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HomeMy WebLinkAboutPublic Works Committee Minutes 09.08.2003DRAFT MINUTES PUBLIC WORKS COMMITTEE SEPTEMBER 8, 2003 COUNCIL CHAMBERS MEMBERS PRESENT: Mark Mace Dave Siljestrom Marvin Carter Lorraine Craig William Staudinger John Oakes OTI-IEKS PRESENT: Steve Klotz, Public Works Director Cheryll Lund, Secretary Rick Musson, Police Chief Gary Colley, Code Enforcement Jean Kerr, City Judge Eugene Tuka Mark Mace opened the meeting as the interim Chairman while Gay Easton is absent. Motion by Lorraine Craig, second by John Oakes to approve the minutes of the August 11, 2003 meeting. Motion carried. Public Input Mark asked the audience if anyone wanted to speak during this time. No one spoke. Discussion on Nuisance Vehicle Ordinance Draft Steve encouraged the committee to look at the draft and give him input. This Ordinance will replace 8.12. Question on existing ordinances regarding the penalty amounts. General maximum penalty is $500 per day with 6 months jail time. The judge can adjust the penalty as she sees it fits the violation. The committee is looking at the Nuisance Vehicle Ordinance because of a case that was brought before Judge Kerr in regards to a complaint at a house on 13th Avenue that had several junk vehicles in the yard that were in plain view of the neighbors. (Steve passed out pictures of the property) At this time Judge Kerr spoke. When this case came before her the defendant questioned his right as a property owner to be allowed to do what he wanted on his own property. She fek that the defendant also brought other issues forward that were not defined well in the ordinance. Because of that she has come to the Committee to help with the re-writing of the nuisance ordinances. Bill Staudinger thinks that the state passed a law that says if you have more than 3 vehicles you are considered a junkyard and you have to install an 8-foot high fence around your property. The Judge states that an 8-foot tail fence would not hide this problem from the neighbors. Bill Staudinger states that the junk needs to be eliminated. The Judge states that her point is that the ordinances need to be defined so they can be enforced without any question. Marvin questioned if they could put up a 40' X 60' pole barn? Steve stated that they could put up a pole barn if it doesn't go over the maximum lot coverage. Marvin questioned why that is not being enforced anywhere in town? Steve stated that Marvin is right to say that if something was built many years ago (before zoning existed) that does not conform to today's zoning the city cannot force that person to tear the building down. Maybe that doesn't seen fair to the new person that wants to do the same thing but can't by existing zoning laws. Marvin feels that you are picking on people by not allowing them to do something someone else is doing. His case in point is the City Councilman that built the large garage that sits to the north of the high school. He said there are places all over town that are over their maximum allowed lot coverage. Steve points out that Dan Mears project does meet the lot coverage and height according to Laurel Municipal Code. Steve pointed out the large garage that was built up by the post office. That garage is close to the maximum height allowed. John Oakes states that the property being talked about is a junkyard. We need to put the owner up against the hard spot, not let them put us up against the hard spot. Judge Kerr stated that she doesn't sight people in; she just has to deal With the person in court. The court needs more boundaries that are better defined. John Oakes goes on to say that the town of Laurel has let their townspeople get away with over the years and they are now all sitting back and laughing at everyone from the Police Chief on down to the City Council and Gary Colley. He feels we have to get aggressive and start getting things done. Mark Mace feels that we don't have any more problems than any other town in Montana that is going through the same growing pains Laurel is with the new subdivisions that have no alleys and have property sitting up against property. He feels that we are headed in the right direction by giving the city employees better ordinances that can be effectively enforced. We don't need to give up, or get mean, but keep heading in the right direction. This committee is doing that by reviewing the ordinances. He feels that the difficult part will be in trying to deal with the people that have been doing the same thing for 30 years, that is when Gary will really have to earn his wage. 2 lohn Oakes clarified that what he meant by getting mean is to actually be forceful and enforce the ordinances even if it means spending money on attorney fees. ChiefMusson stated that enforcement is important but so is Community Policing. Sometimes we get our best results by going to the door and talking with people face to face. In 2002-2203 between the Police department and Code Enforcement concentrated on nuisance vehicles parked out on the street. The Laurel Police Officers were working on nuisance vehicles even during the night shifts. Out of all the people that they asked to move vehicles offthe