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HomeMy WebLinkAboutCity Council Minutes 12.03.1996Minutes of the City Council of Laurel December 3! 1996 A regular meeting of the City Council held in the Council Chambers and called to p.m., on December 3, 1996. COUNCIL MEMBERS PRESENT: Gay Easton Bud Johnson Miles Walton of the City of Laurel, Montana, was order by Mayor Chuck Rodgers at 7:00 Dirk Kroll Donna Kilpatrick William Staudinger COUNCIL MEMBERS ABSENT: Norman Orr Ron Marshall INVOCATION: Invocation was given by Alderwoman Kilpatrick. MINUTES: Motion by Alderwoman Kilpatrick to approve the minutes of the regular meeting of November 19, 1996, as presentedl seconded by Alderman Easton. Motion carried 6--0. Prior to the council meeting, Mayor Rodgers introduced Travis Pitts, the new police officer. CORRESPONDENCE: Received a letter from the Montana Department of Commerce informing us that Laurel was selected for funding through the 1996 HOME program. Received a copy of a letter to Monty Cranston from Cal Cumin regarding the Laurel Zoning Ordinance. Received a newsletter from the Montana League of Cities and Towns. Received a letter of resignation from Police Chief, Mike Atkinson, effective July 1, 1997. Mayor Rodgers received a letter from Ruby Hanson that did not get in tonights correspondence. It is being taken under advisement and copies will be handed out later. Motion by Alderwoman Kilpatrick to accept Mike Atkinson's resignation as Police Chief, effective July 1, 1997, seconded by Alderman Johnson. Motion carried 6--0. CLAIMS: Claims for the month of November were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman KilDatrick to approve the claims in the amount of $380,929.12 for the month of November, seconded by Alderman Johnson. Motion carried 6--0. DICK BLACK - STREET/SIDEWALK ON WEST 13TH STREET: Dick spoke to the council on behalf of himself, Gwen Hoffman, and George Bangert. He stated that he built his home on West 13th Street in 1994. At the time he bought his building permit, the city required him to install a curb and sidewalk. He explained the sidewalk and curb started to settle the following spring. He filed an incident report in June of 1995 and spoke to Jim Flisrand. Dick said he was told that Jim would take this issue to the Utilities Committee and instructed him to send the paper work to Alexis, the city's insurance company. The sewer line is directly under the curb and sidewalk and was never compacted. Dick said he has spent over a thousand dollars in repairs already. He feels the city has overstepped their boundary because 13th Street is in the county, yet all three of them were required to put in a curb and sidewalk. He is asking the city to do something about the issue before he takes further action. He explained the insurance company turned him down and feels Jim did not take the matter to the Utilities Committee or council. He said 13th Street is in the county and that the city does not want anything to do with them, therefore, they are getting the run around. Dick stated they are paying city taxes and are not getting anything in return from the city. Mayor Rodgets appointed a committee to address the issue. Jim Flisrand, Joe Leckie, Bud Johnson, Gay Easton, and Donna Kilpatrick were appointed. Dick showed the council the building permit he purchased May 16, 1994. He said Page 2 Council Minutes of the City Council of Laurel Meeting of December 3, 1996 inspection on the sidewalk and curb before he could pour it. the elevations, the location, and inspected it before it was REMOVE ORDINANCE NO. 096-5 FROM THE TABLE: Public hearing was held on October 1, 1996. The city gave him poured. Motion by Alderman Johnson to remove Ordinance No. 096-5 from the table, seconded by Alderman Walton. Motion carried 6--0. ORDINANCE NO. 096-5 (second reading) AMENDING TITLE 17 OF THE LAUREL MUNICIPAL CODE, ZONING Motion by Alderman Johnson that Ordinance No. 096-5 (second reading! be passed and adopted including the City of Laurel zoning map revised September 17, 1996, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 6--0. ORDINANCE NO. 096-7 (second reading) AMENDING SECTION 15.12.010 OF THE LAUREL MUNICIPAL CODE, TO ADOPT THE UNIFORM BUILDING CODE 1994 EDITION Public Hearing: No comments. Motion by Alderman Kroll to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 6--0. Motion by Alderman Easton that Ordinance No. 096-7 (second reading) be passed and adopted, seconded by Alderman Johnson. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 6--0. ORDINANCE NO. 096-8 (second reading) AMENDING SECTION 15.16.010 OF THE LAUREL MUNICIPAL CODE, TO ADOPT THE CABO ONE AND TWO FAMILY DWELLING CODE 1995 EDITION, INCLUDING AMENDMENTS Public Hearing: No comments. Motion by Alderman Easton to close the public hearing, seconded by Alderman Kroll. Motion carried 6--0. Motion by Alderwoman Kilpatrick that Ordinance No. 096-8 (second reading} be passed and adopted, seconded by Alderman Johnson. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 6--0. ORDINANCE NO. 096-9 (second reading) ADDING SECTION 15.24.010 OF THE LAUREL MUNICIPAL CODE, TO ADOPT THE MODEL ENERGY CODE 1993 EDITION Public Hearing: No comments. Motion by Alderman Easton to close the public hearing, seconded by Alderman Walton. Motion carried 6--0. Motion by Alderman Walton that Ordinance No. 096-9 (second reading) be passed and adopted, seconded by Alderman Johnson. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 6--0. ORDINANCE NO. 096-10 (second reading) AMENDING SECTION 15.28.010 OF THE LAUREL MUNICIPAL CODE, TO ADOPT THE ABATEMENT OF DANGEROUS BUILDING CODE, 1994 EDITION Minutes of the City Council of Laurel Page 3 Council Meeting of December 3, 1996 Motion by Alderman Easton to close the public hearing, Kroll. Motion carried 6--0. Motion by Alderman Easton that Ordinance No. 096-10 passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen present voted, ORDINANCE NO. 096-11 (second reading) AMENDING SECTION 15.36.010 OF THE LAUREL MUNICIPAL CODE, TO ADOPT THE UNIFORM SIGN CODE 1994 EDITION Public Hearing: No comments. Motion by Alderman Easton to close the public hearing, Kroll. Motion carried 6--0. Motion by Alderwoman KilDatrick that Ordinance No. 096-11 be passed and adopted, seconded by Alderman Johnson. A roll call vote was taken and all aldermen present voted, carried 6--0. ORDINANCE NO. 096-12 (second reading) seconded by Alderman (second reading) be "YES. Motion carried seconded by Alderman (second reading) "YES". Motion AMENDING SECTION 15.40.010 OF THE LAUREL MUNICIPAL CODE, TO ADOPT THE UNIFORM FIRE CODE 1994 EDITION close the public hearing, seconded Public Hearing: No comments. Motion by Alderman Johnson to Alderman Walton. Motion carried 6--0. Motion by Alderman Johnson that Ordinance No. 096-12 (second reading) passed and adopted, seconded by Alderman Staudinger. vote was taken and all aldermen present voted, "YES". ORDINANCE NO. 096-13 (second reading) A roll call carried 6--0. by Motion that Resolution No. R96-52 be passed Motion carried 6--0. AMENDING SECTION 1.12.010 OF THE LAUREL MUNICIPAL CODE, Public Hearing: No Comments. Motion by Alderman Johnson to close the public hearing, Alderman Easton. Motion carried 6--0. Motion by Alderwoman Kilpatrick that Ordinance No. 096-13 (second be passed and adopted, seconded by Alderman Johnson. A roll call vote was taken and all aldermen present voted, "YES". carried 6--0. BURLINGTON NORTHERN GRANT - LOG CABIN FIREMEN'S PARK: RESOLUTION NO. R96-52 A RESOLUTION TO AUTHORIZE SUBMISSION OF A BURLINGTON NORTHERN SANTA FE FOUNDATION GRANT APPLICATION FOR ADDITION TO THE LOG CABIN IN FIREMEN'S PARK Motion by Alderwoman Kilpatrick adopted, seconded by Alderman Easton. seconded by reading) Motion and RESOLUTION NO. R96-53 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND MORRISON MAIERLE, INC., RELATING TO A WATER RATE STUDY Motion by Alderwoman Kilpatrick that Resolution No. R96-53 be passed adopted, seconded by Alderman Johnson. and Minutes of the City Council of Laurel Page 4 Council Meeting of December 3, 1996 Alderman Kroll asked why the city would need the water rate study? Jim addressed the question by explaining that the city will need to increase the water rates to compensate the cost of the water project which will be approximately four million dollars. Therefore, it is necessary for the city to have a consultant to develop an accurate rate increase rather than the city determining what the increase should be. The city needs to assess the business industry and residences to determine a suitable increase for all facets. Morrison Maierle is the engineer on the water plant project and is completely aware of all aspects of the program. They do rate structures and it would be reasonable for them to do a rate structure for the city. Jim explained that in the past the city has simply multiplied the old rate with a factor for a new increase. Due to the fact that the PSC is no longer a governing body reviewing rate increases, the next step would be for a person to go to district court if they do not agree with the rate