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HomeMy WebLinkAboutCity Council Minutes 08.20.1991Minutes of the City Council of Laurel August 20, 1991 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 Bob Gauthier at 7:00 p.m., on August 20, 1991. COUNCIL MEMBERS PRESENT: Norman Orr Donna Kilpatrick L.D. Collins Chuck Rodgers COUNCIL MEMBERS ABSENT: None Lonnie Kellogg Bob Graham Ron Marshall Bruce Teeters INVOCATION: Invocation was given by Reverend Holt. MINUTES: Motion by Alderman Rodgers to approve the minutes of the regular meeting of August 6, 1991, as presented, seconded by Alderman Graham. Motion carried 8--0. Motion by Alderman Orr to approve the minutes of the special Council meeting of August 7, 1991, as presented, seconded by Alderman Collins. Motion carried 8--0. Motion by Alderman Collins to approve the minutes of the special Council meeting of August 12, 1991, as presented, seconded by Alderman Marshall. Motion carried 8--0. CORRESPONDENCE: Received a thank you note from Dave Powers for the flowers sent for Clara Powers' funeral. Received the August minutes and activity report from the Air Pollution Control Board. Received the August newsletter from the Montana Municipal Insurance Authority. Received a letter from Jim Kraft acknowledging receipt of Cenex's letter committing themselves to $ 25,000 to Yellowstone County for the Community Awareness & Emergency Response Master Plan. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of July, 1991, were presented. Motion by Alderwoman Kilpatrick to approve the City Clerk's and City Treasurer's financial statements for the month of July, 1991, seconded by Alderman Collins. Motion carried 8--0. HERBSTFEST COMMITTEE - PARADE ROUTE & GARBAGE COLLECTION: Kerwin Kostelecky, on behalf of the Herbstfest Committee, requested permission to hold a parade on the morning of September 27th. The route will be the same as in past years and the parade will begin at 10:00 a.m. Secondly, they would like 10 extra garbage containers to be placed behind the High School beginning Friday, September 27th through Sunday the 29th. They are requesting an additional garbage pickup on Sunday morning. The final request is for the closure of East Eight Street from First Avenue to the alley east of the High School from Friday at 4:00 p.m. until Sunday evening at 10:00 p.m. Motion by Alderman Collins to grant the Herbstfest Committee's requests, seconded by Alderman Graham. Motion carried 8--0. KIM BURKE - WATER PROBLEM: Klm Burke, 921 Casa Linda Circle, came before the Council regarding a water problem at her residence. Klm stated that when it rains, all the water collected from the Cherry Hills Subdivision area drains to East Maryland and down the west side of 8th Avenue. The curb is not deep enough to contain the water until it reaches the storm drain on Page 2 Council Minutes of the City Council of Laurel Meeting of August 20, 1991 Klm stated Jim Worthington is aware of the problem and she feels the Council needs to be aware of it also. Something needs to be done to correct the problem of an inadequately designed system. Discussion followed and this item was referred to the Street and Alley Committee for a recommendation. RESOLUTION - PURCHASE OF REAL PROPERTY: RESOLUTION NO. 2560 A RESOLUTION APPROVING AN OFFER TO PURCHASE REAL PROPERTY Motion by Alderman Rodgers that Resolution No. 2560 be passed and adopted, seconded by Alderman Kellogg. Joe Bradley explained that the resolution is for the purchase of the Williams property. It would cost the city $ 40,000, payable to Olivia Bridges. She wants a net amount of $ 40,000 so the city would have to purchase its own title insurance policy, which has already been ordered, and be responsible for the taxes owing on the property. Bob Graham spoke in opposition to the purchase of the property. He feels there are things that the city needs and there are things that the city wants. This is classified as a want at this time and he feels we should get our priorities in order. He said we do need a new ambulance, possibly a new police car and we need to hire more help. More discussion followed regarding this property. It was stated that if this property is purchased, it would be used for whatever the city deems necessary in the future. The property is ideally located in regard to other city property and if the purchase is denied now, how much more will it cost the city to purchase it in the future, if it is even available? Another point that was brought up was in reference to the old buildings