Loading...
HomeMy WebLinkAboutCity Council Minutes 03.07.1995Minutes of the City Council of Laurel March 7, 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 March 7, 1995. COUNCIL MEMBERS PRESENT: John Minch Bob Graham Lonnie Kellogg Albert Ehrlick Gay Easton Chuck Dickerson Ron Marshall COUNCIL MEMBERS ABSENT: Donna Kilpatrick INVOCATION: Invocation was given by Reverend Bobby Shaw. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of February 21, 1995 as presented, seconded by Alderman Graham. Motion 7--0. meeting carried CORRESPONDENCE: Received the 1995 Municipal Election Information and Election Calendar. CLAIMS: Claims for the month of February were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderman Marshall to approve all claims in the amount of $ 230,338.90 for the month of February, seconded by Alderman Easton. Motion carried 7--0. PEDESTRIAN PROTECTION AWARD: Rita Schuetzle, representing AAA Montana, awarded the honor of a Pedestrian Safety Citation for the Pedestrian Safety Award to the City of Laurel. This is the seventh time Laurel has received an award. She presented the plaque in recognition of the commitment of educators and law enforcement personnel, for the community programs, pedestrian accident rate, enforcement efforts, traffic engineering and public education. On behalf of AAA, she would like to congratulate Laurel and presented the award to Police Chief Mike Atkinson. VACATE ALLEY AT 1202 WEST MARYLAND: Richard Legare has asked the city to vacate the alley at 1202 West Maryland. Jim Flisrand showed a sketch of the section of twelve foot public right of way running west of 12th Avenue over to the twenty foot public right of way running north to West Maryland. When he looked into the matter, he found there are utilities in the alleys, which would be a concern. Another issue is, if the city decides to leave the twelve foot alley open for future development, then the alignment is not ideal for an extended alley. After finding out there are utilities in the alleys, an option would be not to vacate the alley or to vacate it with a permanent easement. He cannot recommend vacation, knowing there are utilities in the alley. Alderman Graham asked if the alley is vacated, would the utilities still have the right to go through there? Jim stated the utilities have no permanent easement to do this. This would have to be done if it is vacated. Alderman Dickerson asked what are Richard Legare's intentions of using this alley for, if it is vacated? Richard Legate pointed out he wishes to extend his yard and put a fence around it. He does not plan to put up buildings. Joe Leckie stated that in terms of vacating public property, the rule is that the property is divided and half goes to each adjacent property owner. He could find no case in which all the property would be adjoined to one of the property owners as opposed to the other property owner. So in terms of vacating this property, being a twenty foot right of way, ten feet would go to the east adjacent property and ten feet would go to the west adjacent property. A question was asked if the utilities lost the right to access the property, would they have the right to take legal action against the city for vacating the property? Joe stated yes, by them having their utilities in, we would not be able to vacate full title to the property. Jim stated there are three utilities and Montana Power is one that is in there. Minutes of the City Council of Laurel Page 2 Council Meeting of March 7, 1995 In conversation between Jim Flisrand and Richard Legate, it is understood that the property owner to the west is not interested in the property. If it is vacated, the owner to the west has to take half of the property. Alderman Graham asked if the city did not permit vacating the property, could Richard still plant grass and use it as a lawn? Jim said yes, the only thing is if the city deems it necessary to put in an alley at a future date or Montana Power needs to go in to do some excavating in replacement of power lines, they have the right to do it. Jim can see no reason not to let Richard use the property as a lawn. At this point, the city ordinance states the property owner has the responsibility to maintain to the center line of a public right of way. This is a responsibility to each adjacent property owner. If his neighbor does not object to him maintaining the full twenty feet, he could plant a lawn and put it to use without building on it. Motion by Alderman Graham to permit Richard Legare to use the public right of way as a lawn without vacating the property, seconded by Alderman Ehrlick. Alderman Marshall asked Joe Leckie what types of land exists as being in the public right of way? Joe says the public owns different parts of property in different manners under different titles. Under this title, the city has permanent right to use that property as a right of way for public purposes. If the city decides the right of way is not necessary, then the property goes back to the adjacent property owners through the vacation process. If there is property such as the lot in Cherry Hills which the city has a deed on, then the city can sell the property. The title on this property is called a right of way or public access title. There can be a charge for the vacation process, but not for the actual land values. Richard Legare says he will agree to use the property as a yard, instead of the city vacating it. He will be in agreement with whatever works. He has stated he would like to place a fence around the extended twenty feet of lawn he wishes to make a yard. In discussion, it was agreed that it would be no problem for Richard to put up a fence. The fence could not be built down the center of the public right of way, because of the utilities. Richard would have to be in agreement with his neighbor to build the fence using all twenty feet of public right of way. Since the utilities are there, it would be his responsibility, as a home owner using the public right of way, to remove or rebuild the fence if the utility company comes through for maintenance. In