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HomeMy WebLinkAboutCity Council Minutes 05.01.1990Minutes of the City Council of Laurel May 1, 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 May 1, 1990. COUNCIL MEMBERS PRESENT: Ron Marshall Donna Kilpatrick Norman Orr L.D. Collins Lonnie Kellogg Bob Graham Bruce Teeters COUNCIL MEMBERS ABSENT: Chuck Rodgers INVOCATION: Invocation was given by Reverend Holt. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of April 17, 1990, as presented, seconded by Alderman Orr. Motion carried 7--0. CORRESPONDENCE: Received a letter from Yellowstone County Sheriff's Department regarding Drug Enforcement Funding. The City's proportionate share is $ 31242.02. Received a letter from Andy Forsythe, Attorney, regarding the claim by Volk Construction at the Wastewater Treatment Plant. CLAIMS: Claims for the month of April 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 $ 204~421.74 for the month of April, seconded by Alderman Orr. Motion carried 7--0. PUBLIC HEARING - DEANNEXATION OF CANTRELL PROPERTY: This being the time and place advertised, a public hearing was held. PROPONENTS: Jerold Cantrell stated this issue is familiar to everyone here. If the deannexation is approved, the city would get the 7 1/2 acres or 18 lots as a buffer zone and the city would cancel the taxes on these lots. He will bring the taxes up to date on the balance of the land. OPPONENTS: Mary Jo Devener, 1006 Betty Avenue, read a letter stating her opposition to the deannexation. She asks if the real estate business is one that the city wants to be in, can the city afford the maintenance costs until the land is sold, is the property marketable and will the responsibility of law enforcement fall upon the surrounding property owners. Mary Jo stated that Mr. Cantrell has broken the law several times by placing a fence illegally on the land two different times, he ran cattle when the land was not zoned for it and refused to remove the cattle until charges were brought against him and he was prosecuted. When irrigating the land, he flooded the surrounding property owners several times last year. In closing, she asks that appropriate action be taken that addresses the problems that the surrounding property owners have and not just take action to alleviate a problem for the Council and Planning Board. At this time the Mayor asked if the Council had any questions. Bob Graham asked Mr. Cantrell what he will do to ensure that his cattle do not get out. Mr. Cantrell said that after his cattle had gotten out a couple of times (they were still on his land), he built a Page 2 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 good five wire fence and they did not get out after that, so he would again build a fence. In reference to the comment that he would not get the cattle out, Mr. Cantrell stated the City Attorney gave him an extension until the fall, at which time he moved the cattle and took down the fence. In reference to a question regarding the irrigation problem, Mr. Cantrell stated he will have a drain ditch dug to carry the excess irrigation water off and it will drain into an existing drain ditch off Maryland Lane. It was questioned and clarified that Mr. Cantrell is asking the city to cancel the taxes on the 18 lots to be donated and he will bring the taxes on the remaining land up to date. Cal Cumin explained that the property given to the city becomes non-taxable and in order for the other to be re-platted, the taxes need to be brought up to date. Whether or not the tax on this property will be paid in the future is not a city issue but a county one, since it is in the county. Cal said the council may want to put the fence and drain ditch in as new provisions with approval of the final plat. If this is approved tonight, Mr. Cantrell can start putting in his fence and drain ditch while the final plat is being finished. Then, prior to the signing of the final plat, everyone can see that the things Mr. Cantrell said would be done, are done to everyone's satisfaction. In answer to the question of forgiving the back taxes, Joe Bradley stated he will have to check and see if this is legally possible. It was also stated that if the city gets these 18 lots, they are responsible for maintaining the land. Two letters were received for the public hearing. One was from the Deveners who are against the proposal and the other from the Lunds who are in favor of it. Motion by Alderman Collins to enter two letters into the record, seconded by Alderman Graham. Motion carried 7--0. Motion by Alderwoman Kilpatrick to close the public hearing, seconded by Alderman Graham. Motion carried 7--0. In response to a question~ Bob Graham stated this buffer zone is to protect the current residents from having their property border land that is zoned agricultural. It is not to protect property owners who may purchase land in this buffer zone in the future. They would be buying this land with the knowledge that it borders an agricultural Joe Bradley stated he would like to see the vote on this postponed until the next meeting so he can draw up a new resolution to include the two provisions for a fence and a drain ditch. Motion by Alderman Graham to postpone voting on the resolution to deannex until the next meeting, seconded by Alderwoman Kilpatrick. Motion carried 5--2 with Aldermen Collins and Teeters voting, "NO." PUBLIC HEARING - TOWN PUMP ON-PREMISE BEER LICENSE: This being the time and place advertised, a public hearing was held. PROPONENTS Tom Richardson, Attorney for Town Pump, spoke regarding the on-premise beer license. He said he would like to address four issues which are: 1) to give the council general information about Town Pump, who