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HomeMy WebLinkAboutCity Council Minutes 07.07.1992Minutes of the City Council of Laurel July 7, 1992 A regular meeting of the Montana, was held in President of the Council Bob Graham at 7:00 City Council of the City of Laurel~ the Council Chambers and called to order by p.m.~ on July 7~ 1992. Norman Orr Gay Easton L.D. Collins Albert Ehrlick COUNCIL MEMBERS PRESENT: Lonnie Kellogg Bob Graham Ron Marshall Donna Kilpatrick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Orr to approve the minutes of the meeting of June 16, 1992, as presented, seconded by Alderman Motion carried 8--0. regular Collins. Motion by Alderman Orr to approve the minutes meeting of June 24, 1992, to award the bid on a pickup, seconded by Alderman Marshall. Motion carried 8--0. of the special as presented, Motion by Alderman Kellogg to approve the minutes of the special meeting of June 24, 1992, transferring cash to Capital Projects Fund - Street Equipment, as presented, seconded by Alderman Orr. Motion carried 8--0. CORRESPONDENCE: Received a Laurel Museum report from Ellen C. Ready. Received a fourth quarter report from the Laurel Police Reserve. Received a letter from Lynette Huvaere regarding parking tickets during the movie matinee on Wednesdays and Thursdays. Received a memo from the Montana League of Cities and Towns regarding the 1992 annual conference, October 7-9, in Lewistown. Received a membership bulletin from the Montana League of Cities and Towns regarding the special session of the legislature. Received a newsletter from the Montana :Municipal Insurance Authority. CLAIMS: Claims for the month of June 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 $ 489,399.33 for the month of June, 1992, seconded by Alderman Collins. Motion carried 8--0. ORDINANCE FOR ANNEXATION - MATHIS SUBDIVISION: The proposed area of annexation includes Lots 1-7 of Block 3 and Lots 1-4 of Block 4, Mathis Subdivision, Second Filing. Due to the number of protest received, an ordinance was not presented. Joe Bradley stated that the four letters of protest received by the City Clerk were sufficient to stop the proposed annexation. Joe questioned whether the contract buyers of two of the lots are suppose to be counted as free holders who can protest bat either way, the outcome would still be a 50% protest. Joe stated that we cannot simply amend the proposed area to be annexed. If that is the wish of the Council, the whole process would need to start over. Joe cautioned the city about the possible costs involved if an annexation of a few lots went through. Unlike the annexation of a subdivision where the developer pays these costs, the City would foot the bill for installing the sewer main and the property owners would then pay a fee to connect to the main. Page 2 Minutes of the City Council of Laurel Council Meeting of July 7, 1992 Joe said there is an ordinance that states that you can have individual septic type systems if you are more than 300 feet from a main and if the cost of extending it is prohibitive. Joe cautioned the Council in regards having a few lots in the City on this type of a system. Discussion followed regarding the possibility of annexing Lot 7 of Block 3 and Lots 1-4 of Block 4 and whether the cost could be split by the property owners. It was also noted that many of the protests were filed because the owners could not be advised as to what their share of the annexation costs would be. Pete Giovetti, owner of Lot 3, Block 3, stated that he received a letter regarding the annexation. When he tried to find out about the costs involved, no one could give him any answers. He is 64 years old and on a limited income. He currently has a septic tank and drain field and this annexation would not be in his best interest so, until a definite proposal can be submitted~ he is against the annexation. Carl Smith, owner of Lots 5 and 6 of Block 3, stated his house has been there for 35 years and he has lived in it since 1983. He has a good well and septic system in place right now. If he were annexed, not only would he have the initial cost of connecting, but he would also have a monthly utility bill. In light of this, he is against the annexation. In regard to a question about those people who are still interested in being annexed, Joe recommend getting the owners of Lot 7 of Block 3 and Lots 1-4 of Block 4 together. The City would need to come up with some cost figures and they would need to sign an agreement that they would fund the cost of extending the main. Jim Worthington stated that after contacting five different contractors for a bid~ he finally received one at 4:45 p.m. on the day of the protest. He will take this bid to the Utilities Committee meeting on Monday night. Joe suggested that the city contact the owners of these lots and have them attend the meeting also. Then, if it is agreeable, the annexation process can start again. It was suggested that the resolution of intent be put on the agenda for the next meeting so the process keeps moving and if it doesn't work out., the council can vote it down. AWARD BIDS FOR STREET MATERIALS: The bids were opened at a special meeting of the Street and Alley Committee on June 23~ 1992 and recommendations were made. Motion by Alderman Ehrlick to accept the committee's recommendation to award the bid for petroleum products to Laurel Co-op in the amount of $ 22~994.00, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Kellogg recommendation to award the bid for Krug and Sons in the amount of $ Collins. Motion carried 8--0. to accept the committee's street maintenance materials to 48,875.00, seconded by Alderman Motion by Alderman Marshall to accept the recommendation to award the bid for cold-laid asphaltic Empire Sand and Gravel in the amount of $ 46,400.00, Alderman Kellogg. Motion carried 8--0. committee's plant mix to seconded by Motion by Alderman Orr to accept the committee's recommendation to award the bid for liquid asphalt to Cenex in the amount of $ 24~306.00, seconded by Alderman Marshall. Motion carried 8--0. INTERPRETATION OF "SECOND HAND STORE LICENSE": Joe Bradley stated that