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HomeMy WebLinkAboutCity Council Minutes 12.15.1987Minutes of the City Council of Laurel December 15, 1987 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 7:03 p.m., on December 15, 1987. COUNCIL MEMBERS PRESENT: Donna Kilpatrick Chuck Rodgers Rob Harris L. D. Collins Chuck Dickerson Donald Meyers (Late) Norman Orr COUNCIL MEMBERS ABSENT: Ervin Wood INVOCATION: Invocation given by Reverend Holt. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of December 1, 1987, as presented, seconded by Alderman Collins. Carried 6--0. CORRESPONDENCE: Received a letter from the Department of Health and Environmental Sciences regarding the Laurel Landfill Inspection. Received a letter from the State of Montana, Department of Highways, regarding a bridge replacement project located on Duck Creek Road and crossing the Yellowstone River, between Billings and Laurel. Received a letter from the State of Montana, Department of Highways, regarding the reconstruction and widening the bridge over the Yellowstone River South of Laurel. CITY CLERK AND CITY TREASURERS FINANCIAL STATEMENTS: The City Clerk and City Treasurers financial statements for November were presented for approval. Motion by Alderman Harris that the City Clerk and City Treasurers financial statements for the month of November, 1987, be approved, seconded by Alderman Dickerson. Motion carried 6--0. PUBLIC HEARING - VACATE~ ABANDON AND EXCLUDE CERTAIN DESCRIBED PORTIONS OF CHERRY HILLS SUBDIVISION, SECOND FILING. This being the time and place advertised, a public hearing was held. Cal Cumin distributed copies of the preliminary plat. Proponents: Larry Herman, attorney representing Jerold Cantrell made a presentation. The Planning Board recommended that the property be vacated and de-annexed, subject to the plat being done, determination of any utility lines in the area and an updated title search. Cal Cumin commented that the title report was suppose to be sent to the City Attorney so that he would have time to look at it before tonight. The Planning Board recommended that with the utility companies, (Power, Cable, MDU, and Telephone) some sort of written agreement be received by the city from these companies, specifying that they had no problem with this de-annexation. Because there are extensive easements and right-of-ways throughout the Cherry Hills Second filing that are based on the existing plat. Mr. Herman indicated in talking with these companies that they didn't have any problem with the de-annexation. ~However, Ca:l Cumin had~ requested letters from the utility companies, but none have been received. Cal read a copy of a letter from Jim Worthington, engineer for Jerold Cantrell, indicating that the utility companies had no problem or objection against the proposed vacation as long as the easements are left intact in those areas where they have existing utility lines in place. Cal went on to say that the Planning Board's recommendation was that we have the statements from the utility companies in writing, because five years down the road if somebody is looking for something, we need to have that for our records. More discussion regarding right-of-way, easements and utility lines. Page 2 Minutes of the City Council of Laurel Council meeting of December 15, 1987 Alderman Dickerson asked Mr. Cantrell since this land is back to agricultural, why he wants to de-annex with the possibility of maybe things changing two or three years down the road. Mr. Cantrell responded that it was because of the $2,100.00 snow removal assessment against this property. No one, seems to have the exact assessment figure, but there were other estimates Of around $800.00 or $900.00. More discussion regarding the property taxes, dedicated roads, fencing of the property, letting cattle graze on it, and weeds. Opponents: No written protests have been received by the City Clerk. Bob Diede, Block 10, Lot 28, (1411 West Maryland), spoke in protest. He said that he built his house in 1985 and his cows (Mr. Cantrell's) broke out once and ate his lawn. He is concerned that this could happen again. Alderman Meyers arrived at the Council meeting. Mary Jo Debner, Block 11, Lot 11, (1106 Betty Ave.), is concerned about the poorly constructed fence which the cows go through about every night and graze in their back yard. When she and her husband bought their property, Mr. Cantrell's property was in the city limits. With this property going back out of the city they are concerned what he will do with this property, such as: 1. Irrigation that could cause flooding of their property and basement. Fencing of the entire area with barbed wire fence which could cause injuries to her son and other children should they run into it. 3. Zoning - could he put in a feed lot? 4. Property values adjacent to this property could go down. Mrs. Debner went on to say that when they bought their property, they had faith in the city that all of this land would remain in the city limits. Along with the utiiity companies when they went ahead and developed ~it. The taxpayers had faith in the city council when they brought it into the city at a cost to the taxpayers and now another cost to the taxpayers to take it back out. It appears to be economical at this point for Mr. Cantrell to take this land out of the city because of