Loading...
HomeMy WebLinkAboutCity Council Minutes 04.07.1992Minutes of the City Council of Laurel April 7, 1992 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 Chuck Rodgers at 7:00 p.m., on April 7, 1992. COUNCIL MEMBERS PRESENT: Ron Marshall Bob Graham L.D. Collins Gay Easton Lonnie Kellogg Norman Orr Albert Ehrlick COUNCIL MEMBERS ABSENT: Donna Kilpatrick INVOCATION: Invocation was given by Reverend David Schreiner. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of March 17, 1992, as presented~ seconded by Alderman Orr. Motion carried 7--0. CORRESPONDENCE: Received a report from the Laurel Police Reserve regarding the number of hours logged in the third quarter of fiscal year 1992. Received a letter from the chairman of the Montana Tradeport Authority regarding law enforcement consolidation in Yellowstone County. This was referred to the Police Committee where a sub-committee will be formed to study this. Received a memo from the Montana League of Cities and Towns regarding District Legislative meetings. A meeting will be held in Billings at City Hall on Thursday, April 16th, at 9:30 a.m. Received a letter from the Montana Director of regarding the Federal Aid Urban and Secondary Systems. Transportation Received a letter from Russell Lowe, Deacon from Grace Bible Church, regarding the renting or leasing of the old library building. This was referred to the Building Committee. Received a letter from the FAA regarding plans to decommission the flight service station located at Billings, effective August 21, 1992. CLAIMS: Claims for the month of March were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderman Orr to approve all claims in the amount of $ 200,762.02 for the month of March, 1992, seconded by Alderman Marshall. Motion carried 7--0. RESOLUTION WITH CENEX - INDUSTRIAL WASTE DISPOSAL: Jim Worthington stated that when writing this arose that have to be addressed. This will Utilities Committee to address these questions April 21st agenda. resolution, questions be taken back to the and it will be on the FINANCE BALANCE OF FIRE TRUCK WITH YELLOWSTONE BANK: RESOLUTION NO. 2580 AUTHORIZING AN AGREEMENT WITH YELLOWSTONE BANK TO FINANCE THE BALANCE DUE ON A NEW FIRE TRUCK Motion by Alderman Orr that Resolution No. 2580 be passed and adopted, seconded by Alderman Marshall. Motion carried 7--0. Page 2 Council Meeting of April 7, 1992 Minutes of the City Council of Laurel CREATE CAPITAL PROJECTS FUND - STREET MAINTENANCE EQUIPMENT: RESOLUTION NO. 2581 A RESOLUTION TO CREATE A CAPITAL PROJECTS FUND FOR THE PURPOSE OF PURCHASING STREET MAINTENANCE EQUIPMENT Motion by Alderman Marshall that Resolution No. 2581 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. REVIEW OF TAXICAB ORDINANCES: Vicki Metzger stated that our current ordinances require each taxicab driver to be licensed by the city. Under the old system, each driver was considered a private contractor and needed to be licensed. Due to changes in Worker's Comp, the company is required to purchase the license and the drivers are considered employees of the company. Vicki explained other items in the ordinances that need to be amended. Joe Bradley stated that when an owner applies for a license~ the following would be required: a list of all the company's drivers, valid drivers license for all drivers, adequate insurance coverage and one business license, regardless of number of vehicles. Discussion followed regarding dropping of the phrase, "good moral character" from the ordinance and whether or not the fee should remain at $ 50.00~ regardless of how many cabs the company operates. Ron Marshall stated cab companies in Billings have calls to Laurel and he questioned whether this could be addressed in the ordinances. It was stated that this could be addressed by issuing a delivery permit but Joe said this would be a tough one to enforce. Billings uses delivery permits mainly as a way of monitoring their loading zones. The Council directed Joe to draft an ordinance for the next meeting. HIGH POINT SUBDIVISION - DUMPING ON PARK GROUND: Jim Worthington stated that the Mayor and County Commissioners received a letter from residents around High Point Park~ protesting the dumping of fill material in this dedicated park land. Jim said this park is located north of Maryland Lane and east of Alder and was dedicated as part of the subdivision development. The park is in the county but due to its proximity~ the Laurel Park Commission has jurisdiction over it. When the improvements were done on Maryland Lane last year, the material taken out of the street was placed on this dedicated park land. The people are asking that this be cleaned up and leveled out. The residents are also asking for the replacement and repair of the asphalt on Maryland and Alder and that Maryland Lane~ from Yard Office Road to Alder, be signed and limited to a speed limit