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HomeMy WebLinkAboutCity Council Minutes 04.19.1994Minutes of the City Council of Laurel April 19, 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 April 19, 1994. COUNCIL MEMBERS PRESENT: Chuck Dickerson Albert Ehrlick John Minch Donna Kilpatrick Gay Easton BoB Graham Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Reverend Mangum. MINUTES: Motion by Alderman Marshall to approve the minntes of the regular meeting of April 6, 1994, as presented~ seconded by Alderman Graham. Motion carried 8--0. CORRESPONDENCE: Received a memo from Joe that prohibit loitering (Item #7 on the agenda) Leckie, and also City Attorney, regarding solicitation on or near ordinances roadways. Gay Easton received a letter from the Yellowstone County Commissioners regarding the road closure of the County road along Airport Road on April 29th. Received a memo from Ken Haag, P.E., Director of Public Works for the City of Billings, regarding quarterly landfill users summit meetings. Received a letter from the Montana Tradeport Authority requesting the use of the council chambers to hold their quarterly meeting on April 28th at 7:00 p.m. Lonnie commented that this is an important meeting. It is his understanding that the Tradeport is going to loan money to the Deering Clinic to expand its operation. This is just one government agency giving money to another government agency and Lonnie is totally opposed to it. This is the time to voice your opinion regarding this. Cai Cumin said he knows they are involved in it but he does not have any information on it. He made some general comments about the Tradeport. The City Clerk will notify the Tradeport that it is alright to hold their meeting in the council chambers. Received the March minutes and activity report form the Yellowstone County Air Pollution Control Board. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of March were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of March, 1994, be approved, seconded by Alderman Dickerson. Motion carried 8--0. JIM WORTHINGTON - WASSON SUBDIVISION: Jim Worthington is representing the City in regards to developing property in Wasson Subdivision, Certificate of Survey #613, owned by Bob Wasson. South 5th Street has only been a half width street where it borders Wasson Subdivision. Up until recently, the individuals who owned it were not interested in selling. Mr. Wasson is now in agreement to allow the dedication of South 5th and a portion of Woodland Avenue from South 5th Street to the lots south of it in Sheets Subdivision. This opens the possibility of the city developing South 5th Street and Woodland Avenue which would then provide access to undeveloped lots in Sheets Subdivision. Sheets Subdivision was platted in 1947 and when the interstate came through, it took the south portion of it and land locked several lots in this subdivision. A duplex has been started on a lot in Sheets Minutes of the City Council of Laurel Page 2 Council Meeting of April 19, 1994 line down the alley. With the sewer along South 5th Street~ development of the subdivision is previous developments of water and we have a situation where the fully served by city utilities. Recently, the council approved an agreement with Mr. Wasson to do the improvements on South 5th Street which will include excavation, graveling, future paving and curb and gutter, at some later date~ as time and budget allow. The Planning Board recommended approval, subject to the conditions of the subdivision agreements~ which states that the City will make improvements along South 5th Street. The developer of the two lots in Wasson Subdivision, which are to be developed in the near future, is required to participate in the development of Woodland Avenue and prior to occupancy, the curb, gutter and sidewalk must be completed. This property is zoned multi-family limited and has been inside the city limits for many years. Mr. Wasson has an existing home on Lot 2, Block 2~ and he intends to stay there. Recently tile City agreed, at our cost, to remove trees and an existing drain ditch on the north side. The plat has been prepared in accordance with those recommendations. Cal Cumin said the Planning Board recommended approval of the subdivision and this is the preliminary plat where all the decisions are made. What the council approves tonight is what gets done when the final plat comes back. Cal went on and explained the three provisions that the Planning Board put on the plat. Jim already explained the curb, gutter and sidewalks and the improvements to Woodland Avenue but Cal explained the dedicated park land that is required by state law. This is something that cannot be waived and Cal hopes the council approves the plat subject to these conditions. He and Jim will work out the