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HomeMy WebLinkAboutCity Council Minutes 11.04.1992Minutes of the City Council of Laurel November 4, 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 November 4, 1992. COUNCIL MEMBERS PRESENT: Gay Easton Albert Ehrlick L.D. Collins Donna Kilpatrick Lonnie Kellogg Bob Graham gon Marshall COUNCIL MEMBERS ABSENT: Norman Orr INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of October 20, 1992, as presented, seconded by Alderman Collins. Motion carried 7--0. CORRESPONDENCE: Received a copy of the city code from Billings and Columbus regarding the sale of tobacco products to minors. Received a letter from Double-Tree, Inc. regarding the CDBG grant application for Big Sky Woodcrafters. Received a letter from the Department of Commerce regarding Big Sky Woodcrafters CDBG application. Received a letter from the Department of Health and Environmental Sciences, Solid and Hazardous Waste bureau, Solid Waste Program, regarding requirements for approval of the Workplan for the Laurel Class II Landfill~ Yellowstone County~ License No. 203. Jim Worthington stated the Workplan was approve the plan. The test wells have analyzed now. submitted and the state did been drilled and are being Received a letter from the city of Billings regarding a Certified Local Government Program presentation on Monday, November 9, 1992. Received a letter from Beartooth RC&D regarding the expansion of the RC&D area to include Yellowstone County. Received a letter from the Yellowstone Conservation District administrator, regarding the city having representation on the board. Received a memo from MMIA regarding a vacancy on the Board of Directors. CLAIMS Claims for the month of October were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve amount of $ 257,882.03 for the month of October, Alderman Collins. Motion carried 7--0. all claims in the 1992, seconded by CHRISTMAS TO REMEMBER COMMITTEE: Jean Carroll Thompson, representing Christmas to Remember~ requested permission to hold a parade and fireworks again this year. The parade will follow the same route it has in past years. It will start by the Credit bnion and proceed south on First Avenue to Main Street. Following tile parade, the Fire Department will set off fireworks in Firemen's Park. This event will be held on Sunday, December 6th and barricades would need to be set up around 4:45 p.m. Jean Carroll said the committee has insurance to fully cover this event. Minutes of the City Council of Laurel Page 2 Council Meeting of November 4, 1992 Motion by Alderman Marshall to grant the Christmas to Remember Committee permission to hold their parade and fireworks on Sunday~ December 6th, seconded by Alderman Graham. Motion carried 7--0. A~ARD COHPUTER BID: The compnter bids were opened at the Budget/Finance Committee meeting on October 27, 1992. Two bids were received and the council was asked to review the minutes. Motion by Alderwoman Kilpatrick to award the computer bid to Applied Business Systems~ Inc. in the amount of $ 28,995.00, seconded by Alderman Marshall. Don Hackmann, City Clerk, stated that the system we are currently using works fine but the maintenance cost is prohibitive. It is costing the city around $ 7,000.00 annually to maintain the system and we can pay for a new system in about four years at that rate. Don said that if we keep the old printer, Jt would cost $ 2,000.00 to convert it to the new system so we went ahead and bid a new printer that is much faster. In regard to a question about maintenance costs~ Don stated there is a two year on-site warranty on the NCR hardware and a one year factory warranty on the other hardware, so there will be no maintenance costs for two years on the computer. Don said that with this computer~ we are getting a new payroll program. The one we are currently using works fine but we are the only user of the program so when there are changes, such as IRS changes in the W-2 forms, we have to pay the full cost of the program change and this is expensive. With the new system, there are many users and any cost incurred for program changes will be divided among all the users. At this time a vote was taken on the motion. Motion carried 7--0. CHANGE THE TWO-HOUR PARKING DISTRICT: ORDINANCE NO. 1046-A (first reading) AMENDING SECTION 10.52.040 OF THE LAUREL MUNICIPAL CODE, TO CHANGE THE TWO-HOUR PARKING DISTRICT Motion by Alderman Kellogg that Ordinance No. 1046-A (first reading) be passed and adopted~ seconded by Alderman Graham. