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HomeMy WebLinkAboutCity Council Minutes 08.16.1988Minutes of the City Council of Laurel August 16, 1988 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 August 16, 1988. COUNCIL MEMBERS PRESENT: Ervin Wood Bob Graham Chuck Rodgers L.D. Collins Chuck Dickerson Norman Orr Bruce Teeters COUNCIL MEMBERS ABSENT: Donna Kilpatrick INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Dickerson to approve regular meeting of August 2, 1988, as presented, Orr. Motion carried 7--0. the minutes of the seconded by Alderman Motion by Alderman Collins to approve the minutes special meetings on August 3, 1988, seconded by Alderman Motion carried 7--0. of the two Dickerson. Motion by Alderman Dickerson to approve special meeting of August 8, 1988, as presented~ Graham. Motion carried 7--0. the minutes of the seconded by Alderman CORRESPONDENCE: Received the minutes and activity report for the month of July from the Air Pollution Control Board. Received a copy of a letter to Ace Electric from the BPC Risk Management Claims administrator regarding the claim by Ray Fiechtner. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of July were presented. Motion by Alderman Orr that the City Clerk and City Treasurer's financial statements for the month of July, 1988~ be approved, seconded by Alderman Collins. Motion carried 7--0. CHAMBER OF COMMERCE TOURIST INFORHATION BUILDING: Sedley Barsness, President of the Chamber of Commerce, stated that at a previous meeting the Council granted the Chamber the Superhost Program. This is an official program sponsored by the State of Montana and they have set guidelines for each participant to follow. The first guideline is to have a room large enough to display all tourism information and to be able to walk freely around it. Secondly, a public restroom must be provided in the building and the final requirement, is to provide wall or counter space to display a state and city map as a reference guide for tourists. The Chamber now needs an area large enough to be able to set up the racks to display the information properly. Sedley stated there are approximately 150 different pieces of tourist information and each piece contains 25 to 100 additional copies. The Chamber suggested trading sides with the Retired Men~s Club who currently occupy the larger portion of the building but the men~s group is against this, stating the smaller side would not provide enough room for their needs. It was stated that the men's club has made many improvements to the room and building such as repairs to both the interior and exterior including a new roof, new plumbing, carpeting, and a stove to heat the room. Discussion followed concerning whether the groups have checked locating elsewhere, the terms of the lease on the building, and possibility of both groups using the same space. ~ into the Page2 Minutes of the City Council of Laurel Council Meeting of August 16, 1988 Joan Ringling stated there are between 10 and 20 tourist that stop per week. This number could greatly increase if the location is advertised. Joan stated that near Rockvale there is a billboard sign for Custer Country Tourism Region which includes Laurel. This sign advertises two events that are taking place each month and they are willing to place the notation "For your Custer Country information, stop at the Laurel Visitor Center" on the bottom of this billboard. Joan said this cannot be done until a location has been decided upon and the materials are set up and available. Bob Burns, member of the Retired Men's Club, stated the club was formed in 1967 to give the retired men something to do with their spare time. The club currently has 35 active members. Bob said the club has put out $ 1,606.00 on the building for upkeep with some of the money coming from the members' own pockets. Bob said their source of revenue comes from the winner of the card game donating 10 cents of the 25 cent winnings to the kitty for upkeep on the building. He stated they pay insurance, half the gas bill, part of the light bill, and they also pay a janitor to clean. They have also been known to donate to worthy groups and organizations around town and Bob feels the group is a positive influence to Laurel. It was stated that the group came to the City Council in 1967 and was granted permission to use the building as long as they take care of the maintenance on the building. Bob felt it would not work having the two groups share the building. He stated the language can be questionable during a card game and he does not want tourist families exposed to this. Joe Bradley stated that all improvements made