that now sit on the property. It was stated there would be quite an expense to the city to tear these buildings down. Joe said that when the appraisal was made of the property, the appraiser got two bids for tearing down the buildings. One bid was for $ 13,000 and the other one was for $ 7,500, so this is something to consider. The Mayor stated that no one has spent more time studying the economics of the city than he has. It has been extremely frustrating for him to try and figure out how to finance the operations of the City. The capital expenditures can be budgeted for but the problem lies in the operations. Restrictions have been placed on cities by the State in regard to restructuring of city government and how it is financed. Bob said that unless changes are made by the legislature, the problems will remain. With these restrictions in place, the city is not able to do any long term planning. Bob feels the city needs to look at the long term future of the city but this is something that is very difficult to forecast. The last 10 years have not gone as planned. The population was forecast at over 10,000 people but in reality it is only 200 above what it was 10 years ago. If this land was purchased today, Bob feels it may not be used for 10 or 15 years so would it still be a good investment? Since the money is in the budget, he feels this would be a good investment that would benefit the city in the future. At this time a vote was taken on the motion. Motion carried 7--1 with Alderman Graham voting, "NO." REMOVAL OF ANIMAL EXCRETA FROM PUBLIC PROPERTY: ORDINANCE NO. 985 (second reading) ADDING SECTION 6.04.040 TO THE LAUREL MUNICIPAL CODE, REQUIRING OWNERS OR CUSTODIANS OF EVERY ANIMAL TO RETRIEVE AND REMOVE EXCRETA FROM PUBLIC PROPERTY This being the second reading, a public hearing was held. PROPONENTS Minutes of the City Council of Laurel Page 3 ~ Council Meeting of August 20, 1991 having dog droppings in the parks for children to get on their hands and feet or the members when they work in the parks. She said the club spends a lot of time and money in the park and if people want to take their dogs in the park they should clean up after them. Barb Grosskop stated that she has three dogs and she always cleans up after them when she walks them. She takes along a baggie and it only takes about 30 seconds to clean up and there are dumpsters in every alley. Barb said there is an anti-dog sentiment going across the country and insurance companies have even cancelled insurance policies if you own certain breeds of dogs. With this feeling going around, she feels the least dog owners can do is be responsible for cleaning up after their pets. Barb stated she would also like to see a stronger leash law because dogs have come after her in her own yard. Motion by Alderman Kellogg to close the public hearing, seconded by Alderman Orr. Motion carried 8--0. Discussion followed and it was clarified for a member of the audience that the ordinance states "every animal" and for "public property." Members of the audience felt the resolution is too broad using the term every animal and they felt dogs only would be more appropriate. More discussion regarding horses and the mess they make but it clarified that when horses are in parades, arrangements are made the street sweeper to clean up after them. was for Motion by Alderman Orr that Ordinance No. 985 (second reading) be passed and adopted, seconded by Alderman Kellogg. Motion by Alderman Graham to amend Ordinance No. 985 to say dog waste. Motion dies for lack of a second. A roll call vote was taken on the motion. Aldermen Teeters, Collins and Graham voted, "NO." Alderwoman Kilpatrick and Aldermen Rodgers, Kellogg, Orr and Marshall all voted, "YES." Motion carried 5--3. REQUIRING ALL CONTRACTORS TO BE BONDED: ORDINANCE NO. 986 (second reading) ADDING SECTION 5.09.010 TO THE LAUREL MUNICIPAL CODE REQUIRING ALL CONTRACTORS TO BE BONDED Joe Bradley stated that item number 2 in the ordinance regarding roofers is not applicable and should be deleted before the motion is made and the public hearing is held. This being the second reading, a public hearing was held. OPPONENTS Chuck Rodgers feels we are going to cause a lot of problems for the small contractors who will have to carry a bond on every little job they do such as replacing a sidewalk, a driveway, putting on siding, etc. The cost of these bonds will be passed back to the homeowner. PROPONENTS L.D. Collins spoke in favor of this ordinance. He feels this will protect our homeowners