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HomeMy WebLinkAboutCity Council Minutes 01.19.1999MINIITES OF THE CITY COIJNCIL OF i.,AIIRI L January 19, 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 7:05 p.m. on January 19, 1999. COUNCIL MEMBERS PRESENT: Dirk Kroll Miles Walton Ken Olson Norman Orr Gay Easton Bud Johnson COUNCIL MEMBERS ABSENT: Bill Staudinger Gary Temple Mayor Rodgers asked the council to observe a moment of silence in behalf of Miranda Fenner and her family. MINUTES: Motion by Aldem~an Johnson to approve the minutes of the regular meeting of January 5, 1999, as presented, seconded by Alderman Kroll. Motion carried. CORRESPONDENCE: Air Pollution Control Activity Report for December 1998 and Agenda for the January 12, 1999 meeting. Montana League of Cities and Towns Legislative Bulletin. Montana Transportation Planning Newsline, January 1999. CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of December 1999. b. Committee Reports. --Budget/Finance Committee minutes of January 5, 1999 were presented. --City Council Committee of the Whole minutes of January 5, 1999 were presented. --Police Committee minutes of January 7, 1999 were presented. --Public Utilities Committee minutes of January 11, 1999 were presented. --City-County Plannin~ Board minutes of January 14, 1999 were presented. c. Resolutions. 1) Resolution No. R99-1: Collection of annual service fee for all water users, pursuant to the Public Water Supply Program. RESOLUTION NO. R99-1 COLLECTION OF ANNUAL SERVICE FEE FOR ALL WATER USERS, PURSUANT TO THE PUBLIC WATER SUPPLY PROGRAM. 2) Resolution No. R99-2: Resolution authorizing the Mayor to sign a pay telephone installation agreement with PhoneTel Technologies, Inc. RESOLUTION NO. R99-2 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PAY TELEPHONE INSTALLATION AGREEMENT WITH PHONETEL TECHNOLOGIES, INC. Council Minutes of January 19, 1999 3) Resolution No. R99-3: Resolution authorizing the Mayor to sign Change Order No. 3 for the Water Treatment Plant. RESOLUTION NO. R99-3 RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER NO. 3 FOR THE WATER TREATMENT PLANT. The mayor asked if there was any separation of consent items. Alderman Johnson asked to separate out item c. 1), Resolution No. R99-1. This item became item k. on the agenda. Motion by Alderman Johnson to approve the consent items, seconded by Alderman Kroll. Motion carried 6-0. SCHEDULED MATTERS: Confirmation of Appointments. None. Home Occupation: Ron Burea, 518 Fir, for private investigation service. Planning Board recommends approval. Ron Burea, 518 Fir, received approval from his neighbors to have a private investigation service in his home. He will maintain a business office in his residence, but there will be no client traffic to his home. Motion by Alderman Johnson to approve the Home Occupation for Ron Burea, 518 Fir, for a private investigation service, seconded by Alderman Orr. Motion carried 6-0. Zone change: Zone change from Light Industrial to Highway Conunercial for Canyon Creek Station Subdivision. Planning Board recommends approval. Motion by Alderman Olson to set the public hearing on the zone change from Light Industrial to Highway Commercial for Canyon Creek Station Subdivision for February 16, 1999, seconded by Alderman Johnson. Motion carried 6-0. d. Annexation request: Randy Swenson - Bee Hive Homes. Cal Cumin explained that city ordinance requires that land cannot be annexed unless it is at least a city block in size. Randy Swenson is requesting permission to annex his property, which is only about 19,000 square feet. Before he can go through the process of annexation, he needs permission from the City to annex property that is less than the minimum requirement. Dirk Kroll questioned Joe Leckie regarding the implications of CI-75 in this matter. Joe explained that, if there is 100 per cent approval of the property owners of the land being annexed, it does not violate the provisions of CI-75. Motion by Alderman Johnson to approve Bee Hive Homes to begin the process for annexation to the City of Laurel, seconded by Alderman Olson. Motion carried 6-0. e. Downtown Revitalization Association. Cal Cumin reported that the Downtown Revitalization group met last week and progress has been made. Don Smarsh is chairing the committee and Debbie Ricci is also involved. A steering committee has been organized to address bylaws and the vision of the group. The Planning Board budget that was approved last year included money for updating the planning process in Laurel. Rather than hiring someone to draw up another plan, Cal is using this money to involve citizens in the planning process. Cal wants to address the problems in Laurel and does not feel that would be accomplished by having another comprehensive plan drawn up. If citizens are involved in the decision-making process for the downtown and other areas, he thinks that the problems can be addressed in a more positive way. Bud Johnson expressed concern about the need for a plan that could be reviewed on paper, similar to having a comprehensive plan. Cal assured him that this would be available as the planning process Council Minutes of January 19, 1999 progressed with the Downtown Revitalization Association, as well as with other groups that might be formed for similar purposes. Cal is also planning to form a group to address the issues on North First Avenue. The downtown group is addressing the problem of financing, which has been complicated by CI-75. The meetings for the Downtown Revitalization Association are scheduled for the second Tuesday of each month. Cat will be giving regular updates and progress reports at future council meetings. f. South Pond Update. At the last council meeting, some letters were approved which revised the scope, work, and budget of the South Pond project. All remaining CTEP funds were allocated for the South Pond Project, except for $15,000 which remains allocated for the