by the Men's Club are considered their rent over the years and if the club would decide they do not want to share the building and have to move, nothing can be taken from the building. Sedley stated the Chamber has gotten a delay from the State on setting this up and another two week delay will not hurt anything. Motion by Alderman Collins to postponed a decision on this item until the next regular Council meeting to allow the Men's Club to meet and discuss it, seconded by Alderman Graham. Motion carried 7--0. HERBSTFEST PAItADE ROUTE: Jean Carroll Thompson and Connie Penne, Merbstfest Committee members, came before the Council to request a change in the parade route. This change was requested by the Laurel Care Center to allow the residents to view the parade. The parade will start at the corner of East 6th Street and Wyoming Avenue, traveling south to Main Street, west to First Avenue, north to 6th Street, west to 3rd Avenue, north to 9th Street, east to 2nd Avenue, and south to the old north school lot where the parade will disband. Motion by Alderman Collins to approve the Herbstfest parade route as presented, seconded by Alderman Rodgers. Motion carried 7--0. Jean Carroll stated that at a Merbstfest Board meeting she and Connie Penne were appointed co-chairmen of the Herbstfest Downtown Coordinators. They attended a meeting of the Retail Trades Committee and heard many ideas that the downtown would like to sponsor and hold during Herbstfest weekend. Jean Carroll said the Herbstfest Board was polled to get their opinion on this and it is their consensus that they will support anything the community is doing to promote this. Jean Carroll introduced Richard Barnhardt who will present a proposal of activities that the group of business people would like to support. Richard Barnhardt stated that the original Herbstfest in Germany was held in the streets and the Laurel downtown merchants would like to bring some of the people and money that is spent at the High School to the downtown area. They propose to do this by closing off First Avenue from Main Street to First Street on Friday September 23rd, from Minutes of the City Council of Laurel Page 3 Council Meeting of August 16, 1988 1:00 p.m. to 5:00 p.m. The south half of the block would be closed to make room for food booths on the sides and tables with umbrellas in the middle. There would also be live music provided by area musicians with room for dancing in the center of the block. The north end of the block would be used to accommodate a ramp for bicycle tricks. Joe Bradley asked if beer would be served and Richard stated it would not. Discussion followed concerning the closure of First Avenue which is a State highway and the heavy traffic on Herbstfest weekend. There was some question as to who is sponsoring this. Richard said a committee called the Business Association will be meeting for the first time this week and they are sponsoring it. After more discussion, Joe said it is a good idea but he recommends the Council deny the request this year because the Council needs official sponsorship from some committee or organization and time is running out. Joe feels that right now Richard Barnhardt is the sponsor. Sandy Sanderson, owner of LeDuc Jewelers, stated the idea is a very good one and he doesn't want to see it totally done away with this year. He feels the First Street location would be as good if not better than the First Avenue one. Motion by Alderman Graham to approve the idea location from First Avenue to West 1st Street between 2nd Avenue, seconded by Alderman Orr. but move the 1st Avenue and More discussion followed. Motion by Alderman Teeters to amend the motion to have an organization sponsor this downtown event and report back to the Council at the next meeting, seconded by Alderman Graham. Motion carried 7--0. At this time a vote was taken on the original motion as amended, which now reads as follows: to approve the idea but move the location from First Avenue to West 1st Street between 1st Avenue and 2nd Avenue and to have an organization sponsor this downtown event and report back to the Council at the next meeting. Motion carried 6--1 with Alderman Teeters voting, "NO." ORDINANCE ON CURFEW IN CITY PARKS: Police Chief Alan Crowe stated his department has received complaints concerning the transients who travel through town and spend the night in city parks, especially Firemen~s Park. Alan said the police cannot do anything with them because they do not have the authority since there is no curfew in effect. Joe said we are talking curfew but what is meant is to actually close the parks from a certain time to a certain time. He