increase. Therefore, the city needs to be very diligent in their efforts to make an accurate assessment of the rates. The city had considered both Double Tree, Inc. and Morrison Maierle, Inc. to do a rate study. Double Tree did not respond to our request for a proposall therefore, we would recommend we follow through with Morrison Maierle. The water project is in the final stage for approval on the plan specifications. The rate structure is the next step to continue with the project. The resolution will authorize Morrison Maierle to do the study. They will submit their final results to the Public Utilities Committee for review and then present them to the council for approval. Alderman Walton commented that it is very important for the city to have a study done on the water rate increase, that will be defendable in court, rather than have the city's staff come up with a figure to meet with what is needed. He feels Morrison Maierle has an excellent rate study program. Morrison Maierle would complete a program for the city. Dave Mosser, Morrison Maierle, mentioned that the study will represent more of the actual costs of the system and meet the basic needs. The program has the capability of being simplistic or being more complex in detail, depending on the level at which the city wishes to continue or break down the costs of the projects. A certain amount of revenue needs to be generated to meet the cityls obligation. The program will allow this to be set up into both fixed base costs and variable operational costs. The program will allow the city to continue to modify and upgrade the city's system over the years. A vote was taken on the motion to pass and adopt Resolution No. R96-53. carried 6--0. Motion UPDATE ON THE WATER PLANT PROJECT: Jim presented a chart showing cost figures for the water improvements and explaining various options and increases to the project. The following proposed improvements are: 1. Clearwell/Chemical Building 2. Backwash Basin 3. Plant Auto. & Upgrade 4. Storage Tank Rehabilitate 5. Floc./Uncovered Sediment Basin Resurface Floors & Walls Repair Common Walls & Baffles 6. 18" Water Mains S. 1st Ave. - S. 4th to Railroad N. 1st Ave. - Railroad Ave. to N. 7. Plant Conference Room 8. Emergency Generator (may be worked into project) Street 1st (may be worked into project (may be worked into project (may be worked into project Depending on the alternatives, the construction cost (debt service) would create a rate increase of approximately $13.00 to $14.60, to the existing water bill per month. With the approval of the council tonight, study and then present it to the recommendation. Morrison Maierle will do a water rate Public Utilities Committee for a Dave Mosser commented on the alternative improvements to resurface floors and walls in the sediment basin, the addition of a plant conference room tha~ can h~ Minutes of the City Council of Laurel Page 5 Council Meeting of December 3, 1996 Street and 1st Avenue North. These improvements were put into the bid as alternatives. It will be to the council's discretion at bid opening whether they want to add the alternative improvements to the water plant project. Dave said they will continue to look at these alternatives in the rate study. Dave explained that due to different issues the project has not progressed as rapidly as they expected. They are hoping for the project to be bid around February 1, 1997. Painting of the tanks cannot be done until about April. The tanks are an intricate part of the project. They are hoping for construction to start by April 1, 1997. COMHITTEE REPORTS: --Budget/Finance Committee minutes of November 19, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick to enter the Budget/Finance minutes of November 19, 1996, into the record, seconded by Alderman Motion carried 6--0. Committee Johnson. Motion by Alderwoman KilDatrick to approve the assignment of Paul Strom and Associates, CPA's, as the city's auditorl seconded by Alderman Walton. Motion carried 6--0. --City Council Committee of the Whole minutes of November 19, 1996 were presented. Motion by Alderwoman Kilpatrick to enter the City Council Committee of the Whole minutes of November 19, 1996, into the record, seconded by Alderman Johnson. Motion carried 6--0. --Police/Personnel Committee special meeting minutes of November 20, 1996 were presented and reviewed. Motion by Alderman Kroll to enter meeting minutes of November 20, 1996, Johnson. Motion carried 6--0. the Police/Personnel Committee into the record, seconded by special Alderman --Public Utilities