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HomeMy WebLinkAboutCity Council Minutes 02.03.1998Minutes of the City Council of Laurel February 3, 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 7:03 p.m., on February 3, 1998. COUNCIL MEMBERS PRESENT: Dirk Kroll Bud Johnson Norman Orr Gay Easton Gary Temple Ken Olson William Staudinger COUNCIL MEMBERS ABSENT: Miles Walton INVOCATION: Invocation was given by Alderman Johnson. MINUTES: Motion by Alderman Orr to approve the minutes of the regular meeting of January 20, 1998, as presented, seconded by Alderman Kroll. Motion by Alderman Temple to amend the minutes and future minutes to only read "motion carried" after a motion is voted on and to eliminate the vote count, 7--0, other than on a roll call vote, seconded by Alderman Staudinger. Motion carried. A vote was taken to approve the minutes of January 20, 1998 as amended. Motion carried. CORRESPONDENCE: Received a letter from Ed Thurner expressing an interest to serve on the City/County Planning Board. Received a letter from Gary Temple expressing an interest to serve on the City/County Planning Board. CLAIMS: Claims for the month of January were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderman Easton to approve the claims in the amount of $502,142.75 for the month of January, seconded by Alderman Johnson. Motion carried. WATER PIPE FROM WATER PLANT TO RIVERSIDE PARK: Larry McCann stated the Public $71,000.00 water pipe. It will the new bridge. Utilities Committee has approved the cost of the be heated for year round service and attached to Motion by Alderman Orr to accept the Public Utilities Committee recommendation to approve the water pipe from the water plant to Riverside Park, seconded by Alderman Staudinger. Alderman Kroll asked how the project will be funded? Don Hackmann stated it will be paid from the water fund. All users at the park will be metered. Larry stated that he has not received a report back from the Montana Rural Water Association on putting a water treatment in the park. He spoke with Jon Rutt, the Culligan representative and he can treat it with a reverse osmosis system, which would handle the equivalent of ten homes and would cost approximately $100,000.00. Larry said the four inch line would not do a lot for a fire fire department to set up a porta tank and at least have fires. but would help the a water supply for Joe Leckie stated the council's approval would allow the construction to take place. The cost of the project would go through a bidding process. If the construction of the water line is not done with the bridge project, cost could triple. the A vote was taken on the motion to accept the approve the construction of the water pipe Park. Motion carried. Public Utilities recommendation to from the water plant to Riverside Minutes of the City Council of Laurel Page 2 Council Meeting of February 3, 1998 COUNCIL PROCEDURES: ORDINANCE NO. 098-1 (first reading) IT IS HEREBY ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LAUREL, MONTANA, THAT THE LAUREL MUNICIPAL CODE IS HEREBY AMENDED. SECTION 2.08.140. Motion by Alderman Johnson that Ordinance No. 098-1 (first reading) be passed and adopted, seconded by Alderman Temple. A roll call vote was taken. Alderman Temple, Orr, Johnson, Kroll, Olson, Easton, and Staudinger voted aye. Motion carried. 7 ayes, 0 noes. COMP TIME FOR EXEMPT EMPLOYEES RESOLUTION NO. 098-2 ESTABLISHING RULES FOR THE ACCRUAL, ACCUMULATION AND USE OF COMPENSATORY TIME OFF WORK BY CERTAIN CITY OFFICIALS Motion by Alderman Kroll that Resolution No. 098-2 be passed and adopted, seconded by Alderman Staudinger. Motion carried. COMP TIME FOR NON-EXEMPT, NON-UNION EMPLOYEES: RESOLUTION NO. 098-3 ESTABLISHING A COMPENSATORY TIME OFF POLICY FOR NON-EXEMPT, NON-UNION EMPLOYEES ACCORDING TO THE 1985 AMENDMENTS OF THE FAIR LABOR STANDARDS ACT Motion by Alderman Kroll that Resolution No. 098-3 be passed and adopted, seconded by Alderman Johnson. Motion carried. JOB DESCRIPTION OF CITY COUNCIL SECRETARY: RESOLUTION NO. 098-4 ADOPTING THE JOB DESCRIPTION OF CITY COUNCIL SECRETARY Motion by Alderman Johnson that Resolution No. 098-4 be passed and adopted, seconded by Alderman Kroll. Motion carried. MAINTENANCE OF SOUTH POND: RESOLUTION NO. 098-5 BEING A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE LAUREL LIONS CLUB, SAID AGREEMENT RELATING TO MAINTENANCE OF FACILITIES AT SOUTH POND Motion by Alderman Orr that Resolution No. 098-5 be passed and adopted, seconded by Alderman Johnson. Cal Cumin asked if the city council is taking responsibility for all maintenance for this project? Alderman Johnson stated the resolution reads that it is therefore agreed that the Laurel Lions