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HomeMy WebLinkAboutCity Council Minutes 10.20.1992Minutes of the City Council of Laurel October 20, 1992 A regular meeting of the City Council Montana, was held in the Council Chambers and Chuck Rodgers at 7:00 p.m., on October 20, COUNCIL MEMBERS PRESENT: Norman Orr Albert, Ehrlick L.D. Collins Gay Easton COUNCIL MEMBERS ABSENT: None of the City of Laurel, called to order by Mayor' 1992. 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 the regular meeting of October 6, 1992, as presented, seconded by Alderman Orr. Motion carried 8--0. CORRESPONDENCE: Received a reporh from the Laurel Police Reserves for the first quarter 1992-93. Received the September 16, 1992 Beartooth RC&D Board meeting minutes. Received the minutes from an RC&D Regional Unity Meeting held on September 25, 1992. Received a memo from Bob Worthington, MMIA Programs Administrator, regarding membership authorization to issue bonds to refund the outstanding MMIA Program Bonds. Received the minutes and activity report for the month of September from the Yellowstone County Air Pollution Control Board. CITY CLERK'S & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statements for the month of September were presented. Motion by Alderwoman Kilpatrick that the City Clerk's and City Treasurer's financial statements for the month of September, 1992, be approved, seconded by Alderman Orr. Motion carried 8--0. ORDINANCE OF ANNEXATION - MATHIS SUBDIVISION: Jim Worthington reported that he and Joe Bradley are still trying to meet with the property owners to come up with cost estimates. This item will be put on the agenda for the November 4th Council meeting. TEMPORARY PARKING OF TRAVEL TRAILERS: ORDINANCE NO. 1049 (second reading) AMENDING SECTION 17.16.010 TO THE LAUREL MUNICIPAL CODE TO ALLOW TEMPORARY PARKING OF OCCUPIED TRAVEL TRAILERS AND RECREATIONAL VEHICLES ON PRIVATE PROPERTY IN ALL RESIDENTIAL ZONES Public Hearing: Cai Cumin said this ordinance addresses the needs of organizations snch as churches and the Herbstfest that need temporary parking for a maximum of two weeks. Motion by Alderman Marshall to close the public hearing, seconded by Alderman Orr. Motion carried 8--0. Motion by Alderman Graham that Ordinance No. 1049 (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. Minutes of the City Council of Laurel Page 2 Council Meeting of October 20~ 1992 LEASES FOR RIVERSIDE PARK PROPERTIES: RESOLUTION NO. 2620 APPROVING LEASES FOR RIVERSIDE PARK PROPERTIES Motion b~ Alderman Marshall that Resolution No. 2620 be and adopted, seconded by Alderman Orr, Motion carried 8--0. passed ENDORSING BILLINGS MEGNETOHYDRODYNAMICS DEMONSTRATION PLANT (MHD): RESOLUTION NO. 2621 A RESOLUTION ENDORSING THE BILLINGS MAGNETOHYDRODYNAMICS (MHD) DEMONSTRATION PLANT, AND RECOMMENDING THAT THE CITY OF LAUREL PARTICIPATE Motion by Alderwoman Kilpatrick that Resolution No. 2621 passed and adopted, seconded by Alderman Easton. Joe stated that this is a renewal of an old resolution that the CouncJ. 1 passed in 1989. Cal said what they are wanting is our support of the project at the Corette Plant in Billings which is a $400,000,000 jolt in tile local economy and this will affect Laurel. The Corette Plant in Billings is only one of two sites in the world that is being considered for this type of program. In regard to a question about funding, Cal said half the funds are coming from the Department of Energy and the other half are from big companies such as Montana Power, Western Energy and large coal companies. A vote was taken on the motion. Motion carried 8--0. MMIA - ISSUANCE OF REFUNDING BONDS FOR LIABILITY INSURANCE: RESOLUTION NO. 2622 A RESOLUTION RELATING TO PARTICIPATION IN POOLED SELF- INSURANCE PROGRAM; APPROVING AND AUTHORIZING THE MONTANA MUNICIPAL INSURANCE AUTHORITY TO ISSUE BONDS ON BEHALF OF THE MUNICIPALITY, TO REFUND THE OUTSTANDING LIABILITY INSURANCE BONDS ISSUED BY THE AUTHORITY ON BEHALF OF THE MUNICIPALITY, APPROVING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING THERETO AND AUTHORIZING THE ISSUANCE AND COMMITTING TO EXECUTE AND DELIVER TO THE MONTANA MUNICIPALITY INSURANCE AUTHORITY A GENERAL OBLIGATION NOTE EVIDENCING THE MUNICIPALITY'S ]PROPORTIONATE SHARE OF PRINCIPAL OF AND INTEREST ON THE REFUNDING BONDS AND THE EXECbTION AND DELIVERY OF RELATED DOCUMENTS. Motion by Alderman Kellogg that Resolution No. 2622 be passed adopted, seconded by Alderman Marshall. Motion carried 8--0. MMIA - ISSUANCE OF REFUNDING BONDS FOR WORKMEN'S COMP INSURANCE: and RESOLUTION NO. 2623 A RESOLUTION RELATING TO PARTICIPATION IN POOLED SELF- INSURANCE PROGRAM; APPROVING AND AUTHORIZING THE MONTANA MUNICIPAL INSURANCE AUTHORITY TO ISSUE BONDS ON BEHALF OF THE MUNICIPALITY~ TO REFUND THE OUTSTANDING WORKERS~ COMPENSATION PROGRAM