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 7--0. SALE OF TOBACCO PRODUCTS TO MINORS: L.D. Collins said he has received several ca]is from parents inquiring whether the city has an ordinance against selling tobacco products to minors. After checking into this, L.D. found that Laurel does not have one. The federal and state governments have no regulations regarding this and they leave it up to each city to set and enforce policy. L.D. said he is in favor of such an ordinance. He realizes that this will not eliminate minors from smoking but he does feel this will make it much harder for 12 and 13 year old children to get their hands on it. L.D. checked into this and found Billings has very detailed ordinances prohibiting the sale to minors. Columbus also has an ordinance and copies of both are in the correspondence. Bob Graham said we have laws against drinkin~ and other such things and although it does not stop it, he feels it does curtail the problem somewhat. These laws are for our children's benefit and protection and he feels we need to look into this matter. Minutes of the City Council of Laurel Page 3 Council Meeting of November 4, 1992 Bon biarshall stated that the schools have programs that campaign against the use of tobacco and he feels that we would be lending our support to their effort by passing this. Donna said she has also received inquires from mothers and she would be in favor of such an ordinance. Discussion followed regarding whether we would go for a simple version of an ordinance like Columbus or a more complex one like Billings. Joe Bradley said the Billings ordinance governs such things as placement of tobacco vending machines and it requires owners to post a notice that it is illegal to sell to minors. Unlike the liquor laws, the employee selling to a minor wonld be held liable, not the owner of the premise. It also prohibits tobacco product samplin~ in any public park, street or sidewalk. The Mayor suggested that the Police Committee review the two different ordinances and draft one for Laurel. Motion by Alderman Collins to refer this to the Police Committee for their review and that they work with Joe to draft an ordinance, seconded by Alderman Graham. Motion cart:led 7--0. COMMITTEE REPORTS: --Ambulance Committee minutes of October 26, 1992 were presented and reviewed. Gay Easton noted a correction in the time and location of the Ambulance Committee meeting. Motion by Alderman Easton to enter the minutes of October 26, 1992, into the record~ Collins. Motion carried 7--0. Ambulance seconded by Committee Alderman --Ambulance Committee minutes of November 2, 1992 were presented and reviewed. Motion by Alderman Easton to approval of the Budget/Finance Kilpatrick. advertise for a new ambulance with Committee, seconded by Alderwoman Don Backmann stated that the purchase of a new ambulance was discussed at the Budget/Finance Committee meeting which was held at 4:~0 p.m. and they concur with the committee's recommendation. It is Don's understanding that the specifications for a new ambulance are almost complete. Don stated that the committee's feeling on this is that if the city does not get the UPS grant, we will borrow the difference between the cash we have on hand at the time of delivery and the cost of the ambulance. If everything goes as planned, the anticipated delivery will be April of next year. A vote was taken on the motion. Motion carried ?--0. Motion by Alderman Easton to enter the minutes of November 2, 1992, into the record, Collins. Motion carried 7--0. Ambulance seconded by Committee Alderman --Budget/Finance Committee minutes of October 20, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of October 20, 1992, Alderman Marshall. Motion carried 7--0. to enter the Budget/Finance into the record, seconded by --Budget/Finance Committee minutes of October 27, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of October 27, 1992, Alderman Kellogg. Motion carried 7--0. to enter the Budget/Finance into the record, seconded by Minutes of the City Council of Laurel Page 4 Council Meeting of November 4, 1992 --City Council Committee of the Whole minutes of October 20, 1992 were presen'ted. Motion by Alderman Graham to enter the City Council Committee of the Whole minutes of October 20, 1992~ into the record~ seconded by Alderman Collins. Motion carried 7--0. --Garbage Committee minutes of October 27~ 1992 were presented and reviewed. At the committee meeting, BFI made a presentation on their proposal to collect Laurel~s garbage. Bob Graham said each council member was given a copy of the proposal prior to the council meeting and he asks that everyone read and consider this proposal over 'the next few days. The Garbage Committee will meet on Monday, November 9th at 5:30 p.m. in the council chambers to discuss this and make a recommendation that will be brought to the next council meeting. Motion by Alderman Graham that the Garbage Committee discuss BFI's proposal and make a recommendation to the council at the next council meeting, seconded by Alderman Easton. Motion carried 7--0. Motion by Alderman Graham to enter the Garbage Committee of October 27, 1992~ into the record~ seconded by Alderman Motion carried 7--0. minutes Collins. --License Committee minutes of October 28, 1992 were presented and reviewed. Motion by Alderman Graham to enter the License Committee minutes of October 28~ 1992, into the record, seconded by Alderman Kellogg. Keith Thompson distribnted a handout to the council members. The first page of the handout is addressed 'to the members. When KeJth was in city hall discussing his situation~ he said it was suggested to him to contact, other business owners if he felt the license ordinances were not justifiable. Keith did this and he listed their general comments J.n