of 25 miles an hour. In regard to this, Jim has scheduled a meeting with several different agencies on Friday to present his proposal which addresses these concerns. He plans to start work on this next week. EXPANSION OF BUILDING PERMIT JURISDICTIONAL AREA: Jim Worthington stated that recently it came to the attention of the city that the State has authority to review plans, specifications and charge a review fee for all property located outside the city limits. This came to light when the city was repairing the roofs on the buildings at Riverside Park. Jim said many do not feels this is right and Joe has been in contact with the state regarding this. A resolution has been drawn up that Minutes of the City Council of Laurel Page 3 Council Meeting of April 7, 1992 would allow the Mayor and City Engineer to make an application to the state, requesting that our jurisdictional boundary for building and permitting be added to and incorporate the city owned properties that lie outside the city limits. This would include the property at Riverside, the water plant, sewer plant, reservoir, cemetery, solid waste site, airport and the two ponds. Jim said under state statues this is allowable but it has never been done. Joe Bradley said at one time the Council discussed expanding the city's jurisdictional area but it was not feasible because the City Engineer does not have the time to take on this much additional area. If the state agrees to this, it would extend the city's jurisdiction to our buildings only. RESOLUTION NO. 2582 A RESOLUTION AUTHORIZING THE MAYOR AND CITY ENGINEER TO MAKE APPLICATION TO THE MONTANA DEPARTMENT OF COMMERCE FOR EXTENSION OF CITY BUILDING CODE JURISDICTIONAL AREA Motion by Alderman Kellogg that Resolution No. 2582 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. In regard to a question about the time frame, Joe said with the hearings that the state has to go through, it could be two or three months before we hear anything. COMMITTEE REPORTS: --Budget/Finance Committee minutes of March 17, and reviewed. 1992 were presented Motion by Alderman Graham to enter the Budget/Finance minutes of March 17, 1992, into the record, seconded by Marshall. Motion carried 7--0. Committee Alderman The city rented six porta-pots for the aviation show at a cost of $ 210.00. Bob Graham checked with the school to see if they will help pay for them and was told to submit a bill for their consideration. AGREEMENT WITH LEGION REGARDING BALLFIELD Discussion followed regarding the upkeep of the Legion ballfield. The Legion stated they would like to mow and water the field this year, but would like the City to participate in the cost of this. The committee felt it would benefit the city to participate in this cost and recommended paying $ 400.00 towards this. The Mayor stated that the Legion had a lawn mower lined up and they were going to hire a maintenance man but they found out last week that they do not have the mower. It is possible that the city may have to mow the field after all. It was stated that the Legion would like to control the watering of the field so they can schedule it around their games. Joe Bradley said his concern over having a private person mow is what impact it will have on Worker's Comp. We need to be careful how something like this is structured. This was referred back to the Park Committee. AUDIT CONTRACT Discussion followed in regard to extending the audit contract with Steve Cosner. Don Hackmann said state law allows for this. It was the consensus of the Council to extend it for two more years, pending state approval. Motion by Alderman Orr to extend Steve Cosner's audit for two years with state approval, seconded by Alderman Motion carried ?--0. contract Marshall. --City Council Committee of the Whole minutes of March 17, 1992 were presented. Minutes of the City Council of Laurel Page 4 Council Meeting of April 7, 1992 Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of March 17, 1992, into the record, seconded by Alderman Kellogg. Motion carried 7--0. --License Committee minutes of March 31~ 1992 were presented and reviewed. Page four of the minutes was reviewed first. NORTHLAND CORROSION SERVICES Robert Engh is requesting a business license for Northland Corrosion Services. The storage building he will be using is located on East Railroad Street. The Planning Board approved the home occupation and Rob Harris has signed off on the fire inspection. Motion by Alderman Graham to grant Northland Corrosion Services, seconded carried 7--0. a city business license to by Alderman Orr. Motion JIM'S BAZAAR CREATIONS Jim Nelson, 1034 7th Avenue, is requesting a business license to do woodworking in his home. His items will be sold through craft shows and there will be no traffic to the home. The Planning Board approved the home occupation and Rob Harris signed off on the fire inspection. Motion