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HomeMy WebLinkAboutCity Council Minutes 01.07.1986 Minutes of the City Council of Laurel January 7, 1986 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Council President, Don Meyers, at 7:00 p.m., on January 7, 1986. COUNCIL MEMBERS PRESENT: Ervin Wood Chuck Dickerson Donna Kilpatrick Donna Meyers Mel Krug Rob Harris L. D. Collins Norman Orr COUNCIL MEMBERS ABSENT: none INVOCATION: Invocation given by Reverend Spear. At this time all newly elected City officials were sworn in by Judge Herman. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of December 17, 1985, and minutes of the special meeting of December 23, 1985, as presented, seconded by Alderman Dickerson. Carried. CORRESPONDENCE: Received a letter from the Montana Department of Fish, Wildlife and Parks in answer to Joe Bradley's letter regarding the South Pond. Received a letter from Harlan Lund regarding the Flood Plain Administrator. Received a memo from Dwight MacKay, Chairman, Board of County Commissioners, regarding a committee meeting on January 10, 1986, to discuss areas to improve the tax billing and collection process. Received.a memo from Grace Edwards, Chairperson of the Law Enforcement Committee, regarding a meeting on January 8, 1986. Bob Gauthier said he would attend this meeting and if anyone wanted to serve on this committee to let him know. Received a copy of a letter to Ata~a Incorporated from Kenneth Tolliver, Attorney, regarding Volk Construction, and the work at the wastewater treat- ment plant. Received a copy of a letter written to Craig Brawner, Water Quality Bureau, from Jim Kaercher, HKM, regarding the multiple claim submitted by Volk Construction. Received a copy of a letter written to Roy Volk, President of Volk Construction, from Jim Kaercher, HKM, regarding the 5% retainage and punch list. Received a letter from the Montana Department of Commerce advising the City that it was not successful in the grant application for a fire truck. Received the December issue of "High Water" from DNRC Flood Plain Management Section. Received Received the synopsis and update from the Northwest Power Planning Council. an announcement from the Laurel High School Drug Alert Team of a workshop on chemical dependency January 17th and 18th. The Clerk read a notice of a public reception for Lud Erlenbach and the out- going mayor and City Council members to be held Friday, January 10th, from 2--4:30 p.m., in the Council Chambers. CLAIMS: Claims for the month of December, 1985, were reviewed by the Budget/ Finance Committee. Motion by Alderman Harris to pay the claims for the month of December, seconded by Alderman Meyers. Motion carried 8--0. LOUIE YOVETICH - COMPLAINT ON SNOW REMOVAL: Louie stated he has no gripe against the new Council - they have their work cut out for them. These new aldermen should stand up and be counted. Louie stated recently the City crew plowed his driveway shut. He asked one of the crew to open it up with the loader. He stated he was told "we aren't allowed to do that." I called City Hall and talked with Jim Flisrand, and he told me that was the policyl I cleaned my driveway out enough to come down to City Hall and face Jim Flisrand and Ernie Davis. I told them the City is liable for a lawsuit, mainly because the snow was not put in our driveways by mother nature. The City created a hazard. Joe Bradley stated anyone can sue the City whether they would win the case or not. Louie Yovetich stated the curb, gutter and sidewalk belongs to the City. If it was damaged by a loader, etc., wouldn't it be the homeowner's responsibility to fix it, Mr. Bradley? Joe Bradley stated, "Yes, it is." page Minutes of the City Council of Laurel Louie Yovetich asked who gave the permission to plow the snow against the curbs and driveways? (no answer) Chuck Dickerson stated to Louie that as a former alderman and Mayor he must realize that the City has committees such as the Street and Alley. When there are problems people go to the committee and we try and discuss the problem and remedy the situation. Louie Yovetich stated the City's committees haven't shown him anything. Bob Gauthier stated that what Louie has said here tonight will be taken under advisement, and I would like to bring back to the Council a policy and recommendation on snow removal at the next Council meeting; and we will vote on it then. This item will be placed on the January 21st agenda. PUBLIC HEARING - ZONE CHANGE TO RMH ON AMENDED LOT 27AL Lot 27A-1 and 27A-2~__ NUTTING BROTHERS SUBDIVISIONL 3rd FILING: This being the time and place advertised, a public hearing was held. A valid protest has been filed and it would take 6 Council votes to approve the ordinance. Proponents: Jim Worthin to~, Cashell Engineers, representing the developer. The property is located at 8th Street and Mulberry Avenue. The property is presently zoned as commercial. This change is for a development of a