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HomeMy WebLinkAboutCity Council Minutes 05.20.1997Minutes of the City Council of Laurel May 20! 1997 held p.m., on Hay 20, 1997. COUNCIL MEMBERS PRESENT: Gay Easton Bud Johnson Norman Orr Dirk Kroll COUNCIL MEMBERS ABSENT: Miles Walton A regular meeting of the City Council of the City of Laurel, Montana, was in the Council Chambers and called to order by Mayor Chuck Rodgets at 7:03 Gary Temple Donna Kilpatrick William Staudinger INVOCATION: Invocation was given by Alderman Johnson. MINUTES: Motion by Alderman Kroll to approve the minutes of the regular meeting of May 6, 1997 as presented, seconded by Alderman Staudinger. Motion carried 7--0. CORRESPONDENCE: Received a letter from Cal Cumin, Planning Director, regarding annexation of Lots 12 and 13, Block 1, Ward Subdivision. Received a letter from the Montana Department of Commerce regarding the CDBG Grant. Received a letter from the Montana Department of Transportation regarding Buffalo Trail, north of Laurel. Received a memo from the Montana Local Government Energy office. Received a memo from the Montana League of Cities and Towns regarding the 1997 District meetings. Received a letter from the Montana League of Cities health insurance. Received a "Legislative Wrap Up" information letter from Cities and Towns. Received a letter from Ann Metcalf regarding the intersection of Main Street and 1st Avenue. Received a letter from the Montana Department of Yellowstone River Bridge, southeast of Laurel. Received correspondence from the Yellowstone Historic Preservation Board. and Towns regarding group the Montana League of traffic problem at the Transportation regarding doing a survey, regarding the concerns of a left turning lane on Main and 1st Avenue, at the underpass. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENT: Motion by Alderwoman Kilpatrick that the City Clerk's and City Treasurer's financial statements for the month of April, 1997, be approved, seconded by Alderman Orr. Motion carried 7--0. PAUL STROM - 1995-96 AUDIT REPORT: Paul Strom, representing Paul Strom and Associates, presented and reviewed the audit report for 1995-96. He stated Don Hackmann is doing an excellent job. Motion by Alderwoman Kilpatrick to adopt the 1995-96 audit report from Paul Strom and Associates, seconded by Alderman Orr. Motion carried 7--0. CITY OF BILLINGS - SOLID WASTE DISPOSAL: RESOLUTION NO. R97-17 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE CITY OF BILLINGS, SAID AGREEMENT RELATING TO SOLID WASTE DISPOSAL Mayor Rodgers reported that the Received the March minutes Board. and activity report from the Air Pollution Control State Highway Department indicated they would be Minutes of the City Council of Laurel Page 2 Council Meeting of May 20, 1997 YELLOWSTONE TREATMENT CENTER - FIRE PROTECTION: RESOLUTION NO, R97-18 A RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF LAUREL AND YELLOWSTONE TREATMENT CENTER, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Or~ that Resolution No. R97-18 be passed and adopted, seconded by Alderman Kroll. Motion carried 7--0. LAUREL AIRPORT AUTHORITY - FIRE PROTECTION: RESOLUTION NO. R97-19 A RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderwoman Kil~atrick that Resolution No. R97-19 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. FIRE DISTRICT NO. 7 - FIRE PROTECTION: RESOLUTION NO. R97-20 A RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. ?, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Johnson that Resolution No. R97-20 be passed and adopted, seconded by Alderman Staudinger. Motion carried 7--0. FIRE DISTRICT NO. 8 - FIRE PROTECTION: RESOLUTION NO. R97-21 A RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF LAUREL AND CARBON COUNTY FIRE DISTRICT NO. 8, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Orr that Resolution No. R9Y-2]. be passed and adopted, seconded by Alderman Kroll. Motion carried 7--0. Alderman Easton asked how many other fire districts have reported? Jim Stevens, Fire Chief, stated that Fire District #5 has agreed to sign a contract and that LUFSA has requested to have a meeting. CEMETERY COMMISSION - ESTABLISH RULES AND REGULATIONS: ORDINANCE NO. 097-3 (second reading) AN ORDINANCE PROVIDING THAT THE CEMETERY COMMISSION MAY ESTABLISH RULES AND REGULATIONS FOR THE CONTROL AND MANAGEMENT OF THE CEMETERY Public Hearing: No comments. Motion by Alderman Krol~ to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried ?