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HomeMy WebLinkAboutCity Council Minutes 05.05.1998MINUTI S OF TIlE CITY COUNCIL OF LAURI L May 5, 1998 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 7:02 p.m. on May 5, 1998. COUNCIL MEMBERS PRESENT: Gary Temple Miles Walton Norman Orr Bud Johnson Dirk Kroll Ken Olson Gay Easton William Staudinger COUNCIL MEMBERS ABSENT: None MINUTES: Motion by Alderman Easton to approve the minutes of the regular meeting of April 21, 1998, as presented, seconded by Alderman Staudinger. Motion carried. CONSENT ITEMS: a. Claims for the month of April. Correspondence Shirley A. Gunnels Montana League of Cities and Towns Bruce Teeters Mayor Rodgers asked if there was any separation of consent items? There was none. Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Orr. Motion carried. SCHEDULED MATTERS: a. Kenna Raisle - March for Jesus - Morning Parade on May 30th. Not present b. Award/reject bids on water project. Motion by Alderman Johnson to award the water bids according to Dave Mosser's recommendation: Schedule I to Gray Construction in the amount of $708,405.00 and Schedule II to R. H. Grover in the amount of $2,867,902.00 minus the alternates with the contingencies that acceptable funding be received from the State Revolving Fund and that no negative information is found regarding the contractor. Seconded by Alderman Walton. Motion carried. Motion by Aldern~an Johnson to follow Dave Mosser's recommendation that $60,000 be set aside for the provision of the 18-inch material that he specified, seconded by Alderman Staudinger. Motion carried. c. Resolution to adopt job description of Code Enforcement Inspector. RESOLUTION NO. R98-16 A RESOLUTION ADOPTING THE JOB DESCRIPTION OF CODE ENFORCEMENT INSPECTOR. Motion by Alderman Easton that Resolution No. R98-16 be passed and adopted, seconded by Alderman Temple. Motion carried. Public hearing regarding moratorium on any zone changes and zone change applications for or in Laurel's commercial zoning districts. (Postponed on 4/21/98). Council Minutes of May 5, 1998 Motion by Alderman Johnson to take this matter off the table, seconded by Alderman Walton. Motion carried. Alderman Johnson said that the moratorium was originally thought of to address a small area and a specific zoning change within that small area. It has come to be perceived as a widespread type of movement concerning all types of zone changes. It was originally thought of to protect certain areas along First Avenue from the possible zone change that might have occurred. It has since been perceived as a persecution of those same people. It was originally conceived as a door of opportunity to provide some guidance for the planning in the area. It was actually perceived as a curtain for the council members to hide behind in voting in that regard. Motion by Alderman Johnson to cancel the public hearing, seconded by Alderman Olson. Motion carried. e. The following people wish to address the City Council. Mayor Rodgers stated that these people probably wanted to address the Council regarding the issue that has been discussed for a year. Mayor Rodgers set a time limit of approximately t~vo minutes per person for the twenty-four people listed on the agenda. The mayor asked those wishing to speak to stand at the podium and state their name and address. Darlene Enriquez, 309 Third Avenue, Ward I, addressed Aldermen Kroll, Walton, Olson and Staudinger because each of them voted to deny the Ricci's zone change. She did not feel that they voted in the best interest of Laurel, nor for the majority of people in their wards. She asked each of them to reconsider their decision and ask for a re-vote. She has taken the time to call and talk to many people from all the wards. Doing this further strengthened her stand that their decision to vote no was not what the majority of their ward wanted, nor was it for the betterment of Laurel. She is a co-chairman for the initiative campaign petition to override the vote of the City Council regarding the Ricci's zone change. A general election will allow the public as a whole to be the voice because the aldermen who voted no did not represent the people in their ward. Sharon Haney, 306 Fourth Avenue, thanked Aldermen Johnson, Orr, Easton and Temple for voting yes on the Ricci's zone change. She addressed those that voted against it, especially Dirk Kroll. She said that Alderman Kroll represents her district and she wanted him to know that he did not speak for her. She is 100% for this zone change. She says that it would bring in over $32,000 in taxes to Laurel and $8,183 for the Laurel School District per year. It would bring in $15,305 to the state education fund. A portion of $8,388 would go to the Laurel School District, and the remaining amount would go to Yellowstone County. She said that they are denying all of that from coming in to