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HomeMy WebLinkAboutPublic Works Committee Minutes 10.16.2003 MINUTES DRAFI PUBLIC WO1LKS COMMITTEE OCTOBER 16, 2003 5:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Gay Easton, Chairman Mark Mace Lorraine Craig Bill Staudinger John Oakes Marvin Carter Ed Steffans Dave Siljestrom OTHERS PRESENT: Steve Klotz Cheryll Lund Minutes of the September 8, 2003 were approved, as written, by a motion from Bill Staudinger, second by Mark Mace. The Revised Draft of the Nuisance Ordinance was placed on the agenda. REVISED DRAFT - NUISANCE ORDINANCE Steve went over some of the changes in the draft nuisance ordinance that came out of the September Public Works Committee meeting. "Or delivery type" vehicle was added to paragraph C. Also added was D.5.a. "Campers shall not be connected to the City sewer system". Discussion on whether or not a permit would be needed to allow camp trailers to remain on the street when visiting a Laurel resident. It was decided that no permit would be needed. John Oakes questioned whether or not Motor Homes parked on streets were covered under this ordinance? Steve stated that those vehicles are covered under the ordinances enforced by the police department. After discussion it was decided to have the City Attorney review the draft and then send it to the City Council for their review. Park Leases The park leases for Riverside Park have been discussed for the past 2 meetings. The Park Leases, as well as all uses of city parks, is being reviewed for the benefit of the citizens of Lanrel. In recent weeks there has been a rumor circulated that Steve Klotz, Public Works Director, sold part of the Riverside Park to Eugene and Patty Tuka. Gay requested that Steve speak in regards to that issue. Steve stated that the leases to the parks have been discussed for a few months and one of the things the committee was going to look, along with many other issues, was the possibility of selling the park. Gene Tuka told Steve that if Riverside Park were to be sold he would be interested in putting in a bid. Patty Tuka came in with a letter addressed to Steve (see attached) along with a $500 check and terms for the deal. Steve told Patty he would take the check, and hold it in the cash drawer without it being cashed and that he would take the issue before the council because the sale of the park could not happen unless the public voted on it. The Tukas then came to the next Council workshop, along with their attorney Matt Erekson and asked for the deed to Riverside Park because Steve had sold it to them. Steve pointed out that the wording in the proposed sale was that if the council didn't agree to the sale then the check would be given back. The check was then given back to the Tuka's because the park was not for sale. Gay went on to say that the reason the Riverside Park leases and all park usage is being looked at is because the public is paying for the maintenance costs of running the parks and yet are not able to use the facilities because the buildings and/or various types of facilities are being leased to private organizations. At this time the club's are paying $1.00 per year. Bill Staudinger stated that he thinks each club should pay $365.00 per year with a 5-year lease. Mark Mace stated that a task force, not this committee, should be set up to determine what each club should pay for it's lease. He also feels that the clubs should have some input into how the lease amount is established. He also would like to see water meters installed in each of the buildings with the clubs being responsible for the bill. Marvin Carter stated that each club should have a water meter installed and pay the water/sewer/garbage bill and each building should be made available for public use. Some of the clubs do not rent out their building, so he feels they should have to pay more for their rent if they don't make the building available to the public. He also feels that the Caretakers house is not being charged enough for rental of the house. They are only being charged $350 for rent, which is way below the average rental price in Laurel. Gay stated that there has been many changes made over the years to the Park and the buildings, but there have never been any changes made to the leases, etc. He feels that needs to be taken into consideration. Mark Mace wonders if it's the Public works Committees job to inform the clubs that the park is not a great place to shoot guns anymore. Maybe we should give them help in directing them to a place that is more suitable for shooting guns. As it develops around the area there are going to be more and more residential homes. Dave Siljestrom stated that because the buildings in the park are privately mn it keeps the public from being able to use them. Because they are our buildings he feels the city should get some of the rental money paid when it's rented out to a private party. Ed Steffans questioned if there are records for how much time the city maintenance workers put into maintaining Riverside Park? Steve stated that there is a Caretaker at Riverside Park that does all of the maintenance. The Rod and Gun Club has been in their building for 50 plus years and they have actually improved the building since they have been leasing it. They have used their own money to do the improvements. The Task Force will have to decide how to handle that kind ora situation and also the situation where a club hasn't done any improvements. Lorraine Craig would like to see some development and improvements done so that a building could be used more. She also agrees that each club should have a water meter but is wondering if they would be metered for inside and outside use? Gay Easton clarifies that at this time they are using city water to irrigate their outside land but that could change if the city drills a well. The Task Force will look at all of these issues that have been discussed. The City is also responsible for keeping the septic tank at the park pumped~ The city also collects the garbage at the park. Mark Mace reminds the board that not only is the task force going to look at Riverside Park but also uses in the other Parks. Mark thinks there should be one person from each group that attends the task for'ce. He feels that every organization should have a say in what ultimately happens. Gay will gather in.formation regarding costs at every park within the city and give that to the task force. He wants everyone to have the facts in front of him or her when they discuss what is going to happen so they can say that they had a say in the outcome~ John Oakes states that they should look at each