Loading...
HomeMy WebLinkAboutCity Council Minutes 12.06.1994Minutes of the City Council of Laurel December 6, 1994 A regular meeting of the City Council of the City of Laurel, Montana, held in the Council Chambers and called to order by Mayor Charles Rodgers 7:00 p.m., on December 6, 1994. COUNCIL MEMBERS PRESENT: John Minch Bob Graham Lonnie Kellogg Donna Kilpatrick Gay Easton Chuck Dickerson Ron Marshall Albert Ehrlick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the of November 15, 1994 as presented, seconded by Alderman Minch. 8--0. regular meeting Motion carried CORRESPONDENCE: Received a letter from John Mohr, Attorney at Law, representing William Bernhart regarding the proposed amusement center. Received a letter from the Montana League of Cities and Towns regarding legislative mandate relief. Received a newsletter from the Montana Municipal Insurance Authority. Received a newsletter from the Montana League of Cities and Towns. Received an agenda from the Beartooth Resource Conservation and Development Area, Inc. for their November 29th meeting. Received a letter from the Montana Department of Commerce regarding the Laurel Audit Contract for years ended June 30, 1994 and 1995. (Copy attached to November 15, 1994 Budget Finance Committee Minutes.) CLAIMS: Claims for the month of November were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman $270,539.04 for the month carried 8--0. Kilpatrick to of November, approve all seconded by claims in the amount of Alderman Ehrlick. Motion CONCERNS OF RESIDENTS ON BIRCH AVENUE: MaryAnn Guenthner, residing on Birch Avenue, read a letter from the concerned residents, home owners and taxpayers of Birch Avenue, Laurel, Montana regarding the bum situation at 506 Birch Avenue. They are asking that the city take action to insure that the safety of the neighborhood will not be in jeopardy and that 506 Birch Avenue be declared a public nuisance. For this reason, something needs to be done to alleviate the problem. (See letter in correspondence.) Mayor Rodgers stated he appreciated all her comments and concerns. The city is deeply concerned about this also, by trying to find some legal way to take care of this problem. The police force has tried desperately to help in anyway they can by taking care of complaints. The city has to work within the laws and are hopeful they can find an answer. Joe Leckie requested some ordinances from other cities who may have similar type of problems and see how they would address them. Be is not sure if this will give any kind of relief to what the residents are actually requesting. MaryAnn Guenthner realizes the residents at 506 Birch have rights just as the whole neighborhood has rights, but when their rights start to endanger the safety of the neighbors, it seems the people who have resided in the neighborhood for forty some years should not have to take a back seat. Mayor Rodgers agrees that the residents should not have to do that. He is familiar with the neighborhood and the hobo situation, when the hobo's still had pride and were respectful. What we have today are ones with no pride and are looking for a hand out and often receive it. This is a problem which will be hard to correct. A solution may be found through the news media or some legal Minutes of the City Council of Laurel Page 9. Council Meeting of December 6, 1994 A question was asked if this can be declared a public nuisance. The answer was that there has to be a basis to declare a public nuisance. The concerned residents asked how much more do they need for a probable cause, than the killing that has already occurred. The residents stated there were restraining orders and yet they were in the house, which is probable cause. The answer was that it was not known that they were in the house at the time. The concern is that the transients have been walking the streets for months, but there has not been the situation that there is today. The neighbors have called in when they have seen them go into that yard and the only place they could have gone is into the house. The resident speaking hoped this ruling could be changed because she does congratulate the police on the way they handled the situation on the Saturday morning. She feels they have had good service from the police, but if they are restricted to having to see the individual go in and out by themselves, no matter how well they patrol the neighborhood, the chances are slim they will not see it. Hike Atkinson agrees there is a problem and knew there would be trouble there someday. The police department patrolled the area the best they could and on different occasions went to the resident at 506 Birch and