Laurel. We can think of the jobs that it would provide for teenagers, single mothers and other families. It would provide a store with an assortment of goods from which to choose without going to Billings to shop. She asked the councilmen to reconsider their votes. For the sake of time, the mayor asked that the applause be held to a minimum. Teresa Brohaugh, 310 First Avenue, said that she disagreed 100% with the vote that was taken on April 21 about the Ricci's store, She stated that she made about 153 calls to residents of Laurel. She said that she has not found one that is against this but that some people were quite mad about it. She talked to people from Wyoming who shop in Billings and then stop at Ricci's to buy their groceries on the way home. One person said that he gets $150 to $200 worth of groceries every other month from Ricci's store because he likes the people and the prices are cheaper than most other stores. We need to have a healthier business climate in Laurel. She said that stores in Laurel would bring in revenue for the schools, the Police Department and the Fire Department. She stated that we are going into the twentieth century and questioned why we don't grow with it. She said that we are getting stagnant and that people need to know that Laurel has a good business climate so that new businesses will be started here. Renee Studiner, 311 Third Avenue, addressed her alderman, Mr. Dirk Kxoll. Her family resides in Ward I and they feel that a no vote on the zone change represented only a minority of Ward I residents. She stated that he was elected to represent a majority of his constituents on matters pertaining to their neighborhood and the city. She said that he is currently a neighbor to the Ricci's store and should know better than anyone else on the council what an asset a neighborhood grocery Council Minutes of May 5, 1998 store is tO the community. She said that her family, his neighborhood and the 135 Ward I residents who signed the zone change petition strongly urged him to reconsider his no vote. Patrick Campbell, 220 Fourth Avenue, addressed the councilmen who voted against the Ricci's initiative for rezoning. He particularly addressed Mr. Dirk Kroll, his alderman. He owns his own business, has been a Laurel resident for three years, and expected Laurel to grow. He came from a small town and has seen what can happen when the individuals charged with supporting growth neglect that responsibility. He urged the councilmen to reconsider their vote on the rezoning. Ida Sunnarborg, 915 Eighth Avenue, addressed the councilmen who voted against the zoning change. She said that she recently returned from a trip to Missouri. When she was in the small towns, she observed that the grocery stores had a lot of houses around them. She recalled that when she was young, the "mom and pop" stores had houses around them, too. She has lived here seventeen years, and she feels sad that people say that Laurel will never progress. She said that if we want progress, we need to allow it to happen. She is thankful that the Riccis want to build a beautiful establishment in Laurel. She raised three boys who all earned their high school and college expenses by working in a grocery store. She noted that Ricci's does employ kids in their store. Since there is a beauty shop forty feet from her kitchen window, she knows what it is like to have a business establishment close to a home. She said that it has not been so bad even though UPS trucks and people are stopping them often. She feels that we need to look beyond our nose to get a wider picture of Laurel and think about our children and grandchildren. She recalled how the store looked before the Riccis bought it, and she commented on the improvements they have made. She said that we want progress in Laurel and we have to let it happen. Kathleen Baumgartner, 601 Second Avenue, thanked the council for the two minutes. She said that she was also speaking for Diana Walker and Michael Furman, who were unable to attend the meeting. She said that Mr. Dietrich would not be here, but that she did not speak for him. She thanked each alderman and said that she had no idea how many phone calls they had received for or against the issue. She believes that we need to trust our aldermen and their decisions because the majority of them put a lot of time and thought into their decisions. Gary Temple asked Mayor Rodgers if they could ask questions of the people. There was no response. Wayva Robison, 24 East Maryland, said that she works at Ricci's and loves Vince and Debbie very much. She was very upset by the council's decision concerning the new Ricci's store. She thinks those who voted against it did it for personal reasons and not in the best interest of the city. She questioned how they could turn down that amount of money for the city. She asked if they wanted Laurel to be a dying