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HomeMy WebLinkAboutCity Council Minutes 09.03.1996Minutes of the City Council of Laurel September 3, 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 7:05 p.m., on September 3, 1996. COUNCIL MEMBERS PRESENT: Gay Easton Bud Johnson Norman Orr Miles Walton Ron Marshall Dirk Kroll Donna Kilpatrick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderwoman Kilpatrick. MINUTES: Motion by Alderman Marshall to approve of August 20, 1996, as presented, seconded the minutes of the regular by Alderman Orr. Motion meeting carried CORRESPONDENCE: Received a Risk Management Bulletin from MMIA. Received a quarterly news letter from MMIA. Received information regarding the 65th annual Montana League of Cities & Towns Conference to be held in Kalispell on October 9, 10, and 11 at Kalispell's Outlaw Inn. Received the July activity report from the Air Pollution Control Board. Received the August minutes and list of Board members from the Yellowstone City-County Board of Health. Received a letter from Terry Fink regarding his landscaping and statue by the Caboose Saloon. Mayor Rodgers referred Terry Fink's letter to the Street and Alley Committee. He suggested the committee meet with Terry before the next council meeting. CLAIMS: Claims for the month of August were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to $299,048.28 for the month of August, carried 7--0. approve the seconded by claims in the amount of Alderman Easton. Motion PEP CLUB - PERMISSION FOR HOMECOMING PARADE: Adeia Thompson, representing the Pep Club, asked permission from the city council to have a homecoming parade. The parade will be on September 20, 1996 at 4:30 p.m. The parade route will start at the Starlite Roller Rink, go east on Main Street to First Avenue and then north to the football field. Motion by Alderman Orr to allow the Pep Club permission for a homecoming parade on September 20, 1996, seconded by Alderman Johnson. Mike Atkinson, Chief of Police, stated the police department will cover the traffic and he doesn't see any problem with having the parade. Alderman Marshall questioned if having a with traffic, in case the traffic was pending construction of the underpass? parade on Main Street would interfere re-routed to Fifth Avenue due to the It was noted that the parade is short and shouldn't cause any traffic problems. A vote was taken on the motion. Motion carried 7--0. SCOTT WILM - FENCING: Scott Wilm, 602 Maryland, asked permission from the council to move his fence out to the sidewalk so he can provide more play area for his children. Alderman Walton stated he has viewed the property. Scott has a fence that is up to the city property line. He said that Scott's property is on a busy corner and Minutes of the City Council of Laurel Page 2 Council Meeting of September 3, 1996 Jim Flisrand stated there is a city ordinance that addresses this issue. There are three to ten requests each week to build fences and in each case the city needs to place restrictions on the area in which a fence is built. There would be city property fenced in all over town, if a precedent of this nature is set. He cannot recommend approval in this case. He doesn't feel it is a good idea to allow a private sector to fence in public right-of-way. Jim explained that years ago the Assembly of God Church came to the council and requested special permission to fence in a playground area for the daycare. He cannot answer why the council's decision was to allow permission to build a fence to the sidewalk. Jim stated that there are a few fences that are perpendicular to the street that probably go out further than they should. However, here we are talking about fencing in square footage on both sides of his property. Alderman Johnson stated he has also gone to view Scott's property. He has started to watch around town and has seen a number of fences that are out to the sidewalk. Jim noted that the property right-of-way varies around town. In some areas it is directly behind the sidewalk and in other areas it is fifteen feet behind the curb. It depends on the width of the street and the location, however, the ordinance indicates public right-of-way cannot be fenced in. Jim said a hedge can be planted out to the sidewalk, because it is considered landscaping. A hedge cannot be over three feet so it will not block the view. He stated a chain link fence is not landscaping. Cal Cumin stated that if there is a problem with a decision by a city official, they can go to the Board of Adjustments. He feels this issue should be before the Board of Adjustments instead of the council. Jim questioned whether the Board of Adjustments can authorize a fence on city property? He doesn't think they can. They can vary all types of regulations, but cannot allow it on city property. Alderman Marshall asked if there could be a stipulation for a property owner to sign a release or waiver that he would remove the fence in the event the city does need to claim a previously fenced right-of-way? Jim stated there are a number of different issues. One being that all curb boxes are behind sidewalks in most cases. The city would have to gain access across the