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HomeMy WebLinkAboutCity Council Minutes 12.20.1994Minutes of the City Council of Laurel December 20, 1994 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 December 20, 1994. COUNCIL MEHBERS PRESENT: John Minch Bob Graham Lonnie Kellogg Donna Kilpatrick Gay Easton Chuck Dickerson Ron Marshall Albert Ehrlick COUNCIL 9E~BERS ABSENT: None INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of December 6, 1994 as presented~ seconded by Alderman Ehrlick. Motion 8--0. meeting carried CORRESPONDENCE: Received a letter from Laurel Airport Authority regarding improvements to the City's water treatment and distribution system. Received a letter from ISO Commercial Risk Services, Inc. regarding Public Fire Protection. CITY CLERK & CITY TREASURER'S FINANCIAL STATEHENTS: The City Clerk and City Treasurer's financial statements for the month of November were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City financial statements for the month of November, 1994, be approved, Alderman Ehrlick. Motion carried 8--0. UPDATE ON PROPOSED FAMILY ENTERTAINMENT CENTER seconded by Brad Anderson of Billings came to answer any questions or concerns about the family fun center. The original plans are still as they were~ disregarding any rumors. Me brought with him Billie Wray, who is interested in doing one of the developments and to share with us her concepts. He also brought Rob Veltkamp, from Metro Realtors, who originally found the property and approached Brad Anderson and John Dehler. He will answer questions to any rumors being passed around. Alderman Marshall addressed a rumor that they plan to utilize a liquor license on the premises in some form. It was stated John Dehler is in the vending business. Brad stated he owns a casino in Billings~ a computer franchise, a beverage business and an accounting service. He isn't looking for any more liquor businesses. He used to work as an electrical engineer and this proposed development is more the type of work that interests him and would prefer to do. He can't stop the rumors but he wants to let the city know a liquor license is the last thing he wants, which he stated in the paper when he was asked about it. Me also brought up the fact that he knows he cannot do anything without the consent of the city which would require a special review process. Alderman Graham alluded to specific rumors and phone calls in regard to state law. For every fifteen acres brought into the city limits, Brad is allowed one liquor license and his acreage would allow for three. It is rumored that he already has two which puts the bars up to five and three casinos will be constructed. Brad again stated that this is absolutely not true and assured the council that this is not what they want to do. He repeats that he would not be able to do it without the city's permission or review process. He would like anyone to show him where this is being done because this is not his intent. Brad stated that he chose the land because it has hookups and the accommodations that he needs for the park development. Re is working with Jellystone Park-Yogie Bear in Ohio, which is a franchise to bring a campground out here. He is also working with Billie Wray on five acres which she plans to develop. Rob Veltkamp, a Commercial Real Estate Broker and Developer out of Billings, has known Brad Anderson and John Dehler for some time. It has been a dream of theirs Minutes of the City Council of Laurel Page 2 Council Meeting of December 20, 1994 years for the right tract of land for this project. He can assure the city that in all the planning stages and the design work, they have never included a casino or liquor license. This is going to be designed as a family park and entertainment center, which is a growing business around the country, turning back to family orientation. This is their plan. They won't use the whole forty-nine acres, so other ideas will be in the plan such as the Jellystone Franchise Campground. Next to the campground, Billie Wray will develop a human maze like the one in Rapid City, South Dakota. There is also interest in budget motels on two or three acre sites. So, on behalf of Brad Anderson and Jon Dehler, Rob wants to dispel any rumors that are not true and state they have no intention of doing anything with liquor licences on the site. Billie Wray got her idea for the human maze idea when she was on vacation in Kalispell. The maze is huge and will take about an hour to go through and it covers a great deal of land. Another game she plans to put in is lazer trap shooting. She will also have small ponies for the children to ride. During the winter time, her place will be closed. She will plant foliage that is conducive to a wildlife-wildbird refuge. She points out that on her place there won't be any