Committee minutes of November 18, 1996 were presented and reviewed. Motion by Alderman Walton to enter the Public Utilities Committee minutes of November ]8, 1996, into the record, seconded by Alderman Easton. Motion carried 6--0. --public Utilities Committee minutes of November 25, 1996 were presented and reviewed. Motion by Alderman Walton to enter of November 25, 1996, into the record, carried 6--0. the Public Utilities Committee seconded by Alderman Johnson. minutes Motion --Street & Alley/Garbage Committee minutes of November 21, 1996 were presented and reviewed. Motion by Alderman Easton to enter the Street and Alley/Garbage Committee minutes of November 21, 1996, into the record, seconded by Alderman Staudinger. Alderman Easton stated that the committee has met with Mr. McMilin, school superintendent, regarding the issues of painting curbs, placement of signs, restricted parking, loading, and sanding. A vote was taken on the motion. Motion carried 6--0. Jim Flisrand commented on items in the Street and Alley/Garbage Committee minutes. The first item he referred to was Mr. Murray's property that is a triangular parcel, 165 square feet area, on West 12th Street, south of the walking bridge. The issue has been discussed in the past. The property is too small to serve any purpose and it needed to be identified legally on a plat. Mr. Murray prepared a quit claim deed and wishes to give the property to the city. Jim would like to have a resolution at the next council meeting to authorize the Mayor to sign an agreement. He asked the council for their acceptance of the quit claim deed so the process could be started. Motion by Alderman Johnson to start the process for a quit claim deed on Mr. Murray's property, the triangular parcel of land, 155 square feet area, on West 12th Street, south of the walkin~ brid~e. ~enonded bv A]H~Pwnm~n Minutes of the City Council of Laurel Page 6 Council Meeting of December 3, 1996 Alderwoman Kilpatrick asked Jim if there will be a problem for weed control and maintenance on the triangular parcel? Jim said the city mows one width of the ground along 12th Street now, even though it is in the county. The property is small, 155 square feet, which the city may end up mowing anyway. The cost to maintain the property is very minimal. A vote was taken on the motion. Motion carried Jim also wanted some direction from the council to start the process to expand the snow removal district. Motion by Alderman Johnson to start the process to expand the snow removal district, seconded by Alderman Walton. Motion carried 6--0. Jim Flisrand commented that a meeting was held with Mr. McMilin and the issues of sanding, painting curbs, restricted parking, loading and unloading, container site fees, and recycling were discussed. He sent a letter to Mr. McMilin to identify all the items and feels they had a good meeting and are ready to move ahead. The curbs will be painted and proper signs will be installed, The school will need the council's approval of the areas to be marked, either by painting curbs or placement of signs for restricted parking or loading and unloading, The committee will look at the cost along with the entire project and give a recommendation to the council. He discussed sanding the streets around the schools. The budget does not include the school district's property. There is also a question of liability. If the streets are sanded one day, missed the next day and an accident happens, is the city liable? This would be a judgement call. These are two reasons that have prevented the city from sanding in the past. Alderman Easton noted that a meeting will be scheduled with Mr. Programs Administrator for MMIA, regarding right-of-ways. The item that could be discussed. Bob Worthington, sanding is one COMMENTS FROM THE AUDIENCE: Alderwoman Kilpatrick requested permission to leave the state from December 14, 1996 to January 1, 1997. Motion by Alderman Johnson to grant permission for Donna to leave the state from December 14, 1996 to January 1, 1997, seconded by Alderman Staudinger. Motion carried 6--0. Cal Cumin reminded everyone of the meeting on December 4, 1996 on the downtown planning at the Locomotive, 6:00 p.m. Jim announced a Street and Alley meeting on December 12, 1996 at 5:30 p.m. open bids on a garbage truck and a pickup. to There being no further business to come before the council at this time, the meeting was adjourned at 8:17 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 17th day of December, 1996. Donald L. Hackmann, City Clerk ~les Rodgets, ayor