Club will be responsible for and will provide maintenance for such facilities at South Pond in compliance with the grantor's requirements. Cal asked if the Lions Club had signed any document saying they would take all responsibility for maintenance? This was not known. Ken Miller, representing the Lions Club, stated the club members would help on some of the maintenance such as spring cleanup or painting shelters, but they are not equipped or have the budget to pay for mowing, caring for sprinklers, pumping the rest rooms, etc. He feels the city should take responsibility for the full maintenance and then the Lions Club could sign a contract with the city as to the specific upkeep that they can handle. The Lions Club is not prepared to do the day to day maintenance. Ken Miller was asked if he had any conversations with Jim Flisrand regarding the maintenance? He stated no. He said Byron Guenthner represented the Lions Club Minutes of the City Council of Laurel Page 3 Council Meeting of February 3, 1998 Cal Cumin suggested that the city agree to do the rest room facilities, mowing, weed control, and the maintenance of the irrigation system. The Lions Club could take responsibility for any general upkeep. He said he would take the documents and re-do them for the Mayor's signature. He would like to get them to the state as soon as possible. Alderman Orr withdrew his motion that Resolution No. R98-5 be passed and adopted, and Alderman Johnson withdrew his second. Alderman Kroll asked where the resolution had come from? packet from Cal and the resolutions were put together projects. The agreement came in a based on previous CTEP Alderman Kroll suggested the Parks Committee look at this project. There may be a time in the future where the Lions Club cannot afford to do their portion of the maintenance. Motion by Alderman Johnson to postpone any action on Resolution No. R98-5, seconded by Alderman Staudinger. Motion carried. SIGNING DOCUMENTS FOR CTEP MAINTENANCE AGREEMENT: RESOLUTION NO. R98-6 BEING A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ALL APPROPRIATE DOCUMENTS FOR THE CTEP MAINTENANCE AGREEMENT Motion by Alderman Johnson that Resolution No. R98-6 be passed and adopted, seconded by Alderman Orr. Motion carried. SIGNING DOCUMENTS FOR CTEP - SOUTH POND LANDSCAPING: RESOLUTION NO. R98-7 BEING A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ALL APPROPRIATE DOCUMENTS FOR THE GENERAL PROJECT DEVELOPMENT AND CONSTRUCTION AGREEMENT TO DEVELOP AND CONSTRUCT A COMMUNITY TRANSPOR- TATION ENHANCEMENT PROGRAM (CTEP) PROJECT, STPE 69999(4), TITLE - SOUTH POND LANDSCAPING - LAUREL Motion by Alderman Kroll that Resolution No. R98-7 be passed and adopted, seconded by Alderman Staudinger. Motion carried. BUDGETARY AUTHORITY RESOLUTION FOR SOUTH POND PROJECT: RESOLUTION NO. R98-8 BUDGETARY AUTHORITY RESOLUTION Motion by Alderman Johnson that Resolution No. R98-8 be passed and adopted, seconded by Alderman Orr. Motion carried. Cal asked for clarification on the motion. Don Hackmann stated this project was not state law, when state or federal funds are budgeted for by passing a resolution. in the 1997-98 budget. According to received during the year they can be Cal Cumin stated the Lions Club is interested in splitting the bill with the city on the local matching of funds for the project. The city has committed $3,500.00 on the project with the total amount being $8,971.00. The county is asking if the city would consider splitting this amount with the Lion's Club, so each is paying $4,485.50. This will be put on the agenda for February 17, 1998. CABOOSE SALOON'S ENCROACHMENT PERMIT: Motion by Alderman Temple to approve the Caboose Saloon's encroachment permit on a one time fee basis, seconded by Alderman Staudinger. Alderman Easton stated the city has an ordinance regarding encroachment fees and this would be going against that ordinance. Page 4 Council Meeting of February 3, 1998 Minutes of the City Council of Laurel fee" as opposed to an annual fee, or would allow for certain permits to be a one time fee as opposed to an annual fee. Once the ordinance was amended, the permit would have to go through a permit process to qualify for an annual fee. Joe suggested the motion be withdrawn. He can write an amendment to the ordinance, but feels it should go through a committee. Alderman Temple withdrew his motion for a one time fee for the Caboose Saloon's encroachment permit, Alderman Staudinger withdrew his second. It was referred to the Street and Alley Committee on February 19, 1998 at 5:30 COMMITTEE REPORTS: --Budget/Finance Committee minutes of January 20, 1998 were presented. Motion by Alderman Johnson to enter the Budget/Finance Committee minutes