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HomeMy WebLinkAboutCity Council Minutes 10.07.1986Minutes of the City Council of Laurel October 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 Mayor Bob Gauthier at 7:00 p.m., on October 7, 1986. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Ervin Wood Donna Kilpatrick L. D. Collins Mel Krug Chuck Dickerson Donald Meyers Rob Harris Norman Orr INVOCATION: Invocation given by Reverend Holt. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of September 23, 1986, as presented, seconded by Alderman Meyers. Carried. CORRESPONDENCE: Received a letter from the State of Montana, Department of Health and Environ- mental Sciences, Solid and Hazardous Waste Bureau, regarding drycleaning businesses. Received a letter from the State of Montana, Department of Health and Environ- mental Sciences, Water Quality Bureau, regarding an amendment to the engineer- ing agreement on the Wastewater Treatment Plant. Received two letters from the State of Montana, Department of Health and Environmental Sciences, Water Quality Bureau, regarding change orders no. 6 and 7 on the Wastewa%er Treatment Plant. Received a letter from EPA regarding the Federal Sewage Works Grant. Received a letter from James L. Kraft, Yellowstone County Disaster and Emergency Services, regarding a countywide 9-1-1 number. Received Law Enforcement Committee minutes and the final report from the Montana Board of Crime Control regarding City/County law enforcement con- solidation. Received the annual report from the Yellowstone City-County Health Department. Received a memo from the Montana League of Cities & Towns regarding Constitu- tional Initiative #27. Received the September, 1986, High Water Newsletter from DNRC, Floodplain Management Section. Received a letter from Linda L. Wilkerson, stating that she and others remain in opposition to the re-zoning of Mace property. Received a letter from Philip Letz, Montana Power Company, requesting the Council's consideration for a waiver of city-required bonds in regard to work performed by MPC while servicing it's customers. This was referred to the Street & Alley Committee. Received a letter from Morrison-Maierle, Inc., announcing that Larry Larsen is leaving them. CLAIMS: Claims for the month of September, 1986, were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderman Harris to pay the claims for September, 1986, seconded by Alderwoman Kilpatrick. Motion carried 6--0. BID OPENING - SID #109 CONSTRUCTION: This being the time and place advertised, all bids received were opened and read aloud. Three bids were received. Empire Sand & Gravel Bid Bond Attached Billings, MT. Midland Empire Material Bid Bond Attached Billings, MT. Barry O'Leary, Inc. Bid Bond Attached Billings, MT. BID OPENING - SID #109 BONDS: This being the time and place advertised, read aloud. One bid was received. Yellowstone Bank Laurel, MT. all bids Bid Bond - Cashier's Check in the amount of $11,100.00. Total bid: Total bid: Total bid: $66,028.15 $64,253.70 $74,645.50 received were opened and Bid: 9.5% Minutes of the City Council of Laurel The construction bids were reviewed by the engineers and they recommend that the low bid be awarded to Midland Empire Material in the araount of $64,253.70. Motion by Alderman Meyers to award the bid to Midland Empire Material in the amount of $64,253.70, seconded by Alderman Harris. Motion carried 6--0. Motion by Alderman Meyers to accept Yellowstone Bank's bond bid at 9.5%, seconded by Alderman Dickerson. Motion carried 6--0. RECONSIDERATION OF ORDINANCE NO. 902 ZONE CHANGE - MACE REALTY: Cal Cumin The Planning Board recommendation didn't materialize; The vote came up to approve the request for a zone change and the vote was 4--4 with 8 members present. The motion was changed to d~ny this zone change and the vote was 4--4. So the planning board was not able to make a recommendation as a body. This is the second time that they have requested this. I would like to state that from the comprehensive plan standpoint and the planning in general, this is the kind of thing that does fit in this area, and there have been a lot of concerns expressed by the neighbors in the area. But I would like to see the Council address the concerns rather than just say "NO". If you look at the project, if it was not Bob Mace, perhaps you would look at the project as it stands alone and valuing from that standpoint. You might get better insight into it. The houses are going to be nice houses. If they are concerned about the fact that we didn't approve this house and he builds another house later, then I suggest you put that into your motion. If you're going to approve it, the floor plans, house plans, be filed as part of the agreement. If you're concerned that he's going to build a whole row of apartment houses, one way to address that would be to limit his con- struction to one unit and then when that unit is sold he would be allowed to build another unit. This would address this kind of thin~. Rob Harris Cal, at your planning board you had discussed all that and it still came up 4 for denial or 4 for consideration? Chuck Dickerson OK. You say that this is something that fits in with Laurel. OK. When those condominiums and four-plexes went in behind the clinic up on Montana Avenue, at that time those fit in with Laurel also, didn't they? When they were built up there, it was something that was stated that it would be good for Laurel. Cal Cumin I don't recall. Chuck