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HomeMy WebLinkAboutCity Council Minutes 09.07.1993Minutes of the City Council of Laurel September 7, 1993 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 7:00 p.m., on September 7~ 1993. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Donna Kilpatrick Gay Easton Bob Graham Ron Marshall COUNCIL MEMBERS ABSENT: Lonnie Kellogg INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of August 17, 1993, as presented, seconded by Alderman Collins. Motion carried 7--0. CORRESPONDENCE: Received a bid from John R. Coffman for the city lot described as Block 11, Lot 12, Cherry Hills Subdivision, in the amount of $ 6,500.00. The Mayor stated this was discussed at the Budget/Finance. Committee meeting. CLAIMS: Claims for the month of August 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 $ 372,101.97 for the month of August, seconded by Alderman Graham. Motion carried 7--0. CHRISTMAS TO REMEMBER COMMITTEE: Jean Carroll Thompson spoke on behalf of the Christmas to Remember Committee. This committee, along with the Herbstfest Committee, sponsor the festival in Firemen's Park on Herbstfest weekend. They do this to encourage the tourists to patronize our local businesses. Jean Carroll said she has received many calls from local individuals and others from around the state who would like to set up tables. They will be in the park on Friday but they would also like to set up in the business district on Saturday. The committee would contact business owners and get permission from them to set up in front of their stores, including the ones who are closed on Saturdays. Nothing would be set in front of a business who wants to display their own Jean Carroll called L.D. regarding a business license and he said the city does not have a temporary business license. L.D. said the committee could refer some of the people to his flee market if they want to. Jean Carroll said some of the people inquiring about it are commercial vendors. The Herbstfest Committee only allows non-profit organizations in the fest hall so these people have no where to set up. Motion by Alderman Ehrlick to allow tables to be set up in the business district on Saturday, September 25th, seconded by Alderman Marshall. Motion carried 7--0. NON-CONFORMING USE AT 620 2ND AVENUE: Debbie Homing stated she is applying for a business license in the old A Haus of Realty building at 620 2nd Avenue. She would like to open a book store that handles used books to start with and possibly new ones at some point in time. The store would have daytime hours and would not be open in the evenings. Debbie said she visited with two neighbors directly to the north and to the east of her proposed business and they felt this kind of business would fit in with the tone of the neighborhood. Minutes of the City Council of Laurel Page 2 Council Meeting of September 7, 1993 continue the non-conforming use at this address. The resolution says they can continue to use the commercial part of the building for a four person real estate office or some use that is substantially the same. For this reason, it was put on the agenda. Joe said that years ago~ before the real estate office moved in~ there was a book store in the building. Motion by Alderman Orr to approve a business license to Debbie Horning for a book store located at 620 2nd Avenue, pending a fire inspection, seconded by Alderman Graham. Motion carried ?--0. ESTABLISHING A FREIGHT LOADING ZONE - WASHINGTON AVENUE: ORDINANCE NO. 1080 (second reading) Public Hearing: AMENDING SECTION 10.44.030~ LMC, ESTABLISHING A FREIGHT LOADING ZONE ON A PORTION OF WASHINGTON AVENUE PROPONENTS: Paul Thomae, owner and operator of Thomae Lumber, Main Street is applying for a loading/unloading Avenue. located at 501 East zone on Washington Paul stated that he had a petition available at his business asking his customers to sign it if they are in favor of having a loading zone on Washington Avenue. One paragraph of the petition reads~ "We~ the undersigned, would like it known that trucks unloading on Washington Avenue from the alley to Main Street by Thomae Lumber create less of a hazard to the drivers of Laurel and the employees at Thomae Lumber on the fork lift~ than unloading on Main Street." This petition received 68 signatures and Paul distributed it to council members. Paul stated he also sent a letter to his suppliers, asking the delivery drivers to sign his request for an unloading zone if they are in favor of it. These were also distributed to the council. Paul said this issue came up again about three weeks ago. It happened that three semi trucks were unloading at the same time, with two of them being on Washington Avenue. One of the drivers apparently had words with a homeowner in the area. Paul met with the Street and Alley Committee and stated that he will guarantee that there will not be two trucks unloading on Washington Avenue again. If two should arrive at the same time, one will have to pull out before the other one is unloaded. He is asking for the zone from the alley to Main Street, which will border his property and Modern Auto's. Paul said his business is located in a commercial zone and he is trying to operate a commercial business. He does not want to interfere with any homeowners in the area. He just wants to be able to unload in the commercial zone bordering his property. Most of the unloading is done by 5:30 p.m. with the latest ever being 8:00 p.m. and that is only under unusual circumstances. He pays overtime after 5:30 p.m. so he tries not to go past this time. Main Street is a state highway and Thomae Lumber has received permission from them to unload there but Paul said this does not benefit anyone. There is much more traffic on Main than there is on the side streets. Bob Graham asked Paul if he is willing to give up his right to unload on Main Street if this unloading zone is granted on Washington? Paul said if he can unload on Washington, he will not unload on Main Street because of the safety hazard. The only way he would is if Washington is so full of