street, or license them, only 1 person was issued a ticket. Those were huge results. Sometimes you get better results by knocking on peoples door and visiting with them. The current laws have been difficult to deal with but with the help of the Public Works, Code Enforcement, Council and th/s committee, things can change. Dave Siljestrom stated that he agrees with the phrase "my land is my property", but with that he believes we, as property owners, have a responsibility that is as large as having our property, that you must have a responsible attitude about what's yours when it is next to someone else's (property). He thinks that everyone in the room has the responsibility to see that if the law's that are written don't work, fine, start over and make them so that they do work. He doesn't want the "Big Brother" image, but he does want to know that he can go out into his yard and whether he can stand there, or be on a second floor deck, that he can look across at his neighbors yard and not see piles of trash. He doesn't think that is right. He thinks the committee needs to start right here and find something that works. Dave feels that on the dra~ #A. 1 that "trailers" needs to be added to the list. The draft talks about a trailer attached to a vehicle, but not one that is not attached. He also wants to add to #C, "or delivery type vehicles". Steve stated that the draft does not specify an amount of vehicles allowed because there are families that have 5 kids that drive. He put in clause of Inoperable Vehicle for that purpose. Question on specification ora "parking area". Is there an ordinance that specifies what a "parking area" would be? Steve stated that they could put in a clause defining a "parking area". In the past the Code Enfomement has allowed tarps and covers on vehicles as adequately storing them from public view. Steve goes on to add that the Code Enforcement Officer, Gary Colley, works with people to get complaints handled. They are initially given 10 days to get the violation corrected but if they need more time to accomplish it, depending on their circumstances, they are given more time. The department has found that more is accomplished by working with people. Steve goes on to say that less than ~A percent of complaints ever reach the point of being ticketed for their violation. The other item that needs to be defined is whether or not the committee will recommend #D.3.b. Th/e issue of people living in camp trailers when they are visiting relatives in Laurel has come up many times. Generally the issue has been solved by the ordinances that prohibits camp trailers from hooking into the city sewer, but Steve thinks there needs to be an ordinance to address it. 3 Bill Staudinger thinks that the tarps that have been allowed are just as bad as the mess itsel£ It doesn't take care of anything. It just covers up the mess. Steve states that what people are doing by covering it with a tarp is keeping it from public sight. The City doesn't know if it's an antique car or junk. To address that issue you would have to address parldng of vehicles. Gary Colley stated that if you are going to get rid of the tarps, then you need to get rid of the temporary structures made with PVC covered with a canvas cover. Those are just as bad, especially after the cover gets worn out. There are a lot of people in town that have temporary shelters. Bill Staudinger stated that at least the temporary covers hide it from view. Marvin Carter questioned what, in the new draft, would allow us to get rid of the nuisances at the 13th Avenue violation? Steve stated that the "Inoperable Vehicle" definition will make it impossible for anyone to store a vehicle "that is incapable of immediate operation under its own power safely and in concurrence with governing and applicable traffic ordinances and statues or any automobile not having current plates lawfully affixed thereto.' Steve stated that the committee might want to add a clause regarding ownership. That way there could be no storage ora vehicle on that property that didn't belong to the property owner. Mark Mace stated that we may need to start somewhere with an ordinance that addresses most cases. Over time the ordinance will probably need to be amended to address some issues. But, we have to start somewhere. Question on time limit for violators? Steve explained that when a complaint comes in to City Hall it is given to the Code Enforcement Officer, Gary Colley. At that time Gary goes to the property and personally visits with the property owner regarding the violation. The property owner is given a letter and 10 days to work on the violation. Sometimes there are circumstances that require more time be given to the property owner. Sometimes the property owner doesn't want to cooperate and a ticket has to be issued. But, most people cooperate with the City to get the violation removed. After a discussion it was decided that the Public Works staff.should set the time frame for cleanup of the violation. As long as they are working on the problem they should be able to work with that individual. Bill Staudinger feels that the longer time you give them the longer they will take. Mark states that we will at least have this ordinance in place. Steve Klotz says that the Public Works office doesn't want to be responsible for sending a little old lady to jail for a violation that can be worked out in longer than 10 days. There are always exceptions that have to be looked at. Extra time granted should be considered. 