REVENUE BONDS ISSUED BY THE AUTHORITY ON BEHALF OF THE MUNICIPALITY, APPROVING THE DISTRIBUTION OF A PRELIMINARY OFPICIAL STATEMENT RELATING TRERETO AND AUTHORIZING THE ISSUANCE AND COMMITTING TO EXECUTE AND DELIVER TO THE MONTANA MUNICIPALITY INSURANCE AUTHORITY A GENERAL OBLIGATION NOTE EVIDENCING THE MUNICIPALITY'S PROPORTIONATE SHARE OF PRINCIPAL OF AND INTEREST ON THE REFUNDING BONDS AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS. Minutes of the City Council of Laurel Page 3 Council Meeting of October 20, 1992 Motion by Alderman Collins that Resolution No. 2623 be passed and adopted, seconded by Alderman Kellogg. Motion carried 8--0. CHANGE OF COUNCIL MEETING DATE: Due to the State General Election being a holiday on November 3rd, the Council meeting will be changed to Wednesday, November 4th. Motion b~ Alderman Ehrlick to change the Council meeting on November 3rd to Wednesday, November 4th, due to the State General Eiection being a holiday, seconded by Alderman Collins. Motion carried 6--2 with Aldermen Marshall and Kellogg voting, "NO". COMMITTEE REPORTS: --Budget/Finance Committee minutes of October 6~ 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of October 6, 1992, into the Alderman Ehrlick. Motion carried 8--0. the Budget/Finance record, seconded by --Building Committee minutes of October 13, reviewed. 1992 were presented and USE OF OLD LIBRARY BUILDING There was discussion at the committee meeting regarding ADA regulations and how they affect City Hall. The committee is asking the Council for some direction regarding this. Lonnie Kellogg said one alternative is to fix up 'the old library building and make it handicap accessible. This is considered a band-aid approach and the architect has some concerns whether the north wall is very stable. The second approach is to do nothing for the time being, but when we do, we do it right by building a totally new City Hall that meets ADA regulations. It was stated that Jf we do not provide for the handicapped, the ADA can fine the City up to $ 75~000.00 on a first offense. Ron Marshall questioned whether we can support a new City Hall but he is definitely against the band-aid approach. Lonnie explained that the band-aid approach would allow us to meet ADA regulations with not a lot of expense involved. The City Court and Council Chambers would be moved into the building. The architect's plans require that the bathrooms in the hallway of City Hall be remodeled to allow for handicap accessibility and a passage be made into the Clerk's office to allow access to them. Lonnie said he is totally against using these bathrooms because this posses a real security problem in the Clerk's office. Jim said that without a lot of extra dollars~ we may be able to use the existing bathroom in the old building. We would only have to provide one handicap accessible bathroom for both genders. Jim Worthington commented regarding the old building. The architect recommended pouring a cement pad along the complete north side of the building to provide runoff, away from the building and out to the curb. Jim said the heating system is old but it is still being utilized to heat a portion of City Hall. The roof has leaked in the past and it has a bad hole in one place but Jim said there are funds available from the re-roof projects due to the hail damage a year ago. A contract has not been awarded for the old library building or City Hall pending the oatcome of some decisions. It was the consensus of the Council to remodel the old library building and use it for the Council Chambers and the Court. Minutes of the City Council of Laurel Page 4 Council Meeting of October 20, 1992 CITY LOTS IN CHERRY HILLS Jim commented on the lots that the City obtained from Mr. Cantrell when he deannexed approximately three years ago. One of these lots is located on the north side of West Maryland, directly across from the new home being built by Charlie Fisher. Char]ie participated with the City in the cost of extending the water and sewer hookups. The lot is now available for development and Jim recommends the City sell it. It has been appraised at $ 7~000.00. The City obtained 16 other lots from Mr. Cantrell but these lots do not have any improvements to them other than the power and telephone at the back of the lots. Jim suggests, if the Council so desires, that the City ask for bids on this property and sell it as one piece. I't was stated that the undeveloped lots were appraised at $ 5,000.00 apiece. Discussion fo]lowed regarding whether the City would have to go out for bids, what kind of a title we would provide and whether or not we would sell the lots ourselves or pay a realtor to do it. It was the consensus of the Council to sell all the lots. Jim said he feels the City can sell the single ].ct within 