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HomeMy WebLinkAboutCity Council Minutes 04.20.1982 Minutes of the City Council of Laurel April 20, 1982 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 Albert Ehrlick at 7:04 p.m., on April 20, 1982. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bill Brennan Marvin Carter Susan Carter Duane Behm Rob Harris Donald Meyers Bob Gauthier COUNCIL MEMBERS ABSENT: none MINUTES: Motion by Alderman Behm to approve the minutes of the regular meeting of April 6, 1982, as presented, seconded by Alderman Meyers. Carried. Motion by Alderman Behm to approve the minutes of the special meeting of April 1, 1982, seconded by Alderman Kellogg. Carried. CORRESPONDENCE: Received a letter from Yellowstone County Commissioners regarding leasing of the Laurel jail and/or a portion thereof by Yellowstone County. Mike Bloom reported that he had met with Mr. Swope today and discussed financing etc. Mike thought the best way for us to go would be to lease the facility for a fee and let the County operate the jail, which would include staffing, food, booking, etc. the first year. Discussion. This was turned over to The figure mentioned was $1,000.00 a month for the Police Committee for review. Motion by Alderman Kellogg to hold a special meeting on April 28th regarding the leasing of the Laurel jail facility to Yellowstone County, seconded by Alderman Brennan. Carried. Received the minutes of March 9, 1982, and the March activity report from the Yellowstone County Air Pollution Control Board. Received a letter from District "D" of the Montana Municipal Clerks, Treasurers and Finance Officers Association~ inviting the Mayor and Council- members to a meeting in Billings on April 30, 1982, at 10:00 a.m., at the S-Ouire Restaurant. The topic will be Block Grant Programs for smaller cities and towns. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's Financial Statements for the month of March were presented for r~iew and approval. Motion by Alderman Meyer~ to approve the City Clerk's and City Treasurer's Financial Statements as presented, seconded by Alderwoman Carter. Carried. The City Treasurer, Peg Kamerzel, reported that we currently have 11 SIDs and that all special assessments are supposed to be paid in the first half taxes. As of this date only 61% of the 1981 assessments have been paid. Discussion. ORDINANCES REGARDING CITY ENGINEER~ MAINTENANCE DIRECTOR~ AND DIRECTOR OF PUBLIC WORKS: ORDINANCE NO. 703 (first reading) BEING AN ORDINANCE AMENDING SECTION 2.08.090 OF THE LAUREL MUNICIPAL CODE DESCRIBING THE DUTIES OF THE CITY ENGINEER. page 2 Minutes of the City Council of Laurel Discussion. Motion by Alderman Meyers that Ordinance No. 703 be passed and adopted, seconded by Alderman Brennan. Upon a roll call vote all members present voted, "Yes." Motion carried on first reading. ORDINANCE NO. 704 (first reading) BEING AN ORDINANCE REPEALING THE ESTABLISHMENT OF THE OFFICE OF CITY MAINTENANCE DIRECTOR. Motion by Alderman Behm that Ordinance No. 704 be passed and adopted, seconded by Alderman Gauthier. Upon taking a roll call vote all members present voted, "Yes," except Alderwoman Sue Carter and Alderman Kellogg who voted, "No." Motion passed on first reading 6--2. ORDINANCE NO. 705 (first reading) BEING AN ORDINANCE ESTABLISHING THE CITY OFFICE OF DIRECTOR OF PUBLIC WORKS. Motion by Alderman Meyers that Ordinance No. 705 be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote all members present voted, "Yes," except Alderwoman Sue Carter and Alderman Kellogg who voted, "No." Motion passed on first reading 6--2. ORDINANCE NO. 706 (first reading) BEING AN ORDINANCE DEFINING THE DUTIES OF THE DIRECTOR OF PUBLIC WORKS AND ESTABLISHING PREREQUISITES THEREFORE. Motion by Alderman Brennan that Ordinance No. 706 be passed and adopted, seconded by Alderman Meyers. Discussion. Upon taking a roll call vote all members present voted, "Yes," except Alderwoman Sue Carter and Alderman Kellogg who voted, "No." Motion passed on first reading 6--2. ORDINANCE NO. 70? (first reading) BEING AN ORDINANCE AMENDING SECTION 8.16.010 TO PROVIDE THAT THE DIRECTOB OF PUBLIC WORKS SHALL BE IN CHARGE OF THE SANITARY LANDFILL DUMP. Motion by Alderman Meyers that Ordinance No. 70? be passed and adopted, seconded by Alderman Behm. Upon taking a roll call vote all members present voted, "Yes," except Alderman Kellogg who voted, "No." Motion passed on first reading ?