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HomeMy WebLinkAboutCity Council Minutes 12.07.1993Minutes of the City Council of Laurel December 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 December 7, 1993. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Donna Kilpatrick Gay Easton Bob Graham Ron Marshall Lonnie Kellogg COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Reverend Peterson. MINUTES: Motion by Alderman Marshall to meeting of November 16, 1993, as Ehrlick. Motion carried 8--0. approve the presented, minutes of the regular seconded by Alderman CORRESPONDENCE: Received a memo from the Laurel Chamber of Commerce Nominating Committee regarding nominations to serve on the Board of Directors. Received a letter from AAA of Montana, Protection Program. regarding the Pedestrian Received the November newsletter from the Montana Municipal Insurance Authority. Received the fall newsletter from the Montana League of Cities and Towns. CLAIMS: Claims for the month of November 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 $ 223,314.58 for the month of November, 1993, seconded by Alderman Orr. Motion carried 8--0. PUBLIC HEARING - SEWER RATE INCREASE: This being the time and place advertised, a public hearing was held. PROPONENTS Dave Michael distributed, sewer rate increase. presented and reviewed information on the OPPONENTS - None Motion by Alderman Graham to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 8--0. RESOLUTION NO. 2679 A RESOLUTION RAISING CITY SEWER RATES AND CHARGES SO AS TO INCREASE TOTAL ANNUAL REVENUES NOT TO EXCEED 6% Motion by Alderman Marshall that Resolution No. 2679 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. The Mayor thanked Dave Michael for all his work in compiling the information for the rate increase. GAlL KENSON - HISTORIC PRESERVATION BOARD APPOINTMENTS: Gall Kenson, AICP Planner, stated that the Nominating Committee for the selection of the balance of the board members for the Yellowstone Historic Preservation Board recommends the following joint nominees: Mike Tuss - one year term Vern Bass - one year term Fred Gilreath - one year term Marvin Keller - two year term John Devitt - two year term Minutes of the City Council of Laurel Page 2 Council Meeting of December 7, 1993 Gail stated that Gloria Wester was Laurel's representative on the Nominating Committee and she participated in the interviews to nominate candidates. Motion by Alderman Collins to approve the appointees and their terms listed above to the Yellowstone Historic Preservation Board, seconded by Alderman Ehrlick. Motion carried 8--0. BID OPENING - FIRE TRUCK: This being the time and place advertised, the bids received were opened. Darrell McGillen stated this is not actually a bid on a fire truck but rather on a chassis to build a fire truck. Fichtner Chevrolet 202 South East 4th Street Laurel MT 59044 Bid Bond Check $ 1,823.90 1994 Chevrolet 1 Ton cab/chassis .............. $ 18,239.00 Laurel Ford 317 East Main Street Laurel MT 59044 Bid Bond Check $ 1,990.00 1994 Ford F350 1 Ton 4WD cab/chassis .......... $ 19,900.00 The bids were referred to the Fire Committee for review and a recommendation will be made at the next council meeting. A Fire Committee meeting will be held on Tuesday, December 14th at 5:00 p.m. AGREEMENT REGARDING DEFERRED COMPENSATION: RESOLUTION NO. 2680 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND SECURITY FEDERAL SAVINGS BANK, SAID AGREEMENT RELATING TO DEFERRED COMPENSATION Don Hackmann explained that this is a renewal of our deferred compensation plan. There were three options available and the consensus of members present at the meeting was to go with the one year plan. Motion by Alderman Kellogg that Resolution No. 2680 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. INTENT TO REVOKE BUSINESS LICENSE -BEST VALUE ROME IMPROVEMENT CENTER: RESOLUTION NO. 2681 RESOLUTION OF INTENT TO CONSIDER THE SUSPENSION AND/OR REVOCATION OF THE CITY BUSINESS LICENSE OF BEST VALUE HOME IMPROVEMENT CENTER, ISSUED TO WILLIAM E. GOFF AND KATHERYN GOFF, AND SETTING HEARING Joe Bradley said this resolution provides for a hearing at the first meeting in January on whether it is appropriate to suspend or revoke Best Value Home Improvement Center's business license due to the large number of complaints the city has received. The resolution also provides that notice will be given to the owners of the business and they will be invited to the meeting and given an opportunity to speak. Motion by Alderman Graham that Resolution No. 2681 be passed and adopted, seconded by Alderman Orr. Discussion followed and Ron Marshall said he was under the assumption that all parties involved would be here tonight and we could discuss it and get it over with. Joe said that when the License Committee met to di~l]~ i~. th~v Minutes of the City Council of Laurel Page 3 Council Meeting of December 7, 1993 Joe will write a letter and send it along with a copy of the resolution by certified mail to Mr. Golf's business address, informing him of the hearing. In response to a question, Joe said the city has not suspended or revoked Mr. Goff's business license, so he can continue to do business. Joe said the the revocation of a business license obviously has an impact on a business which might lead to litigation later. He said the council may want to consider hiring a court reporter to transcribe the meeting. Joe said he intends