Loading...
HomeMy WebLinkAboutCity Council Minutes 10.04.1988Minutes of the City Council of Laurel October 4, 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 7:03 p.m., on October 4, 1988. COUNCIL MEMBERS PRESENT: Ervin Wood 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 Holt. MINUTES: Motion by Alderman Collins to approve the minutes of the meeting of September 20, 1988, as presented, seconded by Rodgers. Motion carried 8--0. regular Alderman CORRESPONDENCE: Received a letter and a copy of Resolution No. 88-67 from the Yellowstone County Commissioners regarding the Laurel Fire Service Area. Received a letter from regarding the property Street. the Laurel Public Library Board of Trustees, now occupied by the Library at 115 West 1st CLAIMS: Claims for the month of September were reviewed by the Budget/Finance Committee and recommended that they be paid. Motion by Alderwoman Kilpatrick to approve all claims in the amount of $ 228,038.84 for the month of September, seconded by Alderman Collins. Motion carried 8--0. LAUREL URBAN FIRE SERVICE AREA: RESOLUTION NO. 2369 A RESOLUTION APPROVING A CONTRACT BETWEEN THE LAUREL URBAN FIRE SERVICE AREA AND THE CITY OF LAUREL, SAID AGREEMENT RELATING TO FIRE PROTECTION. Darrell L. McGillen, Fire Chief, distributed a cost computation for the Laurel Fire Service Area. The Fire Committee minutes of September 26, 1988 were reviewed at this time. Trustees Don Gudgell, Ken Petro, Dick Blee and Bruce Markegard were present from the LUFSA. Don explained the way they arrived at the dollar figure and he stated they feel this figure meets the state law of Fair and Equitable Standards. There will be an additional $ 600.00 for mobile homes which cannot be assessed until April. He asked for the Council's support of the $ 19,075.00 figure and stated there was a lot of hard work in putting this together and it is the best they could come up with. A question was raised regarding the fairness of arriving at the dollar figure by comparing Billings fire service areas to this one in reference to the number of structures per a given area. Dick Blee responded by saying the fee is assessed on the structure itself and fires seems to occur where there are people so the less structures, the less fires that occur and less responses needed by the fire department. He stated this corresponds with the amount of revenue that is generated. Page 2 Minutes of the City Council of Laurel Council Meeting of October 4, 1988 More discussion followed regarding the way Billings arrived at figures verses the way Laurel did. It was stated that Billings used taxable value and the LUFSA used market value. Dick said that the LUFSA received $ 15,000.00 worth of fire protection during the interim period as stated by the Laurel Fire Department. A fee was to be paid only if the department responded to a call and there were no calls during that time so there was no revenue generated. In response to a question, Dick stated that the rate the Laurel Fire Department is asking is about 1/3 higher than the rate calculated by the LUFSA. He stated that the majority of the residents contacted in the LUFSA stated that this rate would be to high and they were not willing to pay it. The comparison between the services provided by Laurel and Billings were also discussed. Billings provides code enforcement and EMS which Laurel does not and also, for those urban residents who live within five miles of a fire station, there will hopefully be a Class 3 fire rating which will significantly reduce their fire insurance. Joe Bradley stated that Darrell calculated his figures based on the fact that the impact of this area would be about 15% of the Laurel Fire Department's budget. Therefore, if they use 15% they should pay 15%. Dick stated that if there is any way the LUFSA can come up with the funding for 15% they would gladly do it, but all they had to go on when calculating this was the voice and the amount of people in this area. It was stated that the majority of the homes in this area do not have fire insurance now and Dick felt there would be minimal changes in the costs because of the protection available. It was stated that if the Council approves the $ 28,300.00 budget, the residents of the LUFSA must either stay in and pay an increased amount or petition to dissolve the LUFSA. Jim Kraft stated that at this point in time, a resident would have to protest his taxes because it is already on the tax rolls and once the County levies this tax, it becomes a lien on the property. At this time, Darrell McGillen explained the cost computation breakdown. He stated that the committee arrived at the yearly budget based on 100 calls. They then calculated that the LUFSA, which encompasses approximately 61 square miles, would contribute about 15 calls per year and these calls are what the LUFSA fee is based on. Discussion followed regarding the lack of calls during the six month interim period and whether this base of 15 calls was too high. It is the fire department's feeling that since the residents knew they would be paying for any calls during this time directly out of their pocket, they refrained from calling on anything but a major fire, but it is felt that if they had been under contract, there would have been more calls on minor fires. In answer to a question, Darrell stated how the fees were established for the other fire districts in Laurel. Jim Kraft voiced a fear of the trustees of the LUFSA that once this is established, some of the residents may request annexation into an existing Fire District where the fees are lower thus cutting the numbers in the LUFSA to where they cannot support any kind of a budget. He feels the rates need to be competitive between the fire district and the fire service areas. Motion by Alderman Collins that Resolution No. 2369 be passed