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HomeMy WebLinkAboutCity Council Minutes 11.06.1996Minutes of the City Council of Laurel November 6, 1996 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 Rodgets at 7:00 p.m., on November 6, 1996. COUNCIL MEMBERS PRESENT: Gay Easton Bud Johnson Dirk Kroll Ron Marshall Donna Kilpatrick William Staudinger COUNCIL MEMBERS ABSENT: Miles Walton Norman Orr INVOCATION: Invocation was given by Alderwoman Kilpatrick. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of October 15, 1996, as presented, seconded by Alderman Easton. Motion 6--0. meeting carried Motion by Alderwoman Kilpatrick to meeting of October 22, 1996, as presented, carried 6--0. approve the minutes of the seconded by Alderman Johnson. special Motion CORRESPONDENCE: Received a copy of a letter to Cal Cumin from Pat Mullaney regarding annexation of Tract A-1 and B-l, in Certificate of Survey No. 2039. Received a copy of a letter to Pat Mullaney from Cal Cumin regarding the above mentioned letter. Received a letter from Streeter Brothers Companies regarding a vacant mobile home sitting very close the Fibervision's dishes and office building. Received a cancellation notice regarding the 5th annual membership meeting for Montana Rural Development Partnership, scheduled for November 7th & 8th in Helena. It will be rescheduled sometime in early December. Received two membership bulletins regarding transportation and questionnaires. from the Montana League of Cities and Towns environmental meetings and community The City Clerk received a letter from Ruby Hanson regarding the October 15, 1996 council minutes. Received a document from David Carte regarding a Montana Supreme Court case regarding a mobile home. CLAIMS: Claims for the month of October were reviewed by the Budget/Finance Committee. Motion by Alderwoman $478,730.85 for the month carried 6--0. Kilpatrick to of October, approve the seconded by claims in the amount of Alderman Johnson. Motion JULIE JONES - LAUREL HOUSING REHABILITATION PROJECT: Julie Jones from Double Tree, Inc. presented an update on the Laurel Housing Rehabilitation Project. She stated it is going very well and is progressing faster than had been expected. Nineteen applicants have been approved by the committee. Six units have been completed, six units are currently under construction, five units are in the inspection phase, and two are still being determined for eligibility. The average cost of rehabilitation is $14,600, which is under what was predicted. Laurel may be able to rehabilitate two more homes than was originally planned. Originally, it was planned to rehabilitate 22 homes with an average of $17,500. Eligible applicants are still being accepted. Double-Tree, Inc. submitted a grant application to the Home Program in September for Phase II of the Affordable Housing Project. The Home Program will announce grant awards in December. Julie announced that the next Advisory Committee meeting will be November 13, 1996 at noon in the council chambers. Minutes of the City Council of Laurel Page 2 Council Meeting of November 6, 1996 BID OPENING - FIRE TRUCK: This being the time and place advertised, the only bid received was opened and read aloud. Becker Fire Equipment Company 81 S. E. Wyoming Blvd. Casper, WY 82609 Bid bond was attached. Becker proposes to furnish one BECKER FIRE 1250 GPM TOP MOUNT rUMPER APPARATUS mounted on a FREIGHTLINER FLT0, 4 DOOR CHASSIS for a bid of $169,979.00 FOB Laurel, Montana. Mayor Rodgers referred the bid to the Fire Committee. A Fire Committee meeting will be held on November 11, 1996 at 7:00 p.m. at the FAr. ANNUAL FEE FOR ALL WATER USERS: RESOLUTION NO. R96-48 ESTABLISHING AN ANNUAL SERVICE FEE FOR ALL WATER USERS, PURSUANT TO THE PUBLIC WATER SUPPLY PROGRAM Motion by Alderman Marshall that adopted, seconded by Alderman Johnson. AGREEMENT WITH MONTANA POWER COMPANY: Resolution No. R96-48 be passed and Motion carried 6--0. RESOLUTION NO. R96-49 APPROVINGAN AGREEMENT BETWEEN THE CITY OF LAUREL AND MONTANA POWER COMPANY, SAID AGREEMENT RELATING TO RIGHT-OF-WAY EASEMENT AT THE WASTE WATER PLANT Motion by Alderwoman Kilpatrick adopted, seconded by Alderman Easton. SYSTEM DEVELOPMENT FEE: ORDINANCE NO. Public Hearing: Motion by Alderman Kroll. Motion by that Resolution No. R96-49 be passed and Motion carried 6--0. 096-6 (second reading) ORDINANCE AMENDING SECTION 13.12.040 OF THE LAUREL MUNICIPAL CODE, SYSTEM DEVELOPMENT FEE No Comments. Alderman Marshall to close the public hearing, seconded by Motion carried 6--0. Alderman Krol~ that Ordinance No. 096-6 (second passed and adopted, seconded by Alderman Johnson. A roll call vote was taken and all aldermen voted, COMMITTEE REPORTS: reading) be Motion carried 6--0. "Yes". Motion carried 6--0. --Budget/Finance Committee minutes of October 23, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of October 23, 1996, into the record, seconded by Alderman Easton. Motion carried 6--0. --City Council Committee of the Whole minutes of October 15, 1996 presented. Motion by Alderman Marshall to Whole minutes of October 15, 1996, Johnson. Motion carried 6--0. were enter the City Council Committee of the into the