of January 20, 1998, into the record, seconded by Alderman Orr. Motion carried. --City Council Committee of the Whole minutes of January 20, 1998 were presented. Motion by Alderman Easton to enter the City Council Committee of the Whole minutes of January 20, 1998, into the record, seconded by Alderman Kroll. Motion carried. --Park Committee minutes of January 22, 1998 were presented. Motion by Alderman Johnson to enter the Park Committee minutes of January 22, 1998, into the record, seconded by Alderman Orr. Motion carried. --Public Utilities Committee minutes of January 22, 1998 were presented. Motion by Alderman Orr to enter the Public Utilities Committee minutes of January 22, 1998, into the record, seconded by Alderman Johnson. Motion carried. COMMENTS FROM THE AUDIENCE: County - Parks Cal Cumin stated he had a call from the police reserves who are interested in developing the park on Alder and 7th. The park is in the county. The county has made it a policy that all parks which are in the Laurel planning area, especially next to the city~ should be administered by the City of Laurel. He referred the police reserves to the Park Committee. Cal then got a call from a person interested in developing the park into a soccer field. The person had been referred to the County Park Committee by the Laurel Park Committee. Cal said the park has been signed over to the public and Laurel is a public entity. He would like to see the City of Laurel handle the parks that are next to the city. He does not feel it is the city or county's responsibility to fix the parks up, but there are groups interested in fixing them up and the city could handle it. Chief Hovious stated that both organizations wish to use memorial funds to fix up the park. The park is not in the city, so he questioned how the Laurel Park Committee could have control over it. At some point in time, who will be responsible for the park if the organization decides they do not want it anymore, just like the subject of maintenance at South Pond. Alderman Easton stated that if the city handles the park and there is a need for water, then it would have to be annexed into the city. This would be another obligation to the city. He stated that the park is in an area that will be hard to maintain. Cal feels that if the local groups want to develop the park, they should be encouraged to do so. Alderman Temple suggested referring this back to the Park Committee. The Park Committee is looking for more clarification on who the park would belong to. Alderman Johnson summarized it as such, the county owns the land and has ultimate control but has passed control to the Park Committee. The city will then have control but not ownership. If someone wishes to develop it, it does Minutes of the City Council of Laurel Page 5 Council Meeting of February 3, 1998 chose who develops it and that is. about the only decision that the city can make. Mayor Rodgets referred this back to'the Park Committee. They are now aware who has the jurisdictional right to address the issue. Alderman Olson asked if the city would have an advantage by accepting this administration as compared to the county retaining the control of the park? Cal stated the advantage of retaining control is that when subdivisions dedicate or provide cash in lieu of park land in the Laurel area~ the money goes to Laurel instead of the County Park Board. The second advantage is that Laurel would be administering all issues, problems, or benefits and not the county. The Mayor clarified that the park is on Fir and East 8th Street. Moose Alderman Kroll stated the Caboose Saloon's moose is still in violation. This has been going on since April of 1997. It is hard to understand why this has taken so long to get resolved. There was a request last fall from a citizen to build a fence up to the sidewalk on his property. It was decided that it could not be done because it was on public right-of-way. Alderman Kroll feels the City Council needs to do something with the problem of the moose. There is an ordinance and Mr. Fink has been given every opportunity in the last year to come to the city and figure something out. It keeps taking another thirty or sixty days. Alderman Kroll is asking how much more time the city will give him? The ordinance has been followed and he was given thirty days. A letter was mailed on December 4th and thirty days later, January 4th, nothing was done. Alderman Kroll stated the city needs to enforce it and direct Joe to do something. Mayor Rodgers replied that Alderman Kroll should have pointed this out at the time the moose was discussed. There has been action taken to direct this to the Street and Alley Committee. Alderman Temple