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HomeMy WebLinkAboutCity Council Minutes 10.01.1991Minutes of the City Council of Laurel October 1, 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 President of the Council Chuck Rodgers, at 7:00 p.m., on October 1, 1991. COUNCIL MEMBERS PRESENT: Norman Orr Bruce Teeters L.D. Collins Chuck Rodgers Lonnie Kellogg Bob Graham Ron Marshall Donna Kilpatrick COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Reverend Wilhelm. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of September 17, 1991, as presented, seconded by Alderman Collins. Motion carried 8--0. CORRESPONDENCE: Received the annual report from the Yellowstone City-County Health Department. Received Population and Housing Characteristics regarding the 1990 Census. CLAIMS: Claims for the month of September were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve all claims in the amount of $ 263,304.93 for the month of September, 1991, seconded by Alderman Orr. Motion carried 8--0. AWARD BID - POLICE CAR: One bid was received and opened at the September 17th Council meeting. The Police Committee recommended going with option #3 for a Chevrolet Caprice in the amount of $ 16,814.60. Motion by Alderman Marshall to accept the bid for option #3 for a 1992 Chevrolet Caprice patrol car in the amount of $ 16,814.50, with no trade in, seconded by Alderman Orr. Motion carried 8--0. REVIEW FINAL PLAT - LEONARD FICHTNER IN HAGEMAN SUBDIVISION: Jim Worthington stated this plat has been submitted for final approval. He would like the Council to authorize the Mayor to sign the plat. The taxes have been paid and the plat has been reviewed by Joe Bradley, Cal Cumin and Jim and no problems have been found. Motion by Alderman Kellogg to authorize the Mayor and City Clerk to sign off on the plat, seconded by Alderman Graham. Motion carried 8--0. REVIEW FINAL PLAT - PHYLLIS PRINDLE IN DECARLO'S SUBDIVISION: This plat does not require Council approval since it is outside the city limits. It was brought before the Council as a point of information since it is in the City's planning area but the County Commissioners have final approval. PERMIT FOR ENCROACHMENT ON PUBLIC PROPERTY: ORDINANCE NO. 987 (second reading) AMENDING SECTION 12.16.040 OF THE LAUREL MUNICIPAL CODE TO REQUIRE A PERMIT FOR ANY ENCROACHMENT ON ANY PUBLIC PROPERTY Minutes of the City Council of Laurel Page 2 Council Meeting of October 1, 1991 This being the second reading, a public hearing was held. PROPONENTS: Joanne Colburn spoke in favor of the ordinance. She feels it generates additional revenue for the City of Laurel through the permit and rental fee. The encroachment permit would allow businesses, organizations and residents the opportunity to make improvements to their premises for a safer environment for our community. OPPONENTS: None Motion by Alderman Orr to close the public hearing, seconded by Alderman Kellogg. Motion carried 8--0. Motion by Alderman Orr that Ordinance No. 987 (second reading) be passed and adopted, seconded by Alderman Graham. Lonnie Kellogg stated he is against the permit process because he does not feel we should have encroachments on any public property and secondly, the ordinance states the Street and Alley Committee would issue these permits, which takes the power away from the Council. Bob Graham spoke in favor of the ordinance. He feels that with the large number of handicapped individuals, a loophole needs to be left in the ordinance to accommodate these people on an individual basis. L.D. Collins spoke against the ordinance. He feels that if there is any other possible option available, then nothing should be built on public property. By taking away public property, your taking away the service right of all other people. This encroachment ordinance is not just for handicapped people, it is for anyone who chooses to use it. It was noted that our ordinance reads that an encroachment can be made on a temporary basis only but this ordinance would allow it on a permanent basis. Ron Marshall agreed that the power to issue a permit should not fall on the committee, but should be a Council decision. In regard to discussion, Joe Bradley clarified that the City has two ordinances on the books. The first deals with temporary pilings and a permit can be issued by the City Clerk. The other deals with structures and a permit is issued on a temporary basis. In regard to amending this ordinance, Joe said it would be better to defeat this and draw up a new one if the Council does not want the Street and Alley Committee making the final decision. Joe pointed out that if this ordinance is passed, it does not give H & R Block permission to build a ramp. It does give them permission to go before the committee for consideration and possible approval. A roll call vote was taken on the motion. Motion defeated 8--0. All aldermen voted, "NO." Joe will prepare a new ordinance to be presented at the October 15th Council meeting. AMENDING EXCRETA ORDINANCE: ORDINANCE NO. 988 (first readingl AMENDING SECTION 6.04.040 OF THE LAUREL MUNICIPAL CODE, TO ALLOW ANIMAL PARADES BY PRIOR PERMIT Joe Bradley reviewed the changes for the Council. Motion by Alderman Kellogg that Ordinance No. 988 {first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen voted, "YES." Motion carried 8--0. Minutes of the City Council of Laurel Page 3 Council