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HomeMy WebLinkAboutCity Council Minutes 06.06.1995Minutes of the City Council of Laurel June 6, 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 6, 1995. COUNCIL MEMBERS PRESENT: John Minch Ron Marshall Lonnie Kellogg Albert Ehrlick Gay Easton Chuck Dickerson Donna Kilpatrick COUNCIL MEMBERS ABSENT: Bob Graham INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of May 16, 1995 as presented, seconded by Alderwoman Kilpatrick. Motion carried 7--0. CORRESPONDENCE: Received a Risk Management Bulletin from MMIA. Received two letters from Cal Cumin regarding a zone change and a preliminary plat for the Entertainment Subdivision. CLAIMS: Claims for the month of May were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman $251,725.69 for the month 7--0. Kilpatrick to approve all claims in of May, seconded by Alderman Minch. the amount of Motion carried FRED ALLEY - HISTORIC PRESERVATION BOARD Fred Alley presented to the council a recommendation to re-define the roles and responsibilities of the Yellowstone Historic Preservation Board and to provide better administrative responsibilities. They recommend that the Yellowstone Historic Preservation Board and administrative responsibilities be reassigned from the County Planning Department to the Community Service Department in the City of Billings, The Community Service Department is more familiar with the board's activities and can provide a better level of service. The Historic Preservation Board is recommending the council vote in favor of reassigning the responsibilities from the County Planning Department to the Community Service Department and making the City of Billings responsible for the management. Fred stated this will not affect the program in terms of service still provide service to the entire county. Laurel board member, will still be active with the Historic Preservation Board. and they will Ron Bushnell, Motion by Alderwoman Kilpatrick to approve the reassignment from Yellowstone County Planning Department to the Community Service Department of the City of Billings and allowing them the responsibility of administration, seconded by Alderman Marshall. Motion carried 6--1 with Alderman Kellogg voting SCOTT RICKARD - LAUREL JAYCEES' STREET DANCE: The Fourth of July Activities report was presented and reviewed at this time. Monday, July 3rd will be Sidewalk Sales Days sponsored by the Chamber of Commerce. The Jaycees' street dance will be held from 8 p.m. to 1 a.m. on Second Avenue between Main and First Street, the city parking lot, and the Yellowstone Bank parking lot. The Police Reserves will provide security outside the barricades and the Jaycees will provide security on the inside. The dance is restricted to those twenty-one years old and older. Tuesday, July 4th will be the pancake breakfast in Fireman's Park from 7 a.m. to ll a.m., sponsored by the Laurel Jaycees and Jaycees' BB Gun Team. The kiddie parade will begin at 10:15 a.m. and the grand parade will begin at 11 a.m. A barbecue will begin at 12 noon at Thomson Park. Music over the loudspeaker system is scheduled to begin at 3 p.m. The pre-fireworks program is to begin at 6 p.m. with fireworks at dark. Minutes of the City Council of Laurel Page 2 Council Meeting of June 6, 1995 Mayor Rodgers said comments have been Laurel are blocked during the parade. being able to get through. made that all entrances and exits to The concern is for emergency vehicles Captain Rick Musson hasn't heard any complaints. He feels the parade could be shut down if it is necessary to get through. Law enforcement personnel are stationed in all areas of town and they can direct traffic to allow emergency vehicles to get through. The Fire Department is represented in the parade and will respond to any emergency and this is possibly true with the ambulance. He feels there is no major problem. Mayor Rodgers said we need to be aware of any comments or concerns regarding this matter and it may result in changes in the future. Alderwoman Kilpatrick mentioned the police reserve has been notified and are ready to do their part. Jim Fiisrand has been contacted regarding the extra " garbage service that will be needed. She would like to see control over the number of vehicles in the park and has spoken to the police on limiting the ..