taxes. But it will be economical too when he wants to sell it again when someone makes him a nice offer. That land is right on the edge of the city and will be developed soon by someSody. Larry Herman said that the city will still have some zoning'powers over this property should it be taken out of the city. It is now classified as agriculture, and you would have the same problems in the city as outside the city. There was a discussion regarding agricultural use, which does not permit cattle inside the city because a city ordinance prohibits this. A feed lot would not be permitted in this area. Jerold Cantrell commented that he is proposing to build a new fence with railroad hies, steel posts and a five wire fencel He admitted that the cattle did get out and everytime he went to put them back in they were on his land, not anyone elses. Larry Herman asked if we had any formal protests. Joe Bradley said that we have nothing in writing, but we will have to count the two who spoke here tonight. However, they won't qualify as a formal protest. Larry Herman commented that the city still has zoning authority on this land. If it does go out of the city and then comes back for a re-platting, the City/County Planning Board will have control over that. Marv Jo Debner ouestioned why. sinc~ thi~ or~D~r~v i~ within ~h~ Page 3 Minutes of the City Council of Laurel Council meeting of December 15, 1987 Joe Bradley responded by saying that we do have an ordinance that prohibits the running of cows within the city limits. Mary Jo Debner also asked why the weeds weren't cut on this property. She did go ahead and cut some of them around her property. More discussion regarding the zoning of this land. If it goes out of the city it will be zoned RE 20,000. Which allows one house built on half an acre. He can plant crops and irrigate, which he can do now, even though it is in the city. There was a comment made that it was property owners responsibility if the cows break out of the fenced area. Motion by Alderman Dickerson to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Cal Cumin said that this is a subdivision de-annexation process and there is no formula for valid protests. The people that have protested are valid protestors. No certain numbers or certain percentages are required. You can require the applicant to have a contract specifying what he is going to do and require him to post a bond to ensure that he performs. This could be applied to the fence especially. Joe Bradley stated that nothing is required for tonight. This will be placed on the agenda for the next meeting (1-5-88) for a vote. Today is the last day of the protest period. This is the 20th day from the first notice published in the newspaper. Joe also said that there can be a valid protest because we are acting under the statutory provisions regarding the exclusion of land from the municipality. It does say that the resolution de-annexing land shall not be adopted by the council after written disapproval by the majority of the owners in value of property within the city limits immediately adjacent and contiguous to the territory sought to be excluded. We've only had two people come here today and say they were against it. So that doesn't constitute a valid protest. There are maybe 20 more lots, eight of which are built on, and we didn't hear from those people. More discussion regarding some guarantee that certain improvements will be done. Possibly having a contract and maybe a performance bond or letter of credit to ensure that the contract will be completed. Joe Bradley said that he would like to see letters from the utility companies. The problem he sees is that they can tell Jim and Jim can tell us that they don't have any problems with it. But if they don't have to sign the plat and don't have to put anything in writing, a year from now they can say, hey we never agreed to that, look you damaged our property or whatever. It was suggested that the utility companies sign the plat. Jerold Cantrell made another comment regarding the fence, weeds, and cattle. SPECIAL REVIEW LOTS 19 AND 20~ BLOCK 8, YOUNGS SECOND SUBDIVISION. (717 and 719 WEST FIRST STREET~ LAUREL, MT.). Ellis R. and Betty Winkel have petitioned for a special reveiw for operation of a personal care facility. This being the time and place advertised, a public hearing was held. Cal Cumin commented that the Laurel-Yellowstone City-County Planning Board recommended approval. The process that they have to go through is that they have to conform to the City Zoning Codes, then go to the State for a certificate of need and the state will hold another hearing on this based on the need. Joe Bradley said that there were a couple of conditions. That they finish the State process and obtain a city business license. They cannot start the State process until the City Council says its okay to go there. Once this is done, the State can hold their hearings. Page4 Minutes of the City Council of Laurel Council meeting of December 15, 1987 Proponents: Larry Herman attorney, representing the Winkels explained that a Personal Care Facility is for ambulatory people who can pretty much take care of themselves, similiar to a group home. This has to be approved by the State. Opponents: The City Clerk did not receive any letters of protest. No opponents present. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderman Collins to grant the Special Review, and approve the operation of a Personal Care Facility at 717 and 719 West First Street, subject to State approval and the granting of a city business license, seconded by Alderman Meyers. Motion carried 7--0. HOME OCCUPATION: Arnold Capon, 519 Elm Avenue, presented a petition with ten signatures giving approval of a car repair business in their neighborhood. Joe Bradley commented that Mr. Capon was told at the Planning Board meeting that it might help the council to make up its mind if he brought a petition. This petition has no legal effect, but usually the Council does ask, have you checked with your neighbors. Mr. Capon said that he is not planning any big business. It's just something to do for friends and relatives, and there will be no cars parked around his place. He does not intend to have a sign advertising his business, nor will he employ anyone else. He will not have any f]anm/able materials around, except some solvent for cleaning purposes. He does not have any cutting torch or welders. Mr. Capon has been doing this car repair business for several years without a license and that is why he is applying now. He stated that he has no problem with the requirements to purchase a city license. Cal Cumin mentioned that the~ Planning Board had recommended denial. You could consider a zone change, but you can also consider this case on its merit. It does leave it open to the future when someone else wants to do the same thing. Joe Bradley said "that the Planning Board recommended denial because they've had requests for mechanics and engine repair, and windshield glass repair numerous times. We have always denied them. It's not what you think of when you have a home occupation". If the council is inclined to grant this one, as a part of the motion, he recommended that the council specify some of the distinctions you see in this application, as opposed to others. For example: 1. He is in a block that is half commercial a couple of lots away. he is only 2. In that commercial part of the block, there is already a body shop being operated. Since he has been doing a minor hobby type of repair business and if he keeps it at that level and doesn't increase business, you could probably justify that it will have no impact on the neighborhood. Motion by Alderman Meyers that because: (1) Mr. Capon lives in a block that is half commercial and (2) in that commercial part of the block there is already a body shop and (3) he did not have any protests from the neighbors and (4) there appears to be no adverse impact on the neighborhood, he be granted a home occupation subject to the applicant obtaining a city business license, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Chuck Dickerson, Chairman of the License Committee, reminded the council to keep in mind what happened here tonight in granting this home occupation. There are other people in Laurel that are doing business without a license that are going to be reported and request that they get a license. "You had an open mind tonight. Remember it in the future". Page5 Minutes of the City Council of Laurel Council meeting of December 15, 1987 OFF-STREET PARKING ORDINANCES Joe Bradley briefed the council that there are two different ordinances both amending the same section of the Laurel Municipal Code. The first ordinance is amending Section 17.76.010 (A) to allow improved off-street parking to be located across arterial streets. The only change made from the old ordinance is that two sentences were taken out that said off-street parking shall not be located across major or minor arterial streets. The purpose of this ordinance would allow businesses along the north side of Main street to locate their off-street parking directly across Main street on railroad property. This ordinance was prepared because the council did want to consider allowing off-street parking across Main Street. The Planning Board didn't think that Main Street should be that much of a barrier, and people should be able to cross it. Discussion .regarding the paving, etc. of off-street parking. ORDINANCE NO. 927 (lst Reading) AMENDING SECTION 17.76.010 (A) TO ALLOW IMPROVED OFF- STREET PARKING TO BE LOCATED ACROSS ARTERIAL STREETS. Motion by Alderman Dickerson that Ordinance No. 927 be passed and adopted, seconded by Alderman Orr. Upon taking a roll call vote, all aldermen present voted yes, except Alderman Harris and Meyers who voted no. Motion carried 5--2. The other ordinance presented is to clean up some of the language regarding cash in lieu of parking spaces. It says the same thing as the council approved last year. Some of the wording was rearranged to make it more comprehendible. ORDINANCE NO. 928 (lst Reading) AMENDING SECTION 17.76.010 (N) CLARIFYING THE CASH IN LIEU OFF OFF-STREET PARKING PROVISION. Motion by Alderman Meyers that Ordinance No. 928 be passed and adopted, seconded by Alderman Dickerson. Discussion. Motion by Alderman Dickerson to amend Ordinance No.928 to include acquisition as one of the possible uses by the Parking Fund, seconded by Alderman Meyers. Motion carried 7--0. Discussion regarding changing building official to governing body. Motion by Alderman Dickerson to change "is undesirable in the opinion of the building official" to "is undesirable