record, seconded by Alderman Minutes of the City Council of Laurel Page 3 Council Meeting of November 6, 1996 --Laurel Airport Authority minutes of October 22, 1996 were presented. Motion by Alderman Marshall to enter the Laurel Airport Authority of October 22, 1996, into the record, seconded by Alderwoman Kilpatrick. carried 6--0. minutes Motion --Park Committee minutes of October 31, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick October 31, 1996, into the record, carried 6--0. to enter the Park Committee minutes of seconded by Alderman Staudinger. Motion --Police Committee minutes of October 17, 1996 were presented and reviewed. Motion by Alderman Kroll to enter the Police Committee minutes of October 17, 1996, into the record, seconded by Alderwoman Kilpatrick. Motion carried 6--0. Don Hackmann mentioned that the animal control truck is a fixed asset in the general fund. It can be transferred from the Police Department to the Public Works Department and no sale would be needed as mentioned in the committee minutes. Alderman Marshall asked if Laurel Ford was considered for a police package on a patrol car? The state bid generally comes from the Ford dealerships for a LTD or a Victoria. He felt if a bid was received from Fichtner Chevrolet then the City should consider a bid from Laurel Ford for a Taurus. Captain Musson stated that Laurel Ford does not have a police package. --Police Committee minutes of October 24, 1996 were presented and reviewed. Motion by Alderman Kroll to enter the Police Committee minutes of October 24, 1996, into the record, seconded by Alderman Johnson. Motion carried 6--0. --Public Utilities Committee minutes of October 29, 1996 were presented and reviewed. Motion by Alderman'Marshall to enter the Public Utilities Committee minutes of October 29, 1996, into the record, seconded by Alderman Easton. Cal Cumin stated the developers of the proposed subdivision north of the Laurel Golf Club are asking the city council to consider annexation of the site with provision for city water. The council will not be approving annexation but whether they will accept an application for annexation. The developers will then prepare an annexation plan, a subdivision plat, go to the City-County Planning Board, hold public hearings and ask for the city council's approval for annexation. Cal said they might as well not start, if the City of Laurel says they will not extend water out there and consider annexation. Vote was taken on the motion. Motion carried 6--0. Motion by Alderman Marshall that the city consider proposed development north of the Laurel Golf Course and to area, seconded by Alderman Staudinger. annexation of the extend water to the Alderwoman Kilpatrick said she feels that since the developers are present at the council meeting waiting for a decision, they may be thinking that the council is accepting or not accepting annexation. She stated she does not feel comfortable being put in this position since this is the first time that she, as a non-committee member, has heard about this. Cal Cumin addressed her concern by saying that in order for the city to understand all ramifications of the project, the developers would have to complete their design and submit it to the city in the form of a subdivision plat. It would go before the Planning Board as a preliminary plat and be reviewed, public hearings would be held, and a recommendation would go to the city council for approval of the preliminary plat. Cal again stated that the developers might as well not start, if the city says they will not consider the proposal for annexation. The subdivision would involve a flagpole annexation. Bob Graham, 819 6th Avenue, commented that he has a strong interest in the development of Laurel and is a strong proponent of growth. He feels that if a city does not grow it starts to die. Me stated that Laurel is running out of lots and needs room to grow. Minutes of the City Council of Laurel Page 4 Council Meeting of November 6, 1996 Bob stated he has some draw backs on this particular proposal. His first opposition is the flagpole development. He noted that Laurel has tried this before and ran into problems with this type of situation. His second opposition is the septic system consisting of a pond. He pointed out that a septic pond smells, especially the size that is proposed for over 200 families. He strongly feels that if the development of the subdivision includes city water it should also include city sewer and stay away from a septic pond. His third opposition to the development is the water system. He referred to the report from HKM on the situation of the water in Laurel. The problem with water in Laurel is not the quality of water, because it is one of the best water systems in the State of Montana. The problem is the quantity. The plan is to go down Dean Drive with a sizable line of 10~000 feet. He questioned how they will get pressure to that area to supply a reservoir. Also, while the reservoir is being pumped, how will the water pressure affect the rest of the citizens of Laurel? Bob is asking the council to oppose the development without the full capacity of city water, city sewer, streets, curb