--1. CHIP Co WATTS - BUSINESS LICENSE: At the City Council meeting on April 6, 1982, the request Dot a City license was referred to the City-County Planning Board for review of a home occupation designation. The City-County Planning Board at their meeting on April 8, 1982, recommended to the Laurel City Council that the petition for a home occupation designation be granted. Discussion. Motion by Alderman Meyers to accept the City-County Planning Board's recommendation and to issue the business license with the approval of the License Committee, seconded by Alderman Kellogg. Carried. page 3 Minutes of the City Council of Laurel DAVE GAUSLOW - FIRE DISTRICT NO. 7: Davelreported that the Fire Committee met with the trustees of Fire District No. 7 and came to an agreement of $15,000 for the year 1982-83. The reason for the increase over last year $i,875) was due to inflation and some area was added to the district. Discussion. Motion by Alderman Behm that we agree to the agreement with Fire District No. 7 on the $15,000 fee, but we should inform them that if they expand the district to include individual homes within the next year they should be assessed from day one on a pro-rated basis, seconded by Alderman Brennan. Discussion. Alderman Brennan withdrew his "second" to the previous motion. Alderman Behm withdrew the previous motion. RESOLUTION NO. 1906 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 7, SAID AGREEMENT RELATING TO PROVIDING FIRE PROTECTION TO SAID DISTRICT. Motion by Alderman Behm that Resolution No. 1906 be passed and adopted, seconded by Alderman Brennan. Carried. Motion by Alderman Behm to direct the Director of Fire District No. 7 that if they are approached by new people wanting to come into the district, that they let them in on a yearly basis (contract year), seconded by Alderman Kellogg. Discussion. Question called. Motion carried. FLOYD RIMERT - PARKING COMMITTEE: Mr. Rimert reported that the committee wants all the signs that are now on the Montana Power light poles reinstalled on other poles when the new light district is installed, and to maintain the two-hour parking as it is now. Dave Michael reported further that when the new lighting district is put in we can no longer use Montana Power poles to put our street signs on. There are approximately 125 poles which will have to be installed at a cost of about $2,000.00 so that we can put our current street signs back up. Discussion. Mike Bloom commented that during this period of time of taking signs down and putting them back up, that there will be some enforcement problems. There probably will be a lot of warnings issued and very few citations until all the signs are up, because the courts will just throw them out anyway. More discussion regarding traffic signs. Motion by Aiderman Kellogg to enter into the record the Parking Committee minutes of April 8, 1982, seconded by Alderman Brennan. Carried. JOE BRADLEY - GARBAGE CONTAINERS: I wanted to report on the progress of the City's claim against Michael Bruce Johnson whom we have complained against for driving through the alleys and hitting garbage cans. The City was able to recover $5,960 from his insurance company. We will also recover about $600 more from Mr. Johnson himself because I am holding the particular charges page * Minutes of the City Council of Laurel against him in abeyance until he can present some kind of plan for reimbursing the City for expenses the insurance company wouldn't oover. Discussion~ KEN TOLLIVER - VILLAGE SUBDIVISION: The reason we are here tonight is for a housekeeping matter. We need to file a notice with the State Department of Health and Environmental Sciences so that they can properly catagorize this particular project in their review process. From its inception the project has been characterized as Qne that will ultimately use City services as opposed to a project that would create its own services. Also, ~the project has been characterized as one that is within a zoning district and one that is within the City-County Planning area. Now we need to notify the Department of Health and Environmental Soiences that the set of plans that they are going to get to review will be within a planning and zoning area.and that the approval of the project will be subject to its use of City water and sewer services. Discussion. RESOLUTION NO. 1905 AUTHORIZATION TO RELEASE INFORMATION TO THE MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES CONCERNING PROPOSED UTILITY SERVICES TO VILLAGE SUBDIVISION, AS AN ADDITION TO THE CITY OF LAUREL. Motion by Alderman Behm that Resolution No. 1905 be passed and adopted, seoonde~' by Alderman 'B'r~n~an. Carried. KEN TOL.LI~E.R - VI~.L.AGE ~UBDIVISION: Requested that we discuss the question of the sewer