4 Bill Staudinger states that there is a difference between elderly people and younger people. He feels you have to be firm. John Oakes states that the time frame should be lefr up to the Code Enforcement Officer. This particular place being discussed is a different situation because this gentleman has the capabilities of cleaning it up fast. This is a case where we need to be mean and forceful. Mark Mace stated that the comm/ttee just needs to set the policy and let the Public Works Department work with it so it works for them while dealing with the complaints. John Oakes wonders if this draft should be taken before the City Attorney? Dave Siljestrom stated that if the committee gives the police department and public works the tools to work with, in this ordinance, that is a good place to start. He feels that the City Attorney should be given the chance to review the ordinance. The committee will review this ordinance again at it's October meeting. Park Leases - Discussion Steve Klotz stated there hasn't been much done on the leases. There are many issues that need to be worked through. There was some discussion on the leases at a council workshop. Steve introduced Gene Tuka. Gene is interested in buying the park, if the council officially decides to sell the park. There are laws that govern the sale of public property. Steve goes on to say that each lease will have to be looked at individually. This will take a lot of time to do and what is decided also needs to be in the best interest of the tax paying citizens of Laurel. This issue is going to take some time. Gene Tuka spoke. He has 18 years experience running the park. He understands and knows a lot of things about the park because of his history with the park. He loves the park. He was married in the park and his son was born in the park. Things have changed over the years. The clubs haven't changed. They expect the same type of treatment from many years ago and don't want change. This creates conflicts within the clubs, towards the city. His work ethic down at the park hasn't changed. He has talked with Steve many times. Times have changed. Insurance has changed. The clubs don't understand because they are not kept informed. Things allowed 20 years ago in the park couldn't be allowed now. Caretakers didn't have insurance 20 years ago. Now the issue has come up. He is glad he doesn't have the city council's job because you can't please everyone. He goes on to say that if the City plans to sell the park he wants to be right there. He didn't bring up buying the park; the Rod and Gun Club brought it up. He and his wife researched the offer he made. If there are changes in the park, he and his wife want to be involved. 5 Mark Mace stated that the feedback has been that the Tuka's have done a good job being caretakers. He also pointed out that whatever is going to be done in the park has to be for the benefit of all of the taxpayer' s in Laurel. The meeting was adjourned at 6:14 pm, Respectfully submitted, Cheryll Lurid, Secretary CITY HALL City Of Laurel PUB WORKS: 628-4796 alii~ATER OFC: 628-7431 tLTKT: 628-1964 P.O. Box 10 '"~rAX: 628-2241 Laurel, Montana 59044 DEPARTMENT MEMORANDUM TO: Public Works Committee FROM: Steve Klotz, Director of Public Works RE: Draft Nuisance Ordinance DATE: August 18, 2003 Recemly, a complaint was submitted to the Code Enforcement Division of Public Works. The compla'mt claimed that a property was in violation of Laurel Municipal Code Chapter 8.12.030, Lumber, garbage, motor vehicles and parts, furniture and appliances prohibited. Upon investigation of the property and numerous attemlJtS to resolve the issue, the property owner was noticed to Laurel City Court. The property owner was stor/ng approximately 12 vehicles in his yard at his residence. The vehicles were licensed and operational. Some of the vehicles were not owned by the property owner. Laurel City Court determined that the existing ordinance wr/tten to address the issue was not substantial or clear enough to make a ruling on. The City is still receiving complaints and the situation is still in existence. The attached draft nuisance ordinance is an attempt to improve the existing nuisance ordinance. It ks a slightly modified version of the unified zoning regulations in effect in Billings and Yellowstone County. The attached is meant only as a draft to be modified to meet the character and uniqueness of this oommullity while better addressing simatiom at hand. Please take time to review the dralt, make changes, offer suggestions, and provide insight for the drafting of a second draft to be presented at council. Please be prepared to discuss this issue at the Public Works Comm/ttee meeting scheduled on Monday, September 8, 2003 at 5:00 pm. If you are unable to attend, please provide written comment. If you have any questions feel free to call me at 628-4796. CC: Gary Colley, Code Enforcement Inspector Rick Musson, Chief of Police Jean Kerr, City Judge Mark Anderson, City Attorney Bud Johnson, Mayor Attached: L.M.C. 8.12.030 Draft Nuisance Ordinance City Of Laurel is an EEO Employer ~.nnal [qnu~in~ C)nnnrmni~' 8.12.010 Chapter 8.12 8.12.020 Lawn irrigation. No person shall irrigate lawns or shrub- NUISANCES bery and allow the water to collect thereon to such an extent that the same overflows Sections: on another's property, or overflows and 8.12.010 Ice, snow, slush on collects in the gutter of the city streets. sidewalks. (Prior code § 8.04.060) 8.12.020 Lawn irrigation. 