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HomeMy WebLinkAboutCity Council Minutes 09.17.1991Minutes of the City Council of Laurel September 17, 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 7:02 p.m., on September 17, 1991. COUNCIL MEMBERS PRESENT: Norman Orr Bruce Teeters L.D. Collins Chuck Rodgers Lonnie Kellogg Bob Graham Ron Marshall COUNCIL MEMBERS ABSENT: Donna Kilpatrick INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of September 3, 1991, as presented, seconded by Alderman Orr. Motion carried 7--0. CORRESPONDENCE: Received a letter from Olivia Bridges regarding the closing on her property at 4:00 p.m. on September 30, 1991. This will enable her to remove the contents that she owns. Received the September minutes and activity report from the 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 ~j~ Alderman Kello~ that the City Clerk and City Treasurer's financial statements for the month of August, 1991, be approved, seconded by Alderman Collins. Motion carried 7--0. BID OPENING - POLICE CAR: This being the time and place advertised, the bid received was opened and read aloud. Fichtner Chevrolet 202 S.E. 4th Street Laurel, MT 59044 Bid Bond Check $ 1,650.00 Option #1 $ 16,489.50 + '87 Chevrolet Caprice Option #2 $ 16,489.50 + '80 Ford Pickup Option #3 $ 16,814.60 No Trade This bid was referred to the Police Committee for a recommendation at the next Council meeting. JOHN ROSENBERG - PRESENTATION ON GLOCK GUNS: John Rosenberg, firearms instructor for the Laurel Police Department, gave a presentation on the new Glock guns that the City purchased. They were looking for a gun that is durable, safe and easily maintained. This gun has fewer components than a traditional gun and is made of materials that are virtually indestructible. This is a recoil, semi-automatic weapon. With the extra magazinei the officer is able to carry 46 rounds of ammunition. Ail of the officers were trained on the guns by a firearms instructor from Glock. The Billings Police Department and Sheriff's office have both went to this gun and Laurel was able to get the guns at the same quantity price as Billings did. Giock trained seven deputies in Billings to be armors and once a year these men will check our guns over and clean them. The only expense to Laurel would be for parts, if something should need replacing. Minutes of the City Council of Laurel Page 2 Council Meeting of September 17, 1991 HONE OCCUPATION: Wanda Barclay, 501 West 12th Street, has applied for a Home Occupation to make dried flower wreaths in her home. The Planning Board recommended approval. Wanda was not present at the Council meeting. Motion by Alderman Orr to table this item until the next Council meeting, seconded by Alderman Graham. Motion carried 7--0. CONNIE KLEIN - SPECIAL REVIEW FOR CHILD CARE CENTER: Connie and Butch Klein, 1238 4th Avenue, were present at the meeting. Joe Bradley stated that a public hearing was held through the Planning Board and they recommended approval. They also advised that a second public hearing be held by the Council due to the controversial nature of the issue. Joe said the opponents at the public hearing were concerned over setting a precedence in their neighborhood by issuing a business license. No one was really opposed to the way Connie operates the day care itself. Joe said the City cannot zone out day care homes, but we can put reasonable conditions on them. Cal Cumin stated the purpose of a special review is for the city to put on the facility, the condition they want to see. In Connie's case, she has been in business for almost nine years and has established a track record. Her facility is very neat and well taken care of. Because of this track record, the Planning Board did not put a lot of conditions on this facility. Connie is in operation and is licensed by the state. She has approval for up to 16 children for two hours a day. Joe said the City really does not have to allow anymore than 13 children, which is compatible with residential zoning. Cal said that large cities have zoning enforcement officers but Laurel reacts on a complaint basis and this is how the issue was brought forward. There has been some confusion on this but Cal said this is a zoning violation and that is the issue that needs to be addressed. Rob Harris, Fire Marshall, said one thing that needs to be considered is whether these residences meet fire codes. He has inspected Connie's residence and the fire regulations have been met but he would like the opportunity to look at all businesses, for their own protection. Motion by Alderman Graham to accept the Planning Board's recommendation to hold a second public hearing on October 15th, seconded by Alderman Collins. Motion carried 7--0. ASPHALT SUPPLY - SPECIAL REVIEW FOR ADDITIONAL STORAGE TANK: The Planning Board recommended approval and advised holding a second public hearing due to the controversial nature of the issue. Motion by Alderman Graham to accept the Planning Board's recommendation to hold a second public hearing on November 6th, seconded by Alderman Collins. Joe Bradley stated that Asphalt Supply is asking for expansion of a non-conforming use and they need to get permission for this. It was stated that originally, the problems with Asphalt Supply came before the Board of Adjustments and this time it came before the Planning Board. Cal explained that a couple of years ago the City Council took away the right of the Board of Adjustments to make decisions involving land use and gave this power back to the Planning Board. Minutes of the City Council of Laurel Page 3 Council Meeting of September 17, 1991 Cal stated that Asphalt Supply is a business that a lot of people do not like because of the smell, noise, etc. The Planning Board considered what would happen if they denied this request and that would be to continue, just as they are now and the City could do nothing about it. What the Planning Board tried to do is to put conditions on it that would get rid of the worst problems such as the two Naphtha tanks, widening the area where the trucks turn around, and limit the volume to exactly what it is now along with enforcing our fire codes. In this way, it could alleviate the worst problems and give the City some control over it. Cal said the Air Pollution Control Board has against Asphalt Supply since 1986. In Laurel, had not received any complaints