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HomeMy WebLinkAboutCity Council Minutes 07.05.1995Minutes of the City Council of Laurel July 5, 1995 A regular meeting of the held in the Council Chambers 7:00 p.m., on July 5, 1996. City Council of the City of Laurel, Montana, was and called to order by Mayor Charles Rodgers at COUNCIL MEMBERS PRESENT: John Minch Chuck Dickerson Lonnie Kellogg Albert Ehrlick Gay Easton Donna Kilpatrick Ron Marshall COUNCIL MEMBERS ABSENT: Bob Graham INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of June 20, 1995 as presented, seconded by Alderman Dickerson. Motion 7--0. meeting carried CORRESPONDENCE: Received Docket No. 94.2.5 regarding the service. A public hearing has tentatively during the first week of August. extended area service for telephone been scheduled to be held in Laurel CLAIMS: Claims for the month of June were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve all claims in $552,238.40 for the month of June, seconded by Alderman Ehrlick. 7--0. the amount of Motion carried PUBLIC HEARING ON SID #110: The clerk's office received no comments regarding the public hearing. Proponents: Rick Leuthold, Engineering Inc., gave a brief synopsis of the project using a map. Resolution R95-12 was passed to set this public hearing. The proposed schedule is as follows: July 18th, resolution for bids on construction and bond; July 26th and August 2nd, advertisements; August 7th, bid openings and August 8th, award bids. The project relates only to street improvements and storm drainage improvements. Discussion regarding the footbridge has been eliminated. This subject will be addressed and followed up as a separate concern. Rick reviewed the increased cost of the SID. The original cost was for the street project and broken down per lot owner. The total dollar amount differs due to water and sewer extensions to two lots. These additional costs will be paid by only those two lots and isn't spread over the whole district. This does not affect the individual owners total price. JoAnn Johnson, 1218 Beartooth, questioned the construction of Beartooth and whether or not it would be able to sustain the traffic of larger trucks that use the road. She also asked if the residents will have to pay for a thicker surface to compensate for the heavy traffic? Rick stated that Beartooth is designed to have a thicker road surface because of the increase of traffic on it. He pointed out that this project has streets which have an increased amount of traveling on them, just as any new subdivision that is developed. These streets channel traffic in and out of the subdivision. They will get a thicker section of gravel and asphalt in order to make them a maintainable surface. JoAnn asked if dips could be designed in the road to slow traffic for the safety of children? The residents can foresee a problem with increased traffic. Rick stated that the subject of traffic control was discussed at one of the meetings in the past. He mentioned that speed bumps or valley gutters are mainly used for the purpose of caring for storm drainage and not for the purpose of slowing vehicles. Studies show that these features are sometimes a hazard to traffic. They may cause traffic to quickly slow down or stop and affect other traffic behind them. Minutes of the City Council of Laurel Page 2 Council Meeting of July 5, 1995 Stop signs will be placed on certain intersections within the project. As far as safety, he suggested continuing to work with the police department to maintain speed limits. The project is scheduled to be started by the end of August. JoAnn asked Rick what type of bond will~ be issued on this project and was concerned that 8% is high? Rick stated that the bond is a municipal bond and that 8% is an example. This high percent is used but is normally lower. This presents less of a problem than using a Iow estimate and having the bond price come in higher~ resulting in unhappiness. Rates depend on the market value at the time of the bond sale and are sold on the open market at the competitive rates. Bond sales will be August 8th and residents will be notified of the bond rate. Opponent: Bruce McNabb, 517 Fairview, lives on the corner of Twelfth Street and Fairview. He has access to his home from both Twelfth Street and Fairview and would like to maintain both accesses. Rick stated there is a one foot no access strip platted along Twelfth Street. Access to Twelfth Street is prohibited along Twelfth Street by virtue of what is platted. In order to maintain this access legally, an amendment would have to be made to the plat, allowing a break in the one foot no access strip. This is a design consideration. He noted the council would need to make a policy decision whether or not to allow a break in the one foot no access strip. Rick described a one foot no access strip as commonly used in subdivision plats along busy or collector streets. This eliminates approaches directly onto the street and prevents people from backing out onto major streets. The plat at Murray Heights does have the one foot no access strip platted on it. Jim Flisrand stated that the city needs to follow the subdivision plat as it is platted unless an amendment is made to the plat. This was explained when the house was built. Others have requested accesses along that area and it has been denied because the plat doesn't allow