mobile home court. The property is presently adjacent to and contiguous to the City limits. Mike Studer I own the property with Strissel. We felt something residential might be better suited for the property, fully realizing we would have to go through a zone change to accomplish this. We are requesting that the Council grant this zone change. ~onents: Edward Onoszko, 1602 East 8th. I feel a zone change would be a direct deface- ment of our property. Steve Davis, 711 Locust, stated Mulberry Avenue is very narrow. I'm concerned ~iththe congestion on East 8th Street and Mulberry and Locust. Paul Elsenpeter, 1612 East 8th Street. Paul presented 3 maps. One big thing we are concerned about is what does it do to our property values? Paul did some checking on other mobile courts in the area. There are vacant spaces. The point: Is there a need for one more? The other item is the traffic. Mulberry is only 20 ft. wide. East 8th Street, in front of my house, is 25 ft. wide. I talked with the City Attorney. He told me there are 3 ways to have this done: 1) Have the developer pay for the street; 2) Have the homeowners pay by creating a SID; 3) Have the City pay for it. Irvin Simpsen, 1824 East 8th, agreed with everything Paul stated. Chuck Dickerson, 711 Juniper. I live out of the 300 ft. area as being able to protest, but I speak for the people on Juniper. I would like to go on record as protesting this zone change. Mark Elsenpeter I own Lot 3, Block 9, 6n Mulberry. As far as the value of the property, it will go down, according to a friend who is in real estate. Mabel Brenden, northeast of 8th Street. I can't see trying to build another mobile park when the ones around us aren't full yet. Chuck Dickerson I requested East 8th Street be used as a truck route. I was under the impression that any street tore up would be fixed when they got through grading and leveling off and hauling dirt in over at Sunhaven. Jim Cotter, 12 Wyoming and also owns the place on the south end of Mulberry. I'm concerned about the ditch that runs behind my place. Halleck Brenden, 1619 East 8th. I have mixed feelings about this, but go with what's been said - what is the concensus of East 8th Street~ Proponent's rebuttal: Mike Studer stated as he listened to these comments - what are the real concerns: 1) property values; 2) safety of our children; 3) street congestion; 4) excess of this product on the marketplace. Are these really valid object- ions? Motion b__~ Alderman Dickerson to close the public hearing, seconded by Alderman Krug. Motion carried 8--0. Cal Cumin briefed the new members of the Council on the zone change requested. The City-County Planning Board did recommend approval of this zone change as page3 Minutes of the City Council of Laurel requested: 1) This is community commercial; 2) RMH is a residential use. Discussion followed on either this property being zoned as a residential mobile home subdivision or as a mobile home park. Mike Studer asked questions concerning costs being added to the project. Cal Cumin If you get the zoning and it's approved at the second reading next Council meeting, that property becomes RMH. If the Council puts a stipulation on there that's only good for 3 years, thenyit reverts back to commercial. Joe Bradley If the Council doesn't specifically say it will revert back, then it won't. It will be mobile home. Motion by Alderman Meyers to admit the protests in the City-County Planning Board file, seconded by Alderman Krug. Motion carried 8--0. ORDINANCE NO. 826 (first reading) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Meyers that Ordinance No. 826 (first reading) be passed and adopted, seconded by Alderman Krug. Discussion followed with Ervin Wood, Chuck Dickerson, Cal Cumin and Jim Flisrand concerning leaving it commercial or changing it to RMH. Question being called for. Upon taking a roll call vote, the following aldermen answered as follows: Dickerson YES Harris YES Orr NO Kilpatrick YES Meyers YES Krug NO Wood 'NO Collins NO Motion failed. 4--4 6 votes required. A 10-minute recess was taken at this time. FLOOD PLAIN ADMINISTRATOR AGREEMENT: Jim Flisrand Does the City want to continue with an administrator from the County or do we want to have our own administrator? Discussion. Motion by Alderman Meyers to table this until the January 21st meeting, seconded by Alderman Dickerson. Motion carried 8--0. SURPLUS PROPERTY BUREAU: RESOLUTION NO. 2179 AUTHORIZATION TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE STATE OF MONTANA, SURPLUS PROPERTY BUREAU. Motion by Alderman Dickerson that Resolution No. 2179 be passed and adopted, seconded by Alderman Meyers. Motion carried 8--0. ANIMAL CONTROL OFFICER/PARKING ATTENDANT: The Mayor appointed Eric Adams as the new Animal Control Officer effective January 8, 1986. Motion by Alderman Meyers to confirm the Mayor's appointment of Eric Adams as the new Animal Control Officer/Parking Attendant, seconded by Alderman