HomeMy WebLinkAboutCity Council Minutes 08.05.2003 MINUTES OF THI CITY COUNCIL OF IAURI L
August 5, 2003
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 Bud Johnson at 6:30 p.m. on August 5, 2003.
COUNCIL MEMBERS PRESENT: Ken Olson Doug Poehls
Gay Easton Mark Mace
Dan Mears Daniel Dart
John Oakes
COUNCIL MEMBERS ABSENT: Lauren Van Roekel
Mayor Johnson asked the council to observe a moment of silence.
Mayor Johnson led the Pledge of Allegiance to the American flag.
MINUTES:
Motion by Alderman Mace to approve the minutes of the regular meeting of July 15, 2003, as
presented, seconded by Alderman Olson. Motion carried 7-0.
CORRESPONDENCE:
Montana League of Cities and Towns: Memo of July 18, 2003, regarding Northwestern Energy
Settlement Offer.
Yellowstone County Air Pollution control: Letter of July 22, 2003 regarding meeting with the
Montana Environmental Information Center (MEIC) of Helena on July 29, 2003.
Cable Montana: Service Reports for June 2003.
Monty and Terri Cherry: Letter of July 21, 2003, requesting permission to file an application to
annex a parcel of land less than the required amount.
Yellowstone Conservation District: Letter of July 25, 2003 regarding appointment of Marieanne
Hanser to the Yellowstone Conservation District Board.
PUBLIC HEARING:
· Public bearing on the 2003-2004 Preliminary Budget (First public hearing held on June
i7, 2003; continued to July 1, 2003; cuntinucd to July 15, 2003; continued to August 5,
2003)
Mayor Johnson opened the public hearing.
Mayor Johnson asked two times if there were any comments. There were none.
Mayor Johnson closed the public hearing.
· Ordinance No. 002-32: City of Laurel Municipal Sign Code. (First reading 06/18/02;
public hearing on 07/16/02; 08/06/02 - set additional public hearing for 08/20/02; public
hearing on 08/20/02; public hearing on 09/03/02; public hearing continued to 11/19/02;
public hearing continued to 01/21/03; public hearing continued to 02/18/03; public hearing
continued to 08/05/03)
Mayor Johnson opened the Public hearing.
Mayor Johnson asked two times if there were any comments. There were none.
Council Minutes of August 5, 2003
The Mayor stated that at the most recent workshop meeting, there was discussion on how to proceed
with the sign code. The council requested that we continue this so they can devote two workshops to
go through it on a line by line basis and decide the process from there.
Motion by Alderman Meats to continue the public heating on the City of Laurel Municipal
Sign Code to September 2} 2003, seconded by Alderman Dart. Motion carried 7-0.
· Public hearing on Resolution No. R03-76: Resolution of intent to create Park Maintenance
District Number 1 in the City of Laurel for the purpose of maintaining the park areas
dedicated in the city limits of the City of Laurel.
Mayor Johnson opened the public hearing.
The Mayor stated Mary Embleton; City Clerk-Treasurer, would give a presentation on the creation
of the Park District. After that anyone wishing to speak can approach the podium and state their
name and address and they will be given three minutes to speak.
Mary Embleton spoke on behalf of the creation of the Park District. This would take the parks out of
the General Fund and place it in its own fund. By doing this, only the costs necessary to develop,
maintain, and improve the parks and pool would be spent from this fund. It would no longer have to
compete with other departments in the General Fund, where parks are generally considered low
priority. If there were available funds at the end of the year, they would carry over to the next year
and also allow the city to start building a reserve for future needs of the parks and pool.
Once created, the district will always be a part of the city's budget. The assessment method chosen
is based on the square footage of lots within the city limits~ It will affect all property owners with an
assessment of one cent per square foot. In the preliminary General Fund budget for 2003-2004, the
parks and pool have projected appropriations of $191,219. In addition, in the CIP Fund, a request
has been made for a Parks Plan, which would cost between $50,000 and $65,000. This plan would
include a comprehensive review of our existing parks, identify needs, and require community input.
This plan will be essential in applications for grants for park and pool improvements.
The parks and pool generate limited revenue and cannot sustain themselves as an enterprise fund.
Over the last four years, they have generated less than $17,000 per year and the expenses far surpass
this figure.
Mary stated that Laurel has an abundance of parks, numbering 17. Whenever a subdivision was
created, a certain amount of land was required to be dedicated as a public park. The City of Laurel
has developed two park locations in the past few years: Laurel Lions Park and Ponderosa Park.
Both projects were completed with the cooperation of community members, who helped with labor
and matching funds.
In closing, Mary stated the Park Maintenance District will accomplish two things for the City of
Laurel: help maintain the General Fund by providing relief; and provide a stable funding source for
the parks and pool. The entire city will benefit by improved parks, by providing for an attractive
community that will bring newcomers into our community.
(A handout was presented as part of the minutes.)
Mayor Johnson stated that the question has been raised about putting this on the ballot, but it has not
been resolved so we will proceed with this hearing. The public was invited to comment.
· Dave Siljestrom, 702 2~aAvenue - Dave feels the tax money should be collected but it should
be used for sewer, water, and street repair. This would free up additional money in the
General Fund to be used in the parks when it's available.
· Janet Johnson, 201 4th Avenue - She doesn't feel the council has shown a need and she wants
to know where the money, is coming from now. Creating a Park District just gives the
council a new avanue to raise taxes. As she understands, once you create a maintenance
district, you can raise the taxes whenever you want. She mentioned there is a Street
Maintenance District and they do not see any street maintenance or repairs anywhere. She
was interested in the letter in the newspaper regarding 8th Avenue and the secondary street.