and gutter etc. and then maybe allow to annex. Ken Mize stated he owns property east of the proposed subdivision. He feels an open lagoon septic tank system will have a negative impact on his property and the value of it. He is not against the development but said the city should make the developers do it right. He feels the city should not go along with the proposal in this manner because in the future someone will have to pay to have the septic system done correctly. Tom Bohm, 722 Dean Drive, stated that when he read the paper it was the first time he found out about the water line going down Dean Drive. He is concerned that the water line would be going through his property and may interfere with his septic tank. The line could also interfere with the property owner next to him. He noted that there are ditches on both sides of Dean Drive and he questioned how it would be done. Alan Waddell, 611 Dean Drive, expressed his concerns regarding the smell and stink throughout the west end of town that will be coming from a lagoon. He feels if the developers put in a water line then they should have to put in a sewer line and do it right. He understands that Laurel will grow in that direction and feels that a proper sewer line is needed that will be capable of handling that number of houses when the project is completed. He feels that if it is not done correctly now, someone else will have to pay for it in the future. Bob Graham referred to a concern about running a water line out to a rural area that is not in the city limits. Other residents that adjoin the line, have a legal right to tap into it. If the line is run 10,000 feet out to this subdivision, then it could benefit anyone, such as Alan Waddell, by tapping into it for city water. This is one of the problems with a flagpole annexation. Cal Cumin stated that if the council does not approve the motion, the developer can still apply for a flagpole addition under the proposal that he is working with. The developer is looking for a feeling from the city. Roger Perkins, the engineer for the project, addressed the concerns. He stated that the lagoon will be aerated and odors will not be a problem. He said they realize there will be right-of-ways obtained across Dean Drive and to the west. The first phase will consist of 75 lots and 15 people have expressed an intent to purchase these lots, contingent on city water being provided. He stated he does wish the property was adjacent to Laurel for annexation, but this does provide for growth in that direction. In regards to the pressure problem, there will be a booster pump below the existing city water tank. They propose a dedicated line and do not want people hooking up to this water line. He stated this will not have an ill-effect on pressure for other areas. It will be a pressure zone within itself. A booster pump will pull water from the existing tank, pressurize the force main and send it to the new tank. He feels that in the future of Laurel, this tank and location will be very advantageous to the higher pressure areas. Alderman Johnson addressed his comments to the council. He didn't think this was going to be on the agenda until he received a phone call, therefore he feels he is ill-prepared to make a decision. His high regard for Roger's ability and knowledge is the only positive thing he can see at this time. He was ready to follow the proposal through the channels until he showed up at the meeting and found out that the council will have to make a proposal without some sort of sounding ballot. He feels ill-at-ease making a decision so quickly. He feels the signal they need to send tonight is that this is not the way to get it done. He does not think the method that is being used to sound the council is appropriate without knowing the details. He does not think it was in the best interest of the developers to approach it in this manner. He is very much for growth but the Minutes of the City Council of Laurel Page 5 Council Meeting of November 6, 1996 Alderwoman Kilpatrick agreed and stated she also feels ill-informed and does not feel she can make a decision at this point. Discussion continued on why it would be necessary for the council's approval to consider the developers plans for annexation. Whether the council gave approval to consider or not to consider annexation, the developers can still proceed with the process by applying for annexation and present a preliminary plat to the council. Cal stated the situation came about because the property is located 10,0000 feet from the city limits. The developers questioned if the city would consider providing water? Cal said he would answer yes but first, there would have to be annexation into the city. Two items that the developers need to know is if the city would consider extending a water line out there and if they would consider flagpole annexation. They would like some indication that the city would consider the proposal before they go to the work and expense to proceed. Alderman Staudinger questioned Roger Perkins on the cost difference between a sewer line and a lagoon. He feels the sewer line would eliminate any smell and that a subdivision that is annexed into