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HomeMy WebLinkAboutCity Council Minutes 11.15.1994Minutes of the City Council of Laurel November 15, 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 November 15, 1994. COUNCIL MEMBERS PRESENT: Albert Ehrlick Bob Graham Lonnie Kellogg Donna Kilpatrick Gay Easton Chuck Dickerson Ron Marshall COUNCIL MEMBERS ABSENT: John Minch INVOCATION: Invocation was given by Reverend Tofteland. MINUTES: Motion by Alderman Marshal| to approve the minutes of the regular meeting of November 1, 1994 as presented, seconded by Alderman Graham. Motion carried 7--0. CORRESPONDENCE: Received a letter from Yvonne Morrissey regarding Judge Herman's raise. Received a letter from the Department Waste Management Division, regarding a Laurel rail yard, 1923 Shannon Road. of Health and Environmental Sciences, PropoSed Soil Treatment Facility at the Bob Graham questioned whether the community should be concerned whether they will' be dumping waste dirt outside of our town with the wind conditions we have. The Mayor stated he is not sure of the types of soil, if they're oil related or not. More discussion and Jim Flisrand will check into this. Received a membership bulletin from the Montana League of Cities and Towns regarding Initiatives 66 and 67. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of October were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City financial statements for the month of October, 1994, be approved, Alderman Marshall. Motion carried 7--0. seconded by PRESENTATION - BILLINGS COMMUNITY CRIME PREVENTION: Barbara Rightmire, representing Billings Community Crime Prevention, gave a presentation and introduced McGruff, the crime dog. She presented a "kids against crime" Adopt-a-Cop program award. This program will try to reintroduce the idea that a local law enforcement officer is a friend to the children. She thanked the following officers for their participation in the program: Graff School - Bryan Fischer South School - MaryAnn Rangitsch West School - Dave Slaymaker Yellowstone Valley Christian School - Rick Musson McGruff presented a plaque to John Rosenberg who was representing Police Chief Mike Atkinson. Mayor Rogers commented this is a job well done for the community. APPROVAL FINAL PLAT - SEG CREDIT UNION: RESOLUTION NO. R94-53 APPROVING THE FINAL PLAT OF AMENDED LOT 5 BLOCK 1 OF LAUREL INDUSTRIAL PARK SUBDIVISION. Jim Worthington stated this plat was brought before the city council a month ago. He was prepared to file the plat when the Credit Union had an offer to purchase a part of the remainder of the tract. This added one more line to the document and they are bringing it back for resolution of approval, as it exists now. Page 2 Council Minutes of the City Council of Laurel Meeting of November 15, 1994 Motion by Alderman Ehrlick that Resolution No. R94-53 be passed and adopted, seconded by Alderman Marshall. Motion carried 7--0. CHHISTMAS TO REMEMBEH COMMITTEE: JoAnn Fox, representing Christmas to Remember, is asking approval to have the annual parade of lights on December 4th. The parade will line up at the corner of the Federal Credit Union building at 5:00 p.m. and will start at 5:15 p.m. She is asking for police barricades for the event. They would like to put on a fire works display and she has spoken with the Fire Chief. They would like to set up a stage on the empty lot on the corner of First Avenue and First Street. She has asked the Mayor to say a few words and welcome the people. They would like city hall to light up with all the other businesses on Sunday, December 4th. They would also like permission for businesses or organizations to sell on the sidewalks as a money maker. Motion bY Alderman Dickerson to grant the Christmas to Remember Committee permission to hold the parade of lights, the blocking of certain streets during the parade and fireworks and also allow organizations to sell on the sidewalks, seconded by Alderwoman Kilpatrick. Motion carried 7--0. APPOINTMENT - EX-OFFICIO MEMBER TO STUDY COMMISSION: In the recent election, three Study Commission members were elected by the vote of the public. The Mayor congratulated the new members, Bud Johnson, Joe Bradley, and Steve Cosner. The Mayor appointed Ron Marshall as the ex-officio member to the Study Commission. Motion bw Alderman Kello~ to confirm the Mayor's appointment of Eon Marshall as an ex-officio non-voting member to the Study Commission, seconded by Alderman Graham. Motion carried 7--0. The Mayor called for the first meeting on Tuesday, November 22nd at 7:30 p.m. in the council chambers. COMMITTEE REPORTS: --Budget Finance Committee minutes of November 1, 1994 were presented and reviewed. Motion bw Alderwoman KilDatrick to enter the Budget Finance Committee minutes of November 1, 1994, into the record, seconded by Alderman Easton. Motion carried 7--0. In regards to a question about the garbage truck rotation, the Mayor stated the old garbage truck will be but in reserve and made into a water tender for the sewer department. --City Council Committee of the Whole minutes of November 1, 1994 were presented. Motion b Alderman Ma sh ll to enter the City Council Committee of the Whole minutes of November 1,1994, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. --tit -Count P anni Boa d minutes of November 10, 1994 were presented and reviewed. Mot'o b Alderwo aKil atr'ck to enter the City-County Planning Board minutes of November 10, 1994, into the record, seconded by Alderman Kellogg. Motion carried 7--0. --Laurel Air oft ut o it minutes for October 25, 1994 were presented. Motio b A der a e lo to enter the Laurel Airport Authority minutes of October 25, 1994, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Kirk Blee, 509 Woodland, was requesting a building permit for a duplex at 513 & 515 Woodland. Be was previously granted a permit to build 509 & 511 Woodland MinUtes of the City Council of Laurel Page 3 Council Meeting of