She said this street is designated an urban route. When she worked for the state, she
surveyed this street and the city has minimal money going into it. She stated that the last
Council Minutes of August 5, 2003
time we were asked to participate; we didn't. When First Avenue was done from here out to
the interstate, the city agreed to do the sidewalks on the west side and the state would do the
east side. Where is our participation? She feels our money is mismanaged, and she would
like to go the route of California and recall everyone sitting here. She is looking at relocating
since she can't see where the money is going. How much money did you save when you
moved Larry McCarm over to the water department, since he is not qualified or certified?
She submitted two pictures showing a personal motor home plugged into the fire department
over the 4th of July and feels this person owes an apology.
The Mayor clarified that the council is currently looking at the Street Maintenance District to allow
for some maintenance to take place. The funding that is available is not keeping up with the decay
that we have to address.
· Laurel Haggart, 806 Wyoming - She said she was shocked when she got the letter. She went
back to her tax statement and she has the Street Maintenance District. The council can get
the money they want and they don't have to ask us. As for the park district, why do we have
two soccer fields? She called and Billings does not do anything to help the YMCA so
apparently we are hiring them to do the swimming pool. She doesn't understand why? She
calculated that there would be a surplus of money and wants to know if it will go for the new
trails along the Big Ditch. It is very difficult when you can't vote and people in Helena are
checking it out for the next legislative session, to go back to the law that would allow us to
vote.
· Susan Carter, 307 6th Avenue - Sue stated we have 17 parks but there are only 11 active parks
so let's look and see which ones even have money spent on them. She doubted that several
of the parks even have lawn mowing done on them. She served on the Park Committee about
20 years ago, so she does know there is a need for the parks. She questions the YMCA's
involvement since they are private and funded by participation of members. If you want to
consolidate, then consolidate everything. Yes, we need a swimming pool and the money
donated by Billie Riddle will help but it will never get it off the ground since it will cost
millions of dollars. We need to start addressing some of our administrative people who don't
live in the city and are taking tax dollars out of the city, yet are telling us we need to raise the
cost of everything in the city. They need to learn what these taxes are costing the people who
live here.
Mayor Johnson clarified that the last two years the city has contracted with the YMCA to provide
management of the pool and it is a fixed amount. The Mayor said they hear a lot about the number
of employees who live outside of the city and currently it is 44%. In today's word, you are not able
to dismiss employees just because they do not live in the city limits. In checking with other
communities, we are not unique in that regard.
· Dan Currier, 206 3raAvenue - Dan questioned the statement in Mary's presentation, which
states that each year, the city must reevaluate the needs of the district and set the assessment
accordingly, to cover the cost. He understands that costs will go up but he wondered if he
would get a letter each year with an itemized list of expenses.
Mayor Johnson said that the Street Maintenance District is not done in this fashion but he feels we
could come up with the information so we could share it with others.
· Phyllis Bromgard, 216 Yellowstone - Phyllis said that the editorial in last week's newspaper
says it all. We don't need our parks maintained. There is a small park on the south side and
hardly anyone knows it's over there. Her streets are a disaster and she has trouble getting
her camping trailer into her driveway because it drags. We need more street work done.
· Loretta dutz, 615 Juniper - Loretta stated that she loves the parks like everybody but maybe
people wouldn't be so against it if we knew exactly what the YMCA is doing with the
swimming pool or what the agreement was. They take in the money and they don't maintain
it, the city does that in the spring. Maybe we could save money on the vehicles the city
drives. There are quit a few pickups that employees drive home and she questioned whether
it is necessary. If the public had more information, maybe they would understand it better.
· Marvin Carter, 307 6th Avenue - Marvin said that when he first heard about the district, he
thought it had real merit. Now he sees the money floating around and nothing earmarked.
He sits on the pool task force and he would like to have seen $50,000 to $75,000 earmarked
for a new pool, but this was not done. He would ask the council to put it on the ballot and
let the people choose.
Council Minutes of August 5, 2003 :
· Dick Metzger, 315 West Avenue - Dick said that you can't fire anyone who lives outside the
city limits but when it comes to hiring, why can't you take into consideration where they live
since they drive city vehicles home. He agrees that work needs to be done on the parks but
he thinks this amount is too much and that it will be worked in with the street department. Is
this amount going to be for both streets and parks or is there going to be another $84 for the
streets?
The Mayor clarified that the Street District and Park District are going to be two separate districts.
At this time, the only thing the council is considering is one cent for the Park Maintenance District.
Dick asked if we are going to continue to farm everything out like we are doing with our
street department now. Why did the city sell all of our street equipment? This is the stuff
that should go in the newspaper so our public knows what is going on. Dick said that when
he calls councilmen and leaves a message, they say they will return the call but they don't.
· Elliott VanBuren, 517 3ra Avenue - Elliott said he has lived here for 10 years and has
watched the street in front of his house erode year by year. He feels our priorities should be
the water and street situations.
Gerald Barker, 705 West ]4th St. - Gerald moved here over a year ago and the first thing he
noticed was not the parks, but how terrible the roads are. The idea of a park district is not
the problem but if you want the support of the public, there needs to be more thought into it.
You need to took at the parks and establish what you want to do with them. He cleans the
sand out of his gutters and he spends money on weed spray so the roads do not deteriorate.
He's trying to prevent having an SID in his neighborhood. You have an increase in water
and streets and he feels people are behind those, but you can't bring all these increases at
once.
· Fran Schweigert, 402 Forrest - Fran wants to know where the money is going. Over the
years he has seen so much money disappear that is said to be somewhere, but it's not there.