it. Bruce McNabb purchased his home at 517 Fairview two years ago from a previous owner and it had both accesses. The question is whether one property can have two curb cuts? It was stated that it is possible for one property to have accesses off two separate streets, but not in this case unless an amendment to the plat is filed and passed. Rick stated there would be an added cost for the additional access. It would be assessed under the SID unless he was directed by the council to assess it just to the lot owner. Alderman Dickerson stated Bruce purchased the house with two accesses and neither the realtor or the city said anything. He feels the plat should be amended, allowing Bruce the two accesses, and he would have to pay the additional cost himself. City Attorney, Joe Leckie, the plat. They can approve brought before the council. stated the council cannot initiate action to amend an amendment to a plat when a recommendation is Alderman Marshall suggested the realtor did a poor job of selling the property to him. He should have had more knowledge of the subdivision plat. Mayor Rodgers stated this issue would have to go back to the SID Committee and a recommendation for amendment to the plat would have to be brought before /he council at a later date. Motion by Alderwoman Kilpatrick to close the public hearing of SID #110, seconded by Alderman Kellogg. Motion carried 7--0. SPECIAL IMPROVEMENT DISTRICT NO. 110: RESOLUTION NO. R95-22 RESOLUTION CREATING SPECIAL IMPROVEMENT DISTRICT NO. 110 AND DESIGNATING THE BOUNDARIES THEREOF Motion by Alderman Dickerson that Resolution No. R96-22 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 6--1. Alderman Minutes of the City Council of Laurel Page 3 Council Meeting of July 5, 1995 Mayor Rogers stated this issue should have been addressed prior to now and discussed with the SID committee. Joe Leckie clarified that the city council cannot initiate a plat change. If a proposed amended;plat is brought before the council, then the council approves or rejects it. There are procedures to follow and the council cannot make a motion to amend a plat. If someone wants to amend a plat~ he goes through the plat revision and review process and then it is presented to the council. Rick noted that the people within the district are getting streets, curb~ gutter and storm drain improvements which have been identified to this point. He feels the issue of Bruce's access onto Twelfth Street is not an issue of the SID~ but can be reviewed as a separate issue, just as the foot bridge was. Bruce is getting the streets, curb~ gutter and an approach onto Fairview. This access on Twelfth Street could be worked into the SID if it was requested and approved, but it is not an issue of the SID. This is an issue pertaining to Bruce's lot that could be worked through the committees and brought back to the council for approval. Then, separate from the SID, an access could be provided on Twelfth Street. The SID is the entity that brought this issue to light. Rick stated that the SID can be completed and after Bruce gets approval to amend the plat~ he could have an approach put in at his cost. Joe Leckie stated there are provisions for obtaining additional curb cuts. This would allow him to go through the proper procedures with his request. Alderman Dickerson will contact Bruce and direct him to talk to Joe or Rick in order to proceed with getting an approach. It could not be done at this time with the SID because of the timing, but could be addressed and completed at a later date. Jim Flisrand pointed out that as far as the SID is now, there is no approach on Twelfth Street for Bruce's property. These are the terms of the SID that is being voted on now. Anything other then the terms of the SID will have to be addressed at a later date. A comment was made that Bruce did have the opportunity to bring up this point at prior SID Committee meetings and neglected to do so over the last few months. RESOLUTION AUTHORIZING ISSUANCE OF BONDS FOR SID #110: Tabled until July 18, 1996. RESOLUTION PROVIDING FOR RECEIVING BIDS AND CONTRACT FOR CONSTRUCTION FOR MID 110: Tabled until July 18, 1995. AGREEMENT WITH YELLOWSTONE TREATMENT CENTER: RESOLUTION NO. R95-23 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE YELLOWSTONE TREATMENT CENTERS, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderwoman Kilpatrick that Resolution No. R96-23 be passed and adopted, seconded by Alderman Kellogg. Alderman Kellogg commented this agreement is for $5,187.00 a year, based on insurance replacement costs of buildings. Vote was taken on the motion. Motion carried 7--0. TERMINATING UNITED OF OMAHA AND APPROVING JOHN ALDEN LIFE: RESOLUTION NO. R95-24 TERMINATING UNITED OF OMAHA AND APPROVING JOHN ALDEN LIFE~ A GROUP COMPREHENSIVE MAJOR MEDICAL PROGRAM. Motion by Alderman Marshal] that Resolution No. R95-24 be passed adopted, seconded by Alderman Dickerson. Motion carried-~-~-~ and Minutes of the Page 4 Council Meeting of July 5, 1995 City Council of Laurel SPECIFYING A PERMANENT SEWER RATE: RESOLUTION NO. R95-25 BEING A RESOLUTION SPECIFYING A PERMANENT SEWER RATE TO BECOME EFFECTIVE TEN (10) DAYS AFTER BEING FILED WITH MUNICIPAL CLERK AND REVISED RATE SCHEDULE FILED WITH THE PUBLIC SERVICE COMMISSION. Motion by Alderwoman Kilpatrick that Resolution No. R96-25 be passed and adopted, seconded by Alderman Dickerson. Motion