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HomeMy WebLinkAboutCity Council Minutes 03.15.1983Minutes of the City Council of Laurel March 15, 1983 A regular meeting of the City CouDcil of the City of Laurel, Montana, was held in the Council Chambers and called at 7:00 p.m., On March 15, 1983. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Marvin Carter Duane Behm to order by Mayor Albert Ehrlick Bill Brennan Susan Carter Rob Harris Fred Feuerbacher,III Bob Gauthier COUNCIL MEMBERS ABSENT: None. INVOCATION: Invocation given by Reverend Ray Willis. MINUTES: Motion by Alderman Kellogg to approve the minutes of the regular meeting of March 1, 1983, and special meeting of March 2, 1983, as presented, seconded by Alderman Brennan. Carried. CORRESPONDENCE: The City was informed by Williams.Agency that the overall insurance premiums will increase about 10% next year. Some policies will have no increase; however, the liability policy will probably increase about 25% due to claims in 1982. Received the minutes of the Interlocal Cooperation Commission meeting of February 23, 1983. Received the minutes a~d the January activity report from the Air Pollution Control office. Received the 6-month report (7/1/82--12/31/82) from the Yellowstone City- County Health Department. Received a letter from Bonnie Killebrew resigning from the Air Pollution, Ambulance and License Committees. APPOINTMENT: The Mayor appointed L. D. Collins to the committees vacated by Bonnie Killebrew. Motion b.y Alderman Kellogg to confirm the appointment of L. D. Collins to the Air Pollution, Ambulance and License Committees, seconded by Alderman Harris. Carried 7--1 with Alderwoman Sue Carter voting, "NO." CITY CLERK and CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statement for February, 1983, was presented for review and approval. Motion by Alderman Behm to accept the City Clerk's and City Treasurer's financial statement as presented, seconded by Alderman Marvin Carter. Motion carried. PUBLIC HEARING--ZONE CHANGE RE©UESTED ON LOTS 1--12, BLOCK 5~ NUTTING BROTHERS SUBDIVISION (LESLIE H. & JOHN G. ZUCK): This being the time and place advertised, a public hearing was held. Proponents John Zuck stated that there is a dire need for a trailer court and that this is the best use for the land. We are requesting a zone change because of the high water'problems. The area is served by an existing 8" water main and sewer service~n ~he alley between Elm and Fir, and there is a possibility that the first block will have to be expanded or at least the first block will have to be brought up to an 8" line. What we are asking for is an additional 18--20 mobile homes. The land now is presently platted at R20,O00, so it would be an addition of approximately 6--8 families over what it is platted for now. We don't feel that this will overload the traffic situation. page 2 Minutes of the City Council of Laurel We took this to the Planning Board at their last meeting, and it was recommended to not pass. No specific reasons were given as to why. There were 16 people from the general public who attended this meeting. Eleven of these objected to the zone change, and it should be noted that only 5 property owners within a 300 foot distance, of the 42 notified by mail, objected~ which is 11.9% of the adjacent property owners. I have talked to the people who live within the 300 foot distance, and their main objection was the concern of overloading the sewers. We have re- solved that problem by not being on their line. Another objection was as long as we didn't unfairly burden the taxpayers they had no objection to the zone change. We don't plan to finance the expansion with SIDs, so it wouldn't be a burden on the taxpayer. Also, many of them were concerned about opening Elm Avenue. We are neutral on that. We are not advocating to open or close Elm Avenue. One of the main reasons we want to expand Sunhaven is so we can build a storage area for recreational vehicles, boats, and this type of thing. It will get them out of our present court so that we can clean it up. Discussion regarding storage area. Mr. Zuck mentioned that it will take possible 2 lots. Discussion regarding the.traffic in the area, fire hydrants, and possibly opening up Elm; however~ it was stated that the people living on Elm object to this. Mr. Zuck mentioned that they haven't gone to the engineering criteria yet, and these questions will have to be met at the proper time. The City Clerk read the notice which was published in the Laurel Outlook on February 23rd and March 2nd. Margie Gough, Cumin Associates~ stated that their recommendation~ and the staff recommendation was as a zone change request it does follow the Comprehensive Plan and it ~is well in the guidelines for an aoceptable zone in that area. There was, at the City-County Planning Board meeting of February 10, 1983, quite a group of people present, with a number of objections, which would come up later when the planned subdivision comes up before the Planning Board. But none the less there were a number of objections about increased traffic, streets, utilities, attractiveness, and the necessity for another court. Alderman Feuerbacher stated that in talking to the people in his Ward, the biggest objection is that they have gone through 3 or 4 owners already and it just keeps going downhill. Opponents The Clerk read and entered into the record two letters protesting the zone change, one from Mr. Fred Feuerbacher and another signed~by 54 residents who live in that area. Chip