this letter along with comments frem he received from three unnamed lawyers. The second page of the handout is a letter Keith took around t.o the licensed businesses in Laurel, expressing his opinion of Lanrel's licensing ordinances and asking them to take action against the city regarding the licensing procedure. Keith read from his letter the comments made by various unnamed businesses and said he received a couple stronger comments that he did not include in this letter. He also received a couple comments from ~ndividuals who stated they would have to "see what it is all about". Keith said, "If you have any doubt that this is the way the people that you represent really feel~ go ask them as their representative~ not as a threatening city official. Ask them Jf they think they would mind if someone from the city had decided that they need an additional license and also decided that their garbage costs would be doubled." In regard to the lawyers that Keith contacted, he said two were casual opinions and 'the third was a much more official opinion. Keith said, "They all came up with the same basic idea. The ordinance which is being used is classified as arbitrary and capricious, It is to vague and that to be a valid law, the meaning of different trades, occupations, businesses~ pursuits, vocations, or entertainments must be more clearly defined. In other words, a list by which it can be determined that the activities are different is needed. The opinion of an individual is not adequate." Keith went on to say, "Please remember that these legitimate businesses are not your enemies, they are your constituents. I suggest that you quit charging those businesses who have suffered from this rule, better yet~ give your business friends back the extra money they have paid for the licenses and garbage fees that they have been unjustly charged." Minutes of the City Council of Laurel Page 5 Council Meeting of November 4, 1992 Keith said this could become a real hardened position but he doesn't fee] the businesses are trying to dodge out of anything. They are really upset by the thought that someone could come in and decide that they need additional licenses. Keith said, "Along with additional, licenses, we've discovered they will get additional garbage fees, not just licenses." Keith asked the council to really consider what the last portion of the ordinance does. The part through different classifications is the way the city has primarily been operating for years. Jean Carroll stated she attended the License Committee meeting on October 28th and said everyone is aware of how their situation came about when the city tried to issue delivery permits to the bus company. Jean Carroll stated, "I attended this meeting and at this meeting I was told that it didn't take very much intelligence to figure out this law. I am sorry I do not have a law degree. I only went to college and have a major. My tools are the dictionary, your city ordinances, a telephone book and my bus manual." Jean Carroll also objected to comments regarding her license application that were printed in the Laurel Outlook. Jean Carroll went on to say', "In your city ordinances, it, is the job of the clerk to make sure these things are kept up to date. We have come and we have told you that we are the Greyhound Bus station. We did this back Jn 1987, we did this in 1988~ in March, 1989~ 1990~ 1991 and 1992." Jean Carroll said if their license has not been updated, she doesn't know why. She spoke to the treasurer on October 28th in order to try and reach a compromise that both she and Keith and the treasurer can live with. Later that day she attended the License Committee and was told she must list everything that she has to sell. Jean Carroll said, "She feels the city is infringing on her right to free enterprise. There is not another business ia town that has to write what they do. Not a one of them." Jean Carroll said, "I have trimmed up this license. I have no intention of changing it whatsoever. We will update it, if it will make you happy and say we are the Laurel Bus Depot. We are going to cater to people who are travelers and that is all the people who are in Laurel~ too. Even the ones who travel right by our businesses, right into Billings and I will put into my store what I think is pertinent, to my business." Jean Carroll said that if the council doesn't intend to grant them this license, she wants them to show her~ according to our ordinances, that her business is detrimental to the people of Laurel. All they are asking is that they be able to do business in Laurel. They bare built up a good bus business and they cater to the people of Laurel, as is evidenced by the fact that they are open all hours of the night. Jean Carroll said she put on her application what she intends to do. If the council cannot approve it, she wants them to prove that she is somehow corrupting the morals or general welfare of this town. She said she has attended many a council meeting and heard Joe Bradley say that you cannot deny me this license. So if you're going to deny it, you're going to have to give me a real good reason. I have no intention of changing