specifics regarding the park land in the next month. Bob Graham said he was approached by a man who is interested in purchasing Lot 1, Block 2. He had questions about the drainage problem that would arise if he is required to put in curb, gutter and sidewalk along Woodland and the City does not put in curb and gutter on South 6th Street at the same time. He wanted to know if he could wait to install his portion of it until the city puts in their portion, so it is one continuous stretch and avoids any problems. Jim stated that the drainage is to the south on Woodland Avenue. The map shows that there is approximately a two foot drop from 5th Street to the right-of-way and Jim said this should not cause a problem with this lot. Bob addressed another concern of this man. He wondered if he is going to be required to put sidewalk, not only on Woodland but also along South 5th Street. Discussion and it was stated that this is not a requirement of the Planning Board because there is no sidewalk on the south side of South 6th Street by the church or the park. It was clarified that the City will not install curb and gutter on the undeveloped lots bordering South 5th Street, but only on the one lot where Mr. Wasson currently has his residence. This was part of our agreement with Mr. Wasson. Donna Kilpatrick said she understands this person's concern and asked if the City has a time frame for finishing South 5th Street. Chuck said it would depend on when the street is actually opened and when the development of the lots actually takes place. Dave Michael said there is money in the budget for next year. The three conditions listed in the Planning Board minutes are: 1) that the words "and be completed before occupancy of any unit" be added, deed restrictions need to be added requiring the owners of Lot Block 1 and Lot 1~ Block 2 to improve their frontage of Woodland Avenue when the City improves South 5th Street. and 31 ~+.~+~ Minutes of the City Council of Laurel Page 3 Council Meeting of April t9~ 1994 Motion by Alderman Ehrlick to approve the preliminary plat, subject to the three condition mentioned in the Planning Board minutes of April 14, 1994, seconded by Alderman Graham. Motion carried 8--0. VACATING ALLEY ON TRACT 1-B - CERTIFICATE OF SURVEY #1780: Joe Leckie, City Attorney, reported on vacating the alley on Tract I-B, Certificate of Survey #1780. It would take a petition, then a posting of notice that the council is going to act on the petition to vacate the alley. It would need to be posted in three locations and published in the newspaper at least one week before any action is taken. It would then require a majority vote of the council. It was stated that it will be put on the council agenda for the May 17th meeting. Lonnie asked if we can establish a value for this land since it is city property. Joe said that in terms of the vacation, there is not a transfer of consideration. If you are vacating it~ you are essentially abandoning any right to it. If you want to sell or have a transfer consideration, you can do that. Cal said the question of whether or not you charge depends on who is asking to have it done. If it is in the interest of the city, you would not charge but if a private landowner requests it, the city can still do the vacation process and charge him the appraised value of it. It was stated that the person requesting it owns the property on both sides of the alley. Cal said if it is abandoned, it is not for the City's benefit. The City is the one who is spending their time on it~ going through all the paperwork and incurring the cost of the advertisement and the property owner is the one benefiting from it. That is not the function of the city. The daughter of the owners spoke and said that when the property was purchased, the surveyor had the alley put in and told her parents that it would help the city to decide in their favor~ shou].d they decide to apply for zoning for multiple housing. She said her parents live in Washington and have been trying to sell the land for years since they have no plans of developing it. In order to make the land attractive to future buyers, they are asking that the alley be vacated. They were told that there should not be a problem but if there is, we can approach it together. Cal commented that he has advocated for years that the City charge people when we vacate public property. It doesn't have to be based on the appraised value of the land. It can simply be a predetermined dollar figure based on the amount of land. You donJt have to make money on it but at least cover the City's costs in handling it and doing the paperwork involved. Cal said this does not apply to this particular case since it is already before you, but he encouraged the council to consider it in the future. Joe said this would be city would