Loading...
HomeMy WebLinkAboutCity Council Minutes 02.16.1999 MINUTES OF THE CITY (!)UN(IL OF ! kUREL February 16, 1999 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 Chuck Rodgers at 7:00 p.m. on February 16, 1999. COUNCIL MEMBERS PRESENT: Dirk Kroll Ken Olson Gay Easton Bill Staudinger COUNCIL MEMBERS ABSENT: None Gary Temple Miles Walton Norman Orr Bud Johnson Mayor Rodgers asked the council to observe a moment of silence in behalf of Miranda Fenner and her family. MINUTES: Motion by Alderman Kroll to approve the minutes of the regular meeting of February 2, 1999, as presented, seconded by Alderman Olson. Motion carried 8-0. CORRESPONDENCE: Yellowstone Historic Preservation Board: Minutes of January 12, 1999 and Agenda of February 12, 1999. CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of January. b. Committee Reports. --Bud~,et/Finance Committee minutes of February 2, 1999 were presented. --City Council Committee of the Whole minutes of February 2, 1999 were presented. --Fourth of July Committee minutes of January 20, 1999 were presented. --Joint Street and Alley, Parks and Public Utilities Committees minutes of February 8, 1999 were presented. --Joint Ambulance, Fire and Police Committees minutes of February 9, 1999 were presented. --Board of Adjustment minutes of February 9, 1999 were presented. --City-County Planning Board minutes of February 11, 1999 were presented. c. Resolutions. 1) Resolution No. R99-4: Capitalization of equipment purchases, tagging of equipment and other necessary inventory items. RESOLUTION NO. R99-4 CAPITALIZATION OF EQUIPMENT PURCBASES, TAGGING OF EQUIPMENT AND OTHER NECESSARY INVENTORY ITEMS. 2) Resolution No. R99-5: A resolution approving that the name Laurel Lions Family Park be given to South Pond with some recognition on the sign for the Laurel Rod and Gun Club as the original purchaser of the park. Council Minutes of February 16, 1999 RESOLUTION NO. R99-5 A RESOLUTION APPROVING THAT THE NAME LAUREL LIONS FAMILY PARK BE GIVEN TO SOUTH POND WITH SOME RECOGNITION ON THE SIGN FOR THE LAUREL ROD AND GUN CLUB AS THE ORIGINAL PURCHASER OF THE PARK. The mayor asked if there was any separation of consent items. Alderman Johnson separated item 5.c.2) out of the consent agenda. Motion by Alderman Johnson to approve the consent items, seconded by Alderman Orr. Motion carried. 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. Police Reserves: Mayor Rodgers appointed Amy Abendroth, Brad Ross, Nathan Herman and Eric McDanel to the Police Reserves. Motion by Alderman Johnson to confirm the appointments of Amy Abendroth, Brad Ross, Nathan Herman and Eric McDanel to the Police Reserves, seconded by Alderman Orr. Motion carried 8-0. City Attorney: Mayor Rodgers appointed V. Joe Leckie as City Attomey for a term of two years, effective January 1999. Motion bv Alderman Johnson to confirm the appointment of V. Joe Leckie as City Attorney for a term of two years, effective January 1999, seconded by Alderman Orr. Motion carried 8-0. Mayor Rodgers infom~ed the council that Marcy Byme has been hired as the new relief dispatcher. Home Occupation: Eric and Melissa Wark, 2721 Alpine View; Repair x-ray processors. Planning Board recommends approval subject to Fire Department's review of MSDS sheets on chemicals stored on site. Eric Wark, who owns Montana Territory X-ray, services x-ray processors throughout Montana and Wyoming. The vast majority of the equipment serviced by his company is located at the customer's site, normally a hospital or doctor's office. He is seeking to buy some property in this area and would like to operate the business out of the garage. The fact that he stores fixer and developer was a concern to the Planning Board. At the Planning Board meeting, it was understood that he has about 1,700 gallons of chemistry on hand, but he only has about 900 gallons. Alderman Walton questioned the difference between this figure and the number of gallons reported at the Planning Board meeting. Eric explained that he has four 55-gallon drums of two different products. He also has skids of 72 and 64 boxes, each containing two gallons of chemical which mix to produce ten gallons. Alderman Olson asked Eric if he had a provision for containment if an accident involving the chemicals occurred in the garage. Mr. Wark said that he could incorporate some provision. Larry McCann said that there was no fire risk involved with these chemicals, but there are health concerns because septic tanks are used in this area. Larry expressed concem with allowing these chemicals to be used in a residential area. Motion by Alderman Johnson to deny the home occupation request for Eric and Melissa Wark, seconded by Alderman Olson. Motion carried 8-0. c. Yellowstone County Air Pollution Control Board Public Hearing. Mayor Rodgers opened the public hearing. Council Minutes of February 16, 1999 Steve Duganz, the