by Alderman Jim's Bazaar Creations, 7--0. Graham to grant a city business license to seconded by Alderman Marshall. Motion carried A HAUS OF REALTY Discussion followed regarding the proposed move by A Haus of Realty to 309 First Avenue. Joe stated the lot is properly zoned but the parking issue must be addressed. Jim Worthington said they are making provisions for this in the back of the lot by removing a stone wall. They will also extend the driveway approach to the back so anyone entering from First Avenue can pull through and not have to back out onto First Avenue. REVIEW OF THE MINUTES Due to the length of the License Committee minutes, Bob Graham highlighted the issues discussed. He stated the meeting was controversial and very emotional and he asked that everyone take a pragmatic approach to it tonight as it is discussed. Bob Graham stated that in previous years the city would grant a general business license. If a person had several businesses under one roof~ we would grant one license and one fire inspection for all of it. We have now found that this is against our ordinances and codes. If a person operates more than one business under one roof, each one needs to be licensed and each one needs to have a fire inspection. Bob said the question and legality of grandfathering a business, under the old ordinance~ comes up occasionally. RICHARD'S PAWN SHOP Richard Barnhardt is requesting a business license to operate a pawn shop which is covered by a separate ordinance. He needs a fire inspection for this particular business but a controversy has arisen between himself and the Fire Department. Under the circumstances, the Fire Department would feel more comfortable if a third party would come in and do the inspection. The committee also felt that it was in the best interest of everyone if a third party, preferably the State Fire Marshall~ does the inspection. Bob said Richard has the right to request his own third party to do it, but it would be at his own expense. Bob asked Darrell McGillen if this is in the process of being done. Darrell said the State Fire Marshall needed a letter of request and this letter was written and mailed by our Fire Marshall. The State Fire Marshall will contact Richard when he arrives in town. Bob said what he has reviewed are the basics of the meeting. Richard will go through the procedure to apply for a pawn shop license which will require a separate license fee and fire inspection. Upon getting this done, he will come before the Council for the license. Minutes of the City Council of Laurel Page 5 Council Meeting of April 7, 1992 Joe Bradley said the License Committee recommended that the license be granted, pending the fire inspection. There was some question whether it could be granted tonight or if it should be done after the fire inspection. Joe said the Council has approved licenses before~ pending the fire inspection. To clarify this, Joe said no license will be issued until a satisfactory fire inspection has been completed. Sometimes the Fire Marshall has to go back a few times to make sure violations have been corrected. The license itself is not issued until all corrections have been made and the Fire Marshall has signed off on the application. Motion by Alderman Marshall to grant a business license to Richard's Fawn Shop~ pending a fire inspection, seconded by Alderman Graham. Motion carried 7--0. The Mayor asked Richard if the State has contacted him. Richard said he contacted the State but was not given a specific time or day when the Fire Marshall would be here. They will get back to him regarding the date. When the State Fire Marshall comes to Laurel, Richard said he requested a big meeting with the powers in town concerning the emotional problems surrounding this matter. Bob Graham said the second item in the minutes was the reapplication for an existing license by L.D. Collins to run his flea market. Bob said three questions were brought up which were 1) was a fire inspection needed~ 2) does he need another license~ and 3) the legality of who actually owns the business. Bob said L.D. questioned the need for another license. He is under the impression that the one general business license that he currently has should cover this business also. Bob said this goes back to the old ordinance and the way it was previously handled. The committee discussed this and felt that it needs to be handled according to the interpretation of the new ordinance which states you need to have a license for each business existing under one roof. The second question that came up was in regards to the original application. The Treasurer's interpretation of the application was that it. was for an outside business only. Since the business is now operating indoors, she feels it requires another license and a fire inspection. The third question that came up was in regards to the