they are and why they are applying for the on-premise beer license, 2) to talk about the application procedure to the State of Montana Liquor Division, 3) the application to the City of Laurel and 4) address some of the concerns of people regarding the on-premise beer license. Pages Minutes of the City Council of Laurel Council Meeting of May 1, 1990 Town Pump is a Montana company which was started about 30 years ago. It has grown over the years and is still owned by Montana people and located in Montana only. The philosophy of the company, regarding the operation of the stores and the development of the business, is that they are committed to excellence and their goal is to offer their customers the best possible price and service at competitive prices. Town Pump is here for the long pull and not just to make a quick buck. Over the last 10 years, they have expanded, remodeled and built new locations to serve the public. They have expanded their programs over the years and are now in the food service area. Most locations now have some type of deli and a few also have full service restaurants. A few years ago Town Pump decided to brand with Exxon. One reason for doing this was to ensure a continuous supply of gasoline, even when there are gasoline shortages. Exxon also offers an excellent credit card program that Town Pump now offers their customers. Another reason was to cater to people from out of state who are not familiar with Town Pump but will stop because of the Exxon brand of products. Town Pump has also invested in motels and car washes for the convenience of the customers. A few years ago, they purchased a small piece of land adjacent to the Laurel property in order to expand the facility here in town. The company is taking the money they make and reinvesting it into the business to better serve the customers. The newest business venture for Town Pump is in the area of on-premise beer licenses. About three years ago they purchased an on-premise license for the store in Whitehall or Three Forks and it has worked well there so they have expanded to seven other stores throughout Montana. They want to provide additional services to the customers by giving them a choice of beverages when they sit down to eat a meal. They do not feel this will amount to much additional business. By having an on-premise beer license, it will allow Town Pump to put in poker machines instead of just keno machines. At this time, they have two keno machines and Tom anticipates that they will keep one keno machine and replace the other with a poker machine. He said there is no doubt that the revenue from the poker machine will exceed the revenue from beer sales. Town Pump would like poker machines because a lot of customers receive change back from a sale and like to drop the money in a machine. Out of state tourists think it is fantastic that there are poker machines in Montana and they like to play them. Tom said this is not experimental because Town Pump already has the seven on-premise beer licenses throughout Montana. It has been well received by the customers and is a benefit for the business. Town Pump maintains tight controls to ensure the atmosphere remains as a store rather than a bar atmosphere. At this time, Tom spoke in regards to the application procedure to the State of Montana Liquor Division. On-premise beer licenses, as well as all beverage licenses, are governed by the quota system. Laurel is allowed seven on-premise beer licenses and seven all beverages alcohol licenses. The license Town Pump is applying for is a transfer from the former Cliff's Deli. If Town Pump does not get it, someone else in Laurel will, so it is not a case of it going away. A very detailed application was submitted and the state looks at criteria regarding the applicant and the premise itself. The current status is that Town Pump has temporary authority to sell beer for on-premise consumption. There were protests to the application in Helena and Tom feels they are the same people who are protesting it here in Laurel. Because of these protests, there will be a public hearing in Helena in a couple of weeks. Tom stated they are here today for the Special Review under the zoning ordinance. This issue went before the Planning Board and passed by a Page 4 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 6--4 vote. Town Pump did meet the qualifications and criteria under the zoning ordinance and the Planning Board recommended that it also go to the council for a public hearing to consider a broader range of issues such as what type of controls Town Pump will have in it's operations. In connection with the application, Town Pump has went out and talked with and heard from a number of people in the community as well as employees. Generally the people have been favorable or neutral regarding it but a few have raised some concerns. Tom presented five letters from managers and a petition with 229 signatures on it in favor of the license. The two main concerns that have been raised with the license are under age drivers/under age drinkers and drunk drivers. Tom stated these are both legitimate concerns of citizens and Town Pump as well. Tom feels confident these will not be a problem at the store because Town Pump has chosen not to make it a problem. Tom stated there are three stores in Montana that have facilities very close in size and service to the one here in Laurel and they have had no problems with the on-premise beer license. Tom wished everyone could visit these stores, but he realizes this is not practical. Present tonight is Peggy Rodgers, who is the manager of the Whitehall store. She has been manager for a couple of years and is very familiar with the effective