drinking, gambling, or smoking allowed, even though it is an outdoor establishment. Her idea is for a family recreation center where the family can be actively involved. This idea is for ail family members, grandparents, parents, and children. KIRK BLEE - PROPERTY AT 511 WOODLAND AVENUE: Kirk Blee, 509 Woodland Avenue, spoke regarding current problems in obtaining a building permit for the property at 513 and 515 Woodland and subsequently in the future, at 517 and 519 Woodland. He distributed a plot plan so everyone could see the location of the property being discussed. He has been told by Jim Flisrand that the city of Laurel cannot issue him a building permit for property located at 513 and 515 Woodland, which is the second lot to the south on the plot plan. He feels that because of previous discussions with members of the city, he is entitled to a building permit or damages because he won't be able to continue to use the property as he originally intended when he purchased it. Kirk reviewed what has happened since he purchased the property~ so everyone would be aware of what has transpired. He made an offer on the property on September 12, 1992. At that time, he was concerned that there was no street access to the property so, on the by-sell agreement, he put in a condition for the sale, that he would be able to obtain necessary building permits to build on the three lots that he was buying. That offer was accepted by the buyer and, as it was arranged in the buy-sell agreement, he had a scheduled meeting with Jim Worthington, who was then the building director. The meeting took place on approximately September 17, 1992. In that meeting, Kirk discussed his concerns regarding whether or not he would be able to develop the property without a street going through to the lots. He was told he would be able to build on the lots and use the alley that is between Cedar and Woodland as an access. They also discussed the water and sewer services at that time. He was informed that he would have to put in water and sewer hookups to serve this facility, at his expense and that he would have to pay for the improvement of the alley because, at that time, it was a vacant lot. Because of these assurances and his reliance on the expressed statements by Jim Worthington, he then purchased the property and the transaction was finalized. The next year he was arranging financing while he was residing in California so he actually applied for a permit on July 19, 1993. When he submitted the plans, Jim Worthington wasn't at the city full time and he was dealing with Dave Michael. He submitted plans for the duplex at 509 and 511 Woodland, which is now finished. He originally submitted building plans and was told by Dave Michael that he would also have to submit a site plan detailing all construction planned for that area before a permit could be reviewed. The plot plan he drew up is the same one he has passed out. It is the actual plan that is on file at the city now, originally submitted to get the building permit on 509 and 511 Woodland. He feels, according to the plot plan, that Jim Worthington and Dave Michael were aware of his intentions to build three duplexes. There was no statement from them that he would not be able to. They were discussing alternatives to running water lines and sewer lines so it would facilitate adding duplexes. There was never any question that the other two duplexes were going to be built; no disagreement, dissension, or statement by them that he would not be able to build even though the alley would be the only access for this plot. When the permit was issued, Jim Worthington wrote a letter dated July 27, 1993 which stated the attached construction plans and plot plan for the development of a duplex on Lot l, Block 2, Sheets Subdivision are hereby approved, subject to the conditions listed in the letter. This letter acknowledges the fact that the plot plan existed and was submitted to the city with three duplexes on it. Because of this letter, he had to negotiate a utility ~.~m~nt f~r . w.~r 14n~. Minutes of the City Council of Laurel Page 3~ Council Meeting of December Z0, 1994 City Clerk, which is on file, signed by John Maxon, Carl Holden, and Chuck Rodgers, the City Mayor. Before Chuck Rodgers signed the easement, the Resolution appeared before the council as to whether the easement should be signed or not. Kirk had obtained a copy of the council minutes from the City Clerk. When the easement had gone before the council, he passed out the same plot plan the council members now have before them. He pointed out in the minutes of that council meeting, that he was asked by the council how many duplexes he would be building and why they needed the easement. He explained the reason for the easement is because Woodland Avenue did not exist. The council was aware