to have as many of the local customers from around the area attend the meeting so they can tell what has happened. Mr. Golf can have his attorney present also. Joe said there is actual testimony going on at a public hearing. It was stated that a court reporter was hired to transcribe the hearing from Asphalt Supply several years ago. A vote was taken on the motion. Motion carried 8--0. ADOPTING DISPATCHERS RULES AND REGULATIONS: RESOLUTION NO. 2682 A RESOLUTION APPROVING AND ADOPTING THE DISPATCHERS RULES AND REGULATIONS MANUAL Motion by Alderman Marshall that Resolution No. 2682 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. FRONT YARD DEPTHS: ORDINANCE NO. 1083 (first reading) AMENDING SECTION 17.48.040 OF THE LAUREL MUNICIPAL CODE, FRONT YARD DEPTHS Motion by Alderwoman Kilpatrick that Ordinance No. 1083 (first reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. CONTAINER SITE FEES FOR NON-CITY RESIDENTS: RESOLUTION NO. 2683 ESTABLISHING DUMP FEES FOR WOOD, CONSTRUCTION OR DEMOLITION MATERIALS, AND OTHER GARBAGE, RUBBISH AND TRASH Motion by Alderman Collins that Resolution No. 2683 be passed and adopted~ seconded by Alderman Easton. Dave Michael stated that the Garbage Committee recommended a minimum charge of $ 1.00 so item #5 was added to the resolution. Discussion followed and it was stated that the landfill operators have a hard time charging someone $ 6.00 for dumping one or two bags of garbage, so that is how this came about. The Mayor asked John Minch his opinion regarding the problems at the transfer site since John has worked there. John said the problem is that different employees are working the transfer site on any given day and each one judges a load differently. Problems arise when the same customer brings up comparable size loads on different days and is charged two different fees, depending on who is working. John said he feels that by having a minimum fee, it would alleviate a lot of problems. Lonnie Kellogg said we should have a minimum fee at six dollars. L.D. said this resolution does not establish a minimum fee. It just says a minimum fee shall be $ 1.00. L.D. feels the problems John was talking about could still happen with this new resolution because each person judges a load differently. Page 4 Council Minutes of the City Council of Laurel Meeting of December 7, 1993 Donna Kilpatrick clarified that this discussion is regarding a non-resident. As she understands it, any non-resident should be paying a minimum of $ 6.00 to dump, regardless of how small the load is. She does not feel we should be giving them any breaks because it costs the city money to process this garbage. If we're going to give anyone a break, give it to our city residents. Larry Thomas said the intent of guidelines so the decision is not personnel at the transfer site. the Garbage left up to Committee was to set the discretion of the At this time a vote was taken on the motion. There being a division of the house, a roll call vote was taken. Aldermen Marshall, Orr, Kellogg, Kilpatrick and Collins voted, "NO". Aldermen Graham, Ehrlick and Easton voted, "YES". Motion defeated 5--3. COMMITTEE REPORTS: --Cemetery Committee minutes of November 17, 1993 were presented and reviewed. Motion by Alderman Orr to enter the Cemetery Committee minutes of November 17, 1993, into the record, seconded by Alderman Graham. Motion carried 8--0. Joe stated the cemetery has rules and regulation regarding headstones and he suggested that something be added regarding the flower pot hangers. --City Council Committee of the Whole minutes of November 16, 1993 were presented. Motion by Alderman Kellogg to enter the City Council Committee of the Whole minutes of November 16, 1993, into the record, seconded by Alderman Orr. Motion carried 8--0. --City-County Planning Board minutes of November 18, 1993 were presented and reviewed. Cal Cumin stated a special review was held relocation of Community Hope to the 200 block committee tabled any action on this proposal meeting so more information can be obtained. regarding the possible of Cedar Avenue. The until the December 9th Motion by Alderman Kellogg to enter City-County Planning Board minutes of November 18, 1993, into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --Laurel Airport Authority minutes of November 23, 1993 were presented. Motion by Alderman Marshall to enter the Laurel Airport Authority minutes of November 23, 1993, into the record, seconded by Alderman Collins. Motion carried 8--0. --Parks Committee minutes of November 18, reviewed. 1993 were presented and Motion by Alderman Easton to enter the Parks Committee minutes of November 18, 1993, into the record, seconded by Alderman Orr. Motion carried 8--0. --Parks Committee minutes of December 2, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of December 2, 1993, into the record, seconded by Easton. Committee Alderman The Memorandum of Agreement between the City of Laurel and Pacific Northwest Investors, Inc., concerning a dedicated park land in Village Subdivision, is attached to the Parks Committee minutes. Ken Tolliver gave an overview of construction for the proposed project using a map of Village Subdivision. He would like his employees to work on this project throughout the winter so they do not have to be laid off. Minutes of the Page 5 Council Meeting of December 7, City Council 1993 of Laurel Ken stated that the committee was concerned about whether the