Loading...
HomeMy WebLinkAboutCity Council Minutes 04.18.1995Minutes of the City Council of Laurel April 18, 1995 A regular meeting of the held in the Council Chambers 7:00 p.m., on April, 18, 1995. City Council of the City of Laurel, Montana, was and called to order by Mayor Charles Rodgers at COUNCIL MEMBERS PRESENT: John Minch Bob Graham Lonnie Kellogg Albert Ehrlick Gay Easton Donna Kilpatrick Ron Marshall COUNCIL MEMBERS ABSENT: Chuck Dickerson INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meetingl of April 4, 1995 as presented, seconded by Alderman Minch. Motion carried 7--0. ~ CORRESPONDENCE: Received an agenda for the Landfill Users Summit in Billings on Tuesday, April 25, 1995 at 10:00 a.m. Received a Bulletin from MMIA regarding Violence in the Workplace. Received the March minutes and activity report from the Yellowstone County Air Pollution Control Board. CITY CLERK'S & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statements for the month of March were presented. Motion by Alderwoman Kilpatrick that the City Clerk's and City Treasurer's financial statements for the month of March, 1995, be approved, seconded by Alderman Ehrlick. Motion carried 7--0. TOM FOX - SPRINKLING SYSTEM AT FOX LUMBER: Tom Fox spoke in response to the fire code violation at Fox Lumber, located in the Boise Cascade building on Shannon Road. The city has required him to repair the sprinkler system in the building. This is a very expensive system for him to repair. The previous occupants had let it freeze up and therefore many pipes are broken. The system in the building is a wet type system which means there must. be heat in the buildings in order for the system to operate. He has looked into putting a dry sprinkler system in the building which would not require the building to be heated. The cost is still very prohibitive for the type of business he is in. Me is asking for some leniency or an arrangement from the city so he can continue to operate his business in that building. Mayor Rodgers stated that the City of Laurel has adopted the Uniform Fire Code and according to the size of the building, it has to be under a sprinkler system. He asked Larry McCann, the city's Fire Inspector, for any comments. Larry McCann stated this system was originally installed in a heated building and was not drained prior to Mr. Fox purchasing the building. According to the codes, the sprinkler system must work. The only way the structure would not need a sprinkler system would be if it didn't have any walls. Alderman Graham asked if the dry system would be a workable option? Larry stated that the sprinkler system could be a wet system or a dry system and either would work. Darrell McGillen, Fire Chief, explained the difference between a wet system and a dry system. A wet system is charged all the time. Water comes up through a valve and all branches are charged with water that comes down to the sprinkler head. When the sprinkler head is defused by heat, the water is disbursed through the sprinkling head whereby putting the fire out. The dry system is basically the same. The difference is that the water is held back under air pressure before the valve, so all the branch lines do not have water in them. When the sprinkler head is defused by heat, it releases the air pressure. The water. pressure overrides the air pressure and charges the system. The water then is released through the head. Darrell had no suggestions on which system would be' the most economical. Tom Fox had gotten bids for $40,000 to $50,0000 to repair the wet system. He Minutes of the City Council of Laurel Page 2 Council Meeting of April 18, 1995 The bids he received for the dry System are for $60,000 to $80,000. This is very cost prohibitive and it isn't in his budget 'for the total cost at one time. He asked if there could be a variance, in which he would use fire extinguishers every two hundred or eight hundred feet. He already has them mounted on the fork lifts. He questioned whether there would be a variance if no manufacturing is being done in the building. Larry McCann stated that the fire code deals with the matter of how fast a person can get to the other side of a building this size to detain a fire. There is no variance in the code for a structure of this size. Tom asked if possibly he could stack the lumber in stacks further apart since he has plenty of room to work with. He wants to abide by the law, but it is a costly situation that he cannot get done for a number of years. Alderwoman Kilpatrick asked Tom how many years he has been using the building'.' and if he has made any effort to start working on the sprinkling system? Tom stated he has owned the building for two years and has completed the requests from his insurance company. This consisted of testing all the fire. hydrants and to install inch and a half hoses. They also requested fire extinguishers be put on the fork lifts. The response he made towards repairing the sprinkler system was to get the bids and to find out that the cost is not in his budget. Tom is looking for a feasible way to pass