Loading...
HomeMy WebLinkAboutCity Council Minutes 10.18.1994Minutes of the City Council of Laurel October 18~ 199,1 A regular meeting of held in the Council Chambers and called 7:00 p.m.~ on October 18, 1994. COUNCIL MEMBERS PRESENT: John Minch Bob Graham Lonnie Kellogg Donna Kilpatrick COUNCIL MEMBERS ABSENT: Albert Ehrlick the City Council of the City of Laurel~ Montana, was to order by Mayor Charles Rodgers at Gay Easton Chuck Dickerson (late) Ron Marshall INVOCATION: Invocation was given by Reverend Peterson. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of October 4, 1994 as presented~ seconded by Alderwoman Kilpatrick. carried 6--0. CORRESPONDENCE: Received the activity report for the month of Septelnber from the County Air Pollution Control Board. Received a membership bulletin from the Montana League of Cities regarding Initiatives 66 and 67. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the September~ 1994~ were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City financial statements for the month of September, 1994~ be approved Alderman Easton. Motion carried 6--0. CHANGE LICENSE FEE FROM $ 50 TO $ 60: ORDINANCE NO. 094-23 (first reading AMENDING SECTION 5.08.010 OF THE LAUREL MUNICIPAL CODE, GENERAL BUSINESS LICENSE FEES meeting Motion Yellowstone and Towns month of seconded by Motion by Alderwoman Kilpatrick that Ordinance No. O94-23 (first reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen voted~ "YES". Motion carried 6--0. FIRE INSPECTION FEES SET BY RESOLUTION: ORDINANCE NO. 094-24 (first reading) AMENDING SECTION 5.04.061 OF THE LAUREL MUNICIPAL CODE, FIRE INSPECTION FOR BUSINESSES Motion by Alderman Graham that Ordinance No. 094-24 (first reading) be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 6--0. HOME OCCUPATION - APPLICATION FORM AND FEE: RESOLUTION NO. R94-49 ADOPTING A REVISED HOME OCCUPATION REQUEST APPLICATION FORM AND ESTABLISHING AN APPLICATION FEE Motion by Alderman Marshall that Resolution No. R94-49 be passed and adopted~ seconded by Alderwoman Kilpatrick. Chuck Dickerson arrived at this time, 7:10 p.m. Cat Cumin stated the previous two ordinances were amending license fees which did not have to be done by ordinance, according to the city attorney. Under subdivision areas that he has administered, Subdivision Law 16.56.050 says an appropriate fee shall be established by public hearing in the Planning Board for such things as subdivision~ final and preliminary plats. Fees for things like zone changes, variances and amendments have all been established someplace else, where Cal does not know, but every appl2cation Minutes of the Page 2 Council Meeting of October 18, City Council 1994 of Laurel Joe Leckie said there is no defining statute. Some are set by ordinance and others are set by resolution. Regarding this form, Cal said he feels it is a good form that will be very helpful. The modification to the form is the paragraph that requires that all adjacent property owners be notified, a list be attached and the property owners indicate whether they support or oppose the home occupation. If the applicant does not supply this information~ it is grounds for denial of the application and they forfeit the fee. Ca] said this will make the applicant think because right now they have pending applications where the person has not shown up for three months. A vote was taken on Resolution No. R94-49. Motion carried 7--0. COMMITTEE MINUTES: --Budget/Finance Committee minutes of October 4, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick minutes of October. 4, 1.994, into the Motion carried 7--0. the Budget/Finance Committee seconded by Alderman Easton. --City Council Committee of the Whole minutes of October 4, 1994 were presented. Motion by Alderman Marshall Whole minutes of October 4, 1994, Motion carried ?--0. to enter the City Council Committee of the into the record, seconded by Alderman Minch. --City-County Planning Board minutes of October 13, 1994 were presented and reviewed. Cal Cumin stated an annexation request has been submitted by Jon Dehler and Brad Anderson to annex 49.4237 acres into the city limits. The land is currently being used as farmland and is located just east of Equipment Finders~ west of Hoffman's Greenhouse and north of the interstate. The Planning Board reviewed the request and recommended approval. They would like to hold the public hearing at the council meeting on November 1st. Cai said this is a good proposal for the city. The developers would like to build a water park-recreation site with a possible R.V. site and motel in the future. Each addition will come in its own time and will come through the subdivision