legality of who really owns the business. Do Gail and L.D. Collins own the business or does the gentleman who runs the business own it or is he renting from L.D. which would make L.D. just a landlord. Bob said he did some checking into how flea markets in general are run. A person owns the flea market and rents or leases out space within that market for business. Gail Collins is the owner of the business and leases out pieces of property for other aspects of it. Gail Collins stated she has been listed as the owner of the flea market since 1980. Joe said the reason this whole question came up was because the person listed as the manager, Frank Voeller: claimed to be the owner. He told the Treasurer that he was the owner, it was not the city's doing. Joe questioned L.D. whether this has been cleared up with Voeller? L,D. said it hasn't been yet, but it will be done. L.D. clarified that Voeller is not an employee, he is a leaseholder who has several tables. Joe questioned L.D. why he listed Voeller as the manager of the business? It was clarified that the old application listed Gail Collins and the new one listed Voeller as the manager. L.D. said he is not the manager and they just put him on there when Vicki asked for the new application. Bob Graham continued a review of the minutes and said that due to the circumstances of L.D.'s situation, the committee recommended that a Minutes of the City Council of Laurel Page 6 Council Meeting of April 7, 1992 third party also do this fire inspection. Bob understands that the flea market has contacted the State and an inspection will be done in the near future. Bob wanted the Council to understand that common practice but under the circumstances~ in everyone's best interest to have a inspections. this will not become a the committee felt it was third party do these Discussion followed regarding this and Richard Barnhardt said it will become a habit if anyone opposes the Fire Department. Bob said it is a persons right to oppose it and they can come before the Council to protest what the city is doing. Joe said the procedure is that the fire department makes an inspection and if the business owner is dissatisfied with it, he can appeal it to the Board of Adjustments, which is the appeals group under the fire code. They would appeal it upon interpretation of the fire code. The owner would claim that the Fire Marshall is wrongfully interpreting the fire code and he would have to sell that to the Board of Adjustment. Discussion regarding why the Fire Marshall did not want to do these two inspections. Richard Bernhardt said that he feels the reason is because previously, L.D. and himself called the State Fire Marshall and expressed their opinions and complaints about an inspection that the local Fire Marshall did for someone else. This got back to the department and Richard feels this created a major conflict and that is why they are refusing to do these inspections. Joe Bradley said individuals have the right 'to call the State Fire Marshall and complain about the local Fire Marshall's actions in an official capacity. That is alright and our Fire Marshall didn't take offense abou't that but the problem came when they made it personal, by accusing him of sleeping with everyone in town. Joe said once a complaint is made personal~ they do not have to do anything. They do not have to take personal abuse. If you want to keep it to their official capacity, you have every right to complain. Joe has told the department that when it becomes personal~ you had better not do that inspection. Richard and L.D. started saying they did not say these things but the Mayor said this can be taken up at the meeting that will be held with the State Fire Marshall. The Mayor clarified that the State Department will not come in and do an inspection on a private individual i~ the private individual asks for it. They will pull it on the demand of the fire department in that area. A letter was addressed on April 1st to the State Fire Marshall's office, requesting an inspection for Richard's Repair and Blue Bell Auction Services. It is now in the State's hands. In summary, Joe said the Fire Marshall felt this issue had been made personal as to his own moral character and that is what he objected to. Under these circumstances~ he would not do the inspection and Joe said this action is proper. Joe said the city has to abide by this because if there is a personal conflict or animosity, there is an appearance of a conflict of interest and we cannot be doing official inspections under these circumstances. The Mayor said that at the License Committee meeting, he informed Richard that he needs a second hand license since he is running this type of a business. The Council passes the law and according to the code book, a second hand store license does not fall under a general business license. Chuck said he was trying