the fire code and still stay in business. He is looking into the future for an eight or nine year plan for a dry system of $80,000 in which he wouldn't have to heat the building. He would be . looking at an expense of eight or nine thousand dollars a year for a period of ten years. ' In discussion it was asked if he could do it in sections? This would be possible since there are two buildings, one large and one small. It may be possible to complete the small building this year, if the bids were within their budget and if some of the work was done by themselves. Alderman Graham asked if the city has any choice or leeway without violating the fire code? Joe Leckie and Darrell McGillen replied no. Darrell mention that when the business license was approved to operate in the City of Laurel, it was based on the fact that it must pass a fire inspection. It was pointed out that the sprinkler system had to be addressed. A leniency has been given so far, as it has been two years. Tom states that the city has been good to him. The profit that the plant makes is not what it takes to allow him to afford the type of repairs to the sprinkler system. Alderman Graham pointed out that the city can only request that he meet the fire codes~ as it has in the past. Tom asked if there is a time frame in which to move or get the lumber out of the building? Alderman Graham said he will be notified of the violation and this will allow him a period of time in which to bring it up to code or move. Tom stated that if he could get started this year he would do it, but he cannot afford to risk his employees financial security on a huge cash outlay. Mayor Rodgers stated that the city hates to see him move out, but the city has a code that they need to comply with. This is a precedent the city needs to hold up to for all the other businesses. Tom was told that if there was a way he could guarantee that he would have half done this year and half next year, maybe the council would look at it. Tom asked if the council would look at a four year plan? Mayor Rodgers states this would be taking a big chance. If there was a fire~ it would be dangerous to send firemen into it and it would have to be decided whether it was to be saved or considered a loss. ANNUAL SERVICE FEE FOR ALL WATER USERS: RESOLUTION NO. R95-10 ESTABLISHING AN ANNUAL SERVICE FEE FOE ALL WATER USERS, PURSUANT TO THE PUBLIC WATER SUPPLY PROGRAM. Motion by Alderman Marshall that Resolution No. R96-10 be passed and adopted, seconded by Alderman Minch. Motion carried 7--0. Minutes Page 3 Council Meeting of April of the City 18, 1995 Council of Laurel RABIES VACCINATION REQUIRED: ORDINANCE NO. 095-3 AMENDING SECTION 6.08.030 OF THE LAUREL MUNICIPAL CODE, RABIES VACCINATION REQUIRED Motion by Alderman Kellogg that Ordinance No. 095-3 (first reading) be passed and adopted, seconded by Alderman Minch. Alderman Graham asked if the city requires dogs to be vaccinated for rabies before they can be licensed, does this obligate the city to pay for the rabies shot? Alderman Kellogg replied no~ Alderman Kellogg explained this is another way to help the city police in controlling the dogs that come into the city by transients. There is a twenty-four (24) hour period in which the owner of the dog has to show proof the dog has been vaccinated or the dog must leave town or be impounded. This was derived from the Birch Avenue Steering Committee. Alderwoman Kilpatrick stated that the city already requires a rabies vaccination to purchase a city dog license. It was clarified that this ordinance requires that any visiting dog must als~ have a current rabies shot. A roll call vote was taken and all aldermen voted "YES". Motion carried 7--0. B BAR S AGREEMENT: Alderman Graham presented the agreement between the City of Laurel and B Bar S: Partnership. He brought up three options to the council and is asking for ~, decision, since the reservoir is not being built. The purpose of the agreement was for them to get access from Beartooth Drive to their property. He wanted to : clarify any rumors that he would put a trailer court in, if he got the access. This is not his decision to put in a trailer court. The first option would be for the city to pursue the right-of-way through Bob Rosselot's property. The second option would be if they cannot have the right-of-way through there, than the city would purchase the property for a future reservoir. The third option would be to cancel the agreement. Joe Leckie explained that if the council decides to pursue the right-of-way, its obligation would be to obtain a right-of-way to the property from Beartooth . Drive. This would cross Bob Rosselot's property and he is not interested in' working with the city for transfer of right-of-way. Therefore, the city would take action to condemn the property. In condemnation proceedings, there would not be any defenses to that except the city would have to pay a fair market value for condemnation of the property. Alderman Graham explained the right-of-way would be a strip 60' by 80'. In discussion it was asked if this forces the city, at