director of Yellowstone County Air Pollution Control, explained why the public hearing was being held. In 1967, the state legislature passed a Clean Air Act that allowed local commtmities to form air pollution control districts, which was done in 1969. Since that time, any regulation changes have only had to be brought to the County Commissioners. Now the regulations are being updated, and the Department of Environmental Quality has determined that, not only must they appear before the County Commissioners, but they must also go to each municipality within that jurisdiction. Mr. Duganz has recently appeared before the City Council of Billings, the Town Commissioners of Broadview, the County Commissioners, and now the Laurel City Council. The changes are being made because they are under the authority of the state. The department was reorganized four years ago, and part of the impetus behind changing that was one-stop permitting. Consequently, once these have changed, all source permitting required for businesses such as asphalt plants, incinerators, and gravel crushers, will be done through Helena instead of through his office. Cascade County has already approved it, and he expects that all permitting will be done through Helena by the end of the year. Since the permitting will be done in Helena, it will no longer be necessary for his office to deal with these separately in Yellowstone County, but they will continue to work with the state to enforce the regulations. Another change is in the open burning permit regulation, but that probably will not affect anyone in the City of Laurel. There will be a separate permit required for major open burns, which is aimed primarily to slash burning in the forests of western Montana. He does not see that this would impact anyone in Yellowstone County. Another change affects commercial film production. If a film produced in Yellowstone County would create a great amount of black smoke, public notice would have to be given before a permit could be issued. Creating black smoke during firefighting training would have similar requirements. Mr. Duganz does not think any of the requirements would be a problem. Alderman Walton asked if he thought that it was good to have the permitting done through Helena or if it would make it easier for people to circumvent the regulations. Mr. Duganz will work with the state on enforcement and will be notified when application is made for a permit. The only change he expects is that the application process will take longer. State regulations allow thirty days for review of permit applications and they take the full amount of time. The permitting section is now located within the Department of Environmental Quality in Helena, and the permitting process could take between two months to two years, depending on the request. Mayor Rodgers asked if there were any other proponents. There were none. Mayor Rodgers asked if there were any opponents. There were none. Motion by Alderman Walton to close the public hearing, seconded by Alderman Kroll. Motion carried 8-0. Zone Change: Zone change from light industrial to highway commercial for Canyon Creek Station Subdivision. (Public Hearing) This being the time and place advertised, a public hearing was held. Mayor Rodgers opened the public hearing and asked if there were any proponents. Dean Rankin stated that he applied for the zone change in order to make this area more consistent with retail and with the property around it. Mayor Rodgers asked if there were any opponents. There were none. Motion by Alderman Walton to close the public hearing, seconded by Alderman Orr. Motion carried 8-0. Motion by Alderman Johnson to grant approval for the zone change from light industrial to highway commercial for Canyon Creek Station Subdivision, seconded by Alderman Orr. Motion carried 8-0. Ordinance 099-4: An ordinance of the City Council of the City of Laurel providing for the immunization, defense, and indemnification of public officials and public employees for liability resulting from an alleged violation of Constitutional Initiative 75. (Second Reading and Public Hearing) Council Minutes of February 16, 1999 ORDINANCE 099-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAUREL PROVIDING THAT THE LAUREL MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.94; PROVIDING FOR THE IMMUNIZATION, DEFENSE, AND INDEMNIFICATION OF PUBLIC OFFICIALS AND PUBLIC EMPLOYEES FOR LIABILITY RESULTING FROM AN ALLEGED VIOLATION OF CONSTITUTIONAL INITIATIVE 75. Mayor Rodgers opened the public hearing. Mayor Rodgers asked if there were any proponents. There were none. Mayor Rodgers asked if there were any opponents. There were none. Motion by Alderman Walton to close the public hearing, seconded by Alderman Orr. Motion carried 8-0. Motion by Alderman Olson to approve Ordinance 099-4, seconded by Alderman Staudinger. A roll call vote was taken on