what we have there. Jean Carroll said she is an independent broker'. She has talked to the Department of Transportation and the ICC and they do not know where the wording came from. She said they are contracted by Greyhound to be an agent and they represent Greyhound so they can do interstate commerce in this particular town. Page 6 Council Meeting of November 4, 1992 Minutes of the City Council of Laurel Jean Carroll said, "I have no intentions of taking 30 (days and if you want to come and arrest, me, come right ahead." Bob Graham went on record as saying that the License Committee did not deny them the right to buy a license. We simply told them they had to have a license according to our city codes for the type of businesses they are doing. As the minutes stated, selling a product is selling a good. Selling such things as a bus ticket or electricity or phone communication is a service. Bob said ii; was the definition and opinion of the committee and our legal advisor that these are two different things and require two separate licenses. Bob said the council passes ordinances which are the laws of this city and the committee and Treasurer are bound to uphold these laws. They had no other recourse. It is the right of the council to amend the laws but as it stands, there was no other choice. Keith said he 'talked to three lawyers and in his opinion, the city is not upholding the law. He said the council would be well advised to find out if we really have a law here that we are using. There is no ordinance that says anything about goods as one thing and services as another. In response to another statement~ Bob said the city has it's legal counsel and Keith had his. If they are opposing each other in the interpretation of the law, it then becomes a case for the court to decide. Keith stated, "In behalf of resolving a situation that's going to come into real hard feelings between a huge proportion of your business community and the people on the city conncil, let's say that we have some sort of friendly lawsuit that we put into the court to determine if somebody can walk up, using this ordinance~ can walk into a business and dec~de on their own, without a list, whether or not this thing requires additional licenses." Joe Bradley responded by' saying there is no one person in the city who decides this on their own. If the treasurer says you need a license and you don't like it~ you can take it to the committee. If the committee agrees with the treasurer and you don~t like it~ it goes to the council. Ultimately~ it is these eight people who make up the coancil that decide it. There is no one person who does it. You have the right to appeal it right up to the council. If the council decides you need the license, which one are you going to point at? It is this legislative body that makes the decision. Keith said that originally it was decided by one person. Joe said Keith then had the option to appeal it to the committee, which he did. The committee decided and now Keith is appealing it to the council and the council will make the decision. So it all falls on the shoulders of these eight people and that's the final decision. Keith said, "It's not the final decision, as Bob said. The final decision wonld have to come down to a court case. From what I have talked to the business people, they have said basical].y~ ~if anybody comes into my business and tries to tell me what I'm going to sell or not going to sell, if anyone comes :in here and 'tells me I~m going to need more licenses,' that isn't going to happen." Keith is asking that this issue be taken to a "friendly" court to see if this ordinance has any validity. Bob said the committee told Jean Carroll she could resolve this issue by getting rid of the clothing items from her store, which she said she wanted to do and then she would only need one license. But~ she has refused to do it. Joe said it is important to distinguish that no one on the committee told them what they call or cannot sell. They can sell anything tbey want but if they choose to se]l both, then they need two licenses. A lady in the audience inquired how many different licenses a business such as a hardware store would need. Chuck explained that if they sell hunting goods and issue hunting licenses, they are related items. Minutes of the City Council of Laurel Page 7 Council Meeting of November 4~ 1992 The licenses have multiple uses but it is when you break that relationship, that you need additional licenses. Darrell McGillen is a business person and for the information of those present, he gave a description of his business. He pays $ 50.00 for a business licenses for his bowling alley, $ 416.00 for bis beer, wine and liquor ]J. cense for the bar and be has now elected to have gambling in bis establishment and the State of Montana charges him $ 4,000.00 for gaming fees, He elected to sell cigarettes and has to buy a license to sell these. He offers pharmaceutical goods to his patrons and he has to purchase a license to give and sell pharmaceutical items. He has a federal tax stamp from the Federal Tobacco Institute and this costs him $ 250.00. He also has to have a