type of controls Town Pump has to control alcohol. In regard to under age drinking, Tom stated Town Pump does not condone it and is not interested in making a quick buck selling it. It comes down to the front line people, the cashiers who sell the beer. What makes the difference regarding sales to minors is the training and knowledge of the laws by the cashiers. Secondly, the employees need to know that Town Pump backs their employees regarding refusal to serve a customer if the cashier feels they are under age. Finally, Town Pump has a policy where they do not tolerate violation of the law or this policy. They let their employees know it is much better to abide by the law then it is to disobey it. In regards to the training for new employees, a handbook of rules and regulations is provided to every new employee. There is a specific section on liquor sales policy and the employee is required to sign it and a copy of it goes into their personnel file. There is initial exposure and this is followed up with a newsletter once a month which includes special articles to refresh and reinforce what the liquor sales policy is and how important it is. The Laurel manager has been reinforcing this with his employees for the past several months. A training manual has been developed to help the managers train employees in handling different situations. They don't want to send the employee out and just tell them to obey the law but rather want to show them how to accomplish this goal. Tom stated an employee was cited with selling beer to a minor in Laurel. It can happen, but to his knowledge this is the first time ever for any Town Pump employee and they are proud of their record. Town Pump wanted to find out what kind of a reputation they have and how they are regarded in the community. They spoke to Policeman Jim Morrison and his comment was that generally Town Pump has a good reputation, as good as the average convenience store here in town. The other issue is drunk driving and is Town Pump going to contribute to this problem? Tom gave a scenario of a person drinking too much and then proceeding to drive. He stated this will not happen at Town Pump because they will not permit it to happen. They will not allow a person to sit there and drink until they are drunk. He said this is more likely to happen at a bar, casino or supper club. Tom said the manager has discussed this with the employees of the store and there have been mixed feelings among the employees. Some Page 5 Council Minutes of the City Council of Laurel Meeting of May 1, 1990 think it is great, some are about it. He can understand cashiers are the ones who customers. neutral and a couple are apprehensive being apprehensive about it because the have to deal with unhappy or upset One employee who is in opposition to this offered to pay her expenses to visit one for herself how it works is Linda Kellogg. Town Pump of the other stores to see At this time Tom read excerpts from the letters that the managers submitted. In response to a question, Tom stated that beer will not be served unless the person is purchasing a meal. Bob Graham questioned what kind of controls Tom kept referring to. By control, does he mean people? Tom stated earlier that they do not anticipate hiring any more employees, so will they still have enough to monitor the situation as needed? Tom replied by saying the employees are the controlling factor. They do not feel that their business in going to increase any significant amount because of the license and therefore do not anticipate any further hirings. But, if business should increase, it would definitely indicate a need for more employees. The primary people who will have control are the manager of the store and the field representative. The manager of the Laurel store indicated to Tom that he does not plan to sell beer after midnight but would like to extend the hours of the deli from 8:00 p.m. to midnight. If this takes place, an additional person would need to be added to cover the extended hours. Bob Graham again expressed his concern that a young person orders a beer with a meal and is sitting with friends who are not of legal age. What's to stop them from passing the beer around? He feels that in order to control this type of situation, you need more employees. The Department of Revenue hearing will be held on May 14, 1990 at 9:30 a.m. in the Mitchell Building. Donna Kilpatrick inquired whether Town Pump has ever withdrawn it's application for an on-premise beer license in any other community. Tom stated one has been withdrawn and it was in Wolf Point. The reason for this is because there was extensive community concern regarding the alcoholism problem in that community so Town Pump chose to withdraw the application. Peggy Rodgers, General Manager of the Whitehall Town Pump, spoke in support of the license. She has managed this location for three years and they have had their license for two years. Peggy started by answering previous questions about enforcing the controls. She said there are laws restricting the time of sales and they sway from this, in the fact that they do not sell beer before noon. They politely tell the customer that they chose not to sell any earlier. If a customer wants to drink before noon, Peggy feels there is already knowledge that the person could have a problem. Peggy said the customer must purchase a meal with the beer or they will not be served and they tell the customer this as tactfully as possible. When put in a pressure situation, they would rather forfeit an unhappy customer than all the other customers in the establishment. They do not want to forego the reputation of being a family establishment with family dining. If a