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HomeMy WebLinkAboutCity Council Minutes 09.01.1992Minutes of the City Council of Laurel September 1, 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 President of the Council Bob Graham at 7:00 p.m., on September 1, 1992. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Gay Easton Lonnie Kellogg Bob Graham Ron Marshall Donna Kilpatrick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of August 18, 1992, as presented, seconded by Alderman Orr. Motion carried 8--0. CORRESPONDENCE: Received a letter from the Department of Health and Environmental Sciences, Solid and Hazardous Waste Bureau, Solid Waste Program regarding the Laurel Landfill (license #203) Groundwater Report and Closure. Received a public notice from the Department of Health and Environmental Sciences regarding a public hearing on Friday, September 25, 1992 concerning the Petition for Modification of Quality of Ambient Waters submitted by Stillwater Mining Co. for the Stillwater Mine near Nye, Montana. Received a memo from the Montana Tradeport Authority regarding the State of Montana Transportation Improvement Plan. Received a letter from Pearl Main, caravan leader of the Wally Byam Caravan Club International, Inc., regarding a stop at Riverside Park on July 10, 1993. This was referred to the Parks Committee. 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 amount of $ 339,123.27 for the month of August, Alderman Collins. Motion carried 8--0. all claims in the 1992, seconded by BOB TRIBELHORN - PRESENTATION ON LAUREL JOINING BEARTOOTH RC&D: Bob Tribelhorn gave a presentation on Beartooth RC&D. RC&D stands for Resource, Conservation and Development. Beartooth RC&D is a locally sponsored and directed program Stillwater Counties. The basic improve the economic and social conservation~ utilization and resources. Beartooth RC&D is corporation. serving Carbon, Sweet Grass, and purpose of the organization is to conditions of the area through the development of natural and human a charitable nonprofit 501 (c)3 Bob said RC&D's can support local projects throughout the area and by being a member of this group, it is possible to get other people to support projects that are important to you. Bob said that after expansion of Beartooth RC&D to four or five counties, they can look at the possibility of an economic development district. Bob said there are four other RC&D districts in the State. There is also an RC&D Association, which supports the individual projects that are going on. Cai Cumin said the RC&D movement is just coming of age in Montana and a large part of Montana is covered by them. They organize areas and Page2 Minutes of the City Council of Laurel Council Meeting of September 1, 1992 what Bob provides is a coordinating person who is funded by the federal government to do the coordination. In this way, it does not cost the local people any money to fund a staff, do the coordination and keep track of the grants. It is a networking system. Cal said this is a networking system that provides a lot more weight as a group. Generally, we have had several little entities that just fight among themselves. With this, you are combining five counties and you can look at this as having a major impact on Congress and for politicking for grants and other things that are needed here. Cal said this organization carries a lot more weight than we do by ourselves and this is why Yellowstone County has petitioned 'to join this organization. Cai does not want to see Laurel get left out of this program so we need to apply to get into it. Bob said the dues are generally $ 250.00 per year per county and they are usually paid through the conservation district. This money is used mostly for postage and an occasional meeting for a board member. Donna Kilpatrick inquired whether Laurel would be represented on the board. Bob said anyone that wants to join would automatically have a vote on the board. In regard to a question, Bob explained how this relates to solid waste issues. They would assist local governments in trying to reduce the amount of money they pay for solid waste disposal and then come up with some alternative solutions that would include recycling. Bob said the first step in applying Board, requesting that we be allowed application would need to be signed different agencies for signatures. is to write a letter to the RC&D to join. Once this is done, an by us and then sent to several There are 234 RC&D areas throughout the United States. Funding amounts to approximately $ 110,000.00 which goes for overhead and salaries. Currently there are 14 board members and Yellowstone County would add five more. Bob distributed a fact and information sheet to the Council and reviewed the objectives. In regard to a question, Bob said in the three years that he has been involved with it, the biggest controversy has been over expansion. Cal said there is a real issue in the RC&D about whether they want to let Yellowstone County into it so you see, it's kind of an exclusive club that works very well for them and they are not sure they want to open it up to anyone else. Bob said the board voted in January to expand to Yellowstone County but it wasn't done at that time and it probably should have been. To clarify a point, Cal said RC&D is not