talked with Donna Kilpatrick, Park Committee Chairman, and both she and Alan suggested it be the same as the juvenile curfew which is 11:00 p.m. on week nights and 1:00 a.m. on weekends. A time would then need to be set when they would re-open each day. This would include every city. park with the exception of Riverside Park, which has campers. Motion by Alderman Dickerson to direct the City Attorney to draw up an ordinance to close all city parks, with the exception of Riverside Park, between 11:00 p.m and 6:00 a.m. on weekdays and between 1:~00 a.m. and 6:00 a.m. on weekends~ seconded by Alderman Graham. More discussion followed. At this time the vote was called for and there being a division of the Aldermen Wood, Orr, Collins and Graham, Dickerson, and Teeters house, a roll call vote was taken. Rodgers all voted, "NO." Aldermen voted, "YES." Motion defeated 4--3. Minutes of the City Council of Laurel Page 4 Council Neeting of August 16, 1988 Joe stated this idea as proposed was defeated but he asked if there is another one the Council would like drawn up. Motion by Alderman Dickerson to postpone this item until the September 6th meeting so Council members can further think this over, seconded by Alderman Graham. Motion carried 7--0. AGREEMENT WITH YELLOWSTONE COUNTY FOR FIRE PROTECTION: Darrell L. McGillen explained that the fees assessed for the new Fire Service Area are for the structures on the land only. This leaves the grasslands, the forest lands, and the farm lands unprotected. According to the Rural Fire Protection state law, Yellowstone County must provide, through some agency, protection for these areas. Darrell stated the Laurel Fire Department has taken on this area within the boundaries of the Fire Service Area only, for a sum of approximately $ 1,600.00 a year. RESOLUTION NO. 2361 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND YELLOWSTONE COUNTY, MONTANA, SAID AGREEMENT RELATING TO FIRE PROTECTION. Motion by Alderman Dickerson that Resolution No. 2361 be passed and adopted, seconded by Alderman Orr. Motion carried 7--0. CAT ORDXNA~NCES: ORDINANCE NO. 933 (second reading) AMENDING SECTION 7.04.030 OF THE LAUREL MUNICIPAL CODE, TO ADD CATS TO ANIMALS REQUIRING LICENSE IN THE CITY OF LAUREL. This being the time and place advertised, a public hearing was held. PROPONENTS: None OPPONENTS: Dennis Eden, 6 Montana Avenue #5, signatures on it. He feels there catch cats. presented a petition with over 100 is no feasible way to control or Barb Schmittou, 1107 12th Avenue, stated she has three cats and that it's ridiculous to put a collar on a cat because they can get caught by the collar and strangle themselves. She stated that she gets her cats rabies shots and she keeps them in the house every night. Discussion followed concerning the identification of nuisance cats and Joe stated the reason for the cat ordinances is to force owners to get rabies shots and encourage them to get their cats spayed or neutered. Kathy Caton, 609 Hazel Avenue, disagrees with the idea that by licensing cats it will force people to get the shots. She said that if pet owners are not responsible enough to do it now, they are not going to do it even if there is an ordinance telling them to. They just won't bother to license them. As an extreme measure, Kathy bought cat repellent which comes in a powder form and is sprinkled on the ground at a point where you do not want the cat to cross. If someone is having problems, owner included, maybe they can consider this. Nancy Brennan, 1105 East 6th, stated she has always had cats and does not feel you can put a collar on a cat without possible injury or death to the cat. She also wanted to know how your going to identify the cat that is howling or using a sandbox for a bathroom. It was stated that the City does not have any cat traps and that the Animal Shelter will take cats at the expense of the City. Minutes of the City Council of Laurel Page 5 Council Meeting of August 16, 1988 Joanne Stevenson, 407 East Mains said it would be impossible for her to keep a collar on her cat and keep her in the shop all the time. She feels that by licensing cats, it may solve one problem but it will create others. Gene Hatten~ 1103 10th Avenue, stated he has a cat but it never leaves the house for more than a few minutes at night. He said there are more kids running through his yard than there are animals. Barb Schmittou questioned whether someone like Vicki Brester of the Animal Welfare League is going to have to license all the animals she takes in. It was stated that she has a kennel license and this covers all her animals. Sandra Hatten, 1103 10th Avenue, agrees with her