town and said that things have to change. She asked them to reverse their votes and go with the majority of the people. Michael Haney, 306 Fourth Avenue, said that he appreciates that we have a process where both sides of an issue can be heard. Although he is for the zoning change, he realizes that we do need to take time to listen to the opposition. But he said that ultimately we do have to listen to the majority because that is what makes this country great. He recently went through the permits and found 74 new housing permits, not including 1990. There were only eleven new building permits for commercial establishments, and most of those were in the late 1980's or early 1990's. He said that it is disproportionate and we are forcing our money to Billings, Montana. If you look at the opportunity cost of the issue before us, you see that we have lost not only the revenues to Billings, but also we have lost taxes and services to Billings. The city has one direction left for growth. The river and the refinery prevent going one way, so we only have one other way to go. When you drive down First Avenue, you see that there are only one or two blocks that are not occupied with some form of a commercial establishment. This means that all of us are going to be paying higher taxes, even though we would not need to be. The police officers will have to put up with an older Chevy Caprice, the Fire Department will have to use older equipment and our hardworking city employees will have less opportunity for a raise. Phyllis Bromgard, 216 Yellowstone, referred to the flag behind the councilmen that gives everyone a right. She thanked the four councilmen who voted in favor of the zoning change. She said that she has information that there are a lot of things that have come to town and have been turned down. She wanted to know why. When the Community Hope building went in on her side of town, they had someone there speaking. But that building went in anyway, and they do not have nearly the trouble they expected would happen because of it. They do not have the traffic that they expected. She commented that more kids could have a job if the Ricci's store were built. Also, two other Council Minutes of May 5, 1998 stores would open up in this town. We wonder why we all go to Billings and nobody supports Laurel. She questioned why we would want to stay here without a clothing store and possibly only one grocery store, if Ricci's decides to'leave. Why do we all go to Billings? She said that it is because there is nothing here for any of us. Georgia Shearer, 802 Washington Avenue, Ward 4, spoke on behalf of many people in her district that feel that it is time we made a change. Laurel needs to grow. We are not growing; we are stagnating. She remembered back when the post office was going to be built in town. There was opposition from many people~ but there were people backing it and the post office was built. People love it there and very few people complain. Evidently, the people that owned the property back then carried a little more weight than the people who are trying to get the property now, and that is why it is not going through. She has lived here almost 40 years, her husband lived here all his life, they have raised three children and they are proud of Laurel. But we need to grow. Laurel has nothing to offer and everybody goes to Billings. We want people to spend their money here, where we need it. She mentioned the traffic on First Avenue and asked if someone would go to Washington Avenue and observe the heavy traffic there when the schools let out. She thinks that the traffic is worse on Washington Avenue than on First Avenue. We need progress. She said that something is going to be built on that land, and it could be worse than a grocery store. She asked that the four aldermen who voted against it would reconsider their vote and give us a chance to grow in Laurel so that we do not become a bed and breakfast for Billings. Dan Sanders, 930 Third Avenue, Ward 2, is rapresented by Mr. Walton and Mr. Olson. He does not feel that the no vote fairly represented the community in which he lives. He asked that those who voted no seriously reconsider their vote. He is concerned about the zoning change and our community's future. Our community's future is for our children, the elderly, families and widows. Another area of concern is community attitude. We need to be positive so that we can grow and benefit our community. He feels that everything that has been discussed fits into the comprehensive program. He says that the design and architecture of the new store would be an asset to our community. He mentioned that the Ricci's store would bring $8,000 tax money to Laurel and $15,000 that would go to the school. If the city doesn't need the $8,000, it could go to the Girls and Boys Club, for lights on the south side, or to fix the swimming pool. He