8.12.030 Lumber, garbage, 8.12.030 Lumber, garbage, motor motor vehicles and vehicles and parts, parts, furniture and furniture and appliances appliances prohibited, prohibited. · 8.12.040 Noisome substances. A. It is a public nuisance for any person 8.12.050 Offensive matter on owning, leasing, occupying, or otherwise in premises prohibited, charge or control of any promises to keep 8.12.060 Liquids allowed to or deposit on the premises, or to allow to become nauseous accumulate or remain scattered over the prohibited, premises, any of Se following: 8.1'.2.070 Cellars and drains in i. Lumber, garbage, rubbish, parts of offensive condition, motor vehicles; or 8.12.080 Animal enclosures, 2. Abandoned, discarded or unused ob- 8.12.090 Outside toilets, jeers or equipment such as automobiles, 8.12.100 PenaltymAbatement. automobile paros, furniture, appliances, cans 8.12.1'10 Abatement assessment or comainem; unless to property in lieu of- 3. Such itenls am in an enclosed build- prosecution, ing or are so located on the prenlises so as not lo be readily visible from any public 8.12.010 Ice, snow, slush nn place or from any surrounding private prop- sidewalks, coy, It is a public nuisance for the owner, B. It is a public nuisance Ibr any person occupant or person otherwise in charge or owning, leasing, occupying, or otherwise in control of any premises within the city charge or control of any premises to allow limits to allow any ice, snow, slush, mud or any partially dismanded, wrecked, discard- other impediment to safe pedestrian travel ed, abandoned, unlicensed, or otherwise to accumulate or remain on any sidewalk in nonopcrating motor vehicle to be deposited, front of or adjoining such premises. The kept or stored on the premises, unless the person in charge or control of the premises vehicle is in an enclosed building or is so must remove any such impediment from the located on the premises so as not to be sidewalks within twenty-tburhours after its readily visible from any public place or accumulation thereon, and must keep sid~- from any surrounding private property. walks clean and safe forpedesman travel at C. This chapter shall not apply with ag times. (Prior code § 8.04.1 i0) regard to any [umber, motor vehicle paris. 8.12.0~0 or motor vehicle on the premises of a bnsi- mai or vegetable mat~er which contaminates ness enterprise operamd in a lawful place, the atmosphere or endangers or injures the other than a residential district, and in a health of any person, or which is indecent lawful manner, when the keeping ormainte- or offensive to the senses, or interferes with nance of such lumber, motor vehicle parts, the comfort or enjoyment of any resident in or vehicle is necessary to the operation of the city. (Prior code § 8.04.020) the business en~rpdse, or with regard to any vehicle in an appropriate storage place 8.12.060 Liquids allowed to become or depository maintained in a lawful place nauseous prohibited. and manner by the city or any public agen- It is unlawful for any person to cause or cy or entity, permit any nauseous, foul or putrid liquor D. Any person who allows a public or other liquid substance to be discharged, nuisance as set for~ in this cbapmr to exist placed or thrown, or to Qow from or out of shall be noQfied that the nuisance must be my promises into or upon any adjacent removed within mn days after receipt of the premises, or any public street, alley, road or notice. If the nuisance continues to exist sidewalk, or into any channel or w,~ter- a,Czar that time, ~ person shall be guilty of course. (Prior code § 8.04.030) a violatior~ of this chapter and shall be punishable as set forth in Section 8.12.100. 8.12.070 Cellars and drains in Such person shall be guilty of a separate offensive condition. , ,~, offense for each day after thc ten day period ' Whoever shall suffer or cause any cellar, that the nuisance continues to exist. Further- vault, drain, pool, privy, or sewer belonging more, the chief of police may abate the to or-.controlled by him to become, from nuisance~without prosecution, and the city any cause:', nauseous, fo,ul, offensive or may assess the expense of the abatement to injurious to the public beaith, or unpleasant the premises pumuant to Section 8.12.1 10. and disagreeable to adjacent residents or (Ord. 1024, 1992; prior code § 8.04.100) persons, within the limits of the city, shall be deemed guilty of committing a public 8.12.040 Noisome substanceS, nuisance. (Prior code § 8.04.040) It is a public nuisance te cause or suffer the camass of any animal or any offal, filth 8.12.080 Animal enclosures. or noisome substance