husband. She feels that by licensing cats~ the City is punishing the majority of responsible cat owners in favor of the few who will not control their pets. She feels there are enough petty charges already and we do not need another one. Keith Thompson stated he does not own a cat but he does have a lot that run through his yard. He questioned the logic and cost of picking up nuisance cats and boarding them with the Animal Shelter at the City's expense. Mr. Bray, 103 Yellowstone Avenue, questioned the cost of the licenses and Joe Bradley explained the prices. Mr. Bray brought up the point of the benefit of animals to the older segment of society. He asked if we really want to take the chance and deny these people their pets because they can't afford to license them. Michelle Doheny, 901 Pennsylvania, stated she has a cat and she did put a collar on it, but later found the collar in a tree and she is just thankful that the cat is still alive. She said if the reason for this is to handle nuisance cats, we don't need to license them to do it because we already have a nuisance ordinance. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Orr. Motion carried 7--0. Motion by Alderman Graham that Ordinance No. 933 (second reading) be passed and adopted, seconded by Alderman Collins. Alan Crowe said his department receives approximately 60-80 animal complaints a month with most of these being dog complaints. The only calls on cats are for injured ones. At this time a roll call vote was taken. Aldermen Wood, Orr, Dickerson, Collins, Rodgers, and Teeters all voted, "NO." Alderman Graham voted, "YES." Motion defeated 6--1. With no objections, the other cat ordinances were removed from the agenda. At this time the Council recessed from 9:20 p.m. until 9:28 p.m. MONTANA MUNICIPAL INSURANCE AUTHORITY: RESOLUTION NO. 2362 TO EXPAND THE NUMBER OF MEMBERS ON THE MMIA BOARD OF DIRECTORS. Motion by Alderman Dickerson that Resolution No. 2362 be and adopted, seconded by Alderman Orr. Motion carried 7--0. passed CODIFICATION UPDATE: Joe Bradley stated he still does not have a date for publication of the codes but hopes to have that date by the next regular Council meeting. Page 8 Minutes of the City Council of Laurel Council Meeting of August 16, 1988 COMMITTEE REPORTS: --Ambulance Committee minutes of August 9, 1988 were presented and reviewed. Motion by Alderman Teeters to enter the Ambulance Committee minutes of August 9, 1988, into the record, seconded by Alderman Dickerson. Motion carried 7--0. --Board of Adjustment minutes of August 11, 1988 were presented and reviewed. Motion by Alderman Collins to enter minutes of August 11, 1988, into the record, Motion carried 7--0. the Board of Adjustment seconded by Alderman Orr. --Budget/Finance Committee minutes of August 16, 1988 were presented and reviewed. Motion by Alderman Dickerson to approve the committee's recommendation to charge off $ 808.92 in bad debts in the water fund, seconded by Alderman Orr. Motion carried 7--0. Motion by Alderman Orr to enter the Budget/Finance minutes of August 16, 1988, into the record, seconded by Dickerson. Motion carried 7--0. Committee Alderman --City Council Committee of the Whole minutes of August 2, 1988 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of August 2, 1988, into the record, seconded by Alderman Rodgers. Motion carried 7--0. --City-County PlanninK Board minutes of August 11, 1988 were presented. Motion by Alderman Dickerson to enter Board minutes of August 11, 1988, into Alderman Orr. Motion carried 7--0. the City-County Planning the record, seconded by --P~blic Utilities Committee minutes of August 11, 1988 were presented and reviewed. Motion by Alderman Collins to enter the Public Utilities Committee minutes of August 11, 1988, into the record, seconded by Alderman Orr. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: FIECHTNER CLAIM: Ray Fiechtner spoke concerning his sewer line that was broke during construction of the new East Main Lift Station. He stated this has caused a great inconvenience to his renters and much mental anguish on his part in dealing with these people. The renters had no sewer and the sewer backed up into their apartments which resulted in human waste all over the floors. Ray stated that he now finds himself digging out of his own pocket this week, $ 1,100.00 to pay the plumber and $ 1,500.00 to pay the excavator. He stated Roto-Rooter has contacted him three times and crews havE called him twice for their payments and none of this is his fault. Ray stated it is a proven fact that the sewer was broke due to the construction in the alley. Be said Jim Flisrand was there along with himself