in the opinion of the governing body", seconded by Alderwoman Kilpatrick. Motion carried 7--0. A roll call vote was taken on the original motion, as amended. Ail aldermen present voted yes. Motion carried 7--0. DEFERRED COMPENSATION AGREEMENT A resolution was presented to renew the Deferred Compensation Agreement. RESOLUTION NO. 2322 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND SECURITY FEDERAL SAVINGS BANK, SAID AGREEMENT RELATING TO DEFERRED COMPENSATION. Motion by Alderman Meyers that Re~ol~tion No. 2322 be passed and adopted, seconded by Alderman Harris. Motion carried 7--0. TEMPORARY SIGN ORDINANCE This will be put on the agenda for the January 5, 1988 council meeting. AWARD BID ON ONE TON TRUCK The bids were opened at the council meeting on December 1, 1987 and referred to the Public Utilities Committee. The committee met on December 8th and recommended that the truck be purchased. Page6 Minutes of the City Council of Laurel Council meeting of December 15, 1987 AWARD BID ON SNOW BLOWER The bids were opened at the council meeting on December 1, 1987 and referred to the Street and Alley Committee. The committee met on December 10th and recommended to accept the bid for a Wildcat blower from Western Plains Machinery Co. Discussion on why we needed this new blower. Ernie Davis commented that the blower we have now is unsafe to use. This new one is faster, safer, and more efficient way of removing snow. Motion by Alderman Dickerson to award the bid to Western Plains Machinery Co. for :a Wildcat Single Stage Snow Blower in the amount of $22,593.00, seconded by Alderman Collins. A roll call vote was called for. All aldermen present voted yes, except Alderman Meyers and Orr who voted no. Motion carried 5--2. SIGN POST FOR NEIGHBORHOOD WATCH PROGRAM Steel posts would cost $26.00 per post versus $5.00 for wood posts. Discussion. Motion by Alderman Meyers to furnish wood posts for the neighborhood watch program and Jim Flisrand is directed to tell the people where to place them, seconded by Alderman Orr. Motion carried 7--0. COMMITTEE REPORTS .-Budget/Finance Committee minutes of December 15, 1987 were presented and reviewed. Motion by Alderman Harris to enter :the Budget/EinanceiCommittee minutes of December 15; ~1987 into the re~ord, seconded by Alderwoman Kilpatrick. Motion carried 7--0. --City-County Planning Board minutes of November 12, 1987 were presented and reviewed. Cal Cumin commented that everything in the minutes have been pretty much coveredl- Motion by Alderman Meyers to enter the City-County Planning Board minutes of November 12, 1987 into the record, seconded by Alderman Dickerson. Motion carried 7--0. --City Council Committee of the Whole minutes of December 1, 1987 Were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of December 1, 1987 into the record, seconded by Alderman Orr. Motion carried 7--0. --Public Utilities Committee minutes of December 8, 1987 were presented and reviewed. ~ Motion by Alderman Meyers that the Public Utilities Committee minutes of December 8, 1987 be entered into the record, seconded by Alderman Orr. Motion carried 7--0. --Street and Alley Committee minutes of December 10, 1987 were presented and reviewed. Motion by Alderman Collins to enter the Street and Alley Committee minutes of December 10, 1987 into the record, seconded by Alderman Dickerson. Motion carried 7--0.~ LEAVE THE STATE Alderwoman Kilpatrick requested permission to leave the state December 21st through 29th. Motion by Alderman Meyers to grant permission for Alderwoman Kilpatrick Go leave the state December 21st through December 29th, seconded by Alderman Dickerson. Motion carried 7--0. CHRISTMAS PARTY There were comments about the good Christmas party held last night. There was further discussion regarding future Christmas parties. Alderman Rodgers suggested that the Mayor, Aldermen and all city officials Page7 Minutes of the City Council of Laurel Council meeting of December 15, 1987 Alderman Meyers commented that City employees should be treated like any other employee working for other businesses. Committee members and volunteers are invited who put in a lot of time for the city without pay. They get a Christmas party to show them the City's appreciation. Motion by Alderman Rodqers to encourage the Mayor and Council Members to donate one month's pay for the Christmas party, seconded by Alderman Meyers. Motion carried 7--0. Joe Bradley commented that this motion would not be binding on anyone. MAYOR'S COMMENTS: Mayor Gauthier thanked the Council Members who have served the City for the past four years. He went on to say that we will miss the ones who are leaving and the experience and ideas they have brought to us. There will be no Street and Alley Committee Meeting December 17th. There will be no Park Committee Meeting on December 29th. LEAVE THE STATE Jim Flisrand and Norman Orr requested permission to leave the state. Motion by Alderman Collins to grant permission for Jim Flisrand and Norman Orr to leave the state December 21st through December 31st, seconded by Alderwoman Kilpatrick. Motion carried 7--0. There being no further business to come before the Council at this time, the meeting was adjourned at 8:45 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 5th day of January, 1988. Bo~ Gauthier, Mayor ~EST: Donald L. Hackmann, City Clerk