-' vehicles to only those that that are needed in setting up. Alderman Dickerson asked if the chili contest will be in a restricted area since they will be selling beer? Captain Musson suggested that they set up in a fenced area. Drinking is allowed in the park, but it will be recommended that they check for identification. ' Alderwoman Kilpatrick suggested that a deadline be set for asking permission to set up activities in the park. She recommended June 20th, the next council meeting. Motion by Alderwoman Kilpatrick to accept and approve the Fourth of July Activities report for 1995, seconded by Alderman Dickerson. Motion carried 7--0. VICKI KRUG - LONG DISTANCE PHONE CHARGES: Vicki Krug presented the council with information on the Extended Area Service, regarding the long distance service in Montana. She had inquired about' initiating a procedure to convert the Laurel-Billings toll route to local calling. This is usually not considered unless a significant "community of interest" exists between the two exchanges. The Public Service Commission has been working on the new EAS Docket since February of 1994, to investigate EAS issues in Montana and to consider changing the current rules. Extended area service (EAS} is a calling service between two or more exchanges. EAS proceedings will be to conduct an analysis to determine whether or not a community of interest exists between the proposed EAS exchanges. The EAS implementation generally involves restructuring telephone company rates, including increases in local monthly rates. Vicki wants to inform the City Council members of this, so they can answer any questions brought before them. A ballot will be sent out to every calling customer. If the ballot is considered unimportant and is thrown away, it is counted as a "no" ballot. The majority of calling customers have to approve it, so it is important to notify the public and have them fill out the ballot. Mayor Rodgers expressed the importance of the public's input as to whether a change is made or not. ENTERTAINMENT SUBDIVISION - ZONE CHANGE: Brad Anderson is requesting a zone change for Entertainment Subdivision. He stated that when the land was annexed into the city, the zoning automatically became R7500. This is not a realistic zone for this property and he is requesting a zone change to highway commercial which would be appropriate. The Planning Board recommends approval of the zone change request. Motion by Alderman Subdivision from R7500 Motion carried 7--0. Kellogg to grant a zone change to Highway Commercial, seconded for the Entertainment by Alderman Marshall. ENTERTAINMENT SUBDIVISION - PRELIMINARY PLAT: Brad Anderson presented the Planning Board's recommendation for approval of the preliminary plat of Entertainment Subdivision, subject to the changes and additions to the Subdivision Improvements Agreement (SIA). He is asking approval of the preliminary plat so the grading of the existing borrow pit ditch on the south side of Railroad Street can be completed prior to approval of the final Minutes of the City Council of Laurel Page 3 Council Meeting of June 6, 1995 Alderman Kellogg referred to the concern of traffic flow. In item i2 under d., it states that if development on any lot increases the traffic by more than twenty-five (25) percent traffic, they will have to prepare a study by a professional traffic engineer under the guidance of the City Engineer. Alderwoman Kilpatrick mentioned the prior concern regarding if the developer uses the lot for storage. This is referred to in item #3, stating any change of land use from the existing agricultural use shall trigger compliance with required improvements as deemed appropriate by the City Engineer. Motion by Alderman Kellogg to draft a resolution to approve the Preliminary Plat of Entertainment Subdivision, seconded by Alderman Marshall. After discussion, it was decided a resolution wasn't needed. City Attorney, Joe Leckie stated the ordinance says the governing body shall approve the issuing of a preliminary plat. Motion was withdrawn by Alderman Kellogg and the second was withdrawn by Alderman Marshall. Motion by Alderman Kellogg approve the Preliminary Plat and Improvements Agreement of Entertainment Subdivision as presented, Alderman Marshall. Motion carried 7--0. Subdivision seconded by LAUREL INDUSTRIAL PARK SUBDIVISION - AMENDMENT: Jim Worthington presented an amendment to Laurel Industrial Park Subdivision, Block 1, Lot 3. This amendment is to divide Lot 3 into two lots, Lot 3A and Lot 3B. The property is located on South Washington and is one lot north of a subdivision plat for SEG Credit Union on South East Fourth Street. The property will be serviced off South Washington. South Washington is already