the motion to approve Ordinance No. O99-4. All eight aldermen present voted aye. Motion carried 8-0. f. Laurel Revitalization Association: Debbie Ricci and Don Smarsh. Debbie Ricci thanked the council for allowing them to report on the Laurel Revitalization Association. Throughout the last few months, the group has met with many Laurel business people, lenders, and representatives from the County Commissioners. Several residents have attended the meetings. This group is interested in revitalizing the downtown area of Laurel by seeking to impact the quality of life in Laurel and providing an atmosphere that will encourage economic growth. The group began meeting in November and has chosen the name Laurel Revitalization Association. Don Smarsh is the president of the group, Debbie Ricci is the vice-president, and a board and other officers will be elected later this month. Some have expressed concern that this group needs to unite the community, not to split it. The group recently voted to be under the umbrella of the Chamber of Commerce, but it will be an arm's length branch that will have its own board of directors. They have heard discussion regarding concerns many residents have for the conununity. The group has accumulated a list of about forty projects for their consideration. The number one project will be the underpass, with other projects including the overall cleanup of the downtown area, sidewalk repair, the planting of trees and shrubs, signage off the freeways, a farmer's market, and storefront improvements. Debbie expressed that the group has a positive attitude and is determined to do this for the community as a whole, not to promote specific businesses. Don Smarsh explained that the City of Powell has accomplished similar things in their downtown area. When they see an empty building, they make it a community problem, not an individual problem. That is what the Laurel group wants to do, but they need financial help in order to do so. They will be asking the businesses for financial help, are working on a number of fundraisers, and have applied for a $5,000 grant from U.S. West. The group is hoping that the City of Laurel will see this as a project that will benefit the city and will offer some financial assistance. The group is currently researching specific costs and ideas for the underpass project. Cat Cumin stated that the council should consider the request from this group as a separate item for investment, at least on a matching basis, because the Planning Board's budget is committed. Cat introduced Ann Cossitt, an associate who has been working with the group. The remaining portion of the Planning Board's budget will be used to do a data resource inventory for the downtown area. This includes defining what the downtown is, mapping of the downtown area, doing a complete land use inventory of land ownership, evaluation, traffic cornits, footprints, aerial mapping, street mapping, and water and sewer. This will be the basis used to proceed to the next phase, which has been outlined in the budget. Cal said that the Planning Board does not have money in its budget for this group. Alderman Walton stated that the underpass belongs to the railroad and the state owns the highway. Because of this he questioned what the City of Laurel could do to help with the project. Don Smarsh explained that the group discussed the possibility of painting murals in the underpass and installing a railing, brick facing and signage. Alderman Johnson expressed his support for the group, but suggested that some council members should attend their meetings to help work out specifics. Debbie Ricci said that they are asking for startup funds, not for the council's support of a specific project. Alderman Johnson explained that he was not sure of the right place available to provide Council Minutes of February 16, 1999 them with funds. Specifics regarding where the money will come from need to be developed. Alderman Johnson emphasized that it is not a matter of support for the group, bm it is a matter of mechanics. Don Smarsh said that the group likes the idea of matching funds so that the group can show they are serious about accomplishing projects. Mayor Rodgers said that the Budget and Finance Committee would review their request. Larry McCann will research the ownership of the underpass. The next meeting for the Laurel Revitalization Association is scheduled for March 9th. g. Willow Drive Ditch. Mike Manders, 1419 Willow Drive, was the spokesman for the Willow Drive residents. They are concemed about the High Line Ditch, which adjoins the property of several of the residems. In the summer of 1997, a small leak within the ditch bank progressed into the street and seeped for several weeks. In 1998 a significant leak started in July and continued through September. It ran long enough and with enough authority that it could have been given