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HomeMy WebLinkAboutCity Council Minutes 01.16.1990Minutes of the City Council of Laurel January 16, 1990 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 January 16, 1990. COUNCIL MEMBERS PRESENT: Ron Marshall Donna Kilpatrick Chuck Rodgers L.D. Collins Chuck Dickerson Bob Graham Bruce Teeters Norman Orr COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Reverend Pugh. MINUTES: Motion by Alderman Dickerson regular meeting of January 2, 1990, Collins. Motion carried 8--0. to approve the minutes of the as presented, seconded by Alderman CORRESPONDENCE: Received a letter of resignation from Mike Penne as Captain of the Laurel Police Reserve, effective March 31, 1990. Received a report of hours worked by the Reserve officers and Explorer Post #5, for the first half of fiscal year 1989-90. Received a letter from the Laurel Ministerial Association opposing the proposed change for gambling in Laurel. Received a letter from Andy Forsythe, Attorney, regarding Volk Construction's claim on the WWTP. There is a meeting scheduled for February 5th with EPA, Volk Construction, and the City to try and get the problem resolved. Received a letter from the Department of Health and Environmental Sciences, Water Quality Bureau, advising the city that they are not able to grant an increase in funding for the construction of additional drying beds at the WWTP. Received a letter from the Montana Veterans Affairs Division regarding the on site inspection for the proposed VA Nursing Home and a public hearing scheduled for January 29th. Received a letter from the Montana Disaster and Emergency regarding the 23rd annual Governor's Conference on Preparedness to be held on Wednesday, February 14th at the Hotel in Billings. Services Disaster Sheration Received the December minutes from the Yellowstone City-County Board of Health. Received the minutes and activity report for the month of December from the Yellowstone County Air Pollution Control Board. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of December were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of December, 1989, be approved, seconded by Alderman Orr. Motion carried 8--0. RID OPENING - HIGH BAND RADIOS: Motorola C & E 2110 Overland Avenue Suite 101 Billings, MT 59102 Cash Purchase - $ Bid Bond 37,657.81 Page 2 Minutes of the City Council of Laurel Council Meeting of January 16, 1990 QTY DESCRIPTION UNIT EXTENDED 5 643.88 3,219.40 5 448.52 2,242.60 1 Mitrek Super Consolette $ 1,738.00 $ 1,738.00 1 Paging Encoder 278.00 278.00 1 5.25 dBd Fiberglass Antenna 536.00 536.00 10 Maxtrac 300-16 Channel Mobile 600.00 6,000.00 37 Minitor II Voice Storage 373.63 13,824.31 Receiver MT1000 5.0 Watt Portable Vehicular Charger with: Power Amplifier-40 Watt 10 MT1000 5.0 Watt Portable 593.18 5,931.80 10 Vehicular Charger 157.17 1,571.70 TOTAL EQUIPMENT INSTALLATION TOTAL INVESTMENT (cash purchase) 35,341.81 2 316.00 $ 37,657.81 YEARLY FINANCING ON TAX EXEMPT LEASE RATE 2 years ..... $ 19,649.17 3 years ..... $ 13,661.46 4 years ..... $ 10,678.96 5 years ..... $ 8,898.46 at Interest ..... 8 3/4% at Interest ..... 8 3/4% at Interest ..... 8 3/4% at Interest ..... 8 3/4% The bid was referred to the Fire Committee for a recommendation at the next Council meeting. 24 HOUR GAMBLING ORDINANCE: Joe Bradley stated there are three ordinances involved in this. The first one would open up gambling to a 24 hour operation. The other two are related but need to be separate. The second would specify that live entertainment and public dances would have to cease at 2:00 a.m. even though the establishment might remain open for gambling purposes. The last one specifies that jukebox playing would have to cease at 2:00 a.m. Joe stated that Ordinance No. 959 is the one hour gambling and it is not necessary to ordinances if this one does not pass. which would open up 24 consider the other two This is the first reading of the ordinance and the law allows for two readings. The issue before the council tonight is whether pass it on the first reading in order to send it to a second reading, which would be the public hearing. Joe stated that approval tonight does not put this ordinance into effect. He explained that tonight is not a public hearing but rather reserved for the council to discuss it among themselves. ORDINANCE NO. 959 first reading) AMENDING SECTION 5.48.360 OF THE LAUREL MUNICIPAL CODE, TO ALLOW 24-HOUR GAMBLING SUBJECT TO CERTAIN RESTRICTIONS Motion by Alderman Teeters that Ordinance No. 959 (first reading) be passed and adopted, seconded by Alderman Marshall. At this time the Police Committee minutes were reviewed. Joe Bradley stated that the Police Committee followed the direction of the Council and prepared an ordinance but this in no way means that they endorse it or recommend that it be passed. Joe stated that one item was left off the ordinance. It would require that a copy of the Ordinance be posted on the establishment's wall along with a copy of the open container law. Page3 Minutes of the City Council of Laurel Council Meeting of January 16, 1990 Motion by Alderman Graham that Ordinance No. 959 (first reading) be amended to include; C. Any