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HomeMy WebLinkAboutCity Council Minutes 10.15.1996Minutes of the City Council of Laurel October 15, 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 7:02 p.m., on October 15, 1996. COUNCIL MEMBERS PRESENT: Gay Easton Bud Johnson Norman Orr Miles Walton Ron Marshall Dirk Kroll Donna Kilpatrick William Staudinger COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Johnson. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of October 1, 1996, as presented, seconded by Alderman Walton. Motion meeting carried CORRESPONDENCE: Received a copy of a letter to Steve Barlow, Editor of the Laurel Outlook from Frederick F. Sherwood, regarding a secret ballot by elected officials. Received a letter from Vickie Ripley, Security Bank, regarding the mess across the street where the apartment building burned down. Received a letter from Roy Williams, owner of the Russell Motel, regarding the debris left from the fire of the Merchant Apartments. Received a letter from Sam Boggess & Associates regarding a pending change of ownership. Received a copy of a letter to Kevin Burson, advertising sign at 108 Durland. from Cal Cumin, regarding the Received the September minutes and activity report from the Air Pollution Control Board. Received a faxed memo regarding a Billings City Council and Yellowstone County meeting at the Skyview Terrace on October 17, 1996 at 5:30 p.m. Received a letter from Julie Ann Fischer regarding the safety of her husband, Bryan, while he is at work. Received a letter from Highway Administration Council Chambers. Senator Baucus regarding a meeting with the Federal on October 11, 1996 at 1:30 p.m. in the Laurel City Received a memo regarding a Landfill Users Summit on October 15, 1996 at 10:00 a.m. at the Parmly Billings Library. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statements for the month of September were presented. Motion by Alderwoman KilDatrick that the City Clerk's and City financial statements for the month of September, 1996, be approved, Alderman Johnson. Motion carried 8--0. Treasurer's seconded by STEVE COSNER - LAUREL STUDY COMMISSION: The Study Commission distributed a list of commonly asked questions and answers to explain the charter. They have presented the proposed charter to many organizations. Steve said it has been brought to their attention that when they say the charter limits the amount of taxes, they are specifically talking about the general all purpose mill levy. The general all purpose mill levy is the 65 mills. The other specials are not limited. Mayor Rodgers questioned then if 1-105 is eliminated, does this give the governing body the right to add more mills for PERS, Workmen's Compensation, Health Insurance, etc. at any time? Steve answered "yes". It appears the limit is on the general all purpose mill Minutes of the City Council of Laurel Page 2 Council Meeting of October 15, 1996 Alderman Walton feels it would be no different than it is right now, except that 1-105 eliminates any increase in the general all purpose mill levy of 65 mills. Steve asked the council members if they have heard any comments from the public that they can share with the study commission? Alderman Walton stated he has been asked, what is the charter? He said it was real nice to have the study commission at the last couple of council meetings to explain the charter so he knew more about it and was better able to explain it. He wishes everyone in Laurel could have the same educationl for it shows all the work the study commission has done. Darrell McGillen asked for clarification of self-governing powers. If state law has already addressed an issue, then self-governing powers cannot oversee them and it would be addressed by state law. But~ if state law has not addressed an issue, then self-governing powers can now set policy. Steve answered "yes". Darrell commented that state law reads that when Laurel becomes a second class city, they have to have a paid fire department. This will be a large expense to the community. He questioned, under self-governing powers, whether the city could say no to the state laws and not have a paid fire department? Steve answered "no", the state law would oversee the self-governing powers. Laurel could become a second class city by the year 2000. Joe Bradley stated that only a handful of cities and counties, such as 25 or 28 out of a total of 190, have self-governing powers. He said that most examples of how self-governing powers have helped cities in the last twenty years, is in the novel ways of raising funds or novel ways of passing bond issues. The state law would require a paid fire department, but as far as raising money to pay for it, the city might be able to do things with self-governing powers that we would not be able to do without. Mayor Rodgers asked if anything has been looked at, through the study, for a twenty year retirement in the police department? Joe stated they did not go through the codes to pick out everything that would affect the city if it should become a second class city. This was done about 10 years ago when they were worried about becoming a second class city in the ninety census. He cannot remember everything that was found, particularly about the police department. They