tap charge. We have looked at the resolution (No. 1628) and have talked to some people that have been around and explained to us the origin of the resolution. What had happened is the City had extended, at its expense, the trunk water line with the thought that it could recover the cost of that extension through the water charge. Apparently discovered they could not recover this charge so th~promulgated an ordinance regarding to sewer taps in an effort to recover the cost that the City had advanced on this particular water line. I would point out that in our project the developer is furnishing all of the construction line involved which in rough figures is about $116,000. These facilities will be available to the City and will be owned by the City after completion and any time subsequent when a homeowner connects to any of these facilities the City would be in a legitimate position to assess a fee to that person. If you use the practice that other communities use these revenues wii1 go into the general fund as opposed to reimbursin& She ; SID. Alderman Meyers said that the reason.the sewer hookup fee was set up for in the first place was for the added influx to the plant. That was put there so that when we expand, we don't have to go back to the taxpayers who have already paid for it. That's what the $500.00 hookup fee was on there for. Mr. Tolliver commented that some of the people that he visited with indicated that the motivating factor behind the ordinance was to recover the cost of this particular water line. page S Minutes of the City Council of Laurel Alderman Meyers said there was no water line involved, I was on the Committee that set it up. It was set up to take the burden off the rest of the taxpayers of anything they had to do like right now with what we have coming up with the sewage plant. Mr. Tolliver said the other point I want to present to you, I think we have already expressed what we feel the certain construction of the ordinance would do in terms of the project. In looking at a way to approach it on a practical basis, on a workable basis. It occurred to me that the way the ordinance is drafted it provides for two schedules of fees. If we continue this project from the financing standpoint as a mobile home park we understand that our commercial hookup fee would have been in the neighborhood of $7,000 or $8,000, and that fee would have to be paid at the time the tap is made to the main line. That is a manageable expenditure for the project. We would ask the council to consider that the project we are currently involved in is really more like a mobile home park than it is like a stick buiit subdivision. If it were the council's will to treat this project in that manner, it's my opinion, and of course Mr. Bradley would have to advise you, that it would be a legitimate classification for the council to make, to treat both types of mobile home projects in an equal manner. Because our competition in the market place will be mobile home parks and mobile home subdivisions and not full scale residential subdivisions. We did check on what other municipalities do and the data we got there is where the developer furnishes all of the facility usually a nominal hookup fee is charged. For example the City of Billings where the developer furnishes all of the line for extending the service the fee is $30. In contrast where a developer hooks up to an existing facility paid for by others the fee is usually much larger than that. Billings uses a formula and the fee is in the range of $500 to $600. The ultimate decision is clearly within the power of the council, and all we can say is that we believe it would be fair for the council to consider a mobile home park, whether it would be financed in one manner or another~ on an equal footing and charge the commercial tap fee. Alderman Meyers asked what it would come to, seventy some thousand dollars? Mr. Tolliver replied that if you charged the residential hookup fee per unit, it would come to zero, because the project would then be evicted. Discussion regarding the total cost of the project. Alderman Meyers said if we let you people by on this, we will have other people coming back on us. Discussion regarding costs of water, sewer, streets, and amount for the revolving fund. Discussion regarding other people who have paid this hookup fee. Discussion regarding residential and commercial hookups. Discussion regarding 10-inch, 8-inch and a looped water line. More discussion. Motion by Alderman Marvin Carter to take this discussion under advisement and continue it at a later date~ seconded