48 hours but he agrees that the group of lots should be handled through a realtor. .Toe said the City can advertise that we are accepting bids for the sale of the one improved lot and we can do further research regarding the sale of the others. More discussion followed regarding the way in which the City can sell the single lot. Motion by Alderman Graham to put up for sale the single City lot at a price of $ 15,000.00, seconded by Alderman Orr. defeated 7--1. improved Motion Motion by Alderman Collins to advertise for bids on Lot 12, Block 11, of Cherry Hills Subdivision, 2nd Filing, and the City reserves the right to reject all bids, seconded by Alderman Kellogg. Motion carried 8--0. FIRE DEPARTMENT - TEMPORARY USE OF FRED'S TV BUILDING: The Fire Department has requested temporary use of the formerly occupied by Fred's TV to fix and repair their decorations. building Christmas Motion by Alderman Kellogg to allow the Fire Department temporary use of the building formerly occupied by Fred's TV, to fix and repair Christmas decorations, seconded by Alderman Ehrlick. Motion carried 8--0. Motion by Alderman Kellogg to enter the Building Committee minutes of October 13, 1992, into the record, seconded by Alderman Orr. Motion carried 8--0. --City Council Committee of the Whole minutes of October 6, 1992 were presented. Motion b2~ Alderman Kellog~ to enter the City Council the Whole minutes of October 6, 1992, into the record, Alderman Kellogg. Motion carried 8--0. Committee of seconded by It was stated that alley cleanup was held last week. --Git~-Gount[ Plannin~ Board presented and reviewed. minutes of October 8, 1992 were Motion ~2z Alderman Collins to enter the Board minutes of October 8, ].992, into the Alderwoman Kilpatrick. City-County Planning record, seconded by Minutes of the City Council of Laurel Page 5 Council Meeting of October 20, 1992 There was discussion in the committee meeting regarding the definition of flea markets. Joe and L.D. explained that this came about because a man who is selling frozen fish requested space in the flea market since the State would not allow him to sell within 25 feet of the highway. Joe does not feel that fish fall into the category of flea marl, et which is to "sell articles that either are homemade~ homegrown, handcrafted, old, obsolete, or antique". A public hearing on this issue will be held on November 12th at the City-County Planning Board meeting. GEORGE EOX'S POLE BARN There was discussion regarding the pole barn that George Fox erected on the east side of Milwaukee in Village Subdivision. It was stated that the barn lies outside the city limits but within the one mile jurisdictional boundary. Joe stated that the barn violates our zoning ordinances. GARY'S WRECKER SERVICE Joe stated that Gary's Wrecker Service has not renewed his business license and a letter was sent informing him of this. Joe said if he does not renew his wrecker business license, then his home occupation automatically expires. Cal Cumin said that if he doesn't clean up his act and he renews the license, then the Council should revoke it come the first of the year. If he tries to renew his license, he is in violation of our zoning ordinances because he is storing wrecked vehicles at his residence on Badger Square and he promised he would not, as part of his home occupation. At this time a vote was taken on the motion to enter the minutes. Motion carried 8--0. --~arbage Committee minutes of October 19, ].992 were presented and reviewed. Motion by Alderman Ehrlick to enter the Garbage Committee minutes of October 19, 1992, into the record, seconded by Alderman Collins. Motion carried 8--0. --License Committee minutes of October 19, 1992 were presented and reviewed. Keith Thompson has a city business license to run his clothing store but he objects to having to purchase another license for the bus depot. He looked at all the city business licenses and they either have a business license in general or a speciality license as in Cable Montana or Montana Power. If these businesses have amusement machines~ live music, alcoholic beverages or pawn shops as designated irt Article 5 of the LMC, then they need to purchase an additional license. Keith said many of these businesses have goods, services and a great variety of products and they are buying the required licenses. Keith said he is also doing this but if there is another list of services that require a different license, he feels all the businesses should be shown it. Keith said the City cannot have a situation where you arbitrarily say~ in some non-written down thing that has never been approved by the City Council, that certain individuals for certain businesses have to have two business licenses in general. If there is a list that applies to everyone, then we'll all abide by