION NO. R95-36 A RESOLUTION LEVYING AND ASSESSING ALL OF THE PROPERTY EMBRACED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 100 OF THE CITY OF LAURELs MONTANA, WITH THE COST OF CURB~ GUTTERs PAVINGs WATER & SEWER IN MOGAN SUBDIVISION Motion by Alderman Dickerson that Resolution No. R95-36 be passed and adopted, seconded by Alderman Marshall. Motion carried 7--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of July 5, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of July 5, 1995, into the record, seconded by Alderman Easton. Motion carried 7--0. --City Council Committee of the Whole minutes of July 5, 1995 were presented. Motion by Alderman Dickerson to Whole minutes of July 5, 1995, into Motion carried 7--0. enter the City Council Committee of the the record, seconded by Alderman Minch. --City-County Planning Board minutes of July 13, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the City-County Planning Board minutes of July 13, 1995s into the record, seconded by Alderman Dickerson. Cal Cumin reviewed the Smith Subdivision and the Little Dude Ranchettes preliminary plat and zone changes. He commented that the owner of Alder Ridge would like to obtain a piece of property known as Fox Pit~ in the northwest corner of Alder Ridge Mobile Park to expand the park and build a large building on it to store machinery. In other business, Cal stated there were two zoning violations. One complaint stating Richard Barnhardt is keeping horses in a shed behind his business. Re is Minutes of the City Council of Laurel Page 4 Council Meeting of July 18, 1995 district and Cal has been directed to write a letter regarding this zoning violation. Cal reported a certified letter was mailed today. The other zoning violation is at 1819 W. Maryland which is in the one mile jurisdictional area of Laurel. Terry O'Toole purchased a mobile home and moved it onto a permanent foundation in Hudson Subdivision off of Laurel Golf Course road. There are some very nice homes in that area and this is a zoning violation according to city ordinances. Pierce Homes and the owners are pursuing this issue because of their investment in the house and the fact that they are living in it. Cal sent them a letter as soon as he found out about it, but they had already been living in the house five days. There is a garage being built next to the home. They are aware that the city views that as a violation. Cal has consulted with the City Attorney who has received correspondence from Pierce Homes stating the home is in compliance with the applicable prevailing standards of the U.S. Department of Housing and Urban Development {HUD Code). A letter has also been received from the U.S. Department of Housing and Urban Development (HUD Code) which states that the city cannot discriminate against manufactured houses. Cal stated there is a city ordinance where the city is trying to keep stick built homes and single family houses in certain areas of the community with mobile homes and manufactured homes in other parts of the community. The federal government seems to be adamant in changing the regulations in compliance with the city ordinance. Joe Leckie commented that the issue is still being looked into. It appears the federal government requires that a home meets HUD codes and manufactured homes fall in this classification. State and local governments are preempted from changing the requirements and being more stringent in the classification of a manufactured home. A modular home could be put in this subdivision under the current zoning, but not a mobile or manufactured home. Cal stated that the city has clarified the issue of what designates a home as a modular, a factory built, a move on or a mobile. If the home meets the uniform building code, then Laurel allows it to go in any residential district. The federal government is now saying that the city must allow manufactured homes that do not meet the uniform building code. They meet HUD housing codes but not the city's uniform building code. They are saying the city has to allow homes that meet the HUD housing code any place in town. The home that was moved in at 1819 Maryland does not meet the uniform building code. The city cannot inspect every home by checking wall densities or window standards so they ask that it meet the uniform building codes. If it does meet these uniform building codes, then it is allowed under the city ordinance. Modular homes purchased from Pierce Mobile Homes come with a certificate on them that verifies the home meets the uniform building code and therefore is allowed in any residential zone in Laurel. Pierce is being adamant and feels Laurel should allow this manufactured home. Cal commented that the city cannot fight the federal government. He feels that the home owner will get assistance from Pierce Mobile Homes and Manufactured Homes Assoc. of Montana. The state law has also been passed saying there cannot be discrimination against manufactured housing. The city may be taking on the state as well as the federal government. Cal is going to continue to work on this and will keep the city council informed. He feels the residents in Laurel have indicated how they would like their city laid out and he can't believe they would allow the federal government to say they can't do that. Ruby Hanson, 1745 West Maryland, spoke in favor of having the manufactured home moved into the subdivision. The owner of the new home is her granddaughter. Ruby commented that Cal stated West Maryland was a $260,000.00 neighborhood and she disagreed. She stated that there is a modular, Boise Cascade home and inexpensive split levels in the neighborhood. She noted she doesn't live in a $250~000.00 home. Her point is that it is a manufactured home, but it is prettier than $100,000.00 homes. The neighbors may not like the yard, but it is not completed. The owners have written to the state and federal government. The federal government states that the city cannot discriminate against this home. She commented that some of the neighbors would 15ke to think they are pretty fancy and may not like to have the home in the neighborhood. The other half say they are satisfied with