do know that there will be new requirements and obligations on the city if it should become a second class city. The state~will not help pay for them, so it is hoped that self-governing powers will help!find novel ways to raise funds or bond issues. The state law now sets forth special districts~ such as snow removal or maintenance, but with self-governing powers, perhaps new districts can be created such as a fire department district, etc. The city of Laurel will have more flexibility with self-governing powers than without. Joe asked again if anyone has heard anything for or against the charter. Darrell McGillen stated he heard a comment that it was thought the study commission was a waste of money. Joe asked where can you go to rectify that? The Laurel Study Commission was voted in by the people. The expenses incurred by the study commission have been around a thousand dollars. MARION COLEMAN - COUNCIL ON AGING: Marion Coleman addressed the council and introduced the executive director of the Yellowstone County Council on Aging and the president of the Laurel Senior Center. Last year Marion represented Laurel on a Task Force which looked at senior issues from the present time into the 21st century. The Task Force included representatives from the Yellowstone County Commissioners, Laurel and Billings City Councils and others. They worked with about 110 organizations that deal with seniors. One recommendation from the Task Force was go to a vote of the people for one mill to be levied for senior services. They passed out information for Yellowstone County Resolution #98-68 in support of a one milll county wide levy, in support of Yellowstone EIder Services. It will be on the ballot November 5, 1996. The funds assist and help seven senior centers in Yellowstone County. It will help ensure that senior programs will continue to provide basic services at a rate much lower than Medicaid or institutional care. Current services include transportation, assists in-home services through Senior Helping Hands, Senior Information Services Program, Retired Senior Volunteer Program, Meals on Wheels and meals are served at all the senior centers and three additional sites in Billings. These are subsidized meals. Minutes of the City Council of Laurel Page 3 Council Meeting of October 15, 1996 There are needed additional services that are not being met, such as a waiting list for Meals on Wheels, transportation and in-home services, the need to provide rural transportation, added assistance for Senior Centers in Yellowstone County, and expansion of Senior Information Services to assist seniors and their families in locating services and assisting them with paper work. The senior population in Yellowstone County is expanding. Currently the County levies an undesignated .53% of a mill for senior programs. Federal funding has been reduced but there are some funds available from the state, county, city, United Way, private donations, fund raising, service contributions, memorials and estates. Many people are moving to the urban areas because of medical facilities and because larger cities have senior housing. He asked what do we, as taxpayers, receive? It will benefit the taxpayers if we can keep at least one person from going into the care center at a cost of $42,000.00 a year because we, as taxpayers, will eventually pay that care center bill at federal or state levels through Medicaid. It is wise that we make sure that these core services are available. Marion Coleman thanked the City of Laurel for their financial help and moral support given to the Laurel Senior Center. They are thankful for all the help in the past and ask for support of the one mill levy on the ballot, November 5, 1996. Mayor Rogers thanked Marion for the good job he has done and for his support and help to the community. JOANN FOX - CHRISTMAS TO REMEMBER: JoAnn Fox, representing Christmas to Remember, asked the council's permission to have the llth annual Christmas to Remember ceremony on December 1, 1996. She requested approval for the annual parade of lights. The committee anticipated changing the parade route because last spring's fire destroyed the Movie Haus along with other businesses, but they now feel that the route they have had in the past is the best one. The participants for the parade will line up at the corner of the Laurel Federal Credit Union on 3rd Street and 1st Avenue at 5:00 p.m. The parade route will go south on 1st Avenue to Firemen's Park. There will be a fireworks display in the park. Activities, entertainment and horse drawn wagon rides will be held during the day. Organizations will sell on the sidewalks as money makers. The live nativity scene at Don's Barber Shop has always been well liked. The committee will have barrel warmers and will serve hot chocolate. The committee is asking permission to have police barricades for the event. JoAnn invited City Hall to light up with all the December 1, 1996 and asked Mayor Rodgers to say people. other businesses on Sunday, a few words and welcome the Motion by Alderman Orr to grant the Christmas to Remember Committee permission to hold the parade of lights, to have police barricades for the event, to allow the organizations to sell on the sidewalks, and to display fireworks at Firemen's