Dickerson Maybe not you, in those words, but it was thought that it would be good, but yet look at those. They are still sitting vacant and not being sold and everything. The concern that I've heard was that, "Yes, he's saying duplexes," but what's to guarantee, when you say multifamily, that it's going to be restricted to duplexes? Yes, the Council can say this and everything else, but it seems that the feeling of some of the people, not only in that area, but in different areas, have said, "OK. The Council says they are going to do this and restrict it to this," but they don't. I think that this is a concern the people have. Yes, it says multifamily; and, yes, we're saying duplexes, but will it really be duplexes? This is the concern because it has happened before. People have kinda lost their faith in the Council because the Council hasn't really been as strict, in certain situations, as they should be. Cal Cumin Well, the zoning that he wants will be limited because of his lot size to duplexes. If he wanted to increase it to four-plexes, he would have to increase his lot size which would require replanning and going back to public hearing and back to the Council for approval in view of the new owners and this type of thing. I don't think the idea that it might turn into some- thing other than duplexes is not a big worry. Bob Gauthier What can be put on there now, Cal? Cal Cumin Just single family. Chuck Dickerson Is there any square footage requirement? I mean he could put up a 700 sq. ft. $30,000.00 house on that property if he wanted to, right? Cal Cumin This is something I wanted to bring up to the Council. The houses he is going to build up there are going to be substantial. You can look at them as a duplex, but just the investment in money is going to be a substantial house and you can guarantee that through all your requirements that all his plans be filed and followed and whoever he sells them to, follow them. So the investment in money up there and the tax returns to the City of Laurel is substantial. It's not that he's going to build a cheap little apartment and let it go at that and then build some more. You can nail him down so that he does as he says he's going to do. Chuck Dickerson Do you think it's going to be that easy to sell the place for $80,000 or say $160,0007 Considering someone wants to buy both of them, with a horse pasture in the back yard and $40,000 houses across the street that can't be sold? pa e3 Minutes of the City Council of Laurel Cal Cumin This is one of the reasons I would like to see consideration of these units. These are nice units. If you just let more $40,000 houses go in there, pretty soon you are going to have that kind of neighborhood. I'd like to see it upgraded a little bit. This is an arterial roadway, even though it's a nice rural little lane now. Fifteen years down the road it's going to be a major thoroughfare for Laurel. And as far as a horse pasture, I don't think that's really a problem. That's probably an asset right now. Changing the zone so that you can get a higher concentration of people and there's only 12 units, actually increases the value of the adjacent land. Chuck Dickerson And you don't think by putting duplexes in there and that being a main arterial route, in the future, not as it is now, but being more developed in the future, that that wilt bring excess or increase the traffic to an unsafe limit. Cal Cumin No. You do have a major street there and it can serve a much Nigher population. Right now you've got a lot of single family lots up there and I don't think a lot of people realize that there's a main street going right through the middle of the neighborhood, and it will be a main street. Bob Gauthier Can you tell them exactly what they are supposed to be considering here? What they are supposed to be addressing? Cal Cumin The issue they are addressing is whether to increase the zones so we can put 12 more units up there, put 24 units instead of 12. That's the basic zoning issue. I guess because of all the fears that have been expressed through the public hearing process, i guess if you were going to make a change in your vote, you'd put some nails in the decision whether he's going to get the zone change and that he's going to have to file these plans and the building department will be looking at them and will not issue permits for any more than one unit at a time, no matter what happens up there until it's sold. Chuck Dickerson Isn't that supposed to come from the Planning Board? This is the recommendations that are supposed to be given to you at the Planning Board to bring before the Council. And now it's turned around to where the Council's going to have to sit down and make sure all this is in order, and that he!s presenting everything as it should be when he's done this at the Planning Board and the Planning Board can not even decide what the action should be. Cal Cumin I never had the opportunity to make an explanation before the Council and that's the only reason I wanted to say something. Because the idea of the yes and no on the zone change like it went at the last meeting I don't think the factors were considered and I didn't want them coming back and haunting either myself or the Council. So now I feel you've got the issues in front of you and are in much better shape to make a decision. Chuck Dickerson Well, I think the expertise should be within the planning board and before it even comes before the Council to be considered, as