that the only access to the property was by the alley. In answer to the question on how many duplexes he would be building, he hoped to get one duplex built in the fall and possibly two the next year. This is a quote from the minutes. Again, the council was aware that there were three duplexes being planned for this property. One easement was approved. Me pointed out the vote was made and the motion was carried 6--0. On September 22, 1993 he filed the easement. On September 27, 1993 he met with. Dave Michael~ Peggy Schram, and Randy Wolf, a contractor who performed the work on the sewer, water hookups and the alley. They clarified details on the size and class of pipe and they informed Randy Wolf that he was working under the supervision of the city of Laurel. Kirk's function was just to pay the bills. They also discussed the fire hydrant location and how much of the water line they would be installing. They ended up just putting in enough water and sewer line to serve the first duplex because of Kirk's restraints on financing. Be did not want to finance water and sewer lines for a building that wasn't built yet. On September 20, 1993, Kirk entered into a contract with Wolf Construction, which reflects conditions of the contract that they would operate under the supervision and approval of the city of Laurel and City Engineer. When the work was completed, Kirk called Dave Michael to insure everything had been completed up to the city's specifications, and he said it was. Kirk then went ahead and paid the contractor. Kirk started construction but it wasn't until a year later in September 1994, that he completed the construction of the duplex at 509 and 811 Woodland. At that time, when Dave Michael and Kirk were looking at it, they discussed the permit for the new duplex at 513 and 515 Woodland. Kirk was told by Dave Michael that for the next duplex, if it was a duplicate of the one that he just built, he could just pay the permit fees and wouldn't need to submit a plan. Kirk then started to raise funds to construct a second duplex. On October 27, 1994 he called to set up an appointment with Dave Michael to obtain a permit and pay any fees. When he phoned in, he found out from Cheryll that Dave Michael was no longer in charge of this area and he needed to speak to Jim Flisrand, who had been appointed as the Public Works Director. Kirk was told by Jim that he would have to submit full plans, even though they were a duplicate of the plans he already had. Jim wanted a set of plans for each permit and Kirk did provide the plans. On October 31, 1994 Kirk submitted the plans and was told the plan review would take approximately three days. Almost two weeks later, on November 14, 1994, after resolving a problem with City Attorney, Kirk was told by Jim Flisrand that he would not issue a permit unless Kirk put in an access through Woodland Avenue. Jim Flisrand was under the impression that Certificate of Survey 613 was being or would be subdivided soon and wanted to be sure the access would be put in. Kirk informed Jim of his previous agreement with the city~ the statements that were made to him and his reliance on them in constructing an alley, sewer line, water main and building a duplex. Kirk was trying to resolve the matter and negotiate with Jim as he was in a hurry, paying on a loan and not being able to build. Kirk thought that they would come up with a solution whereby he could pay for half of a road on Woodland~ directly ad3acent to his property. He had hoped at the council meeting of November 15~ 1994 that the council would move on the matter. It was referred to the Street and Alley Committee. Kirk attended the meeting where a question was brought up whether there was adequate fire protection capability. The Street and Alley Committee would investigate before the next meeting. Kirk was out of town and couldn't attend the meeting, but was told by Jim that the committee had decided the permit could not be issued. Currently, Kirk feels he has lost six weeks on the project and has lost value in the lots by not being able to build on them. He is losing rent by not being able to have the duplexes built and available to rent. He is hoping to have this resolved and understands the city has a safety concern. The city doesn't want to be exposed to litigation that could happen if someone is hurt in a fire. Kirk feels that if the city cannot issue a permit, he is legally entitled to compensation for his loss that has occurred because of reliance on expressed statements made by the city personnel. Alderman Ehrlick asked why this had never been brought before any committee in the beginning? He feels when it started, it should have been brought before the Minutes of the City Council of Laurel Page 4 Council Meeting of December 20, 1994 brought before a Utility Committee. Mayor