business allows otherwise~ the business will suffer. Peggy said that in the two years since the Whitehall Town Pump has had the license, she has never had to confront an intoxicated customer nor have any of her employees. Page6 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 Her business has a gaming area which is separated from the rest of the establishment. They do not allow open containers or juveniles in this area. If they feel someone is under age in this area, they ask for ID and politely ask them to leave and if minor aged friends will not leave, they simply unplug the machine. All employees know that they are backed up by the manager and by Town Pump itself, for refusing to serve a customer. They quit selling at 12:30 a.m. and all beer is off the tables by 1:00 a.m. and they tell the customers this when ordering. Peggy stated that she personally spoke to the manager of the Dillon business. They had no opposition from the community regarding their license but they had several employees who were very apprehensive about it. Their license has been in effect now for three years and before writing the letter that was submitted tonight, the manager re-interviewed the employees who were apprehensive. None of them has ever had a problem with a customer regarding the on-premise license. Peggy said the establishments do not create a tavern atmosphere where people are going to want to stay and drink. If they want to do this, they wilt go to a bar. A lot of Town Pump's customers are truckers and Peggy said she would rather see a trucker have a couple of beers with his meal than buy a six pack and crawl back into the truck. Ron Marshall questioned what signs Peggy has on her premise that let her customers know what to do. She said she has table tents on about 85% of the tables. They are having new menus printed which will have a pocket for an insert with the rules and regulations. Two aldermen stated a hypothetical situation where a customer has a meal with two beers and when ready to leave, he brings a 12-pack of beer up to the counter and wants to buy it. His vehicle is parked outside in the lot. Will the cashier allow the sale of this beer? Peggy stated she would allow the sale. In her experience, she sells fewer packs of beer if the driver has had a beer or two with his meal. It was questioned and has at any one time shift. discussed about the number of employees Peggy and what they are expected to cover during a Tom Richardson stated he cannot speak for what rules they will have in Laurel~ but they will implement rules appropriate for Laurel and its situation. Lawrence, the Manager of Town Pump in Laurel, stated he has plans if this is approved. He will change the hours of the deli person so they will work from 6:00 until 2:00 a.m., thus ensuring two people per shift until 2:00 a.m. The deli is closed at midnight on the weekends and a little earlier during the week. This is done for food control because if food sits out after midnight, it just gets old. The deli hours will conform with the liquor sales and no beer will be sold after midnight. Lawrence said he has picked up cardboard containers from six packs and was told teenagers have been hanging around there. He said he doesn't know if it is true or not, but he had three loads of gravel hauled in and it is a type that the kids are not going to park their cars in. Donna Kilpatrick questioned how he would deal with the open container law and if he feels that is part of his responsibility. Lawrence said he feels it is his responsibility. Open container will be in the deli section by the three tables only, and no one will be allowed to walk around or play any machines with the open container. They will not leave the store with an open container. Lonnie Kellogg stated that the representatives of Town Pump have emphasized that it is a Montana company with strong community ties. Lonnie Kellogg asked whether they have ever contributed to the Page 7 Council Meeting of May 1, 1990 Minutes of the City Council of Laurel community for such things as little league or grants. Lawrence stated he has donated to the West School Fair, and donated coupons for the picnic shelter. Peggy stated her business has contributed to it's restaurant on the average of four free meals a month, they donate 100 plastic eggs with a coupon inside for the Easter egg hunt each year, and a few years ago they donated coffee and food when there was a forest fire nearby. Mike Urmson, Route 1, Box 277A, Joliet, stated he is the man on the graveyard shift at Town Pump and if anyone has any questions, he would be glad to answer them. Mike said the company backs him 100% and he doesn't feel people are going to come into Town Pump to get drunk and he will not let it happen. Mike said he very rarely has a problem with a drunk wanting to buy beer but he will flat out, not sell it to them. Mike said he has no problem saying no. Mike said truck drivers rarely buy beer. They come in with their thermos, fill it up with coffee and head back to their trucks. When he first started working, kids would come in and pull all kinds of stunts to get beer but they never did and Mike has no problems with them anymore. He has never had to call the police for any alcohol related problem yet. In closing, Mike feels Town Pump will have a lot less problems than Pizza Hut, who serves beer in pitchers. Walt (could not stated he hauls fuel into Town Pump every night. Walt said the do congregate around Town Pump because it and Terry's Quick Stop to be the point. It takes 45 minutes to an hour to unload the and the police department usually goes by three to four times so must be around approximately every 15 minutes or so during evening. get his last name off