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HomeMy WebLinkAboutCity Council Minutes 05.03.1994Minutes of the City Council of Laurel May 3, 1994 A regular meeting of the City Council of the Montana, was held in the Council Chambers and called Charles Rodgers at 7:00 p.m., on May 3, 1994. City of Laurel, to order by Mayor COUNCIL MEMBERS PRESENT: John Minch Albert Ehrlick Chuck Dickerson Donna Kilpatrick Gay Easton Bob Graham Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman I£e]logg. MINUTES: Motion by Alderman Ehrlick to approve the mSnutes of the meeting of April 19, 1994, as presented, seconded by Marshall. Motion carried 8--0. regular Alderman CORRESPONDENCE: Received a letter from the Department of Health gciences~ Water Quality Bureau, regarding the discharge permit fee in the amount of $ 2~286.00. and Environmental annual wastewater Received a letter from the Yellowstone Historic Preservation Board regarding the appointment of Gail Kenson, Yellowstone County Planning Department, for the position of preservation officer. Received a letter from the U.S. Department of Housing and Urban Developmenk regarding establishing state coordinators. Received a letter office regarding $ 3,098.00. from the Yellowstone the 1994-95 proposed County Air budget. Pollution Control Laurel's share is Received a memo from the Montana League of Cities and Towns regarding Local Government review flyers. Received a memo from the Montana League of Cities and Towns regarding league dues for 1994-95. Laurel's fee will be $ 1,535.22, which is 27 cents per capita, Received a letter from Cheryl Marshall requesting a leave of absence from her position as Laurel Volunteer Ambulance Director until December 3], 1994. Motion by Albert Ehrlick to grant Cheryl Marshall a leave of absence from her position as Ambulance Director until December 31, 1994, seconded by Alderman Dickerson. Motion carried 8--0. Received a report from the Laurel Police Reserve regarding the hours logged in the 3rd quarter of 1995-94. Received a letter from City Attorney, Joe Leckie, regarding the First National Pawn lawsuit. Received a memo from Josephine Meccage, Communications Officer, regarding a second part-time communications officer. Received an overview of the Americans with Disabilities Act of 1990. In regard to a question, Joe Leckie explained the lawsuit that First National Pawn has against the city. The legislature passed a statute that allows a police officer to take property from a pawn shop that they have reason to believe is evidence in a crime. First National Pawn filed the lawsuit because they feel it is an uaconstitutional violation of 'their property. CLAIMS: Claims for the month of April were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve all claims in the amount of $ 289,941.92 for the month of April, 1994, seconded by Alderman Dickerson. Motion carried 8--0. Minutes of the City Council of Laurel Page 2 Council Meeting of May 3, 1994 TRANSIENT PROBLEM - MARY ANN GUENTHNER: {Clerk's Note: On May 2, 1994, the City Clerk received 59 pages of petitions with 686 signatures from people concerned about transients at 506 Birch Avenue and panhandlers around the city.) Mary Ann Guenthner addressed the Mayor and Council and read a letter regarding the petition to change city ordinances to ban panhandling in the city of Laurel. The letter reads as follows: On behalf of the neighborhood at the east end of Laurel and the people who signed the petitions~ we are here to express our concerns to you regarding panhandling in Laurel and inform you about incidents that have taken place. I~m sure everyone caught up in this matter has as much compassion for their fellow man as anyone~ but when people's generosity and kindness are abused, it becomes a neighborhood and eventually city safety concern for themselves and their families it's time to bring the panhandling to a complete halt! Three panhandlers appeared on the street during the winter months of 1994. On or around April 1st, one of these panhandlers beat a person~ who provided them a place to stay, with an object of some sort. After the beating the injured person was gone about a week and while gone, there were numerous panhandlers seen coming and going from the injured person's home. As many as 12 on Easter Sunday. A couple of days after Easter some panhandlers~ 5 abreast with six dogs~ came down a street; one was wearing the cap of a child living across the street. The child recognized the cap and said, "He's wearing my cap." The cap had been stolen from the child's parents' vehicle along with a pair of new gloves. A worn out pair of gloves was left in their place. People have written letters to the newspaper trying to warn others that they are being ripped off and taken advantage of by the panhandlers. Clerks will tell you the panhandlers come into the store and buy one food item just so they can cash in their food stamps. The clerks said that they wondered how they were getting the food stamps. The neighbors suspect they are using the house address where they are staying to obtain food stamps. The panhandlers tried to bet the clerks $ 10.00 that they have more money today than the clerks and displayed large rolls of money estimated to be $ 300 to $ 400. Another clerk said he has seen panhandlers with what appeared to be as much as six or seven hundred dollars. The panhandlers are faring well in Laurel and the number of them keeps growing. If an ordinance is not put in place to ban panhandling and enforced