Rodgers said the committee minutes would have to be researched to see if it was brought before a committee. He didn't know if Jim Worthington had talked to the City/County Planning Board about it at the time that the plot review went through that area. Gal Cumin asked about the status of Wasson's Certificate of Survey. Mayor Rodgers answered that it had been denied by the title company. The mortgage company had refused to sign off. Mayor Rodgers asked Kirk if his subdivision was originally Sheets Subdivision and Kirk stated it is still Sheets Subdivision. This may be the answer to Alderman Ehrlick's question, why it didn't come before the Street and Alley Committee. The platted lots and street right-of- ways were originally approved through council actions when Sheets Subdivision was developed, and may be one reason it would not have come before the committee. Kirk stated when the actual problem occurred, was when 1-90 was put in and this wasn't looked into. Something should have been resolved regarding an access off the hill or at the. bottom. Alderman Graham asked Jim Flisrand to clarify the reason the city denied a building permit? Jim Flisrand said originally the property should have been accessible by public access, which means a public street. Another issue is fire safety. There is no hydrant that can service the two south lots effectively, which is a standing procedure. If a fire broke out, it could cause a lawsuit towards the city for inadequate fire protection. Alderman Graham asked where the hydrant was placed? Kirk stated it was placed on the west side, in the right-of-way of the proposed Woodland Avenue. The plan was to keep moving it down to the end of Woodland as he keeps building the duplexes. Right now, it is setting adjacent to the duplex in the middle of what would be Woodland Avenue. When it was pointed out that it is setting in the middle of what would be a dedicated street, Alderman Graham mentioned that is one of the main concerns they had in the last meeting. Kirk pointed out on the plot plan that there is an Option A for a water supply. That was his desired place to put in a water line, because it was through a grass area which is a city park. This would have been cheaper because the contractor wouldn't have to deal with any blacktop, trenching it through grass. The other thing~ it was a little bit shorter and it would enable you to put a hydrant on the side of the alley which is city property and accessible by a fire truck. At the time, it wasn't determined what size the water main was unless it was dug up. Alderman Graham asked Jim if it is correct that right now the fire truck could not get to the hydrant without hand laying approximately 170 feet of hose? Alderman Graham asked Kirk if he did get permission to build the other two duplexes, would he continue to come south and if this happens, why he couldn't put in another fire hydrant? Kirk stated the same problem would exist as there would be no road to drive to the hydrant. He understands firemen need to drive to the hydrant, put the hose on and then drive to the fire site and lay out hose as they go. Mayor Rogers stated the policy here would be for a truck to be stationed at the hydrant and an attack truck at the site, there would be a line laid between the two, if they need an extra supply of water. If it is easily accessible, they will drop a line for a short distance to the attack truck. This can only be done on a hard surface area, not on grass with the large trucks. Kirk pointed out that the easement for the water line does exist and gave a copy to the City Attorney. The easement was in place before the current mortgage holder had a lien on the property, so it supersedes their interest. Alderman Graham asked if the easement went through for the water supply Option B, would the fire truck then be able to get through? Kirk stated yes and another solution would be to extend the line, which is now supplying irrigation water to the park, to the alley and put a hydrant there. The current hydrant could be moved to save that expense. The adjacent property to the alley is already city property. Alderman Graham asked if Kirk would still have to go south with the water line for the the upper two duplexes and it was stated he would. It was also asked why he couldn't come from where the hydrant is and come East to the alley and down the alley? Kirk could do this, but eventually the lots to the west will be developed and some day the water main will need to go all the way to 1-90, in the Woodland right-of-way. He would rather set up the water supply for the two duplexes off that main. Dave Michael wasn't sure if the water line in the park is large enough to handle the water supply. During discussion, it was asked if Minutes of the City C°uncil of Laurel Page 5 Council Meeting of December 20, 