Park, seconded by Alderman Johnson. Motion carried 8--0. Darrell McGillen asked the council's permission for an aerial fireworks display on December 1, 1996. Motion by Alderman Orr to grant permission for an aerial fireworks display on December 1, 1996, seconded by Alderman Marshall. Motion carried 8--0. KATE STEVENSON - LAND USE VARIANCE: Mayor Rodgers asked the council to refer to the City-County Planning Board minutes. Kate Stevenson, 525 West 5th Street, is requesting a land use variance to allow a practice dance studio in the back house located at that address. It is a separate building on her property that is not being used and is large enough for the needs of a practice dance studio. The location is more appropriate for the studio then the current location on West Main Street. The current location is next to a busy bar and also the bus depot. The location is not ideal for dropping off and picking up the young children. The property at 525 West 5th Street consists of four city lots. The yard is fenced, provides a turn around, and includes plenty of DarkinN on the DronetrY. Minutes of the City Council of Laurel Page 4 Council Meeting of October 15, 1996 potential problems with the neighbors, one being that there will be some increased traffic when children are dropped off and picked up. The classes are one hour long and operate 14 hours per week during the school year (9 months) only. The other potential problem would be noise. The music is not loud because the students have to hear the instructor over it. There is only one neighbor that can even see the building and they have expressed that there would be no problem. There will be some alterations made to the building. The building has utilities except for water and sewer. Kate has been planning to add water and sewer and will have the lot re-platted so this can be done. A bathroom will be installed and the flooring will be changed. The building is hidden by a tall fence that is covered with vines and there is also a hedge. Most people don't even know the building is there, so it is added security for the children, which is the main concern of the parents. The building is an open area, 20' by 30', which is suitable for a practice dance studio. Kate stated it is a practice dance studio since they will only be using if for practice. Dance performances will the held at the school or elsewhere. Instructor, Diane Trerise, spoke and explained that there will be 14 classes which consist of a total of 85 to 90 students. Each class consists of 6 to 14 students. Classes will be held Monday through Thursday with an average of three classes per day except Tuesday, when there are five classes including a morning class. Darrell McGilten did not see any problem with fire codes. The size of the building is adequate for the number of people that will be in it. Cal Cumin stated this is a laud use variance request in a residential area changing the essential needs of the neighborhood. The reason it is before the council is because most variances in Laurel deal with set backs, fence heights, etc. and the Board of Adjustments has the final say instead of the city council. About seven years ago, the Planning Board took over land use variances and they will make a recommendation to the council for the final say. The Planning Board recommended approval for the land use variance. The reasons for approval were because of lack of available space in Laurel for this type of use and because of working with small children. Another reason is because the area provides a safe and good access for dropping off and picking up the children. The third reason is because there was no protest at all and there was a lot of support from petitions and letters. The final reason is the Planning Board found that it was in the public's interest. Cal said there are four conditions that go along with the recommended and they suggest that the council include these conditions in their The conditions are as follows: approval approval. 1. The variance is site specific, Mrs. Stevenson cannot move and take the variance with her to another location to open up a practice dance studio, 2, the variance is specific to the applicant, if Mrs. Stevenson moves the variance dies, 3. the variance only provides for the practice dance studio to be open during the normal nine month school year and not during the summer, 4. the variance is limited to a children's practice dance studio nine months of the year. Darrell asked if Mrs. Trerise moves her classes, can the building still be used for a practice dance studio? Cal stated it can be used as a practice dance studio under the current conditions, however, if it is closed for 6 months then it would not be allowed to open again. Kate expressed that if Mrs. Trerise discontinued to use the building for a practice dance studio, she plans to use the building as an apartment. Motion by Alderman Walton to grant the land use variance as recommended by the Planning Board with the conditions set forth above, seconded by Alderman Johnson. Motion carried 8--0. RESOLUTION NO. R96-47 A RESOLUTION RAISING CITY SEWER RATES AND CHARGES SO AS TO INCREASE TOTAL ANNUAL REVENUES NOT TO EXCEED 13% Minutes of the City Council of Laurel Page 5 Council Meeting of October 15, 1996 ORDINANCE NO. 096-6 (first