concluded by stressing that we have to be a part of the solution, not a part of the problem. We cannot be negative, we need to be positive and we need to work together so that we can grow as a community. Domra Kilpatrick, 814 First Avenue, commended the four aldermen who voted against the zone change. She thinks that they did have the best interests of the city in mind when they voted. Her concerns are for our park, the swinuning pool and our schools. She does not think this is the place for a retail operation. There are other places that it can go. She suggested that they stay with the vote that they made, thanked them and again commended them for their decision. Don Smarsh, 305 East Fourth Street, thanked the council for the opportunity to speak on behalf of the reconsideration of the zone change to the North School lot. He and his wife left Laurel in 1987 because of job opportunities, but they always felt that someday they would return. In 1993 they moved back to raise their family and open Dynamic Designs. However, they knew that they could not make a living in Laurel alone because there is not enough industry or population to support their type of business. They are fortunate to have a wholesale business that can be located in a small town and still sell to companies as far away as California. There was very little change in business growth during the years they were gone; in fact, he believes them is less due to the devastating fire in downtown Laurel. In this fire, Laurel lost some of its great landmarks and they can never be replaced. Not only did they provide great memories, but also they were the focal point of Laurel. When they were destroyed, we lost taxes, employment opportunities and the ability to keep hard- earned wages here in oar hometown businesses. This just gave people another mason to spend money in Billings. There are very few desirable locations for retail businesses to build to make it convenient to all segments of the population. Please reconsider this zone change and let's make Laurel grow. The Noah School lot is perfect because it makes life easier for a huge population of Laurel on this side of the railroad tracks. This zone change would create more jobs, provide more tax money, and keep more dollars in Laurel. It could possibly help the high school job market. He apologized for not stepping up until now. He stated that this is such a great opportunity for Laurel for now and long into the future. Bruce Teeters, 420 First Avenue South, read a letter that he had distributed to the council. The letter was included in the correspondence for the May 5, 1998 City Council meeting. Council Minutes of May 5, 1998 Louis Metzger, 601 West 8th Street, has been a resident of Laurel all his life, 37 years. He was very disappointed with the no vote on the Ricci's store. Louis and his wife also tried to put a business in this town, but he was told that he could not put it in because of traffic. There are two day care centers less than a half block away from his house. The traffic is in and out of there all day long. His wife's business would have had eight vehicles a day coming to her business. He thanked the council for denying them the opportunity to start their business here because they moved it to Billings and the business is booming. He thinks that it is time for the council to decide whether or not we want to grow and prosper in this town. He really wanted to put their business in this town, but was disappointed after trying to do so. He likes Laurel and the people in Laurel; but he and his wife both work in Billings. He thinks it is time to stop some of the Wyoming traffic that is coming through our town every day. He would love to work in Laurel, but he cannot afford to work in this town. He said that the Ricci's are trying to give high school students a chance to work in this town. He believes it is time to move forward and get this town going like it should be. Hazel Whited, 304 Cedar Avenue, is one of the senior citizens of Laurel. She has talked to a number of seniors about Ricci's new store and has not heard one word against it. Most say that we may have to vote on it. Look at the work that it would provide for people. Some say that they don't like the noise, but she has never heard any complaints about the noise and traffic jam around the swimming pool. Sometimes it is even hard to find a place to park at the post office. She thinks that we need two stores in our town because we need the competition. She is from the Absarokee and Columbus area and has relatives and friends who come to Billings to grocery shop. They say they can save money by going to Billings. She thinks that Ricci's has been more than kind to the folks in Laurel. She has seen their lot covered with motorhomes for special occasions and she believes it was all free. Doug Poehis, 119 Yellowstone, Ward I, basically read a