to protect Richard from becoming a victim of having to have another fire inspection if he is going to continue to operate a second hand store. He was also trying to prevent having to issue an order to the Chief of Police to issue a citation for operating a second hand store without a license. Joe said the easiest thing is to do the fire inspection for both businesses at the same time. Richard questioned his repair business and Joe told him he already has his license for that. Minutes of the City Council of Laurel Page 7 Council Meeting of April 7, 1992 Richard said he was told that if he fills out the paper for the second hand store, he will then have to pay for a prorated business license. He was upset because he said he's already paid for his business license for this year and for the past six years. For the past six years he has operated the same business, under the same conditions~ with a general business license. He stated nothing was said about it until this fire department thing blew up and now, you're wanting me to get a second hand store license and pay a prorated fee. He said he will not pay a fee. Joe said Richard will have to pay it and if he doesn't, the city will have to prosecute. A letter was sent to him, kindly asking him to submit his second hand store application within 10 days or we will have to take further action. It couldn't be clearer that you need a second hand store license. Richard questioned why this wasn't brought up six years ago and Joe said that isn't relevant now. We're not asking you to pay for those past years, only that you pay for the current. Richard questioned why he has to pay the prorated fee and the Mayor stated that it is in the codes and has been adopted by ordinance. There was discussion regarding a general business license and the confusion that the word "general" is causing. Joe said there is no blanket "general business license". That is a term that has been used but when an applicant comes in, he is given a license based on what type of business he is operating. It does not give him the ability to do everything under the sun. You get what you apply for. FLEA MARKET Regarding the letter that was sent to the State Fire Marshall, L.D. took exception to the fact that it requests this inspection for Blue Bell Auction at 214 Main. He said we're not talking about Blue Bell Auction, but rather a flea market. Blue Bell has had it's inspection and L.D. said he has a letter where it was inspected. Both buildings are tied together and the Fire Marshall inspected the other building for the circuit system that was in there. He feels that the inspection is out of the way. Joe said the Fire Marshall knows what needs to be inspected and he will do that. L.D. took exception to several items in the License Committee minutes. He said he did not make derogatory remarks about anybody' and he wasn't there to defend himself. He also questioned the 201 Main Street address that was listed as having had a fire inspection. If he's at 214 Main, where is 201 Main? Then, further down in the minutes it says 210 Main. L.D. said someone had better figure out where the inspection is going to be done at. Vicki stated that the application, the address as 210 Main. L.D. made lost, too. filled out by Gall Collins, lists excuses that half the time he is To clarify things in her own mind, Gall Collins asked if Blue Bell Antiques~ Blue Bell Auction Service and Blue Bell Flea Market are considered three separate businesses which would require three separate licenses and fire inspections? Joe stated that since all three businesses are he would hope that the fire inspection for all same time. in the same building, could be done at 'the Richard Barnhardt then asked licenses for his pawn~ repair~ he would. if he is going to need three different and second hand shop and it was stated Joe said it is a closer question with the antique shop and the auction because they are not covered under separate city codes. We don't have a separate chapter for each of these, but we do have an entirely separate chapter addressing second band stores and another separate one addressing pawn shops. Nothing could be clearer that they require separate licenses and it has been this way forever. Minutes of the City Council of Laurel Page 8 Council Meeting of April 7, 1992 The repair shop comes under the general business license ordinance where we don't itemize every possible kind of business there can be. It is just one of the many businesses that falls under the general rules and that is the way it is. Richard said we won't hear from him again if we just waive the prorated license fee. He doesn't believe it is necessary. He's gone six years without it and now you want it this month. If you wait until the end of the year, he'll get the other license. Richard said he's not paying the fee, he's just not going to do it. L.D. said