a grant writing agency per say. They can help with grants by letting you know what is available, by using political pressure to obtain grants and by keeping everyone up to date on them. Cal said they could probably write a grant but they are not a grant writing agency. Motion by Alderman Collins to send a letter requesting to .join the Beartooth RC&D~ seconded by Alderman Easton. Motion carried 8--0. Bob encouraged everyone to attend a meeting on September 16th at 6:00 p.m. at the Apple Village Cafe in Columbus~ Montana. GEORGE FIGGINS - REQUEST TO LEASE W~ST POND: George Figgins wrote a letter to the Parks Committee on August 17th~ requesting that he be allowed to lease West Pond for his exclusive use. The committee denied this request. Minutes of the City Council of Laurel Page 3 Council Meeting of September 1, 1992 Joe Bradley said that no action is required by the Council since the request was denied by the committee. It was stated that the City currently owns this property. The Rod and Gun Club had previously held the lease for many years, but they lost it to Yellowstone County for back taxes (refer to minutes of February 5, 1991). Some time ago they came to the Council requesting to lease it again but at that time, the County still had the land and the City could do nothing about it. The County has since given the land to the City, but the Rod and Gun Club has not requested the lease again. Lonnie Kellogg said it was the intent of the Parks Committee to lease it back to the Rod and Gun Club. ORDINANCE OF ANNEXATION - MATHIS SUBDIVISION: This item was postponed until the September 15th Council meeting. Jim Worthington and Joe Bradley need to meet with the individuals involved and come up with an improvement plan. PETITION OF ANNEXATION - LAURMAC SUBDIVISION: Mr Lees is requesting annexation of his property which is described as Lots 8-9-10, Block 1, Laurmac Subdivision Amended. Joe explained that since there is just one property owner and he is present in the audience, we don~t have to go through the whole process of advertising and holding a public hearing. Ail he has to do is sign a petition of annexation and then the Council will pass a resolution saying we approve the petition. It would take effect immediately and the information will be given to the County. This will be on the agenda for the September 15th Council meeting. ' Discussion followed regarding which lots on 12th Street are in the City limits and which ones have curb and gutter. It was stated that Mr. Lees will need to sign a waiver of protest. REPEALING ORDINANCE - DEFINING SUBMISSION OF APPLICATION: ORDINANCE NO. 1040 (first reading) REPEALING SECTION 5.04.050 OF THE LAUREL MUNICIPAL CODE, DEFINING SUBMISSION OF BUSINESS APPLICATION TO THE COUNCIL Motion by Alderman Orr that Ordinance No. 1040 (first reading) be passed and adopted, seconded by Alderman Kellogg. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. AMEND ORDINANCE - EXAMINATION OF APPLICANT: ORDINANCE NO. 1041 (first reading) AMENDING SECTION 5.04.060 OF THE LAUREL MUNICIPAL CODE, EXAMINATION OF APPLICANT Motion by Alderman Kellogg that Ordinance No. 1041 (first reading) be passed and adopted~ seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. ISSUANCE AND DENIAL OF BUSINESS LICENSE: ORDINANCE NO. 1042 (first reading) AMENDING SECTION 5.04.070 OF THE LAUREL MUNICIPAL CODE, ISSUANCE AND DENIAL OF A BUSINESS LICENSE Motion by Alderman Orr that Ordinance No. 1042 (first reading) be passed and adopted~ seconded by Alderman Kellogg. A roll call vote was taken. Motion carried 7--1 with Alderman Collins voting, "NO". Minutes of the City Council Page 4 Council Meeting of September 1, 1992 of Laurel FIRE INSPECTION FOR BUSINESSES: ORDINANCE NO. 1043 (first. reading]) ADDING SECTION MUNICIPAL CODE, BUSINESSES 5.04.061 TO THE LAUREL FIRE INSPECTION FOR Motion ~2~ Alderman Marshall that Ordinance No. 1043 (first reading) be passed and adopted, seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8-~0. COUNCIL AUTHORITY: ORDINANCE NO. 1044 (first reading) AMENDING SECTION 5.04.130 OF THE LAUREL MUNICIPAL CODE, COUNCIL AUTHORITY Motion b~v Alderman Kellog~g that Ordinance No. 1044 (first reading) be passed and adopted~ seconded by Alderman Orr. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. SECONDHAND STORES: ORDINANCE NO. 1045 (first reading) REPEALING CHAPTER 5.32 OF THE LAUREL MUNICIPAL CODE, SECONDHAND STORES Motion b~v Alderman Kellogg that Ordinance No. 1045 (first reading) be passed and adopted, seconded by Alderman Collins. Joe said the License Committee recommended getting rid of the separate designation for secondhand stores. People who want to run a secondhand store will still have to fill out an application and declare they will be running a secondhand store. Their license will be issued to run a secondhand store. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. POLICE PERSONNEL POLICY MANUAL: Ron Marshall stated the the manual is not ready. They wanted to incorporate information from a seminar that Mike Atkinson attended into the manual, but they have not had a chance to do so yet. Joe also attended this meeting and reported on it. He said they talked about the use of force and we were not aware that there are model personnel policy codes, which govern high speed chases and the use of force by officers. There are various codes~ all with different standards and they are going to send away for them and incorporate them in the police handbook. CHANGE THE TWO-HOUR PARKING DISTRICT: ORDINANCE NO. 1046 (first reading) AMENDING SECTION 10.52.040 OF THE LAUREL MUNICIPAL CODE, TO CHANGE THE TWO-HOUR PARKING DISTRICT Joe explained that we took out any limitation for parking on Second Avenue between Main Street and First Street and also shortened the two-hour parking district on East First Street from First Avenue to the alley between First Avenue and Montana Avenue. Joe said the last item is to extend the two hour parking district through Colorado Avenue on Main Street which will pick up the two parking spots in front of Blue Bell Antiques. Minutes of the City Council of Laurel Page 5 Council Meeting of September 1, 1992 Motion by Alderman Collins that Ordinance No. 1046 reading) be passed and adopted, seconded by Alderman Ehrlick. (first Discussion regarding the parking on Second Avenue in front of Laurel Creamery. Joe said he will notify Bruce Teeters that there is a public hearing on this at the next meeting if he has any reservations about it. A roll call vote was taken. Motion carried 6--3 with Aldermen Kellogg, Orr and Marshall voting, "NO". CHANGE THE THREE HOUR PARKING DISTRICT: ORDINANCE NO. 1047 first reading) AMENDING SECTION 10.52.050 OF THE LAUREL MUNICIPAL CODE, TO CHANGE THE THREE HOUR PARKING DISTRICT Motion by Alderman Kellogg that Ordinance No. 1047 (first reading} be passed and adopted, seconded by Alderman Collins. Joe said this ordinance goes hand in hand with the previous ordinance. A roll call vote was taken. Motion carried 5--3 with Aldermen Kellogg~ Orr and Marshall voting, "NO". PROHIBIT EXOTIC ANIMALS IN CITY LIMITS: ORDINANCE NO. 1048 (first reading) ADDING SECTION 6.16.015 TO THE LAUREL MUNICIPAL CODE, TO PROHIBIT THE KEEPING OF WILD/EXOTIC ANIMALS IN THE CITY LIMITS Joe said this is the same ordinance that Billings is looking at and the main reason for it is to get rid of the wolf hybrid animals. Motion by Alderman Kellogg that Ordinance No. 1048 (first reading) be passed and adopted, seconded by Alderman Marshall. Item "D" states that the Chief of Police would have the power to release any animal which is capable of survival. Mike said that he would not handle a wild animal, rather he would turn it over to the Fish and Game Department. Motion by Alderman Ehrlick to amend the ordinance by deleting item "D", seconded by Alderman Marshall. Motion carried 8--0. Ron Marshall stated that in light of what was said earlier regarding the conference Mike went to, he feels that regardless of whether we know 'the whereabouts of every animal like this, this should release the City from liability. It will probably be handled on a complaint basis only. Mike stated that the animal control officer brought this problem to his attention because she had complaints from neighbors of individuals who own wolf hybrid dogs. They stated that if their children ever get bit, they will sue the City. Discussion followed and it was stated that if this ordinance passes, the City will need to inform these people that they have to board their animals outside 'the City limits. A roll call vote was taken. Motion carried 7--1 with Alderman Collins voting, "NO". BOARD FEES FOR OUT OF AREA PRISONERS: RESOLUTION NO. 2615 A RESOLUTION TO INCREASE THE BOARDING FEE FOR THE INCARCERATION OF INMATES AT THE LAUREL CITY JAIL Page6 Minutes of the City Council of Laurel Council Meeting of September 1, 1992 Motion by Alderman Orr that Resolution No. 2615 be passed and adopted, seconded by Alderman Kellogg. Motion by Alderman Marshall to amend Resolution No. 2615 to include meals~ seconded by Alderman Orr. Motion carried 8--0. More discussion regarding the boarding fees and the fact that this covers the meals and the overalls that they wear. It was decided to amend the resolution to read $ 40.00. Motion by Alderman Marshall to amend Resolution No. 2615 to read 40.00 per day, seconded by Alderman Collins. Motion carried 8--0. A vote was taken on the original motion, twice amended. Motion carried 8--0. TRANSFER FUNDS - CAPITAL PROJECTS/FIRE DEPARTMENT: RESOLUTION NO. 2616 BEING A RESOLUTION TRANSFERRING CERTAIN FUND OF THE CITY OF LAUREL, MONTANA Motion by Alderman Orr that Resolution No. 2616 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. TRANSFER FUNDS - CAPITAL PROJECTS/COMPUTER EQUIPMENT: RESOLUTION NO. 2617 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Orr that Resolution No. 2617 be passed and adopted, seconded by Alderman Kellogg. Motion carried 8--0. Don Hackmann stated that he would like to get the new computer up and running by January 1, 1993 because that is when the maintenance contract on our current computer is due. The contract runs approximately $ 6,000.00 a year and we do not want to pay it again. Don said the City has been transferring money into capital project funds for the past two years. The amount transferred in the Fire Department is based on their contract revenue. With the other funds, the City is only allowed to transfer 5% of our tax revenues for the remaining items which are computer and ambulance equipment. Don said we are not transferring the money for the ambulance equipment at this time~ since were