have cost right-of-ways. appropriate through an ordinance, whereby the recovery for vacation or abandonment of The daughter, was asked the question if her parents would be willing to pay the costs that the city goes through in vacating this property? She said she feels they would, to a certain extent. The asking price has been dropped considerably and it would just depend on how reasonable the offer is. Cal clarified that the city cannot charge on this property. An ordinance would have to be drawn up and passed by the council before we could charge for this. Dave Michael stated that at the next Street and Alley Committ. e~ Minutes of the City Council of Laurel Page 4 Council Meeting of April 19, 1994 Chuck Dickerson stated that if this property sells and a duplex is built on it, it will bring in a lot more tax revenue than it will by sitting vacant. Joe informed the daughter that we need a petition from her parents to the city council, asking that we vacate this alley. As soon as we receive this, we can publish the necessary notices and get it on the council agenda for a vote. The council directed the City Attorney and Cal Cumin ordinance which would allow us to charge for vacating land. to draw up an and abandoning REPORT ON PANHANDLING: Joe submitted a memorandum to the City Council regarding an ordinance which would control or prohibit the solicitation or begging for money by individuals in the City of Laurel. Also attached were two example ordinances which meet all the constitutional requirements. Joe said the city currently has an ordinance on vagrancy but it is unconstitutionally vague and would not be enforceable. Joe commented on the two examples that are attached to the memorandum. The first one is a General Loitering Statute and the second is on Prohibition of Solicitation On or Near Roadways. The purpose of these ordinances is to prevent interruption of traffic or to prevent people from being harassed. Bob Graham spoke in favor of the first one because of he feels gives our police more power in enforcing the actually defines loitering. Section 2, which ordinance and it Ron Marshall feels the ordinances should be referred to the Police Committee. The Mayor agreed and referred this to the Police Committee for their input. Joe stated he received an anonymous phone call from an individual who felt that the transients are lowering the value of her property. Joe said this kind of consideration on behalf of the council for an ordinance would be entirely inappropriate and unconstitutional. Joe said we have to address this on the basis that we are going to serve the public by police powers such as free flow of traffic, preventing people from being harassed, etc. People have the constitutional right to ask other people for money but~ we can control that as to time and place. CLOSING STREETS FOR AVIATION WEEK: Gay Easton reviewed what streets will be closed for "~'~ ' Thursday and Friday, April 28th and 29th as follows: Thursday & Friday Close E, 8th Street Close E. 9th Street Close E, 6th Street from FJ.r'~;t Aw~, to Pennsylvania Avenue at al].ey Southeast of the bus barn from First Avenue to Wyoming Friday only Wyoming Avenue from E. 8th to E. 6th Streets Close Thomson Park on Thursday and Friday Get access to lights in Legion Field Remove garbage cans at LHS (empty Thursday a.m. inside the gym exit) early, store Motion by Alderman Easton sheet for Aviation Week on April Marshall. to close the streets listed on the 28th and 29th, seconded by Alderman It was suggested that the Laurel Outlook run an ad notifying the public of the Street closures. Gay gave Jennifer Draper a copy of the street closures. The Mayor stated that for the security and safety of the people, he would like to make sure that no baseball t.~m~ ,,=~ +h~ ~=~ ~ Minutes of the City Council of Laurel Page 5 Council Meeting of April 19, 1994 Gay stated that they anticipate approximately 13,000 people on Friday. A vote was taken on the motion. Motion carried 8--0. REVIEW RICHARD LARSEN'S PROPOSAL: Lonnie Kellogg questioned how City ordinances apply to the special council meeting that was held on April 13th and the legality of it. Written notice was not given for this meeting. Lonnie said he feels those minutes should be Committee of the Whole minutes rather than Special Council minutes and the vote that was made needs to be brought up again, since it is on the agenda. Motion by Alderman Dickerson to bring the issue back to the floor regarding the vote on Richard Larsen's proposal, seconded by Alderman Graham. Motion carried 8--0. Chuck Dickerson stated he has a couple of concerns and he has heard some comments about this being a union busting tactic on the part of Mr. Larsen. He feels that the way the City is approaching this~ it should be pointed out that this is not the intention of