the home. She is asking if the city is going to fight the federal government, who will pay for it? Bob Graham stated that at this time the city is not going to fight but wait and see what progresses from it. Ruby asked Cal to read the letter from Washington D.C. stating that this home Minutes of the City Council of Laurel Page 5 Council Meeting of July 18, 1995 granddaughter. He wants the house moved and wouldn't look at her papers from Pierce Mobile Home. He told her she lives in a very explicit neighborhood. Ruby feels he has done them and their home an injustice. Alderman Dickerson suggested that she get a petition with addresses of neighbors that are for or against it. The council to make any further decisions. signatures and may look at it Ruby stated Cal knows who is against it. She replied that he or one of his employees put letters in the mail boxes of those five people~ which is illegal to put anything in mailboxes. She had no copy of the letter because it just went to the people against it. Alderwoman Kilpatrick spoke in favor of Cal Cumin who is enforcing the city ordinances. This is his job which the city hires him for. She isn't happy with the federal government telling the city what they can or cannot do. Bob Graham told Ruby that if they get a petition signed saying that the subdivision wants manufactured homes, then the zoning could be changed. The council will take it under advisement and act on it. This would prevent fighting the federal government and deal with the issue by subdivisions. Cal was asked to read his letter from the federal government. Cal stated he was not given a copy of the letter but he did read it at Joe Leckie's office. It basically says that the city cannot discriminate against manufactured housing. Cai pointed out he was not rude to Mrs. O'Toole. She had a letter from Pierce Mobile Homes and a copy is attached to the City-County Planning Board minutes. He said he pointed out to Mrs. O'Toole that, according to existing zoning violations, the home did not meet the uniform building codes. The letter from Pierce does not acknowledge the issue that the home must meet uniform building codes. Pierce can state that the home is certified under uniform building codes as they do with their modular homes. Ruby Hanson mentioned that she and her husband had told two very prominent neighbors that the home was being put in the neighborhood. She feels the neighbors had a chance to complain before it was moved in and not now after the owners have put every cent they have into the home. Bob Graham stated the proper procedure would have been for the owners to approach the city council or city engineer and ask if the home would pass the building codes of Laurel. He told Ruby she has been given two alternatives. One is to work on getting the zoning changed in the subdivision. The second is that it could end up in long litigation and her granddaughter will be put through more emotional trauma in the process. He suggested she get the petition and bring it back to the council. Ruby Hanson invited the council members to go and view the manufactured home at 1819 West Maryland and see how beautiful it is. Cal stated for the record that he was not on West Maryland stuffing mailboxes. A vote was taken on entering the City-County Planning Board minutes of July 13, 1995, into the record. Motion carried 7--0. --Laurel Local Governmental Review Commission minutes of June 27, 1995 were presented. Alderman Marshall stated that these minutes are for informational purposes. Motion by Alderman Marshall to enter the Laurel Local Governmental Review Commission minutes of June 27, 1995, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. --Park Committee minutes of July 3, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to grant the request by the Easter Seal Foundation to use Riverside Park for a fund raiser that would involve several 30' lighted displays at Christmas during the month of December, seconded by Alderman Easton. Motion carried 7--0. Discussion regarding the 10 p.m. curfew in the parks. The current curfew is 12 midnight to 6 a.m. during which time the parks are closed. Alderman Dickerson asked Captain Rick Musson if this would put an extra burden Minutes of the City Council of Laurel Page 6 Council Meeting of July 18, 1995 He stated no with the only problem being baseball games or scheduled activities in the park. It was suggested there could be an exception for an organized event. Alderman Kellogg asked what the amount of complaints have been from 10 p.~, to 12 p.m.? Is there vandalism going on in this period of time? What is the basis for changing the curfew? '~- Alderman Minch stated the call he received was pertaining to transients and the complaint was that they were sleeping over night. This is a violation because of being in the park after midnight. Alderman Kellogg would suggest a public hearing be held before any decisions are made. Those people associated with baseball and sports or organized events may feel they don't want their parks limited at an earlier time, even if there are exceptions for them. Bob Graham recommended that the Park Committee take this issue under advisement by running editorials and call for a public hearing before the council takes action. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of July 13, 1996, into the record, seconded by Alderman Minch. Motion carried 7--0. --Police Committee minutes of July 7, 1996 were presented and reviewed. Motion by Alderman Kellogg to enter the Police Committee minutes of July 7, 1995, into the record, seconded by Alderman Dickerson. Motion carried 7--0. --Public Utilities minutes of June 12, 1995 were presented and reviewed. Motion by Alderman Dickerson to enter the Public Utilities Committee minutes of June 12, 1995, into the record, seconded by Alderman Marshall. Alderman Marshall commented on the water deposit being $25.00. He noted that when a customer's water bill is delinquent or reaches a point when it is shut off, the water portion of their bill is approximately $25.00 and the deposit is almost adequate. With the increase of the water rates in the future, Jeanette Dolecheck presented a proposal to increase the water deposit required for new customers to $50.00. Bob Graham suggested that the water deposit be increased to $75.00 which would be adequate for a delinquent bill. This will be considered when the rate increase goes into effect. Alderman Dickerson asked if the water deposit is returned to the customer when they move and the bill is paid? The policy is to either return the deposit to the customer or apply it to their final bill. The city keeps a record of the deposits. Vote was taken on the motion. Motion carried 7--0. --Street & Alley Committee minutes of July 6, 1996 were presented and reviewed. Motion by Alderman Easton to enter the Street & Alley Committee minutes of July 6, 1995, into the record, second by Alderman Dickerson. Alderman Easton asked Jim Flisrand if he consulted with the City Attorney about the bids for street materials? Jim stated that a council meeting was held after the Street and Alley Committee meeting. Bids were accepted for petroleum products~ liquid-asphalt, and cold-asphaltic plant mix. Two bids were received for street materials and it was recommended that the city rebid for the street materials which is being done. Vote on the motion was taken. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Alderman Dickerson asked Jim if the city ownership for the property adjacent to the Murray Heights? is closer in resolving the issue of foot bridge that is located next to Jim has spoken to Mr. Murray and he is willing to sign the property over to the city if the city chooses to obtain the triangular piece of property directly south of the bridge. Mr. Murray did cut the weeds on the triangular piece of property that he owns. Jim stated he will meet with Joe Leckie and a committee to consider acquiring this property. Minutes of the City Council of Laurel Page 7 Council Meeting of July ~8, 4995 In regards to the foot bridge, it is recommended to find out whose responsibility it is within the county. ~ state law references this and a letter will be submitted to the County Commissioners. He is waiting for a response back from the state. Alderman Dickerson understood letters were sent out to property owners regarding weeds and he stated that the weeds have not been cut by Mr. Murray. Jim stated earlier that Mr, Murray had :cut the weeds on the triangular piece of property, The property owner to the west of the triangular piece of property has his fence set in on his property by approximately two feet. Two feet of the weeds are his responsibility. The weeds along the side of the street either belong to the ditch company or the city depending on the radius from the center of the ditch. The remaining weeds belong to the ditch company or the county, Jim noted that the weeds have been cut on the First Avenue property that was addressed. Alderman Dickerson asked if the ditch company must address weeds? Jim stated this is a separate issue as to whether or not the city can enforce this, He will need to discuss this with Joe Leckie. Alderman Dickerson asked if the county must address the weeds within the county? He is very concerned with children coming onto Twelfth Street and traffic not being able to see them. Jim stated that the vegetation east of the ditch, within the county, is not considered a weed that needs to be cut by the county. It has to be a special type of weed before the county requires it to be cut. Jim replied he will meet with Joe as far as obtaining the property from Mr. Murray. Perhaps something can be built along there to slow the traffic or have pedestrians or bicyclists that come across the bridge stop before approaching Twelfth Street. Alderman Dickerson asked the council members to go and look at the maybe something can be justified by the city to keep the area safe and adults. situation and for children Alderwoman Kilpatrick addressed the weeds on the corner of First Street and Montana where they are sticking up in the sidewalk. She suggested that using Roundup would be more successful than just cutting them and asked if the city could require an owner to do this. Jim replied the roundup on the market now days can be used. He has been trying to get in contact with the realtor working on the property. The realtor is working with the owner regarding the future plans of the building and property. Alderman Dickerson stated he has been approached by Bill Bernhardt and asked about the weeds on the property where the entertainment subdivision is located and owned by Brad Anderson. This area has been annexed into the city. Alderman Dickerson is asking if this is the responsibility of Brad Anderson? Jim stated he would have to clarify this with the City-County Planning Committee to see if the property is still being considered as agricultural use. This would determine if the weeds cannot be over eight inches or if there is flexibility because of it being agricultural use. Albert Ehrlick requested permission to leave the state from July 19th to July 21st. Motion by Alderman Marshall to grant permission for Albert Ehrlick to leave the state, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Bob Graham commented on stop signs within the city, regarding why some intersections have them and others don't, He remembers about six years ago there was going to be a traffic survey done to determine this. He has not heard any results of whether it was completed or not and has directed the Street and Alley Committee to look into this again. Jim Flisrand stated he received a waiver of the ground water monitoring requirements from the State of Montana. He will have a copy for the council members at the next council meeting. Bob Graham suggested that the council members go and look at the home at 1819 West Maryland. It would be helpful when it comes up for discussion and in voting Minutes of the City Council of Laurel Page 8 Council Meeting of July 18, 1995 There being no further business to come before the council at this time meeting was adjourned at 8:20 p.m. ' Approved by the Mayor and passed Montana, this 1st day of August, Donald L. Hackmann, City Clerk by the City Council of the City of Laurel, 1995. the Donald L. Hackmann, City Clerk Charles Rodgers, ~May~