reading) ORDINANCE AMENDING SECTION 13.12.040 OF THE LAUREL MUNICIPAL CODE, SYSTEN DEVELOPNENT FEE Motion by Alderwoman Kilpatrick that Ordinance No. 096-6 first reading) be passed and adopted, seconded by Alderman Kroll. A roll call vote was taken and all aldermen voted "Yes". Motion carried 8--0. --Board of Adjustment minutes of October 8, 1996 were presented. Motion by Alderman Marshall to enter the Board of Adjustment minutes of October 8, 1996, into the record, seconded by Alderwoman Kilpatrick. Motion carried 8--0. --Budget/Finance Committee minutes of October 1, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter minutes of October 1, 1996, into the record, Motion carried 8--0. the Budget/Finance seconded by Alderman Committee Johnson. --Cemetery Board minutes of October 15, 1996 were presented and reviewed. Motion by Alderman Kroll to enter the Cemetery Board minutes of October 15, 1996, into the record, seconded by Alderman Marshall. Motion carried 8--0. --City Council Committee of the Whole minutes of October 1, 1996 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of October 1, 1996, into the record, seconded by Alderman Johnson. Motion carried 8--0. --City-County Plannin~ Board minutes of October 10, 1996 were presented. Motion by Alderman Marshall to enter the City-County Planning Board minutes of October 10, 1996, into the record, seconded by Alderwoman Kilpatrick. Motion carried 8--0. --Laurel Airport Authority minutes of September 24, 1996 were presented. Motion by Alderwoman Kilpatrick to enter the Laurel minutes of September 24, 1996, into the record, seconded Motion carried 8--0. Airport Authority by Alderman Kroll. COMMENTS FROM THE AUDIENCE: Zonin~ Ordinance Cal Cumin asked, when will the again? zoning ordinance that had been tabled be acted on Mayor Rodgers stated that Alderman Johnson has more questions that he wanted to get answered. It was suggested at the City Council of the Whole meeting to have a work session so the council can get more knowledge and education. Cal stated that the form received from Ruby Hanson is not valid. Community Hope Cal stated that the city council approved construction of the new Community Hope building with certain conditions. Community Hope has not met the required conditions. He asked if the council wanted him to write a letter to remind them of the agreement and ask them when they will be completed? Cal mentioned some of the conditions that were required with the approval from the city council. Gay said that all the conditions have been addressed except for the fence. He stated the items that the fence was to hide do not exist. Many items that use to set outside now set inside. He replied the area may be better looking and easier to keep clean without a fence. He said if a problem exists or the area becomes an eye sore, making it a situation where a fence is required, he was sure one would be put in. Cal stated the fence was one of the conditions approved by the city council and if they wanted to change that condition, then the agreement would need to be amended. Gay stated that Community Hope would like to look at the situation as it is for Minutes of the City Council Page 6 Council Meeting of October 15, 1996 of Laurel Alderman Johnson suggested that if through on the original agreement, regarding proposed changes. Community Hope does not want to follow then they should address the council Gay Easton requested, as a Community Hope Board member, to wait with building a fence until approximately next June. It would give them time to see if having a fence or the location of it would conflict with snow removal or with the parking lot. Alderman Marshall feels that the people in the area of Community Hope are being put off because the fence was not built as stated in the agreement. Alderman Kroll agreed that a fence needs to be built because that was the agreement and the situation should not be put off. Mayor Rodgers stated the idea is not that they don't need a fence, but rather to have time to review the situation and see if the fence would be built in the proper location and installing gates in the right places to work with snow removal, loading, drop off, parking, etc. so as to eliminate rebuilding or constructing different size gates. Motion by Alderman Staudinger to suspend the enforcement of Community Hope building a fence until June 1, 1997, seconded by Alderman Easton. Motion carried 7--1, with Alderman Kroll voting "No". Gay stated that the Community Hope Board members are not trying to avoid building a fence. They have tried to comply with all the agreements that were made and have even done more than what was required to make the place presentable. They are trying to prevent building the fence now and then after a few months realize that it needs to be relocated. The Community Hope Board meets the 4th Thursday of each month at 7:00 p.m. Alderwoman Kilpatrick stated that a problem Community Hope is experiencing is the fact that people take junk items over there and just drop them off. Community Hope then has to worry about hauling them to the dump. A fence may or may not prevent this. Gay said the board members suggested taking pictures throughout the coming season of possible problems and make changes to correct them. He mentioned the black