Watts commented having ordinances so that the trailer courts can be kept clean. Ed George lives about 3 blocks away and protests the zone change because the trailer court downgrades the neighborhood. Cai Cumins said that he would like to remind the Council that all the issues that we have heard, streets, drainage, etc., the Council, the City-County Plan- ning Board, the City of Laurel through the public hearing process will have an opportunity to address these items through the Subdivision and annexation pro- page3 Minutes of the City Council of Laurel visions already in the law. So as your planner I would like to mention the fact that you look at the issue of zoning here. All these other things, regula- tions, requirements, etc., can be addressed when this area goes to subdivision platting in the annexation process. Alderman Kellogg asked what issue can you deny the zone change if you can't use everything that has been presented? Cai Cumin answered by saying "incompatibility with the Comprehensive Zoning Program." More discussion regarding requirements, etc., which should be addressed at a later date. Alderman Carter said he doesn't look at this as an overload to the Graff School should this go through. The possible overload from Village Subdivision would probably be bused to the South School. He commented further that there are already trailer courts in the vicinity, and if we don't continue courts where they have already started, where are we going to put them? Discussion regarding the demand for more trailer courts and "housekeeping" standards. It was mentioned that ordinances on the books that apply to home- owners would apply also to trailer courts (lumber, cars, etc.). Randy Havens expressed a concern about sanitation, downgrading of the area and dogs, and having sufficient regulations to control these situations. Les Zuck mentioned that they have set up their own regulations for Sunhaven but it is something that you can't clear up overnight. John Zuck mentioned that they have spent $17,000 in repairs during the past 1½ years to Sunhaven Trailer Court and discussed further the regulations they have set up for the trailer court. Sandy Watts expressed a concern that the problems Which are occuring in the Fox Subdivision could also happen here if regulations ape not enforced. Randy Havens says it seems the.biggest concern here is having adequate controls and regulations, not the fact that mobile homes are going in here. John Zuck said that they intend to make this a nice court and an~n~ living in the court who does not abide by our regulations will be given a 30-day eviction notice. Joe Bradley stated that our best bet is to review our zoning ordinances and then on top of that we have our general nuisance ordinances that apply to every- body in town -- dogs, junk vehicles, accumulation of junk. Alderman Kellogg said that he feels we are skirting the issue by getting too far down the road. I think the issue at hand is whether we are going to grant a zone change or not. What we are going to do with a trailer court or mobile home site is irrevelant at this time. There being no further comments the public hearing was closed at this time. RESOLUTION NO. 1975 APPROVING THE ZONE DESIGNATION OF RESIDENTIAL MOBILE HOME (RMH) PARK FOR LOTS 1 THRU 12, BLOCK 5, NUTTING BROTHERS SUBDIVISION, IN YELLOWSTONE COUNTY, MONTANA, ADJACENT TO THE CITY OF LAUREL, MONTANA. Motion by Alderman Behm that Resolution No. 1975 be passed and adopted, seconded by Alderman Kellogg. Motion carried 8--0. page 4 Minutes of the City Council of Laurel ORDINANCE NO. 727 (second reading AMENDING SECTION 5.B6.030 BEER WHOLESALER FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Kellogg that Ordinance No. 727 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote, all aldermen present voted~ "YES." Motion carried 8--0. ORDINANCE NO. 728 (second reading') AMENDING SECTION 5.36.040 BEER RETAILER FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 728 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. 729 (second reading) AMENDING SECTION 5.36.050 BEER AND WINE RETAILERS FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Behm that Ordinance No. 729 be passed and adopted, seconded by Alderman Marvin Carter. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. 730 (second reading) AMENDING SECTION 5.36.060 ALL BEVERAGE RETAILER FEE OF THE LAUREL MUNICIPAL CODE. Motion by Alderwoman Sue Carter that Ordinance No. 730 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. ORDINANCE NO. 731 (second reading) AMENDING SECTION 17.96.010 SCHEDULE OF FEES OF THE LAUREL MUNICIPAL CODE. Motion by Alderman Brennan that Ordinance No. 731 be passed and adopted, seconded by Alderman Kellogg. Upon taking a roll call vote, all aldermen present voted, "YES." Motion carried 8--0. FIRE DISTRICT #7: A resolution was presented regarding an agreement for fiscal year 1983-84 in the amount of $15,500, an increase of $500 over last year. Discussion. RESOLUTION NO. 1976 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 7, SAID AGREE- MENT RELATING TO FIRE PROTECTION. Motion by Alderman Marvin Carter that Resolution No. 1976 be passed and adopted~ seconded by Alderman Behm. Motion carried 8--0. SKIP LE DUC - GARAGE AT SEWAGE DISPOSAL PLANT: Mr. Le Duc expressed an interest in salvaging the garage at the sewer plant. It was mentioned that this will probably go out for bid. This was referred to the Public Utilities Committee. page 5 Minutes of the City Council of Laurel AIRPORT AUTHORITY: John