Meeting of October 1, 1991 AMENDING OPEN CONTAINER ORDINANCE: ORDINANCE NO. 989 (first reading) AMENDING SECTION 5.12.100 OF THE LAUREL MUNICIPAL CODE TO PROVIDE FOR OUTDOOR PARTIES ON A PERMIT BASIS Joe Bradley reviewed the changes for the Council. Motion by Alderman Kellogg that Ordinance No. 989 be passed and adopted, seconded by Alderman Orr. A roll call taken and all aldermen voted, "YES." Motion carried 8--0. ONE CALL SERVICE CONTRACT: RESOLUTION NO. 2561 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND NORTHWEST ONE CALL SUBSURFACE WARNING SYSTEM, SAID AGREEMENT RELATING TO SUBSURFACE UTILITY FACILITIES LINE LOCATING (first reading) vote was Motion by Alderman Marshall that Resolution No. 2561 be passed and adopted, seconded by Alderwoman Kilpatrick. in the It was stated that this is the only one call service available northwest. By state law, the City is required to subscribe. In regard to the fee, Joe Bradley said some time ago a law was passed that if a state required cities and counties to do certain things, then the state must provide the funding for it. This law has been routinely ignored and this is another example of it. A vote was taken on the motion. Motion carried 6--2 with Aldermen Marshall and Teeters voting, "NO." Alderman Marshall stated he voted no in protest that the State mandates this, but provides no funding. COMPLAINT AGAINST EQUIPMENT ON SIDEWALK: Joe Bradley stated he received a complaint from Richard Barnhardt who claims to have tripped over the lawn mowers outside of Coast-to-Coast. In response to a question, Joe said the same ordinance that governs temporary pilings, covers this issue and the person is to get a permit before displaying anything on the sidewalk. In regard to the ordinance dealing with temporary pilings {LMC 12.16.010} Don Hackmann stated he feels the permit should be issued by the Council and not be left up to one individual to make an exception to the ordinance. Discussion followed and Joe said there is a liability factor involved by allowing things to be placed on our sidewalks. Dean Rankin stated that as a business, they try to cater to the community and surrounding area. Due to the lack of space in their store, they have no other choice but to put the lawn equipment out on the sidewalk if they want to continue to carry it. Dean said that in his 10 years in the store there have been a few complaints but never an accident. More discussion followed and Joe said no formal complaints have been received because of anyone tripping over the equipment. This item was referred to the Street and Alley Committee. were COMMITTEE REPORTS: --Budget/Finance Committee minutes of September 17, 1991 presented and reviewed. Minutes of the City Council of Laurel Page 4 Council Meeting of October 1, 1991 Motion by Alderman Orr to enter the Budget/Finance Committee minutes of September 17, 1991, seconded by Alderman Graham. Motion carried 8--0. --City Council Committee of the Whole minutes of September 17, were presented. 1991 Motion by Alderman Graham to enter the City Council Committee of the Whole minutes of September 17, 1991, into the record, seconded by Alderman Orr. Motion carried 8--0. --Classification Appeals Committee submitted a letter to the for their review. A meeting will be held on October 17th to the issues. Council address --Garbage Committee minutes of September 16, 1991 were presented and reviewed. Discussion followed regarding the possible charge that may be imposed against transfer sites during the last legislative period. The funds will be used to help finance the State office which oversees the solid waste program. Motion by Alderman Graham to enter the Garbage of September 16, 1991, into the record, seconded Motion carried 8--0. Committee minutes by Alderman Orr. --License Committee minutes of September 24, 1991 were presented and reviewed. The committee recommended approval of a city license to Pete Kuntz for Pete's Recycling, pending a fire inspection. Motion by Alderman Collins to table the approval of a city license for Pete's Recycling until October 15, 1991, seconded by Alderman Graham. Motion carried 8--0. The committee recommended approval of a city license to Wanda Barclay for W Bar C Designs. Motion by Alderman Kellogg to grant a city license to W Bar C Designs, seconded by Alderman Orr. Motion carried 8--0. Mel Stevenson, representing Stageline Pizza, is requesting a city license. The committee recommended approval. Motion by Alderman Stevenson for Stageline carried 8--0. Kellogg to grant a city license to Mel Pizza, seconded by Alderman Graham. Motion Motion by Alderman Graham to enter the License Committee minutes of September 24, 1991, into the record, seconded by Alderman Orr. Motion carried 8--0. --Police Committee minutes of September 30, 1991 were presented and reviewed. Mike Atkinson, Police Chief, reported on the condition of the police cars. The cars were computer analyzed at Rapid Tire and found that the engines on both the 1987 and 1990 Chevrolet are in good condition. There is an immediate problem with the rear axle on one of the cars. The total estimate to bring both cars up to par is approximately $ 1,400.00 but the city mechanic may be able to do some of the work. Motion by Alderman Kellogg to enter the Police Committee minutes of September 30, 1991, into the record, seconded by Alderman Orr. Motion carried 8--0. --Public Utilities