the council. Ail employees, both union and non-union~ will be asked to voice their opinions and take part in this process. Chuck said it is his understanding that if you want to bust a union, you keep it strictly to management. The Mayor stated that if everyone read the proposal, they would realize that we contacted Richard Larsen as a consultant and we specified what we want him to do. He has the expertise to cover many different areas but, we are the ones who selected what we want him to do. Chuck said he did not know where the rumor came from about Mr. Larsen being a union buster. If he had been hired by a certain establishment to go into a contract for that reason~ then he would be a union buster. He is being paid for the services that the council directs him to do. We are trying to find out what the future needs of our organizational structure are and how they relate to the future of our community. We also want to identify our need for a supervisor and in what capacity they will serve. John Minch said he also heard the rumors so he called to Helena and talked to a representative of Council 9, which is the union that represents the City. They have no problems with Richard Larsen at all. Chuck said it is unfortunate, all caused by this rumor, especially something that will help. the confusion and turmoil that was when the City is trying to do Donna said she agrees with the concept of this proposal but she said it is unfortunate that Mr. Larsen has the reputation of being a union buster. She said if there was anyone else to choose from~ she would be more comfortable~ but after checking~ he is the only one listed in the phone book. Discussion followed and Chuck said the council does have the final Motion by Alderman Graham to adopt Richard Larsen's proposal as presented to the council, seconded by Alderman Marshall. The Mayor stated that if this is accepted, Mr. Larsen gave us new dates of when he could start. On April 26th, he would like to meet with the Council, the Mayor, department heads and staff in a meeting from 8:00 a.m. to 5:00 p.m. Interview dates would be on May 4th, 6th, and 12th and he would come back on May 18th at 6:30 p.m. to give us direction and hear the desires of the council. In regard to the money issue~ Chuck said you have to remember that we are not paying the salary of an engineer right now. A vote was taken on the motion. There being a division of the house, a roll call vote was taken. Motion carried 6--2 with Aldermen Ehrlick and Kellogg voting, "NO". Minutes of the City Council of Laurel Page 6 Council Meeting of April 19, 1994 REQUIRING BOND FOR CONTRACTORS: ORDINANCE NO. 094-8 (first reading) ADDING SECTION 5.08.040 TO THE LAUREL MUNICIPAL CODE, CONTRACTOR'S LICENSE AND BOND REQUIREMENTS Vicki Metzger stated that any contractor who has been licensed for a period of three consecutive years or more, will not be required to obtain a compliance bond. Bob Graham said the main objection from our local contractors who have been here for a number of years~ is that they have already proven themselves. They have been doing business in Laurel and have been very successful. They felt the bond was an additional cost to them that is not necessary because they are reputable. The committee felt the bond is to protect the buyer because they may not know the reputation of the contractors. Bob said this was evident after the last hail storm when we had many additional contractors in town who seem to follow disasters. Joe said that upon the passage of this ordinance, there needs to be a resolution establishing the amount of bond that each would be required to obtain. The minimum amount that you normally want to deal with is around five to ten thousand dollars. Joe talked with someone from Hoiness LaBar and he indicated that the minimum bond price is about $100.00 which would buy a $ 10,000.00 bond. Different contract categories are rated differently, but most of the ones listed in the ordinance are rated closely. More discussion and Joe said that when the meeting was held with the contractors~ there was a lot of confusion between a compliance bond and a performance bond. We are requiring a compliance bond and Joe went on to explain it. Lonnie explained that this will not alleviate all our problems. If a contractor goes out and complies with the city codes, but doesn't complete the work, there is no action we can take against the bond or the person. The buyer would have to file a civil suit. This bond only states that any work done, must be done to comply with city codes. It was pointed out that the wording is incorrect in Section 3 (a) and it should read "compliance" instead of "performance". Motion by Alderman Dickerson that Ordinance No. 094-6 (first reading) be passed and adopted, seconded by Alderwoman Kilpatrick. Motion by Alderman Graham