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HomeMy WebLinkAboutCity Council Minutes 04.21.1998 MINIJTI S OF THE CITY COIJN(IL OF I IIJRI L April 21, 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 7:00 p.m., on April 21, 1998. COUNCIL MEMBERS PRESENT: Gary Temple Bud Johnson Ken Olson Miles Walton Gay Easton Dirk Kroll William Staudinger Norman Orr COUNCIL MEMBERS ABSENT: None MINUTE S: Motion by Alderman Easton to approve the minutes of the regular meeting of April 7, 1998, as presented, seconded by Alderman Johnson. Motion carried. Motion by Alderman Olson to approve the minutes of the special meeting of April 9, 1998, as presented, seconded by Alderman Orr. Motion carried. CONSENT ITEMS: a. Clerk/Treasurer's financial statements for month of March. b. Correspondence Landfill Users Summit Agenda Letter from Associated Food Stores, Inc. March Minutes/Activity Report from Yellowstone County Air Pollution Control Board Montana Department of Revenue Harry W. Kimbell - Proponent for Ricci's zone change The mayor asked if there was any separation of consent items? There was none. With no objection from the council, the consent items were approved. SCHEDULED MATTERS: a. Award digester sandblasting and coating bids. Larry McCann said that they are recommending Big Mountain of Kalispell to do the roof and Mooney Paint of Billings to do the interior coating. Mooney Paint gave us two bids, with the higher bid using a different brand of paint. They recommend staying with the same paint at the present time until some of these other paints prove themselves. Motion by Alderman Johnson to award the bid for the roof in the amount of $13,875.00 to Big Mountain Insulators, seconded by Alderman Kroll. Motion carried. Motion by Alderman Johnson to award the bid for the interior coating to Mooney Painting for the bid of $35,453, seconded by Alderman Staudinger. Motion carried. b. Debate and vote regarding zone change on old North School lot. Motion bv Aldennan Johnson to grant the zone change, seconded by Alderman Orr. Mayor Rodgers asked if there was any discussion. He stated that it would be a roll call vote, requiring six of the eight to pass. Alderman Walton stated that we have discussed this extensively over the last five to eight months. He commented that he thinks we have a good zoning plan and that we should stay within that zoning plan. Council Minutes of April 21, 1998 Alderman Johnson thanked all the people who took the time to respond and let him know their thoughts and feelings. He particularly wanted to thank those who took the time to call, as it takes courage to do so. In all of the calls he received, not one of them was in a manner that was anything less than straightforward and on a very upbeat level. He conunented on one thing that he heard during some of the discussion and that was with i'egard to the view. In thinking about that for quite awhile, his figures showed that it was about a 90,000 square foot lot. In the end if the building were built as it is being conceived at the moment, approximately 23,000 feet would be covered, which is approximately one quarter of the lot. Few projects that would fit up there, whether it is this one or any other one, would allow for that small amount of coverage and still fit the minimum amount that it takes to make a change. Changes that have taken place in regard to the plan since the idea started out have been quite extensive. There have been changes made to fit the neighborhood and provide pedestrian access. The contract will hopefully provide more control than would ordinarily be possible. He thought of that when he was driving south of the underpass and looked at the commercial building that had taken place on South First where buildings were put up and it was not even necessary to put in sidewalks and curbs. He thinks that this project has gone by that a considerable distance. He stated that, whether you agree with the contract or not, by the fact that the contract exists there is at least more control available than there would be in the case of no contract or if a residential or multi-family housing project would be built there. Our ability to control it would be much more difficult. He received a comment from a lady with a young family and an elderly mother who said that they would have access to walk to the store if it were built. One of the hardest and most difficult things to account for is the great impact that it has on the neighborhood. He said that there would be an impact whether or not the store is built. Alderman Easton stated that he has also received many calls and comments. This is one of the hardest decisions that he has had to make. He has been associated with the city for fifty years. Fifty years ago he lived and operated a business just south of this proposed site. At that time the city limits were there and there were no houses built north of their business. This was before the Catholic Church, before the swimming pool, and before Thomson Park was dedicated. There was only half of a park at that time. The water tower was still over where the swimming pool is and the biggest concern that he could see was the traffic. Traffic was an issue at that time and the state and county realized that. There was a dirt road all the way up to the cemetery. When the swimming pool issue came up, traffic was an issue again. He did not feel that the percentage of traffic was any more then than it is today. The pool and the baseball fields were built. About ten years later, building a new school was introduced. Once again, the traffic issue was brought up and people thought there would be a great increase in traffic. The state came in and improved the highway for heavy traffic. It does not have potholes and has been there