carried 7--0. UNNECESSARY TO HOLD A PRIMARY ELECTION: RESOLUTION NO. R95-26 A RESOLUTION DECLARING IT UNNECESSARY TO HOLD A PRIMARY ELECTION FOR THE OFFICES OF FOUR (4) ALDERMEN IN THE CITY OF LAUREL ON SEPTEMBER 12, 1996. Motion by Alderman Dickerson that Resolution No. R95-26 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of June 20, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of June 20, 1995, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. --City Council Committee of the Whole minutes of June 20, 1995 were presented. Motion by Alderman Marshal] Whole minutes of June 20, 1996, Motion carried 7--0. to enter the City Council Committee of the into the record, seconded by Alderman Minch. --Insurance Committee minutes of June 28, 1995 were presented and reviewed. Motion by Alderman Dickerson to enter the Insurance Committee minutes of June 28~ 1995, into the record, seconded by Alderman Marshall. Motion carried 7--0. --Park Committee minutes of June 8, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of June 8, 1995, into the record, seconded by Alderman Kellogg. Motion carried 7--0. --Park Committee minutes of June 22, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to accept the 1995 summer recreation program, seconded by Alderman Ehrlick. Motion carried 7--0. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of June 22~ 1995, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Jennifer Draper commended Cheryl Lund on her honesty and integrity in returning money left at City Hall. Alderman Dickerson recommended that the council send a letter of thanks to the Fire Department and Police Department for the great fireworks show and excellent police patrol for the July 4th celebration. Alderman Dickerson asked Jim Flisrand if the county and the city have the same requirements or provisions for signs? Jim explained a few differences such as height and size requirements. Alderman Dickerson stated he saw signs on Pinyon and Yard Office Road stating 25 mph and signs that say, "Slow - Children Playing" with an illustration of children playing. The speed limit is 25mph within the city limits, so maybe just an informational sign stating "Slow - Children Playing" be ~ut on West Minutes of the City Council of Laurel Page 5 Council Meeting of July 5, 1995 Jim said he has heard the county did not put up these signs or approve them. They weren't put up with the blessing of the county. Alderwoman Kilpatrick recommended thank-you letters also be sent to Jim Flisrand and Dave Michael for all the work they did behind the scenes for the July 4th celebration. Mayor Rodgers stated the city crew did an outstanding job in getting the parks mowed and trimmed. Mayor Rodgers mentioned that the fireworks display showing the fireman putting out the fire was designed by Kyle Hoffman, manager. fire truck and the city pool Mayor Rodgers stated he appreciates the community's support. There were six class reunions being heid this weekend. Captain Rick Musson remarked that the police worked less intersections this year and traffic flowed more smoothly. Mayor Rodgers said donations collected for the fireworks looked good. If they are short, the firemen make up the difference by donating their checks. The cost for the fireworks was approximately $16,000.00, and for the entire week-end was approximately $21,000.00. Mayor Rodgers attributed the wonderful tasting meat in the barbecue sandwiches to Gay Easton. Gay was the care taker cooking the meat and has done so for many years. APPOINTMENTS: Mayor Rodgers reappointed L. D. Collins to the Air Pollution Control Board. Motion by Alderman Marshall to confirm the Mayor's appointment of L. D. Collins to the Air Pollution Control Board, seconded by Alderman Ehrlick. Motion carried 7--0. Mayor Rodgers reappointed Roy Zahn to the Airport Authority, effective through June 30, 2000. Motion by Alderman Ehrlick to confirm the Mayor's to the Airport Authority, seconded by Alderman Marshall. appointment of Roy Zahn Motion carried 7--0. BOARD OF ADJUSTMENTS: The Mayor reappointed to the Board of Teeters, effective through June 30, 1997 effective through June 30, 1998. Adjustments Marvin Carter and Bruce and Bob Western and Johnny Goodman, Motion by Alderwoman Kilpatrick to confirm the Mayor's appointments to the Board of Adjustments, seconded by Alderman Ehrlick. Motion carried 7--0. PLANNING BOARD The Mayor reappointed Chuck Dickerson to the Planning Board, effective through February 15, 1996. The Mayor appointed Bob Dantic to the Planning Board, to replace Larry Thomas, effective through June 30, 1996. Motion by Alderman Ehrlick to confirm the Mayor's appointments to the Planning Board, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Mayor Rodgers appointed Katherine Kucera to the Library Board to fill the unexpired term of Burt Kucera, effective through June 30, 1996. Motion by Alderman Katherine Kucera to the carried 7--0. Kilpatrick to confirm Library Board, seconded the Mayor's appointment of by Alderman Marshall. Motion Minutes of the City COuncil of Laurel Page 6 Council Meeting of July 5, 1995 MAYOR'S COMMENTS: None There being no further business to come before the Council at this time~ meeting was adjourned at 8:10 p.m. the Catherine Gabrian, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 18th day of July, 1995. Attest: Donald L. Hackman, City Clerk Charles Rodgers, Mayor