asked permission to see who was in the house. When permission was granted, no one was in there. He suggested the neighbors have a Neighborhood Watch set up. The neighbors have not yet set up a formal Neighborhood Watch. It was their understanding that it would have to include all neighbors. Their concern also was that a formal Neighborhood Watch would have to include those they were trying to protect themselves from. They questioned if a greater concern was given to someone who calls in if they are on a Neighborhood Watch? Mike Atkinson answered no but they would have a more organized area, watched by everyone in the neighborhood. Duane Guenthner said he didn't think the Neighborhood Watch would be the answer. If the law enforcement people and city fathers can't do anything then he feels the residents can't do much either. They watch day and night and have taken a lot of abuse from the bums verbally and from the animals which run free. He pointed out domestic abuse and all kinds of problems the residents at 506 Birch Avenue have caused and he is concerned that they will be back because of the unknowns that still walk up and down the street. Concerning Neighborhood Watch, MaryAnn Guenthner said she has called the police station and the matter was not considered important and she was unhappy. One person was concerned about her elderly mother who lives by the railroad tracks next to the overpass and refinery. Transients live by the freeway and they steal, build fires, leave trash and clothes. Elderly people such as her mother can't protect themselves. They are told they cannot do anything because it is railroad property. Harvey Schumacher, 424 Birch~ has lived in the neighborhood all his life. He questions whether Michelle Herron is mentally capable of knowing who she lets in her house and wonders if she shouldn't be committed, for her good and the neighborhood. He has had to call the police a number of times for things that go on and on. Charlotte Gunnels, 509 Birch, says she hasn't seen anything like it. She is concerned about the children and grandchildren that hear the obscenities that come from the hobos who are drinking. The children could be in danger and have to be taken to their back yards to play. If they will kill a man what will they do to the children? Nadine O'Neil, 713 E. 5th Street, has seen new transits heading to Birch Avenue after the murder and is very concerned if they keep coming. Stan Burkley, 1113 12th Avenue, has a question regarding the Birch Avenue area. If homeowners take in overnight quests in large numbers, how long would it be until its found that it is a single family unit and not a hotel? Heidi Ray, 514 Birch, noticed the hobos watching her and her family all the time and can't trust these people. She fears to have her children play in the front yard. Michelle Herron has approached Mrs. Ray for protection after she was beat up with a baseball bat. Mrs. Ray doesn't want any of this as part of her family's life. Jacquie Kittson, 520 Birch, questioned if any recourse can be taken through the Minutes of the City Council of LaUrel Page 3 Council Meeting of December 6, 1994 time it was up to the county attorney's office to decide to take the house back or not. There was no action to take that house. Kelly Krum, 517 Birch, states the police officers have been in the house and asked if it can be condemned. He notes there must be some kind of health problem in the house. Mike Atkinson could not answer the question at the time. Mayor Rodgers asked for a committee, one council member from each ward to serve on the committee along with the chief of police and captain. He has asked for volunteers of two or three representatives from Birch Avenue. The committee will consist of the following: Mike Atkinson (Chief of Police) John Minch Albert Ehrlick Lonnie Kellogg (Chairman) Duane Guenthner Mrs. Kittson Rick Musson {Captain) Bob Graham Gay Easton Heidi Ray Mrs. Judy Schumacher Discussion followed with the concern whether or not the dogs have rabies shots and isn't that a danger to the other animals in the neighborhood? They get away with large number of dogs because they are not a permanent resident or a resident of the city so they don't have to abide by any of the animal control laws, Bob Graham stated that when Michelle Herron comes up for trial, if she is found guilty, in the process of adjudicating her sentence, the residents of Birch Avenue will be allowed to go and testify for or against her to persuade the judge as to what she will be sentenced. The residents have raised a concern that she will be able to manipulate, by playing dumb and stupid, and may plead innocent and get free. Duane