are waiting to hear about the grant. If we should be successful in that grant, the money earmarked for the ambulance fund could be transferred into one of the other capital project funds. At this time a vote was taken on the motion. Motion carried 8--0. TRANSFERRING FUNDS - CAPITAL PROJECTS/STREET EQUIPMENT: RESOLUTION NO. 2618 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL~ MONTANA Motion by Alderman Kellogg that Resolution No. 2618 be passed and adopted, seconded by Alderman Collins. Don explained that this is money transferred from fund and we are allowed up to 25% of our allo'tment. for future purchases of street equipment. the state gas tax This will be used A vote was taken on the motion. Motion carried 8--0. Minutes of the City Council of Laurel Page 7 Council Meeting of September 1, 1992 APPOINTMENTS: Bob Graham informed the Council that the Mayor appointed Joe Bradley, Larry Thomas and John Smith to the Planning Board. Joe's term will run until June 30, 1993 and Larry and John's until June 30,1994. Bob Graham reported that Mayor Rodgers appointed Howard Clayton to the Airport Authority Board until June 30, ].997. Motion by Alderman Orr to confirm the reappointment of Howard Clayton to the Airport Authority Board~ effective until June 30~ 1997~ seconded by Alderwoman Kilpatrick. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of August 18, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of August 18, 1992, into the Alderman Marshall. Motion carried 8--0. the Budget/Finance record, seconded by --City Council Committee of the Whole minutes of August 18, 1992 were presented. Motion by Alderman Kellogg to enter the City Council Committee of the Whole minutes of August 18~ 1992~ into the record~ seconded by Alderman Orr. Motion carried 8--0. --Garbage Committee minutes of August 24, 1992 were presented and reviewed. Motion by Alderman Easton to enter the Garbage Committee of August 24, 1992, into the record, seconded by Alderman Motion carried 8--0. minutes Ehrlick. --Garbage Committee minutes of August 31, 1992 were presented and reviewed. Gay Easton reviewed the minutes and stated there was a lot of discussion regarding closure of the landfill and transfer site design. In regards to the transfer site, Barry Damschen of Damschen & Associates of Helena recommends that that City use the large 110 yard trailer type containers instead of the 40 yard ones presently being used. He said Jackson Hole~ Wyoming uses this type of system and he encouraged individuals from the City go and look the system over. Motion by Alderman Easton to enter the Garbage Committee of August 31, 1992, into the record, seconded by Alderman Motion carried 8--0. minutes Kellogg. Motion by Alderman Ehrlick to send a committee of four to 2ackson Hole, Wyoming to look at their transfer site, seconded by Alderman Collins. Motion carried 8--0. --Laurel Airport Authority minutes of July 28, 1992 were presented. Motion by Alderman Orr to enter the Laurel Airport minutes of July 28, 1992, into the record, seconded by Kellogg. Motion carried 8--0. Authority Alderman --Parks Committee minutes of August 27, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of August 27, 1992, into the record, seconded by Alderman Orr. Motion carried 8--0. --Street and Alley Committee minutes of August 20, 1992 presented and reviewed. were Minutes of the City Council of Laurel Page 8 Council Meeting of September 1, 1992 Motion by Alderman Ehrlick to enter the Street and Al]hey Committee minutes of August 20, 1992, into the record, seconded by Alderman Marshall. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: Cai Cumin asked about the status of the Building/Fire Inspector position. In regard to the request by the City to expand the jurisdictional building code area, Cal said our request was denied once again. The main reason it was denied is because they will not support the idea of piece meal expansion. Cal said that if the City gets a Building/Fire inspector, we could expand our jurisdictional area out a mile. It was stated that the funds are still not available to hire this person on a full time basis and Cal said he didn't feel the work involved would require a full time position. Bob said he will talk to Chuck when he gets back and this item will be put on the agenda for the next meeting. MAYOR'S COMMENTS: Bob Graham complimented the Police Department on the good job they did with the silent march that took place in support of the schools. Bob commented on the new police bicycle patrol and said that it is very impressive. Mike Atkinson stated that six officers have volunteered to do a bike patrol on their off duty hours. They will be in uniform with the exception of wearing dress blue shorts instead of pants and they will be wearing bicycle helmets. This is to develop good public relations with the community and if there would be an emergency call in their vicinity, they can respond to it. They will have radio communication but they are not out there to respond to calls. There being no further business to come before the Council at time, the meeting was adjourned at 8:35 p.m. Donald L. Hackmann, City Clerk this Approved the the Mayor and passed by the City Council of the City of Laurel, Montana, this 15th day of September, 1992. ATTEST: Donald L. Hackmann, City Clerk