November 15, 1994 Kirk is in a hurry to get the building permit so he can get his concrete poured before winter sets in. He has tried to reach an agreement with Jim Flisrand to put in a road base, when the road can go through, on his half and the property owners on the other side would put in their half. Jim is concerned that, at this time~ the city doesn't have a right-of-way north of Kirk's property. The city is waiting for the signing of the plat and hopes to have it as soon as possible. Jim would like an agreement with Kirk that would require him to put the street right-of-way in once the plat is finalized. Jim said in order to have a useful street he would have to place the materials from §th Street, all the way south, adjacent to his property. Kirk feels he should put in only what is adjacent to his property. Jim stated he talked to the City Attorney and this is an unique situation because the city did grant Kirk a building permit for the first duplex. He was allowed to use the alley as a access because the public right-of-way was not available on Woodland. Jim stated that Kirk is wanting to build the second duplex under the same conditions he had for the first one. Jim stated the city does not have public right-of-way as of today, but he would like to see us enter into an agreement with Kirk stating that when the public right-of-way does become available, he will put the access in on Woodland. Lonnie questioned whether we could grant this building permit with the. stipulation that the building not be occupied until the road is completed. Kirk stated he does not want to pay for the road from 5th Street all the way to his property and feels this is the responsibility of the person who owns that property. He has put in the water and sewer service and improved the alley and they are benefiting from it. The owners adjacent to him have already received considerable increase in their property values because of the city services he has put in. He says it is not economically feasible for him to improve the entire street. In regard to Wasson Subdivision, Cai Cumin said that whoever holds the Certificate of Survey has to pay for the improvement. Kirk says that he did not know if this was something that would be normally required when subdividing but it would be required when it is developed. Typically it is not a problem because one owner is selling the whole subdivision and it is sold in order. This is a different situation because of the Certificate of Survey and the fact the subdivision was cut off when the interstate went through. In regard to a question about what is holding up the right-of-way, said the mortgage company in Florida has to sign off on the plat. followed regarding what has delayed this process. Joe Leckie Discussion Kirk stated again that putting the road through this property is not something he can do. Me sees that it could possibility digress into a situation where each property owner is waiting for the other one to put the road through. Bob Graham asked what the danger is of letting Kirk build under the same conditions he did before? Jim Flisrand said he wants a commitment from Kirk that the road will be improved when the right-of-way comes in. His concern is that the road be connected all the way from 5th Street down to the property in question. Kirk is objecting to doing the first 120 feet because it is adjacent to someone else's property. Jim feels if we allow all three duplexes to be built without a commitment Kirk, the street may never be put in until such time that an SID could be formed. from The Mayor referred this to Street and Alley They will meet on Thursday~ November 17th recommendation back to the council. Committee for further discussion. at 7:00 p.m. They will bring a Kirk stated that he has construction bonds and has to get started building. He would like to get the matter resolved so he doesn't have to go through this process again. He is willing to pay for half of the street that runs in front of his property only. Cal Cumin stated that the city has to be concerned about the access to all lots in the area. Kirk stated he is upset that this did not seem to be a problem when h~ built Minutes of the City Council of Laurel Page 4 Council Meeting of November 15, 1994 about this before he invested in thousands of dollars in this parcel of land? If he knew this was going to happen it would not have gone this far. This item will be put on the agenda for the December 6th council meeting. WILD, WILD WEST FUN CENTER In regard to the Wild, Wild West Fun Center, Cal Cumin stated the developers are planning a major water recreation facility. Laurel happens to be in need of a pool facility because the current one is in such bad shape. Cal suggested to them that they may work with City of Laurel on providing a municipal swimming pool. He feels this needs to be explored because the swiping pool is a major expense to the city taxpayers. If this pool becomes a reality, the city needs to look into the possibility of using it as a municipal pool. It wouldn't change the way kids use the pool, they could use an arm band or a pass system. The Mayor commented that this is definitely a matter to look into. APPOINTMENTS: The Mayor made the following appointments to the Ambulance Reserve: Scott Wilm Helen Wrzesinski Carol L. Abromeit Gary Ludwig Jeff Stichter Motion by Alderman Graham to confirm the Mayor's appointments of the people mentioned above to the Ambulance Reserve, seconded by Alderman Ehrlick. Motion carried 7--0. The Mayor stated there will be a meeting with State Representatives on Wednesday, November 16th at 9:00 a.m. in the Engineers office regarding solid waste. There is no further business to meeting was adjourned at 7:44 p.m. Approved by the Mayor and passed Montana, this 6th day of December, ATTEST: Donald L. Hackmann, City Clerk come before the Council at this time, the Donald L. Hackmann, City Clerk by the City Council of the City of Laurel, 1994,