some time to build a water reservoir? The city can use the property in the obligation to use it for a reservoir. in the future~ future with no Joe Leckie explained that the agreement is to obtain a right-of-way from Beartooth Drive to the property and grant B Bar S water hookups. Then B Bar S would transfer title to a 300 X 300 square foot parcel of property. This agreement has been approved, but now the reservoir is not being built and the city doesn't have a need for the property at this time. Alderman Graham is asking for some direction on the agreement and for a decision. from the council. He really needs the right-of-way. If this cannot be pursued,. the city may purchase it for a reservoir in the future or cancel the agreement so he can sell the property. Mayor Rodgers appointed a committee of Jim Flisrand, Gay Easton, Lonnie Kellogg, and Albert Ehrlick to discuss this and visit with Bob Rosselot and the~ partnership. Bob Graham requested the committee to visit with Bill and Shelley White, the other half of the partnership. He would like to stay out of the discussion, since he is a council member. Ron Marshall has noted that the reservoir would serve a large area. At the Minutes of the City Council of Laurel Page 4 Council Meeting of April 18, 1995 the site, he suggested that this be worked out for the future when it is needed. At that time, the city would have the land and the right-of-way to get to it. Mayor Rodgers asked the committee to meet and then appear before the Utilities Committee before presenting this to the council. COMMITTEE REPORTS: --Birch Avenue Steering Committee minutes of March 14, 1995 were presented and reviewed. Motion by Alderman Kellogg to enter the Birch Avenue Steering Committee minutes of March 14, 1995, into the record, seconded by Alderman Graham. Motion carried 7--0. --Budget/Finance Committee minutes of April 4, 1995 were presented and reviewedi Motion by Alderwoman Kilpatrick to enter the Budget/Finance minutes of April 4, 1995, into the record, seconded by Alderman Easton. carried 7--0. Committee Motion --Cemetery Committee minutes of April 11, 1995 were presented and reviewed. Motion by Alderman Ehrlick to enter the Cemetery Committee minutes of April 11~ 1995, into the record, seconded by Alderman Graham. Discussion regarding the number of graves in a row and if adding two rows to the Veteran's section would be enough. A new section will be started in the near future. ' Mayor Rodgers mentioned the concern of spraying the dandelions in the cemetery'i This was done last year and it helped. A vote on the motion. Motion carried 7--0. --City Council Committee of the Whole minutes of April 4, 1995 were presented. Motion by Alderman Ehrlick to enter the City Council Committee of the Whole minutes of April 4, 1995, into the record, seconded by Alderman Marshall. Motion carried 7--0. Alderman Marshall commented on the use of the city owned Williams~ property. He asked who will proceed with planting the grass and maintaining it? Jim Flisrand said the city is waiting on a design for a sprinkler system. Darrell McGillen stated the fire department will proceed with planting grass after the sprinkler system is installed. The area will be developed into a nice looking corner. The city would provide water service to the sprinkling system and the city crew would mow the grass periodically. --Fire Committee minutes of April 3, 1995 were presented and reviewed. Darrell McGillen commented that the Yellowstone Treatment Center is requesting that the LVFD provide fire protection. The Center is getting out of their fire department program. They cannot meet with state and federal requirements and they are asking the LVFD to make a contract bid for their protection. The committee recommend a price of $5187.00 for an annual contract. Motion by Alderman Marshall to approve the Yellowstone Treatment Center, seconded 7--0. an annual contract of $5187.00 for by Alderman Kellogg. Motion carried Darrell McGillen commented on the Fireman's Relief Association. The association presented a projected cost of the Relief Association in the retirement fund. At the present level, they could never keep up with it and the Relief Association could go broke. Due to the fact that most fire districts are established fire districts but don~t have established fire equipment or a building for equipment, they are not receiving the 1 1/2 percent of insurance premium funds that would come back from the state. This is what helps subsidize Relief Associations. The City of Laurel has their own fire premiums paid to the insurance company and 1 1/2 percent comes back to the Relief Association from the state. Most established fire districts have their own personal, equipment and building. The LVFD is one of the only cities in Montana that contracts these services to established fire districts, in which these funds are not coming back from the state. The LVFD has Fire District #5, #7, and #8 which are established fire districts havin~ board of trustees. The City of Laurel aontraatm thmlr firm Minutes of the City Council of Laurel