fence. This could be a problem with dogs or various things. Cal Cumin stated he supports Jim on this issue and it is one that comes up all the time. Scott Wilm said he will go with the city's decision to follow the ordinance, but feels the city needs to tell everyone in violation to remove their fences. He feels he is being told he cannot do it, but it is all right for those that have already done it. Jim does not deny that there are violations within the city, but the city needs complaints in order to act on these violations. Scott feels if he would have put up the fence without permission, it would have been fine unless someone would have complained. Jim stated the city tries to view all construction that is happening within the city. He mentioned the church is the only other fenced in area that is similar to Scott's request and mentioned there are fences that run in a single line, perpendicular to the sidewalk. Alderman Walton stated that when someone honestly asks for permission from the council, they are the ones that get told no and the people that don't ask permission just wind up doing it and little can be done later. He said when he looked at Scott's yard, he didn't realize the curb box is there or other utilities may be there that someday might need to be dug up. He feels it is tough to say no, when this issue may never have to be addressed in the future. Cal stated that there are other violations that exist in the city, but new issues come up and need to be addressed by meeting the city codes. They are making a good point when they say that others didn't meet the codes, but a lot of it was done over a long period of time. He said the city administration is becoming more professional as the city grows and the issues need to be addressed more specifically. Cal felt this issue would have to go to the Board of Adjustments for a variance. Minutes of the City Council of Laurel Page 3 Council Meeting of September 3, 1996 Joe Leckie stated he is not familiar with whether or not a zoning variance would be required. In this situation, there could be two specific regulations. One is that it violates the public right-of-way and in addition, may violate setback requirements. He said the council could approve building on public right-of-way but the Board of Adjustments may not grant the variance or there may be approval from the Board of Adjustments but not the city council. Cal suggested that first the city should make the decision to allow building on public right-of-way, because the Board of Adjustments has the final decision. The appeal from the Board of Adjustments is district court. The Board cannot say yes, you can do it subject to the city. Cal suggested that if the city is going to proceed, the council should act on building on public right-of-way subject to the Board of Adjustment's approval. Motion from Alderman Johnson to grant Scott Wilm permission to build a fence up to the sidewalk, seconded by Alderman OFF. Jim Flisrand questioned what type of variance would need to be requested for the fence. He said they have not violated any regulation within the zoning ordinance so there is no variance to grant. There is no set back regulation in this issue. Setback means the required distance behind the property line. Scott wants to build on public right-of-way, which has nothing to do with zoning regulations. Zoning regulations restrict, control, limit and guide construction on private property. He feels it is the council's decision to grant approval. Joe Leckie agreed that since there is no setback requirement and the only issue is to build on public right-of way, that Jim is correct and the Board of Adjustments has no jurisdiction in approving the fence. The motion on the floor is for the council to make a decision of whether the fence is built on public right-of-way. It should include the condition that he gets an application for an encroachment permit. Alderman Johnson withdrew his motion to grant Scott Wilm permission to build a fence to the sidewalk, Alderman Orr withdrew his second to the motion. Scott Wilm stated that he doesn't want to build a hedge which is permissible. He wants to move the fence in order to have a larger and safer place for his children to play and to keep them from getting onto a busy street. Alderman Walton explained that the council can understand Scott's situation, but the council would be setting a precedent to building on public right-of-way. STEVE COSNER - LAUREL STUDY COMMISSION: Steve Cosner, Chairman for the Laurel Government Study Commission, handed out the proposed charter for the City of Laurel to the council. He asked the council members to review it and questions will be answered at the next council meeting. He stated the study commission was elected two years ago to study Laurel's government. They have invited all city departments, city employees, and city council members to the meetings. They have held public hearings and found that everyone basically seemed satisfied with the way the city is run. He stated they wrote the charter for a different form of government, but chose to keep everything the same as the city has it now. The new form of government would have more self-governing powers that