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HomeMy WebLinkAboutCity Council Minutes 09.15.1992Minutes of the City Council of Laurel September 15, 1992 A regular meeting of the City Council of 'the Montana, was held in the Council Chambers and called Chuck Rodgers at 7:02 p.m., on September 15, 1992. COUNCIL MEMBERS PRESENT: Norman Orr Gay Easton L.D. Collins Albert Ehrlick COUNCIL MEMBERS ABSENT: None City of Laurel, to order by Mayor Lonnie Kellogg Bob Graham Ron Marshall Donna Kilpatrick INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of meeting of September 1, 1992, as presented, seconded Kellogg. Motion carried 8--0. CORRESPONDENCE: Received a letter from Kent Harris, acting secretary the regular by Alderman for Laurel their ]_ease Museum, Inc., informing the City that they are terminating of the former library building. Received a letter from Carol Vance, Tri-Cyclers Coordinator, regarding an alternative to yard waste dumping. Received the activity report for the month of August from the Yellowstone County Air Pollution Control Board. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of August were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financSal statements for the month of August, 1992, be approved, seconded by Alderman Orr. Motion carried 8--0. ORDINANCE OF ANNEXATION - MATHIS SUBDIVISION: Jim Worthington and Joe Bradley have not gotten together with the people in Mathis Subdivision. This item will be put on the agenda for October 6, 1992. RESOLUTION TO ANNEX - LAURMAC SUBDIVISION AMENDED: RESOLUTION NO. 2619 RESOLUTION OF ANNEXATION OF LOTS 81 9, AND 10, IN BLOCK 1, OF LAURMAC SUBDIVISION AMENDED Motion by Alderman Orr that Resolution No. 2619 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 6--2 with Alderman Kellogg and Alderwoman Kilpatrick voting, "NO". DEFINING SUBMISSION OF BUSINESS APPLICATION TO COUNCIL: ORDINANCE NO. 1040 (second reading) REPEALING SECTION 5.04.050 OF THE LAUREL MUNICIPAL CODE, DEFINING SUBMISSION OF BUSINESS APPLICATION TO THE COUNCIL Public Hearing: No comments. Motion by Alderman Orr to close the public hearing, seconded by Alderman Graham. Motion carried 8-~0. Motion by Alderman Marshall that Ordinance No. 1040 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken. Motion carried 7--1 with Alderwoman Kilpatrick voting, "NO". Minutes of the City Council of Laurel Page 2 Council Meeting of September 15, 1992 EXAMINATION OF BUSINESS LICENSE APPLICANT: ORDINANCE NO. 1041 (second reading AMENDING SECTION 5.04.060 OF THE LAUREL MUNICIPAL CODE, EXAMINATION OF APPLICANT Public Hearing: No comments. Motion bM Alderman Graham to close the public hearing, seconded by Alderman Orr. Motion carried 8--0. Motion by Alderman Graham that Ordinance No. 1041 (second 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 [second reading) AMENDING SECTION 5.04.070 OF THE LAUREL MUNICIPAL CODE, ISSUANCE AND DENIAL OF A BUSINESS LICENSE Public Hearing: In regard to changes in the business license ordinances, Jean Carroll Thompson asked if the Treasurer is responsible for issuing all business licenses. It was stated that it is her discretion in issuing business licenses in the business district, but she cannot issue a home occupation. If she feels a license should not be issued, the matter would then come before the Council. L.D. Collins inquired how the Treasurer would know how a business is going to be operated before it is being operated. How would she determine it? He referred back to the issuing of Asphalt Supply's license. The Mayor stated that the Treasurer will not make a determination on any industrial type business. They would have to come before the Council. L.D. said he feels eight heads are better than one when determining whether or not to issue a license. Lonnie reiterated what the City Attorney said regarding this ordinance. The intent is that if the Treasurer determines that a business is riot in the best interest of the City~ the Council always has the last say. Even if she issues a license and the Council has a complaint, it will still come before the Council for final approva]. It was stated that the license may already have been issued but that also happened with the old set of ordinances when the committee gave approval before Council approval. Jean Carroll Thompson said she has been under both systems arid she still feels the old system is better where people ha.ye to come before a committee to apply. It was stated that the Fire Marshall still has to approve a business before the Treasurer can issue a license. Gay Easton said that if a person applying for a license meets all