in the past article was published in the paper about the review. Since July 31st, five complaints have received no complaints the Police Department year until after .the request for a special been recorded. Joe Bradley stated the Council needs to make a decision at the next meeting regarding the $ 25,000 donation offered by Asphalt Supply. At this time a vote was taken on the motion to hold a second public hearing. Motion carried 7--0. ENCROACHMENT ORDINANCE - PUBLIC RIGHT-OF-WAY: ORDINANCE NO. 987 (first reading) AMENDING SECTION 12.16.040 OF THE LAUREL MUNICIPAL CODE TO REQUIRE A PERMIT FOR ANY ENCROACHMENT ON ANY PUBLIC PROPERTY Motion by Alderman Teeters that Ordinance No. 987 (first reading) be passed and adopted, seconded by Alderman Graham. Discussion followed regarding the fact that the City has denied other similar requests, that this ordinance allows for encroachments of a temporary nature, not permanent and that a fee should be charged for doing this. A roll call vote was taken and Aldermen Marshall, Graham, Orr and Teeters voted, "YES." Aldermen Kellogg, Collins and Rodgers voted, "NO." Motion carried 4--3. JIM GUNNELS - CHAMBER OF COMMERCE OFFICE SPACE: Jim Gunnels, Chamber of Commerce President, stated that the Chamber office is currently located upstairs in the Meadowlark Gallery. The gallery is expanding and will need the office space for their own use. The Chamber would like to share the old library building with the museum and they feel this would be beneficial to the museum by keeping the doors open to the public. It was stated that the museum is on hold right now because finances. They are taking a sabbatical this year in order to acquire some financing to continue. of The Mayor referred this to the Public Buildings Committee which will meet on Tuesday, September 24th at 5:00 p.m. In regard to a question, Jim stated the Chamber of Commerce does pay rent to the gallery. COMMITTEE REPORTS: --Budget/Finance Committee minutes of September 3, 1991 were presented and reviewed. Motion by Alderman Orr to enter the Budget/Finance minutes of September 3, 1991, into the record, seconded by Rodgers. Motion carried 7--0. Committee Alderman Minutes of the City CounCil of Laurel Page 4 Council Meeting of September 17, 1991 --City Council Committee of the Whole minutes of September 3, 1991 were presented. Motion by Alderman Collins to enter the City Council Committee of the Whole minutes of September 3, 1991, into the record, seconded by Alderman Orr. Motion carried 7--0. In regard to the excreta and open container ordinances~ Joe Bradley said what we should have is a provision written into the ordinances which would allow exceptions by permit only. The way they are written now, we cannot legally waive the ordinance for such things as parades or outdoor parties. Joe will draw up the ordinances for the next Council meeting. --City-County Planning Board minutes of September 12, 1991 were presented and reviewed. Motion by Board minutes Alderman Orr. Alderman Kellogg to enter the City-County Planning of September 12, 1991, into the record, seconded by Motion carried 7--0. --Parks & Recreation Committee minutes of September 16, presented and reviewed. lggl were Motion by Alderman Kellogg Committee minutes of September 16, Alderman Orr. Motion carried 7--0. to enter the Parks & Recreation 1991, into the record, seconded by --Police Committee minutes of September 5, 1991 were presented and reviewed. Motion by Alderman Rodgers to enter the Police Committee of September 5, 1991, into the record, seconded by Alderman Motion carried 7--0. minutes Teeters. --Public Utilities Committee minutes of September 9, 1991 were presented and reviewed. At the committee meeting, a request was made by Mike Cantrell to get water and sewer to a lot owned by his mother. The lot is located just to the south of West Maryland and the City owns the lot directly to the north of this one. The city water and sewer mains end at the east boundary of these lots. It would be to the cities advantage also to have these mains extended the one block. The committee recommended allowing the hook-up with the City paying for half of it. The Mayor referred this to the Budget/Finance Committee to consider after the Engineer comes up with a projected cost. Walter Reich owns a lot on 13th Street West which was annexed into the City in 1979. The property does have city water to it but no other improvements have been made. He is asking for permission to design and attach to the city sewer system at his own cost. The committee recommended approval. Motion by Alderman Collins attach to the City sewer system Rodgers. Motion carried 7--0. to allow Walter at his expense, Reich to design and seconded by Alderman Motion by Alderman Collins to enter the Public Utilities Committee minutes of September 9, 1991, into the record, seconded by Alderman Graham. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: Rob Harris, Fire Marshall, inquired whether anything has been done about the proposed Building/Fire Inspector's position. In light of the recent tragedy, this needs to be looked at very strongly. The Mayor said he is working on a way to finance it and work out the duties with the Engineer. Minutes of the City Council of Laurel Page 5 Council Meeting of September 17, 1991 Chuck Rodgers noted that the Fire Department spent $ 403.00 for fire prevention last year and $ 150,000.00 for suppression. Jim Worthington skated that there is now a state law which requires cities to belong to the one call servicing contract. This is in regard to location of underground utility lines. The law goes into effect on October 1st and there will be a fee of $ 204.00. Currently, all of the local utility companies belong to this. Joe Bradley will draw up a resolution for the next council meeting. MAYOR'S CONMENTS: The Mayor appointed Mike Atkinson as Police Chief, effective October 1st for a one year probationary period. Motion by Alderman Rodgers to confirm the appointment of Mike Atkinson as Police Chief for a one year probationary period, effective October 1st, seconded by Alderman Kellogg. Motion carried 7--0. There being no further business to come before the Council at time, the meeting was adjourned at 8:23 p.m. Cathy Ga~rian, A/P Clerk this Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 1st day of October, 1991. yor ATTEST: Donald L. Haekmann, City Clerk