Loading...
HomeMy WebLinkAboutCity Council Minutes 06.20.1995Minutes of the City Council of Laurel June 20, 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 Mayor Charles Rodgers at 7:00 p.m., on June 20, ]995. COUNCIL MEMBERS 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 Dickerson to approve the minutes of the regular meeting of June 6, 1995 as presented, seconded by Alderman Minch. Motion carried 8--0. CORRESPONDENCE: Received a letter from B Bar S Partnership regarding the sale of land for the reservoir. Received a letter of intent from the National Park Service regarding the Nez Perce National Historical Park. (Canyon Creek site) Mayor Rodgers stated the letter of intent is asking that the city supports. development of an interpretive facility at or near the Canyon Creek site and agrees to be available to maintain the site through a reimbursement-for-services agreement. Motion by Alderman Kellogg to allow agreement with the Nez Perce National Historical Park for the city to remain available to maintain the site through a reimbursement-for-services, seconded by Alderman Easton. Motion carried 8--0. Received the agenda and activity report for the month of May from the Yellowstone County Air Pollution Control Board. Received the quarterly newsletter from the Montana Municipal Authority. Insurance Received a copy of a letter to Robert Rosselot from the Yellowstone County Health Department. CITY CLERK'S & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's & City Treasurer's financial statements for the month of May were presented. Motion by Alderwoman Kilpatrick that the City Clerk's and City financial statements for the month of May, 1995, be approved~ Alderman Ehrlick. Motion carried 8--0 seconded by PUBLIC HEARING - CDBG ROUSING GRANT: Melissa Dickerson, Double Tree, Inc., presented information explaining the background on the CDBG program. The CDBG program was established by the Federal Housing and Community Development Act of 1974. In 1982 the Montana Department of Commerce took over administration of the program at a state level. Seventy percent of the money goes to cities over 50,000 population on a formula basis. The remaining CDBG funds go to each state and are awarded to smaller communities on a competitive basis. Ail projects must principally benefit low and moderate income persons. The basic categories for local community development projects are: Economic Development, Housing, and Public Facilities. The housing project involves rehabilitation of homes and construction of new housing projects. Montana's allocation is $8,714,000.00 for this year. The community can apply for $400,000.00. Housing applications are due on October 2, 1995. The City of Laurel applied for a CDBG grant last fall and was declined. Comments from the Department of Commerce suggested that Laurel look at new construction as opposed to housing rehabilitation. The committee is working on this and will make a recommendation to the council. A new construction application may be more successful. The state is funding more new construction rather than rehabilitation projects. No public comments. Minutes of the City Council of Laurel Page 2 Council Meeting of June 20, 1995 PUBLIC HEARING AND RESOLUTION -CONFLICT OF INTEREST ON HEALTH INSURANCE: Proponents: Lonnie Kellogg distributed a memo to the council regarding waiver of conflict of interest. He explained that he serves on the Insurance Committee. When it went out for bids, a bid was received from a company that he is associated with. He announced that he is an alderman for the city. He was an insurance agent for three years prior to being elected to the city council and has been on the council for the past six years. There are four areas that present a conflict of interest and a waiver must be applied for. It was question whether the waiver will provide a significant benefit to the city and will avoiding the conflict outweigh public interest? The answer to both questions is basically the same. The employees covered under the health contract will have local help to solve any problems and the city will save a certain amount of time and expense by having a local agent. There will be no long distance calls or travel time involved for the employees or the city. There are always questions any time there is a change in insurance. Each employee will receive his home and business phone number. It was questioned whether there was an opportunity provided for competitive bidding? It was stated five bids were received by the city. Three of those bids were from the same company but represented by three different agencies. One of these three agencies has a local agent. The last question was whether the affected member was clearly identified? He identified himself as Lonnie Kellogg~ residing at 2702 Atchison and as a Farmers Insurance Group agent located at 7 First Avenue. He will be the servicing agent for the health contract. Donald McHenry of McHenry Insurance is the agent. Lonnie stated he will receive a 2% commission for being the servicing agent. Alderman Ehrlick asked if the others that presented a bid can file a lawsuit against the city for a conflict of