in the case where they have put money down on a job and the contractor skips town before finishing a job. The city issues a license to these contractors and he feels we have a responsibility to make sure they do a fair ~nd decent job for the people who hire them. Bob Graham feels that when a person calls regarding the reputation of a contractor, we could at least tell them that they are bonded. Questions were raised regarding whether a bond is required for each job or one for the whole year, how much would a bond cost the contractor, and would it be economically feasible for the small contractor. Joe Bradley stated the reason that the issue of bonding was brought up was due in part to all of the out of state roofers that have come into town to fix roofs. The roofing business is one that a person can get into with little investment and little or no experience. It is to control these people that the ordinance was written but how high are Minutes of the City Council of Laurel Page 4 Council Meeting of August 20, 1991 Motion by Alderman Orr to close the public hearing, seconded by Alderman Graham. Motion carried 8--0. Motion by Alderman Collins that Ordinance No. 986 (second reading) be passed and adopted, seconded by Alderman Graham. Motion by Alderman Kellogg to amend Ordinance No. 986 by deleting the words "or roofing" in item number 2, seconded by Alderman Graham. Motion carried 7--1 with Alderman Rodgers voting, "NO." A roll call vote was taken on the original motion. Aldermen Teeters, Rodgers~ Orr and Marshall voted, "NO." Alderwoman Kilpatrick and Aldermen Collins, Kellogg and Graham voted, "YES." The Mayor broke the tie with a "NO" vote. Motion defeated 5--4. H & R BLOCK - HANDICAP ACCESS RAMP & STEP: A portion of the Street and Alley Committee minutes were reviewed at this time. H & R Block requested permission to construct a combination step and handicap access ramp into their building at the corner of Main Street and Third Avenue. The Street and Alley Committee denied this request because it would be built on public right-of-way. L.D. Collins explained the drawing attached to the minutes and stated that this would be the only building sticking out along Main Street. There is a parking lot north of the building and a handicap ramp could be constructed from this point into the rear office of the building. L.D. Collins said that in the past churches and a retirement home have made this same request and they have been turned down. It was stated that the ramp would be made of concrete so a permanent structure. The width of the sidewalk is 12' would take off four feet. it would be 8" and this JoAnn Colburn, owner of H & R Block, stated that she does own the parking lot in the back but during her busiest time of the year, which is January and February, there is a lot of snow and ice to contend with. She feels this would be a constant battle to keep the ramp free of snow and ice in the back. The front step is in a higher traffic area and she feels the ramp would be more visible and safer than the steps that are currently in place. JoAnn said 25% of her clientele consists of disabled, elderly or handicapped people in the Laurel area. This would totally hinder a business she established and has run for 22 years. Motion by Alderman Marshall to draw up a resolution approving an agreement with H & R Block for a combination step and handicap access ramp into their building, seconded by Alderman Graham. Joe Bradley suggested that rather than draw up this specific ordinance, he could draw up a public right-of-way encroachment ordinance. JoAnn would then have to apply for this, submit a detailed plan, pay a fee, and it would be reviewed by the Engineer who would apply the specific restrictions on it. The Council would then vote on it. Ron Marshall withdrew his motion and Bob Graham withdrew his second. Motion by Alderman Graham to direct the City Attorney to draw up a public right-of-way encroachment ordinance, seconded by Alderman Collins. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of August 6, and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of August 6,1991, into the Alderman Rodgers. Motion carried 8--0. 