soon, Laurel could become a panhandler haven and the number of panhandlers could increase to epidemic proportions. The woman who allowed the panhandlers in her home asked a neighbor what had been going on while she was gone for a week (after she was beaten) because her house was thrashed. The neighbor tried to explain that with the life style she was leading, what could she expect. The woman told the neighbor that the panhandlers were her friends and they are rich~ really rich. While working on the petitions we talked to many people. A lady told that her grandson was at the car wash when he was approached by a panhandler for money. When the grandson told him to get a job, he replied, why should I, they (the people) give it to me. Another person told of a friend who was at a grocery store and she felt so sorry for a panhandler that she went to the deli and bought two sandwiches for the panhandler. By the time she got to the check out stand the panhandler was in front of her paying for a bottle of wine. She did not buy the deli sandwiches. A pharmacist in Laurel said the panhandlers come into the store and pester him. A woman was seen walking her dog at 11 p.m. on a Saturday night on Alder Avenue by Nutting Park. Later someone talked to her and cautioned her about being out so late at night with panhandlers in the area. She had not heard of the problem as yet and commented that they had .just moved here from back east tn ~ ~w~v ~w~m ~h~+ +~ ~ Minutes of the City Council of Laurel Page 3 Council Meeting of May 3, 1994 Neighbors of the person who let the panhandlers live in her house observed an argument between her and one of her panhandler friends outside of the house. The argument grew louder and louder. The panhandler said he didn't give a blankety, blank about her neighbors or people living on this street, you listen to me and he back-handed her. Another neighbor said she also observed a fight on the sidewalk in front of her front door between this woman and one of her panhandler friends. The woman said she wanted the blankety, blank hobos out of her house and the panhandler said, you ain't got nothin to say about it. Questions are being asked, such as: How many of these panhandlers are on wanted or even most wanted lists? How many are mentally unstable and abusive? How many are drug users and alcoholics? Last Wednesday a panhandler came down the street staggering drunk around 6 o'clock p.m. A neighbor was getting in his pickup when the panhandler asked first for directions, then if there were any trains to Billings and then for a ride. The neighbor told him to keep moving. The neighbor drove around the block twice to make sure he had left. Taking into account all that has been going on since these panhandlers arrived in town, theme is a great safety concern for the well being of residents, especially at night. The panhandlers have been keeping a low profile since petitions have been circulated. They are walking different streets and alleys, coming in later at night and leaving earlier in the morning. It's like out of sight, out of mind, but don't be deceived, they are there. We have given all of you a copy of the article, "America's Retreat from Disorder" from U.S. News and World Report, April 25, 1994. If Seattle can pass a Sit Down Ordinance and have it upheld by a Federal Judge and New York can ban panhandling and make it stick in court, then Laurel, Montana can do the same. Don't let Laurel become a panhandler haven! Thank you for your consideration of this matter. The letter was signed, Concerned Residents and Petition Signers. Sue Knoll stated she is here on behalf of her father, Hubert Walton, who lives next door to this woman. She said her father is wheelchair confined and is afraid after what has happened to this woman. She went to the police and asked what can be done. They said that until they actually break the law, nothing can be done. Regarding all the dogs who are using her father's yard as a bathroom, the police said they cannot do anything about it. The police then told her about the rights of these people. Mike Atkinson commented regarding the beating that took place and stated that both the woman and man were arrested. In regard to the dogs, Mike said they have cited the woman for having more than the legal limit of dogs and that is about ail they can do. Mike said he does not know what effect a panhandling ordinance will have on this situation. Even if you have such an ordinance, the police cannot legally kick the people out. Mike sympathized and said he would not want to live next to them either. Ron Marshall stated the Police Committee met last night and Joe Leckie gave them two samples of panhandling ordinances for their consideration. They discussed them and choose the one they felt addressed safety concerns. Ron read this ordinance for the benefit of the audience and recommended that this ordinance be drawn up and submitted to the council at the next meeting. Motion by Alderman Graham that this ordinance be drawn up and submitted to the council, seconded by Alderman Ehrlick. Albert Ehrlick said the Laurel Outlook reported that the panhandlers come into town and go to Community Hope and then leave town. According to Albertl this is not so. They have been here all winter long and they rotate spots. Mary Ann Guenthner said a man and woman in her area Minutes of the City Council of Laurel Page 4 Council Meeting of May 3, 1994 county authorities said this woman did not know right from wrong and was not capable of standing