--0. Motion by Alderman Kroll that Ordinance No. 097-3 (second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 7--0. COUNCIL ORDER TO REQUIRE CURB AND GUTTER: Council members were referred to the Street and Alley Committee minutes of April 22, 1997. It was the recommendation of the committee to require sidewalk, curb and gutter on the east side of the Caboose Saloon and the west side of 7th Minutes of the City Council of Laurel Page 3 Council Meeting of May 20, 1997 Alderman Johnson mentioned that the council had tried at different times to get in contact with the owner, Terry Fink, to discuss the issue with him. Terry Fink was present at the council meeting, and Alderman Johnson wanted to offer him the opportunity to be a part of the discussion with the council. Terry Fink said the parking at the Caboose had to have been approved twenty-two years ago and feels that the council should not take parking spaces away from him. He said the motel has the right to have curb and gutter along the east side of 7th Avenue and that would be no problem. He will not allow the city to require curb and gutter on the west side of 7th Avenue next to his business. He said he has not talked to an attorney yet, but wjll fight to save his parking. He feels the parking must have originally been there, when the building was built. He noted there is an ordj. nance now that a business has to have so many parking spaces and yet parking will be taken away from his business, He does not know if the city is requiring curb and gutter in retaliation for the moose. He pointed out there is sidewalk, curb, and gutter all the way around the moose, which he feels is on his property and the city only has the right-of-way. He asked who pays the taxes on the land? Terry was told that, in this case, it is a public right-of-way and there are no taxes. Jim Flisrand said he has no information from the past regarding how the current parking became started. Terry asked if there was a twenty foot right-of-way up 7th Avenue? Why is the twenty foot right-of-way only on his half of the block? Jim stated the public right-of-way is consistent up 7th Avenue, but is not twenty feet. He said the majority of the parking against Terry's building is on his property, but the public right-of-way does cut through a portion of it. Terry replied the right-of-way can be used as long as it is not built on. Jim said the right-of-way is approximately where the front legs of the moose are. Terry stated the argument was whether he should get an encroachment permit. There is no argument of obstruction of view, only whether the moose is considered landscaping or something built on public right-of-way. Alderman Johnson replied the encroachment permit was only one of the solutions to the issue of the moose. Terry said an encroachment permit would not eliminate anything. The moose could be taken out faster than a tree can be taken out. The city is now requiring curb and gutter and he will wait to see what the city does, then he will do what he has to in orderto save his parking. Alderman Johnson asked Terry why he continued placing the moose in its location when he found out it may be a problem? Terry replied that Jim did say he was building on public right-of-way. He thought there was a four foot right-of-way, as there is in the front, however, Jim told him there is a twenty foot right-of-way. Terry said he felt he could place the moose there because he considered it landscaping. Jim had said he would check and see if there would be a problem. Terry explained he already had the crane there lowering the moose and could not stop at that point, If he has to move the moose, he will get the crane back and it can be taken out in ten minutes. He cannot understand why there is a twenty foot right-of-way for just half of a block. Alderman Johnson said it was difficult at times when the council tried to get together with him and discuss the issue. Terry stated there was only one time and then he had prior commitments. Alderman Temple stated it is his personal feeling that the city should not sensationalize Terry's efforts1 because they are really commendable. He feels that maybe the city goes too far with the liability issue. It is a proven fact that people can attempt to sue without any justification or cause. He feels the discussion should be limited, tabled, and maybe meet again with Terry. He is not in favor of requiring curb and gutter and feels [here should be a little give and take to promote beautification. Alderman Orr agreed with Alderman Temple's statement. He also feels what Terry is doing is wonderful. He cannot see making him put in curb and ~utter. The Page 4 Council Meeting of May 20, 1997 Minutes of the City Council of Laurel parking spaces if curb and gutter is put in. Then, will he be charged because he does not have enough parking spaces? Alderman Staudinger questioned, if there was a hollywood curb, parking could still be horizontal. He expressed that he is for beautification and has no objection, except for the concern of public right-of-way. Terry said what good will a little larger hump do? There is already a gutter, which is a concrete slab leading to the end of 7th Avenue. The water drains fine until it reaches the city lot, where it creates a puddle. The city can dig it out to eliminate the problem. Alderman Easton referred to the city ordinance that requires curb and gutter, which controls parallel