Page 5 Council Meeting of April 18, 1995 funds that should be coming back to them, but are sitting at the state level and the LVFD is pursuing a way to get them. Motion by Alderman Kellogg to enter the Fire Committee minutes of April 3, 1995, into the record, seconded by Alderman Marshall. Motion carried 7--0. --Insurance Committee minutes of April 11~ 1996 were presented and reviewed. Motion by Alderman Graham to enter the Insurance Committee minutes of April 11, 1995, into the record, seconded by Alderman Marshall. Motion carried 7--0. --Laurel Airport Authority minutes of March 28, 1995 were presented. Motion by Alderman Kellogg to enter the Laurel Airport Authority minutes Of March 28, 1995, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. Mayor Rogers announced a Tradeport Authority meeting on April 27, 1995 at 7:00 p.m. and asked members of Laurel Airport Authority to attend. --Park Committee minutes of April 6, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Park Committee minutes April 6, 1995, into the record, seconded by Alderman Ehrlick. of Alderman Graham commented that Riverside Park would be a good area to have more RV camp sites. Later, he learned the condition of the park with the flooding from the river and' the problem of septic tanks backing up and thought maybe it won't be feasible to put more money into it. Dave suggested the park committee look into it. It depends on whether its a wet rainy year, or the length of time in which the the park is wet. It also depends on what time of year travelers use the park the most. They could definitely use. more camp sites and then look at the condition of bathroom and shower facilities. There may not be to much of a problem in doing this. A vote on the motion. Motion carried 7--0. --Police Committee minutes of April 3~ 1996 were presented and reviewed. Motion by Alderman Marshall to enter the Police Committee minutes of April 3, 1995, into the record, seconded by Alderman Ehrlick. Discussion regarding the designated smoking area at the south end of the bay, adjacent to the dispatch area. The dispatch area and 911 area are non smoking. A vote on the motion. Motion carried 7--0. --Public Utilities Committee minutes of April 10, 1995 were presented and reviewed. Jim Flisrand commented on Warren Schwenneker's request asking for the city's help in extending a sewer mainline to his property so he can hookup to city sewer service. Jim doesn*t have ail the information yet, but the city ordinance requires anyone within 300 feet of the sewer line to install it at their own cost. There are two options which are to go down 8th Avenue or to go east to the sewer line between Seventh and Eighth Avenue. Me suggested they look at all the facts at the next Public Utilities Committee meeting and consider what would be best for the property owner and the city. Motion by Alderman Marshall to enter the Public Utilities Committee Minutes of April 10, 1995, into the record~ seconded by Alderman Graham. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: Mayor Rodgers appointed Marilyn Minch to the Library Board. Motion was made by Alderman Ehrlick to confirm the Mayor's appointment of Marilyn Minch to the Library Board, seconded by Alderman Marshall. Motion carried 7--0. MAYORS COMMENTS: Minutes of the City Council of Laurel Page 6 Council Meeting of April 18, 1995 Mayor Rodgers announced Sue Strand was interested in serving on the Park Committee and the Cemetery Committee. She will be added to those committees. Jim Flisrand and Dave Michael also wished to be on the Cemetery Committee and will be included on that committee. Mayor Rodgers asked Alderwoman Kilpatrick to be chairman for the 4th of July Committee. She stated she will be chairman as long as she doesn't have to be here on the 2nd, 3rd, and 4th. Mayor Rodgers has received many interesting ideas pertaining to the 4th of July and will present these to her. Mayor Rodgers commented on Jim Flisrand bringing up the fact that a lot of new building is being done outside the city limits. One concern is regarding the fire protection. This is a matter to be looked into for the future. Mayor Rodgers proposed the Building Committee get together with Jim to explore this. Mayor Rodgers stated John Curfman, a city employee, has expressed an idea that city residents meet and get to know their neighbors. This idea could help in incidents such as the one on Birch Avenue and Twelfth Avenue. A meeting been set up for Thursday, April 20th at 5:00 p.m. for anyone interested. Mike will have two officers who run Neighborhood Watch attend the meeting. Jim Flisrand has asked for a Public Utilities Committee be held Monday, April 24th at 5:30, at an earlier date than May 8th, so a decision can be made regarding the sewer line for Warren Schwenneker. There being no further business to come before the Council at this time, meeting was adjourned at 8:17 p.m. Donald L. Hackmann, City Clerk the Approved by the Mayor and passed by the City Council of the City of Laurel,. Montana, this 2nd day of May, 1995. Attest: Donald L. Hackmann, City Clerk