Garbage rates went up and we were told we would get a new truck and a half time employee.
He's seen the truck but not the employee. We went to one day a week pickup and were told
that is the way it's going to be and now we're taking cans out of the alleys. We're losing
services again. In the Mayor's letter, he said it saves seven times the amount of money to
maintain a street rather than rebuild it. Why did the city sell the oil distributor and chipper
machine? You need these to fix streets and we only got $500 for the distributor so now we
have to contract the work out and we have to clean up after they do it. In Cherry Hills, you
can't walk offthe street without getting oil on the sidewalk. What about the raise the Utility
Director got when he got the job, a double-digit percentage raise. Public Works Director got
an even larger one. Your utility bill went up and the Utility Director got a new pickup to
drive to Park City and you want more money for the parks. How much money went down
the drain in the river, mismanagement? Just like last fall, we spent thousands of dollars
because the winter line wasn't put in. He thinks money needs to be managed, not like it is
being done now.
· Steven Gray, 607 7th Avenue - He has lived in the same house for 33 years and has seen lots
of tax increases and lots of fees assessed. He now has to work two jobs to maintain his
lifestyle, which isn't much. If he is going to have fees assessed, there should be some
consideration of putting this to the vote of the people.
· Dan Lowell, 1115 8th Avenue - Dan asked what it would take to get an audit on the city.
What about the wages of some of your top people? He saw a water main break and he saw
five city employees, maybe it was because of safety, but then a private contractor came in
and in one day one person did the job. He would also like the city pickups to stay in the city
limits where they belong. You say it is a benefit, but the public did not okay that benefit.
He's sorry to say we are living in a society that rewards failure.
Mayor Johnson stated that an annual audit is done of the city books. In response to the wages, he
said they are working on providing this information.
· Kathryn Staudinger, 804 Wyoming Avenue - Kathryn spoke for the retired people of Laurel.
Gas, electricity, and water have all gone up along with cost of medicine. They are on fixed
income and if this keeps up retired people will not be able to own their own homes.
· Robert Bares, 406 W. 12tn St. - Bob spoke regarding people on fixed incomes and the
taxable reevaluation. He called the county and figured that with the parks and streets, his
assessment could go up by 75%.
Council Minutes of August 5, 2003
· Deanna Riesinger, 201 West Avenue - Deanna said her husband has lived here for 60 years
and about five years ago their taxes were $310, now they are over $1,000. If they go any
higher, you are going to force them to move out of here.
· Dan Currier, 206 3ra Avenue - Dan referenced several parks that have open space and he
asked why we are maintaining them. Why don't we just sell them and use this money to put
into other parks.
Mayor Johnson stated one of the things included in the parks plan is to look at the parks that are not
doing us any good and get rid of them. Currently, we have no basis for selling a park but the plan
would give us a process to proceed if that was the conclusion.
· Phyllis Bromgard, 216 Yellowstone - Phyllis stated that when Billie Riddle donated the
money for the pool, it was her dream to see an indoor pool for the use of older people and
someplace for them to go. Is her dream going to go down the drain?
· Curtis Riemann, 702 W.. Maryland- Curt would like to see this go to the vote of the people.
He can't see the council passing all these tax increases. He feels this is like an open cash
account that can be raised whenever you want.
· Carol VanBuren, 517 3ra Avenue - Carol wondered if it was possible to approve a parks
plan without approving the money, therefore allowing the city to sell these open park
spaces. Then set it up so if you want money in the future, it would have to be with the vote
of the people.
The Mayor stated that part of the dilemma is that we need to try to identify some revenue to do the
parks plan. That is why the council proceeded as they did and brought it forward as a maintenance
district. In regard to the council having free power to access, the Street Maintenance District has
been in place for some time and this is the first time any change in the funding level has even been
considered. It is the one that is lagging considerably.
· Thelma Shay, 511 6th Avenue - Thelma noticed that in the newspaper, all councilmen voted
for it. Won't it go through regardless of what the people say? Thelma said that when the
water rate went through, it didn't make any difference what the people said, it was all cut and
dried.
The Mayor explained that what the council voted on was the beginning of a process to bring it
forward, a resolution of intent. The Mayor said he can't speak for the individual councilmen, but he
does not feel a decision has been made.
· Curt Riemann, 702 W. Maryland- Curt asked for a count of the number of signatUres against
the plan.
Mary Embleton stated them were 2,657 notices mailed and we received, legitimized, and verified
460 letters of protest, which is 17.3%. It was clarified that the petition signatures counted
individually.
· Dan Lowell, 1115 8th Avenue - said they have been told there is no money set aside for the
parks. He wanted clarification of where their tax dollars go. If always used to pay for the
parks, why doesn't it anymore?
Mayor Johnson clarified that there is no revenue attached to the parks plan. By creating a Park
Maintenance District, it gives the ability to dedicate a revenue stream directly to the parks.
Currently it competes with all other General Fund Revenue.
· Lisa Currier, 206 3'a Avenue - Lisa wondered if other avenues have been explored to help
maintain the parks, such as adopt-a-park or have a committee help out with the parks. You
have a street district, are you going to maintain the parks the way you do the streets, throw a
little bit of asphalt in a hole? Lisa questioned whether the intention of this is to get a water
park and if so, she feels you need to be more honest with the public and tell them what your
intentions are.
The Mayor said he doesn't think anyone has any intentions with regard to a water park. If the
community decided, it could be considered in a parks plan.
Council Minutes of August 5, 2003
· Ed Jutz, 615 duniper - Ed said that if you get this money, it would free up what you're
currently spending on the parks right now. What are you going to do with this money? How
much is the Street Maintenance going to raise our taxes? He feels the Street Maintenance
should have been decided before bringing this parks issue forward.