he's just going to pay the $ 150.00 for his and get the crap done. Motion by Alderman Graham to enter the License Committee of March 31, 1992, into the record, seconded by Alderman Orr. carried 6--1. minutes Motion Joe stated that the question has been cleared up regarding who is the owner of the flea market but there is some confusion as to the actual address. He said the Council has the option to send it back to committee or they can just approve it~ pending the fire inspection. Motion b~y_ Alderman Graham to grant a city business license to Blue Bell Flea Market, pending a fire inspection and the establishment of the correct address~ seconded by Alderman Collins. Motion carried 7--0. L.D. questioned whether this is considered a new business and it was stated that it is. The old application states the flea market is an outside business and regardless of the fact that it has been operating for years indoors~ it should not have been and it will now be licensed correctly. Richard asked the Counci]. if everyone feels he needs to pay the prorated fee when he has been doing the same thing for the past six years. All of a sudden now~ it's considered a new business? It was the consensus of the Council that he should pay the fee. Joe explained that the prorated fee is just for the rest of this fiscal year. Next year Richard would have to pay a separate fee for each of his three businesses. Richard says he understands this but he can't understand having to pay the prorated fee. L.D. said he thinks it is alright to pay the prorated fee if it is something that the city requires. Regarding the fire inspection and brand new buildings, L.D. said he didn't know if he agrees with all of that but he does think you need a fire inspection if you have a brand new business. Richard became upset and left the meeting. --Parks Committee minutes of March 26, 1992 were presented and reviewed. Motion by Alderman Kellogg to open the swimming pool on June 12th and close it on August 26th, seconded by Alderman Orr. Motion carried 7--0. It was stated that the pool tickets will remain the same as last year. Motion by Alderman Kellogg to enter the Parks Committee minutes of March 26, 1992~ into the record, seconded by Alderman Orr. Motion carried 7--0. --Street and Alley Committee minutes of March 19, 1992 were presented and reviewed. Motion by Alderman Ehrl. ick to enter the Street and Alley Committee minutes of March 19, 1992, into the record, seconded by Alderman Marshall. Motion carried 7--0. Discussion regarding the cleaning of the storm drain ditch located near the freeway and refinery. Dave Michael said the city burns the weeds every year but the bottom has not been cleaned and cattails and Minutes of the City Council of Laurel Page 9 Council Meeting of April 7, 1992 small trees are now growing in it. He will have to work out the logistics with the refinery and then contact Schessler's to do the project. COMMENTS FROM THE AUDIENCE: Warren and Edna Schwenneker questioned when the dip at 6th Avenue and 8th Street will be taken care of. Jim Worthington said this intersection is a number one priority and will be repaired as soon as it gets warmer. More discussion about the intersection listed above and the one on 6th Avenue and 7th Street. The Mayor stated that the 8th Street intersection is on the street foreman's list of repairs. MAYOR'S COMMENTS: The Mayor appointed Ken Reil as an ambulance attendant. Motion by Alderman Marshall to Ken Reil as an ambulance attendant, carried 7--0. confirm the Mayor's appointment of seconded by Alderman Orr. Motion The Mayor appointed Jim Worthington as ADA (American Disability Acts) Coordinator. Motion by Alderman Graham to confirm the Mayor's appointment of Jim Worthington as ADA Coordinator, seconded by Alderman Orr. Motion carried 7--0. Jim said this act is well defined in the statues. He would like to start an inventory of the commercial buildings to see which comply and which do not. The second step would be to make recommendations of how they wi].], be improved. Third~ would be to prioritize them regarding when they will be done and what the conditions will be. The Disability Act went into effect in January of 1992 and the changes must be in effect by March 1995. The Mayor appointed Lonnie Kellogg to the Yellowstone County Board of Health. This will be a reappointment for a three year term. Motion by Alderman Orr to confirm Lonnie Kellogg to the Yellowstone County year term, seconded by Alderman Graham. the Mayor's appointment of Board of Health for a three Motion carried 7--0. The Budget/Finance Committee will start reviewing the 1992-93 budgets on April 27th, 28th and 29th at 6:30 p.m. There being no further business to come before the Council at this time, the meeting was adjourned at 8:28 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 April, 1992. ATTEST: Donald L. Hackmann, City Clerk