parking. He asked, if the city does not follow the ordinance, is there any jurisdiction over what happens in this area in case of a violation? Joe Leckie replied, no, not in the case of a traffic violation. Alderman Temple said there may be room for changes. He does not see why the city has to go with an ordinance for the whole business district without looking at individual circumstances. Alderman Johnson said one of the most important things that he can see! is to schedule a meeting between both parties to see if the problem can be resolved. Motion by Alderman Temple to table this until after the Street and Alley Committee meets with Terry Finkl seconded by Alderman Johnson. Alderman Temple withdrew his motion and Alderman Johnson withdrew his second. Motion by Alderman Johnson to refer to the Street and Alley Committee, June 19, 1997, 5:30 p.m. or another date suitable to Terry Fink, seconded by Alderman Temple. Motion carried 6--1, with Alderman Kroll voting "No". COMMITTEE REPORTS: --BudNet/Finance Committe~ minutes of May 6, 1997 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of May 6, 1997, into the record, seconded by Alderman Staudinger. Motion carried 7--0. --BudNet/Finance Committee minutes of May 12, 1997 were presented and reviewed. Notion by Alderwoman Kilpatrick to enter the minutes of Nay 121 1997, into the record, seconded carried 7--0. Budget/Finance Committee by Alderman Orr. ~otion --Budget/Finance Committe~ minutes of May 13, 1997 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the minutes of May 13, 1997, into the record, seconded carried Y--0. Budget/Finance Committee by Alderman Orr. Motion --Budget/Finance Committee minutes of May 14, 1997 were presented and reviewed. Motion by Alderwoman minutes of May 14, 1997, Motion carried 7--0. Kilpatric~ to enter the Budget/Finance Committee into the record~ seconded by Alderman Staudinger. --City Council Committee of the Whole minutes of May 6, 1997 were presented. Motion by Alderwoman Kilpatrick to enter the Whole minutes of May 6, 1997, into the record, Motion carried 7--0. City Council Committee of the seconded by Alderman Kroll. --CitX/County Planning Board minutes of May 8, 1997 were presented. Motion by Alderwoman Kilpatrick to enter the City/County Planning Board minutes of May 8, 1997, into the record, seconded by Alderman Easton. Motion carried 7--0. --Disaster & Emergency Services minutes of May 8, 1997 were presented. Mayor Rodgers announced there will be a Disaster & Emergency Services meeting at the complex on May 29, 1997 at 6:30 p.m. Minutes of the City Council of Laurel Page 5 Council Meeting of May 20, 1997 Motion by Alderman Orr to enter the Disaster & Emergency Services meeting minutes of May 8, 1997, into the record, seconded by Alderwoman Kilpatrick. Motion carried 7--0. --Street & Alley Committee minutes of May 15, 1997 were presented and reviewed. Motion by Alderman Easton to enter the Street & Alley Committee minutes of May 15, 1997, into the record, seconded by Alderman Staudinger. Requiring Permits Alderman Easton stated there will. be a License Committee meeting on May 22, 1997 and they can further discuss the requirements for licensing and bonding for a person doing their own work. Culvert Irrigation Ditch Alderman Staudinger stated the city should have permission from Mr. Bernhardt in writing before a culvert is placed in the irrigation ditch, because of water rights. The culvert would be for the circus that will be held on August 8, 1997. Jim Flisrand said he would visit with the Chamber of Commerce regarding the culvert. A vote was taken on the motion. Motion carried 6--1, with Alderman Temple abstaining. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: None MAYOR'S COMMENTS: Mayor Rodgers announced there will be an Eastern Montana Historical Conference in Laurel, June 191 20, and 21, 1997 at the Locomotive Inn. Mayor Rodgets requested permission to leave the city/state from June 1, 1997 to June 7, 1997. Motion by Alderman Staudinger to grant permission for Mayor Rodgers to leave the city/state from June ], 1997 to June 7, 1997, seconded by Alderman Johnson. Motion carried 7--0. OTHER COMMENTS: Municipal Officials Workshop Alderwoman Kilpatrick reported on the Local Government Officials Workshop that she and four other alderman attended in. Billings. She handed out copies of informational items that she received. One topic of interest was "The Rules of Parliamentary Procedure". Alderwoman Kilpatrick also artended a workshop in Columbus with Alderman Kroll, Jim Flisrand, and Andy Loebe. They learned about violence and sexual harassment in the work place. Police Activity Report The Police Department's distributed. activity report for May 7, 1997 to May 19, 1997 was There being no further business to meeting was adjourned at 8:04 p.m. come before the council at this time, the Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of Jnne, 1997. Donald L. Hackmann, City Clerk