Mayor Johnson said the General Fund budget is using cash reserves of around $150,000 to balance
the budget this year. We're being forced to look at a cut or additional source of revenue. In regard
to the Street Maintenance increase, nothing has been decided and the council is considering what
might be done and at what level.
· Phyllis Bromgard, 216 Yellowstone - Phyllis wanted to know what happened to our sewer
system when Chuck Rodgers was in here. He had it going but now it's dead.
Alderman Dart stated that he has been up nights thinking about this very issue, what the city does
with the monies, what the will of the voters is, and what the taxpayers' voices are saying. One of his
bigger struggles is to put common sense to this whole thing. We're trying to do something and turn
this around in a short period of time. If we're going to dedicate to the improvement of parks, he
personally feels there has to be a plan in place that encompasses a bit of time and some personal
representation with our taxpayers so they know what we are doing, what we are trying to
accomplish, and give ample time for public feedback. He feels this whole process has been rushed
and he is not comfortable with it. What he does on a daily basis, especially in Laurel, is visit with
people on fixed incomes. Some folks scarcely have enough money to afford their prescription drugs
or buy their next week's worth of food. He struggles with what the council's priorities are, he
understands what they have to do with the general budget and that is difficult too. This is not an
easy task, sitting up here. A lot of people would prefer to name call or point fingers but this is not an
easy job either. But again, he wonders how we do things, in the public's perception, and what is
right. For the voters in Ward 3, which he represents, he can't support this at this time. Perhaps it's
unpopular here but that's the way he feels. It's in a very logical manner that he says that he doesn't
feel it has been developed properly. We are going out with a wild guess as to how much money we
need. He feels that if it is put to a vote, he believes it will be defeated.
Alderman Poehls said he would like to address some of the issues. Truthfully, he said he has not
made up his mind yet but heis not as adamant as Dan. He would like to address issues that were
brought up that have nothing to do with Park Maintenance District. Everyone is talking about streets
and earlier this year we discussed it and if we wanted to replace our streets and make them all new, it
would cost nine million dollars. So what can we do with what we have? We are trying to do the
best we can with what we have. For half a cent per square foot or about $30 a year, you get half a
pothole fixed. If we raise it to a penny, maybe we can fill a pothole and get some streets drivable,
but he's not saying they are going to be fixed because we do not have millions of dollars. The lady
who did the survey could probably tell you what it cost for a block of asphalt, all the way down to
the base and everything. It's not cheap.
What we are working toward, as a council, is to get the whole ball working in one place. We've
gone this way and that way but now we have to get it all encompassed. Yes, we're working on water
infrastructure; the water plant will be on line within the month. We've got a $400,000 or $ 500,000
grant we're working on to start working on the sewer system. We're trying to develop a way to do a
little better street maintenance than we are doing now, but $130,000 does not maintain very many
streets. On top of that, we are looking at an economic development person who could go out and
entice new business into Laurel. Hopefully it would work, but we have not made a decision on it
yet. It's one of those balls in the air that we are thinking about. But if this happens and someone
starts promoting this town, what are they going to look at. Sure, they are going to look at streets.
They expect water and sewer. They look at the streets, then the schools, and finally your amenities
such as the parks, pool and things like that. He has not made a decision yet and it depends on the
direction the community gives the council. If you don't want parks, fine, we can save $193,000 by
cutting parks out of the budget. What do the Billings parks look like this year because they did not
water them? That's what our parks will look like. You have to do the whole ball at once.
· Jackson Parker, 711 Wyoming Avenue - Jackson stated he has sat as an alderman and knows
some of the problems the council is facing. What he has to say is reiteration. He has lived
here 83 years and he thinks the city needs priorities. There are too many things that we can't
put a handle on. What is our reevaluation going to be when this is finished? Until we get
answers, we need to establish priorities. Number one is water and then our deplorable streets.
He recalls when the Mayor was contemplating running for office, that he said the streets are
Council Minutes of August 5, 2003
bad. He is not saying that the Mayor is not concerned about them now, but he is appealing to
the Mayor to get our priorities back, water first and then the streets.
Janet Johnson, 201 4th Avenue - She agrees that the streets cost money. The way the streets
have been done for the last 20 years or not done, has been a disservice. There is a reason the
state has maintenance and it is to maintain. We have no maintenance. A gentleman said we
sold all the equipment to the tune of pennies on the dollar. This does not make good business
sense. We are not utilizing the people. She offered videotapes of how to chip seal, how to
use a distributor, how to run a roller and paver. Know what, they did not want them or need
them, they knew it all. Now you see how things are fixed. We turn around and contract this
stuff out for lots of money and no one inspects it. The road behind the fire station is out of
grade already. No one inspected it. If you can't drive to the dang parks, what are you going
to do with them?
· Curt Riemann, 702 W. Maryland- Curt responded to Alderman Poehls' comment that if they
don't like that, they'll take the $193,000 away and not spend anything on parks. He said we
are not being factious.
· Wally Shay, 511 6a Avenue - Wally said he agrees with most everything that has been said
but he did want to compliment the council on the fact that we have the best looking cemetery
in the state. The people taking care of it are doing an excellent job. He wishes the parks
could go right along with it.
Mayor Johnson asked three times for any further comments. There were none.
Mayor Johnson closed the public hearing.
CONSENT ITEMS:
· Claims for the month of July 2003 in the amount of $ 400,608.71.
A complete listing of the claims and their amounts is on file in the Clerk-Treasurer's Office.