and Charlie Fisher and Jim has pictures of the break. After the break was discovered, Ray said Mr. Brown of Western Pump looked up at him and said "I'm certainly sorry about this." Ray said he replied, "I'm real sorry about it too, but we'll certainly have to get it paid for." Minutes of the City Council of Laurel Page 7 Council Meeting of August 16, 1988 Ray stated he has lived in Laurel for 27 years and his credit rating has always been number one, he has never let a bill pass through, and now he finds himself on a string with the people who want payment. He said this has got to be resolved. Ray stated that on August 5th, the City's insurance representative sent him a letter stating the City did not assume any responsibility for this and that if this letter was directed at Ace Electric, Ace Electric was suppose to contact Ray. He said he has never been contacted by Ace Electric or any insurance company on that side and he will not do it and this is the hang-up. He said the City owns the alley, it was the City's project and the City awarded the contract and now, he needs some help from the Council. Bob Graham said the City Council should do everything in its power to put pressure on Ace Electric or the insurance company to help Ray with this. Re said the City owes him that because it was a city project. Discussion followed concerning the retainage fee and the performance bond and the difference between the two was clarified. The retainage fee is a certain percent of the total cost of the project and this money is held until the work is done according to the contract specifications. The performance bond is to make sure the job is done as specified and to insure that the subcontractors are paid. Joe Bradley stated the City does not have the power to authorize payment to Ray or admit any liability. When the City entered into the Montana Municipal Insurance Authority, we signed a contract with them stating we will send all claims to them, and we have to abide by their decision. Joe stated that if it is the wish of the Council, he and Jim Flisrand will sit down with the adjustor and put pressure on him to come to a settlement. Bruce Teeters said it is not a question of can we, but rather, we have to. He feels we owe it to Ray to make something happen on it. Joe stated that the MMIA has taken a position to be hard on claims such as this. Before they settle, they will contest it tooth and nail and this puts Ray in a hard position because we know he is not at fault. This is a fight between our insurance company and Ace Electric and our insurance company is not willing to pay Ray and hope to collect later. It was questioned as to what Ray's alternatives are if he gets no action from Ace Electric. Joe said Ray's alternative is to sue both the City and Ace Electric and once in Court, the judge would decide who will pay him, either one or the other or a combination of both parties. More discussion followed concerning alternatives to get this paid. Ray commented that he took direction from the City on this. When he didn't have any sewer, he talked to Jim Flisrand and Jim mentioned to Ray to get an excavator and a plumber and get this thing going. Once the break was discovered, Ray was told to get all his bills together and submit them to the City. Jim stated that Ray was correct in what he said. Ray had a problem with his private service line in the area of construction, but at the time we did not know what the problem was. Jim said the proper procedure is to have Ray hire a contractor, complete the work and if it is the City's responsibility, the City will pick up the bill. It becomes a claim filed against the City and Jim said this is the common procedure. Jim stated that in cases such as this, the City does not go in with its own crew or demand the contractor to repair the line in case the break was not due to the construction. Jim said this happens quite often and it is best to have a private individual come in and do the work. Once the work is done, the bill determined and the fault is decided, action can then be taken. Minutes of the City Council of Laurel Page 8 Council Meeting of August 16, 1988 Joe stated that before the next Council meeting, he and Jim will speak with the insurance adjustor to try and get something moving on this. Ervin Wood brought up the point that, by law, the City needs to take the lowest bid on a project and yet we need to protect ourselves. Joe stated that the law reads "the lowest responsible bidder" and if the City has had trouble with a contractor and feels they are not responsible, then they can deny that bid. Both men stated the comment is not representative of the contractor