HomeMy WebLinkAboutCommittee of the Whole Minutes 12.03.1996
MINUTES
CITY COUNCIL COMMITTEE OF THE WHOLE
DECEMBER 3, 1996 6:30 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Chairman- Chuck Rodgers
Dirk Kroll Gay Easton
Donna Kilpatrick William Staudinger
Miles Walton Bud Johnson
OTHERS PRESENT: V. Joe Leckie D.L. McGillen
Mike Atkinson Jim Flisrand
Andy Loebe Don Hackmann
Cal Cumin
Chuck informed everyone that Mike Atkinson, Police Chief, has
resigned effective 7-1-97.
Mike pointed out that his resignation has nothing to do with some
of the problems at the Police Department. Mike talked to the Mayor
several months ago regarding resigning. By giving this long of a
notice Mike feels this will give plenty of time for a new police
chief to be selected.
Bud commented that the zoning ordinance is a very complex issue.
One of our resources to help in this situation is the staff. The
information and guidance that they give can be a very critical part
of that process.
Miles commented that he was sorry to see Mike leave and appreciates
the time he is going to give to make a smooth transition. Mike has
been a real asset to Laurel.
Discussion regarding the agenda structure. Gay suggested that the
committee reports be listed on the agenda right after claims,
before anything else is discussed.
Gay suggested that we have an agenda meeting from 6:30 p.m. to 7:30
p.m. prior to the council meeting to discuss items that are on the
agenda that night.
Miles agreed with Gay to move the committee reports, but do they
have to be openly read at the council meeting? He was asking if
the agenda and committee report meeting could be held prior to the
council meeting and then adopt the reports at the council meeting.
Don reported that when he has attended workshops with the League of
Cities and Towns, they cautioned everyone about having discussions
at pre-council meetings and then voting on the issue at council
meetings without any discussion. There is no reflection in the
council minutes of any discussion taking place.
<FROM: Jim Flisrand, Director of Public Works
TO: Mayor and City Council
DATE: December 3, 1996
SUBJECT: Public Works- UPDATE
STREET & ALLEY
1. Pothole patching (weather permitting).
2. Sign replacement as needed.
3. SID 110 is primarily completed writing to schedule final
inspection with Engineer.
4. Plowing of emergency routes, and sanding as needed.
PARKS & CEMETERY
1. Equipment and building maintenance in preparation for next
season.
WATER & SEWER
1. Plants continuing with normal treatment and maintenance
activities.
2. Water Improvements Project continuing with final design.
Working with consultant on proposed water rates.
40 3. Two water leaks within the last month. Typical this time of
year.
4. Meter replacement program continuing through winter months.
SOLID WASTE
1. Proceeding with collection and container site operation as
required. The new container site is open.
ADMINISTRATION
1. Construction planning and building activity is typical of this
time of the year, with continual commercial activity.
2. Underpass project is in progress. The underpass phase is
primarily completed with the lift station being the primary
objective now.
3. Working with COP Construction regarding installation of water
lines associated with the bridge project. Work to begin
December 4, 1996. Water Plant will be down for approximately
8 to 12 hours.
4. Lift station at Village Sub. electrical problems one pump to
replace seal and recondition.
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Section #20--10
C I T Y O F L A U R E L
INCIDENT REPORT
(A) REPORT SUBMITTED BY
Name Richard Black Phone 628-6755
Address 3121. 13th St. ??
(B)
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Signed _????/ Date
Action requested Di out reco
concrete sidewalk and curb--if needed.
Purpose of request w nt c' t
sewer line and it needs to be fixed.
Damages or loss incurred (what - when- where)
1000. for side walk that has already been replaced so that I could
get the yard in. Plus whatever else to takes to get everything
corrected. The first week in May. At 312 W. 13th St.
REPORT (City use only)
Onsite interviews
LAL
..,. . ..,
Onsite investigation
Investigator's recommendations
4, 16CLud
City of Laurel
signed)
In the Mathis subdivision on the thirteenth street, starting at
Lot 6 through 15, crossing the street at 4th Ave. to the alley
between 4th Ave. and 5th Ave., there was a sewer line laved.
This sewer line was dug, layed and then filled with very little
compaction. Now homes are being built and the sewer line is about
3 or 4 inches out from the curb. The line is settling and the curb
is moving away and tipping down on the front edge.
The water stub in and sewer stub in has settled leaving a void
under curb and sidewalk. It's already cost $1000. to saw cut,
jack hammer, remove and to haul away. To dig out, haul in fill,
compact and to replace two sections of sidewalk.
There is a man hole to the west of me that the pipe was layed
through--man hole set down, but never cut in.and concreted at the
bottom. I feel that the city of Laurel did not check in on this
job and just let the contractor-developer go. The sewer line
should have been moved out in the street three feet or so, had
proper compaction and proper fill put back in,
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Alexsis o Risk Management Service
P.O. Box 136
Helena, Montana 59624-0136
Telephone (406) 442-3090
FAX (406) 442-3393
IN. MT 1-800-432-9100 March 23, 1996
Richard Black
312 West 13th
Laurel, MT 59044
Re: Our Client: Montana Municipal. Insurance Authority
Member Entity: City of Laurel
Our File: 15MIA94GO625-01
Date of Loss: 10/1/94
Type of Loss: Sidewalk Damage
Dear Mr. Black:
This letter follows our many telephone conversations and my subsequent
investigation into your claim against the City of Laurel.