by Alderman Gauthier. Carried. page 6 Minutes of the City Council of Laurel ALDERMAN MARVIN CARTER - GARBAGE ORDINANCES: Mr. Carter presented ordinances regarding demolition fees, spot trucks, and out of city resident garbage fees. Discussion. ORDINANCE NO. 708 (first reading) AMENDING THE LAUREL MUNICIPAL CODE, CHAPTER 8.12.058, DEMOLITION FEES. Motion by Alderman Marvin Carter that Ordinance No. 708 be adopted, seconded by Alderman Meyers. Upon taking a roll call vote present voted, "Yes." Motion carried -First reading. ORDINANCE NO. 709 (first reading) AMENDING THE LAUREL MUNICIPAL CODE, CHAPTER 8.12.065, SPOT TRUCKS FOR RESIDENTIAL USE. Discussion. Motion by Alderman Marvin Carter that Ordinance No. 709 be adopted, seconded by Alderman Brennan. Upon taking a roll call present voted, "Yes." Motion carried -:first reading. ORDINANCE NO. 710 (first reading) passed and all aldermen passed and vote all aldermen AMENDING THE LAUREL MUNICIPAL CODE, CHAPTER 8.16.020, OUT OF CITY RESIDENTS GARBAGE FEES. Discussion. Motion by Alderman Marvin Carter that Ordinance No. 710 be passed and adopted, seconded by Alderman Meyers. Upon taking a roll call vote ali aldermen present voted, "Yes." Motion carried first reading. DON MEYERS - PARK & RECREATION COMMITTEE: Mr. Meyers presented the committee minutes of April 15, 1982. Discussion. Motion by Alderman Me ers to enter into the record the Parks & Recreation Committee meeting of April 15, 1982, seconded by Alderman Behm. Carried. BILL BRENNAN - LICENSE COMMITTEE: Mr. Brennan presented the committee minutes of April 19, 1982. Discussion. Motion b~ Alderman Kellog~ to enter into the record the License Committee minutes of April 19, 19~, seconded by Alderman Meyers. Carried. DUANE BEHM - BUDGET/FINANCE COMMITTEE: Mr. Behm presented the committee minutes of April 1--6-, 1982. Claim by George M. Merchen. The committee wants a letter from the insurance company stating that the City is liable, but it is less than the deductible; therefore, it would be up to the City to pay the claim. The City did receive a note from Williams Agency dated 3/23/82 (see minutes of April 6, 1982); however, the committee would like a letter from the insurance company. Discussion. Motion by Alderman Marvin Carter to accept the committee!s recommendation, seconded by Alderman Kellogg. Carried with Alderman Brennan voting, "No." page 7 Minutes of the City CoUncil of Laurel Claim by Western Finishers for sidewalk at the Judy Freeman residence. Discussion. Motion by Alderman Carter that a letter be written to Judy Freeman giving her the option of putting it on the taxes or pay the bill herself, seconded by Alderwoman Sue Carter. Discussion. Alderwoman Sue Carter withdrew her second to the motion. Alderman Marvin Carter withdrew the original motion. Motion by Alderman Marvin Carter that Joe Bradley, the City Attorney, write a letter to Judy Freeman and see if he can get this straightened out, seconded by Alderman Kellogg. Carried. Claim by Dr. Pfaff for broken windows. Discussion. This was referred to the Budget/Finance Committee. JOE BRADLEY - LAUREL, THIRD CLASS CITY: Mr. Bradley presented a resolution for Laurel to remain a Third Class City, pursuant to MCA 7-1-4112. RESOLUTION NO. 1906 THE CITY OF LAUREL, MONTANA, HEREBY ELECTS TO BE AND REMAIN A CITY OF THE THIRD CLASS. Motion by Alderman Kellogg that Resolution No. 1906 be passed and adopted, seconded by Alderman Meyers. Carried. MAYOR'S COMMENTS: Reminded the Council of a Special Meeting on April 28th regarding a hearing on Resolution of Intention to Annex Highway. The Mayor called for a closed meeting to discuss contract negotiations immediately after this meeting tonight. DAVE MICHAEL - STOP SIGNS: Wanted to know if]the Council had any comments regarding a letter from Mike Bloom about stop signs at 8th Avenue and 6th Street. Discussion. Motion by Alderwoman Sue Carter that this be referred to the Street and Alley Committee, seconded by Alderman Kellogg. Carried. DAVE MICHAEL - SID 106: Reported that we have a semi-final claim from Long Construction on SID 106. The total estimate on the bid has been exceeded by $10,344.21. We need a change order before we can pay this. This is work that Curt McKenzie has authorized beyond the present contract price. Discussion. This was referred to the Street and Alley Committee. There being no further business ~---~e before the Council at this time, the meeting was adjourned at 9:48 p.m~ ] A- Donald L. Hackmann, City Clerk Approved by the Mayor and passed Laurel, Montana, this 4th day of May, ATTEST: by the City Council of the City of 1982.