to amend Ordinance No. 094-6, Section 3 to change performance bond to compliance bond, seconded by Alderman Marshall. Motion carried 8--0. A roll call vote was taken on the motion as amended. Motion carried 8--0. A public hearing will be held on the ordinance at the next council meeting. COMMITTEE MINUTES: --Board of Adjustments meeting of April 12, 1994 were presented and reviewed. Cal Cumin commented on the continuation of a non-conforming use for Kukes' at 401 East 5th Street. Motion by Alderman KellogK to enter the Board of Adjustments minutes of April 12, 1994, into the record~ seconded by Alderman Ehrlick. Motion carried 8--0. --Budget/Finance Committee minutes of April 5, 1994 were presented and reviewed. Motion by Alderman Marshall to enter the Budget/Finance minutes of April 5~ 1994, into the record, seconded by Graham. Committee Alderman Minutes of the City Council of Laurel Page 7 Council Meeting of April 19, 1994 The Mayor commented that the repairs to the loader ended up being less than we anticipated and this is do in part to the good maintenance that Dave Saylor performed when he was our mechanic. A vote was taken on the motion. Motion carried 8--0. --Budget/Finance Committee minutes of April 18, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of April 18, 1994, into the Alderman Marshall. Motion carried 8--0. the Budget/Finance record, seconded by Chuck commented that once an assessment is taken off, it is hard to put back on. He expressed his ideas about the special assessments, particularly the sweeping district. More discussion followed regarding the possibility of setting up a new sweeping district for residential customers, the costs involved in purchasing a sweeper, how it would be funded, etc. It was suggested that the Street and Alley Committee review this. --City Council Committee of the Whole presented and reviewed. minutes of April 5, 1994 were Motion by Alderman Graham to enter the City Council Committee of the Whole minutes of April 6, ]994, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --City-County Planning Board minutes of April 14, 1994 were presented and reviewed. Cal commented that he would like the Planning Board to use part of its existing budget to get us started with Yellowstone County on the GIS Napping System. The system would allow us access to many different maps, once we get the information into the system. Cal showed an example of our zoning map and explained it. He said the maintenance costs would be relatively low for Laurel because we do not have a lot of changes. HOME OCCUPATIONS John Krauss, 1421 East 8th Street, is requesting a home occupation to make custom steel furniture at his home. Be is doing this right now to supplement his income and hopes to go into it full time at a later date. He will not display the furniture at his home, and he will depend on word of mouth for advertising. He has no neighbors within 100 feet. The Planning Board recommended approval, subject to no customer traffic to the home. Motion by Alderman Kellogg to grant a home occupation to John Krauss, subject to no customer traffic coming to the home, seconded by Alderwoman Kilpatrick. Motion carried 8--0. Lee Plummet, 802 Date, is requesting a home occupation to allow him to continue his phone sales business of oil and petroleum products of which he keeps a small quantity of the products at his home. There will be no customer traffic to the home. Cal said the Planning Board recommended approval because this is a very small scale operation. Motion by Alderman Kellogg to grant a home occupation to Lee Plummer, pending a fire inspection, seconded by Alderman Marshall. Motion carried 8--0. Motion by Alderman Kellogg to April 14, 1994, into the record, Motion carried 8--0. enter the Planning Board minutes of seconded by Alderwoman Kilpatrick. --Garbage Committee reviewed. minutes of April 18, 1994 were presented and In regard to the different tasks at the landfill proposed by Geo Research, the committee moved to go ahead with Tasks: 7 & 8A~ but not 6A. Bob explained that 6A is where we were going to go in and drill Minutes of the City Council of Laurel Page 8 Council Meeting of April 19, 1994 two wells northwest and northeast of the present transfer site. Pat Ports said we could do that but it does not mean she will change her mind, so there is no use in wasting our money. We are simply going to go ahead and do what Mrs. Potts tells us to do. Task 7 will be done by GEO Research and it will cost $ 10,816.00, Task 8 will cost $ 5,486.00 and Task 8A will cost $ 10, 031.00. The final cost of doing all the tasks that are required, through 10, will cost the City $ 33~608.00. When we finally get done with this~ to monitor these wells for the next a year. we are going to have to 30 years at a cost of $ continue 20,000.00 Bob stated that the minutes need to be amended to state that Task 9 will not be done at this time. In response to a question, Bob said other communities are having these kinds of problems also. A committee is being formed of all the communities that dump at the Billings landfill to see what can be done as a group to help alleviate some of the problems that state and federal governments are requiring, regarding the closure of landfills. Motion by Alderman Graham to enter of April 18, 1994, into the record, as Dickerson. Motion carried 8--0. the Garbage Committee amended, seconded by minutes Alderman --Laurel Community Development Committee minutes of April 14~ were presented and reviewed. 