snow that he cannot do it there. There is an unloading zone on Wyoming and a certain amount of materials can be unloaded there but there is more that needs to be unloaded on either Washington or Main Street in order to get it into the yards. Paul said three years ago he got permission from the council to unload Minutes of the City Council of Laurel Page 3 Council Meeting of September 7, 1993 Lumber, that had some words with a gentleman. This man did not even come to Paul and inform him. The first Paul knew of it was when the Mayor came into his store and talked to him. Donna Kilpatrick asked Paul how often he has deliveries to his business. Paul said he has at least one truck every day but it varies a lot depending on the amount of business he is doing. Some days he can have up to five trucks in one day. It takes about 46 minutes to an hour to unload a truck. They unload the trucks on to the boulevard and after the truck has left, they put the material away in the yard. Albert Ehrlick said he came by on Wyoming one morning and Thomae's truck was in the road and it did not have any flashers. Paul said be always tells his employees to use them but with 24 employees it's hard to keep track of them all the time. Paul said he is not here to cause any problems and he does not want anyone to get hurt. He cannot afford the insurance if anyone does get hurt. L.D. Collins asked Paul if he restrictions such as being able and not on weekends. would accept the loading zone with to unload only during certain hours Paul said he did not understand such restrictions since he is open six days a week. Often times he needs materials delivered on Saturdays. Mike Penne, owner of Modern Auto at 601 East Main Street, stated this has been an ongoing problem for years. He has listened to complaints from both sides and he has also talked with council members. Mike said he does not have a problem with the loading and unloading done by Thomae Lumber. One time a truck was being unloaded from both sides in order to get it done and Mike came by with a school bus. One fork lift driver moved so if he can get through with a school bus, no one should have a problem. Mike said another thing brought to his attention was regarding emergency vehicles coming through there. There is a law that if you do not yield to emergency vehicles, you can be cited. Mike said that he has been in the building since 1973 and he only remembers three times when emergency vehicles have used this street. Another complaint Mike heard was regarding the pavement. Mike said you cannot put down pavement designed for residential streets in a commercial district and expect it to hold up. You have to put down a base good enough to hold the pavement and you have to put good pavement down, not the rolled kind like they do in residential areas. Mike said the unloading on Washington has not obstructed his business. He parks his vehicles on his property, leaving room for vehicles to get by on the street. In addition, Mike said he was told the commercial district runs all the way to First Street. The council has to realize they are running a business in a commercial district and Mike said there are times he may obstruct the street when he is towing such large items as a bus. Mike is in favor of the unloading zone and stated he has had no problems with the semi trucks or the hours that they unload. OPPONENTS: Herman Sorg, property owner at 13 Washington Avenue, said it is nice not to have the semi trucks and fork lifts bothering all the people coming down Washington. As a property owner, Herman feels he represents some of the public when he says the highways and sidewalks are all public property. He has nothing against Paul doing his business on his own property. Why should he use public property for his business? Herman said Mike Penne has no problems with harassment but Herman feels Mike has harassed him for 17 years and Paul has done it for three years while he has been using Washington Avenue. Tim Bennett, 12 Idaho, stated that he uses the alley to go back and forth from his property. He is not actually living at this residence now but plans to when the work is done. Since he has been working on it~ he can foresee problems with the trucks and fork lifts unloading on Washington and Main Street. Tim said they don't look for cars Minutes of the City Council of Laurel Page 4 Council Meeting of September 7~ 1993 car. These are the things Tim is concerned about that make it a safety hazard. Tim was asked if he has actually seen the trucks block the alley? Tim said they do not block the alley but they park in the middle of the street so they can unload from both sides so you really have to watch out for the fork lift drivers and any employees that are on foot. Tony Rehling stated they do block the street. The comments he had to make tonight have already been covered by others. Herman Sort asked if Paul Thomae ever got permission from the State Highway Department to unload in front of his place? Several council members and the Mayor stated that he did. Herman said he talked to a state highway man the other day and he said Paul has no business out there. The State Highway Department owns from the railroad right-of-way to the sidewalk. If he got permission, he'd like to see it. Joe Bradley said there is no express permission. The council might recall that we invited Paul to come to a meeting and discuss it. It is within the power of the city to stop him from doing it but the council decided not to do anything about it. You said he did not have a chance. Since it is also a state highway, Paul checked with the state people and so did Joe. They said they would do nothing to stop him and they did not have a problem with it. They gave Paul some guidelines to follow regarding setting up cones and such and Paul has been following them. Joe said no one wants to go on record as giving him express permission · to unload in the middle of a highway because if there is ever an accident~ then everyone gets sued, including us. The council did not want to give permission and yet we did not want to