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HomeMy WebLinkAboutCity Council Minutes 08.19.1986MinUtes of the City Council of Laurel August 19, 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 Mayor Bob Gauthier at 7:00 p.m., on August 19, COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: 1986. Ervin Wood Mel Krug L. D. Collins Donna Kilpatrick Chuck Dickerson Rob Harris Donald Meyers Norman Orr INVOCATION: Invocation given by Reverend Biller. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of August 5 and the special meetings of August 6 and August 11, 1986, as presented, seconded by Alderman Krug. Carried. CORRESPONDENCE: Received a note from "Contented Campers" complimenting the City on the good service and the cleanliness at Riverside Park. Received a letter from the State of Montana, Department of Revenue, regarding the passage of House Bill No. 45 at the Second Special Session, enacting a tax to fund the Department of Public Service Regulation. Received a letter from the Montana Taxpayers Association cautioning local governments on the method used to determine the final 1986--87 mill levy. Received the July minutes and activity report from the Air Pollution Control Board. MACE REALTY - ZONE CHANGE: Public Hearing - Zone Change Lots 1--3, Block 14, and Lots 5--13, Block 13, Cherry Hills Subdivision, 2nd filing. This being the time and place advertised, a public hearing was held. Joe Bradley informed the Council that because there is a legal protest against the zone change, it would take six votes to pass and there are not six Council members present. A decision on whether to hold the public hearing or not had to be made. Joe suggested going ahead with the public hearing because it had been advertised, then table the zone change decision until the next meeting and invite all the speakers back. It was decided to go ahead with the public hearing although no vote could be taken. Proponents: Jim Worthington The property is located on the south side of Maryland (west of 13th Avenue) and consists of 12 lots. The request before you is to rezone it and to enable the development of condominiums, two units on each one of the lots. As per the discussions that were held last year there was concern about the availability and the necessity to have some subdivision restric- tions of some covenants that would protect the property owners adjacent so that the property would be developed as it had been proposed. All of those documents have been submitted and have been reviewed with the Planning Board and, I believe, with the attorney, to satisfy some of the concerns of the Council, some of the concerns that were expressed last year by the Zoning Commission. It states that the development will be done in a sequence that will adhere to the requirements. In other words they are not going to go in and build on all the lots at one time. The arrangements are that one unit will be built and then sold, so that it will be handled under a controlled development. These restrictions have been set to be established and would run with the property and not with the current owners. In other words, it would be something that would carry as other subdivision restrictions and coverages do follow. Of course, the property is located on an arterial street, a large wide street. We felt that would be the area to provide for some higher density. We feel that the proposal that has been presented before the Council is a quality development and will add to the quality of the entire area. That is very very brief, but it brings you up to date of where we were and what we were talking about a year ago. We would be willir~ to work with you to satisfy your individual requirements. Joe Bradley reported that the Planning Board was thinking that they would recommend to the Council that Mr. Mace be tied down into not building more than one building until he had sold one of the two units out of that building before he would build the second building and that he wouldn't build the third until he had sold one of the two units out of the second building, and then he could build the third building. That's so he doesn't have a bunch of units built, can't sell them, and he rents them out. He would also agree not to rent out more than one himself. Although we could not ever stop somebody who bought the building from living in one side and renting out the other. He also would agree to putting the building plans right into the covenants so that only his plan could be built unless we reviewed it first. page2 Minutes of the City Council of Laurel Bob Mace said that the thing we wanted to do and agreed to only build one building at a time, and we would pre-sell one of the two units. Discussion about the concern of having too many rental units. Bob Mace went on to say that if you do have something you want in the agree- ment, my attorney, Larry Herman, will work with Joe Bradley. We don't want to put anything in Laurel that will be detrimental to the City and that you are going to have a problem with. We're not aiming for that. We haven't done it in the past and ali the homes that I've built here in Laurel were built according to exactly the way the City instructed to do it. Streets, curbs, gutters, whatever you've needed we have been cooperating with you 100%. We will continue to do that. Opponents: Linda Wilkerson, representing the people in that area, spoke against the zone change. She said that we have the same concerns as you have. