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HomeMy WebLinkAboutCity Council Minutes 11.15.1988Minutes of the City Council of Laurel November 15, 1988 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 Bob Gauthier at 7:00 p.m., on November 15, 1988. COUNCIL MEMBERS PRESENT: Ervin Wood Donna Kilpatrick Chuck Rodgers Norman Orr Bob Graham L.D. Collins COUNCIL MEMBERS ABSENT: Chuck Dickerson Bruce Teeters INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Collins meeting of November 1, 1988, Graham. Motion carried 6--0. to approve the minutes of the as presented, seconded by regular Alderman CORRESPONDENCE: Received the minutes and activity report for the month of October from the Air Pollution Control Board. Received a letter from the Laurel Chamber of Commerce suggesting that the vacant library building be used as a museum and tourist information center. 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 Treasurer's financial statements for the month of October, 1988, be approved, seconded by Alderman Collins. Motion carried 6--0. REQUEST TO PLACE A FENCE IN PUBLIC RIGHT-OF-WAY: This is a request to allow a fence that has already been built to be left in the public right-of-way. Jodi Southworth, 1018 12th Avenue, stated she and her husband put up a fence in their front yard and after it was up Jim Flisrand came around and told them it was in the public right-of-way. Bob Gauthier stated that the Board of Adjustments met on November 7th and they recommended to allow it by a motion of 3--2. Jodi stated that at the Board of Adjustment meeting it was questioned why they had to pay the $ 75.00 fee, which Jodi paid for last month, when they were not asking for a variance. She stated they had already built the fence and it was done without a building permit which they did not realize was required. Jodi said it was explained to her that the $ 75.00 fee is for going before the Board of Adjustments and to cover the cost of sending out certified letters to all property owners within 300 feet of their property. Jodi stated she went to the Courthouse and got the names and descriptions that were needed and the letters were not certified, but rather came with a 25 cent stamp on it because she also received one. Bob Graham stated the fee is standard and it also covers the ads in the newspaper and the clerical end of preparing the paper work. Joe Bradley stated the letters did because it is not a true variance. from zoning regulations but rather, doing something that is not allowed. not need to be sent certified They are not asking for relief they are asking permission for Page2 Minutes of the City Council of Laurel Council Meeting of November 15, 1988 Cal Cumin stated he has no problem with building in the public right-of-way with fences but he feels that building without a building permit is contrary to the intent of the City's ordinance. Jim Flisrand stated he agrees with Cal that a building permit is required. Jim stated that he was contacted a few times and was not able to keep the appointment but he does not feel that that relaxes the requirement for a building permit. Jim stated that he is also opposed to any structures within the public right-of-way because he feels the city needs to maintain the right-of-way for future use. Joe Bradley questioned about the fence and Jodi responded by saying the fence is chain link and it meets all requirements for height. It was clarified in regard to the Board of Adjustment minutes, that when Jodi called and was told she did not need a permit to build a fence because it was an improvement on their back fence, it was in reference to a fence they put in the back yard only. Jodi stated she did not realize they needed a permit to build in the front because they were just adding on to the existing fence. Jodi called City Hall in April in order to have someone come out and show them where they could build the fence and at that time nothing was mentioned that a permit or variance was required. She did not realize what was required until she took the papers she received in the mail to City Hall. Bob Graham commented that this is city land and if the Council allows them to leave their fence, it should be with the agreement that if it is ever needed by the city or any other utility company, the fence would have to be removed at the property owner's expense. With this agreement understood, Bob feels they should be allowed to keep the fence where it is. Bob also said it would result in better maintained yards and contribute to a better looking neighborhood. It was questioned and Joe stated that the property line varies with each subdivision due to street widths. The city has an 80 foot right-of-way but most of the streets are only 50 feet wide so this would leave 15 feet from the curb on each side of the street. Bob Graham made the point that there are many people who do this very thing and never get caught and when they do, nothing is done about it. Jodi came to the city and got caught but if we say no to her and other people go out and do it, is the city going to enforce it for others? Joe Bradley recommended that if a motion is made to approve this, that an agreement be required stating that it is at their own risk if the city or any other public utility should want to use the right-of-way. Joe also recommended that even though it is late~ they should be required to buy a building permit. In response to another question, Jodi stated that two appointments had been made by Jim Flisrand and he did not keep either one. Two to three weeks then passed before the fence was actually put up. Jodi objected to the fact that she was not contacted that he could not keep the appointments. It was stated that Jim did try to call once and did go by the house also, but no one was home. Jim stated that he had no excuse and he did miss the appointments. He was very busy and had scheduled appointments after hours to fit them all in during that period of time. In addition, he had a new secretary who was inexperienced and all these things contributed to his missing the appointment. Jim did not feel that because he missed the meeting that it relieved the Southworth's of their responsibi:lity. Motion by Alderman Collins to postpone a decision until next Council meeting, seconded by Alderman Rodgers. Upon taking a roll call vote, motion carried 4--2 with Aldermen Graham and Woods voting~ "NO." Pages Minutes of the City Council of Laurel Council Meeting of November 15, 1988 COMMITTEE REPORTS: --Ambulance Committee minutes of November 7, 1988 were presented and reviewed. Motion by Alderman Graham to enter the minutes of November 7, 1988, into the record, Orr. Motion carried 6--0. Ambulance seconded by Committee Alderman --Board of Adjustment minutes of November 7, 1988 were presented. Motion by Alderman Orr to enter the Board of Adjustment of November 