Loading...
HomeMy WebLinkAboutCity Council Minutes 07.03.1996Minutes of the City Council of Laurel July 2, 1996 A regular meeting of held in the Council Chambers and called p.m., on July 2, 1996. COUNCIL MEMBERS PRESENT: the City Council of the City of Laurel, Montana, was to order by Mayor Chuck Rodgets at 7:00 Gay Easton Bud Johnson John Minch Miles Walton Ron Marshall Dirk Kroll Donna Kilpatrick Chuck Dickerson COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderwoman Kilpatrick. MINUTES: Motion by Alderman Marshall to approve of June 18, 1996, as presented, seconded carried 8--0. CORRESPONDENCE: Received a letter from the Montana Department Safety. Received a letter of resignation 1996. the minutes of the by Alderwoman regular meeting Kilpatrick. Motion of Transportation Rail-Highway from Alderman Dickerson, effective July 12, seconded by Alderman Kroll. as needed for new business 1996-97 business licenses as Motion carried Motion by Alderman Dickerson to approve the presented, The License Committee meetings are scheduled licenses. Alderman Dickerson mentioned that there wasn't a quorum at the License Committee meeting, however, he and Dirk Kroll did review the business licenses and saw no problems. He stated that in the past when there were applications for business licenses, a License Committee meeting was called. They would review the license request, make sure all requirements were met, and act on it. The committee would then make a recommendation to the council. He feels the city needs to again continue this action in order to keep control. that Resolution No. R96-23 be passed Motion carried 8--0. and 1996-97 BUSINESS LICENSES: Motion by Alderwoman Kilpatrick adopted, seconded by Alderman Johnson. Motion by Alderman Johnson to accept Alderman Dickerson's resignation, effective July 12, 1996, seconded by Alderman Marshall. Motion carried 8--0. Motion by Alderman Marshall to advertise in the Laurel Outlook for letters of interest from people in Ward 3, seconded by Alderman Dickerson. Motion carried 8--0. Don Hackmann commented that the council has thirty days from July 12, 1996 to appoint an Alderman for Ward 3. The vacancy will be advertised in the Laurel Outlook on July 17, 1996 and July 24, 1996. Letters of interest will be sent to Don Hackmann, City Clerk, with a deadline of July 31, 1996. Don will distribute copies to the councilmen for their review and the council will make a selection at the August 6, 1996 council meeting. Alderman Dickerson's term will expire on January 5, 1998. FINAL PLAT OF FIGGINS SUBDIVISION: The City Council took no action. The subdivision is located in the county and has already been acted on by the county. PURCHASE OF THE ARDEN PROPERTY: RESOLUTION NO. R96-23 A RESOLUTION APPROVING AN OFFER TO PURCHASE REAL PROPERTY Minutes of the City Council of Laurel Page 2 Council Meeting of July 2, 1996 COMMITTEE REPORTS: --Budget/Finance Committee minutes of June 18, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick to enter the Budget/Finance Committee minutes of June 18, 1996, into the record, seconded by Alderman Johnson. Motion carried 8--0. --City Council Committee of the Whole minutes of June 18, 1996 were presented. Motion by Alderwoman Kilpatrick to enter the City Council Committee of the Whole minutes of June 18, 1996, into the record, seconded by Alderman Johnson. Motion carried 8--0. --Laurel Airport Authority minutes of March 18, 1996, April 23, 1996, and May 28, 1996 were presented. Motion by Alderman Marshall to enter the Laurel Airport Authority of March 18, 1996, April 23, 1996, and May 28, 1996, into the record, by Alderman Minch. Motion carried 8--0. minutes seconded --Park Committee minutes of June 27, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick to enter the Park Committee minutes of June 27, 1996, into the record,seconded by Alderman Walton. Motion carried 8--0. --Street/Alley & Solid Waste Committee minutes of June 19, 1996 were presented and reviewed. Motion by Alderman Easton to enter the Street/Alley & Solid Waste Committee minutes of June 19, 1996, into the record, seconded by Alderman Johnson. Motion carried 8--0. --Street/Alley & Solid Waste Committee minutes of June 26, 1996 were presented and reviewed. Discussion regarding the placement of a permanent landscape on public right-of-way on South 7th Avenue at the Caboose Saloon by Mr. Fink. He installed an 18" concrete wall with a bronze statue of a moose placed, approximately 9' into the public right-of-way. Alderman Minch stated he hasn't experienced any view obstruction from the moose while entering West