· Approval of Payroll Register for PPE 07/20/03 totaling $120,937.32.
· Receiving the Committee Reports into the Record.
--Budget/Finance Committee minutes of July 1, 2003 were presented.
--Council Workshop minutes of July 29, 2003 were presented.
· Resolutions.
Resolution No. R03-78: Authorizing the Mayor to sign a resolution form for the State
and Federal Surplus Programs.
Resolution No. R03-79: A resolution approving agreements between the City of Laurel
and Laurel Urban Fire Service Area (LUFSA), said agreements relating to fire
protection.
Resolution No. R03-80: A resolution authorizing the Mayor to sign Amendment No. 2
for the Professional Services Agreement with HKM Engineering, Inc., for the new
water intake.
Resolution No. R03-81: Resolution authorizing the Mayor to sign a Tower Lease
Agreement with ICELAND for a police repeater site.
The mayor asked if there was any separation of consent items. There was none.
Motion by Alderman Olson to approve the consent items as presented, seconded by
Alderman Poehls. Motion carried 7-0.
CEREMONIAL CALENDAR: None.
REPORTS OF BOARDS AND COMMISSIONS: Senior Helping Hands - Christiana Sikora
Council Minutes of August 5, 2003
Mayor Johnson introduced Christiana Sikom, the Executive Director of Senior Helping Hands of
Billings.
Christiana stated Senior Helping Hands is a licensed home health agency that serves individuals over
60 years of age in their homes. The people they serve have lost a lot of their ability to care for
themselves, mostly physical but also they have no family members around to help care for them.
The only thing they have left is their home and this is really where they want to stay. Unfortunately,
in-home care is very expensive and Senior Helping Hands is the only organization in several
counties who serves seniors based on their ability to pay. One and one half years ago, 50% of the
clients they served were still able to pay full price for the services they offer. That has changed to
where 50% of their clients pay nothing at all. This is due in part to higher energy costs, rent, and
higher taxes. They are trying to live on $600 to $700 per month. Laurel currently has about 10
elderly people on a waiting list who have had their needs assessed, but Senior Helping Hands is
unable to serve them at the moment. In addition to drastic reduction of program income, they have
been cut $15,000 by the state. In the past Laurel has been donating $700 to the program and she was
going to ask for an increase in the contribution in order to get one or two of the most urgent folks off
the waiting list. She said the organization is very frugal. They have a 13% administration and fund
raising budget and the rest all goes to client services. They do a lot of lot of fund raising and grant
writing in order to try and secure additional funds. The Scott Foundation has promised them a grant
of $5,000 if, by the end of December, they can raise $15,000 in matching funds. If the City of
Laurel would consent to give an additional $300, this would count toward the match. In reference to
a question, Christianna stated that approximately $6,000 was spent in Laurel last year.
COMMUNITY ANNOUNCEMENTS (ONE-MINUTE LIMIT): None.
SCHEDULED MATTERS:
· Confirmation of Appointments.
Ci~. Clerk-Treasurer:
Mayor Johnson appointed Mary Embleton as clerk-treasurer for the City of Laurel through
December 31, 2003.
Motion by Alderman Dart to approve the appointment of Mary Embleton as clerk-treasurer
for the City of Laurel to run through December 31, 2003, seconded by Alderman Olson.
Alderman Olson stated that Mary has been on the Budget/Finance Committee as long as he has and
she has been very pleasant to work with. She shows extreme professionalism and she is an asset to
the city.
Motion carried 7-0.
Yellowstone Conservation District Board:
Mayor Johnson appointed Marieanne Hanser to a three-year term, ending June 30, 2006, on the
Yellowstone Conservation District Board.
Motion by Alderman Dart to approve the appointment of Marieanne Hanser to a three-year
term, ending June 30, 2006, on the Yellowstone Conservation District Board, seconded by Alderman
Mace. Motion carried 7-0.
Ambulance Attendant:
Mayor Johnson appointed Elliott Grayson as an ambulance attendant.
Motion by Alderman Dart to approve the appointment of Elliott Grayson as an ambulance
attendant, seconded by Alderman Poehls. Motion carried 7-0.
· Request from Monty and Terri Cherry for approval to proceed with the annexation
process for less than the required amount of land - 403 Laurmac Lane.
Council Minutes of August 5, 2003
Motion by Alderman Poehls to approve the request from Monty and Terri Cherry to proceed
with the annexation process for less than the required amount of land at 403 Laurmac Lane,
seconded by Alderman Olson. Motion carried 7-0.
Ordinance No. 003-04: Ordinance amending Chapter 17.62 of the Laurel Municipal
Code relating to Conditional Use Permit. Second reading.
Motion by Alderman Oakes to adopt Ordinance No. 003-04, seconded by Alderman Meats.
A roll call vote was taken on the motion. All seven aldermen in attendance voted aye. Motion
carried 7-0.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT):
· Deanna Riesinger, 201 West Avenue, stated her concern is with Schessler's. Three years ago
she took a picture of the dirt in the air by her home into the EPA and they immediately had
Schessler's permit revoked from doing any business on this premise. Three days later,
Mayor Rodgers reinstated their permit, called the EPA and said that any businesses in the
state of Montana supersede the health and welfare of any residential community. She said
they have really suffered at the hands of this man. He comes in at all hours of the night, he
wakes them up and their children can't sleep at night. It has been a horrible situation and she
has called Bob Schessler and told him he is a bad neighbor and he needs to get his act
together so they can live in peace. Her husband has been on their property 65 years, which is
25 years longer than what this business has been in operation. She is asking the council to
either uphold the EPA's findings, or if you choose Mayor Rodgers' action, she wants a city
noise ordinance enforced so he can't come in at 6 a.m. and start his equipment.