to what the Council's recommendation should be. The Planning Board should sit down and break the 4--4 tie and make sure all this information that he has said is going to be done is in order and is right before it even comes before the Council. That is what the planning board is for -- to make recommendations and just to come before the Council and say you have a 4--4 tie, that does not help us to have to make the final decision. Joe Bradley If you pass the ordinance on zone change on the first reading after approving reconsideration, then it will come up again for second reading at the next meeting and in the meantime Mr. Mace could submit all the documents you might want about the building plans, the construction costs, and the materials to be used and his agreement that he wouldn't build more than one without selling it first and that would be for your review at the next meeting and then you could still turn it down on second reading or not if you want. The first thing before you vote would require that someone make a motion to reconsider the first reading and that motion has to be made by somebody who voted against it last time. That motion just has to pass by a majority vote and if that motion passes, that just brings the last meeting's motion up again. And then that motion would have to pass with 6 members voting for it because it takes 6 out of 8. We have to be careful here because if you turn it down finally, the issue is dead for a year. The planning board can't consider it or anything. So you would have to move to reconsider and pass that motion and then if you wanted to table it and send it back to the planning board, I guess you could. Motion by Alderman Meyers to reconsider Ordinance No. 902, seconded by Alderwoman Kilpatricko Motion carried 4--2 with Aldermen Wood and Collins voting, "NO." Motion by Alderman Meyers to table Ordinance No. 902, seconded by Alderman Dickerson. Motion carried 5--1 with Alderman Wood voting, "NO." page4 Minutes of the City Council of Laurel TRAFFIC STUDIES AND ESTABLISHING SPEED ZONES: Jim Flisrand introduced Chad Lutey, District Traffic Engineer for the Department of Highways. He discussed how traffic studies are conducted and how they arrive at a speed for an area. A recess was taken from 8:25 p.m. to 8:35 p.m. FINAL 1986--87 BUDGET: RESOLUTION NO. 2221 BEING A RESOLUTION LEVYING TAXES FOR GENERAL AND SPECIFIC PURPOSES FOR THE CITY OF LAUREL FOR THE FISCAL YEAR BEGINNING JULY 1, 1986. Motion by Alderman Dickerson to give final approval to Resolution No. 2221, provisionally passed July 2, 1986, setting the mill levy of 106 mills as follows: General Ail Purpose 65 PERS 8 Comprehensive Insurance 6 Policemen's Insurance 2 Employee Health Insurance 5 Airport Authority 2 Firemen's Relief 2 FAP Bonds and Interest 3 Storm Sewer Bonds and Interest 13 Total 106 seconded by Alderman Meyers. Motion carried 6--0. Motion by Alderman Harris to adopt the final 1986--87 budget as presented, seconded by Alderman Dickerson. Motion carried 6--0. CEMETERY ORDINANCES: ORDINANCE NO. 831-A (first reading) AMENDING SECTION 12.04.090, PRICE OF LOTS, OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Dickerson that Ordinance No. 831-A (first reading) be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. ORDINANCE NO. 832-A (first reading) AMENDING THE RULES AND REGULATIONS OF THE CEMETERY COMMISSION REGARDING VETERAN'S MARKERS Motion by Alderman Dickerson that Ordinance No. 832-A (first reading) be passed and adopted, seconded by Alderman Harris. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 6--0. LIABILITY INSURANCE COVERAGE PROGRAM: Don Hackmann, City Clerk, reported on a meeting he attended October 3, 1986. RESOLUTION NO. 2252 A RESOLUTION RELATING TO PARTICIPATION IN POOLED SELF-INSURANCE PROGRAM; APPROVING AND AUTHORIZING THE EXECUTION OF THE MONTANA MUNICIPAL INSURANCE AUTHORITY INTERLOCAL AGREEMENT, APPROVING THE MUNICIPALITY'S PARTICIPATION IN THE AUTHORITY'S LIABILITY INSURANCE COVERAGE PROGRAM, AUTHORIZING THE EXECUTION OF THE LIABILITY INSURANCE COVERAGE PROGRAM AGREEMENT, RATIFYING THE ISSUANCE OF BONDS ON ITS BEHALF AND AUTHORIZING AND APPROV- ING THE EXECUTION AND DELIVERY OF A NOTE EVIDENCING THE MUNICIPALITY'S PROPORTIONATE SHARE OF PRINCIPAL OF AND INTEREST ON THE BONDS. Motion by Alderman Dickerson that Resolution No. 2252 be passed and adopted, seconded by Alderman Meyers. Motion carried 6--0. HKM - WATER DISTRIBUTION SYSTEM ANALYSIS: Ray Armstrong, HKM Associates, reviewed the Water Distribution System Analysis report for the City of Laurel, dated August, 1986. Alderman Wood left the Council meeting at 9:00 p.m. Alderwoman Kilpatrick and Alderman Collins left the Council meeting at 9:32 p.m. COMMITTEE REPORTS: Due to the lack of a quorum, the committee reports were delayed until October 21, 1986. Minutes of the City Council of Laurel COMMENTS FROM THE AUDIENCE: none MAYOR'S COMMENTS: Special meeting Thursday, October 9, 1986, at 7:00 p.m. Alderman Dickerson reported that Alan Crowe will advertise for a police car starting October 8th and 15th in the paper with bids due the Council by October 21st. Joe Bradley suggested the Council members visit the new site for the Laurel Nursing Home before the special meeting October ~, 1986. There being no further business to come before the Council at this time, the meeting was adjourned at 9:38 p~ ~~~ Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 21st day of October, 19 . Bob au ier, Mayor Donald L. ~ackmann, City Clerk