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HomeMy WebLinkAboutCity Council Minutes 08.02.1994Minutes of the City Council of Laurel August 2, 1994 Motion $ 377,505.09 for carried 6--0. 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 Charles Rodgers at 7:02 p.m., on August 2, 1994. COUNCIL MEMBERS PRESENT: John Minch Gay Easton Albert Ehrlick Chuck Dickerson (late) Lonnie Kellogg Bob Graham Donna Kilpatrick COUNCIL MEMBERS ABSENT: Ron Marshall INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Ehrlick to approve the minutes of the regular meeting of July 19, 1994, as presented, seconded by Alderwoman Kilpatrick. Motion carried 6--0. CORRESPONDENCE: Received a report from the Laurel Police Reserves for the 4th quarter of fiscal year 1993-94. They logged 126 hours for the period from April 1st to June 26th. Received a memo from the Yellowstone County Election Administrator regarding Local Government Review. CLAIMS: Claims for the month of July were reviewed by the Budget/Finance Committee and recommended that they be paid. Alderwoman Kilpatrick to approve all claims in the amount of the month of July, 1994, seconded by Alderman Ehrlick. Motion CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial were presented. Motion ~L Alderwoman Kilpatrick that the financial statements for the month of June, Alderman Minch. Motion carried 6--0. ENCROACHMENT PERMIT - COAST TO COAST STORE: This item was postponed until the August 16th council meeting. APPROVE FINAL PLAT OF WASSON SUBDIVISION: RESOLUTION NO. R94-35 A RESOLUTION APPROVING THE FINAL PLAT OF WASSON SUBDIVISION (BEING ALL OF CERTIFICATE OF SURVEY NO. 613) statements for the month of June City Clerk and City Treasurer's 1994, be approved, seconded by Motion ~jf_ Alderwoman Kilpatrick to approve Resolution No. R94-35, pending the receiving of all signatures and documents, seconded by Alderman Kellogg. Motion carried 6--0. PUBLIC HEARIN~ - PRELIMINARY BUDGET & TAX RESOLUTIONS: This being the time and place advertised, a public hearing was held. Bob Gauthier gave an overview of the preliminary budget for the council. He stated that each year the budget gets harder and more difficult to do and a large part of this goes back to the restrictions placed on us by 1-105. The only real increase to the general fund is the poker tax and if it wasn't for this, we would be in bad shape. In the water fund, Bob said the city will be asking for a 12% rate increase which deals with the fact that over the next few years the city is going to have Minutes of the City Council of Laurel Page 2 Council Meeting of August 2, 1994 to make about two million dollars worth of improvements at the plant and reservoir. Hopefully~ these upgrades can be partially funded with grants. In regard to state gas tax, Bob said almost all street maintenance has been done out of gas tax funds and very little out of the general fund. In regard to the future, Bob said next year the city is really going to have to dip into the reserves and after that, the city will have to look at some very serious cuts. He does not see any new or additional sources of revenue for the future. Bob said he is very concerned about what the legislature will do in the next year. If we lose the gambling revenues we are in big trouble. The cities need to push to change 1-105 which has been in place for eight years. If people do not want to pay the taxes, then they have to be willing to to have a decrease in services. Bob said we have one of the best forms of government in the county and we have to realize that almost half of our employees are volunteers which serve on the fire department, ambulance and police reserve. He encouraged people to become involved in the local government review or Laurel could find themselves losing their form of government. Chuck Dickerson arrived at 7:15 p.m. Bob stated that this is the last budget that he will prepare. He has done it for 13 years and has enjoyed working with it. He stated it is a difficult document to prepare and it takes a number of years to be able to understand it. The Mayor thanked Bob for all his time and said it is a sad day to see him leave. Donna also thanked Bob and said she has never had to do a budget because Bob has been here as long as she has. The Mayor said the city has some trying times ahead. We water systems and we have a lot of problems that we are waste but we cannot afford both of them. have to address the faced with in solid The Mayor stated he would hate to see the city lose its volunteers because without them~ we would be in a lot of trouble. He said the ambulance is finding it very difficult to get volunteers and if anyone knows of people who would be interested in serving on it~ let him know. Motion by Alderman Graham to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 7--0. SPECIAL TAX - WATER METER & CURB BOX REPAIRS: RESOLUTION NO. R94-36 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL, FOR WATER METER AND CURB BOX REPAIR Don Hackmann reported that this involves three properties for a total of $ 506.43. Motion by Alderman Kellogg that Resolution No. R94-36 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. SPECIAL TAX - UNPAID SEWER CHARGES: RESOLUTION NO. R94-37 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL FOR ANY UNPAID SEWER CHARGES Don reported that this involves many properties