club and ask if they should be located in the park. That should be the first question that is asked. There will be a task force picked by the next meeting. Smokey asked what the amount of lease was that the city pays for the city shop land? Steve wasn't sure what the amount is. Ed Steffans asked what the city has planned for chip sealing the streets? He doesn't see that anything is ever being done. Steve explained that there are no fimds available to chip seal streets. He went on to explain the budget, personnel costs including insurance, and the amount the city gets from street maintenance and gas tax. When all is said and done the street budget has about $5,000- $6,000 left to repair streets. Discussion was held on the street maintenance fund, how to fix potholes, and the poor conditions of streets in Laurel. The meeting was adjourned at 5:53 pm. Respectfully submitted, ,,~ Cheryll Lurid, Secretary 3 August 18, 2003 Steve Klotz, Director of Public Works City of Laurel 115 West 1~t Street Laurel, MT 59044 Dear Steve Klotz, Thanks to the information that has come to light over the past few weeks pertaining to the Parks Departmem and the publics ~ew, we continue to b~ interested in purehns'mg a portion of Riverside Park. If we can reach an agreement regarding our purchase, we plan to transfer these assets under an LLC and assume the Business name 'qRiverside Park". The new company would continue to mn a campground. We are interested in purchasing the following assets: The flood plain property t?om Hwy 212, east to curb by horseshoe pits and from Hwy 212, east to the curb by the American Legion. Including all developmem of water, electricity and the bathrooms. No historical buildings will he included in this purchase. We will expect the City to give us a covenant that no properties owned or sold by the City will be allowed to compete with our business for a period of 5 years. After advise from the Small Business Administration and our personal accountant the pureham price ora business is based on a 3-5 year period of profits. According to the City Of Laurel's figures, we based the purchase price on a 5-year period coming up with a price of $46,126.00 (forty six thousand one hundred twemy six dollars). See attached document. We are v~'lling to offi~r $46,000.00 (forty six thousand dollars) to be paid as follows: 1. As an indication of our good faith in pursuing this matter wo are enclosing a check for $500.00 (five hundred dollars) earnest money. 2. $5500.00 (five thousand five hundred dollars) at dos'nag. 3. The remaining balance of $40,000.00 (forty thousand dollars) will he paid in 5 equal installments of Sg000.00 (eight thousand dollars) due every Oetoher 15, for five years. First installment due October 15, 2004, last installment due October 15, 2008. Regarding the inventory, no monetary value will be added to the purchase price. Inventory will include the irrigation pipe and one mower. We currently own all other equipment used to mn the park. Before we draf~ a Buy/Sell agreement there are some things that will have to be discussed and investigated: l. Guaranteed right to bring in our own mobile home and garage to be attached to existing septic system, water and electricity. 2. Meeting with tho City Council set for Friday, September 5, 2003 at 2:00 pm, at the office of R. iverside Park to discuss th/s sale. This lettex states our intent but is not a legally binding contract. Upon further investigation eitber party may change their rain& Ifthe deal does not go through for uny reason we will be entitled to our earnest money back. flour letter has captured the essence of a mutual agreement and both parties are interested in investignt'mg/pursuing the sale please let us know. We believe that we are moving towards a transaction that can be advantageous to all parties Sincerely, Eugene and Patti Tuka 406-628-4384 Cc Bud Johnson Oay Easton Ken Olson Mark Mace Doug Poehls Lauren VanRoekel Dan Dart John Oak Dan Mears REVISED DR/[FT 10-15-03 A. Definitions. For the purposes of this 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 from one (1) location to another including without limitation: tracks, buses, cars, motorcycles, scooters, farm and industrial equipment. 2. INOPERABLE VEHICLE: Any automobile incapable of immediate operation under ks own power safely and in concurrence with governing and applicable traffic ordinances and statues or any automobile not having current license plats lawfully affixed thereto. 3. PERMANENT STORAGE: Storage ofchatteI, salvage, rubbish or junk for a period exceeding five (5) days without moving. 4. JUNK: Junk means any worn out, cast off' or discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components. Junk includes but is not limited to old or scrap brass, rope, rags, batteries, paper, tires, robber debris or waste, iron, steel and other old or scrap ferrous or non-ferrous material. 5. JLrNK VEHICLE: A junk vehicle means any automobile, which is mined, 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 manner 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 or delivery type 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 trailers whose manufacturers specifications do not exceed eight (8) feet in width and twenty-seven (27) feet in length shall be parked or stored as follows: I. 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 this section, the side yard of a 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. 4. It shall be unlawful for any person or finn to park or store such vehicles in any front yard. 5. It shall be unlawful to occupy campers, camping trailers, or motor homes for living or sleeping purposes for longer than 14 days per calendar year. a. Campers shall not be connected to the City sewer system. E. Storage of Salvage. Permanent open storage of salvage, inoperable vehicles, rubbish, lumber, furniture, appliances, used oil, can, containers, or other chattel shall not be permitted in any zoning district. Exceptions to this restriction are principal uses of property (e.g. auto wrecking), which may be permitted in business lawfully operated in non-residentiai zoning districts, where the storage of such materials is necessary to the operation of the business enterprise. 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: 1. Vehicles stored in conjunction with a business lawfully operated in non- residential zoning districts, where the storage of such materials is necessary to the operation of ttxe business; or 2. An automobile or pan thereof which is completely enclosed within a building in a lawful manner and where it is not visible from the street or other public or private property. 2