Main from South 7th Avenue. There is more view obstruction when a beer truck or semi is parked at the Caboose Saloon. Jim Flisrand contacted Mr. Fink when he saw the concrete work being done on the project. Jim had indicated he would take the situation to the Street/Alley Committee for review. Mr. Fink chose to continue and finish the construction as the committee reviewed it. Alderman Marshall commented that as rule of thumb, an encroachment is allowed when there is absolutely no other way to do it. An encroachment was allowed to H & R Block for a handicap concrete ramp, to Coast to Coast and Jim's Small Engine Repair for displaying of merchandise, and to a home owner on the east side of town who had an addition to their house built on public right-of-way. Alderman Easton stated there is a difference right-of-way that are movable or permanent. requires a permit before construction is done, Mr. Fink. between items placed on public The city has an ordinance that which may have been overlooked by Terry Fink stated he didn't think a permit had to be obtained because he thought he had a 4' right-of-way with a sidewalk and a curb. He extended the sidewalk and curb and came around the corner with it. He didn't feel he would have any problem with it because he was putting in a lawn and making it look nice without view obstruction. He stated the moose can be removed. He doesn't feel there is any blockage of visibility from either way. Jim Flisrand stated a permit should be obtained when putting anything on public right-of-way. The city ordinance doesn't generally allow construction on public right-of-way. Landscaping is permissible, but there is a difference regarding what is considered landscaping or what is a permanent structure. This should have been resolved along with the concern of visibility. The concrete may not be landscaping, but should have been a judgement made by the committee. The concrete is not above 3', which is the concern of obstructing the view. If there was a concern for view obstruction, then a traffic study would be considered. Minutes of the City Council of Laurel Page 3 Council Meeting of July 2, 1996 Jim stated another issue regarding this intersection is that it is controlled with a stop sign. If it was an uncontrolled intersection, there would be no question that there would be a safety problem. The average speed is 25 mph and a car would be back thirty to sixty feet, depending on the speed, as they look both ways and continue through the intersection. Alderman Marshall suggested the city be consistent in charging an encroachment fee and require an annual review. The structure looks nice in front of the business, but the city is dealing with the matter of being on public right-of-way. Mayor Rodgers stated he drove by the place several times and found no view obstruction. He feels it adds a degree of beauty to the community. Terry Fink feels every situation is different and beautification to the city and community. He stated they, at the safety issue regarding obstructing the view. this project is a first of all, looked Alderman Easton stated the view is obstructed when a vehicle is parked on the street in front of the business. Terry pointed out that there is the same type of problem on West Main and South 5th Street when vehicles are parked along the north side of Helena Chemical. Joe Leckie stated that if the city allows the encroachment and at a later date it is deemed to be an obstruction that attributes to an accident, then the city could be held liable. Joe asked Terry if he would be willing to sign an indemnification agreement with the city. Terry said yes, and he is also willing to sign an agreement that if the city wants it to be moved in the future, he will remove it. Joe mentioned that the decision to remove it would be part of the review for the encroachment permit. The city cannot give Terry permission tonight. He advised Terry to make application for an encroachment permit which would be renewed and subject for review every year. Terry expressed that he didn't like the idea that he should have to pay $50.00 each year for beautification of the boulevard, when it is a big improvement over what it looked like before. Joe explained that the structure, being on public right-of-way, falls within the requirements of having an encroachment permit in order to remain there. These are the same guidelines for anyone with an encroachment. Without the permit, the moose is in violation by being located there and is an unauthorized encroachment on public right-of-way. This is a contributing factor to accidents. If there