are not prohibited by the Constitution of the State of Montana. The city now has general government powers. The general government powers are only what is allowed by the constitution. He asked the council members to feel free to call anyone on the Study Commission if they have any questions. The Study Commission will also be on the agenda for September 17, 1996 to answer questions. Mayor Rodgets thanked Steve and the members of the committee for all the hours of work they have spent in studying Laurel's government. He stated they have done a good job. PAT MULLANEY - REQUEST TO ANNEX: Pat Mullaney's request for annexation was tabled at the August 20, 1996 city council meeting. Motion by Alderman Johnson to remove from the table Pat Mullaney's request for annexation, seconded by Alderman Orr. Motion carried 7--0. Pat Mullaney referred to the letter he sent to Mayor Rodgets explaining that he is requesting that Tract B-1 be annexed into the City of Laurel. The city ordinance requires that if he is requesting a variance from the annexation, he Page 4 Minutes of the City Council of Laurel Council Meeting of September 3, 1996 it to the City-County Planning Board. Pat is requesting to annex property into the city, which is less than a city block in size. He stated he has planted a large number of trees to make it an attractive homesite and would like to put a residence on this property. They have made a big investment in planting the trees to make the property look more attractive. Tract B-1 contains 21~955 square feet which meets the R 20,000 requirements for a single family dwelling. They are not ready to annex Tract A-1 on the north end because it needs more landscaping. Cal Cumin explained that the issue before the council tonight is a city ordinance that reads if property is annexed into the city, it has to be a city block in size, which is a little over two acres. Pat is asking for a variance to annex less than a city lot. The discussion of trees and landscaping has nothing to do with annexation. In correspondence with Cal, he understood that if he met requirements and came before the council for approval, because it city block, there would be no problem. the R 20,000 is less than a Cal replied that the issue is a variance to annex property less than a city block in size. Pat explained the reason he wants to bring in only Tract B-1 instead of all the property is because he doesn't have the funds to annex all of it. He said he improved the area and thought he was doing the right thing. Cal stated he doesn't understand why it is confusing to Pat. There are two different issues. The one to be addressed tonight is annexing less than a city block. Cal does not recommend this because of the cost to the city now and the additional cost of another variance when Pat wants to annex Tract A-1. This has nothing to do with the second issue of meeting the R 20~000 requirements, planting trees, and making it an attractive homesite. The first paragraph on the front of the application reads if the parcel is smaller than one city block in size, the city council must approve the consideration of the request. The applicant must make a separate written request to the city prior to filing, filling out, and submitting a request for annexation. This is why Pat is here tonight, to request annexation of a parcel of land less than a city block in size. Pat asked if there was a chance or not to annex Tract B-l? Mayor Rodgets told him if he wants to annex only Tract B-1 then he can make a request to the council and they will deny it or approve it. Pat requested that Tract B-1 is the only part he wishes to annex at this time, because Tract A-1 needs a lot of work. He would like to continue construction on Tract B-1. He feels this would be an ideal spot for manufactured homes. He said it would be a hardship for him to annex Tract A-1 and Tract B-1 at this time, because he does not have the funds. Alderman Easton stated there would be no reason for Pat to improve Tract A-1 before he annexed it. It can be annexed just as it is now, therefore, he could annex both tracts. Pat stated he does not have the funds for the taxable feet. He hoped to annex Tract B-1 and sell it in order Tract A-1. value on 34,000 square to have funds to annex Alderman Walton explained to Pat that the council would prefer that he annex all of his land at one time. Cal stated that the council cannot approve his annexation but can only allow him to make an application to the city for less than a city block. After the council has an annexation plan, then they can approve it. Pat needs to fill out the application and submit it to the City-County Planning Board after he gets council permission tonight. The annexation plan will then come back to the council for approval. Alderman Walton explained that if Pat was willing to bring into the city limits both Tract A-1 and Tract B-l, then the council could vote on allowing him to make application to the City-County Planning Board for annexation. The City-County Planning Board would then make a recommendation to the city council for approval or disapproval of annexation. Pat stated that he wishes to postpone annexation at this time, because he does not