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HomeMy WebLinkAboutCity Council Minutes 11.07.1989Minutes of the City Council of Laurel November 7, 1989 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 November 7, 1989. 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 Reiser. MINUTES: Motion by Alderman Dickerson to approve the minutes of the regular meeting of October 17, 1989 and the special meeting of October 24, 1989, as presented, seconded by Alderman Collins. Motion carried 8--0. CORRESPONDENCE: Received a letter of resignation from Adele Zink from the Laurel Library Board of Trustees. Motion by Alderman Collins to accept the Zink from the Laurel Library Board of Trustees, Marshall. Motion carried 8--0. resignation of Adele seconded by Alderman Received correspondence from W. Anderson Forsythe, Attorney, Volk Construction and the EPA project at the wastewater plant. regarding treatment Received a letter from the Montana Department of Fish, Wildlife and Parks regarding grant application deadlines. Received a letter from the Montana Department of Health and Environmental Sciences regarding the chemical analysis of the water supply for the City of Laurel. The water supply is in compliance with the National Interim Primary Drinking Water Regulations, as set by the Safe Drinking Water Act. Received a copy of a letter written by Cal Cumin, Director of the Economic Development Office, to the Billings Chamber of Commerce regarding Montana Tradepost. Received a letter from the Montana Department of Highways regarding a memorandum of understanding for the Maryland Lane resurfacing project. Also, received an article titled Montana's Highway System and Future Federal Funding. Received a letter from the Montana Statehood Centennial Office regarding a meeting today in Helena regarding the Montana Centennial Tree Program. CLAIMS: Claims for the month of October 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 $ 228,655.98 for the month of October, seconded by Alderman Orr. Motion carried 8--0. PUBLIC REARING - SWEGKER'S SPECIAL REVIEW FOR GROUP ROME: This being the time and place advertised, a public hearing was held. OPPONENTS: None Page Z Minutes of the City Council of Laurel Council Meeting of November 7, 1989 PROPONENTS: Larry Burns, Family Resource Specialist with the State Department of Family Services, spoke on behalf of Mr. and Mrs. Swecker. They are asking to have their license changed from a foster family home to a group home status. Larry said the children and the care remain the same but Family Services requires more of the Sweckers in reference to their standards. The children that will be placed by county social workers will be basically the same children that they have had for the past thirteen years. Larry said Family Services go to the home and cover a variety of standards which include treatment records for all children, food menus on file, written discipline policies, and admission and discharge plans for all children. Everyone must be instructed on an escape plan in case of a fire and they must be able to operate a fire extinguisher. Also, the home must be equipped with adequate smoke detectors and the Swecker's must pass a fire inspection by the city. Larry said he is in the process of licensing at this time. He has had two meetings with them and Mrs. Swecker has visited another group home to gain information about the operation of a group home. He is now waiting for their Articles of Corporation by-laws to be completed and there is still some paperwork yet to be done to receive the license. Larry said it is their intention to issue the Swecker*s a license for a foster care group home for seven once they have completed the requirements. It was questioned and clarified by Joe Bradley that the only difference between the foster home and the group home would be the addition of one more child and Larry agreed. It was questioned as to what recourse the neighbors would have if problems should arise. Larry stated that individuals with a complaint should call the Family Services office in Billings and they will check to see if there are any licensing violations. He said that if there is ever a complaint that children are not being cared for appropriately, an investigation will always be done. It was questioned whether the Sweckers could, at some point in the future, apply for more children. Larry said they could apply for more but his office has no intention of licensing them for more. In his conversations with the Sweckers~ they have no intention of applying for more children. In response to a question concerning state law, Larry said the city cannot deny them a group home under Section 76-2-412 of the MCA Youth Group Homes. Larry said that when the paperwork is completed and the license is issued, his office will notify the city and at that time, the status will change from a foster home to a group home. The children in the home will be between the ages of 12 and 18. Larry said the length of stay in a group home tends to run longer than for a foster home, with the children being in a group home for a period of six months or longer. When asked why they want to have a group home, Mrs. Swecker stated that she