to be collected or to It is a public nuisance lbr any person to' remain in any place in the city, or to the keep or maintain any pen or enclosure, prejudice of others. (prior code § 8.04.010) stable or building for animals in such a f'dthy or unwholesome condition as .to be 8.12.050 Offensive matter on offensive to neighbors or passersby, or premises prohibited, injurious to the health of the neighborhood. It is a public nuisance for any owner, (Prior code § 8.04.050) lessee, occupant or resident of any premises to suffer or cause ko be maintained on such 8.12.090 Outside toilets. premises for twenty-four hours or longer It is a public nuisance to build or mom- any unwholesome, decaying or puLUd ani- CITY HALL City Of Laurel PUB WORKS: 628-4796 WATER OFC: 628-7431 CO~T: 628-196a P.O. BOX 10 FAX: 628.2241 La~eL Monm 590~ DEPARTMENT A_ Definitions. For the purposes of tAds section, the terms used above shall be defined as follows: 1. AUTOMOBILE: A two (2) or more wheeled or track vehicle designed to transport one (1 or more persons or properties fi:om one (1) location to mother including without limitation: tmclcs, buses, cars, motorcycles, scooters, farm and industrial equipment. 2. INOPERABLE VEHICLE: Any automobile incapable of immediate operation under its own power safely and in concurrence with governing and applicable traffic ordinances and statues or any automobile not having current 1/cerise plats lawfully sfl~xed thereto. ' 3. PERMANENT STORAGE: Storage of chattel, salvage, rubbish or junk for a period exceeding five (5) days without moving. · 4. JUNK: Junk means any worn out, cast offor discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some ottlf~i~e or for r,~t~tction into components. Junk includes but is not limited to oki or_~c~pe, rags, batteries, paper, tires, rubber debris or waste, iron, sl~,~r~l ~ [dior scrap ferrous or non-ferrous material. 5. JI.rNK VEH/CLE: A junk veh/cle means any automobile, which is rained, wrecked, partially dismantled and which is not lawfully and validly licensed. B. Abandoned Vehicles. All inoperable automobiles, or parts thereof; parked or stored for a period exceeding five (5) days shall be considered abandoned. Any such automobile that in the judgment of the Code Enforcement Officer appears to be abandoned, including parts thereto, shall be removed and disposed of in a n'mmer set forth by the Code Enforcement Officer. C. Storage or Parking of Vehicles. In all residential zoning districts, storage or parking of commercial vehicles shall be limited to one (1) delivery vehicle not to exceed eight thousand (8,000) pounds G.V.W. (Gross Vehicle Weight). D. Storage of Trailers and Recreational Vehicles. Snowmobiles, boats, motorized vehicles that are incapable of being legally operated on a public street, or other recreational vehicles and campers, camper trailers or motor homes, and utility/sport traiIers whose manufacturers specifications do not exceed eight (8) feet in width and twenty-seven (27) feet ia length shall be parked or stored as follows: 1. In rear yards; or 2. In side yards, providing that the following conditions are met: a. The property does not have public alley access or other reasonable access to the rear yard; b. The side yard area to be used for such parking or storage has a prepared surface of gravel, asphalt or concrete; c. The unit shall not be parked any nearer than three (3) feet from the side lot line or five (5) feet from any door, window, or other opening of a dwelling which provides light, air, entrance to, or exit from the dwelling as needed to preserve the health, safety, and general welfare of the occupants of the dwelling; and d. For purposes of tiffs section, the side yard ora comer lot, which is adjacent to the street, is regarded as a front yard and no such parking or storage is allowed. 3. Trailers may be parked in the street if attached to a towing unit and complying with parking ordinances. a. It shall be urflawful for any person or firm to park or store such vehicles in any front yard. b. It shall be unlawful to occupy campers, camping trailers, or motor homes for livin.,,~r sleeping..p, urposes for longer than 14 c~'a~xler yearD ra ~t days per E. Storage of Salvage.' Permanent open storage of salvage, inoperable vehicles, rubbish, lumber, furniture, appliances, used oil, can, con~'alners, or Other chattel shall not be permitted in any zoning district. Exceptions to this restriction axe principal uses of property (e.g. auto wrecking), which may be permitted in business lawfully operated in non-residential zomg districts, where the storage of such materials is necessary to the operation of the business emerprise. F. Inoperable Vehicle or Junk Vehicle. Storage, parking or leaving any inoperable vehicle or junk vehicle shall not be permitted in any district. This section shall not apply to: I. Vehicles stored in conjunction with a business lawfully operated in non- residential zoning districts, where the storage of such materials is necessaryto the operation of the business; or 2. An automobile or part thereof which is completely enclosed within a building in a 1.~wful manner and where it is not ¥isible from the street or other public or private property.