the tape), 5304 Leaf Drive, kids seem fuel they the In regards to selling beer to the drivers, Walt stated he enjoys sitting down to a meal, having a beer with his meal and then going home to bed. As far as the drivers who have a couple of beers and then buy a six pack and take off, Walt says that is up to the Department of Transportation and the Highway Patrol because the drivers know better. He said, "It is their behind in a sling if they do it and they get caught." Motion by Alderman support petitions into Motion carried 7---0. Collins to enter the managers' letters and the record, seconded by Alderman Graham. OPPOSITION Ray Willis, 1002 West Maryland Lane, spoke in opposition to the license. He inquired how many of the signatures on the petition were from local people. It was stated that just skimming through them, approximately 80% were. Mr. Willis then asked how they specifically a large person, intend to do so. are effectively going to stop anyone, from leaving the premise if they so Ray feels Town Pump is now, primarily a place to go to for purchasing fuel. Along with that, it is a convenience store where you can buy a pop, candy or other items while you are getting fuel. But, he feels that when you get into this thing of serving alcohol by the drink and establishing the place as a center of gambling, there is a contradiction of terms. He feels that what is going to happen, even though there has been an hour of disclaimer, is that people who ordinarily do not congregate there, are going to if this goes through. Ray said he has been hearing people say that the liquor license itself is of no or very little value for liquor purposes. The reason they want the liquor license is not to sell liquor but for the gambling that comes with it. As a pastor, Ray counsels people who have problems with gambling. They come to the church destitute and in need of money for food because a husband or wife has spent what little money they have on the machines that already exist in Laurel. He Page S Minutes of the City Council of Laurel Council Meeting of May 1, 1990 wishes that there was some way he could ethically share these situations with the council but that would be a breech of confidence. The city of Laurel already has a number of establishments that offer all the gambling that a person can possibly get done in a 20- hour period. He sees no reason to open it up to just one more place where people can go and spend money that will cause heartache to their family. At the Planning Board hearing that Ray attended, a highway patrolman indicated that they see a real problem with this. Ray wished he were here tonight because at the Planning Board hearing, they were acting on the zoning only and so it is now passed on to the council. Ray stated he did not understand Lawrence's comment regarding the change of hours for the deli and yet still shut down at midnight. If he extends this extra employee until closing time and the deli closes at midnight, what is this employee going to do? Ray's point is that he feels they (Town Pump and managers) don't know what they are going to do. He feels they are saying what the council wants to hear and they have no definite plan at this time because he contradicted himself. In regard to the comment by Walt, stating it is the truck driver's behind if he has two beers and buys a six pack to go, Ray said he is in greater trouble than just a citation if he is eating a truck driver's grill. He does not want to face that situation on the highway and there is already too much of it happening. Bob Graham questioned Ray also, regarding the petitions that were submitted. How many signatures were from local people? Ray stated he could only say regarding the one petition that was under his control and he feels 95% were local. The signatures were petitioned by canvasing and the one he was in control of was gathered mainly in his church. He let it be known it was available if anyone wanted to sign it. Linda Kellogg, 918 East 5th Street, stated she is opposed to the open container because as an employee of Town Pump, they cater to high school age kids. Her other concern is whether the police department could handle the calls if it is necessary to call them. Linda said you have to question whether they really want this liquor license if they are only going to sell a few beers a shift, as has been stated here tonight. They say it is for poker machines, but there is a contradiction here because if it is a family business, why would you want a bar setting? Laurel already has 13 taverns, do they need another one? Linda said they cater to high school kids and she wonders if the control Town Pump is talking about, is possible. Linda feels that even though Laurel's Town Pump is the same in many ways as others in the state who have this, she feels our community and needs are different enough to where this will not work in Laurel. Linda stated Mr. Richardson said in one breath that they will not tolerate someone who will not comply with the rules regarding liquor sales and in the next breath he tells you a cashier from Laurel did that and is still working for Town Pump. Joe Bradley questioned Linda about the length of employment and her duties. She has worked for Town Pump for almost three years and her duties are cashier and deli work. Linda responded to a question by saying that as an experienced employee she could not properly watch the people who are drinking and still do her job. In response to Bob Graham's question, Linda said she turns down about half of the people who come in to buy beer, due to being under age, lack of ID, or no Montana driver's license. She clarified that she will not sell beer unless she sees an ID or drivers license