feels these kids need to be given a chance and they are willing to open their home to them. They have been foster parents for 28 years and have had success at it with the children going on to lead productive lives. At times they have had to have children removed from their home for various reasons, but the kids have went on to succeed. The City Clerk received two letters regarding the home. The first was an informational letter from Mr. Burns and the second was a letter from Russell Bray who spoke in favor of a foster home rather than a group home. Joe Bradley stated that the complete record of the City-County Planning Board's hearing on this matter has already been submitted to the council. Page 3 Minutes of the City Council of Laurel Council Meeting of November 7, 1989 Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Marshall. Motion carried 8--0. DECISION ON SWECKER APPLICATION FOR A GROUP HOME: Joe Bradley stated that what is before the Council now is whether to grant or deny the Swecker's application for special review for the location of the group home. Cal Cumin stated that the Planning Board recommended approval of this application and it does conform to the zoning requirements. They did recommend that the council hold the public hearing which was a discretionary hearing and that the number of children be limited to seven as a condition of the city. The seventh child cannot be placed in the home until proof of State licensing is presented to the City. Cal stated that two hearings have been held on this and a lot of ground was covered in these hearings. Joe Bradley stated that these who opposed it were present at the hearings and were essentially satisfied as to what the city can or cannot do and that is why they are not present tonight. Motion by Alderman Graham to accept the recommendation of the Planning Board that the application by the Swecker's be approved subject to the number of children being limited to seven and that all proof of state licensing be presented to the city before the seventh child is placed in the home, seconded by Alderman Marshall. Motion carried 8--0. DR. KERNS - SPECIAL REVIEW APPLICATION FOR A LIMITED KENNEL: Cal Cumin stated the Planning Board recommended that no public hearing be held on this application since no one was present to oppose it at the hearing the Planning Board held. It meets all the codes, the zoning is proper and there have been no protests from the neighbors. Motion by Alderman Dickerson to accept the Planning Board's recommendation to approve Dr. Kerns' application for a limited kennel, seconded by Alderwoman Kilpatrick. Motion carried 8--0. LAUREL FEDERATED WOMEN'S CLUB - PERMISSION TO USE FIREMEN'M PARK: Jean Carroll Thompson spoke on behalf of the Laurel Federated Women's Club who will be sponsoring the state wide bell ringing on November 8th. The group will have a presentation in the Movie Haus at 10:00 a.m. and then would like to have the actual bell ringing at Firemen's Park. Three bells will be placed in the park for ringing and it will last approximately 15 minutes. The fire siren will be rung at 10:40 a.m. along with school and church bells to commemorate the signing which made Montana a state 100 years ago. There will also be a fly over by Air Force jets at 10:42 a.m. Motion by Alderman Dickerson to grant the Laurel Federated Women's Club permission to use Firemen's Park on November 8th for the centennial bell ringing, seconded by Alderman Orr. Motion carried 8--0. CHRISTMAS TO REMEMBER - CHRISTMAS ACTIVITIES: Jean Carroll Thompson spoke on behalf of the Christmas to Remember Committee and requested permission to hold several different activities on Sunday, December 3rd. They would like to invite the Mayor to speak at the opening ceremony and they would like to have City Hall lit up for the occasion. The trolley will be in town from 1:00 to 5:00 p.m. and will be giving rides on the downtown streets. They carry their own liability insurance. Pa e 4 Minutes of the City Council of Laurel Council Meeting of November 7, 1989 Jean Carroll also requested that the Mayor proclaim the first weekend in December as the Christmas to Remember Weekend. At this time the events are held on just one day, but in the future they would like to expand the activities to cover two days. The Christmas to Remember Committee is a nonprofit organization which is registered with the state and they carry insurance on this event. A parade will be held again this year and they would like the people to line up between 3rd and 4th Streets on First Avenue, parade south on First Avenue to Main Street, turn east on Main and congregate in the street by Firemen's Park to watch the fireworks display. They would like to have First Avenue closed for the time it takes the people to parade down it and then they would like to have Main Street closed from First Avenue to Montana Avenue from 4:45 p.m. to 5:45 p.m. Motion by Alderman Dickerson to grant the Christmas to Remember Committee permission to hold their activities on December 3rd and to block Main Street from First Avenue to Montana Avenue from 4:45 to 5:45 p.m., seconded by Alderman Graham. Motion carried 8--0. CASH TRANSFER - LIBRARY FUND: RESOLUTION