its own name. They contacted several people within the city and people from the Ditch Company, hoping that the problem would be recognized. The residents want the ditch repaired before spring and the opening of the ditch, and they are currently faced with trying to raise the necessary money to make the repairs. Larry McCann has worked on this project. A state grant is available and application needs to be made by February 27th. The grant is a 75-25 grant, and the 25 percent is the amount being questioned by the residents. Mike said that the Willow Drive residents do not have the money necessary to provide the 25 percent, but they are willing to help out. He does not think that it is just the problem of the Willow Drive residents, even though they are the primary property owners in the area. If something happens to the ditch, the problem will include all of Laurel. Mike feels that more than just Willow Drive homeowners need to subsidize the repair of the ditch. The repair of the ditch involves lining it with three inches of concrete with a mesh woven between it, extending from the weste~y property line near Doug Manning' s property down to the bridge on Beartooth. Larry McCann explained that the state would allow the grant to be divided into a hard and soft grant, with the hard pan involving hard cash. With the City of Laurel and the Ditch Company's participation, the hard cash cost will be cut down to about $8,625.00. The project costs would be $67,250, and the soft cash is the $15,000 savings from the contractor. The Ditch Company will provide the track hoe to clean the ditch and the City of Laurel will provide the dump truck to haul the cleanings away. Mike Manders asked what would be necessary to get more of Laurel involved with paying for repair of the ditch. Larry McCann said that creating a Special Improvement District would be possible, but that requires time and the ditch could not be repaired by spring. There was further discussion regarding SIDs and the requirements necessary to begin one. It was suggested that a SID would expand the involvement of the residents, but it may not lower the costs because of the costs involved in the SID. Larry McCann explained that the Ditch Company would require that the homeowners participating in this project own and maintain the ditch lining. If the lining cracks, the property owners would need to repair it. Ron Wegh, 1418 Willow Drive, stated that the Ditch Company should be required to repair a leak in the ditch. He does not understand why the Ditch Company is only responsible for a major problem, and the homeowners are responsible when a minor problem occurs. These property owners do not use any water out of the ditch, and they would probably be severely reprimanded if they ran a line and started drawing water out of the ditch. He does not think the City of Laurel is responsible for the ditch, but he does not think that the homeowners should be held responsible for it either. Mr. Wegh asked why the Ditch Company is not responsible, and Larry McCann responded that they are protected under state law. Doug Manning, 1422 Willow Drive, has lived there for thirteen years. When they dug the ditch out, the existing tile was dug out. For twelve years there was no water in his sump ptm~p hole, and suddenly he was taking ten gallons of water out per minute and his basement flooded. The water was flowing eight feet wide and three inches deep down the street, and the neighbor's yard was so drenched that a person would sink while attempting to walk across it. Doug said that this is the city's problem, not just the homeowners' problem. Being an insurance agent, Doug emphasized that the insurance companies would not cover a flood. Council Minutes of February 16, 1999 Mayor Rodgers said that the city cannot do anything about these arguments, but they need to be addressed with the Ditch Company. Robby Mayes, 1411 Willow Drive, started building his house in the fall of 1985 and the ditch was lined with bentonite the next spring. He questioned why the ditch was lined to begin with, who made that decision and who paid for it the first time. He feels that answers to those questions would resolve the question of who should take care of it now. When he moved up there, some of the lots were leaking. He knows that the ditch was dug out, and the silt that was removed is now his yard, as he asked them to dump it in his yard rather than haul it out. Since then, they have cleaned the ditch by using a backhoe to scrape it out, and Robby thinks the bentonite seal was broken then, causing the ditch to leak ever since. The leak increased so much between the summers of 1997 and 1998, and Mr. Mayes is concerned about what will happen this summer. John Gary, 1414 Willow Drive, asked if the residents would be liable if the lining cracks. He also asked if there is any way to stop the Ditch Company from putting water