interest? City Attorney~ Joe Leckie, stated the statute allows the City Council to waive the conflict of interest, provided there is a public hearing and the council considers the four areas of concern that Lonnie has addressed. Alderman Dickerson stated there were three bids from the same company that had the lowest bids. These bids were a few dollars different, but it was stated that they would all come in at the same dollar amount, no matter which one was awarded the bid. The reason the committee chose this company was because of the representation of a local agent to answer questions and they feel the city employees will benefit from it. Lonnie Kellogg commented that he has abstained from voting for or against any of the bids and will abstain from voting on the resolution. Alderman Marshall asked Lonnie how he became an agent for McHenry Insurance out of Bozeman? Lonnie stated that his insurance company doesn't write certain types of insurances such as health insurance, therefore he finds another insurance company and becomes a servicing agent for them. He came in contact with McHenry Insurance through his sister that is employed with them. Alderwoman Kilpatrick asked if advertising was done in the same manner as it is normally handled? Alderman Dickerson stated that advertising for insurance bids was in the same manner as all bids. Bids were received from different agencies as well as our current insurance company, Mutual of Omaha. It just happened that three came from the same company and that company provided the lowest bids. It had what the city was looking for to provide to the employees. Opponents: Allan Smetana, Metropolitan Life Insurance Agent, stated he was an agent that presented a bid to the city. He commented that all bids from John Alden were made through the same group of people in Boise, Idaho, so the bids would be equal. Quality of service is determined by the agent. He feels the fifteen miles between Billings and Laurel doesn't make much difference whether an agent is local or non-local compared to being hundreds of miles away. The quality of service in answering questions can be determined by an eight hundred number. In considering the means of travel and phone service now days, communication can be handled in a manner agreeable to the agent. He feels he would have no problem Minutes of the City Council of Laurel Page 3 Council Meeting of June 20, 1995 questioned whether it is a significant benefit to the city that they have chosen as they have and he does not agree with the decision. Motion by Alderman Dickerson to close the public hearing regarding a potential conflict of interest by Alderman Kellogg in awarding of a contract for health insurance~ seconded by Alderman Graham. Motion carried 8--0. WAIVING THE CONFLICT OF INTEREST: RESOLUTION NO. R95-14 A RESOLUTION WAIVING THE CONFLICT OF INTEREST PROHIBITION FOR COUNCILMAN KELLOG~ PURSUANT TO THE PROVISIONS OF MCA 7-5-4109 Motion by Alderman Dickerson that Resolution adopted, seconded by Alderman Minch. Motion carried abstaining. No. R95-14 be passed and 7--0, with Alderman Kellogg FINAL PLAT OF ENTERTAINMENT PARK SUBDIVISION: RESOLUTION NO. R95-15 A RESOLUTION APPROVING THE FINAL PLAT OF ENTERTAINMENT PARK SUBDIVISION Cal Cumin presented a final plat for Entertainment Park Subdivision. The city required changes and additions to the Subdivision Improvement Agreement and the requirements had been met prior to the preliminary plat. It was required that the grading of the existing borrow pit ditch on the south side of Railroad Street be completed before the final plat is approved. The developer hasn't been able to complete this because of the contractors being to busy. He got a high bid and has a check for the City of Laurel to match the bid and cover the cost of the grading. The cost of the grading and the amount of the check is $680.00 for eight hours. Cal Cumin has recommended that the final plat be approved. If a developer makes any change to the existing agricultural land, they would be required to meet the subdivision improvements. This Subdivision Improvements Agreement is signed by the city and then filed with the deed for each lot. Anyone who purchases the lots cannot come to the city and say they didn't know this, Motion by Alderman Ehrlick that Resolution No. R95-16 be passed and adopted~ seconded by Alderman Marshall. Motion carried 8--0. FINAL PLAT OF LAUREL INDUSTRIAL PARK SUBDIVISION: RESOLUTION No. R95-16 A RESOLUTION APPROVING THE FINAL PLAT OF LOT 3~ BLOCK 1, LAUREL INDUSTRIAL PARK SUBDIVISION AS AMENDED Jim Worthington presented the final plat for Laurel Industrial Park Subdivision and is requesting the approval of the council. Gal Cumin stated there were very few improvements and the improvements agreement is in order and the waiver has been signed. Motion by Alderman Dickerson that Resolution No. R95-16 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. TRANSFERRING CERTAIN FUNDS OF THE CITY (SID #94): RESOLUTION No. R95-17 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Dickerson that Resolution R95-17 be passed and seconded by Alderman Minch. Motion carried 8--0. adopted, Minutes of the City Council