stop him, so we just kind of ignored it. Going back to earlier comments, Joe told Bob Graham that the council could give Paul the loading zone on Washington and stop him from unloading on Main Street. Joe is not recommending this but it is an option the council has. There was more discussion about what has been done in the past regarding unloading and storage, especially when Paul was getting in a lot of shingles. Bob Graham questioned whether the city would be liable occurred and we have given Thomae's permission Washington? if an accident to unload on Joe said Paul needs a little bit different loading zone than most people. He cannot be right at the curb and still unload his material. He needs to be out in the street and we still need to make sure that it is properly marked. Joe said the city could possibly be held liable if we have created a hazard. As Paul said, it is less of a hazard on Washington than it would be on Main Street. Darrell McGillen spoke as a business owner of the Palace Bar and Lanes at 305 East Main. He has been in the business since 1971 and he is one business who takes direct delivery of all products off Main Street. He has never asked for permission from the state or the council, in all those years, to have deliveries on a daily basis from the beer and pop companies, chip companies, UPS and the postal service. He does not think this is an issue of blocking Main Street for a delivery or unloading. Why now has it become an issue? Joe stated that when Thomae takes of traffic and the time factor is vendors delivering in Laurel. Joe anyone has ever done. a delivery, it can block two lanes longer than it is for most other said it is more extensive than what Minutes of the City Council of Laurel Page 5 Council Meeting of September 7, 1993 Vicki Metzger said she does not recall any delivery permits being issued to vendors who deliver to Thomae Lumber. The Mayor declared the public hearing closed. It was suggested that this item be referred to the Street and Alley Committee in order to discuss and make restrictions for amending Ordinance No. 1080. A final vote on the motion can be made at the September 21st council meeting. Motion by Alderman Graham to table the vote on Ordinance No. 1080 (second reading) until September 21st and refer this to the Street and Alley Committee for an amendment regarding restrictions, seconded by Alderman Collins. Motion carried 7--0. There will not be another public hearing. SALARY OF CITY JUDGE: ORDINANCE NO. 1081 SALARY OF THE CITY JUDGE Public Hearing: No comments. The Mayor declared the public hearing closed. (second reading) Motion by Alderman Marshall that Ordinance No. 1081 (second reading) be passed and adopted, seconded by Alderman Graham. Motion carried 6--1 with Alderman Orr voting, "NO". DISPOSAL OF OLD COMPUTER SYSTEM: It was stated that the conversion to the new computer system is complete and we need to dispose of the old one. The system is obsolete and no one wants it so we need to dispose of it. Motion by Alderman Graham to haul the old computer system and all old scrap metal to Pacific Hide and Fur for disposal, seconded by Alderman Ehrlick. Motion carried 7--0. AWARD BIDS FOR STREET MATERIALS & PETROLEUM PRODUCTS: The bids were opened at the council meeting on August 17th and referred to the Street and Alley Committee for a recommendation. The committee reviewed the bids and recommended the following: Cold laid asphalt - Empire Sand and Gravel - $ 45,800.00 Liquid asphalt - Cenex - $ 26,760.00 Road materials - Krug and Sons - $ 48,875.00 Petroleum products - Laurel Co-op Assn. $ 20,218.00 Motion by Alderman Collins to accept the recommendation from the Street and Alley Committee regarding the bids, seconded by Alderman Marshall. Motion carried ?--0. COMMITTEE MINUTES: --Budget/Finance Committee minutes of August 17, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of August 17, 1993, into the record, seconded by Alderman Orr. Motion carried 7--0. Bob Graham stated that at the Budget/Finance Committee meeting tonight, a bid was received from John Coffman for the city lot in Cherry Hills Subdivision~ Block 11, Lot 12. The bid was for $ 6,500.00 and it was rejected by the committee. --City Council Committee of the Whole minutes of August 17, 1993 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of August 17, 1993, into the record, seconded by Alderman Graham. Motion carried 7--0. Minutes of the City Council of Laurel Page 6 Council Meeting of September 7, 1993 --Garbage Committee minutes of September 2~ 1993 were presented and reviewed. Motion b.v Alderman Graham to enter the Garbage Committee minutes of September 2, 1993, into the record, seconded by Alderman Marshall. Motion carried 7--0. --Safet~ Committee minutes of August 31, 1993 were presented and reviewed. Motion ~2cAlderman Marshall to enter the Safety Committee minutes of August 31~ 1993~ into the record~ seconded by Alderman Ehrlick. Motion carried 7--0. --Street and Alle~ Committee minutes of August 30, 1993 were presented and reviewed. Motion ~ Alderman Ehrlick to enter the Street and Alley Committee minutes of August 30, 1993, into the record~ seconded by Alderman Graham. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Bob Graham requested permission to leave the state. Motion b.v Alderman Ehrlick to grant Bob Graham permission to leave the state, seconded by Alderman Collins. Motion carried 7--0. The Deputy Clerk stated that the new updates are in for' the code books. The code books can be brought in to the clerk's office and they will be updated. APPOINTMENTS: The Mayor stated there is a vacancy on the Preservation Board, created by Kent Harris who moved out of town. If anyone is interested or knows of someone who would like to serve on the board, let him know. There being no further business to come before the council at this time~ the meeting was adjourned at 8:04 p.m. Approved by the Mayor and Laurel, Montana, this Sharon Herman, Deputy City Clerk passed by the City Council of the City of 21st day of September, 1993. Donald L. Hackmann~ City Clerk Char~ Rodg~Mayor