know what the tax liability would be or if he can financially meet it. Minutes of the City Council of Laurel Page 5 Council Meeting of September 3, 1996 ALLOCATING MATCHING CTEP FUNDS - PARK DEVELOPMENT: RESOLUTION NO. R96-42 ALLOCATING MATCHING CTEP FUNDS FOR SOUTH POND PROJECT Motion by Alderman Kroll that Resolution No. R96-42 be passed and adopted, seconded by Alderman Marshall. Mayor Rodgets stated that the funds would help the Lions Club to improve the recreation area at South Pond Park. Lonnie Kellogg, representing Lions Club, explained that the club will pay for a grant writer to apply for CTEP funds. The Lions Club is asking the city to dedicate $3,500.00 out of the Park Development Fund for the matching CTEP funds, provided a grant is approved for development of South Pond. Alderman Walton stated that Lonnie Kellogg presented the plans to the Park Committee and the Lions Club has done a good job with it. The development of South Pond would be a nice view from the interstate and look great for Laurel. He expressed that it is nice that a club is taking an interest and stepping forward to fund a project for the beautification of Laurel. The Park Committee recommended the city support the Lions Club project and their application for funds, as long as it does not exceed the $3,500.00 allocated from the CTEP funds. A vote was taken on the motion. Motion carried ?--0. RESOLUTION NO. R96-43 RESOLUTION TO AUTHORIZE SUBMISSION OF APPLICATION FOE THE HOME INVESTMENT PARTNERSHIP PROGRAM GRANT Motion by Alderwoman Kilpatrick that Resolution No. R96-43 be passed and adopted, seconded by Alderman Kroll. Motion carried ?--0. RESOLUTION NO. R96-44 RESOLUTION TO ALLOW THE POLICE DEPARTMENT TO CHARGE FOR COPIES OF POLICE REPORTS A~ND VIDEOS Motion by Alderman Marshall that Resolution No. R96-44 be passed and adopted, seconded by Alderman Orr. The charges are for occasional copies of police reports and video tapes for individuals charged in city court. These costs would be recovered from the individual requesting such copies. The police department already collects for requests of accident reports by insurance companies. A vote was taken on the motion. Motion carried 7--0. RESOLUTION NO. R96-45 BEING A RESOLUTION SPECIFYING A PERMANENT SEWER RATE TO BECOME EFFECTIVE TEN (10) DAYS AFTER BEING FILED WITH MUNICIPAL CLERK AND REVISED RATE SCHEDULE FILED WITH THE PUBLIC SERVICE COMMISSION Alderman Marshall referred to the Public Utilities Committee minutes of August 29, 1996. There were concerns about a $24,000.00 shortfall for the sewer fund for the 1996-97 fiscal year. The amount was overlooked in the budgeting process and was not listed as revenue. The committee discussed transferring monies from the WWTP Replacement and Depreciation Fund and the Sewer Operating Fund to balance the budget. It was decided to have an average $3.10 per month, per customer, rate increase. This hopefully would eliminate the need of having to come back next year for another increase. Alderman Easton read the Budget/Finance Committee minutes of June 12, 1996. It was recommended a 13% sewer rate increase for 1996-97 (approximately $64,000.00) and to use an additional $27,000.00 from the cash reserve to balance the 1996-1997 budget. He explained that this proceeded to the city council meetings before the budget was passed. There was discussion and the resolution was written to accept the 13%. The resolution to accept the sewer rate was Passed on Minutes of the City Council of Laurel Page 6 Council Meeting of September 3, 1996 of August 29, 1996 discussed staying with the 13% increase but it was recommended to go with a 20% increase. Gay feels that the decision made by the council, representing the people of Laurel, asking for a 13% increase to balance the budget should stand. He does not feel it is a good idea to come back with a different raise. Motion by Alderman Easton to go along with the $1.92 (13%) average rate increase, seconded by Alderwoman Kilpatrick. Gay said the budget is balanced, the money can be transferred from the WWTP Replacement & Depreciation Fund or the Sewer Operating Fund and all obligations are protected. Alderwoman Kilpatrick stated she agrees with Gay and the sewer increase should stay at 13%. The money is in the budget and it is just a matter of a transfer if needed. Alderman Walton explained that discussion at the Public Utilities Committee meeting was that the city would be spending too much of its reserves. If there was any small glitch in the system, it would use the reserves up. There was a shortfall, but the Budget/Finance Committee did not have the full facts when they made the decision. The city could be looking at another increase next year to keep the reserves where they are. He was in favor of a 20% increase to keep the reserves adequate. Gay's concern is assuming something is going to happen with no idea how much the cost would be. There is nothing in black and white to show the taxpayers. It is not known if the city will need to use the reserve, yet they are assessing the taxpayers with a healthier sewer increase. Alderman Johnson wants to look in the direction that the city is headed. The city knows, for a fact, that things will need