business staying open past 2:00 a.m. will be required to post copies of the Ordinance and the open container law on their wall, seconded by Alderman Collins. Motion carried 8--0. Bob Graham said he has given this considerable thought and has talked to many people concerning this. When voting, he always considers whether council action will make Laurel a better place to live and he feels this will not. He recommends that the council kill this ordinance. L.D. Collins stated he personally sees nothing wrong with the ordinance but he votes as a representative of the people. He has received 32 phone calls concerning this and 27 of those are against it. He will vote against it for the people he represents. Bruce Teeters stated that without making a personal commitment either way tonight, he feels the council has a moral obligation to hear both sides. In order to allow for a public hearing, it must be passed tonight. John Mohr~ Attorney for the proponents, stated that the ordinance conforms to what his clients want. Chuck Dickerson stated that decisions such as this will never please everyone and he wants the people to know that the vote is not a personal one directed toward any business or person. The vote is made based on what will benefit the town. Donna Kilpatrick stated the only phone calls and received are from people who opposed this ordinance. in favor of it. visits she has None have been Norman Orr commented that he has received the same response as Donna Kilpatrick. Chuck Rodgers stated he has heard both sides of the issue since it was brought up. He said it is hard to make a good strong decision without hearing both sides and he feels everyone should be given the chance to speak. This is an issue, he feels, that our state legislature has dumped on the cities and the decision should be statewide or at least made on the county level. At this time a roll call vote was taken and Aldermen Marshall, Rodgers~ and Teeters voted~ "YES." Aldermen Graham~ Orr~ Dickerson, Collins and Alderwoman Kilpatrick voted, "NO." Motion defeated 5--3. Bob Graham addressed the conducted by the council is house for every meeting. audience and stated that all business important and he would like to see a full Albert Ehrlick responded to Bob Graham's comment saying that the public is paying attention to council matters as evidenced by the number of people here tonight. A 10 minute recess was taken from 7:20 to 7:30 p.m. Joe Bradley informed the council that the gambling ordinance could be reconsidered at the next meeting if one of the five who voted against it asked to have it reconsidered. The motion to reconsider would then have to pass by a majority vote and it would then be open for discussion. Joe said there are no rules regarding how often an ordinance can be proposed. RECONSIDERATION OF RESOLUTION NO. 2420 - DE-ANNEXATION OF PARTS OF CHERRY HILLS SUBDIVISION: Motion by Alderwoman Kilpatrick to table reconsideration of Resolution No. 2420 until the next council meeting, seconded by Alderman Collins. Motion carried 8--0. Page 4 Minutes of the City Council of Laurel Council Meeting of January 16, 1990 TRADE USE OF PARKING SPACES WITH YELLOWSTONE BANK: RESOLUTION NO. 2427 APPROVING RENEWAL OF ONE YEAR AGREEMENT TO TRADE USE OF CERTAIN PARKING SPACES WITH YELLOWSTONE BANK OF LAUREL Motion by Alderman Dickerson that Resolution No. 2427 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. AUTHORIZING FIRST SECURITY BANK TO FINANCE NEW GARBAGE TRUCK: RESOLUTION NO. 2428 AUTHORIZING AGREEMENT WITH FIRST SECURITY BANK TO FINANCE THE PURCHASE OF A NEW GARBAGE TRUCK FROM THE GARBAGE FUND Motion by Alderman Marshall that Resolution No. 2428 be passed and adopted, seconded by Alderman Dickerson. Motion carried 8--0. AUTHORIZING SALE OF 1983 FORD F-800 GARBAGE TRUCK & PACKER: RESOLUTION NO. 2429 AUTHORIZING SALE OF CITY GARBAGE TRUCK Motion by Alderman Rodgers that Resolution No. 2429 be passed and adopted, seconded by Alderman Graham. Motion carried 8--0. AUTHORIZING SALE OF 1978 GMC 6500 GARBAGE TRUCK & PACKER: RESOLUTION NO. 2430 AUTHORIZING SALE OF CITY GARBAGE TRUCK Motion by Alderman Dickerson that Resolution No. 2430 be passed and adopted, seconded by Alderman Collins. Motion carried 8--0. VA NURSING HOME SITE INSPECTION: Joe Bradley stated that the site selection committee for the VA Nursing Home will be in Laurel the afternoon of January 29th. They will be looking at the site proposed by Jerry Cantrell. After that they will come to the council chambers to have the committee sell them on locating in Laurel. There is some question whether this is a formal public hearing. Joe said they have used this terminology but he has not been notified that it has been advertised or that letters have been sent out. Joe feels it is up to the council and the committee to get as many people to attend as possible~ especially veterans. There will be a meeting in the conference room at Little Big Men on Wednesday at 3:00 p.m. The people who put the application together will decide how to present Laurel's case to the selection committee. Anyone is invited to attend this meeting to share their thoughts. Joe feels it is necessary to have the Mayor, Jim Worthington and