developed with pavement, curbs cutter and it has utilities. The proposal for the amendment was submitted to the Planning Board in March. The Planning Board recommended approval subject to: 1) The plat meets the standards of the City Engineer in regards to water and sewer lines and 2! Easements as requested by the utility companies. Recommendation has been made by the Planning Board on the amendment to Laurel Industrial Park Subdivision, Block 1, Lot 3. Jim is asking the approval of the City Council for the preliminary plat. He will come back with a final plat and a resolution will be prepared for approval of the final plat. Motion by Alderman Ehrlick to approve the preliminary plat for the amendment to Laurel Industrial Park Subdivision, Block 1, Lot 3 as submitted, seconded by Alderman Dickerson. Motion carried 7--0. RESOLUTION OF INTENT TO CREATE SID NO. 110: RESOLUTION R95-12 A RESoLuTIoN OF INTENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 110 Rick Leuthold, Engineering, Inc., has been working on a resolution for the SID in Murray Heights. A Resolution of Intent to Create has been prepared and a copy submitted to Joe Leckie, Don Hackmann, and Jim Flisrand for review and approval. On Exhibit C~ Engineer's Estimate, last page headed Administrative Cost Analysis has created some question regarding the break out of cost per lot. On the document this reflects an $8000.00 figure. The cost per lot is $7,878.08 for street improvements and has been presented to the neighbors. The error occurred because there are two lots that require water and sanitary sewer services. They would like to have these installed prior to paving the streets. The two lots will pay their 1/24th of the street improvement cost and will also be assessed in a lump sum basis for the installation of water and sanitary sewer. This is estimated to run $3,926.02. The other concern was regarding the foot bridge and piece of property that lies along the eastern portion of the district. After research and discussions, it has been determined that the issue of the bridge and property does not have any bearing on the street SID. It was felt that this is an issue that needs to be addressed in the future, having no impact on the residents in the SID at this time. The recommendation is to move forward with the resolution as it is, which includes street work, curb, and gutter. Don Hackmann questioned when the property owners of the two lots have to pay the lump sum due for water and sewer services? , Page 4 Council Meeting of June 6, 1995 Minutes of the City Council of Laurel Mayor Rodgers asked Jim Flisrand for comments on the bridge. Jim Flisrand stated he might not agree with Rick Luethold regarding the property adjacent to the bridge because it does belong to Murray. The foot bridge is a public bridge. He has been discussing with Joe Leckie who is responsible for the bridge, the city or the county, in order to bring a decision to the council. The state law references all public bridges within Yellowstone County to be the responsibility of the county. It is the assumption, at this time~ that it is the county's responsibility. Alderman Dickerson asked Jim, for the record, that the issue of the foot bridge cannot be brought back to the property owners in the SID? Jim Flisrand stated this is correct, it cannot be brought back to the property owners. The SID is simply to improve the existing street and drainage concerns in the SID. It doesn't relate to other safety conditions and there is no liability for any adjacent areas. It simply requires money to fix the street, curb, and gutter. Motion by Alderman Dickerson that Resolution No. R95-12 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Don Hackmann announced a public hearing will be held on July 5th,'1995 at the City Council meeting. Alderman Dickerson asked Joe Leckie if there is any conflict of interest since he is a resident in Murray Heights and having served on the Steering Committee, for him to vote for the adoption of Resolution R95-127 Joe Leckie replied no. Under the conflict of direct interest in the profits~ which he Dickerson if he advanced any costs that he Alderman Dickerson answered no. interest, he would have to have a does not. Joe did ask Alderman would be getting reimbursed for? AGREEMENT WITH CITY OF BILLINGS ON SOLID WASTE: RESOLUTION NO. R94-13 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE CITY OF BILLINGS, SAID AGREEMENT RELATING TO SOLID WASTE DISPOSAL. Motion by Alderwoman Kilpatrick that Resolution No. R95-13 be passed