Based on my investigation of this matter, it appears that your lot was
annexed into the City of Laurel in 1979. This annexation included only
your lot, and not the public right of way to the north of your lot. None
of 13th Street West would be included in that annexation. In checking
city records, it appears that no permits were taken out with the City
with regard to street openings, curb/gutter, or sewer. The City does not
have jurisdiction over the right of way north of your property, as this
is the county right of way. According to City personnel, the County
still maintains 13th west. As we have previously discussed, the sewer
main which you allege is causing the settlement of your sidewalk was
installed by the developer prior to the development of your property.
Since this main was installed in county right of way, the City could not
exert any jurisdiction with respect to their building codes. The City of
Laurel does not have authority to issue permits in the County.
Apparently the County does not issue permits.
Since the City had absolutely no jurisdiction over enforcing its
ordinances or codes, with respect to the installation of the sewer main
which you allege is causing the damage to the sidewalk adjoining your
property, it does not appear that the City of Laurel breached any duty to
you. Based on these facts, I must respectfully deny your claim on behalf
of the City of Laurel. No payment will be made.
Sincerely,
Alan W. Hulse
Liability Specialist
0 AWH:gs
cc: City of Laurel
FIRE/AMB/POLICE
T ST.
WOW1628-8737
CITY HAIL
115 W. 1ST ST.
PHONE: 628-8791
March 14, 1996
Alan W. Hulse
Liability Specialist
Alexsis, Inc.
P.O. Box 136
Helena, Montana. 59624-0136
Subject: Re: Legal O)pinion on Annexation of Property and Right- of- Way
Dear Mr. Hulse,
CITY ATTORNEY
DEPARTMENT
You have asked me to confirm the legal opinion that I gave to Jim Flisrand in regards to the following
facts:
1. Specific lots contiguous to the City along a small portion of one specific right -of-way are
annexed into the City under a legal annexation that only describes the lots and not any specific
right -of- ways. The property annexed is also bordered by another right of way that is not
contiguous to the City.
The question is whether or not all right-of-ways bordering annexed property are also annexed into the
City at the time the property is annexed?
My opinion is that only those right-of-ways that are contiguous to the City are also annexed into the City
in the annexation; and that the right-of-ways bordering the property but not contiguous to the City do not
become part of the City in the annexation.
It is also my opinion that the right-of-way would include those areas within the right-of-way area such as
curb, gutter, and sidewalk.
If you have any other questions, please contact me.
Sincerely,
V. JOE LECKIE
City Attorney
Ig. Mii9!J.
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City of Laurel is an EEO Employer
City of Laurel
P.O. BOX 10
LAUREL, MONTANA 59044
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RESOLUTION NO. 1735
EXTENDING THE BOUNDARIES OF THE CITY OF
LAUREL, MONTANA, TO INCLUDE LOTS SIX (6),
SEVEN (7), EIGHT (8), NINE (9), TEN (10),
ELEVEN (11), TWELVE (12), THIRTEEN (13),
FOURTEEN (14), AND FIFTEEN (15), IN BLOCK
ONE (1), MATHIS SUBDIVISION, YELLOWSTONE
COUNTY, MONTANA.
WHEREAS, the following described property, to-wit:
Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, in Block 11
Mathis Subdivision, as shown on the official plat thereof, now
on file and of record in the office of the Yellowstone County
Clerk and Recorder; and,
WHEREAS, the aforesaid described property is contiguous
territory to the City of Laurel, and that in the judgement of
the Laurel City Council it is to the best interests of the
City of Laurel, and the inhabitants thereof, and of the inhabi-
tants of the said platted area aforesaid, that the said corporate
limits of the City of Laurel be extended to include the above-
described property; and,
WHEREAS, there was duly and regularly passed and adopted
by the City Council and approved by the Mayor on the 17th day
of April, 1979, Resolution No. 1729 entitled:
NOTICE OF INTENT TO ANNEX CERTAIN LANDS
CONTIGUOUS TO THE CITY OF LAUREL, MONTANA.
WHEREAS, the City Clerk did give and publish notice as
provided by law; and,
WHEREAS, insufficient objections were filed to the extendin
of the boundaries of the said City of Laurel to include the g
above-described property, within the time provided by the notice
and by law.
NOW THEREFORE, BE IT RESOLVED:
That the boundaries of the City of Laurel, Montana, be and
the same are hereby extended to include the following described
property, to-wit:
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Lots 6, 7, 8, 9, 10, 110 12, 13, 14, and 15, in Block 1,
Mathis Subdivision, Laurel, Yellowstone County, Montana, as
shown on the official plat thereof, now on file and of record in
the office of the Yellowstone County Clerk and Recorder; and,
That said corporate limits of the City of Laurel be extended
to include said property, to take effect immediately upon passage
of this resolution.
Duly and regularly passed and adopted by the City Council
of the City of Laurel, Montana, and approved by the Mayor this
5th day of June, 1979.
ATT ST: ? arry . Herman, Mayor
vonala L. mackMann, C" y Clerk
?ApT?Ooved as o f r
..a-K.U ac..
Thomas L. Bradley, i Attorney
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C E R T I F I C A T E
Office of,the City Clerk
City.qr, ? a.urel, Montana
State of Montana
County of Yellowstone ) ss.
City..rah', Laurel, Montana )
....I, DONALD L. HACKMANN, duly appointed and qualified Clerk
of the City of Laurel, Yellowstone County, do hereby certify
that the foregoing is the Original Resolution No. /7 3 S 9
passed by the City Council of the City of Laurel, and approved
by the Mayor on the 5th day of J 1979.
(SEAL) ?? ?-
ona d L. Hackmann, Ity Clerk
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