it but if there is ne such written list, it shouldn't be left up to an opinion here and there that an individual, might have. Keith said he has kept the City informed of any changes that have taken place :in his business over the years and not once has anyone ever mentioned that he needs another license. After looking at the list of other businesses in Laurel~ Keith feels he fits into the same category as the others and he should not be required to purchase another license. Minutes of the City Council of Laurel Page 6 Council Meeting of October 20, 1992 Joe said that what Keith is asking is that the City go back to our old ordinance scheme where we attempted to list every single kind of business that we could ever think of. We modernized and remodeled this list and the City does not have a business license Jn genera[[. Joe said we DO NOT have a business ]icense in general. We have general ordinances that apply to businesses in general but when you apply for a business license you write down what business you are applying for. You specify the type and it is that which is approved by the Council. The statues say that "separate businesses require separate licenses". We do have a bunch of ordinances that apply generally across the board as far as how we regulate businesses and business licenses. Bat~ we do not have anything called a general business license. The former City Treasurer thought we had a general license and she told people 'that. Joe said that was not true but she had seniority over him. Joe said we just passed new business license ordinances, giving the Treasurer the right to decide on business licenses without bothering the Council each time. If she has a question about a license, the Council can advise her as far as what to do. In the case of Keith Thompson, Joe saJd what can be anymore different than selling clothes and Watkins products or selling bus tickets. With one, you're selling goods and with the other, you're selling a service. Joe said there cannot be anything more distinct and they obviously require separate business licenses. Joe said that in the past, Keith and his wife have had three different licenses and now your saying that everything should be under one license? That just doesn't wash. More discussion regarding examples of different businesses in town that do have more than one license for different businesses under one roof. Joe also explained types of businesses that. that State gover'ns and we~ as a City, cannot l~cense them. The differences between Ke'ith~ as all independent contractor with the bus lines~ and the terminals Jn Bi]lings where the bus company actuall'y owns them were also explained. Motion by Alderman Graham to accept the commfittee's recommendation and require Keith Thompson to purchase two separate business licenses, seconded by Alderman Orr. Motion carried 6--2 with Alderman Ehrlick and Alderwoman Kilpatr~ck voting, "NO". L.D. commented that according to our codes~ every year when a business conies in to renew their ]icense~ they should be required to fill out a new application form, just as if they were applying the first time. Vicki stated that she sent out forms to everyone last year but the response in turning them back in was not good. Motion by Alderman Graham to enter the License ~ ' - = of October 19, ]992, into the record, seconded by Alderman Orr. Motion carried 8--0. --Safety Committee minutes of September 24, 1992 were presented and reviewed. Motion by Alderman Kellogg to enter the Safety Committee of September 24, 1992~ into the record, seconded by Alderman Motion carried 8--0. minutes Collins. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: The Mayor stated that Dave Slaymaker's probationary period was tip on October 15, 1992 and he appointed him as Police Captain. Ia a letter to the Mayor, the Police Chief highly recommended him. Motion by Alderman Marshall to confirm the Mayor's appointment of Dave Slaymaker as Police Captain~ seconded by Alderman Kellogg Motion carried 8--0. Minutes of the City Council of Laurel Page 7 Council Meeting of October 20, 1992 MAYOR'S COMMENTS: Chuck stated that we are working on the transfer site and getting it prepared for winter. The concrete work on the drying beds at the Sewer Plant has been finished but the blacktop will have to wait until next spring. This will give us two beds now and hopefully we can get the other two walls poured next year. Chuck stated that the City and the Union went to arbitration last Monday and we should know the results in a month to six weeks. There being no further business to come before the Council at this time, the meeting was adjourned at 8:22 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel Montana, this 4th day of November, 1992. Charles Rodgers, M~vor ATTEST Donald L. Hackmann, City Clerk