Guenthner thanked the council for listening to their concerns and stated the residents do want to work with the council to get this resolved before something else happens. Mayor Rodgers appreciated their concern and show of force at the council meeting. Chuck Dickerson encouraged the residents to consider the Neighborhood Watch Program. This program won't solve the problems but will make the hobos aware that there is going to be more observation by the residents in the neighborhood. The program has been proven to be successful, as successful as the people in the neighborhood want it to be. It is being encouraged for the residents to form an organization to watch out for each other under guide lines. MaryAnn Guenthner stressed the fact that those hobos really don't care and are only going to do as they wish and refuse to leave. The residents were asked not to let this keep them from being successful at something that will only help their situation. Dirk Ray said this problem should go back to the railroad which brings the hobos in. It should be the railroad who takes them back out. It is noted that the state highway is also a problem and is ignored when it is reported. Bob Graham pointed out these are issues that the committee will be working with. He realizes that all the residents have the same frustrations as the city has, but asked that they don't take matters into their own hands as far as the law is concerned. The question was brought up again, if the property owners next to the railroad tracks could do anything to protect themselves from the hobos? Stan Burkely, a retired railroad employee, was told at his time of employment, that all railroad tracks are posted for no trespassing. He suggested getting a hold of the Burlington Northern headquarters and they may activate the Sheriff's office. Albert Ehrlick made the point that as long as we feed these hobos, they will stay around. The Committee has set Tuesday, December 13th as the date for the committee to meet in the City Council Chambers as 7:00 p.m. REPORT FROM BEARTOOTH RC&D: James Klessen, Beartooth RC&D, gave a presentation of the goals and objectives of the Economic Development District. Minutes of the City Council of Laurel Page 4 Council Meeting of December 6, 1994 MORRISON/MAIERLE, CSSA - WATER PLANT PROJECT: Dave Mosser, representing Morrison/Maierle/CSSA, gave a presentation of probable cost of the Laurel water treatment plant mandated improvements and other necessary improvements to the system. (See copy of the Opinion of Probable Cost in correspondence file.) These cost figures were rebutted by Alderman Graham using figures from an HKM study dated July, 1994 which is in the correspondence file. Barb Campbell, representing Double-Tree, Inc., presented funding options for engineering alternatives. A copy of this is also in the correspondence file. After a lengthy discussion, it was suggested by Alderman Graham to hold public meetings or public hearings to explain the need of the water plant and water system improvements to the public. Motion by Alderman Graham, that the city council of Laurel takes the future water pro~ect to the Laurel residents for open discussion at public hearings as soon as possible, seconded by Alderman Minch. Motion carried 6--2 with Alderman Easton and Alderman Kellogg voting "no". AMBULANCE - BYLAWS AND JOB DESCRIPTIONS: RESOLUTION NO. R94-54 APPROVING THE LAUREL VOLUNTEER AMBULA~NCE BYLAWS AND JOB DESCRIPTIONS. Motion by Alderman Dickerson that adopted~ seconded by Alderman Marshall. was absent for this vote.} Resolution No. R94-54 be passed and Motion carried 7--0. (Alderman Graham SECURITY FEDERAL - DEFERRED COMPENSATION: RESOLUTION NO. R94-55 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND SECURITY FEDERAL SAVINGS BANK, SAID AGREEMENT RELATING TO DEFERRED COMPENSATION. Motion by Alderman Marshall that Resolution No. R94-55 be passed and adopted, seconded by Alderman Dickerson. Motion carried 8--0. WAGNER - IRS 125 PLAN: RESOLUTION NO. R94-56 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WAGNER FINANCIAL SERVICES RELATING TO AN IRS 125 PLAN. Motion by Alderman Dickerson that Resolution No. R94-§6 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. CONTRACT - McCANN FIRE & LIFE SAFETY: RESOLUTION NO R94-57 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND McCANN FIRE AND LIFE SAFETY CONSULTING, SAID AGREEMENT RELATING TO FIRE INSPECTIONS. Motion bY Alderman Dickerson that Resolution No. R94-57 be passed and adopted, seconded by Alderman Marshall. Motion carried 8--0. COMMITTEE MINUTES: --Ambulance Committee minutes of November 29, 1994 were presented and reviewed. Motion by Alderman