of Laurel Page 4 Council Meeting of June 20, 1995 TRANSFERRING CERTAIN FUNDS OF THE CITY (SID #100): RESOLUTION No. R95-18 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Dickerson that Resolution No. R95-18 be passed and adopted, seconded by alderman Ehrlick. Motion carried 8--0. TRANSFERRING CERTAIN FUNDS OF TRE CITY (SID #104): RESOLUTION NO. R95-19 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Graham that Resolution No. R95-19 be passed and adopted, seconded by Alderman Dickerson. Motion carried 8--0. EXPAND THE CITY'S ENFORCEMENT JURISDICTION: RESOLUTION NO. R95-20 RESOLUTION OF INTENT TO EXPAND THE CITY'S ENFORCEMENT JURISDICTION FOR ITS BUILDING REGULATIONS Motion by Alderman Marshall that Resolution No. R95-20 be passed and adopted, seconded by Alderman Minch. Jim Flisrand presented a map of the area for enforcement jurisdiction of building regulations. He is asking for the council's approval on the resolution of intent and then he will submit a request to the state. The state will hold a public hearing and if there is no opposition, the request will be signed. A final resolution will then be presented for approval. The city will be able to go out to this area and enforce all building regulations. The area follows the section lines or county roads, including all city property that is near the perimeter of the city limits. This covers subdivisions outside the city limits, industrial areas, etc. The enforcement will affect only building codes such as building construction, industrial expansion, and airport construction. It will have nothing to do with zoning. Cal Cumin asked Jim if he foresees any problems with the state? Jim mentioned that the state has been very supportive of the idea. They would like to see the city enforce the building codes in this area due to the fact that outside the city, there is no control or direction on building codes. The intent is to protect the public. The airport can be included in the jurisdiction area. It is now possible to increase the jurisdictional area to any size that is reasonable and justified, not to exceed 4 1/2 miles beyond the city limits. Jim will send a letter to the state with a copy of the resolution of intent justifying the perimeter that he has designated on the map. Cal commented that this is a great idea and needs the support of the council. A vote on the motion to expand the city's enforcement jurisdiction for its building regulation. Motion carried 8--0. APPROVING AN AGREEMENT WITH ROCKY FORK FREE TRAPPERS ASSOCIATION: RESOLUTION NO. R95-21 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND ROCKY FORK FREE TRAPPERS ASSOCIATION TO DISCHARGE BLACK POWDER FIREARMS DURING THE FOURTR OF JULY PARADE Motion by Alderman Dickerson that Resolution No. adopted, seconded by Alderman Graham. R95-21 be passed and Sergeant Zuhoski stated the police department has no problem with this as long as it is done only during the parade and not in the park. A vote was taken on the motion. Motion carried 8--0. Minutes of the City Council of Laurel Page 5 Council Meeting of June 20, 1995 COMMITTEE REPORTS: --Board of Adjustment minutes of June 13, 1995 were presented. June 8--0. Motion by Alderwoman Kilpatrick to enter the Board of Adjustment minutes of 13, 1995, into the record, seconded by Alderman Minch. Motion carried --Budget/Finance Committee minutes of June 6, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to minutes of June 6, 1995, into the record, carried 8--0. enter the Budget/Finance Committee seconded by Alderman Kellogg. Motion --Budget/Finance Committee minutes of June 8, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of June 8, 1995, into the record, seconded by Alderman Marshall. Motion carried 8--0. --Budget/Finance Committee minutes of June 19, 1995 were presented and reviewed. Motion by Alderwoman minutes of June 19, 1995, Motion carried 8--0. Kilpatrick into the to enter the Budget/Finance record, seconded by Alderman Committee Marshall. --Building Committee minutes of June 16, 1995 were presented and reviewed. Motion by Alderman Kellogg to enter the Building Committee minutes of June 16, 1995, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --City-County Planning Board minutes of June 1, 1995 were presented and reviewed. Motion by Alderman Kellogg to enter the City-County Planning Board of June 1, 1995, into the record, seconded by Alderman Ehrlick. Motion 8--0. minutes carried --City Council Committee of the Whole minutes of June 6, 1995 were presented. Motion by Alderman Marshall to enter the Whole minutes of June 6, 1995, into the record, Motion carried 8--0. City Council Committee of the seconded by Alderman Dickerson. --Laurel Local Governmental Review Commission minutes of June 13, 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 13, 1995~ into the record, seconded by Alderman Dickerson. Motion carried 8--0. --Street and Alley Committee minutes of June 15, 1995 were presented and reviewed. Motion by Alderman Ehrlick to enter the Street and Alley Committee of June 15, 1996, into the record, seconded by Alderman Marshall. carried 8--0. minutes Motion COMMENTS FROM THE AUDIENCE: Cal Cumin presented a