Dickerson. Motion carried 8--0. ORDINANCE AMENDING SECTION 10.24.040C: ORDINANCE NO. 827 (first reading) AMENDING SECTION 10.24.040C OF THE LAUREL MUNICIPAL CODE, TO PROVIDE THAT THE CHIEF OF POLICE SHALL POST SIGNS LIMITING CERTAIN PARKING PLACES TO USE BY HANDICAPPED PERSONS. Motion by Alderman Meyers that Ordinance No. 827 (first reading) be passed and adopted, seconded by Alderman Dickerson. Upon taking a roll call vote, the Collins YES Krug YES Kilpatrick YES Harris YES Motion carried 8--0. following aldermen answered: WOOD YES Meyers YES Orr YES Dickerson YES ORDINANCE ESTABLISHING SECTION 10.68.025: ORDINANCE NO. 828 (first reading) ADDING SECTION 10.68.025 TO THE LAUREL MUNICIPAL CODE, TO ESTABLISH PARKING SPACES FOR THE EXCLUSIVE USE OF HANDICAPPED PERSONS. Collins Krug Kilpatrick Harris Motion carried 8--0. CITY HALL BOILER: page 4 Minutes of the City C°uncil of Laurel Motion by Alderman Meyers that Ordinance No. 828 (first reading) passed and adopted, seconded by Alderman Harris. Upon taking a roll Call vote, the following aldermen answered: YES Wood YES YES Meyers YES YES Orr YES YES Dickerson YES be Jim Flisrand stated the boiler has been a problem the last couple of years. The specialist we had come in was from TAC. They indicated the original plumbing on the boiler was incorrect; if they do some necessary plumbing this will stop the problem. We have two options: the most expensive $2,100 and the least expensive is $1,275. Both would meet the State specifications. If we don't, the boiler will continue to go out on us every time there is a cold spell. Some decisions have to be made as to if we want to put a new boiler in the library or maybe one larger boiler for both buildings. The gentleman from TAC stated the pilot light should be plumbed above the regulator rather than below it. Motion by Alderman Meyers to get a second opinion and get a bid on a high efficiency boiler to take care of both buildings, seconded by Alderman Krug. Motion carried 8--0. REPORT ON ARBITRATION AT WASTEWATER TREATMENT PLANT: Jim Flisrand stated there are a few lawyers in Billings that have the expertise in this fieldl We have been talking with EPA and they indicated there is a chance for funding. The legal fee; is questionable. I feel we need to get someone involved in this as soon as possible, even if we have to spend the money ourselves without EPA assistance. We need to start the grant amendment as soon as possible. Motion by Alderman Meyers to authorize the Mayor to proceed with mediations or arbitration with Volk Construction on the wastewater treat- ment plant and to retain counsel and to prepare the grant amendment for attorney fees, seconded by Alderman Harris. Motion carried 8--0. CHANGE COUNCIL MEETING TIME TO 7:30 P.M. AND TO HAVE A COUNCIL AS A WHOLE MEETING AT 7:00 P.M.: Bob Gauthier My intention is to give the Council a status report and also, at that time, to answer any questions that the Department Heads may have run into. Discussion. Motion by Alderman Meyers to hold the Council as a Whole meeting at 6:30 p.m., seconded by Alderman Orr. Motion carried 7--1 with Alderman Wood voting, "NO." COUNCIL ELECTIONS: Election was held for President of the Council. Alderman Krug nominated Don Meyers, seconded by Alderwoman Kilpatrick. Alderman Wood nominated L. D. Collins, seconded by Alderman Meyers. Motion by Alderman Wood to close the nominations for President, seconded by Alderman Krug. Motion carried 8--0. Motion by Alderman Krug to vote by a show of hands, seconded by Alderman Orr. Motion carried 8--0. Don Meyers was elected Council President by a vote of 5--3. Election was held for Vice President of the Council. Alderman Wood nominated L. D. Collins as Vice President, seconded by Alderman Meyers. Alderman Orr nominated Alderman Harris, seconded by Alderman Meyers. Motion by Alderman Wood to close the nominations for Vice President, seconded by Alderman Krug. Motion carried 8--0. Rob Harris was elected Vice President of the Council by a vote of 5--3. MAYOR'S COMMENTS: The Mayor appointed the following Department Heads as according to State law 7-4-4102. City Attorney - Joe Bradley - 2 years City Engineer - Jim Flisrand - 2 years Maintenance Director - Ernie Davis - 1 year Public Utilities Director - Dave Michael - 1 year City Clerk - Don Hackmann - 4 years Police Chief - Alan Crowe - 4 years Motion by Alderman Harris to approve the appointments of all Department Heads for a period of time as prescribed by State law or City ordinance or when no period is prescribed for the term of the Mayor, seconded by Alderman pages Minutes of the citY Council of Laurel Meyers. Motion carried 8--0, Received a letter of resignation from Chariie Pratt. Motion by Alderman Harris to accept Charlie Pratt's resignation, seconded by Alderman Krug. Motion carried 8--0. COMMITTEE APPOINTMENTS: The Mayor presented the new list of committee appointments. Motion by Alderman Meyers to accept the