7, 1988, into the record, seconded by Alderman Motion carried 6--0. minutes Collins. --Budget/Finance Committee minutes of November 15, 1988 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of November 15, 1988, into the Alderman Orr. Motion carried 6--0. the Budget/Finance record, seconded by --City Council Committee of the Whole minutes of November I, 1988 were presented. Motion by Alderman Rodgers to enter the City Council the Whole minutes of November 1, 1988 into the record, Alderwoman Kilpatrick. Motion carried 6--0. Committee of seconded by --City-County Planning Board minutes of November 10, 1988 were presented. Motion by Alderman Collins Board minutes of November 10, Alderman Rodgers. to enter the City-County Planning 1988, into the record, seconded by Joe Bradley stated the Planning Board is recommending amendments to two ordinances which they would like placed on the agenda for the next meeting. The first refers to the houses in transit ordinance which deals with moving houses through town but it only applies within the city limits. The city continues to have problems with houses that are parked and left just outside the city limits by the Big Ditch. The city cannot apply the ordinance to this so the Planning Board would like to amend the ordinance to expand the jurisdiction to the Planning Board's jurisdiction which is one mile outside the city limits. Another change would refer to how quickly the houses are moved through town or onto another permanent foundation. The second amendment the Planning Board is recommending has to do with the kennel ordinance. The board heard a special review request by someone to have a home occupation to run a kennel in a residential area. In researching this, Joe found a discrepancy between our animal nuisance definition of a kennel and our zoning definition of a kennel. The zoning definition is a little tighter and better so Joe would like to have it placed on the agenda as an amendment to the animal nuisance definition. Cai Cumin stated there would also be some changes made on the R-20 zoning criteria. At this time the question was called for and the motion carried 6~-0. --Garbage Committee minutes of November 14, 1988 were presented and reviewed. Motion by Alderman Graham to enter the Garbage Committee minutes of November 14, 1988, into the record, seconded by Alderman Orr. Motion carried 6--0. ~ Page 4 Minutes of the City Council of Laurel Council Meeting of November 15, 1988 --Public Utilities Committee minutes of November 14, 1988 were presented and reviewed. Motion by Alderman Orr to enter the Public Utilities minutes of November 14, 1988, into the record, seconded by Kilpatrick. Motion carried 6--0. Committee Alderwoman COMMENTS FROM THE AUDIENCE: Polli VanNice inquired whether system was started in this area. to check on it. anyone knew when the 911 emergency No one knew so the Mayor was going Elsie Johnston stated she was at the Council meeting to give support to Sandy Stevenson in regard to the use of the old library building. She also inquired why a decision has not been made regarding the use of the vacant library building. She then gave a brief history of the old library building. The final point Elsie brought up was that there is BN financing available to start up a museum. The Library Building Committee will meet on Tuesday, November 22nd at 5:00 p.m. Joe Bradley suggested that anyone interested in the use of the old library building should attend this meeting and speak before the committee. The committee will then make a recommendation to the Council. Sandy Stevenson stated their concern is the principal of having a museum and not the problems of the building. The principal is, does the Council desire or want a museum and do they see the benefits from having one. Sandy stated that regardless of this or any other building, if the Council supports the idea of a museum, then Laurel will have one eventually. He feels that if there is a good museum in Laurel it will help to rejuvenate the downtown area by drawing tourists to Laurel and it can be financed with grant money that is available. Cal Cumin suggested that it be put on the agenda for the next Council meeting that the Council supports the concept of a museum. Chuck Goldy of CBG Architects, stated he and Jim Flisrand went through the building over the weekend to inspect it. He feels the building has great potential for meetings and it has ground floor access, The main problem with the building is water and if you remove the water the building stabilizes. He said there are minor problems that can be fixed on a timely basis so go ahead and put it to good use to benefit downtown. Cal Cumin commented that Chuck Goldy is a very busy professional architect and he is here on donated time. Cal would like to see something on the agenda for the next meeting regarding an appropriate fine for people who build without first purchasing a building permit. Joe stated he would like to check the building codes first but Cal wanted it on the agenda anyway. The Mayor said he would like to refer this to the Planning Board and have them make a recommendation to the Council. MAYOR'S COMMENTS: The Mayor gave an update on the LUFSA contract. He stated the city received it back from the fire service area, Joe has reviewed it and there is one correction to be made and then we will give it back to them and it should be finalized. Joe Bradley explained that the contract was to be prorated over an eight month period and a true proration would be $ 18,866.67, however, in all their communications to us they were using the figure of $ 18,000.00 and this is all they can afford. Joe stated this is the figure then that will go into the contract. Other then this, they have no problems with the way the contract was worded. Minutes of the City Council of Laurel Page 5 Council Meeting of November 15, 1988 The Mayor reminded the Council to stay after this meeting for a Personnel meeting. Elsie Johnston inquired whether Jim Flisrand realized that neither he nor the FFA boys can dig holes for a fence at South Pond without permission from the State. Jim clarified that the land involved was deeded to the city and he felt there would be no problems if we back up and stay on our property but he will check it out. The Park Committee will not be meeting until the fourth Thursday January. The Garbage Committee meeting scheduled for November 21st will cancelled. L.D. Collins requested permission to leave the State. ATTEST: There time, being no further business to come before the Council at this the meeting was adjourned at 7:55 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City of Laurel, Montana, this 6th day of December, 1988. Donald L. Hackmann, City Clerk Motion by Alderwoman Kilpatrick to grant L.D. Collins permission to leave the State, seconded by Alderman Orr. Motion carried 6--0.