Easton to enter the minutes of November 29, 1994, the record, seconded by Alderman Dickerson. Motion carried 8--0. into A list of ambulance uncollected bad debts were presented and was recommended that they be charged off. Minutes of the City Council of Laurel Page 5 Council Meeting of December 6, 1994 Motion by Alderman Graham to charge off the Ambulance bad debts in the amount of $16,964.13, seconded by Alderman Marshall. Motion carried 8--0. The Mayor appointed a committee from the Ambulance, Fire and Police Department to work on the dispatch procedures. The following committee members were appointed: Sue Blaskovich John Rosenberg Sharon Merman Jim Stevens Motion by Alderman Ehrlick to approve the committee, seconded by Alderman Marshall. Motion carried 8--0. --Budget/Finance Committee minutes of November 15, 1994 were presented and reviewed. Motion by Alderwoman KilDatrick to enter the Budget/Finance Committee minutes of November 15, 1994 into the record, seconded by Alderman Marshall. Motion carried 8--0. Don Hackmann made a comment on the budget transfer for the study commission, that it be delayed until the members of the committee have gone to the workshop in Bozeman to get a better feel on their idea of what the budget is. Don Hackmann also commented that he called the State and suggested that the city wait and have two years in the same audit, 1994 and 1995. Don would write a letter and let them know that we would go for a proposal at the end of April with a two year audit. The Mayor agreed that a two year audit may also be cheaper than doing one every year. Don received a list of 61 firms on the list that are authorized by the state to conduct audits. Eight of these firms are in the Billings area, and he suggests that we consider one of the eight. Letters of proposals are normally sent out to select a firm. Motion by Alderman Dickerson to authorize Don to send out letters to the eight firms in the general area and get audit bids, seconded by Alderman Graham. Motion carried 8--0. --City Council Committee of the Whole minutes of November 15, 1994 were presented and reviewed. Motion by Alderman Marshall to enter the Whole minutes of November 15, 1994, into the Kellogg. Motion carried 8--0. City Council committee of the record, seconded by Alderman --Public Utilities Committee minutes of November 14, 1994 were presented and reviewed. Motion by Alderman Marshall Of November 14, 1994, into the carried 8--0. to enter the Public Utilities Committee minutes record, seconded by Alderman Graham. Motion --Street and Alley Committee minutes of November 17, 1994 were presented and reviewed. It was mentioned that the meeting was at 7:00 p~m. and the minutes incorrectly stated 5:00 p.m. Motion by Alderman Ehrlick to enter the Street and Alley Committee of November 17, 1994, into the record, seconded by Alderman Graham. carried 8--0. minutes Motion --Street and Alley Committee minutes of December 1, 1994 were presented and reviewed. Motion b~ Alderman Ehrlick to enter the Street and Alley Committee of December 1, 1994, into the record, seconded by Alderman Marshall. carried 8--0. minutes Motion Jim Flisrand had a copy of a letter to Mr. Wasson from J. L. Kislak Mortgage' Service Corporation and they indicated that they were not in agreement with the dedication of public right-a-way. Mr. Wasson would have to send a processing fee, show a sales contract of that property, a contemplated use of the land~ and appraisal of market value and then they would determine how much of the principle he would have to pay off before they agree to this. It will be difficult to get the public right-of-way through because the mortgage company is not in favor of the request. COMMENTS FROM T~E AUDIENCE: None Minutes of the City Council of Laurel Page 6 Council Meeting of December 6, 1994 APPOINTMENTS: The Mayor appointed Lewis J. Mains Jr. and Jay F. Martin to Ambulance Reserve. Motion was made by Alderman Marshall to confirm the Mayor's appointment of Lewis J. Mains Jr. and Jay F. Martin to the Ambulance Reserve, seconded by Alderman Graham, Motion carried 8--0. The Mayor appointed five new members to the Police Reserve: Dan Koch Jr. Mike Atkinson Jr. Matthew J. Whittle Larry W. Lance A. LeBrun Hutzenbiler Motion was by Alderman Kello~ to confirm the Mayor's appointment of Police Reserves as listed above, seconded by Alderman Dickerson. Motion carried 8--0. There being no further business to come before the Council at this time, meeting was adjourned at 10:00 Donald L. Rackmann, City Clerk the Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 20th day of December, 1994. Charles Rodgers~ Mayor ATTEST: Donald L. Hackmann, City Clerk