NO. 2421 A RESOLUTION TRANSFERRING CERTAIN FUNDS OF THE CITY OF LAUREL, MONTANA Motion by Alderman Dickerson that Resolution No. 2421 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. EMERGENCY PLAN OPERATION: RESOLUTION NO. 2422 EMERGENCY OPERATIONS PLAN Motion by Alderman Dickerson that Resolution No. 2422 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 8--0. The Mayor stated that D.L. McGillen had the opportunity to review this resolution and the changes he recommended were made. Darrell stated that one concern he and Alan Crowe had was that on any emergency within the city limits of Laurel or the surrounding area, the Laurel communications center will still be the controlling center. They were concerned that it might go through Billings. MEMORANDUM OF UNDERSTANDING - MARYLAND LANE PROJECT: EESOLUTION NO. 2423 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAUREL AND THE MONTANA HIGHWAY DEPARTMENT RELATING TO RECONSTRUCTION OF LAUREL-MARYLAND LANE Motion by Alderman Dickerson that Resolution No. 2423 be passed and adopted, seconded by Alderman Orr. Motion carried 8--0. Dave Michael reported that this is an overlay project on Maryland Lane from 6th Avenue to Washington. There is a slight chance this could be done next summer but if not then, it would be done in 1991. Dave said the city has an agreement with the county to open up Maryland between Washington and Alder. The county will supply the equipment and the city would need to supply the manpower to do it but at this time, the city is short on manpower to undertake this project. Pages Minutes of the City Council of Laurel Council Meeting of November 7, 1989 PIPELINE EASEMENT: RESOLUTION NO. 2424 A RESOLUTION APPROVING A PIPELINE EASEMENT BETWEEN THE CITY OF LAUREL AND WILLISTON BASIN INTERSTATE PIPELINE COMPANY Motion by Alderman Dickerson that Resolution No. 2424 be passed and adopted, seconded by Alderman Rodgers. Motion carried 8--0. Bennie Oas, P.O. Box 131, Glendive, spoke on behalf of the pipeline company. He stated that the gas pipeline has to be moved to allow for future construction on the Yellowstone River bridge. His company is asking for an easement so the pipeline can cross the northeast corner of the water plant property. GARBAGE TRANSFER SITE: At this time a portion of the Garbage Committee minutes of November 6th were reviewed. Bob Graham presented a video of the three proposed sites as stated in the Garbage Committee minutes of November 6, 1989. He did not take a video of the city shop property. He then presented the pros and cons of each property. Assets concerning the Nave property are that it is close to the existing dump, it has a well and septic tank on its and it also has an old building which could possibly be used for storage. There have been no objections to this property from the public and the city currently has a buy-sell on it for $ 16,000.00. Also, road accessibility is very good because it is over a well maintained state highway. The objection to this site is that there is no room for expansion. Bob Graham questioned what the city will do if it ever goes back into the landfill business as a Class III dump. This site has only 10 acres and he feels we could soon be out looking for more land and facing the possibility of higher prices. He did state that the city will be using it to dump sludge from the sewer plant and concrete and asphalt from the streets. In regard to the Moss Main site, Bob stated it was ranked fourth because of the $ 150,000.00 cost. To lease it, it would run $ 3,500.00 a month. He said the building is almost ideal for a transfer site but the road leading into it would require maintenance in the winter. One point in favor of this site is that the property is out of the view of the public, but Bob stated it is to small to ever consider using it for a Class III landfill or to even dump the city's waste on it. The city property was ranked number two on the list because there would be no cost to the city. This location has limited space so there could be no building, only an open space surrounded by a fence. There is also some question as to whether the trucks could turn around in it. Bob surmised whether city residents would want a transfer site in the middle of the city. It was also stated that the area is a state recognized floodplain. The Valley Drive property was ranked number three. Assets to this property are that it is out of view of the public and it has room for expansion if the city ever goes with a Class III landfill. Bob personally feels this is the long term answer to Laurel's garbage problem. One drawback to this site is the road. Bob checked with the county surveyor and it would cost between $ 3,000.00 and $ 6,000.00 to hire a contractor to come in and make the road accessible for both the garbage trucks and lighter weight vehicles. This cost could possibly be reduced if the city crew could do the work. Another objection is that the Valley Drive residents do not want to see garbage dumped in their location. Page6 Minutes of the City Council of Laurel Council Meeting of November 7, 1989 The price on this land is $ 1,500.00 per acre for as many acres as the city would like with the option to buy more, if