Hawley Smith said that the Airport Authority and HKM are recommending that the bid be accepted f~om Long Construction in the amount of $138,325.50 and Ace Eleotric in the amount of $51,245.10; and, in addition to that, since the bids came in so well, we would like to do the rest of the project. When we did our pre-applieation we had more things that we wanted to do, but we deleted them. So now we would like to apply for a modification in the amount of $9,424.50. Discussion. The bids will still have APPROVING A REQUEST BETWEEN THE CITY OF to be approved by FAA. REsoLuTION NO. 1977 FOR MODIFICATION OF AN AGREEMENT LAUREL AND THE FAA, SAID AGREE- MENT RELATING TO LAUREL AIRPORT. Motion by Alderman Kellogg that Resolution No. 1977 be passed and adopted, seconded by Alderman Brennan. Motion carried 8--0. Motion by Alderman Marvin Carter to award the construction bids to Long Construction Ce. for Schedule I and III in the amount of $138,325.50 and to Ace Electric for Schedule II, IV, and V in the amount of $51,245.10, seconded by Alderman Harris. Motion carried 8--0. COMMITTEE REPORTS: Bill Brennan distributed policy.manuals for.the police department to be reviewed by the council members and acted on at a later date. License Committee minutes of March 8, 1983, were presented and reviewed. Motion by Alderman Brennan to approve a business license for Richard L. Sampson dba Yellowstone Casino, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Brennan to approve a business license for Virginia Mitchell Gift and Yarn Shop, seconded by Alderman Feuerbacher, III. Motion carried 8--0. Ira B. Clark dba Soots You Chimney Sweep has applied for a business license, but after a brief discussion this was referred to the City-County Planning Board for review because it is a home occupation. Motion by Alderman Brennan to approve a business license for Craig Rech, electrical contractor, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Brennan to approve a business license for Willis Rexford dba Rexford Retail/ the Agra-center, seconded by Alderman Behm. Motion carried 8--0. Discussion regarding a business license for Jane Fischer and Lawrence De Naeyer. The City-County Planning Board recommended approval for a home occupation on both businesses. Motion by Alderman Kellogg to approve a business license and grant a home business variance for Jane Fischer dba Paperworks Bookkeeping Service and for Lawrence De Naeyer Solar Systems, seconded by Alderman Behm. Motion carried 6--2 with Aldermen Marvin Carter and Brennan voting, "NO." Motion by Alderman Brennan to accept and enter into the record the License Committee minutes of March 8, 1983, seconded by Alderman Behm. Motion carried 8--0. page 6 Minutes of the City Council of Laurel Discussion regarding several Laurel businesses that have not purchased a 1983 business license yet. Motion by Alderman Marvin Carter that all businesses who do not have a current business license by April 1, 1983, be prosecuted, seconded by Alderman Kellogg. It was mentioned that Peg Kamerzel has written them a letter and after further discussion Alderman Kellogg withdrew his second to the motion. The motion died for the lack of a second. Motion by Alderman Marvin Carter that all businesses who do not have a current business license be prosecuted according to Peg's letters, and if no date is mentioned in her letter then by April 1, 1983, seconded by Alderman Behm. Motion carried 8--0. Park Committee minutes of March 14, 1983, were presented and reviewed. Discussion regarding the purchase of playground equipment in the amount of $951. Since only $900 was budgeted, there will have to be a transfer made from another capital outlay line item in the general fund. Motion by Alderman Feuerbacher~ III to approve the purchase of $951 for playground equipmeut, seconded by Alderwoman Sue Carter. Motion carried 7--1 with Alderman Gauthier voting, "NO." Motion by Alderman Feuerbacher~ III to join the Montana Parks and Recrea- tion Association at a cost of $15, seconded by Alderwoman Sue Carter. Motion carried 8--0. Motion by Alderman Feuerbacher~ III to approve and enter into the record the Park Committee minutes of March 14, 1983, seconded by Alderman Marvin Carter. Motion carried 8--0. Public Utilities Committee minutes of March 8, 1983, were presented and reviewed. Motion by Alderman Kellogg to accept and approve the minutes of March 8, 1983, seconded by Alderman Harris. Motion carried 8--0. Fire Committee minutes of February 24, 1983, were presented and reviewed. Motion by Alderman Marvin Carter to accept and approve the minutes of February 24, 1983, seconded by Alderman Harris. Motion carried 8--0. Motion by Alderman Marvin Carter that Ken Olson be appointed to the Fire Committee, seconded by Alderman Harris. Motion carried 8--0. Garbage Committee minutes of February 28, 1983, were presented and reviewed. Discussion regarding the welding that has been done on the new packer. Discussion regarding the purchase of "wind rings" for ~he garbage containers. Motion by Alderman Marvin Carter to accept and approve the minutes of February 28, i983, seconded by Alderwoman Sue Carter. Upon a division of the house, Aldermen Brennan, Sue Carter, Kellogg, Harris and Marvin Carter voted, YES," and Aldermen Gauthier, Behm and Feuerbacher, III, voted, "NO." Motion carried~5--3. Alderwoman Sue Carter requested permission to leave the State. Motion by Alderman Marvin Carter to grant Sue Carter permission to leave the State, seconded by Alderman Harris. Motion carried 8--0.