stated this needs to be resolved. Action will be taken through the Street and Alley Committee. RC & D Workshop Ken Olson mentioned the RC&D workshop in Columbus, workshop is on rural development. Marvin Carter is the February 7, 1998. The city's representative. APPOINTMENTS: Mayor Rodgers appointed Mark Mace, and Janet LaFountain to the Street and Alley Committee. Motion by Alderman Johnson to approve the appointments of Mark Mace, and Janet LaFountain to the Street and Alley Committee, seconded by Alderman Orr. Motion carried. Mayor Rodgets announced that according to the correspondence, two people were interested in the City/County Planning Board. Alderman Johnson stated two council members have served on the City/County Planning Board in the past. He feels this time it might serve well to go a different direction. He stated this is an opportunity to find someone with City/County Planning Board experience. Ed Thurner has served on the City/County Planning Board in Hardin and has for a long time been interest in becoming active and involved in the city. This would be a real asset to the board. Motion by Alderman Johnson to appoint Ed Thurner to the City/County Planning Board, seconded by Alderman Kroll. Alderman Easton asked Mayor Rodgers if this was his decision rather than the council's? Mayor Rodgers replied it is the council's decision. Joe Leckie stated there is an ordinance that reads the ultimate appointment is the council's. Two members are voted on by the council and they may be from the council. Three citizen members are to be appointed by the Mayor. Donna Kilpatrick's position is being vacated. Alderman Walton's position is for his term of office. Alderman Temple feels there are mixed opinions on whether it should be a council inherited position. He stated it would be good to have two citizens on the City/County Planning Board. Minutes of the City Council of Laurel Page 6 Council Meeting of February 3, 1998 on a planning board, he is aware of some of the things that are involved in doing that function. Alderman Johnson is asking to go a different direction rather than what has been normal. He knows it is no secret that some of the council members share concerns for some of the things that have taken place and some that have not taken place. There are no guarantees when an appointment is made, either way the decision is made. In this case, he is going back to the individual and feels there is interest and would be participation, which are important. Alderman Temple asked for clarification on if this is the time to nominate an individual? He does not feel the positions on the Planning Board are being filled more one way or the other but at the same time, those that are finishing their terms should realize that things should not be railroaded through, but done in a proper manner. If there are two citizens to take these spots, it would be better. Joe Leckie stated that a motion is on the floor for an appointment. The council needs to vote on it. If the vote failed to receive a majority, then there could be another motion. Alderman Staudinger said he would like to get citizens involved on the Planning Board. He feels the council members have a lot to do now. Joe Leckie clarified there are no set rules on how the council decides on an appointment. The reason the council has to vote on the appointment is because there was a motion and a second. If the council does not necessarily disagree with the appointment but may want the process to happen differently, they would then vote against the motion. If the motion fails, then they can propose another procedure for the process of the appointment. Alderman Johnson said then the question becomes whether they have a problem with the process or a problem with the person appointed. A vote was taken on the appointment of Ed Thurner. Motion carried. Ed Thurner is City Council representative to the City/County Planing Board. Mayor Rodgers asked if anyone is interested in serving on committees or knows of someone who is, to please let him know. MAYOR'S COMMENTS: Mayor Rodgers announced a City Council/County Commissioners planning meeting on Wednesday, February 25, 1998, at 6:00 p.m. He will find a place to hold the meeting. Items on the agenda are the Yellowstone County PIS matter, grant writing, city planning zoning, and animal control. Mayor Rodgets wants to know when Ward III and Ward I were going to have their meetings. There being no further business to come meeting was adjourned at 8:09 p.m. before the council at this time, the Donald L. Hackmann, Clerk-Treasurer Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 17th day of February, 1998. Donald L. Hackmann, Clerk-Treasurer C~rles Rod~iyor