in the ditch until the repairs are completed because of the possibility of property damage and loss of life. Mayor Rodgers said that those same possibilities lie within that ditch from start to finish. Joe Leckie said that ditches are sacred in Montana and have a certain right-of-way that they maintain. The state legislature is probably the only way to change that. As long as a problem does not affect their water flow, the ditch companies will not repair it. If a problem does affect their water flow, they will repair it. Joe explained that the city does not have the authority to impose roles, regulations or standards on the Ditch Company. Alderman Walton acknowledged that the concems brought before the council were all valid. He stated that what is needed now is an agreement between the residents and the City Council to file the grant application. He stated that the ditch could be relined with bentonite at a cheaper cost than $67,000, but the possibility of damage would still exist. Miles emphasized that all the city could offer them is half of the 25 percent if the grant is approved. If they want to explore other options first, the grant application would not be made before the deadline. The Ditch Company would require a letter exempting them from maintenance of the lining, and the City of Laurel would require the same. There was some further discussion, and it was agreed to apply for the grant. Motion by Alderman Johnson that the City apply for a grant to provide for the lining of the High Line Ditch; and that the application contain the following conditions precedent to the City's obligation to perform: 1) that the residents provide all of the required money prior to the start of the project; 2) that the residents develop a plan and program to maintain the lining in the ditch; and, 3) that the residents release the City from any further obligation to maintain or repair the ditch, seconded by Alderman Olson. There was some discussion about the responsibility of the residents. Leo Fowler, 1423 Willow Drive, was the first person to build a home on a lot on the ditch bank. When he bought the lot, he was told that the ditch was going to be lined because it affected everything from the ditch down to First Street in Laurel. Mayor Rodgers asked for a vote on the motion to apply for the grant. Motion carried 8-0. The residents in attendance at the meeting had more questions, and Mayor Rodgers encouraged them to consult with Larry McCann during office hours. h. Annexation of South Pond. Cal Cumin explained that, in order to do the improvements planned as part of the CTEP Project at South Pond, the site needs to be annexed into the city. The Planning Board needs direction from the council to initiate that process, and it will be brought back with a report and a public hearing will be set. The entire area would need to be annexed in order to provide law enforcement there. Since this is all public property, Joe Leckie said that it is not subject to CI-75. If the land needs to be surveyed, the city will have to pay for the survey. Motion by Alderman Easton to approve the intent to annex South Pond into the City of Laurel, seconded by Alderman Staudinger. Motion carried 8-0. Council Minutes of February 16, 1999 i. Planning Board recommends correction of Table 17.16.010 as follows: Delete reference to R20,000 Zone. Planning Board recommends correction of Table 17.16.020 as follows: Column under SR for minimum lot area per dwelling should be 5 acres and under RT should be 1 acre. Cal Cumin explained that these items were errors in the zoning ordinance and need to be corrected. Joe Leckie will prepare an ordinance to make these corrections and it will be on the next agenda. This does not require a public hearing because they are just corrections. Resolution No. R99-5: A resolution approving that the name Laurel Lions Family Park be given to South Pond with some recognition on the sign for the Laurel Rod and Gun Club as the original purchaser of the park. RESOLUTION NO. R99-5 A RESOLUTION APPROVING THAT THE NAME LAUREL LIONS FAMILY PARK BE GIVEN TO SOUTH POND WITH SOME RECOGNITION ON THE SIGN FOR THE LAUREL ROD AND GUN CLUB AS THE ORIGINAL PURCHASER OF THE PARK. This item was separated out of the consent agenda. Motion by Alderman Johnson to table this resolution in order to do further research into the background of South Pond, seconded by Aldem~an Olson. Motion carried 7-1, with Alderman Walton voting nay. UNSCHEDULED MATTERS: Alderman Kroll said that the changes in the ambulance bylaws would be on the next agenda. Alderman Olson stated that the YMCA is currently looking for land to develop. There being no further business to come before the council at this time, the meeting was adjoumed at 8:27 p.m. Cindy Allen,'~ecretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2nd day of March, 1999. Attest: Donald L. Hackmann, Clerk-Treasurer