1994 pointed out it would be hard fighting a fire with two pieces of apparatus on a twenty foot driveway. Alderman Marshall asked about the proposed water supply in Option A, is there any line that crosses there? Kirk stated no, the line stops about 100 feet from the center of the alley. It was questioned whether the City could dedicate some of Russell Park for the time being until it was resolved with the Certificate of Survey and Woodland was developed? Lots 13, 14, 15, and 16 are privately owned, and the city owns Lots 12 and 11 to the east. Cedar Avenue is a dedicated street all the way through but it stops at South 5th. Mayor Rodgers asked Kirk if there had been discussion with him about possibly having a temporary access through his property, to that hydrant, with some kind of turn around? Kirk stated if this was to be done, the people would have gravel for a yard and it would not be desirable from his point of view. Given the alternative~ moving the hydrant to the alley would seem to be less trouble. Mayor Rodgers pointed out that along with the situation of fire safety there also looks like there would be a problem with garbage pickup. With more residents there would be more solid waste to pick up. Currently, the garbage is half way between the duplex and Fifth Street. Apparently the garbage pick up is being done by backing in and out of the alley. Kirk said he has been asking, in the fullest capacity of the city, for permission to do his construction. Be was told he would be able to this, but now he is told he cannot. Me feels that he is owed a compensation for what is clearly a loss to him. This loss occurred because of his reliance on the actions of the city. Whatever means the city decides to use to resolve the issue is up to them~ whether they decide to allow the construction or to compensate Kirk on the loss of the lots. Alderman Kellogg asked when he actually purchased the property that he owns? Kirk stated September 1992, and at that time he was told he would be able to build on all three lots, using the alley as access. There is a formula based on square footage which determines how many units can be built. It was determined that he could either build three duplexes or combine two lots and build one four-plex. He was given a chart from Jim Worthington that showed what the square footage requirements would be. Alderman Kellogg asked if he purchased the land before he came to the city? The sale was contingent on the fact that the purchaser be able to obtain necessary permits from the city of Laurel. Me then scheduled a meeting with the city to discuss whether he could build on those lots before the money was paid and the deal was closed on the property. This meeting took place in 1992 and he purchased the permit in 1993. Alderman Graham pointed out that this never came before the City Council, and he asked if Kirk had any written documentation that Jim Worthington gave him for permission to build? Kirk says he has none, only an expressed statement. The council members are concerned that this was never brought before the council and knew nothing about it before 1993. Kirk states that at that time~ he had bought the property but had not done any improvements. Mayor Rodgers asked for more research to be done with Jim Worthington, Jim Flisrand, Cal Cumin, and Kirk right after the first of the year. COMMITTEE MINUTES: --Ambulance Committee minutes of December 19, 1994 were presented and reviewed. Motion by Alderman Easton to December 19, 1994 into the record, carried 8--0. enter the Ambulance Committee minutes of seconded by Alderwoman Kilpatrick. Motion --Board of Adjustments minutes of December 13, 1994 were presented and reviewed. Motion by Alderman Ehrlick to enter the Board of Adjustments minutes of December 13, 1994 into the record, seconded by Alderman Motion carried 8--0. Committee Marshall. Cal Cumin said Asphalt Supply's request to expand the existing operation was approved by the Board of Adjustments, subject to no increase of noise, eliminate the outside phone ringer, and they would comply with the wishes of the' City Engineer. Alderman Dickerson mentioned that the same night of the Board of Adjustments Minutes of the CitY Council of Laurel Page 6 Council Meeting of December 20, 1994 committee that is meeting. This would person may be attending when there building. eliminate confusion as to what meeting a is more than one meeting in the same --Budget/Finance Committee minutes of December 6, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick minutes of December 6, 1994 into the Motion carried 8--0. to enter record, the Budget/Finance Committee seconded by Alderman Easton. --City Council Committee of the Whole minutes of December 6, 1994 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of December 6, 1994 into the record, seconded by