Committee minutes of September 30, 1991 were presented and reviewed. Minutes of the City Council of Laurel Page 5 Council Meeting of:October 1, 1991 A complaint was brought before the committee by Judy Matties regarding her sewer bill. Judy moved into a house and lived there only four days before moving out and into another house. Her sewer charge reflected the average for that house which was $ 19.00. It was noted later that the second house she moved into had a very low sewer average and she would be paying this amount for another month until the sewer average is taken off and she establishes her own rate. Discussion followed and the point was made that when the new sewer plant was built~ hours and hours were spent trying to come up with a system of billing that would be fair for the majority of the people. No system is going to be 100% fair all of the time but it is felt that this system does work very well. It was noted that this system also works the other way and it all averages out. Large families often move into a house where the sewer average is much lower than what they would actually use and they assume this lower average for the remaining summer months. It was the consensus of the Council not to change the existing policy. Mike Hammer came before the into his existing water and that he plans to build. committee requesting permission to tap sewer lines to run a line out to a shop Discussion followed and according problem connecting to the existing water line. to the codes, there would be no sewer line but there is with the Motion by Alderman Graham to refer this Utilities Committee for a recommendation, Marshall. Motion carried 8--0. item back to the Public seconded by Alderman Motion by Alderman Marshall to Committee minutes of September 30, 1991, Alderman Collins. Motion carried 8--0. enter the Public Utilities into the record, seconded by --Street and Alley Committee minutes of September 19, 1991 were presented and reviewed. Jim Worthington reported on the truck delivery at Ricci's Food Farm. The Masonic Lodge has just completed putting in a sprinkler system and planted new grass on their property and the boulevard. The trucks that service Ricci~s are driving over a portion of this new grass when they leave the alley. Jim and Vince Ricci have spoken to the driver's and Associated Foods regarding the property. The Lodge has placed a barrier on their property line to try and prevent this but the trucks are still catching the boulevard. Jim reported on the water problem on the west Casa Linda Circle. It was recommended that control the flow of water. side of 8th Avenue by a burm be put in to Motion by Alderman Collins to accept the committee recommendation to put in a burm on the west side of 8th Avenue~ seconded by Alderman Kellogg. Motion carried 8--0. Discussion regarding two hour parking on West Main Street. Joe Bradley said the ordinance allows two hour parking on the north side of Main Street only. A complaint was brought to the Council regarding a tree that is blocking the view of motorists at 4th Avenue and 2nd Street. The city has an ordinance which states the property owner is responsible for keeping trees trimmed on his property and if necessary the City can remove any trees at the cost of the property owner. Discussion on whether the city should act on a complaint basis only. The aldermen were asked to drive by it and if they feel there is a problem, it can be brought up at the next meeting. Page 6 Minutes of the City Council of Laurel Council Meeting of October 1, 1991 Motion by Alderman Graham to enter the Street and Alley Committee minutes of September 19, 1991, into the record, seconded by Alderman Collins. Motion carried 8--0. COMMENTS FROM THE AUDIENCE: It was noted by a member of the audience that pot holes were filled off of Pennsylvania Avenue and she greatly appreciated this. Mel Stevenson thanked the Council for approving his business license for Stageline Pizza. UTILITY EASEMENT WITH CONTINENTAL OIL COMPANY: Jim Worthington stated he would like approval for the resolution between the City of Laurel and Continental Oil Company for a utility easement. RESOLUTION NO. 2562 A RESOLUTION APPROVING A UTILITY EASEMENT BETWEEN THE CITY OF LAUREL AND CONTINENTAL OIL COMPANY Motion by Alderman Graham that Resolution No. 2562 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. Jim stated he needs a Building Committee meeting as soon as possible. WILLIAMS PROPERTY: Joe Bradley Stated that the City now owns the Williams property total cost of $ 40,000.00. for a Bob Graham stated Mr. Winter's property is cluttered again. Joe said the City now owns this land and we are the landlord. Fred's rent has been $ 75.00 a month and there has been no lease. Joe suggested that the Engineer check the building over to make sure it is habitable. Richard Barnhardt also has junk stored in the house on 2nd Street and the City needs to consider whether to allow him to continue. Jim said Richard indicated to him he would like to continue to rent the house. These items were referred to the Building Committee. Chuck Rodgers welcomed the new Chief of Police, Mike Atkinson. There being no further business to come before the Council at this time, the meeting was adjourned at 8:38 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 15th day of October, 1991. Bob Gau~hier, Mayor Donald L. Hackmann, City Clerk