Cabin Restoration Project. Cal has not heard from the State of Montana regarding this. Cat contacted the State regarding the cimumstances of having no firms that were qualified for the disadvantaged business requirement of the contract. The bids had to be rejected and Cal expected to rebid them this month. Seven Buffalo is still not certified and the process could continue for a month or more. After discussion with them, the State waived the requirement, and the project can move forward. Cal submitted another grant to Fish, Wildlife and Parks for $23,418.00. That has been matched with time from the Lions Club and the City. This will build a four-foot wide trail around the pond and will integrate the county's efforts to complete the ripraping on the east side of the pond. The CTEP Grant will complete the northeast comer, including the parking and trails. The project will include a fence along the railroad. The Lions Club and City of Laurel will be completing the rest of the project. Ordinance No. O99-1: An ordinance of the City of Laurel to regulate and control and prohibit conditions that contribute to community decay. (First Reading) ORDINANCE NO. O99-1 AN ORDINANCE OF THE CITY OF LAUREL TO REGULATE AND CONTROL AND PROHIBIT CONDITIONS THAT CONTRIBUTE TO COMMUNITY DECAY. Motion by Alderman' Johnson to approve Ordinance No. O99-1, seconded by Alderman Olson. Dirk Kroll questioned whether or not a time limit for compliance should be specified in the ordinance. Joe Leckie explained that different violations would require various time periods to comply with the ordinance. The allowed time period would be specified on the notice to the owner. This is explained in section 2. (d) of the ordinance: "Specify on the notice the time hi which the owner has to comply with the order, or file an appeal with the City." If the owner feels that the specified time is unreasonable, an appeal can be filed with the city. Section 8.28.050 of the ordinance states that, "If after time specified in notice, such nuisance still exists and no appeal has been filed or extension of time agreed to by agency, the agency may cause the abatement of the violation without further process and assess the property and the owner for all actual cost of abatement and administration costs." After discussion about the ordinance, a roll call vote was taken on the motion to approve Ordinance No. 099-1. All six aldermen present voted aye. Motion carried. A public hearing and the second reading are scheduled for the next council meeting on February 2, 1999. Ordinance No. 099-2: An ordinance of the City of Laurel amending the standing committees of the City Council as appointed by the Mayor. (First Reading) Council Minutes of January 19, 1999 ORDINANCE NO. O99-2 AN ORDINANCE OF THE CITY OF LAUREL AMENDING THE STANDING COMMITTEES OF THE CITY COUNCIL AS APPOINTED BY THE MAYOR. Joe Leckie withdrew Ordinance No. 099-2 from the agenda for further review. i. Ordinance No. 099-3: An ordinance amending the ordinance governing encroachmerits. (First Reading) ORDINANCE NO. O99-3 AN ORDINANCE OF THE CITY OF LAUREL AMENDING THE ORDINANCE GOVERNING ENCROACHMENTS. Joe Leckie withdrew Ordinance No. 099-3 from the agenda for further review. j. Fire Department persormel matter. Mayor Rodgers stated that this involves a personnel matter, where the individual's right to privacy exceeds the public's right to know. The individual had not requested that the matter be public, so the council went into executive session to discuss the matter. The council recessed to a closed meeting in the city attorney's office at 7:48 p.m. The council returned to the Council Chambers at 8:07 to continue the council meeting. Resolution No. R99-1: Collection of annual service fee for all water users, pursuant to the Public Water Supply Program. RESOLUTION NO. R99-1 COLLECTION OF ANNUAL SERVICE FEE FOR ALL WATER USERS, PURSUANT TO THE PUBLIC WATER SUPPLY PROGRAM. Motion by Alderman Johnson to approve Resolution No. R99-1, seconded by Alderman Kroll. Bud Johnson separated the item off the consent agenda so that Joe Leckie's explanation of the CI-75 implications of this resolution cotrid be explained to the council and included in the minutes. Joe explained that MCA 75.6.108 specifically allows a nmnicipality to collect a $2.00 annual fee, effective since 1993. The City of Laurel has charged this fee on an annual basis since that time. We are not increasing our rates or implementing a new charge. This resolution will allocate and collect the $2.00 fee and the State of Montana will collect the $2.00 fee from the city. The statute allows the city to collect $2.25 on new service connections, but that has not been done in the past. If we started to do so now, it would be a violation of CI-75. This previously set $2.00 fee is no different than the previously set water rates that are charged, and does not require a public vote to continue it. The important aspects are that the city is specifically empowered to collect the $2.00 fee and that it has been collected consistently in the past. Following the discussion, a vote was taken on the motion to approve Resolution No. R99-1. Motion carded 6-0. UNSCHEDULED MATTERS: Bud Johnson asked Joe Leckie to prepare a resolution regarding the civil liability of elected and appointed officials in the City of Laurel. This will be on the February 2, 1999, agenda. Joe Leckie has requested copies of the encroachment ordinances that have been adopted by several communities. He will review those and revise the encroachment ordinance for the city. Mayor Rodgers explained that some rewording is being done on the ordinance regarding the standing committees. Council Minutes of January 19, 1999 There being no further business to come before the council at this time, the meeting was adjourned at 8:18 p.m. Cindy Allen, "~cretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 2nd day of February, 1999. Attest: Donald L. Hackmann, Clerk-Treasurer