and so, Page 9 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 this is part of the 50% she may turn down. She responded to another question by saying teenagers do come in looking for beer. It was questioned how many people get gas and leave without paying. Linda did not know how many times it happens but when it is busy, the cashiers do not have time to be watching the pumps and often they don't even know what the person looked like or what kind of car they were driving, Arlen Tofslie, 105 East 4th Street, is Pastor of the Grace Bible Church and has been a resident of Laurel for six years. His concerns and those of his congregation are the close proximity of Town Pump to 1-90 and Highway 310 South into Wyoming. This makes an easy access for people to obtain and drink alcohol when driving. As a former alcoholic, Arlen knows the dangers of drinking while driving, regardless if you're drunk or not. Arlen said the last thing Montana needs is another place that very conveniently contributes to drinking while driving. He also stated that the highway patrol is not in favor of this. They only have eleven patrolmen to cover this district and they seldom have more than two officers on a shift at one time. He stated he drives frequently on Highway 310 and the interstate and he is not in favor of subjecting himself to anymore people who have been drinking while driving. If a person needs to have a drink that badly, there are three establishments within walking distance of Town Pump who will cater to their needs. Arlen said that as a local Pastor and a former alcoholic, he is well aware of the devastation that is caused by drinking and what it did to his own life and his marriage. Four out of five days this week Arlen said he has counseling sessions scheduled and three out of the four are for alcohol and gambling problems. He said he has enough going on trying to patch together what damage alcohol and gambling are doing, without making it any more convenient. He said he gets awfully tired of trying to help people get their marriages and their lives back together because of innocent beginnings like Town Pump. In his own experience, he did not go into convenience stores to get drunk but if it was available, he would sit down and drink all he could and he became a driving bomb on the highway. He is grateful to the Lord for not allowing him to crash into somebody and take a life because of his problem. Greg Summers, 302 Cedar Avenue, Apt. #5, stated he graduated from Laurel two years ago and he really likes Laurel. Me stated he is a Christian but he used to carouse the streets and he was sure the Police Chief knew who he was. He related that in past experience, he was able to give a 21 year old five bucks and he would go in a store and buy beer for him while he and his friends were hiding behind the store. The cashier could not see them and was not aware that the beer was going to minors even though Greg thought they should have, since the same person was in there several times a night. Greg said people here tonight are saying you can control liquor in people and how much they consume and you can't. They can't control it right now by the looks of all the possession charges in the paper every week. He has been there and he is definitely not in favor of this. In response to a question, Greg said he knows of many times when a minor has bought liquor in Laurel and from all different types of establishments. One of his friends, who was a senior at the time, bought two kegs for a party Greg was giving and the next night they went back to the store and returned the kegs for the deposit. Mary Scanlin, 12 1/2 3rd Avenue, said she feels sorry for the kids who are put under pressure to drink. She is here to protest the license Town Pump is applying for. She said liquor and driving do not mix and she has seen the destruction of minds and bodies that have been brought about by the consumption of alcohol. In the past, a young man Page '0 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 she knew, went into different grocery stores and bought liquor and later died right in his truck in front of the bus stop. Mary feels Laurel already has too many establishments for this now. At this time, Mr. Richardson was asked to answer the questions Ray Willis had regarding the controls. Mr. Richardson said he would let Peggy respond to those but he did have a comment first. He said the people are speculating about the problems they feel will arise but he said they need to look at the record of the other stores where they already have the on-premise license and have had no problems. Peggy responded to Mr. Willis saying she is not going to jump in front of a person who is determined to leave with liquor and she doesn't encourage any of her employees to do that either. She would get a license plate number and the direction they take off in and immediately call the police. She said this is really no different then when a person drives off without paying for their fuel. She said that with the current license that they have, a customer who buys a six pack of beer can pop the top before he reaches the door so she doesn't know if that's an added problem they have to face or not. Motion by Alderwoman Kilpatrick to enter the protest petitions with approximately 240 signatures and a letter of support from Yellowstone Bank, into the record, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderman Graham to close the public hearing, seconded by Alderman Orr. Motion carried 7--0. Alan Crowe was asked what he thinks of this and he stated he has checked with other towns who have this on-premise license and there have been no added enforcement problems. There have been no noticeable