this is on the agenda tonight because he wants the Council to decide what to do about the second hand store license. There is really no reason why we have to have a separate second hand store category in our ordinance. This ordinance does not put any Minutes of the City Council of Laurel Page 3 Council ~leeting of July 7, 1992 special requirement on second hand stores that is not on any other business. The only advantage is that a second hand store is charged $ 35.00 where every other business is charged $ 50.00. But, if the Council were to get rid of that designation, it would not solve the problem of whether a second hand store is a separate kind of business that needs a separate business license. Joe stated that the City does not have any genera], business licenses. We have general ordinances that apply to all businesses, but you still apply for a specific kind of business and if you do two different kinds of business on the same premise, you still have to get two separate licenses. Joe said the problem the Treasurer is having is trying to draw the fine line and split the hairs between what is a different kind of business. Joe and Vicki are looking for some direction from the Council regarding this. Joe, Vicki and the Mayor met and they feel the Council may want to consider that if a person sells a certain kind of item, then maybe he can also deal in the same kind of item second hand and repair it without having to get separate business licenses. Joe said a good example would be a television store. They sell new sets, take trade-ins on old ones and fix them up for resale. It all seems to be the same kind of business. Joe said he doesn't know if that is the same as a true second hand store where you take in anything and sell anything. Joe said there are other second hand store businesses in Laurel and Laurel's Next to New is one. They applied for a certain business, a second hand store, and they got a license based on their application. The quote in the newspaper was incorrect because Laurel does have other second hand store licenses. Joe said it all depends on what is written on the application and that is what you get a license to do. You do not get a "general business" license. You get a license based on what you apply for. Joe said we do not have a general business license~ nor have we ever had a general business license. What we do have is a chapter called "General Business License Ordinances". Alderman Ehrlick stated that the business license itself that is generated by the computer states "General Business License". Joe said that is just the computer and that means nothing. You fill out an application and say what you are going to do. It goes to the License Committee and they decide on it, based on what you're applying for. License Joe said to solve the confusion, the licenses will now read " ' as per application"~ which is all it has ever been anyway. Joe is asking the Council if they want to repeal the second hand store chapter since there are no special requirements in there that do not apply to other businesses. He recommends they do so. He said all it is doing is giving the business a break because you're charging them $ 35.00 instead of $ 50.00 like you do every other business. Joe said the main question is what do you want to do with this kind of a business? Vicki is looking for some direction as far as how to interpret it. Joe said he can tell the Council what the ordinances say~ but it is up to them to make policy. Is a second hand store different from a repair shop or should they be considered one business? Alderman Collins inquired as to what determines second hand? According to the codes~ a second hand dealer is anyone who engages in the business of buying and selling second hand goods, wares or merchandise of any kind whatever. L.D. Collins feels that the second hand ordinance should be because he said anyone who deals with used merchandise would need and that would include such businesses as Laurel Auto Parts and own business. repealed one his Minutes of the City Council of Laurel Page 4 Council Meeting of July 7~ 1992 Joe recommends that this chapter be repealed. He said that in the case of a pawn store license, the business is required to keep records of all merchandise that is turned over to them and this helps in police enforcement. This is not required of any other business but the only thing the second hand store license does is give them a break on the cost of the license. Nothing specific is required because of this license that doesn't apply to other businesses. More discussion followed regarding whether Vicki should consider a business such as Richard Barnhardt's one or two different businesses. It was stated that appliance dealers in town handle new and used merchandise but they also repair the used. These businesses have been buying only one license, especially where their line of merchandise has been limited to certain kinds of goods as opposed to those where it is wide open and they will sell or repair anything. Ron Marshall questioned Richard regarding what percentage of his merchandise is new? Richard stated that approximately 10% of it is. Ron feels that what Richard is doing is very similar and compatible with what we have allowed around the rest of the town. Richard said that if this license on repair bothers the Council, then he will drop the repair portion of it. He'll quit fixing peoples stuff i.n this town. Richard said that Fred's T.V. does basically the same thing that he does but Fred is not on the scope that he is. Richard said Clyde deals in all second hand and his license reads "General Business License" as does all of Richard's licenses. Richard said he operated for six years under that same license and now, all of a sudden, he has a stink going with the fire department and he has to get a whole new separate license. It's not a second hand license, it's a Richard Barnhardt license! Joe was directed by the acting Mayor to prepare an ordinance to repeal Section 5.32 of the Laurel Municipal Code. Bob Graham stated that what the Council did tonight will not solve the problem. We have people operating out there who