check for $612.00 to the city from Yellowstone County. This closes the county parks account earmarked for Laurel and the money may be used for park maintenance. CONCERNS REGARDING FOOT BRIDGE Alderman Dickerson commented on the concern from Ward 3 regarding the property and foot bridge that the SID has brought to everyone's attention. The area along Twelfth Street and around the bridge is heavily weeded and he has had several calls regarding the matter. He feels he needs to keep bringing this to the council in order to find out what is being done as far as pursuing ownership of the property and who will take the responsibility of maintaining the property and the bridge. Minutes of the City Council of Laurel Page 6 Council Meeting of June 20, 1995 Jim Flisrand spoke to the county regarding the weeds. They will speak to property owners in the county~ if they have obnoxious weeds. Grass, clover or kosher weeds are not considered obnoxious and they have no right to request them to be cut. The vegetation along Twelfth Street is considered grass and not defined as obnoxious weed and would not receive assistance from the county. Jim checked the platting of the subdivision in the area. The map of the subdivision was platted down to the north easement line of the big ditch. Laurmac subdivision was platted up to the south easement line of the big ditch. The second home to the west of 4th Avenue is still in the county and the city limit line runs directly north of the west property line of the second home all the way across the ditch. The only piece of property that does not belong to the ditch, that is in the city, belongs to Murray. (The triangle piece of property along the bridge.) The rest of the property on the north side of Twelfth, that has vegetation on it, is in the county. Alderman Dickerson stated that Murray has said he is willing to dedicate this property to the city. He thought he did this twenty-five years ago when he put the bridge in. The city has been using the bridge for twenty-five years. Alderman Dickerson feels the city needs to decide whether or not they want to accept this property. Murray was under the impression the city did accept the property twenty-five years ago. No one knows what transpired and there is no written documentation. Jim Flisrand pointed out that Murray is paying taxes on the triangle property and it does not belong to the city. He can deed it to the city, if he wishes. At this time, the city is not responsible for the piece of property. All the bridges within the city are the responsibility of the county. Alderman Dickerson suggested a letter be sent out to Murray, who is the owner of the piece of property that is in the city limits. The city has an ordinance for vegetation growth over eight inches. Jim Flisrand stated this is a small area of concern in grass that is growing along Twelfth Street. He agrees a in that regard. relation to the other letter can be sent out Mayor Rodgers suggested that Jim send a letter to address all property owners within the city limits that are not abiding by the ordinance. He also suggested to Jim~ that since the foot bridge is a public walkway, he needs to meet with the Street and Alley Committee and maybe they can come up with some ideas and bring them back to the council. Alderman Dickerson pointed out that the property owners on the north side of the bridge don't want to lose the foot bridge. They want to be able to use it as a crossing to get over to the south side of the ditch. Jim Flisrand requested a special Street and Alley Committee meeting on July 6th at 4:00 p.m. to open street material bids. Jim also requested a special City Council meeting on July 6th at 5:00 p.m. to award the street material bids. Alderman Dickerson announced that he wouldn't be able to attend the meeting, Alderman Dickerson announced an Insurance Committee meeting on June 28th at 5:30 p,m. Alderman Kellogg thanked the Mayor and council for approving the resolution waiving the conflict of interest. Alderman Kellogg stated the Arden property is for sale and he would like the council's permission to get the property appraised and possibly make a deal with Arden to purchase it. He would like to get it in this current budget year. Motion by Alderman Ehrlick to grant appraiser and act on the purchase of the Marshall. Motion carried 8--0. Alderman Kellogg permission to get an Arden property, seconded by Alderman Alderman Kellogg requested permission employees within the next two days to health insurance. from the Mayor to contact the city do the final survey work for the group Mayor Rodgers granted Alderman Kellogg permission to contact the employees. Minutes of the City Council of Laurel Page 7 Council Meeting of June 20, 1995 Mayor Rodgers announced that the Police Reserves are getting together to honor the new reserves at Riverside Park, Saturday June 24th at 6:00 p.m. There being no further business to come before the council at this time, meeting was adjourned at 8:05 p.m. ~~ Donald L. Hackmann, City Clerk the Approved by the Mayor and passed by the City Council of the City of Laurel, Montana~ this 5th day of July, 1995. Donald L. Hackmann, City Clerk