for forty years. Traffic was one of his biggest concerns, but he stated that not everyone who is driving on First Avenue would be going to the grocery store. He does not think that there would be any more traffic if the store were built there. He also stated that he does not think there would be any greater endangermerit to children, As far as the problem for school buses, he feels that it could be resolved. He said that he has always been a good supporter of the downtown merchants and feels that the people in this town are wonderful people. He hates to make any decisions against anyone, but feels strongly for the merchants in the city. He stated that the store has a perfect right to ask for the zoning change, and that they are here to decide whether or not to grant it. Alderman Temple stated that he lives at 101 East Main, in the center of the downtown business district. He said that according to Mrs. Walker and Mrs. Baumgartner, his business is bad. According to Mr. Zuhowski of the Police Department, his business is bad. According to Jerry Shay of the Laurel City-County Planning Board, his business is bad. According to Charlie Fisher of Ace Electric and the Laurel City-County Planning Board, his business is bad. His business is not required to record or meet certain emission standards like Cenex, but his business is bad. His business is not run 24 hours a day and does not transport millions of tonnage through the community at all hours of the day, but his business is bad. We are being asked to vote no and vote non-union when the Food and Commercial Worker's Union Local 4, the Montana State AFL-CIO, the Tean~ster's Local 190, the Brotherhood of Locomotive Engineers Division 232, and the Laurel Chemical and County Worker's Union Local support the planned move of Ricci's. We are being asked to vote no when the taxable basis of this property will go from zero to $43,000. We are being asked to vote no when the purchase price of $100,000 wilI go to our school district. We are being asked to vote no when the Ricci's store will increase its employees by 20 in number, with an annual dollar amount including benefits of $817,960. We are being asked to vote no when the Ricci's store pays out to its local Laurel vendors alone presently $200,000 a year and that wilI increase dramatically. We are being asked to vote no when the Ricci's store will provide more products, better services and expand its facility. We are being asked to vote no when the present Ricci's site will be sold almost immediately because it will be one of the best locations in the central business Council Minutes of April 21, 1998 district, due to its size, lighting, parking and location. We are being asked to vote no when the old site of Ricci's will be occupied then by a business that will increase their sales, service and staff. We are being asked to vote no because we do not want business and tax dollars to stay in Laurel. This is not simply an application for progress by Vince and Debbie Ricci, but rather is an application by every business owner here in Laurel. What happens here tonight will touch every single business and our rights as business owners. There is a very common clich~ that everyone in business is cutting a wide swath, they are very prosperous and they have no worries. On the council right now, including the mayor, we have four out of nine who have had or currently have a business. Imagine that tomorrow you had no idea where your paycheck was to come from, how you would make payments and still smile at your customers. The worried look that you see on businessmen's faces shows a very common concern in their lives. They are not guaranteed a vacation, a bonus or hourly wage, or a set number of hours at work. It is their choice of occupation. No one in this room says that your occupation is bad, so why should it be said of them. Please do not allow a negative business climate to curb progress based upon bigotry or discrimination. Do not allow these individuals to coerce you. This is a positive move for the community of Laurel. Please vote in favor of Ricci's. Alderman Ken Olson stated that he had received calls for and against the rezoning. He said that the people were cordial, and that he respected their views and they respected his views. They held themselves very accountable and he appreciated the way people held their emotions. He brought up one issue that he felt was very unethical. He felt that Sunday morning services at your local place of faith should have been reserved from distribution of information about this issue. He was deeply depressed when he went outside and found papers about this issue put on car windows in a private church parking lot. He stated that this was just not right and does not think that this type of paperlaying is appropriate. He realizes that it is an issue of importance, but he did not think it should go to that degree. The decision for the council is predicated on a lot of factors, and one of them is that it will have an impact. People in his ward will feel this impact. If you take the area around the proposed site and take away the amount of land that is not residential, the difference is less than half of what it was before. This tells him that it is going into a predominantly residential area. He feels that this is something that needs to be watched. He has a deep commitment to try to bring the concerns of the people that he represents to the front, and this concern of the impact is true and valid. He stated that this must be taken into consideration when you make your vote. A roll call vote was taken on the motion to grant the zone change. Aldermen Johnson, Orr, Temple and Easton voted aye. Aldermen Wakon, Staudinger, Olson and KrolI voted no. The motion was defeated since