the criteria~ the City has no grounds for turning them down. Motion by Alderman Graham to close the public hearing, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Orr that be passed and adopted~ seconded vo'te was taken. Motion carried "NO". Ordinance No. 1042 (second reading) by Alderman Marshall. A roll call 7--1 with Alderman Collins voting, FIRE INSPECTION FOR BUSINESSES: ORDINANCE NO. 1043 (second reading) ADDING SECTION 5.04.061 TO THE LAUREL MUNICIPAL CODE, FIRE INSPECTION FOR BUSINESSES Page 3 Council Minutes of the City Council of Laurel Meeting of September 15, 1992 Public Hearing: L.D. inquired why the fire inspection fee remains at $ 10.007 He feels it should be raised to $ 20.00 to cover the cost of doing Jr. He said it is just like a service call for any other business. Lonnie stated that L.D.'s idea is a good one but the intent of the ordinance is to change the time frame of when the report is due frown five days to ten days. The issue of the fee can be referred to the Fire Committee and be brought back to the Council with a recommendation. Motion by Alderman Orr to close the public hearing, seconded Alderman Kellogg. Motion carried 8--0. bY COUNCIL AUTHORITY - BUSINESS LICENSES: ORDINANCE NO. 1044 (second reading) AMENDING SECTION 5.04.130 OF THE LAUREL MUNICIPAL CODE, coUNCIL AUTHORITY Public Hearing: Bob Graham said that if the Treasurer would issue a license to someone who violates our codes and ordinances, it would be null and void. Discussion followed regarding the word "transferable". Ron Marshall said this has come up and he understands it as the following; if you buy my business you cannot assume my license, you have to apply for one on your own behalf. If the same owner moves his business to a different location, the license is transferable by address but it would require another fire inspection for the new building. Chuck clarified it by saying you cannot transfer a license from one individual to another but you can transfer it from one location to another as long as the ownership remains the same. L.D. said that up until recently, when a business moved location, the City was making them get and pay for another license. That is why he wanted clarification on the word transferable. Motion by Alderman Graham to close the public hearing, by Alderman Kellogg. Motion carried 8--0. seconded Motion by Alderman Orr that Ordinance No. 1044 (second reading) be passed and adopted, seconded by Alderman Marshall. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. L.D. asked that a subsection what non-transferable means. Bradley when he gets back. SECONDHAND STORES: be added to the ordinance, clarifying Chuck said he would check with Joe ORDINANCE NO. 1045 (second reading) REPEALING CHAPTER 5.32 OF THE LAUREL MUNICIPAL CODE, SECONDHAND STORES Public Hearing: No comments. Motion by Alderman Collins to close the public hearing, by Alderman Marshall. Motion carried 8--0. Motion by Alderman Collins that Ordinance No. 1046 reading) be passed and adopted, seconded by Alderman Ehrlick. call vote was taken and all aldermen voted, "YES". Motion 8--0. seconded ( second A roll carried Motion by Alderman Orr that Ordinance No. 1043 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken. Motion carried 7--] with Alderman Collins voting~ "NO". Minutes of the City Council of Page 4 Council Meeting of September 15, 1992 Laurel CHANGE THE TWO-HOUR PARKING DISTRICT: ORDINANCE NO. 1046 (second reading) AMENDING SECTION 10.52.040 OF THE LAUREL MUNICIPAL CODE, TO CHANGE THE TWO-HOUR PAHKING DISTRICT Public Hearing: No comments. Motion by Alderman Graham to close the public hearing, seconded by Alderman Collins. Motion carried 8--0. Motion by Alderman Graham that Ordinance No. 1046 (second reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen voted, "YES". Motion carried 8--0. CHANGE THE THREE-HOUR PARKING DISTRICT: ORDINANCE NO. 1047 (second reading) AMENDING SECTION 10.52.050 OF THE LAUREL MUNICIPAL CODE, TO CHANGE THE THREE-HOUR PARKING DISTRICT Public Hearing: No comments. Motion by Alderman Graham to close the public hearing, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderwoman Kilpatrick that Ordinance No. 1047 (second reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all. aldermen voted, "YES". Motion carried 8--0. PROHIBIT KEEPING OF WILD/EXOTIC ANIMALS IN CITY LIMITS: Motion by Alderman Collins to table Ordinance No. 1048 until we get more public input~ seconded by Alderman Marshall. Ron Marshall stated that this issue was brought up by the Police Chief because of complaints against certain dogs that. residents feel are