increases in alcohol related driving violations that they can actually pinpoint. Alan said that the internal controls are up to Town Pump. He said, "I'm not sure that what we're looking at is going to create any more of a problem than any other store that sells liquor or beer on a carry out basis." Ron Marshall asked Joe Bradley if the council actually has the legal right to deny this license. Joe said the council has some discretion but primarily this is a zoning procedure with criteria set forth in the Code Book in Title 17, Chapter 80 and Chapter 88. Joe said specifically you are looking at compatibility of this proposed use to surrounding land use. Is this used within the spirit and the intent of our land use? Joe said that as a zoning question, there is little grounds for the council to turn this down. He said you can take in all the circumstances surrounding the application and impose reasonable restrictions. Joe said most of these comments heard tonight would be properly addressed to the Department of Revenue because the comments deal with whether we should have liquor licenses. We have a quota in this town and the council did not set it, so whether we need another bar or tavern is a question for the legislature. Joe said you are not going to be limiting the number of alcoholic establishments in town by turning this downy it will eventually go someplace else in this town. Bruce Teeters said it appears that Town Pump only wants this license in order to have the poker machines. Bob Graham stated his opposition to this license because he does not feel gas and beer should be sold at the same place. L.D. Collins said he does not feel the problem would be with professional drivers but rather with people who just stop for gas, have a meal with a couple of beers and then take a 12-pack with them as they leave. They are a loaded bomb. He feels you could not pay a professional driver enough to get them to take a pack of beer. Discussion followed among the council whether they could legally turn this license down and if that should happen, what could Town Pump do. Page 11 Council Meeting of May 1, 1990 Minutes of the City Council of Laurel Motion by Alderman Orr to approve the Pump, subject to the conditions outlined seconded by Alderman Teeters. Special Review for Town by the manager tonight, Joe Bradley stated that if the council wants to impose reasonable restrictions, they should be in the motion. He said the council has to ask themselves why they should treat Town Pump any differently than other 13 establishments in town who have this license. Joe said all the worries and fears expressed here tonight can happen at any one of them. To use the word discrimination loosely, why should they be treated any differently than the others who already have this license and can do what you are worried about. Joe said if it is a problem of enforcement, that the city can't properly enforce our ordinances down there, that becomes our problem as a city and not the applicant's problem. We, as a city, would need to do something differently. Motion by Alderman Marshall Review until the next meeting, Motion defeated 5--2. to table a seconded by decision on the Special Alderwoman Kilpatrick. At this time a vote was taken on the motion to grant the Special Review. Motion defeated 6--1 with Alderman Orr voting, "YES." Joe Bradley said the procedure is that the motion can be brought up one meeting later for reconsideration if an alderman who voted against it asks for reconsideration. A recess was taken from 9:20 p.m. to 9:30 p.m. LAUREL CARE CENTER - FOURTH OF JULY PARADE ROUTE: Linda Collins , representative of the Laurel Care Center, stated that last month she was concerned about the parade route and if it would go by the Care Center. She has since talked to Sandy Stevenson of the Chamber of Commerce and found out they are in charge of the route and it was approved to go by the Care Center. Linda said the council has been so supportive of the Care Center in the past and they really appreciate it. They are asking for continued support in the future for the sake of the residents who live there. RESOLUTION APPROVING 3-YEAR LEASE WITH LAUREL MUSEUM, INC. This item will be tabled until the May 15th meeting. RESOLUTIONS APPROVING AGREEMENTS WITH FIRE DISTRICTS: RESOLUTION NO. 2438 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 5, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Orr that Resolution No. 2438 be passed and adopted, seconded by Alderman Graham. Motion carried 7--0. RESOLUTION NO. 2439 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND RURAL FIRE DISTRICT NO. 7, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Graham that Resolution No. 2439 be passed and adopted, seconded by Alderman Marshall. Motion carried 7--0. RESOLUTION NO. 2440 Page 12 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND CARBON COUNTY FIRE DISTRICT NO. 8, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Orr that Resolution No. 2440 be passed and adopted, seconded by Alderman Marshall. Motion carried 7--0. RESOLUTION NO. 2441 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Collins that Resolution No. 2441 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. RESOLUTION NO. 2442 A RESOLUTION APPROVING A CONTRACT BETWEEN THE LAUREL URBAN FIRE SERVICE AREA AND THE CITY OF LAUREL, SAID AGREEMENT RELATING TO FIRE PROTECTION Motion by Alderman Marshall that Resolution No. 2442 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of April 17, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of April 17, 1990, into the record, seconded by Alderman Orr. Motion carried 7--0. --Budget/Finance Committee minutes of April 18, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of