project would actually see Completion. In light of this concern, he agreed to put up a $ 5,000.00 bond as a guarantee that it would be finished. In regard to a question, Ken stated he would like to give the City of Laurel a $ 5,000.00 bond. It is an industrial revenue bond that is 12-14 years old and it is for the cement plant outside of Bozeman. This bond pays 10% tax exempt, so it has a premium to it. Ken would deposit the bond with the city for safe keeping. It is a bearer bond and if the city should lose it, we would need to write Ken a check for it. If they finish the project, the city will return it to Ken. At this time a vote was taken on the motion. Motion carried 8--0. (On December 8, 1993 Don Hackmann, City Clerk, signed a safe keeping receipt for Lewis and Clark County General Obligation Building Bond of 1982, #701 in the amount of $ 5,000.00.) Motion by Alderman Graham to Memorandum of Agreement to develop seconded by Alderwoman Kilpatrick. adopt, execute and park land in Village Motion carried 8--0. deliver the Subdivision, Ken Tolliver stated he does not have authority to sign an agreement, but with the council's permission, he will deliver the bond tomorrow and send the agreement to Seattle for a signature. Ken stated he feels there is such a need for a park where the kids can play and this is something he really wants to do and now he is getting better cooperation from the current owners. Gay Easton said this area definitely needs a park where the kids can play and if it can be developed, it will be better than what is there now. As long as it does not become the city's obligation to take care of it in the future, it is a good thing. Ken asked if the set back ordinance that was passed tonight will effect Village Subdivision. Dave Michael stated it will. It will keep the setback in line with whatever is already in existence in the area. --Police Committee minutes of December 1, 1993 were presented and reviewed. Discussion regarding the sale of beer to underage people in the grocery stores and bars. Mike Atkinson was going to research the way Billings handles this problem but he has not been able to make contact with the detective who handles it. When he does, he will report back to the council. Discussion regarding the transient camp south of Taco John's. Mike is trying to contact the railroad to ask them to place "No Trespassing" signs in this area and this would give the police department the authority to do something about dispersing them. Mike said he would like to see the trees removed. In regard to a question about transients in Firemen's Park, Mike said if the department receives complaints about them using the park for a bathroom, they will go in and ask them to leave but they cannot actually prosecute them unless the caller signs a complaint and generally they are not willing to do this. Mike said you cannot simply move someone out because they are a transient. Joe said the city does have an ordinance which states that the park is closed from midnight to 6:00 a.m. Mike said they generally sleep behind L.D.'s building on Main Street. Chuck said we have trouble when residents want to use the park and when visitors from out of town come through. Cal Cumin said something needs to be done. If improvements are made to the building in the park, we cannot have them unzipping themselves and going to the bathroom in the bushes and leaving their litter all over. Minutes of the City Council of Laurel Page 6 Council Meeting of December 7, 1993 Mike said the Mayor~ Police Captain and himself discussed a user fee, whereby anyone who is not a city resident, would have to pay a fee to use the park. Mike said when this was discussed a few weeks ago, Joe Bradley did not agree with this. More discussion regarding the problems with collection of a users fee and Mike said he is not worried about collecting, but it would give the department grounds for removing them if they have not paid it. Joe said you would have to enforce this users fee across the board and not just to the transients. The Mayor referred this to the Parks Committee and the Police Committee and asked them to resolve this issue by spring. Motion by Alderman Marshall to enter the Police Committee minutes of December 1, 1993, into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --Street and Alley Committee minutes of November 18, 1993 were presented and reviewed. In regard to the drainage problem at Jan's ICA, Dave Michael said they looked the situation over and have come up with a solution to the problem and will present this to Jan Stingley. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of November 18, 1993, into the record, seconded by Alderman Marshall. Chuck said this is one of those situations where we have run into trouble because we have vacated right-of-ways. A vote was taken on the motion. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: None MAYOR'S COMMENTS: Chuck said work is progressing on Spruce Grove but it started before is was suppose to and we need to make sure that it is done up to the satisfaction of both parties. In regard to the South 5th project~ Chuck said we will try to work on this within the next two months. There being no further business to come before the council at this time, the meeting was ad3ourned at 8:11 p.m. Donald L. Hackmann~ City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 21st day of December, 1993. Donald L. Hackmann, City Clerk