on this project. It was suggested that Ray attend the next Council meeting and hopefully, progress will have been made towards settling this. BUSINESS OPERATING LOCATIONS: Polli VanNice commented that several weeks ago the school gave Pizza Hut permission to set up their tent on First Avenue. The comment from the Council was that City businesses cannot operate any place other than the location for which they purchased their business license yet tonight, the Council gave permission for several businesses to operate at other locations. Joe Bradley's only comment was that he wished the Council had not granted that permission but Joe did explain that the Council can grant permission to hold these booths elsewhere, but the business needs to come before the Council to get this permission and not just call City Hall and ask for it there. Polli VanNice also commented about the liability on the lease concerning the building on Main Street that the Chamber and the Retired Men's Club use. CDBG BLOCK GRANT FUNDS: Cal Cumin suggested that the City of Laurel advertise for eligibility of CDBG Block Grant funds. This is a large extensive state and federal fund program that the City could be an applicant for, representing business or person. Cal stated it is very complicated and he doesn't know of anyone who could qualify for it at this place in time, but if you ever want to use it in the next few months, you have to have this preliminary hearing. Cal explained that this money is used to create and retain jobs for low to moderate income persons. It is also designed to compliment conventional business financing techniques and other state and federal loan programs and also to fill in where funding gaps exist. He stated it is the City's obligation to advertise the funds and maybe there is someone out there who has it altogether and can apply for it. A public hearing will be held on September 6th. Bruce Teeters asked Jim Flisrand if he had spoken any further with Ken Hageman. Jim replied he had not because he wanted to check with Sharon and Jeanette in the water office first. Bruce also stated that some time ago Frank Wiley questioned his water bill and he was going to take a civil suit against the City concerning this. Joe Bradley said he spoke to Mrs. Wiley a few days ago and they are going to pay it themselves under pretest. There will be a Parking and Building Committee meeting on Monday, August 29th at 5:30 p.m at the Safety Complex. Chuck Dickerson said now that 12th Street is completed, what is the possibility of getting that house moved away from the ditch where it has been sitting for months. Jim Flisrand stated it depends on the cooperation of the owner and the county since it is outside the city limits. Chuck questioned whether the City can do something in the future to prevent this from happening again. Jim Flisrand was going to present the traffic study to the Council tonight to take back and review before the next Council meeting but he was lacking one piece of information. He will put it in the mailboxes within the next day or two for their review. Minutes of the City Council of Laurel Page 9 Council Meeting of August 16, 1988 Darrell McGillen asked permission to hold a parade on August 27th in conjunction with the 50's-60's promotion that weekend. This is a sponsors parade by the Laurel Retail Trades, sponsored by the Laurel Outlook and Palace Bar & Lanes. The parade will start at Cenex, proceed west on Main Street to First Avenue and north to Athletic Field. He would like permission to use the ballfield to park the cars on while they are being judged. He stated the owners of these cars have a lot of money invested in them and they want an area where they will not get chipped or damaged. Motion by Alderman Collins to grant the Laurel Retail Trades permission to hold a parade and a car show at Athletic Field on August 27th, seconded by Alderman Orr. Motion carried 7--0. MAYOR'S COMMENTS: The Mayor appointed Chloe Kaelberer as Ambulance Director to replace Pat Metzger. Motion by Alderman Dickerson to approve the Mayor's of Chloe Kaelberer as Ambulance Director, seconded Teeters. Motion carried 7--0. appointment by Alderman The Mayor appointed Tom Eastman as Assistant Ambulance Director to replace Chloe Kaelberer. Motion by Alderma~ Teeters to approve the Mayor's appointment of Tom Eastman as Assistant Ambulance Director, seconded by Alderman Dickerson. Motion carried 7--0. There being no further business to come before the Council at this time, the meeting was adjourned at 10:20 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 6th day of September, 1988. of ATTEST: Donald L. Hackmann, City Clerk