for a total of $ 624.48 in unpaid sewer charges. Minutes of the City Council of Laurel Page 3 Council Meeting of August 2, 1994 Motion by Alderwoman Kilpatrick that Resolution No. R94-37 be passed and adopted, seconded by Alderman Ehrlick. Motion carried 7--0. SPECIAL TAX - GARBAGE: RESOLUTION NO. R94-38 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY DESIGNATED AS GARBAGE DISTRICTS IN THE CITY OF LAUREL~ FOR THE REMOVAL OF GARBAGE AND REFUSE The unpaid garbage charges amount to a total of $ 2,036.80. Motion by Alderman Graham that Resolution No. R94-38 be passed and adopted~ seconded by Alderman Ehrlick. Motion carried 7--0. AMENDING LMC - DIRECTOR OF PUBLIC WORKS & ASSISTANT DPW: ORDINANCE NO. O94-I~ (first reading) AMENDING SECTION 2.48.020 OF THE LAUREL MUNICIPAL CODE~ JOB DESCRIPTION FOR THE DIRECTOR OF PUBLIC WORKS Motion b.v Alderwoman Kilpatrick that Ordinance No. O94-17 !first reading) be passed and adopted, seconded by Alderman Easton. A roll call vote was take~ and all aldermen present voted, "YES". Motion carried 7--0. ORDINANCE NO. O94-1q~ (first reading) AMENDING SECTION 2.62.020 OF THE LAUREL MUNICIPAL CODE~ JOB DESCRIPTION FOR THE ASSISTANT DIRECTOR OF PUBLIC WORKS Motion bw Alderman Graham that Ordinance No. O94-18 (first reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all alderman present voted, "YES". Motion carried 7--0. AMENDING LMC - CIVIn DEFENSE PLAN: This item was tabled until the August 16th council meeting. AIRPORT AUTHORITY FIRE CONTRACT: RESOLUTION NO. R94-39 A RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY, SAID AGREEMENTS RELATING TO FIRE PROTECTION Motion ~kl Alderman Ke~ that Resolution No. ~94-39 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Lonnie Kellogg stated this will increase the Airport Authority's fire protection fees from $ 220.00 to $ 310.00 a year. This is only a one year contract with the airport, where the other fire service areas have three year contracts. Lonnie explained that it would be better for the city if we went with a one year contract because of the proposed expansion in the future. COMMITTEE REPORTS: --Budg~Finance Committee minutes of July 19, 1994 were presented and reviewed. Motion b.v Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of July 19~ 1994~ into the record~ seconded by Alderman Ehrlick. Motion carried 7--0. Minutes of the City Council of Laurel Page 4 Council Meeting of August 2, 1994 --City Council Committee of the Whole minutes of July 19, 1994 were presented. Motion by Alderman Ehrlick to enter the City Council Committee of the Whole minutes of July 19~ 1994~ into the record, seconded by Alderwoman Kilpatrick. Motion carried 7-~0. --Laurel Airport Authority minutes of June 28, 1994 were presented. Motion by Alderman Kellogg to enter the Laurel Airport Authority minutes of June 28, 1994, into the record, seconded by Alderwoman Kilpatrick. Motion Carried 7--0. --Parks Committee minutes of July 28, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick to grant the Laurel Rod and Gun Club permission to sponsor a kid's fishing derby on August 6th at South Pond~ seconded by Alderman Kellogg. Motion carried 7--0. Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of July 28, 1994, into the record, seconded by Alderman Ehrlick. Motion carried 7--0. In regards to letting Marie consensus of the council to flowers is over. Herman have a key to the wadding pool, it was the let her have one until the growing season for the --Street and Alley Committee minutes of July 21, 1994 were presented and reviewed. COAST TO COAST - ENCROACHMENT PERMIT There was discussion at the committee meeting regarding the items Coast to Coast has on the sidewalks. The committee recommended that the items on the sidewalk not exceed, in width, one lawn mower and that they be kept well away from the corner of Main Street and First Avenue. At the meeting, Dean Rankin stated that the area by the lawn and garden center needs to be kept clear for the grain trucks that come through Hageman Elevator. Dean told Albert Ehrlick that his company just sends him a certain number of lawn mowers, based on what he sold the previous year, and often times it is more than what he wants or really has room for. The committee asked Dean to fill out an encroachment permit but the paperwork was not ready for tonight's meeting. The committee made a motion to approve the encroachment permit for Coast to Coast, provided that they keep the items only one lawn mower width away from the building, that they keep the bench right next to the building and they keep the corner clear. SID - MURRAY HEIGHTS Discussion regarding a SID in Murray Heights. It was stated that there are only four undeveloped lots at this time, two of which are going to be developed in the near future. Chuck feels that everyone in this area would like to see an improvement project lined up and ready to go by next spring. This would only enhance the area and make it nicer for the city in regards to the emergency vehicles and police patrolling the area. Chuck said that when the city is ready, he feels there are a couple of people who would represent this area and closely work with the city in getting something set up. Don Hackmann stated that the best time to start an SID is in the spring. If the planning and organization is done over the next few months, it should be