· Jean Kerr provided a handout for all councilmen, asking for a pay increase. She pointed out
that she tried to stretch the court dollars, order restitutions, and she returned money to the
General Fund at year's end. She did not receive a wage increase last year and it is not in the
budget for the upcoming year, neither has she received a cost of living increase. By
ordinance, she is dictated to live within the city limits, which means she pays her taxes and
supports the other taxes. Many of the other top wage earners do not live in the city and do
not pay what she pays to support this town. The federal government started issuing tax
refund checks two weeks ago and she does not qualify because she makes under $25,000 and
does not pay enough taxes but she does qualify for reduced hot lunches at the school. She is
full time, has the education, and makes the commitment to the city and feels she deserves a
decent wage, a cost of living increase and a longevity increase. The court will never be a
part-time position again due to the increase in population. She presented statistics and stated
the difference between the cost of the court and the revenues was to the plus of $40,172.59.
She feels this would cover the cost of a wage increase for herself.
COUNCIL DISCUSSION:
The Mayor reported the Board of Health is contemplating a joint project with Saint John's Lutheran
Home to establish a hospice facility on the Saint John's property in west Billings. He also reported
touring the Horizon Hospice Home in Billings Heights and was pleased to find Wade King, who has
roots in Laurel, part of the management staff. The Health Department is very good at matching
revenues with needs.
· Review of Committee Minutes: None
UNSCHEDULED MATTERS: None
There being no further business to come before the council at this time, the meeting was adjourned at
8:05 p.m.
Cathy Gahi~an, Deputy Clerk
Council Minutes of August 5, 2003
Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 19th day
of August, 2003.
Attest:
Mary K. ~i[bleton, Clerk-Treasurer
10
City of Laurel
Council Presentation
Proposed Park Maintenance Di, trict No. 1
August $, 2003
A Park Maintenance District would be kept in a totally separate fund. This allows the
city to generate revenue for an identified need. Only those costs necessary to develop,
maintain, and improve the parks and pool would be spent from this fund_ If there is
money let~ at the end of a year, that money would stay in the fund so that it could be used
next year, or saved for a capital purchase, such as new playground equipment, trees,
sprinkler system, etc. By virtue of this totally separate fund, the city has the ability to
start building a reserve, or savings account for the future needs of the parks and pool.
A Park Maintenance District, once created, will be a part of the city's budget for as long
as there are parks and a pool to be maintained and improved. The assessment method
chosen is based on the square footage of lots owned within the city limits. Thus, the
public parks are supported by everyone owning property in the city. The assessment
being considered is valued at 1 ¢ per square foot of lot, up to a maxim~an size of 40,000
square feet. If your lot size is 30 x 140 feet, your square footage is 4200, and therefore
the assessment is $42.00 for the year ($3.50 per month). E~:h year, the city must
evaluate the needs of the district, and set the assessment accorrllngly to cover the costs to
develop, main, and improve the district.
Montana law provides for creation of this type of district. The city followed the
provisions outlined in MCA 7-12-4104, 4106, 4110 - 4114. Copies of these codes are
available at this hearing.
The City of Laurel has 17 parks. Historically, whenever a subdivision was created, a
certain mount of land was required to be dedicated as a public park. When the city then
annexed the subdivision, the park became the city's responsibility. However, the trend is
changing, and this dedicated land can either be used for tmil~, or even substituted for a
monetary value to be used, for example, for an existhig park. If and when the city
annexes adjacent subdivisions, the initial cost will be high to provide the essential
services (water and sewer) to the property. It is likely that the city will also "inherit"
another park to maintain.
Currently, the swimming pool and the parks are funded mainly by the General Fund. The
following is a 4-year history of those costs:
Personnel Costs $83,3481 $95,2861 $54,284t $101
Operation and Maintenance $52,042 $116,600 $81,028 $65,095
Capital/Construction $10,925 $20,661 $3,132 $27,344
TOTAL $146,313 $232,547 $138,444 $193,703
In the proposed General Fund Budget for 2003-2004, the parks and pool have projected
appropriations of $191,219. There are no additional personnel planned at this time. Also
requested for the 2003-2004 budget is a Parks Plan, which is estimated at and additional
cost of between $50,000 and $65,000. This plan is expected include a comprehensive
review of the existing parks, identify the needs of the parks in terms of equipmant, trees,
etc., and would require community input. The plan will be essential in applications for
grants for park and pool improvements.
As part of the General Fund, the Parks department (which is 8% of the General Fund)
competes for funding with the other major departments, such as the Police, Ambulance,
Fire, Court, Clerk/Treasurer, Cemetery, Public Works, and other administrative .
departments. Becanse the General Fund Revenues are limited, the Parks department is
limited as to what can be spent and is generally considered as Iow priority. This limited
spending is beginning to show in terms of deterioration of equipment and grounds.
The parks and pool produce limited revenue, so they cannot sustain themselves as an
enterprise fund. In the last 4 years, the parks and pool have generated a total of $67,621
($11,761 in 99-00, $16,114 in 00-01, $20,384 in 01-02, and $19,362 in 02-03). That's an
average of less than $17,000 per year.
For the last several years, the City of Laurel h~ recogniTed the need for a new swimming
pool. Improvements have been rn~rle to the existing pool to maintain the use of the
facility. In 2000-2001, the city received a generous donation l~om the estate of Billie
Riddle in the amount of $89,629.85 "for its nsc in building a new swimming pool". As of
June 30, 2002, this money is earning interest and in a separate fund, totaling $106,567.23.