Alderman Minch. Motion carried 8--0. --City-County Plannin~ Board minutes of December 8, 1994 were presented and reviewed. Motion by Alderman Kello~ to enter the City-County Planning Board of December 6, 1994 into the record, seconded by Alderwoman Kilpatrick. carried 8--0. minutes Motion Don Hackmann noted that Denise Klotthor's home occupation request is on the agenda for the next council meeting of January 3, 1995. --Park Committee minutes of December 8, 1994 were presented and reviewed. Motion bY Alderwoman Kilpatrick to enter the Park Committee minutes of December 8, 1994 into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --Steering Committee minutes of December 13, 1994 were presented and reviewed. One of the comments that Alderman Kellogg brought back from the Steering Committee was to get the council's approval to send a letter to the railroad to actively prosecute trespassers. Motion by Alderman Kellog~ to direct the Mayor or City Attorney to send a letter to the railroad to actively prosecute trespassers on their railroad property, seconded by Alderman Dickerson. Motion carried 8--0. Motion by Alderman Kello~ to enter the Steering Committee minutes of December 13, 1994 into the record, seconded by Alderman Minch. Motion carried 8--0. The next meeting of the Steering Committee will be December 27, 1994 at 7:00 p.m. in the old council chambers. (Note: This meeting was cancelled.) Mayor Rodgers complimented Alderman Kellogg Committee and to all who are serving on outstanding job. for being chairman of the Steering the committee. They are doing an COMMENTS FROM THE AUDIENCE: NAMING STEERING COMMITTEES It was the consensus of the council that since there are two steering committees, we should call one the Birch Avenue Steering Committee and the other the Water Construction Steering Committee. CORRESPONDENCE FOR PUBLIC AND MEDIA Don Hackmann mentioned that he has discussed with Joe Leckie the information for the public and news media. They have set up a notebook at the entrance of City Hall that consist of everything that goes in the council notebooks. If anyone needs a copy of anything, the first three copies are free and after that, twent five cents a copy will be charged, as stated in a resolution. RICED BA/~NHARDT COMMENTS Richard Barnhardt praised the Birch Avenue Steering Committee and asked that people disregard what was printed in last weeks paper. He said there would be a letter of praise in the next Outlook. Richard Barnhardt brought up the order in which the city council starts the meetings. He has noticed that the Pledge of Allegiance is said before the Minutes of the City Council of Laurel Page 7 Council Meeting of December 20, 1994 Richard Barnhardt made mention that he attended the wrong meeting, when there were two meetings taking place the same evening. He feels Alderman Dickerson's idea of announcing the meeting before it begins is a good idea. He knows two other gentlemen that made the same mistake and were not happy. Apparently, they never saw any signs that were posted on the doors announcing which meetings were taking place in which rooms. Richard Barnhardt wanted to renew his request that the City of Laurel give a last minute notice to any resident before shutting off their water. He has already attended one Public Utilities meeting and feels this is sufficient. He feels the city should take more consideration in notifying the resident before the final shut off. APPOINTMENTS: The Mayor appointed Cathy Gabrian to the Cemetery Board to replace Sharon Herman. Motion by Alderman Marshall to confirm the appointment of Cathy Gabrian to the Cemetery Board, seconded by Alderman Ehrlick. Motion carried 8--0. The Mayor appointed Jeanette Dolechek to the Public Utilities Committee to replace Sharon Herman. Motion by Alderman Dickerson to confirm the appointment of Jeanette Dolechek to the Public Utilities Committee, seconded by Alderman Marshall. Motion carried 8--0. The Mayor appointed Sue Blaskovich as Ambulance Director to replace Sharon Herman. Motion by Alderman Dickerson to confirm the appointment of Sue Blaskovich as the Ambulance Director. Motion carried 8--0. The Mayor appointed Ken Reil as Assistant Ambulance Director. Motion by Alderman Ehrlick to confirm the appointment Assistant Ambulance Director, seconded by Alderman Marshall. 8--0. The effective date for the above appointments is January 1, 1995. MAYOR'S COMMENTS: Mayor Rodgers wished everyone a Merry Christmas and a Happy New Year. of Ken Reil as Motion carried There being no further business to come before the Council at this time, meeting was adjourned at 8:34 p.m. Donald L. Hackmann, City Clerk the Approved by the Mayor and passed Montana, this 3rd day of January, by the City Council of the City of Laurel, 1995. Charles Rodgers, May~r ATTEST Donald L. Hackmann, City Clerk