letter that he had sent to the councilmen this week. He was very disappointed that they voted against the zone change. Laurel is a growing community regardless of what some people would like to see happen. First Avenue is a business thoroughfare and will continue to become more business oriented in the future. If he were living in the area of the North School lot, he would much rather see a responsible business owner like the Riccis put a quality grocery store on the lot than another apartment building, a mall, or a bus barn. As for the concerns of spot zoning, First Avenue is a business district from the ditch to the interstate. There are the medical center, an apartment building, recycling center, the high school, the baseball field, the swimming pool, the post office, Hansen's Health Center, the chiropractor and a real estate office. There are ten businesses before you even get to the downtown area. In many small towns, that would be considered the main downtown business district. The Riccis are proposing to provide Laurel with a quality, non-polluting business that wilt provide many more jobs for people in Laurel. These will be jobs that they do not have to drive twenty miles to get to. It would be much better than the Asphalt Supply Compmay on the south side that appeared without any input from surrounding neighborhoods. The council then did not stand up and make a decision that would better Laurel. We even suggested that they put it where another asphalt plant has now put in a very nice-looking quality operation. We are left with a shabby-looking, smelly and potentially hazardous business in our own local neighborhood. The Ricci's is not that, but would be quality grocery store like he has seen built in other areas. He asked them to please do the right thing this time and vote for Ricci's when they reconsider their vote. The following people were on the agenda but were not present: Renee Munyan, Manuel Enriquez, Diana Walker, Michael Furman, Nora Guuter, and David Dietrich. Approximately 80 people artended to show their support of the Ricci's zone change. Several people were there to voice their opposition. Alderman Temple asked Mayor Rodgers if it would be possible to take a short recess. Mayor Rodgers thanked all of those who came to the meeting, and he expressed appreciation for their comments and concerns for the City of Laurel. He announced a five-minute recess at 7:49 p.m. The meeting resumed at 7:54 p.m. COMMITTEE REPORTS: --Budget/Finance Committee minutes of April 21, 1998 were presented. Motion by Alderman Johnson to enter the Budget/Finance Committee minutes of April 21, 1998, into the record, seconded by Alderman Temple. Motion carried. Council Minutes of May 5, 1998 --Budget/Finance Committee minutes of May 4, 1998 were presented. Motion by Alderman Temple to enter the Budget/Finance Committee minutes of May 4, 1998, into the record, seconded by Alderman Johnson. Motion carried. --City Council Committee of the Whole minutes of April 21, 1998 were presented. Motion by Alderman Walton to enter the City Council Committee of the Whole minutes of April 21, 1998, into the record, seconded by Alderman Orr. Motion carried. --Fourth of july Committee minutes of April 8, 1998 were presented. Motion by Alderman Olson to enter the Fourth of July Committee minutes of April 8, 1998, into the record, seconded by Alderman Johnson. Motion carried. --Fourth of July Committee minutes of April 14, 1998 were presented. Motion by Alderman Olson to enter the Fourth of July Committee minutes of April 14, 1998, into the record, seconded by Alderman Staudinger. Alderman Olson asked the council to take notice of the motion in the middle of the first page of the Fourth of July Committee meeting minutes. There was discussion regarding participation fees for the Fourth of July activities for both profit and non-profit organizations. It was suggested that this be put on the May 19m agenda. A vote was taken on the motion to enter the Fourth of July Committee minutes of April 14, 1998. Motion carried. Motion by Alderman Orr to place the matter of participation fees on the May 19, 1998, agenda, seconded by Alderman Johnson. Motion carried. UNSCHEDULED MATTERS: Mayor Rodgets mentioned that May 11-15 is Aviation and Technology Week. There will be between 9,000 to 10,000 youth attending this event in Laurel. He encouraged all the council members to be involved and show their support. He praised Jack Bayne for his work on this event. Alderman Temple asked the council again to take a look around them. Mayor Rodgets asked if there were any other unscheduled matters. There being no further business to come before the council at this time, the meeting was adjourned at 8:00 p.m. Cindy Allen?~ecr;tary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19t" day of May, 1998. Charles Rodger~/fi~, Ma~yor t~'~' ' Donald L. Hackmann, Clerk-Treasurer