process. All. that is being approved now is the annexation of the land. Cal said city services are there and it is located next to a paved street. It will benefit the city to have the land on the tax rolls~ even if the project doesn't go through. Motion by Alderman Kellogg to hold a publSc hearing regarding the annexation of 49 acres of land on November 1st, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Cal questioned whether the council can act on the annexation at the next meeting, after the public hearing has been held. It was stated that they can and Cal will have a resolution ready for the meeting. Cal said the reason for this is that the developer is under a buy/sell time frame on the land. Motion by Alderman Dickerson to enter the City-County Planning Board minutes of October 13~ 1994, into the record, seconded by Alderman Kellogg. Motion carried 7--0. --License Committee minutes of October 5, 1994 were presented and reviewed. Motion by Alderman Graham to enter the License Committee minutes of October 5, 1994, into the record, seconded by Alderman Marshal]. Discussion regarding the increased business license fee which would include a fire inspection when required. There was some confusion about when a fire inspection is required and it was explained that some business licenses do not require an inspection such as plumbers, contractors and distributors. This issue will be discussed in detail at the next License Committee meeting. A vote was taken on the motion. Motion carried 7--0. --Police Committee minutes of October 8, 1994 were presented and reviewed. Page 3 Council Minutes of the City Council of Laurel Meeting of October 18, 1994 the funds are not available now, we are going to wait until we can purchase the type of system that is needed. There are other companies that will be looked at in addition to this one. Ron stated that the committee is just in the exploratory stages of looking at different systems. When are ready~ we will have to go out for bid on a system since it will be over $ 20~000.00. Motion by Alderman Marshall to enter the Police Committee minutes of' October 8, 1994, into the record~ seconded by Alderman Kellogg. Hotion carried 7--0. --Street and Alley Committee minutes of October 6, reviewed. 1994 were presented and Motion by Alderman Easton to enter the Street and Alley Committee minutes of October 5, 1994, into the record, seconded by Alderman Graham. At the committee meeting, it was stated that the city cannot legally sell public right-of-way, such as a vacated street or alley. The only thing the city can charge for is any expense involved in the vacation. Joe Leckie stated land is held by the city in two different manners. The first is in terms of what is called a simple interest deed which includes our parks and city owned property. In some cases~ the city actually receives legal title to the streets. In cases such as these~ the city can sell the vacated street or alley. The other manner in which the city holds land is right-of-way interest. When iadividuals develop a subdivision, they give the city public right-of-way. Joe stated our ownership of this is different in that~ the rights that we have, are to develop the right of way only. If we don't use it and choose to vacate, Jt goes back to the leased property owners. We are limited in what we can do~ as far as the transfer of the property. Joe siad most of the cases that come before the city are vacations. The only action we can take as a city is to maintain the public right-of-way or to vacate it. If we vacate it, we can charge the cost of vacation but we cannot put. a price tag on the land itself. A vote was taken on the motion. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: None MAYOR'S COMMENTS: The Mayor stated there has been quite a bit of progress on 'the dryin~ beds at the sewer plant. Concrete is being poured to hold a culvert in place on Montana Avenue, between llth and 12th Streets. Eventually the street will be widened to the proper width. The ditch is being cleaned on 7th Street by Spruce Grove and the street is being graveled and the barricades are being addressed. Chuck Dickerson stated he has decided not to resign from the council. He has a situation that he will try to work with and make the best of it. He will continue to be on the same shift and he will do his best to get here as soon as he can for the council meetings and attend as many of his committee meetings as he can. There being no further business to come before the council at this time, meeting was adjourned at 7:35 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 1st day of November, 1994. Charles Rodgg~s~Mayor