trial. Since that time, she has been down to Family Services twice and they said she is capable of right and wrong and of making her own decisions. Mary Ann said that after thinking about it, this woman must be smart enough to play both agencies that have been involved in this issue. Mike Atkinson reported that this woman has an attorney that is handling the affairs of her family. Mike and Joe Leckie have been trying to contact him and maybe there is something he can do, Mary Ann said they are bringing people to this house all the time and it is a real safety concern for the people who live around it. She doesn't know what to do or how they can get them out of the neighborhood. Bob Graham questioned Joe Leckie if there is anything else we can do? John Minch said this is a step in the right direction but he feels we need to follow up and adopt ordinances similar to what Seattle and New York did, referring to the article that Mary Ann distributed from U.S. News and World Report. Joe Leckie addressed the news article and said it prohibits persons from sitting or lying down on sidewalks in commercial zones but that does not seem to be our problem here. In regard to the house, we may be able to approach it from a zoning standpoint because we have too many unrelated parties living in the same house at the same time. Joe questioned how you identify a panhandler since they do not wear a sign. There is a practical problem in trying to identify and define what you want to prohibit. Joe said he sympathizes with this problem but how you address, becomes a lot more difficult without trying to violate the constitutional rights of everyone in the city of Laurel. Sedley Barsness questioned Donna Kilpatrick about a park table that was removed from Firemen*s Park. Donna said it was removed so the transients would not stay there. The transients left garbage by it, making it a mess and it was easy for them to spend the night on it and then hide in the bushes. Sedley stated that they have had their business across from Firemen's Park for 14 years and they have had to accept the hobos. They thought it was an extreme measure by the city to have to take machinery into the park to physically uplift a table that had been cemented into the ground~ 3ust to get rid of the hobos. Sedley feels the council needs to come up with some other solution than pulling out the park tables. Gay Easton stated that the table had a broken leg and because of dead branches in the tree above it, they were concerned about the public's safety if someone should be under it when a branch comes down. Carole Manley stated that she lives on the west end and has not personally experienced these problems that Mary Ann mentioned but she is concerned that it will spread to other parts. Carole said she talked to a lady who lives on the outskirts of Laurel and a panhandler approached her asking for food. This lady commented that she was by herself and she was afraid that if she did not oblige him, she was concerned about how he would have reacted. Regarding rights, Carole said everyone in this our rights are controlled. If we could get ordinance, it is better than nothing. town has rights, but some control from an Chuck stated there is a motion on the floor to draft an ordinance. vote was taken on the motion, Motion carried 8--0. A Albert Ehrlick said you have to remember that the panhandlers may have rights but it is still our tax dollars they are playing with, A woman from the audience said she lives in this neighborhood and she wanted to point out that the house in question is less than a block away from Nutting Park where all the little girls are playing softball. A lot of parents drop the girls off assuming they are safe and she doesn't feel thev are with the nanhand]~rm Page 5 Council Minutes of the City Council of Laurel Meeting of May 3, 1994 Sue Knoll said her father has noticed that the police are patrolling this area more often and they do appreciate it. Mike Atkinson said he does not like what is happening in this neighborhood but he cannot legaliy do anything about it. He did encourage the people in the neighborhood to call the police department every time they see something happen. Mike checked the computer and said there have only been two or three complaints from people in the neighborhood. It doesn't do any good to tell your neighbor, you have to tell the police. Mike said that even if they cannot do anything about it, it gives them a reason to go down there and check these people out. Carole Manley said these people hold signs that say they will work for food. She feels that if they were serious about working, they would go to Job Service, Community Hope, Salvation Army, or other such places and try to find work. Carole said we need an ordinance that has some "teeth" to it and the one that was read is fine to a point but questions whether it is enough. A man in the audience said that the more the panhandlers are bothered, hopefully the faster they will move on. Mike said we need a reason to check on them and that comes in the form of complaints from the neighbors. It would be harassment for the police to go out and check on them without acting on a complaint. This man stated that there are 25 hobos sitting in the trees off of Yard Office Road. The problem is not just in town. Mike said there is nothing the police can do if they are just sitting there. A woman questioned whether someone could put an article in the paper and inform the local residents that they are not doing