the city should be on a sewer line. Mr. Staudinger replied that as there is an increasing growth of homes, the lagoon would eventually be located in the middle. Roger stated that the project would probably not go to the point of putting in a sewer line. The concept was to provide a system that would treat waste water. He pointed out that the lagoon would be aerated and would not smell. This process would provide a way to treat waste water until the city grows and it is feasible to provide a city sewer line. Roger explained that there are 240 acres in the development and approximately 75 will be developed in the first phase and the rest will remain agricultural. The lagoon will be surrounded by agricultural land. He said the owner is adamant about keeping the land agricultural. Alan Waddell asked Roger if the lagoon would be on the east side of the development? Roger stated it would be between the Golf Course Road and the development. Alan is concerned that it will be closer to town so the houses in the development will be on the west side and won't be effected with the smell. He does not know how Roger can guarantee that there will be no smell. Bob Graham commented that Roger stated the sewer lagoon interim. Bob asked who will pay for a sewer line in needed? He said it should be done now. would be there in the the future when it is Vote was taken on the motion to consider annexation to the proposed development north of the Laurel Golf Club and to extend water to this area. Motion carried 4-2. Alderman Johnson and Alderwoman Kilpatrick voted "No". COMMENTS FROM THE AUDIENCE: Julie Fischer She attended the council meeting on October 15, 1996 with concerns for safety of her husband when he is at work as a city policeman. She read article in the Laurel Outlook and felt that some corrections are in order. the the Julie said that the Outlook suggested that she had identified "a lack of communication and possible understaffing" as the problem or problems which lead to Bryan's injury. She noted that was incorrect. She artended the meeting to find out what circumstances made it necessary for an off-duty reserve officer to respond to Bryan's call for assistance. She agreed with Chief Mike Atkinson that there may have been a communication problem. She clarified her question to Chief Atkinson and Sergeant Zuhoski asking if a situation like this had ever occurred prior to Bryan's injury. They suggested that they had also been the only officer at a disturbance. She said her question to them was whether or not any other patrolmen had called for assistance and not received it, in spite of the fact that Laurel Police Department members were in uniform and working. Julie replied that she was not as upset over her son hearing Bryan's call for assistance as she was upset over the fact that it was only because an off-duty reserve officer, Mike Kirschenmann, happened to have his radio on that her husband received any assistance at all. She asked what has been learned in the investigation of this matter? She questions, if fellow officers are assistance is available, what kind of to the rest of our connnunity? left without assistance on a call when protection and service is being afforded Minutes of the City Council of Laurel Page 6 Council Meeting of November 6, 1996 She stated that Mike Atkinson and her have not been able to get together evidently because of schedules, so she still has had no answers to her questions. Mayor Rodgers told Julie that the Police Committee and police command are reviewing the transcript of the tape. There will be a committee meeting in the future that they may have Bryan and her attend. Street and Alley Committee Jim Flisrand announced a Street and Alley Committee November 21, 1996 at 5:30 p.m. in the council chambers. meeting on Thursday, Public Utilities Committee A Public Utilities Committee meeting will at B:00 p.m. be held on Monday, November 18, 1996 APPOINTMENTS: Mayor Rodgets appointed Jan Stanford as an ambulance attendant, effective October 20, 1996. Motion by Alderwoman Kilpatrick to confirm the Mayor's appointment of Jan Stanford as an ambulance attendant, effective October 20, 1996, seconded by Alderman Johnson. Motion carried 6--0. Mayor Rodgers appointed Jared Briant as an ambulance reserve. Motion by Alderwoman Kilpatrick to confirm the Mayor's appointment Briant to the ambulance reserve, seconded by Alderman Kroll. Motion of Jared carried MAYOR'S COMMENTS: Mayor Rodgers announced the resignation of Scott Conrad, effective November 8, 1996, from the Police Department. He has made the decision to work for the City of Billings. Scott is the Cops Grant Officer. His position will be filled after the replacement of Mitch Connors. Alderman Staudinger requested permission to leave the city until December 1, 1996. Motion by Alderman Johnson to grant permission to Alderman Staudinger to leave the city until December 1, 1996, seconded by Alderman Marshall. Motion carried 6--0. There being no further business to come before the council at this time, the meeting was adjourned at 8:04 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19th day of November, 1996. Donald L. Hackmann, City Clerk C h~g er~s,~ ~