there were not six affirmative votes from the council. Mayor Rodgers stated that this issue does have a fight to come back to the floor in one year. Public hearing regarding moratorium on any zone changes and zone change applications for or in Laurel's commercial zoning districts. Motion by Alderman Temple to table this matter, seconded by Alderman Easton. A roll call vote was taken. Aldermen Easton, Staudinger, Temple and Walton voted aye. Aldermen Kroll, Olson, Orr and Johnson voted no. Mayor Rodgers voted to table the matter until the next meeting. Motion carried. d. Resolution on 120-day moratorium on construction of wireless conm~unication tower. Alderman Temple said that he attended the meeting last Friday. The people drove down from Conrad, but Gary did not think that was necessary. It came down to a few basic rules of draftsmanship and common practice that basically any county clerk and recorder would request, and that is what Cal asked for. He said they had been convinced to comply. As this did not seem to be the discussion that was necessary, Cal Cumin stated that the resolution before them was whether or not to enact a 120-day moratorium on the location and application for cellular commercial wireless communication towers in the Laurel area. The Planning Board recommended this because Yellowstone County and the City of Billings are doing this. There was a concem that we might end up with more of this than we can handle. Since the council has asked the Planning Board to join together our ordinances as much as possible, it was recommended that we follow suit with Billings and wait until they come up with their regulations for reviewing, approving and disapproving these kind of towers in Laurel. Council Minutes of April 21, 1998 RESOLUTION NO. R98-14 RESOLUTION ON 120-DAY MORATORIUM ON CONSTRUCTION OF WIRELESS COMMUNICATION TOWER. Motion by Aldemmn Easton that Resolution No. R98-14 be passed and adopted, seconded by Alderman Johnson. Motion carried. e. Resolution authorizing the mayor to sign contract for the Laurel loop overlay project. Mayor Rodgers stated that R98-15 is an agreement contract relating to the loop overlay project with the state. This is from the interstate to the intersection at First and Main and to the east. This has to do mainly with the manhole covers and raising them and the water balance. Ken Olson asked Larry McCann if he saw any problems with this. Larry did not think so. He said that when the mayor signs it, the contract says that we abide by state traffic laws that require striping 20 to 30 feet back from intersections. Cars cannot park right on the edge of Main Street any more. The project includes widening of the sidewalk in Firemen's Park to make it handicapped accessible because of all the poles on that corner. Alderman Easton questioned whether the setback requirement is 30 feet. Mayor Rodgets said that he did not know the answer to that. He said that the state has removed some signs, put some of their signs up, and did all the striping and curb marking. Miles Walton had a question about the map. He saw a 30-foot section on the approach to a stop sign and signal at the intersection. He questioned whether or not this was the only place where there is a 30-foot setback. He said that everything else showed a 20-foot setback. The only 30-foot setback he saw was on the approach to a stop sign. Larry stated that it was correct. RESOLUTION NO. R98-15 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE STATE OF MONTANA, SAID AGREEMENT RELATING TO THE LAUREL OVERLAY PROJECT. Motion by Alderman Easton that Resolution No. R98-15 be passed and adopted, seconded by Alderman Temple. Motion carried. f. Confirmation of appointments: None g. Committee reports --Budget/Finance Committee minutes of April 7, 1998 were presented. Motion by Alderman Johnson to enter the Budget/Finance Committee minutes of April 7, 1998, into the record, seconded by Alderman Kroll. Motion carried. --Budget/Finance Committee minutes of April 15, 1998 were presented. Motion by Alderman Johnson to enter the Budget/Finance Cornmittee minutes of April 15, 1998, into the record, seconded by Alderman Kroll. Motion carried. --Budget/Finance Committee minutes of April 16, 1998 were presented. Motion by Alderman Johnson to enter the Budget/Finance Committee minutes of April 16, 1998, into the record, seconded by Alderman Orr. Motion carried. --City Council Committee of the Whole minutes of April 7, 1998 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of April 7, 1998, into the record, seconded by Alderman Staudinger. Motion carried. Council Minutes of April 21, 1998 --City-County Planning Board minutes of April 9, 1998 were presented. Motion by Alderman Walton to enter the. City-County Planning Board minutes of April 9, 1998, into the record, seconded by Alderman Orr. Motion carried. --Laurel Airport Authority minutes of March 24, 1998 were presented. Motion by Alderman Orr to enter the Laurel Airport Authority minutes of March'24, 1998, into the record, seconded by Alderman Walton. Motion carried. --Police Committee minutes of April 13, 1998 were presented. Motion by Alderman Olson to enter the Police Committee minutes of April 13, 1998, into the record, seconded by Alderman Staudinger. Motion carried. --Street and Alley minutes of April 16, 1998 were presented. Motion by Aldemmn Easton to enter the Street and Alley minutes of April 16, 1998, into the record, seconded by Alderman Temple. Motion carried. UNSCHEDULED MATTERS: None There being no further business to come before the council at this time, the meeting was adjourned at 7:41 p.m. Cindy All~ Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 5th day of May, 1998. Charles Rodgers, ~"~"" Donald L. Hackmann, Clerk-Treasm'er