1991 were presented the Budget/Finance record, seconded by --City Council Committee of the Whole minutes of August 6, 1991 were presented. Minutes of the City Council of Laurel Page 5 Council Meeting of August 20, 1991 --City-County Planning Board minutes of August 8, 1991 were presented and reviewed. Motion by Alderman Orr to enter minutes of August 8, 1991, into the Kellogg. Motion carried 8--0. the City-County Planning Board record, seconded by Alderman --Laurel Airport Authority minutes of June 25, 1991 were presented. Motion by Alderman Kellogg to enter the Laurel Airport minutes of June 25, 1991, into the record, seconded by Graham. Motion carried 8--0. Authority Alderman --Laurel Airport Authority minutes of July 23, 1991 were presented. Motion by Alderman Orr to enter the Laurel Airport minutes of July 23, 1991, into the record, seconded by Collins. Motion carried 8--0. Authority Alderman --Parks Committee minutes of August 8, 1991 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of August 8, 1991, into the record, seconded by Alderman Orr. Motion carried 8--0. Motion by Alderwoman Kilpatrick to close the year on Sunday, August 25th at 8:00 p.m., Orr. Motion carried 8--0. the swimming pool for seconded by Alderman Motion by Alderman Orr to accept the committee's recommendation to install a flag pole by the shelter in Thomson Park, seconded by Alderman Graham. Motion carried 8--0. Donna Kilpatrick commended the pool staff for a good year. fewer problems this year than in years past. There were --Public Utilities Committee minutes of August 12, 1991 were presented and reviewed. Jack Roma is building a new house on Hi-Line Circle which is situated below the city reservoir. A city water line runs through his property from a prior easement and he is requesting permission to hook up to the water line. Mr. Roma would be willing to sign a waiver of annexation. Motion by Alderman Graham to allow Jack Roma to hook up to the city water line, subject to all requirements, seconded by Alderman Orr. Motion carried 7--1 with Alderman Kellogg voting,~ "NO.'' Motion by Alderman Collins to charge off the uncollectible water charges in the amount of $ 500.27, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Collins to enter the Public Utilities Committee minutes of August 12, 1991, into the record, seconded by Alderman Marshall. Motion carried 8--0. --Street & Alley Committee minutes of August 15, 1991 were presented and reviewed. At the committee meeting, Herman Sorg voiced complaints against Thomae Lumber and Modern Auto Body Shop. Mike Penne attended the Council meeting and stated Mr. Sorg has been complaining about the ~paint smell and the garbage at his business. Mike said his body shop is located in a commercial zone and the paint system he uses is legal. Occasionally there is some cardboard that blows around but that is due to mother nature at work. He feels his business is cleaner now than in past years. Mike claims Mr. Sorg's solution to the problem is for Mike Co buy his property but he feels complaints should have been made at the time the property was originally zoned commercial. Discussion followed regarding the garbage problem in the area and this was referred to the Garbage Committee.. More discussion concerning the large trucks that unload at Thomae Lumber and the effect it is havin~ Minutes of the City Council of Laurel Page 6 Council Meeting of August 20, 1991 Motion by Alderman Collins to enter the Street and Alley Committee minutes of August 15, 1991, into the record, seconded by Alderman Kellogg. Motion carried 8--0. --Police Committee minutes of August 19, 1991 were presented and reviewed. Motion by Alderman Marshal] to enter the Police Committee minutes of August 19, 1991, into the record, seconded by Alderman Collins. Motion carried 8--0. MAYOR'S COMMENTS: The Mayor received a recommendation from the Police Commission for the appointment of Bryan Fischer as a full time police officer with a one year probationary period, effective August 20, 1991. Motion by Alderman Rodgers to accept the recommendation of the Police Commission to appoint Bryan Fischer as a full time police officer with a one year probationary period, effective August 20, 1991, seconded by Alderman Collins. Motion carried 8--0. The Mayor stated a complaint has been brought before him and it concerns a matter of individual privacy. There being nothing, gained by public disclosure, the Mayor held an Executive Session. The Executive Session matter on individual privacy was adjourned at 9:40 p.m. and the regular meeting was reopened. Bruce Teeters commended Jim Worthington for the good job he is doing. There being no further business to come before the Council at this time, the meeting was adjourned at 9:42 p.m. Sharon Herman, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of September, 1991. ATTEST: Donald L. Hackmann, City Clerk