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Krug. Motion carried 5--0. Motion by Alderman Dickerson to enter the formal protest of Horning and Wilkerson into the record, seconded by Alderman Harris. Motion carried 5--0. The zone change ordinance (first reading) will be presented at the September 2, 1986, Council meeting. SPEED ZONE SURVEY: Chad Lutey, Traffic Engineer - Department of Highways in Billings, explained the speed limit Changes on 212 which was from the result of a survey. There was further discussion on reducing other speed limits. Mr. Lutey advised the Council to write a letter to the State Department either expressing their approval of the survey or their concerns if there were any. Motion by Alderman Dickerson to direct Jim Flisrand to write a letter to the State Department accepting their survey on the recommended speed signs and urging them to adopt and implement at the earliest possible time, seconded by Alderman Collins. Motion carried 5--0. BID OPENING - PICKUP: This being the time and place advertised, all bids received were opened and read aloud. Two bids were received. Johnson Ford Laurel, MT., bid bond attached in the 1986 Ford Fl50 ½-Ton pickup 300 CID 6-cylinder engine 3400# front axle 3750# rear axle 5-P215/75Rx15 steel-belted radial power steering rear step bumper 2300# front springs 2898# rear springs halogen headlights cigarette lighter ammeter and oil pressure gauges tutone paint headliner/insulation package bright low mount mirrors amount of $904.50. 4 speed transmission GVW rating: 5450# 1885# payload capacity dual fuel tanks 38 gal power brakes chrome front bumper 60 amp alternator AM radio removeable tailgate dome light inside tachometer cloth seat trim HD 71 amp battery cap This vehicle would be available to you for immediate delivery for $9645.00 LESS Ford Motor Company cash assistance of $600.00. Your net purchase price will be $9045.00. If you would desire a pickup with the conditioning, we have 2 such vehicles net purchase price of $9630.00. same equipment listed above plus air available for immediate delivery for a Fichtner Chevrolet Laurel, MT., bid bond attached in the 1986 Chevrolet ½-Ton 2x2 pickup tinted glass below eyeline painted mirrors HD front stab. bar HD rear springs 1750# each engine oil cooler 4.3 liter V-6 engine with 4 BBL carb. HD 4-speed manual transmission side tire carrier cig. lighter HD radiator Ptd step rear HD bumper white in color amount of $1925.00. dome lamp HD shocks 3.73-1 axle ratio power brakes block heater (262 cubic inch) P. steering HD battery AM radio gauges P225/75R 15 all season radial tires - 5 mahogany vinyl seat page 3 Minutes of the City Council of Laurel FOB Laurel $9379.09 Same as above with the following exceptions: 5.0 V-8 engine (305) cargo lamp light blue blue cloth seat P235/75R all season tires with mud & snow on rear only no engine oil cooler FOB Laurel $9830.44 The bids were referred to the Budget/Finance Committee for review and recommendation. They will meet August 26th at 4:30 p.m. AGREEMENT BETWEEN THE CITY OF LAUREL AND THE WILLIS': RESOLUTION NO. 2241 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND JOHN F. AND DEBORAH B. WILLIS, SAID AGREEMENT RELATING TO EXISTING GARAGE BUILDING. The Willis' were given permission in the mid 70s to construct a garage and it got built 2 feet over into the alley right-of-way. The City is agreeing to never ask them to move it as long as the original structure stays as it is. This is so that a buyer would be able to get a mortgage. Motion by Alderman Harris that Resolution No. 2241 be passed and adopted, seconded by Alderman Krug. Motion carried 5--0. GARBAGE RATES - COMMERCIAL RATE: A public hearing was held on August 5, 1986. RESOLUTION NO. 2242 RAISING CITY ANNUAL COMMERCIAL REFUSE COLLECTION FEES BY 12%. Motion by Alderman Krug that Resolution No. 2242 be passed and adopted, seconded by Alderman Dickerson. Motion carried 5--0. GARBAGE RATES - RESIDENTIAL RATE: A public hearing was held on August 5, 1986. RESOLUTION NO. 2243 ANNUAL RESIDENTIAL REFUSE COLLECTION FEES. Motion by Alderman Krug that Resolution No. 2243 be passed and adopted, seconded by Alderman Dickerson. Motion carried 5--0. ORDINANCE NO. 889 (second reading) SALARY OF THE CITY JUDGE Public hearing. Opponents - none Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Krug. Motion carried 5--0. Motion by Alderman Dickerson that Ordinance No. 889 (second reading) be passed and adopted, seconded by Alderman Krug. Upon taking a roll call vote, all aldermen present voted, "YES," except Alderman Krug who voted, "NO." Motion carried 4--1. ORDINANCE NO. 890 (second reading) AN ORDINANCE AMENDING ORDINANCE NO. 825 TO INSURE THE HOURS OF WORK OF THE CLERK OF COURT AND TO ASSIGN A MUNICIPAL CODE SECTION NUMBER TO THE ORDINANCE. Public hearing. Opponents - none Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Krug. Motion carried 5--0. Motion by Alderman Dickerson that Ordinance No. 890 (second reading) be passed and adopted, seconded by Alderman Krug. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 5--0. FENCE ORDINANCES: ORDINANCE NO. 891 (second reading) AMENDING SECTION 17.20.225, DEFINITION OF FENCE, OF THE LAUREL MUNICIPAL CODE. Public hearing. page4 Minutes of the City Council of Laurel Opponents - none Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Harris. Motion carried 5--0. Motion by Alderman Dickerson that Ordinance No. 891 (second reading) be passed and adopted, seconded by Alderman Wood. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 5--0. Motion by Alderman Dickerson to remove Ordinance No. 892 from the table, seconded by Alderman Krug. Motion carried 5--0. ORDINANCE NO. 892 (first reading) AMENDING SECTION 17.40.010 (D), FENCES, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that Ordinance No. 892 (first reading) be passed and adopted, seconded by Alderman Krug. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 5--0. EPA VEHICLE INSPECTIONS: Joe Bradley reported on an EPA inspection of the City's vehicles. Two vehicles were found not tolbe in compliance and he will be writing them a letter and sending them more information. COMMITTEE REPORTS: --City Council Committee as a Whole minutes of August 5, 1986, were presented and reviewed. Motion by Alderman Krug to enter the City Council Committee as a Whole minutes of August 5, 1986, into the record, seconded by Alderman Krug. Motion carried 5--0. --City-County Planning Board minutes of August 14, 1986, were presented and reviewed. Motion by Alderman Dickerson to enter the City-County Planning Board minutes of August 14, 1986, into the record, seconded by Alderman Krug. Motion carried 5--0. Joe Bradley commented on cash in lieu of required parking spaces. An ordinance will be presented at the September 2nd Council meeting. There was discussion regarding a vacancy on the City-County Planning Board. --Street & Alley Committee minutes of August 14, 1986, were presented and reviewed. The committee recommended to the Council a change in the wording of Municipal Code No. 11.08.030 to allow a private individual to pour and finish concrete at their own residence on City right-of-way. Motion by Alderman Krug to change the wording of the ordinance to allow private individuals to pour and finish concrete at their own residences on City right-of-way, seconded by Alderman Dickerson. Motion carried 5--0. Motion by Alderman Krug to enter the minutes of the Street & Alley Committee of August 14, 1986, into the record, seconded by Alderman Collins. Motion carried 5--0. --Garbage Committee minutes of August 18, 1986, were presented and reviewed. Discussion regarding a claim by Curt Riemann for a damaged garbage rack. Motion by Alderman Krug to direct Ernie Davis to contact Mr. Riemann to fill out an incident report, seconded by Alderman Collins. Motion carried 5--0. Motion by Alderman Krug to enter the minutes of the Garbage Committee minutes of August 18, 1986, into the record, seconded by Alderman Dickerson. Motion carried 5--0. Ambulance Appointment The Mayor appointed Joy Watts as an ambulance attendant. Motion by Alderman Krug to confirm the Mayor's appointment of Joy Watts as an ambulance attendant effective August 19, 1986, seconded by Alderman Collins. Motion carried 5--0. Airport Authority Mel Krug resigned from the Airport Authority effective August 19, 1986. Motion by Alderman Harris to accept Mel Krug's resignation from the Airport Authority effective August 19, 1986, seconded by Alderman Dickerson. Motion carried 5--0. The Mayor appointed L. D. Collins to the Airport Authority effective August 19, 1986. page 5 Minutes of the City Council of Laurel Motion by Alderman Harris to confirm the appointment of h. D. Collins to the Airport Authority effective August 19, 1986, seconded by Alderman Krug. Motion carried 5--0. The Mayor re-appointed John Hawley Smith to the Airport Authority effective August 19, 1986. Motion by Alderman Collins to confirm the Mayor's re-appointment of John Hawley Smith to the Airport Authority effective August 19, 1986, seconded by Alderman Krug. Motion carried 5--0. The Mayor appointed Mary McKamy to the Airport Authority effective August 19, 1986. Motion by Alderman Krug to confirm the Mayor's appointment of Mary McKamy to the Airport Authority effective August 19, 1986, seconded by Alderman Dickerson. Motion carried 5--0. Motion by Alderman Krug to accept Kent Harris' resignation from the Airport Authority effective August 19, 1986, seconded by Alderman Collins. Motion carried 5--0. There being no further business to come before the Council at this time, the meeting was adjourned at 9:10 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2nd day of September, 1986. Donald L. Hackmann, City Clerk