dangerous. Joe took this ordinance from a similar one that Billings has. Ron said L.D. brought up some good points in regard 'to this ordinance. Instead of defining all types of animals, maybe it should read just dangerous animals. L.D. said he did some calling around and he found that the five most dangerous animals are pit bull terriers, blue heelers, german shepherds, doberman pinchers and rotweilers. In the ordinance, wolf hybrid is listed as an animal that is not allowed. L.D. questioned what is considered a wolf hybrid? He stated that all malamutes are 1/8 wolf and if this ordinance passes, all malamutes within the city limits of Laurel will have to go. Chuck said what L.D. is talking about are two different categories. The ordinance refers to exotic and what L.D. is talking about are domestic. Chuck gave the example of a cow as being domestic and an elk as being a wild animal. More discussion and Bob Graham said this ordinance is trying to get the animals that are being brought into our state that pose a danger to people. There are not enough reports yet to get them ranked with the dogs that L.D. listed before. A point of order was taken by Alderman Kellogg. A motion is on the floor to table Ordinance No. 1048 and there should be no discussion. A vote was taken on the motion. There being a division of the house, a roll call vote was taken. Motion defeated 5--3 with Aldermen Graham, Orr, Kellogg, Easton and Ehrlick voting, "NO". Minutes of the City Council of Laurel Page 5 Council Meeting of September 15, 1992 ORDINANCE NO. 1048 (second reading) ADDING SECTION 6.16.015 TO THE LAUREL MUNICIPAL CODE, TO PROHIBIT THE KEEPING OF WILD/EXOTIC ANIMALS IN THE CITY LIMITS Public Hearing: Bob Graham said he realizes that this ordinance will not solve ali our animal problems but it will be a start to eliminating these types from our town. By having it on the books, it may deter individuals from getting and keeping these types of animals. L.D. stated he would be in favor of a dangerous animal ordinance but Ordinance No. 1048 says nothing about dangerous animals. Bob Graham said the ordinance can be amended. He would hope that if we find that some other breed of animal creates a problem and it is not listed, that the Council would amend this ordinance and add it. Motion by Alderman Orr to close the public hearing, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Kellogg that Ordinance No. 1048 (second reading) be passed and adopted~ seconded by Alderman Orr. A roll call vote was taken. Motion passed 5--3 with Alderwoman Kilpatrick and Aldermen Collins and Marshall voting, "NO". STATUS OF FIRE/BUILDING INSPECTOR: The Mayor said he has talked to two individuals who are somewhat interested in the Fire/Building Inspector position. One was to report back to Chuck this week. Both parties are interested in helping to get the file system set up and in doing the first initial inspection. This inspectJon could take anywhere from four to eight months and at that point, both individuals would bow out. Both are experienced fire inspectors who have been through fire training academies. One has had 35 years in fire service and the other has had 42 years. In regard to salaries, Chuck said they agreed to payment by the hour. They feel there is a real need in the City to get this program started and being dedicated to fire service as they are, they would do it for a minimal fee. Currently, the City has approximately $ 6,000.00 budgeted :For salaries. Chuck said both individuals would be willing to work with members of our Fire Department to teach and acquaint them with the process of fire inspection, if they have a desire to do so. There are three or four members of our department who will be eligible for retirement in the next year or two and maybe one of them would be interested in carrying this on as a part-time job. Chuck spoke to Jim about the building inspector portion of the job and they hope to find someone who will fit in both areas. Chuck said he wanted to get the program going before school started so the schools could be inspected. Since this did not happen, our own department may have to inspect the schools and when we get someone hired, they could go back through them. A fire inspection plan would be set up in zones with high life priority first, manufacturing next and then to the general businesses. Discussion followed regarding the fire inspection fee and how it would be collected. Don Hackmann, City Clerk, suggested that this be referred to the Personael Committee in order set up an hourly wage for this person. Since there are no guidelines for non-union