the town any favors by helping these people since they are making more than most of US. Dave Holycross questioned whether this is the railroad's problem. Since it is their property, shouldn't they be the ones to get them to move on. Mike said the railroad has started enforcing their trespassing laws and will not allow the hobos back on their property and this is contributing to our problem in the city limits. Donna stated she would like to have Joe check into the zoning regarding having to many unrelated people in one house. NEW HOUSING PROPOSAL - BOYER & WENINGER: Tom Boyer stated he is a contractor and developer out of Billings. It has been difficult to build modest homes for the FMHA and FHA programs because of up front costs. He has researched different areas in which to build and the cost is so horrendous that it would take a millionaire or someone with strong financial backing to do so. Tom is concerned about coming up with affordable housing which would run about $ 72,600~00 and still qualify for FHA~ FMHA, conventional and MBHA buyers. In the past, the developer has had to pay up front for installing city water, sewer and all utility hookups, before the building permits would be issued. Tom proposes that the city network within the community to cut costs and encourage new development of lots that would cost approximately $ 12,500.00. Tom said he has some sites he is looking at but he needs time to put together the network system and get it approved by the council. They need a time frame of about two years to pay all the public improvement costs. Tom proposes that as a lot is finished, a portion of money be set aside in an escrow account~ earmarked for these improvements. Once a block is finished, this money would be used to finish the Minutes of the City Council of Laurel Page 6 Council Meeting of May 3, 1994 street, curb and sidewalk. This way the home for the improvements instead of the investor, outrageous profit on the interest. buyer would be paying who would be making an Tom asked the council to look at this as he feels it would open up avenues for new development throughout the city and get the housing market going, The Mayor asked Tom if he has any specific area in mind for development? Tom stated he is looking at lots in Nutting Brothers Subdivision which can be developed for housing and/or a trailer park. Other areas available for development that fit FHA and FMMA's specifications are Willow Creek and Cherry Hills. Cal Cumin said there is nothing for the council to do tonight. Nothing needs to be done until a specific piece of property has been chosen and a plan for it has been presented. The council is not willing to say we will waive such things on every subdivision. Each piece of property is looked at individually at the time of development. Cal said he told Tom today that when he gets a piece of land that he is interested in, he needs to go through the annexation process. This process spells out where all the utilities are located, where the streets will be, how you will get access to them, etc. What Tom is asking for cannot be addressed tonight. This would be addressed at the time a specific piece of land is considered. The Mayor said this should be addressed and brought through the Planning Board. Dave said that certain lots in this subdivision are outside the city limits and the improvements would have to go through the Planning Board. Tom said he talked to a buyer who was concerned about being annexed into the city because he would be subject to higher taxes. He does not want to be stuck with SID's and improvement costs. Tom said that if the city would act on his proposal, he could approach buyers and let them know that the city of Laurel is willing to give them time on the curb, gutter, sidewalks and streets. More discussion followed and Cal Cumin stressed that these issues have to be addressed at the time a specific piece of property is being considered because you have to look at the conditions that apply to that property. Albert Ehrlick stated that we do not want to get into the same type of situation that we had several years ago with Malit Subdivision. That was a mess and the improvements were not made at the time of construction and the homeowners thought the city was going to pay for it, The Mayor advised Tom to go to the City-County Planning Board and Cai clarified that the Planning Board cannot act on anything until he has a specific proposal to act on. They cannot just establish a broad policy that covers everything. CONTRACTOR'S LICENSE & BONDING REQUIREMENTS: ORDINANCE NO. 094-6 (second reading) ADDING SECTION 5.08.040 TO THE LAUREL MUNICIPAL CODE CONTRACTOR'S LICENSE AND BOND REQUIREMENTS Public Hearing: OPPONENTS Dick Franks stated that this particular ordinance will not affect him since he will be grandfathered in but he does have some concerns. Every time something like this is done~ it puts more controls on the businessman that he has to overcome. He said you will end up with a situation like we have at the landfill wh~rp ~h~ ~r~.m~.