Mayor's committee appointments, seconded by Alderman Krug. Motion carried 8--0. COMMITTEE REPORTS: --Street and Alley Committee minutes of December 19, 1985, were presented and reviewed. Discussion followed on having more money in the snow Removal budget. Motion by Alderman Kruq to enter into the record the Street & Alley Committee minutes of December 19i 1985, seconded by Alderman Dickerson. Motion carried 8--0. COM24ENTS FROM AUDIENCE: none COMMENTS FROM ALDERMEN AND DEPARTMENT HEADS: Alderman Dickerson asked about committees keeping the same time for committee meetings. Several meeting dates and times were set. Street & Alley Committee will meet the 3rd Thursday of the month at 5:30 p.m. Garbage Committee will meet the 3rd Monday at 5:00 p.m. Police Committee will meet the 1st Thursday at 5:30 p.m. Budqet/Finance Committee will meet the 1st Tuesday of the month at 4:30 p.m. Public Utilities Committee will be the 1st Monday of the month at 5:00 p.m. License Committee as needed at 5:30 p.m. Parkinq and Public Buildinqs Committee as needed. MAYOR'S COMMENTS: Bob stated the Supreme Court ruled there is no longer a limit on liability coverage. One comment Louie Yovetich made was, "Do your homework." This applies to whatever you do in your work - applies to Depart- ment Heads, Councilmen and myself. Eventually Laurel could have a lawsuit that could amount .to $1,000,000.00. What that means is our taxes could go up three times what they are now. Please be careful about the comments you make. If you have any questions, go to the department that may be able to answer your questions before you promise someone something and then can't follow through. Chuck Dickerson One of the things I've tried to get across: when irate people call aldermen encourage them to come to these committee meetings. That way the committee as a whole can try to remedy the situation. Dave Michael and the Mayor encouraged the new Council members to go on a tour of the City facilities. A tour is scheduled for Wednesday, January 22nd at 1:00 p.m. and 6:00 p.m. There being no further business to come before the Council at this time, the meeting was adjourned at 10:56 p.m. Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 21st day of January, Donald L. Hackmann, City Clerk 1986. Minutes of the City CoUncil of Laurel AMENDMENiT~ TO THE CITY COUNCIL MINUTES OF JANUARY 7, i986: LOUIE YOVETICH - COMPLAINT ON SNOW REMOVAL: Louie stated he has no griPe against the new Council - they have their work cut out for them. These new aldermen should stand up and be counted. Louie stated recently the City crew plowed his driveway shut. He asked one of the crew to open it up with the loader. He stated he was told "we aren't allowed to do that." I called City Hall and talked with Jim Flisrand, and he told me that was the policy. I explained to him that you are creating a liability and a hazard on this driveway on this type of snow removal. He advised me that there is nothing they are going to do about it, that's the way it is. I cleaned my driveway out enough to come down to City Hall and face Jim Flisrand and Ernie Davis. I told them the City is liable for a lawsuit, mainly because the snow was not put in our driveways by mother nature. The City created a hazard. I asked why do you grade the snow to the side of the curbs? He said that's the best way, or something to that effect. That's the way it is. Well, that's not the way it was. When I was Mayor here, the times we graded, we graded that snow to the middle and left the sides clear. I told him (Jim) that you can be sued and he said that you can not be sued. Would you answer~ that Mr. Bradley? Joe Bradley stated anyone can sue the City whether they would win~ the case or not depends on a lot of things. I am not prepared to tell you right now whether they would win or lose a suit, but I will admit there is a possibility. Louie Yovetich stated that he wanted Joe Bradley's statement in the minutes, because he (Jim) seems to t~.nk you can't. Louie went on to say that the curb, gutter and sidewalk belongs to the City. If it was damaged by a loader, etc., wouldn't it be the homeowner's responsi- bility to fix it, Mr. Bradley? Joe Bradley stated, "Yes, it is." More discussion. Louie Yovetich asked who gave the permission to plow the snow against the curbs and driveways? (no answer) Chuck Dickerson stated to Louie that as a former alderman and Mayor he must realize that the City has committees such as the Street and Alley. When there are problems people go to the committee and we try and discuss the problem and remedy the situation. Louie Yovetich stated the City's committees haven't shown him anything. Bob Gauthier stated that what Louie has said here tonight will be taken under advisement, and I would like to bring back to the Council a policy and recommendation on snow removal at the next Council meeting; and we will vote on it then. This item will be placed on the January 21st agenda.