the case that a new neighbor moves in and wishes to maintain the ten feet he is responsible for, then he can claim it. A vote was taken on the motion. Motion carried 7--0. HABITAT FOR HUMANITY: Jim Flisrand reviewed the request from Habitat for Humanity to exclude them from paying building and plan review fees. The council questioned what position the city would take in regard to other requests, such as government buildings, welfare situations, schools, churches, etc. In these cases, most of the construction is done by volunteer help, which need close inspections, as opposed to when contractors are hired. The fees cover the inspections and plan review of a job, which need to be done in any case. The city is then waiving fees on jobs that need more work done on inspections than normal. Joe Leckie, Cal Cumin, and himself discussed this matter and agreed not to waive the permit fees. The city is still spending time in doing the plan reviews and inspecting the jobs. The council discussed guidelines to handle future situations on the same matter. They suggested that a resolution be presented at the March 21st council meeting. PROFESSIONAL FINANCIAL ADVISOR FOR WATER PROJECT: Alderman Graham stated the Budget/Finance Committee looked at two proposals for a financial advisor. One proposal from Dain Bosworth, Inc. and the other from D. A. Davidson & Co. The committee has recommended to the city council to accept D. A. Davidson & Co. as financial advisor for the water project. Motion by Alderman advisor for the water 7--0. Marshal] to accept D. A. Davidson & Co. as financial project, seconded by Alderman Graham. Motion carried PROFESSIONAL BOND COUNSEL FOR WATER PROJECT: Joe Leckie presented two proposals on bond counsel. One proposal from Dorsey Whitney and the other from Bruce Harper. Joe recommended Bruce Harper as bond counsel. Minutes of the City Council of Laurel Page 3 Council Meeting of March 7, 1995 Motion by Alderman Dickerson to accept Bruce Harper as bond counsel for the water project, seconded by Alderman Ehrlick. Motion carried 7--0. COMMITTEE REPORTS: --Birch Avenue Steering Committee minutes of January 24, 1995 were presented and reviewed. Motion by Alderman minutes of January 24, Motion carried 7--0. Kellogg to enter the Birch Avenue Steering 1995, into the record, seconded by Alderman Committee Dickerson. --Budget/Finance Committee minutes of February 21, 1995 were presented and reviewed. Motion by Alderman Graham to enter the Budget/Finance Committee minutes of February 21, 1995, into the record, seconded by Alderman Marshall. Motion carried 7--0. --City Council Committee of the Whole minutes of February 21, 1995 were presented. Motion by Alderman Dickerson to enter Whole minutes of February 21, 1995, into Graham. Motion carried 7--0. the City Council Committee of the the record, seconded by Alderman --Park Committee minutes of February 23, 1995 were presented and reviewed. Motion by Alderman Kellogg to enter the Park Committee minutes of February 23, 1995, into the record, seconded by Alderman Marshall. Motion carried 7--0. --Police Committee & Street and Alley Committee minutes of February 23, were presented and reviewed. 1995 The committee took no action regarding a double-parking ordinance. Joe Leckie stated that the city has an ordinance prohibiting double parking. If the city makes exceptions, then the city is liable when accidents occur. For example, when a delivery truck is double parked and someone runs into the back of it, the ordinance makes it clear who is at fault at the accident. If the city allows double parking and the vehicle is struck, then the city could be held liable for an unsafe condition. This would result from an ordinance allowing the vehicle to park in a lane of traffic. Joe recommended that the city take no action. This would be left up to the law enforcement's discretion to take action. If there is a hazard that needs to be corrected, the officer will respond and if there is no hazard, no action will be taken. Motion by Alderman Ehrlick to Committee minutes of February 23, Marshall. Motion carried 7--0. enter the Police Committee & Street 1995, into the record, seconded by and Alley Alderman Cal Cumin commented regarding the taxes due on Wasson subdivision on Woodland Avenue. He suggested the City of Laurel pay the taxes that are due. The county has agreed to hold the check until the taxes are paid and then they will return the check. The plat can be filed and the project can get started. Alderman Kellogg opposed the any taxpayers property taxes. setting. suggestion. He feels the city should not subsidize This is a precedent that the city should not be In discussion it was commented that the construction crews could get started now, because after May 31st they could be busier. Motion by Alderman Ehrlick that the city of Laurel send a check to the county for the taxes which are due, seconded by Alderman Marshall. Motion carried 6--1, with Alderman Kellogg voting "No". Note: Bob Wasson paid the taxes with a cashiers check on March 9, 1995. COMMENTS FROM THE AUDIENCE: Cal Cumin reminded everyone about the City/County Planning Board meeting on Thursday, March 9th. On the agenda is the public hearing for the subdivision plat and zoning of the Wild West Fun Center. Me encourages everyone to attend. Alderman Graham requested permission to leave the state from March llth thru April 1st. Page 4 Council Minutes of the City Council of Laurel Meeting of March 7, 1995 APPOINTMENTS: None MAYOR'S COMMENTS: Mayor Rodgers announced that Girl Scout week is from March llth thru March 18th. Mayor Rodgers commented that Bob Schessler appreciated the help he received from the city crew in demolishing the building on the city owned Williams property. Bob remarked that they worked well together and he hoped to work with the city in the future. There being no further business to come before the Council at this time, the meeting was adjourned at 7:51 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 21st day of March, 1995. Attest: C'h-~ar~_es Rodgers~ ~fay~r Donald L. Hackmann, City Clerk