so desired, at some point in the future. Discussion followed regarding what the city's objectives are for the present and also for the future. Dave Michael recommends that the city haul its residential or Class II garbage to Billings in the trucks and have a transfer site for the Class III garbage. Then, at some point in the future when the garbage fund can afford it, the city would erect a building and go to a full transfer site for all garbage. Dave said he doesn't look for this to happen for several years. Jim Flisrand agreed with Dave and stated that when the last garbage truck was purchased, it was done so with this plan in mind. L.D. Collins feels that eventually every city in the U.S. is going to have to get into the recycling process and he feels that Laurel might as well come to the realization that we are going to have to do this. He feels that when we build our transfer site, we need to do it to accommodate recycling and the funds can then be directed back to Laurel. Motion by Alderman Rodgers to postpone a decision on this item until the next council meeting, seconded by Alderman Orr. Motion carried 8--0. Mayor Gauthier clarified the situation regarding the Nave property. He stated this was an offer from Mrs. Nave and was being presented to the council as just that. It does not represent a contract or a buy-sell. If the council would approve it, it would then become a buy-sell. Joe Bradley contacted Mrs. Nave and she has no objection to waiting one council meeting and her offer will stay open until the next meeting. CIVIL FEES: ORDINANCE NO. 956 (first reading) ESTABLISHING CIVIL FEES IN CITY COURT Joe Bradley stated that the jurisdiction of the city court in Laurel was expanded by the last legislature. Any private citizen can now file a civil suit against a fellow citizen in civil court, up to a maximum of $ 3,500.00 in damages. This ordinance would establish fees the same as those required in justice court. Motion by Alderman Dickerson that Ordinance No. 956 reading) be passed and adopted, seconded by Alderman Marshall. call vote was taken and all aldermen voted, "YES." Motion 8--0. (first A roll carried COMMITTEE REPORTS: --Budget/Finance Committee minutes of October 17, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of October 17, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --Building Committee minutes of November 6, 1989 were presented and reviewed. Motion by Alderman Dickerson to accept Laurel Museum's request to pay 1/9 of the utility bills or $ 40.00 per month, whichever is less during the period covering October 1, 1989 to April 30, 1990, seconded by Alderman Graham. Motion carried 8--0. Page? Minutes of the City Council of Laurel Council Meeting of November 7, 1989 In reference to the lease, Joe Bradley stated there is a provision which allows the museum to get out with 30 days notice and/or the city could kick them out with 30 days notice if necessary. Since they have proven themselves, Joe said this provision can be dropped and still keep the one year lease when the contract is renewed next June. It was stated the museum would like a three year lease so they can apply for grants and book traveling exhibits which need to be done far in advance. It was decided to wait until next spring to draw up a new lease for the museum since the other lease does not expire until June of 1990. Chuck Dickerson stated that Laurel Museum, Inc. has proven itself in the past year and is an asset to the city. He feels we need to maintain this building and do our part to help ensure its continuance. He requested that the city look into doing something within the next two months, to solve the problem of the leaky roof. He suggested attaching to City Hall in a way so that the water would run off the roof and not be allowed to puddle, which is where the problem comes from. Motion by Alderman Dickerson to enter the Building minutes of November 6, 1989, into the record, seconded by Collins. Motion carried 8--0. Committee Alderman --City Council Committee of the Whole minutes of October 17, 1989 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of October 17, 1989, into the record, seconded by Alderman Rodgers. Motion carried 8--0. --Garbage Committee minutes of November 6, reviewed. 1989 were presented and In regards to the minutes, Alderman Graham stated the discussion between the Mayor and the City Attorney was handled quite well and he felt the issue was resolved to his full satisfaction. Motion by Alderman Graham to enter the Garbage Committee minutes of November 6, 1989, into the record, seconded by Alderman Marshall. Motion carried 8--0. Dennis Johnston, B.F.I. representative, stated he has spent two months in Carbon County giving presentations regarding what a transfer site is and how his company handles the four that they operate in this area. He will give a presentation to the Garbage Committee at their next meeting and present a proposal for taking over the garbage duties in Laurel. --Parks Committee minutes of October 23, 1989 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks minutes of October 23, 1989, into the record, seconded by Orr. Motion carried 8--0. Committee Alderman --Street and Alley Committee