and adopted, seconded by Alderman Easton. Motion carried 7--0. COUNCIL MEETING BE CHANGED FROM JULY 4 TO JULY 5, 1995. Due to July 4, 1995 being a holiday, a change for the council meeting has been set for July 5, 1995. Motion by Alderman Dickerson to change the council meeting of July 4th, due to the date being a holiday~ to July 5, 1995, seconded by Alderwoman Kilpatrick. Motion carried 7--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of May 16, 1995 were presented and reviewed. Motion by minutes of May carried 7--0. Alderwoman Kilpatrick to enter the Budget/Finance Committee 16, 1995, into the record, seconded by Alderman Minch. Motion Mayor Rodgers commented that the cemetery and city parks have been sprayed. cost about $1,100.00 for spray and equipment. It --Budget/Finance Committee minutes of May 18, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of May 18~ 1995, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. --Budget/Finance Committee minutes of May 22, 1995 were presented and reviewed. Motion by Alderman Kilpatrick to enter the Budget/Finance Committee minutes of May 22, 1995, into the record, seconded by Alderman Easton. Motion carried 7--0. Minutes of the City Council of Laurel Page 5 Council Meeting of June 6, 1995 Alderwoman Kilpatrick stated that it has been approved with the monthly claims to purchase cellular phones for Dave and Jim. --Budget/Finance Co~ittee minutes of May 25, 1995 were presented and reviewed. Motion by Alderwoman minutes of May, 25, 1995, Motion carried a 7--0. Kilpatrick into the to enter the Budget/Finance record~ seconded by Alderman Committee Marshall. --City Council Committee of the Whole minutes of May 16, 1995 were presented. Motion by Alderman Dickerson to enter the City Council Committee minutes of the Whole minutes of May 16, 1996, into the record, seconded by Alderman Easton. Motion carried 7--0. --Insurance Committee minutes of May 17, 1995 were presented and reviewed. ~otion by Alderman Dickerson to enter the Insurance Committee minutes of May 17, 1995, into the record, seconded by Alderman Ehrlick. Motion carried 6--1, with Lonnie Kellogg abstaining. --Insurance Committee minutes of May 24, 1995 were presented and reviewed. Alderman Dickerson stated that all the bids were received and McHenry Ins. was chosen because of the local representation with an agent in Laurel. Lonnie Kellogg made a presentation of his bid and answered questions as the others did. He abstained from any voting. As far as the conflict of interest, he wants the council to understand why the Insurance Committee voted and chose as they did. Motion by Alderman Dickerson to enter the Insurance Committee minutes of May 24, 1995, into the record, seconded by Alderman Marshall. Motion carried 6--1, with Lonnie Kellogg abstaining. --Insurance Committee minutes of May 31~ 1995 were presented and reviewed. The Insurance Committee recommended a public hearing be held on the resolution waiving the conflict of interest prohibition for Alderman Kellogg. Motion by Alderman Dickerson to hold a public hearing on June 20, 1995 at the regular council meeting regarding the resolution waiving the conflict of interest prohibition for Alderman Kellogg, seconded by Alderman Marshall. Motion carried 6--1, with Lonnie Kellogg abstaining. Alderman inviting increase Dickerson stated that Don Hackmann mailed letters to all the retirees them to attend the Insurance Committee on May 24th to discuss the in the cost and only Walt Menello attended. Motion by Alderman Dickerson to enter the Insurance Committee minutes of May 31, 1995, into the record, seconded by Alderman Minch. Motion carried 6--1, with Lonnie abstaining. --Local Government Review Commission minutes of May 22, 1995 were presented. Motion by Alderman Marshall to enter the Local Government Review Commission minutes of May 22~ 1995, into the record, seconded by Alderman Dickerson. Motion carried 7--0. --Park Committee minutes of May 24, 1995 were presented and reviewed. The committee voted to increase the fees at Riverside Park to $15.00 per night for services (water and electricity hookups and use of the showers) and $7.50 per night for camping (which also would include use of the showers.) ~otion by Alderwoman Kilpatrick to increase the fees at Riverside Park effective immediately, seconded by Alderman Kellogg. Motion carried 7--0. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes of May 24, 1995, into the record, seconded by Alderman Easton. Motion carried 7--0. CITY-COUNTY HOME OCCUPATION: Brian Cook was not present. --Steering Co~ittee - Reservoir Site Committee minutes of May 17, 1995 were presented and reviewed. The Committee is waiting for a selling price from B Bar S for the property Minutes of the City Council of Laurel Page 6 Council Meeting of June 6, 1995 information together and then present it to the Utilities Committee for their decision. Motion by Alderman Kellogg to enter the Steering Committee - Reservoir Site Committee minutes of May 17, 1996, into the record, seconded by Alderman Dickerson. Motion carried 7--0. --Street and Alley Committee minutes of May 18, 1995 were presented and reviewed. Jim Flisrand mentioned that the minutes did not list the members present at the committee meeting. Those present were John Minch, L. D. Collins, himself and others from the East Maryland Steering Committee. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of May 18~ 1995, into the record, seconded by Alderman Marshall. Alderman Dickerson stated his concern regarding the committee opposing the installation of signs on Beartooth indicating "Slow- Children Ahead". People are coming from the north side of the ditch on bicycles or walking and there are no crosswalks or signs stating pedestrian crossing. Traffic doesn't adhere to the 26 mph speed limit now. He pointed out that when the SID is finished, the road will be more heavily used and have more children on bikes. He hoped an informational sign could be put up before a person gets seriously injured and than action is taken. He is asking if it is really necessary to adhere to a traffic study? Jim Flisrand stated the concern is whether this area warrants a need for something that is over and above what is normally assigned to a residential area. In this case, all other residential areas would want signs of some sort~ either for children playing or for narrow streets, such as on the south side of town. If there is an issue of people violating the speed limits~ then this is an enforcement problem and should be addressed as such. The speed limit is 25 mph~ when the SID is finished~ there will be wider streets with sidewalks and curbs so children shouldn't be playing in the street. If a sign was put up, it would be more than an informational sign, it would be a standard state and federally approved sign and there needs to be some justification to put up a sign of this nature. The city needs to be consistent in the justification of a sign, because there are a couple of residential homes in the neighborhood with children, it doesn't warrant justification. If the council directs him to do a traffic study which would prove or justify a sign of this nature, he will do it. Jim stated the area around the bridge is a safety issue that needs to be addressed right away. The problem is when the children come over the bridge and have only twenty feet before entering 12th Street. There is a blind spot which the traffic cannot see. This can be addressed, depending on who ends up with Murray's property adjacent to the bridge. A short chain link fence or something simple can address the safety issue of pedestrians and bicyclers. Weed control around the ditch would also enhance safety. Mayor Rodgers commented that he feels no Heights Subdivision has been addressed on they think of it. one above the whether they ditch in the old Murray want the bridge or what Mayor Rodgers mentioned that 13th Street by Murray Park for a slow traffic area. After going to a traffic study a traffic design study should be done before putting up create other problems. Patrolling would help on some of should also be addressed control meeting, he said any sign because it may these concerns. Jim Flisrand commented on the federal urban funds for upgrading East Maryland from Alder to Yard Office Road. The city and county urban area does have federal funds that can be spent on new construction. He has contacted the state to determine if urban money could be used for maintenance. East Maryland residents want to be on the priority listing. The last one done was in 1987 with priority being Maryland Lane from 6th Avenue to Washington and this has been completed. These priorities need to be adjusted periodically with the approval of the City Council and County Commissioners. They are then sent to the state for approval. After approval, we can follow that priority listing. There is approximately $600,000.00 in that fund, at this point. Within the next year~ we need to establish a priority and start on another project. Mayor Rodgers has asked the Street and Alley