employees, Don feels it would be better to have a set salary before someone is hired rather than waiting until later. Motion by Alderman Graham to refer this to the Personnel Committee, seconded by Alderman Ehrlick. Motion carried 8--0. Minutes of the City Council of Laurel Page 6 Council Meeting of September' 16, 1992 COMMITTEE REPORTS: --Budget/Finance Committee minutes of September 1, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of September 1, 1992, into the record, seconded by Alderman Kellogg. Motion carried 8--0. --City Council Committee of the Whole minutes of September 1, 1992 were presented. Motion by Alderman Marshall to enter the City Council of the Whole minutes of September 1, 1992, into the record, by Alderman Ehrlick. Motion carried 8--0. Committee seconded --City-County Planning Board minutes of September 10, 1992 were presented and reviewed. Discussion followed regarding the parking of occupied travel trailers. In the minutes, Cal Cumin recommended that the ordinance be changed to read no more than 14 days per year instead of 14 days per month. The 14 days per year would cover the Herbstfest, Good Sam and other events that are held in town. Motion by Alderwoman Kilpatrick to Board minutes of September 10, 1992, Alderman Orr. Motion carried 8--0. enter the City-County Planning into the record, seconded by COMMENTS FROM THE AUDIENCE: Jean Carroll Thompson stated that she sent letters to the Council and Mayor regarding the Herbstfest. This is the 20th anniversary and they would like a City representative to speak at the opening ceremony. Along with 'this, they would like to know which other City officials will be in attendance and they will be introduced. STREET REPAIRS Jim Worthington reported on the street repairs that are taking place throughout the city. Jim said that millings are being used for this and next year, as weather permits~ we will be chip sealing all the areas that are being patched. Jim said we have used abont 60% of the millings that we obtained so there will be some left for next year. In regard to a question about obtaining more millings, Jim said the State has none at 'this time but we will have our name on a list if any become available. Jim said he is pleased with the work that is going on in the street department. DRYING BEDS - SEWER PLANT Jim said we are awarding the contract for concrete work for two more drying beds at the sewer plant. The City backed off on this last year when the State came up with the permit fee, but we have since found out that the fees do not apply to concrete work. We are also preparing to award the bid for concrete work at the solid waste site. ROOF REPAIRS CITY BUILDINGS In regard to the roofing that needs to be done on city buildings, Jim said that within the last week he has awarded the bids to local contractors for most of the buildings. He is holding off on the bid for City Hall and the old library building until there are more definite plans on what the old library building will be used for since this could effect the roof. Jim estimates that the permit fees to the State will run $ 453.13 for the buildings that lie outside the city limits. Page 7 Council Minutes of the City Council of Laurel Meeting of September 15, 1992 LANDFILL CLOSURE Jim reported that on September 9th, the closure plan for the landfill site was submitted to the State. The State has 16 days to review it and make comments. The City and the consultant then have 180 days to complete the drilling and the hydrological testing that was approved by the Council. We are waiting for the consultant to give us closure requirements for the type of soil, amount of soil and the gradation, which we will be doing ourselves. PROPOSALS FOR OLD LIBRARY BUILDING Jim stated that over the last two weeks~ his department has been working with the Mayor and the architect regarding the future use of the old library building. The next step is to meet with the Building Committee to discuss the plans and what the possibilities are for the building. The architect was asked to analyze the situation for providing ADA support. APPRAISAL OF CITY LOTS LOCATED BY BETTY AVENUE Jim reported that he has gotten through the appraisal of the property the City acquired several years ago through Cherry Hills, Second Filing. We had 16 lots that were given to the City in the undeveloped area north of Betty's Place along with one lot on the north side of Maryland Lane. Jim stated that Charlie Fischer owns the lot south of the City lot on Maryland and by mutual agreement, the sewer and water services and street improvements have been done, with