Dave Michael at the site inspection and to have as many aldermen as possible attend the presentation in the council chambers. (After the meeting on Wednesday~ it was decided to have the presentation and hearing at the Laurel Public Library.) Cal Cumin stressed the importance of having as many people as possible in attendance for the presentation. He stated it is a political move at this point. SECOND PUBLIC HEARING ON SCHESSLER APPLICATION FOR SPECIAL REVIEW: At this time the City-County Planning Board minutes were reviewed. Pages Minutes of the City Council of Laurel Council Meeting of January 16, 1990 Motion by Alderman Dickerson to accept the City-County Planning Board's recommendation to not hold a second public hearing on the Schessler application for special review on February 6th, seconded by Alderman Graham. Motion carried 8--0. Representatives from Woods Power Grip will be in Laurel on February 6th to answer any question the council might have. Gal Cumin stated that at the Planning Board's hearing, no one showed up in protest and he himself could find nothing to protest about after visiting the plant. He stated it is a very clean industry. Chuck Rodgers also visited the plant and stated that almost everything is recycled. The owners really put an effort forth to keep it a clean operation. COMMITTEE REPORTS: --Budget/Finance Committee minutes of January 2, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of January 2, 1990~ into the record~ seconded by Alderman Orr. Motion carried 8--0. --City Council Committee of the Whole minutes of January 2, 1990 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of January 2~ 1990~ into the record~ seconded by Alderman Graham. Motion carried 8--0. --Cit~-Count~ PlanninK Board minutes of January 11, 1990 reviewed. were Motion ~ Alderman Dickerson to enter the City-County Planning Board minutes of January 11, 1990, into the record~ seconded by Alderman Orr. Motion carried 8--0. Chuck Dickerson commented that if anyone has any questions or apprehensions about Woods Power Grip coming to Laurel, he would strongly encourage them to get with Cal or Dave and get their questions answered before the February 6th meeting. We need to be a united group at that meeting. Chuck Rodgers complimented Cal Cumin for all this project. --Parks Committee minutes of January 11, reviewed. the work he has put into 1990 were presented and Motion by Alderwoman Kil at~ to enter minutes of January 11, 1990, into the record, Marshall. Motion carried 8--0. the Parks Committee seconded by Alderman Discussion followed and Joe Bradley suggested that once the Park Committee works out a plan for letting the two groups run the concession stand in Thomson Park, a lease should be drawn up. Bob Graham agreed with the comments made by Bob Strand at the park meeting, regarding the maintenance of the tennis courts. Donna Kilpatrick stated the problem is the shortage of manpower in the parks department. She would like to see another person employed to help in this area and keep it maintained as it should be. Minutes of the Cit, Council of Laurel Page 6 Y Council Meeting of January 16, 1990 Bob Strand said he will strongly try to incorporate the tennis players into helping maintain it by means of picking up litter and policing it but there is not much else they can do. More discussion followed regarding the tennis courts. --Police Committee minutes of January 4, 1990 were presented and reviewed. Motion by Alderman Rodgers to enter the Police Committee minutes of January 4, 1990, into the record, seconded by Alderman Marshall. Motion carried 8--0. --Thomson Park Shelter Committee minutes of January 10, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Thomson Park Shelter Committee minutes of January 10, 1990, into the record, seconded by Alderman Dickerson. Motion carried 8--0. The Mayor commended these people for the tremendous effort they are putting forth to raise the money and get the shelter built. COMMENTS FROM THE AUDIENCE: None MAYOR' S COMMENTS: The Mayor encourages everyone to participate in the VA Nursing Home presentation. From the comments he has received, he feels we have an excellent chance to be considered. If the public support is there, we could be in the running since this is a political issue. Donna Kilpatrick requested permission to leave the state from February 5th to the 9th. Motion by Alderman Orr to grant Donna Kilpatrick permission to leave the state from February 5th to the 9th, seconded by Alderman Collins. Motion carried 8--0. Peg Kamerzel explained that due to the comments she overheard, she felt the people in the audience tonight did not understand what went on regarding the gambling ordinance. They did not realize the vote was to bring it up for a public hearing and not a vote for gambling itself. Police Committee meeting will be held on Thursday at 7:00 p.m. There will be a Street and Alley Committee meeting on Thursday at 5:00 p.m. There being no further business to come before the Council at this time, the meeting was adjourned at 8:07 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City of Laurel, Montana, this 6th day of February, 1990. ATTEST: Donald L. Hackmann, City Clerk