~ 4~ Minutes of the City Council of Laurel Page 7 Council Meeting of May 3, 1994 Dick said all of these types of things are what is dragging up the costs to the contractors. Everyone is saying this is just a little bit, but costs have about doubled for housing in the last three years. Dick questions how young people will be able to afford housing in the future. Dick does not think this will solve our problems. The only ones who are going to pay attention to it are the ones who want to be legal, the others will disregard it. PROPONENTS: None Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Graham. Motion carried 8--0. Motion by Alderman Kellogg that Ordinance No. 094-6 be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen voted, "YES" except Alderman Minch, who abstained. Motion carried 7--0. A resolution will be presented at the next meeting to establish the amount of bond fee for each type of contractor. FEE FOR LAMINATING DOCUMENTS: RESOLUTION NO. R94-14 ESTABLISHING FEES AND CHARGES TO BE COLLECTED FOR LAMINATING NON-CITY RELATED ITEMS Motion by Alderman Marshall that Resolution No. R94-14 be passed and adopted, seconded by Alderman Minch. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of April 19, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of April 19, 1994, into the Alderman Marshall. Motion carried 8--0. the Budget/Finance record, seconded by --Budget/Finance Committee minutes of April 20, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of April 20, 1994, into the Alderman Ehrlick. Motion carried 8--0. the Budget/Finance record, seconded by --Budget/Finance Committee minutes of April 27, 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of April 27, 1994, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --City Council Committee of the Whole minutes of April 13, 1994 were presented. Motion by Alderman Kellogg to enter the City Council Committee of the Whole minutes of April 13, 1994, into the record, seconded by Alderman Marshall. Motion carried 8--0. --City Council Committee of the Whole minutes of April 19, 1994 were presented and reviewed. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of April 19, 1994, into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --License Committee minutes of April 28, 1994 were presented and reviewed. Discussion regarding the application for a business license by Greg VanBerg at 620 2nd Avenue. It was stated that this has not gone through the Planning Board and it must go there first. Minutes of the City Council of Laurel Page 8 Council Meeting of May 3, 1994 More discussion and Cal Cumin stated that whether or not they can continue the use in this building is not a planning issue, it is a city council issue. The Planning Board met on it a year ago and they could not make a decision, so it went to the city council. The overriding concern was that several years ago, the council reissued an ordinance to A Haus of Realty allowing that use to be there. (Clerk's Note: On January 3~ 1984, the council passed Resolution No. 2044, granting a non-conforming use.} A year ago, the council extended this use. Cal said it is now before the council. It was stated that the council turned down a request last year for a counseling service and a photo business in this building, but did approve the book store. Joe Leckie stated this portion of the building that contains the business has been provided this use as long as it does not go outside this part and into the home portion of the building. The ordinance says it can be used for similar use and the question is whether this craft store is considered a similar use. If it is considered similar, the license can be approved. Bob Graham said he feels the craft business is a similar use. Motion by Alderman Graham to approve a city business license for Greg VanBerg at 620 2nd Avenue~ seconded by Alderman Marshall. More discussion about the use in this area and whether we are getting further and further away from the original usage. At this time, Alderman Graham withdrew his motion and Alderman Marshall withdrew his second. Motion by Alderman Graham to refer this back to the Planning Board for further study, seconded by Alderman Ehrlick. Motion carried 8--0. Motion by Alderman Graham to enter the License Committee of April 28, 1994~ into the record, seconded by Alderman Motion carried 8--0. minutes Ehrlick. --Park Committee minutes of April 28~ 1994 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of April 28, 1994, into the record, seconded by Kellogg. Motion carried 8--0. Committee Alderman --Police Committee minutes of May 2, 1994 were presented and reviewed. Motion by Alderman Marshall to allow the police officers the option of wearing standard uniform issued shorts during the summer, seconded by Alderman Dickerson. Motion carried 8--0. Motion by Alderman Marshall to enter the Police Committee minutes of May 2, 1994, into the record~ seconded by Alderman Graham. Motion carried 8--0. --Street and Alley Committee minutes of April 23, 1994 were presented and reviewed. Albert Ehrlick reported that a culvert on South after you cross the railroad tracks, is too small. in it and weeds are growing in it now and when we water runs all over the road. 4th Street, right Silt has built up have a rain, the Regarding the problem of gravel in the gutters at Village Subdivision, Lonnie Kellogg stated that many of the lots are individually owned and it will be the city's responsibility to notify each individual owner in addition to notifying Mr. Tolliver. Mr. Guenthner who lives in Village Subdivision, said it was his understanding that approximately 13 years ago the city approved the type of curb that is being used and at the same time they approved the covenant that stated there would be off street parking for two vehicles. Me said that anyone who goes out there can see that this type of curbing will not allow it because it tears up the front of your car. There are 42 people out in Vitla~e that have ~rave] in Page 9 Council Minutes of the City Council of Laurel Meeting of May 3, 1994 Mr. Guenthner said he has since found out that the city has an ordinance against putting gravel in the curbs because it prevents the flow of water. He was wondering if they can put some kind of steel plate or grading from the street to the top of the curb which would still allow the flow of water under it. The Mayor stated this was discussed earlier tonight and the Street and Alley Committee will address this at their next meeting and look into this option. Jack Spears, 2306 Atchison, stated he received bids from two different contractors and one wanted $ 839.00 to cut out the curb and put in a driveway approach, the other one wanted $ 485.00. Faye Kangas, 2307 Atchison, received a bid of $ 1,300.00 to do this work. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of April 23, 1994, into the record, seconded by Alderman Easton. Chuck Dickerson spoke regarding the striping of 12th Street. There has been discussion about striping from 1st Avenue to Valley Drive but Chuck feels it needs to be continued to at least 8th Avenue. The road narrows down considerably in one area and it is dangerous and he feels the striping would help the safety factor in this area. In this area where it is very narrow, oars are parking along the street, making the situation even more dangerous. Albert sa~id that half of this street belongs to the county and if you did this, you would be opening a can of worms. Chuck said he understood that because of special improvement districts, the city has accepted 12th Street into the city. Dave Michael said it belongs to both the county and the city equally. Chuck said that regardless of who should stripe at least this narrow someone gets hurt. owns this street, he feels that we section of 150 yards or so, before Bob Graham agreed with Chuck that this is a very dangerous situation and we need to do whatever we can to make it safer. Discussion about the number of children that use the foot bridge off of 12th Street and the speed of the traffic on the street, even though it is posted at 25 miles per hour. Mike Atkinson said that when they patrol this area, they have found that the cars are driving the speed limit or just a mile or two over the limit, but it is not enough to ticket them. Motion by Alderman Graham to direct Dave Michael to contact the county and take action to get 12th Street stripped, seconded by Alderman Dickerson. Motion carried 8--0. Cal Cumin suggested that we talk to Bill Kennedy, County Commissioner, when he is in Laurel about getting this done. VACATE ALLEY Richard Legate, 1202 West Maryland, is requesting that the city vacate the alley beside his house. It is an unused alley that has a lot of weeds growing on it and there are no utilities in it. He would like at least 10 feet and his neighbor could have the other 10 feet if he wants it, but if he doesn't, Richard would take the entire 20 feet and add it to his property and pay taxes on it. Dave Michael said this alley was created between Phase I and Phase II of Cherry Hills Subdivision. The length of the alley that would be vacated would be 103 feet so it would not interfere with the east/west alley, if it is ever extended. The Mayor suggested that this be taken to the Street and Alley Committee for study and a recommendation. Joe Leckie reviewed the process for vacation, stating that we need a petition submitted to the council of all the a~ia~n~ n~+~ ........ Minutes of the City Council of Laurel Page 10 Council Meeting of May 3, 1994 advertisement of when this will be brought up by resolution. A public hearing will be held on it and then the council will vote on whether to vacate the land. A vote was taken on the motion to enter the minutes. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: The Mayor stated that Cheryl Marshall has requested a leave of absence from her position as Ambulance Director. He would like to appoint Sharon Herman as acting Ambulance Director in Cheryl's absence. Motion by Alderman Dickerson to confirm the Mayor's appointment of Sharon Herman as acting Ambulance Director', seconded by Alderman Graham. Motion carried 8--0. The Mayor appointed Gall Kenson to the Historical Preservation Board. Motion by Alderwoman Kilpatrick to confirm the Mayor's appointment of Gall Kenson to the Historical Preservation Board, seconded by Alderman Ehrlick. Motion ~arried 8--0. The Mayor appointed Myra Due as a new ambulance attendant. Motion by Alderman Ehrlick to confirm the appointment of Myra Due as a new ambulance attendant, seconded by Alderman Dickerson. Motion carried 8--0. MAYOR'S COMMENTS: John Minch reported that the Caboose Saloon would like to close South 7th Avenue on July 2nd from 7:00 a.m. to 8:00 p.m. in order to unveil their life size cowboy and horse. Motion by Alderman Minch to close South 7th Avenue on July 2nd from 7:00 a.m. to 8:00 p.m., seconded by Alderman Easton. Motion carried 8--0. The Mayor commented that the Police Reserve is putting in a lot of hours and they are doing an outstanding job in the city of Laurel. The Mayor stated that he would like all council members and department heads to stay at the council meeting until it is over, unless otherwise excused. There being no further business to come before the council at this time, the meeting was adjourned at 8:39 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the city council of the city of Laurel, Montana, this 17th day of May, 1994. Donald L. Hackmann, City Clerk