top, landscaping, etc. have been completed and suggested that Jim Flisrand go over and check this off with the agreement. Mayor Rodgers suggested that and Community Hope in order Aldermen in Ward I. Aldermen Marshall and Kroll to keep informed on this, work with Gay Easton since they are the Down Town Plannin~ Specialists Cal stated there will be specialists on downtown planning coming on October 22, 1996 and will be meeting at the Locomotive Inn at 12:00 p.m. for lunch. They would like to do work in the area and specialize in small communities. Cal invited all council members to the meeting along with the Planning Board and Chamber of Commerce members. There could be a lot learned about some problems in downtown Laurel. Public Utilities Committee Meeting Jim Flisrand announced a Public Utilities Committee meeting on October at 5:30 p.m. 29, 1996 Cal requested that if there is a meeting regarding the new subdivision north of the Laurel Golf Course, regarding extension of city water, he would like to be notified so he can attend. Special Council Meeting - Award Bids Jim Flisrand announced a special council meeting for p.m. to award bids for the new building at the shop. October 22, 1996 at 5:30 Community Hope - Garbage fees Alderman Staudinger stated that Community Hope has had people dropping off large items such as davenports or tables that have broken legs or are damaged beyond use. Community Hope has to haul these items to the dump and are charged bY the pickup load. He is concerned that with Community Hope's limited income, it is hard for them to continue to pay to dump these items so they do not lay around and become an eye sore. Mayor Rodgets stated that this concern was discussed at It was decided to have the Community Hope Board members Committee. the Garbage Committee. come to the next Garbage Minutes of the City Council of Laurel Page 7 Council Meeting of October 15, 1996 MAYOR'S COMMENTS: Mayor Rodgers stated that last Friday, October 11, 1996, Senator Baucus and Rodney Slater, Highway Administrator from Washington D.C. were at Laurel City Hall to answer questions from Laurel residents. They also discussed the new Shiloh interchange on Interstate 90 and had a very interesting visit. Mayor Rodgers announced the Unified Zoning Code meeting will be held at the Skyview Terrace, October 17, 1996 at 5:30 p.m. Jennifer thanked the city council for the approval of the land use variance for the practice dance studio at 526 West 6th Street. It will be a much safer and more convenient location for the parents and their children. Julie Fischer addressed the letter she wrote to Mayor Rodgers regarding the safety of her husband when he is at work. She stated that up until now she really never worried about him and figured his life was in good hands, but she has to say her attitude is changing drastically and in fact has encouraged Bryan to look for work outside the police department. She asked what circumstances existed last week that made it necessary for an off duty reserve officer, who happened to have his portable radio on, to respond to Bryan's call for assistance? Mike Zuhoski, Police Sergeant, addressed the question by saying that he has no idea why Mike Kirschenmann responded because he was in the back room of the police department at a dispatch school along with Captain Musson and neither one of them were called to assist Officer Fischer. Mike stated he was made aware that Officer Fischer was at the residence but was not made aware that he needed any assistance at all. Both himself and Captain Musson were on the police department premises at the time. Julie stated she did not know of any mishap until she picked up her son, who was being baby-sat at the Kirschenmann home and had heard his dad's voice on the radio. Julie is very concerned for Bryan's safety and would like to think that someone could have figured out that there was distress besides a two year old. She asked if this has ever happened to anybody else before? Mike Atkinson, Chief of Police, stated it has happened to him several times. When he came to work in Laurel, there were eight officers and they worked a one man shift with a cover officer that worked on Friday, Saturday, and Sunday. He does not like to see it. He can see where there was a problem but does not know what the communication was at the time. He stated that when he read her letter, he was going to recommend that she give him some time to look into the issue and possibly have her get back with them at a Police Committee meeting. Julie asked if there was any way this could have been prevented? She understands that, of course, they may not know this until they look into the issue more. She stated she is very concerned and it is very stressful living with all the worries of Bryan doing his job. Mayor Rodgers stated that the council appreciates her coming to the council meeting with her concerns. The department is well aware of them and has been working on the matter and is looking for answers. They have many areas to focus on, not just one issue. There being no further business to come before the council at this time, the meeting was adjourned at 8:35. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 6th day of November, 1996. Donald L. Hackmann, City Clerk CHarles Rodge~/~,~o~~''