1994 Motion by Alderman Easton to enter the Development Committee minutes of April 14, 1994, seconded by Alderman Graham. Motion carried 8--0. Laurel Community into the record, --License Committee minutes of April 14, 1994 were presented and reviewed. Bob Graham commented that Bare Skin Tattoos has applied for a business license. Neither the State Health Department, nor the Yellowstone County Health Department have any restrictions at this time. The question is whether or not the City of Laurel wants to put restrictions on a tattoo parlor. Bob said he does not feel that we can deny the license at this time. This was referred to the License Committee for further study. Motion by Alderman Graham to enter the License Committee of April 14, 1994, into the record, seconded by Alderman Motion carried 8--0. minutes Ehrlick. --Parks Committee minutes of April 14, 1994 were presented and reviewed. Donna stated that the agreement for use of the Thomson Park concession stand is attached to the minutes. Motion by' Alderwoman Kilpatrick to approve the agreement for use of the Thomson Park concession stand with the American Legion and Little League, seconded by Alderman Dickerson. Motion carried 8--0. Motion by Alderwoman Kilpatrick to enter the Parks minutes of April 14, 1994~ into the records seconded by Minch. Motion carried 8--0. Committee Alderman --Public Utilities Committee minutes of April 12~ 1994 were presented and reviewed. Joe Leckie stated that there are three elements in terms of the city water rights. We have filed two claims for appropriation, one of which we reached an agreement with the State and we will receive in full for the 10.6 cubic feet of water per second. Joe said this is about 30% - 40% beyond our usage at the current time. We use about 4-5 million gallons a day and this equals about 7 million a day. This is a right of the City of Laurel forever. Minutes of the City Council of Laurel Page 9 Council Meeting of April 19, 1994 We received another reservation of an additional 7 million gallons per day that we can draw on if we need to. According to the figures, 7 million gallons would serve approximately 30,000 people in addition to what we already have. We now have the capacity to serve from 30-50 thousand additional residents. The reservation is for 10 years and can be reviewed at that time. The 10.6 cubic feet is ours forever and will never come up for review. In order to receive this, the City has given up its second request for appropriation. Joe said this would have been through the hearing process and there is a slim chance we would have received it anyway. Motion by Alderman Marshall to enter the Public Utilities Committee minutes of April 12, 1994, into the record, seconded by Alderman Graham. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: Chuck Dickerson commented on building permits and said he felt it would be nice to publish something in the Laurel Outlook regarding permits, as a service to the public. If you tell the public what types of jobs require a permit, the residents will have a better idea of what is required when they start a project. More discussion followed and it was decided that work with Dave Michael to come up with a list of permit. Chuck and Bob will jobs that require a Don Hackmann stated he has received the new updates to the code books and asked each person with a book to bring it in so it can be updated. There will be a Budget/Finance Committee meeting on Wednesday, April 20th at 4:30 p.m., to review the 1994-95 budget. MAYOR'S COMMENTS: The Mayor stated he would like to appoint a committee Cumin with the ISTEA funding. Some time ago, there was who was trying to turn the old log cabin building into an center but it is no longer active. to help Cal a committee information The Mayor appointed the following people to the CTEP Committee: Milt Wester Chuck Rodgers Kent Harris Darrell McGillen Jim Worthington Gay Easton There being no further business to come before the council at this time, the meeting was adjourned at 9:02 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of May, 1994. ATTEST: Donald L. Hackmann, City Clerk