to be done in the future at the sewer plant. To run it at a level which is not supporting the expenses that the city already has, does not represent responsibility. In order to balance the budget at the rate of 13%, the city will be using reserves that would be there in case something happens. If the city goes with the 20% rate as discussed at the Utilities Committee, then the city has a chance of balancing a more responsible budget. He does not feel it makes sense to cut the city short. He understands Gay's point and maintains that there is another side to it and thinks the council needs to look at it very carefully. It does not make sense to cut the city short when there are things that need to be done in the future. One example of not keeping up is the water plant. As a citizen, it astounds him that the city did not realize that the water rates would have to be doubled in one year. He does not think this is responsible and does not want to see that happen to the sewer plant. Mayor Rodgers stated that both sides have good views. In the past the city has raised the sewer rate just about yearly, seven to eight percent. There has not been an increase in water since 1991. The cash on hand is there if needed. There is good management in keeping up with the maintenance. A roll call vote was taken on the motion with Alderwoman Kilpatrick, Kroll, Easton and Orr voting, "YES". Aldermen Marshall, Walton, and voted, "NO". Motion carried 4--3. Aldermen Johnson Motion by Alderwoman Kilpatrick that Resolution No. adopted, seconded by Alderman Easton. Motion carried Marshall, Walton, and Johnson voting "NO". R96-45 be passed and 4--3 with Aldermen COMMITTEE REPORTS: --Budget/Finance Committee minutes of August 20, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick minutes of August 20, 1996, into the Motion carried 7--0. to enter record, the Budget/Finance Committee seconded by Alderman Walton. --City Council Committee of the Whole minutes of August 20, 1996 were presented. Motion by Alderman Marshall to Whole minutes of August 20, 1996, Kilpatrick. Motion carried 7--0. enter the City Council Committee of the into the record, seconded by Alderwoman --Park Committee minutes of August 8, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick to enter the Park Committee minutes of Minutes of the City Council of Laurel Page 7 Council Meeting of September 3, 1996 --Park Committee minutes of August 22, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick to enter the Park August 22, 1996, into the record, seconded by Alderman 7--0. Committee minutes of Orr. Motion carried --Public Utilities Committee minutes of August 29, 1996 were presented and reviewed. Motion by Alderman Marshall to enter the Public Utilities Committee minutes of August 29, 1996, into the record, seconded by Alderman Johnson. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Rich McFate, Jr. was present as one of the family members who owns the fireworks stand located across the street from the Cenex Refinery and north of the water plant. At the city council meeting on August 20, 1996 Darrell McGillen questioned if the fireworks stand would be in violation with the new zoning code. The code requires location outside the municipal limits of Laurel and in nonresidential zones. Rich is asking if the new zoning code will affect the business and if it does, what are their options? Cal Cumin stated the fireworks stand will not be prohibited. is located at a residence but is not in a residential zone. problem with the fireworks stand in that area. The fireworks stand There will be no Alderman Kroll thanked Mike Atkinson, Chief of Police, and the staff at the police department for showing him around the department and letting him observe their duties as dispatchers, patrol officers, and etc. Alderman Walton, representing the Laurel Volunteer Fire Department, requested permission to display fireworks at the Laurel homecoming game during half time on September 20, 1996. Motion by Alderman Orr to grant permission to the Laurel Volunteer Fire Department to display fireworks at the Laurel homecoming game during half time on September 20, 1996, seconded by Alderman Johnson. Motion carried 7--0. Alderwoman Kilpatrick, representing the Booster Club, requested permission for the club to have a goose drop bingo in the Little League field. The bingo is a fund raiser and will be held on September 20, 1996. Motion by Alderwoman Kilpatrick to grant permission to the Booster Club to have a goose drop bingo in the Little League field on September 20, 1996, seconded by Alderman Orr. Motion carried 7--0. APPOINTMENTS: NONE MAYOR'S COMMENTS: Mayor Rodgets announced that Marion Coleman, Yellowstone County Council of the Aging, would like to address the city council at the October 1, 1996 council meeting. Mayor Rodgets received correspondence from BLM regarding the land exchange on the Clarks Fork River. There being no further business to come meeting was adjourned at 8:43 p.m. before the council at this time, the Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Montana, this 17th day of September, 1996. t~,/~/~~_~ Donald L. Hackmann, City Clerk Council of the City of Laurel, Charles Rodgers, J~