food stamp license because he sells pizza. Darrell said the federal, state and city governments have told him he needs all. these l~censes to run bis business as be does. Each one is separate from tbe other and he has no problem with purchasing these licenses. If he chooses not to have something, he can save himself some of these fees, but he has elected to have these different things and is willing to pay the fees to do so. Darrell addressed Mr. Thompson and said not all business people in town are against the system as Keith stated. Darrell said he feels fortunate to be able to do business in Laurel at a cheap price. Keith said all classifications of these others these things that Darrell listed are designated as of business on the front of our licenses. Where some object is where things are not listed separately. A point of order was called for. L.D. stated that he and his wife purchase three licenses for the City of Laurel. He went to the feed and grain elevators and found that they have between six and ten different licenses to run their businesses. They are not complaining, they just pay them. Most of these licenses are required by the state and each one is for something different. More discussion and in sum]nary, Joe said the council, can certainly adopt the Thompson's suggestion to list every business. Joe said he would like some direction. The way to get th~s settled is to site them for doing business without a license and then this would come before the court and the judge would decide if our license ardinances are enforceable or not. If they are not enforceable, we would have to rewrite them and list them and they would, at that time~ have to buy a license because 'they are not grandfathered in. At this time a vote was taken on the motion to enter the License Committee minutes into the record. Motion carried 7--0. Motion by Alderman Graham to accept the License Committee's recommendation that the Thompson's be required to purchase two separate licenses, one for the bus depot and one for the clothing store, seconded by Alderman Kellogg. Motion carried 5--2 with Alderman Ehrlick and Alderwoman Kilpatrick voting, "NO". In response to a question by Donna, Bob said the city is not going to go out looking for violators as such, just as the Police Department doesn't take every ordiaance and look for violators of them. We will not go on a witch hunt but as things are brought to our attention or complaints are made~ we will handle them on a case by case basis. --Parks Committee minutes of October 22, 1992 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of October 22, 1992, into the record, seconded by Kellogg. Committee Alderman Mr Figgins reported to the committee that he has received permission to hunt on private property by Groshelle pond that the city owns. It was stated that our property is posted for no duck or goose bunting and he should not be on our property to retrieve any birds. There were concerns regarding the traffic on the highways and residents that Minutes of the City Council of Laurel Page 8 Council Meeting of November 4~ 1992 live in the area. It was stated that we have no control over whether he hunts on private property. All we can do is make sure our property is posted. A vote was taken on the motion. Motion oarried 7--0. --Safety Committee minutes of October 15, reviewed. 1992 were presented and Motion bY Alderman Kellogg to enter 'the Safety Committee of October 15, 1992, into the record, seconded by Alderman Motion carried 7--0. minutes Ehrlick. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: The Mayor appointed John Rosenberg as Police Sergeant. His one year probationary period will be up on November 7, 1992. Motion by Alderman Collins Rosenberg as Police Sergeant, Motion carried 7--0. to confirm the appointment of John seconded by Alderwoman Kilpatrick. The Mayor appointed Mary Ann Rangitsch as a police officer. Her one year probationary period is up on November 12, 1992. Motion by Alderman Marshall to confirm the Mayor's appointment of Mary Ann Rangitsch as a police officer, seconded by Alderman Kellogg. Motion carried 7--0. MAYOR'S COMMENTS: The Mayor stated that we need someone to serve on the board for the Conservation District so if you know of someone who would be interested, let him know. Donna Kilpatrick requested perraission to leave the state from November 6th - 21st. Motion by Alderman Kellogg to grant Donna Kilpatrick permission to leave the state, seconded by Alderman Graham. Motion carried 7--0. Darrell McGillen stated that Brad Wilder has retired Department with 20 years of service~ effective October was stated that he will be presented with a certificate for his years of service. from the Fire 21, 1992. It from the city Chuck said he thinks Mike Penne will be retiring from the Police Reserve with 20 years service in December and this is a first for the There being no further business to come before the council at this the meeting was adjourned at 8:18 p.m. Donald L. Hackmann~ City Clerk Approved by the Laurel, Montana, Mayor and passed by the City Council of the City of this 17th day of November, 1992. Donald L. Hackmann, City Clerk