With the help ora Parks Plan and the Swimming Pool Task Force, the city can determine
the best course of action to obtain a new pool or water park.
The City of Laurel has developed two park locations in the last several years: Laurel
Lions Family Park (South Pond), and Ponderosa Park (soccer field). Both projects were
completed using cooperation with other commuaity members, i.e. the Laurel Lions Club
helped with labor and matoking funds for the grant to develop the South Pond project,
and School District 7 provided additional funding and splits the maintenance costs for the
soccer field park development, which was also funded with grant monies.
The City of Laurel is working with the Laurel YMCA to provide recreational programs.
The Y also manages the swimming pool during the summer, and has tried to provide a
skate park l~rogram.
A Park Maintenance District would accomplish two things for the City of Laurel: Help
maintain the General Fund by providing relief; and provide a stable funding source for
the parks and pool to provide development, maintenance, and improvements. The entire
.city will benefit by improving the parks, by providing for an attractive community. Tiffs
is a quality of life trait that will bring newcomers into the community.
rar~ ~ame Page 1 of 2
Park Name & Location ]
Equipment
&
Activities
~Riversidel Park Camping ($13 - $15 / day), Horseshoe Pits, Fishing,
Highway 12 & Yellowstone River Volleyball, Bathrooms, Showers, Picnic Areas,
Barbeque Pits, Laurel Rod & Gun Club
Russell Park Playground Equipment, Picnic
Maple Avenue & South 5th Street Areas
Picnic Shelter, Picnic Areas, Barbeque Pits, PlaygroundI
Thomson Equipment, Swimming Pool, Horseshoe Pits,
Park 1 st Volleyball, Bathrooms, Baseball/Softball Fields,
Avenue North & East 6th Street I ITennis Courts, Skateboard Park [
Kiwanis Playground
Park 2nd Equipment, Horseshoe Pits
Avenue North & Mountain View Lane
Murray Iteights I[
Park 5th Avenue Soccer Field, Playground Equipment
North & West 13th Street
Emma Murray Open Space
Park North 4th
Avenue & Grandview Lane
Cherry Hills
Park 13th Open Space
Avenue North & West 12th Street
Nutting
Park Alder Playground Equipment, Baseball/Softball Field
Avenue & East 6th Street
Rotary Park
Birch Picnic Areas
Avenue & East Main Street
Veterans Park
Colorado Avenue & East 1 st Street World War II Monument
Mayors Park Open
Washington Ave & East I st Street Space
Washington Park Open Space
Washington Avenue & East 9th Street
Fireman's Park Chamber of Commerce, Picnic Areas,, Elsie Johnston
South 1st Avenue & East Main Street Memorial (}arden, Chief Joseph Mounmcnt, Veterans
, Monument
Lions Family Park I Picnic Shelter, Picnic Areas, Fishing, Nature Trail,
South 8th AvenueI Bathrooms
& East Railroad Street
Fireman's Memorial Park State of Montana
North 2~d Avenue & West 1 st Street Fireman's Monument
Alder Park
Atchison Drive & Santa Fe Drive Wetlands
Soccer Field
Park Fir Avenue Soccer Field, Open Space
& East 8th Street
II
7-12-4104. Resolution of intention to create special improvement distr/ct. Page 1 of 1
MCA Contents Search Part Contents
7-12-4104. Resolution of intention to create special improvement district. (1) Before creating any special
improvement dislrict for thc purpose of making any of the improvements or acquiring any private property for
any purpose authorized by this part, the city council shall pass a resolution of intention to do so.
(2) The resolution shall: .
(a) designate the amber of such dis~ict;
(b) describe the boundaries thereof;
(c) state therein the general character of the improvement or improvements which are to be made and an
approximate estimate oft_he cost thereof; and
(d) specify the method or methods by which the costs of the improvements will be assessed against property
in the district.
(3) When any improvement is to be made in paving, the city or tom council may, in describing the general
character of it in the resolution, describe several kinds of paving.
History: Ea. Sec. 3, Ch. 89, L. 1913; amd. See. 2, Ch. 142, L. 1915; re-ea. Sec. 5227, ILC.M. 1921; re-ea. See. 5227, R.C.M.
1935; amd. Sec. 1, Ch. 261, L. 1959; 1LC.M. I947, 11-2204(1); amd. Sec. 28, Ch. 665, L. 1985.
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7-12-4106. Notice of passage of resolution of intention. Page 1 of 1 ,'
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7-12-4106. Notice of passage of resolution of intention. (1) Upon having passed the resolution of intention
pursuant to 7-12-4104, the council shall give notice of the passage of the resolution of intention.
(2) The notice must be published as provided in 7-1-2121. A copy of the notice must be mailed to each
person, finn, or corporation or the agent of the person, firm, or corporation having real property within the
proposed district listed in the owner's name upon the last-completed assessment roll for state, county, and
school district taxes, at the owner's last-known address, upon the same day that the notice is first published or
posted.
(3) (a) The notice must describe the general character of the proposed improvements, state the estimated cost
of the improvements, describe generally the method by which the costs of the improvements will be assessed,
and designate the time when and the place where the council will hear and pass upon all written protests that
may be made against the making or acquisition of the improvements or the creation of the district.
(b) If the revolving fund is to be pledged to secure the payment of bonds and warrants, the notice must
include a statement that; subject to the limitations in 7-12-4222:
(i) the general fund of the city or town may be used to provide loans to the revolving fund; or
(ii) a general tax levy may be imposed on all taxable property in the city or town to meet the financial
requirements of the revolving fund.