is an accident, then Terry is liable for having the moose there in violation of not having an encroachment permit. By having a permit, this is one less element present and the individual would have to show that the moose contributed to the accident because of obstruction. Terry Fink will obtain an encroachment permit. No action was taken at this time. Motion by Alderman Easton to enter the Street/Alley & Solid Waste minutes of June 26, 1996, into the record, seconded by Alderman Minch. carried 8--0. Committee Motion COMMENTS FROM THE AUDIENCE: Alderman Dickerson stated that serving on the City Council has been a pleasure and a challenge for him. He enjoyed it and has gotten a lot of gratification from it. He enjoyed the accomplishments that have been made while serving on the council. He thanked everyone for their support, because it is a challenging job and for their friendship. He wished them good luck in the future. Alderman Easton wished Alderman Dickerson good luck. Mayor Rodgers expressed his appreciation for the work that Alderman Dickerson has done. He was always right there to do what had been asked of him. Jennifer Keiling - Drive-Thru EsDresso Jennifer came before the council regarding her proposal to put a temporary building within the city for an espresso coffee shop. She is requesting to put the espresso stand on South First Avenue, on the Conoco property. It would be on the northwest corner of the property, using the same entrance as the north entrance to Conoco. She stated she has been before the City/County Plannin~ Board Committee and has Minutes of the City Council of Laurel Page 4 Council Meeting of July 2, 1996 Jim Flisrand mentioned that Cal Cumin had presented a rough draft of proposed changes and additions to the ordinances. Cal Cumin stated that he drafted a proposed zone ordinance for temporary uses, broken down in three categories; forty-eight hours, longer than forty-eight hours but less that thirty days, and for longer than thirty days but less than one year. At the next Planning-Board meeting, it will be decided if the ordinance will be refined or stand as ok. He will present the ordinance to the council at the second council meeting in August. Cal expressed that one of Jennifer's concerns regarding locating a temporary structure on a lot, is the requirement to have the lot paved and provide an access. She was hoping for a six month or a year exemption from this requirement. Jennifer stated that her reason for an exemption is because it is a temporary building. She does not own the land. She cannot ensure how long she will have the espresso located there. In the proposal for temporary buildings, it reads that she has up to two years to remove or become a permanent structure. Therefore, it doesn't seem justified to put $3,000.00 or $4,000.00 into a paved lot and driveway, on a piece of land that she may not remain on for more than six months. She has driven throughout Laurel and counted twenty-five businesses that have been operating daily for a long time and have only gravel parking lots. She is asking why a temporary business, such as hers, is being asked to invest a lot of money to save roads when the business next door to her has been there anywhere from three to twenty years and generates a lot of business and is ruining the roads? Cal stated the issue of having a six month temporary exemption will come before the Planning Board and a recommendation will be given to the coancil. He noted that issues like this only come up when there are new businesses. New businesses today would require a paved parking lot. The fact that a business has been there a while comes under a grandfather clause. Mayor Rogers told Jennifer that the council will address this issue. Public Utilities Committee Alderman Dickerson recommended cancelling the Public Utilities Committee on Monday, July 8, 1996 at 5:30 p.m. due to the special council meeting to be held at 6:00 p.m. Jim will reschedule the meeting if there is a need. APPOINTMENTS: Mark Guy has completed his 1 year probationary period and Mayor Hodgets appointed him as a police officer effective June 5, 1996. Motion by Alderman Marshall to confirm the appointment of Mark Guy as a police officer, effective June 5, 1996, seconded by Alderman Walton, Motion carried 8--0. MAYORS COMMENTS: Mayor Rodgets wished everyone a happy and safe 4th of July. There being no further business to come before the council at this time, the meeting was adjourned at 7:54 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 16th day of July, 1996. Donald L. Hackmann, City Clerk a~rle~s Rodge~or