ready to start by spring and it can be put on the tax rolls. Don commented that since he has been City Clerk, all previous SID's were started by the residents of the area. First, they petition for an SID and then they hire an attorney and an engineer who put it all together. At this point, they bring it to the council for approval. Don stated he will give Chuck examples from previous SIDs to go by in getting one started. Minutes of the City Council of Laurel Page 5 Council Meeting of August 2, 1994 ENCROACHMENT PERMITS Chuck stated that he is glad to see the businesses have a means by which they can display their products. He now questioned whether we are going to allow other businesses to do the same? Are we going to allow them to come in and get an encroachment permit that is good for the whole year so they don't have to come in each time they want to display something? Discussion followed and it was stated that the encroachment permit came about when H & R Block requested permission to install a permanent handicap accessible ramp. It was the feeling of some that this permit is for things of a more permanent nature. Lonnie stated that there are several businesses that are using the sidewalks for displaying items on a daily basis. Bob directed the council to look at Section 12.16.040 of the LMC regarding encroachment permits and said it does not make any mention that the permit is daily, monthly or for a year. Then, under Section 12.16.010 of the LMC, it addresses the sale of merchandise on sidewalks on a temporary basis but it not define whether it is daily, monthly or for a year. Bob feels the encroachment permit is for handicap ramp that H & R Block constructed. a permit to display merchandise. something more permanent, like He feels Coast to Coast should does the get Dave said the fee for the encroachment permit says either obstruction. Bob questioned why the ordinance says "sale of merchandise"? structural or Lonnie stated the reason that was put in by the former city attorney was to allow for crazy day sales. They come in and ask the council permission for the sales and we give them permission and they do not need to get individual permits. Bob said he does not feel an encroachment permit covers merchandise being sold on the street. Joe Leckie stated that since there is a statute that deals specifically with the sale of merchandise on sidewalks (Section 12.16.110 of the LMC), it would come under that specific statute. Joe stated that if Coast to Coast wanted to build some kind of display to put his mowers on, then he would need two different permits, one for the display and one for the lawn mowers. Chuck Dickerson kept asking if we are going to make this permit available to every business? Bob Graham said this permit is available to everyone. Lonnie feels Section 12.16.110 regarding the sale of merchandise on the sidewalks is for a temporary situation like Crazy Days. He feels that if they are displaying merchandise on a daily basis, this would fall under the encroachment permit portion listed in Section 12.16.100. If they obstruct property, rather than the temporary sale of goods such as crazy days, he feels it falls under this section and they will have to get an encroachment permit. More discussion and it was stated the if a business gets an encroachment permit, they will have to pay the fee on an annual basis, list what type of things they will be displaying and get council permission for it. In this way the council would have control over what they are doing. Chuck Dickerson again stated that he feels that all businesses should be notified. Several other council members said it is something {hat is available to all businesses and it is not up to the city to go around and notify each one that they can do it. Joe clarified that a temporary sign or things such as a bench or table would need an encroachment permit because they are not merchandise for sale. Minutes of the City Council of Laurel Page 6 Council Meeting of August 2, 1994 Joe said that in the one section, the word temporary needs to be defined. this to the License Committee. Street and Alley Committee by Alderwoman Kilpatrick. enter the seconded minutes Motion will be held on Monday, August 8th at will be held on Tuesday, August permission to leave the state. More discussion and the Mayor referred Motion by Alderman Ehrlick to of July 21, 1994, into the record, carried 7--0. COMMENTS FROM THE AUDIENCE: A Public Utilities Committee meeting 5:00 p.m. A meeting on solid waste Albert Ehrlick requested 9th at 5:00 p.m. Motion by Alderwoman Kilpatrick to grant Albert Ehrlick permission to leave the state, seconded by Alderman Dickerson. Motion carried 7--0. A special council meeting will be held on Monday, August 8th at 7:00 p.m. .to adopt the final budget. APPOINTMENTS: The Mayor appointed Dennis Eaton to the Public Utilities Committee. Motion by Alderman Kellogg to confirm the Mayor's appointment of Dennis Eaton to the Public Utilities Committee, carried 7--0. MAYOR'S COMMENTS: None There being no further business to come meeting was adjourned at 8:05 p.m. seconded by Alderman Dickerson. Motion before the council at this time, Donald L. Hackmann, City Clerk the Approved by the Mayor and passed by the City Council of the city of Laurel~ Montana, this 16th day of August, 1994. ATTEST: Donald L. Hackmann, City Clerk