(c) The notice must refer to the resolution on file in the office of the city clerk for the description of the
boundaries. If the proposal is for the purchase of an existing improvement, the notice must state the exact
purchase price of the existing improvement.
ttistory: En. Sec. 3, Ch. 89, L. 1913; amd. Sec. 2, Ch. 142, L. 1915; re-eh. Sec. 5227, R.C.M. 1921; re-em Sec. 5227, R.C.M.
1935; amd. Sec. 1, Ch. 261, L. 1959; tLC.M. 1947, 11-2204(part); amd. Sec. 29, Ch. 665, L. 1985; amd. Sec. 7, Ch. 229, L. 1995.
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7-12-4110. Protest against proposed work or district. Page 1 of 1
MCA Contents Search Part Contents
7-12-4110. Protest against proposed work or district. (1) At any time within 15 days after the date of the
f~rst publication of the notice of the passage of the resolution of intention, any owner of property liable to be
assessed for said work may make written protest against the proposed work or against the extent or creation of
the district to be assessed or both.
(2) Such protest must be in writing, identify the property in the district owned by the protestor, and be signed
by all the owners of the property. The protest must be delivered to the clerk of the city or town council or
commission not later than 5 p.m. of the last day within said 15-day period. Said clerk shall endorse thereon the
date and hour of its receipt by him.
ltistory: En. See. 5, Ch. 89, L. 1913; amd. Sec. 3, Ch. 142, L. 1915; re-eh. See. 5229, R.C.M. 1921; amd. Sec. 2, Ch. 135, L.
1923; re-eh. Sec. 5229, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1939; amd. Sec. 1, Ch. 149; L. 1969; R.C.M. 1947, 11-2206(1); amd.
Sec. 31, Ch. 665, L. 1985.
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7-12-4112. Flearing on protest. Page 1 o$1 · '
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%12-4112. Hearing on protest. (1) At the next regular meeting of the city or town council or commission
after the expiration of the time within which said protest may be made, the city or town council or commission
shall proceed to hear and pass upon all protests so made, and its decision shall be f'ma/and conclusive.
(2) The council or commission may adjourn said hearing from t/me to time. Protestants shall have the right
to withdraw protest or protests al any time before f~nsl action thereon by the council or commission.
(3) In determining whether or not sufficient protests have been 51ed on a proposed dislzict to prevent further
proceedings therein, property owned by a county, city, or tom shall be considered to the same effect as other
property in the proposed district.
History: En. Sec. 5, Ch. 89, L; 1913; amd. Sec. 3, Ch. 142, L. 1915; re-en. Sec. 5229, R.C.M. 1921; amd. Sec. 2, Ch. 135, L.
1923; re-eh. See. 5229, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1939; amd. Sec. 1, Ch. 149, L. 1969; 1LC.M. 1947, 11-2206(part).
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7-12-4113. Sufficient protest to bar proceedings-- exceptions. Page 1 of 1
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%12-4113. Sufficient protest to bar proceedings - exceptions. (1) Except as provided in subsections (2)
and (3), no further proceedings shall be taken for a period of 6 months ~om the date when said protest shall
have been received by said clerk of the city or town council or commission when:
(a) the council or commission finds that such protest is made by the owners of property in the district to bc
assessed for more th~n 50% of the cost of the proposed work, in accordance with the method or methods of
assessment described in the resolution of intantien; or
(b) the cost thereof is to be assessed upon the property within an extended dislrict and the council or
commission finds that such protest is made by the owners of more than 50% of the area of the property to be
assessed for said improvements.
(2) The council or commission shall have the fight to overrule any and al/objections and pave the proposed
block with gravel and oil surface when the improvement proposed is the paving, with necessary incidentals, of
not more than one cross block to connect with streets or avenues already paved for a continuous distance of
three blocks or more r~mnlng at a right angle (or substantially so) with the single cross block so proposed to be
paved.
(3) In case the improvement is the construction ora sanitary sewer, such protest may be overruled by an
affirmative vote of a majority of the members of the council or commission unless such protest is made by the
owners of property in the district to be assessed for more than 75% of the cost of the district, in accordance with
'~e methods of assessment described in the resolution of intention, in wtfich event the protest must be sustained
as to the construction of such sanitary sewer.
ttistory: En. Soo. 5, Ch. 89, L. 1913; amd. Sec. 3, Ch. 142, L. 1915; re-~n. Sec. 5229, R.C.M. 1921; amd. Sec. 2, Ch. 135, L.
1923; re-ch. Sec. 5229, R.C.M. 1935; amd. Sec. 1, Ch. 36, L. 1939; amd. Sec. 1, Ch. 149, L. 1969; ILC.M. 1947, ll-2206(par0; amd.
Sec. 32, Ch. 665, L. 1985.
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7-12-41 I4. Resolution creating special improvement district. Page 1 oi 1 ~
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%12-4114. Resolution creating special improvement district. When no protests have been delivered to the
clerk oft. he city council within 15 days after the date of the first publication of the notice of the passing of the
resolution of intention, when a protest shall have been found by said council to be insufficient or shall have
been overruled, or when a protest against the extent of the proposed dislrict shall have been heard and denied,
immediately thereupon, the council shall be deemed to have acquired jurisdiction to order the proposed
improvements. Before ordering any of said proposed improvements, the council shall pass a resolution creating
the special improvement dislrict in accordance with the resolution of intention theretofore introduced and
passed by the council.
History: Eh. Sec. 6, Ch. 89, L. 1913; amd. Sec. 4, Ch. 142, L. 1915; re-eh. Sec. 5230, R.C.M. 1921; re-eh. Sec. 5230, R.C.M.
1935; R.C3vl. 1947, 11-2207.
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