Charlie sharing in the cost. With these improvements in, the City lot on Maryland is now ready to be sold. If the Council sees fit~ the lot can be put up for sale. APPOINTMENTS: The Mayor appointed Mona Bailey as an ambulance attendant. Motion by Alderman Kellogg to confirm the Mayor's appointment of Mona Bailey as an ambulance attendant, seconded by Alderman Orr. Motion carried 8--0. MAYOR'S COMMENTS: USE OF OLD LIBRARY BUILDING In regard to the old library building, Chuck stated he would like turn this over to the building committee and ask them to come back the Council with a recommendation and guidelines. to In order to comply with the ADA regulations, one option would be to install an elevator. Chuck said it would be similar to the one that was put in at the Laurel Middle School. The elevator itself would cost approximately $ 27,000.00 and there would be additional costs for the framework to house it. The total cost could run in the neighborhood of $ 50,000.00. This would be a service type elevator used only for handicapped. Mr. Goldy suggested that the two rest rooms in the hallway in City Hall be redesigned to accommodate handicapped persons. In regard to the old library building, the architect noted that there is a drainage problem that needs to be corrected. The back wall should have more openings for water runoff. In order to protect what foundation is there, the grass needs to be removed and an apron of cement should be poured behind the building to protect the foundation. This would provide direct runoff of the water shed from the roof and not let it soak into the ground. The one existing rest room in the building can be remodeled to be used as a multiple type rest room. The remaining space can be used for meeting areas with minor expense in curtains, doors or whatever. The Mayor said we aeed to decide what we want to use it for, then the architect can design a layout that is feasible for us. Up to this point Mr. Goldy has not charged us anything but if we have him help design a layout, he will charge $ 30.00 an hour. To sum it up, Chuck said he would like the Building Committee to come up with a definite plan and then we can enlist the help of an architect to finalize it, if we need to. Minutes of the City Council of Laurel Page 8 Council Meeting of September 15, 1992 Chuck commended Andy Loebe for the excellent job that the street crew is doing. Chuck stated that Vern Waller, Chief Operator at the Water Plant, turned in his resignation. has Chuck commented that the scraper at the landfill was broke down but it is now up and operating again. The bomag is also broke down, due to neglect on the part of the operators and this will cost approximately $ 10,000.00 to put it back on line. Chuck said he has sat in with Dave on the foremen's meetings for the last four weeks. Chuck said the Council would be shocked to see what we have promoted and he said Dave is actually doing most of the work. L.D. said he was told by a garbage truck driver that city officials have instructed him to take overloaded vehicles to Billings. Chuck said these drivers are working for the City's benefit. They have a piece of equipment that they are responsible for. They are to maintain it by checking the tires~ gas, water, oil and etc. These trucks have an override switch that should be checked daily. Chuck said there is no excuse in his book for that light to come on and have them say it is a defect in the light when they know they are 1200 to 1500 pounds overweight. They know how much they are picking up and they know when they should stop. Chuck said he gave a directive that there will be no more dumping at the transfer site and he took it upon himself to tell the operator to go to the weigh station. If he gets fined we will have to come up with it. Chuck said he will go with it the first time but thereafter, it is the operators fault. They are responsible for the piece of equipment they are driving. Albert Ehrlick requested permission to leave the State from September 20th to October 7th. Motion by Alderwoman Kilpatrick to grant Albert permission to leave the State, seconded by Alderman Collins. carried 8--0. Ehrlick Motion There will be a Parks Committee meeting on Thursday, September 17th at 5:00 p.m, A Garbage Committee meeting will be held on September 21st at 5:00 p.m. There being no further business to come before the Council at time~ the meeting was adjourned at 8:34 p.m. Donald L. Hackmann, City Clerk this Approved by the Mayor Laurel, Montana, this and passed by the City Council of the City 6th day of October, 1992. ATTEST: Donald L. Hackmann, City Clerk of