have two licenses and others who have only one and yet they are operating the same type of business. It's possible that the City is going to get into trouble because of that. We are treating one group of people differently than we are another~ according to them and there will be attorneys out there who will agree with them. In regards to Richard, Joe said we know he needs a pawn shop license but what is in question is whether he needs separate licenses for his repair business and second hand store. Joe said if Richard dropped his repair business, that would solve the problem and he would need just the two licenses. But, if he keeps it, the Council must decide if he needs a third license. This was referred back to the License Committee. Richard stated that if possible, he would like to settle this thing without a bunch of litigation or attorneys. The ACLU has said they would help him but that is a lot of hassle to go through when it can be settled right here. He would rather not go through all this fighting and bad publicity on both sides. Richard asked the City to tell him what they want him to do but he said he will not pay for a license and be treated differently than anyone else in town. He said he will work with the City if they will work with him. CONTRACT WITH CARETAKER - RIVERSIDE PARK: This item was referred to the Budget/Finance Committee. CONTRACT FOR CONCESSION STAND - THOMSON PARK: RESOLUTION NO. 2593 RESOLUTION APPROVING AGREEMENT FOR USE OF THOMSON PARK CONCESSION STAND Minutes of the City Council of Laurel Page 5 Council Meeting of July 7, 1992 Motion by Alderwoman Kilpatrick that Resolution No. 2593 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. RATIFY 1992-93 UNION WAGE AGREEMENT: Bob Gauthier presented the Negotiation Committee's recommendations that the union has ratified, per their letter of July 7, 1992. The recommendations are as follows: 1) shift differential - no change, 2) longevity from $ 6.50 to $ 7.00 per month for each year of service, 3) health insurance to go to $ 250.00 deductible, 4) wages will increase 40 cents per hour. and Bob said the increase amounts to guidelines for the budget. 4.9% and this falls within our Motion by Alderman Marshall retroactive to July 1, 1992, Motion carried 8--0. to ratify the seconded by 1992-93 union contract, Alderwoman Kilpatrick. NON-UNION WAGES: Bob Gauthier stated that non-union employees generally received the same benefits as union employees. The benefits for non-union are as follows: 1) longevity from $ 6.50 to $ 7.00 per month for each year of service, 2) health insurance to go to $ 250.00 deductible, and 3) wages will increase 40 cents per hour. Motion by Alderman Orr to approve the above mentioned benefits for non-union employees which include the DPW, Assistant DPW, City Clerk, Treasurer, Police Chief, Police Captain, Police Sergeant, office staff, library staff and janitor, seconded by Alderman Marshall. Motion carried 8--0. CITY JUDGE & CITY ATTORNEY BENEFITS: Bob Gauthier stated that the City Judge's salary is set by ordinance and we have to make a recommendation and prepare an ordinance for the next meeting. Motion by Alderman Orr that the City Judge and salary be $ 15,100.00 per year, retroactive to July 1, by Alderwoman Kilpatrick. Motion carried 8--0. City Attorney's 1992, seconded An ordinance will be prepared for the July 21st meeting for the City Judge's salary. COMMITTEE REPORTS: --Budget/Finance Committee minutes of June 16, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to Committee minutes of June 16, 1992, into Alderman Collins. Motion carried 8--0. enter the Budget/Finance the record, seconded by --City Council Committee of the Whole minutes of June 16, 1992 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of June 16, 1992, into the record, seconded by Alderman Collins. Motion carried 8--0. --Investment Committee minutes of June reviewed. 29, 1992 were presented and Minutes of the City Council of Laurel Page 6 Council Meeting of July 7, 1992 Motion by Alderman Orr to continue to invest the City's money in Laurel banks, seconded by Alderman Ehrlick. Motion carried 8--0. Motion by Alderman Kellogg to enter the Investment Committee minutes of June 29, 1992, into the record, seconded by Alderman Ehrlick. Motion carried 8--0. --Parks Committee minutes of June 25, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of June 25, 1992, into the record, seconded by Alderman Kellogg. Motion carried 8--0. --Safety Committee minutes of July 6, 1992 were presented and reviewed. Motion by Alderman Kellogg to of July 6, 1992, into the record, carried 8--0. enter the Safety Committee minutes seconded by Alderman Orr. Motion --Street and Alley Committee minutes of June 23, 1992 were presented and reviewed. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of June 23, 1992, into the record, seconded by Alderman Collins. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: Mrs. Boucher of 314 Fir Avenue stated her neighbor on the corner~ Lois Hanson, has the curb plugged so water will not drain correctly and the water is collecting in a whole in the alley. It was stated there is an ordinance on the books which says you cannot stop the flow of water. Joe said the City needs to notify Lois that the curb and gutter must remain clear. This was referred to Jim to have the City clean out the curb and gutter. APPOINTMENTS: None MAYOR'S COMMENTS: Bob Graham commended Donna Kilpatrick, the Police and Fire Chiefs along with the whole fire department and all those who served on the 4th of July Committee for the tremendous job they did in planning and carrying off the activities for the 4th of July. Bob said it amazes him that our little town of Laurel can put on this big of a celebration with as few problems as there are. We are getting known throughout the state for our celebration. Bob also commended the Chamber of Commerce for a wonderful parade. There being no further business to come before the Council at this time, the meeting was adjourned at 7:54 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 July, 1992. Bob Graham, President of the Council Donald L. Hackmann, City Clerk