presented and reviewed. minutes of October 19, 1989 were Motion by Alderman Collins to accept Dick Black's from the Street and Alley Committee, seconded by Alderman Motion carried 8--0. resignation Dickerson. Motion by Alderman Collins to enter the Street and Alley Committee minutes of October 19, 1989, into the record, seconded by Alderman Dickerson. Motion carried 8--0. At this time Alderman Dickerson left the meeting. Page 8 Minutes of the City Council of Laurel Council Meeting of November 7, 1989 COMMENTS FROM THE AUDIENCE: SNOW REMOVAL ASSESSMENTS Ray Willis, Pastor of Calvary Baptist Church, stated he received the tax statement for the church and he feels the snow removal item for $ 250.00 is way out of line. They have six acres of property but only one street is adjacent to the property. According to the clerks office, Ray said they take the property owned and transpose city lots over that by the square foot. Therefore, since Calvary Baptist owns six acres, they are charged for six acres worth of lots and he feels this is unfair. Ray said the businesses downtown receive direct benefit of the plowing and only pay eight or ten dollars. The church in turn, sits out on West 9th Street and has not been plowed in the nine years that he has been pastor of the church and they are paying $ 250.00. Ray said they are not asking to be treated any differently than anyone else in the sense that they pay their fair share, but he feels this is a lot of money when they receive no direct benefit on 9th Street. In conclusion, Ray asked if there is any way they can have this amended and if so, how can they go about doing it. Joe Bradley stated the city can do nothing for the current tax year, but the church can pay the taxes to the county under protest, if they choose to do so. Joe said it may be possible to convert the method of snow removal assessment city wide from lot area to street frontage, as allowed by state law. Years ago when the snow removal district was established, the city chose to go with the method of assessing by lot area, but this could be amended for the next tax year. Joe said that by assessing on street frontage, it would reduce taxes for people in the church's position who have short frontages and a lot of area but it would greatly increase assessments for people who live on corner lots with an alley. The church has three acres which are tax exempt for religious purposes but Joe said they have never been exempt from lighting and snow removal districts. It was suggested and Joe will check the statutes to see if they can be exempt for the same things that the state requires they be exempt for. This item will be put on the agenda for the next council meeting. CAT PROBLEM Ray Willis stated that he came before the council last spring regarding a cat problem in his neighborhood. He was out of town when it was decided by the council to do nothing, but he stated he still has a cat problem. The animal control officer came to his door after receiving a complaint about his barking dog. Ray said neighborhood cats climb his chain link fence to eat his dog's food, they come in his yard and one even tried to nest under his deck until his dog ran it off and when trying to find out what recourse he has concerning nuisance cats, he was told it is his problem. The animal control officer will not handle any cats because the city does not have an ordinance regarding nuisance cats. He feels the burden of this then falls on the dog owner. Joe said the city does have a nuisance ordinance but it applies to an animal that is destroying property or making a disturbing noise and it does not address the problem Ray is having. Joe said the council may need to redefine the ordinance regarding what a nuisance is. More discussion followed and it was clarified that the animal control officer deals with any animal that fall under the nuisance ordinance. MAYOR'S COMMENTS: The Mayor appointed Donald Turley as a new police officer to replace Eric Adams, effective November 13, 1989 for a one year probationary period. Page 9 Minutes of the City Council of Laurel Council Meeting of November 7, 1989 Motion by Alderman Orr to confirm the Mayor's appointment of Donald Turley as a new police officer, effective November 13, 1989, seconded by Alderman Rodgers. Motion carried 7--0. Darrell Lee McGillen informed the council that Don Hedges retired from the fire department after 22 years of service and he would like a letter of thanks sent to him. He would also like one sent to Jim Hatten who had to resign from the department due to his relocating in Havre. Jim has been with the department for 12 years. The Mayor stated that at the beginning of the year several positions will be coming up for reappointment. Those positions are City Attorney, City Clerk, Police Chief, Assistant Public Works Director and a new Public Works Director. The Mayor would like to set up a time to meet with each person individually and go through a review process with them. There being no further business to come before the Council at this time, the meeting was adjourned at 9:27 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 21st day of November, 1989. of ATTEST: Donald L. Hackmann, City Clerk