Committee to address the situation. At this time a vote was taken on the motion to enter the Street and Alley Committee minutes of May 18, 1995~ into the record. Motion carried a 7--0. Minutes of the City Council of Laurel Page 7 Council Meeting of June 6, 1995 COMMENTS FROM THE AUDIENCE: Alderman Dickerson asked that the Public Utilities meeting, scheduled for June 12th, be held at 6:30 instead of 5:00. Alderman Dickerson stated the City County Planning Board meeting that is scheduled for June 8th is cancelled because it was moved up to June 1st. Alderwoman Kilpatrick stated the Parks Committee meeting was rescheduled for Wednesday, June 7th at 5:00 p.m. Alderwoman Kilpatrick pointed out the handicap parking that is in the area of the pool is for all hours, day and night, not only for pool hours and should be enforced if it is used improperly. Alderwoman Kilpatrick mentioned that on the 4th of July there are only non-profit organizations selling in the park. There is a problem with people from Billings that bring their vending machines or trailers and park them on the side of the street to sell their products. They are competing with the Laurel non-profit organizations. There is a list of non-profit organizations that have permission to be in the park. She hopes the city can enforce this matter by insisting they present a license or make them move on. Alderman Dickerson suggested that if permission has to be made with the Fourth of July Activities committee by June 20th, then a city license also has to be purchased by this date in order to operate in the park. The police and the reserve need to know who has permission to operate in order to enforce this matter. Joe Leckie commented that the city can ticket these vendors who do not have a Laurel business license. If they don't have it, they can show it at the time they appear in court or are subject to penalties if they provide no license. Alderman Dickerson stated the Laurel Fire Department requests permission each year to shoot fireworks in the park on July 4th. Motion by Alderman Dickerson to grant the Laurel Fire Department permission to shoot fireworks in the park on July 4th, seconded by Alderman Marshall. Motion carried 7--0. Captain Rick Musson suggested the city allow the Laurel Fire Department permission for fireworks on July 3rd as well as July 4th. They start with the large boom each hour, as early as July 3rd and probably should have permission for this date also. (No decision was made on this comment.) Albert Ehrlick requested permission to leave the state from June llth through June 17th. Motion by Alderwoman Kilpatrick to grant permission for Albert Ehrlick to leave the state, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Gay Easton requested permission to leave the state from June 7th through June llth. Motion by Alderman Ehrlick to grant permission for Gay Easton to leave the state, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Chuck Rodgers requested permission to leave the United States from July 15th through July 23rd. Motion by Alderman Dickerson to grant permission for Chuck Rodgers to leave the United States, seconded by Alderwoman Kilpatrick. Motion carried 7--0. APPOINTMENTS: Mayor Rodgers appointed Lonnie Kellogg to the Yellowstone City-County Board of Health for a term of office from July 1, 1995 to June 30, 1998. Motion by Alderman Marshall to confirm the Mayor's appointment of Lonnie Kellogg to the Yellowstone City County Board of Health, second by Alderman Dickerson. Motion carried 7--0. Mayor Rodgers appointed Carol Abromeit as an ambulance attendant, effective June 4, 1995. Motion by Alderman Dickerson to confirm the Mayor's appointment of Carol Minutes of the City Council of Laurel Page 8 Council Meeting of June 6, 1995 Mayor Rodgers appointed Daniel Hopper to the ambulance reserve, effective June 6, 1995. Motion by Alderman Ehrlick to confirm the Mayor's appointment of Daniel Hopper to the ambulance reserve, effective June 6, 1995, seconded by Alderman Marshall. Motion carried 7--0. MAYOR'S COMMENTS: Mayor Rodgers would like to meet with the Building Committee, Dave Michael regarding security of City Hall. Jim Flisrand, and Mayor Rodgers presented Dave Slaymaker with a plaque in appreciation of eleven years of service to the City of Laurel. There being no further business to come before the Council at this time, the meeting was adjourned at 8:52 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 20th day of June, 1995. Donald L. Hackmann, City Clerk Charles Rodgers,~M~or