April 18, 1990 Alderman Orr. Motion carried 7--0. to enter the Budget/Finance into the record, seconded by --Budget/Finance Committee minutes of April 25, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of April 25, 1990, into the record, seconded by Alderman Collins. Motion carried 7--0. --City Council Committee of the Whole minutes of April 17, 1990 were presented. Motion by Alderman Collins to enter the City Council Committee of the Whole minutes of April 17, 1990, into the record, seconded by Alderman Teeters. Motion carried 7--0. --City License Committee minutes of April 30, 1990 were presented and reviewed. Motion by Alderman Collins to Accounting Firm a city business Marshall. Motion carried 7--0. grant Cosner & Dennis-Williams license, seconded by Alderman Discussion regarding the application by ABC TV & Appliance Service and the fact that there are no sanitation services available at this location. Page 13 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 Motion by Alderman Graham to approve a city business ABC TV & Appliance Service, pending a fire inspection, Alderman Marshall. Motion carried 7--0. license for seconded by Discussion followed regarding possibly moving Committee Reports to the first part of the agenda so people who are present for specific items do not have to wait so long. Joe Bradley said he thought the order of the agenda was set by ordinance and if the council wants to change it, they would need to amend the ordinance. L.D. Collins stated he would like to bring a carnival to town over Labor Day weekend and it was discussed at the City License Committee meeting. The carnival would come from Oscars Dreamland and would be held off Main Street between the two Blackburn buildings. L.D. said he spoke with several of the business people in town and they felt it would be a wonderful idea. Joe Bradley said liability insurance is required and the city needs to be named as one of the insured. It was stated that it would require a city business license. L.D. spoke to Dave Michael about the cost of having four garbage cans there for three days and Dave said it would run $ 48.00 for the garbage service. The carnival will bring it's own porta pots. In regard to a comment about safety, Police Chief Crowe stated he feels there are better places to hold this than on Main Street on a busy holiday weekend. L.D. said they asked Oscar about other locations around town and he did not want to come if it wasn't centrally located in town. This is being put on by the merchants and the proceeds will be divided between the Herbstfest Committee, the Library and the Christmas to Remember Committee. L.D. stated he will purchase the business license in his name and he is seeking permission from the council to do this in advance to he can be assured that the carnival will come. Motion by Alderman Graham to grant L.D. Collins permission to apply for a city business license for a carnival to come in September, seconded by Alderman Marshall. Motion carried 7--0. Motion by Alderman Collins to enter the City License minutes of April 30, 1990, into the record, seconded by Kellogg. Motion carried 7--0. Committee Alderman --Fire Committee minutes of April 23, 1990 were presented and reviewed. Motion by Alderman Marshall to enter the Fire Committee of April 23, 1990, into the record, seconded by Alderman Motion carried 7--0. minutes Collins. --Parks Committee minutes of April 26, 1990 were presented and reviewed. The Mayor excused himself and left the council chamber while the Parks Committee minutes of April 26, 1990 were reviewed. Bob Graham, City Council Vice-President, presided over the meeting. Motion by Alderwoman Kilpatrick to hire Lee Langlinais for Pool Manager and Mike Gauthier for Assistant Manager, seconded by Alderman Orr. Motion carried 6--0 with Alderman Teeters abstaining. Motion by Alderwoman Kilpatrick that we increase the price of the swimming pool passes from 40 to 50 cents (in books of 20) with the individual ticket price remaining at $ 1.00, seconded by Alderman Kellogg. Motion carried 7--0. Pate 14 Minutes of the City Council of Laurel Council Meeting of May 1, 1990 Motion by Alderwoman Kilpatrick to hire Anne Easton as Recreational Director, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of April 26, 1990, into the record, seconded by Alderman Orr. Motion carried 7--0. The Mayor returned to the meeting at this time. --Thomson Park Shelter Committee minutes of April 25, 1990 were presented and reviewed. Motion by Alderwoman Kilpatrick to Committee minutes of April 25, 1990, Alderman Collins. Motion carried 7--0. enter the Thomson Park Shelter into the record, seconded by Discussion followed regarding the fee for using the shelter and Darrell McGillen stated the article in the Laurel Outlook was misleading. The shelter is for the general use of the public but if a specific group wants exclusive use of the shelter for a certain time, a fee of $ 10.00 would be charged. This date would be recorded on a calendar in the Engineer's office and this would guarantee the party use of the shelter when they want it. A board will be placed at the shelter and reservations will be posted on it for everyone's knowledge. Motion by Alderman Collins to enter Committee minutes of April 25, 1990 into Alderman Graham. Motion carried 7--0. the Thomson Park Shelter the record, seconded by In regard to the culvert at Nutting Park, Dave Michael said they are waiting for written approval from the ditch company. There being no further business to come before the Council at this time, the meeting was adjourned at 10:17 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 15th day of May, 1990. of T~ST: Donald L. Hackmann, City Clerk