and adopted, seconded by Alderwoman Kilpatrick. Discussion followed and Joe Bradley explained in detail the resolution and agreement. Jim Kraft clarified that the County wanted a contract of 5 years or less but the city of Billings had 7 years in their contract. Page3 Minutes of the City Council of Laurel Council Meeting of October 4, 1988 Motion by Alderman Graham to amend the terms of the contract from 7 to 5 years, seconded by Alderman Collins. Motion carried 7--1 with Alderman Orr voting, "NO." At this time the question was called for on Resolution No. 2369 as amended. Motion carried 8--0. Joe Bradley stated that this stands as an offer to the LUFSA that the city is willing to sign a contract at $ 28,300.00. A letter of acceptance or rejection is now needed from the LUFSA. The Mayor'extended the interim agreement with LUFSA for another two weeks. CURFEW IN CITY PARKS: ORDINANCE NO. 938 (second reading) AMENDING SECTION 16.02.020 TO ESTABLISH A CURFEW IN CITY PARKS This being the time and place advertised, a public hearing was held. There were no comments from the public. Motion by Alderman Dickerson to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 8--0. Motion by Alderman Dickerson to pass and adopt Ordinance No. (second reading), seconded by Alderman Collins. 938 Discussion followed regarding vandalism in the parks. Joe Bradley then recommended that the closing time be amended to read from midnight to 6 a.m. because there are many activities in the parks that naturally go past 10 p.m. during the summer. Motion by Alderman Dickerson to amend the ordinance to read the closing will be from midnight to 6 a.m., seconded by Alderman Collins. Motion carried 8--0. At this time a roll call vote was taken on the amended ordinance. All aldermen voted, "YES" except Aldermen Orr and Wood who voted, "NO." Motion carried 6--2. PRIVATE RESERVED PARKING IN THE CITY PARKING LOT: ORDINANCE NO. 939 (second reading) AMENDING SECTION 10.68.030 OF THE LAUREL MUNICIPAL CODE TO SET ASIDE PRIVATE RESERVED PARKING ON A PART OF THE CITY PARKING LOT The parking Committee minutes of September 3, this time. 1988 were reviewed at This being the time and place advertised, a public hearing was held OPPONENTS: Kent Harris, representing Yellowstone Bank, stated they are trying to keep as much customer parking as possible in the community. He realizes that the lot is empty a great percentage of the time, but in the retail~business where there are peaks and valleys, it is :very difficult to plan the parking so it serves everyone's needs. Kent then reviewed two items that were in a letter to the councilmen. The bank does not feel the lot is under utilized enough to warrant this extreme action. The retail businesses acknowledge that the parking spaces they provide are used mostly during the Christmas season, paydays, and post holiday sales periods during which time they realize the majority of their profits for the year. In the banking industry, 30-40 percent of the business is conducted during the peak periods and this only utilizes the lot 10% of the time but it is Minutes of the City Council of Laurel Page 4 Council Meeting of October 4, 1988 valuable space during this time. He stated the bank has provided parking for its employees on Second Avenue in order to make more room for the customers in the downtown area and he encourages other business owners and employees to park away from the downtown area alSO. The second point Kent wanted to make is that the reserved parking will create many problems rather than solve them. He understands the businessmen and apartment owners desire to provide parking for their tenants and employees but with the limited space available, reserved parking will only cause hard feelings among the parties involved. The amount of revenue the city would receive is too minimal to offset the cost of dealing with the problems of doing this. PROPONENTS: Sandy Stevenson, owner of LeDuc Jewelers, is in favor of the four hour parking. He said 40% of their business is done in December but the customers that come in during December are ones that they have serviced approximately five times during the year. He stated that a lot of his customers are from out of town and when they are here he can encourage them to shop elsewhere in town but the customers lose their enthusiasm for Laurel when they come back to their cars and find a parking ticket. In reference to the reserved parking, Sandy stated that he parks all over the place and has received many parking tickets. He stated he can either pay the tickets or pay for the reserved parking space but after hearing the problems involved with towing away the offenders, he withdraws his support of the reserved parking. Motion by Alderman Dickerson to close the public hearing, seconded by Alderman Orr. Motion carried 8--0. Motion by Alderwoman Kilpatrick that Ordinance No. 939 be passed and adopted, seconded by Alderman Dickerson. There being a roll call vote, all aldermen voted, "NO" except Alderman Rodgers, who voted "YES." Motion defeated 7--1. Joe Bradley will prepare an ordinance for four hour parking. MONTANA TRADEPORT (PORT AUTHORITY): Cal Cumin stated Yellowstone County held a public hearing for a proposal to create an international port authority in the Yellowstone valley called Montana Tradeport. He would like Laurel to be an intricate part of this so he is going over the ramification and implications of it for the city council. State law allows any local government to create a port authority and at this time there is only one in the State which is located in Butte-Silver Bow County. Cal stated the process to create a port authority is very simple but the ramifications are much more complex. It is a very powerful tool for economic development which will create jobs in the Yellowstone area and increase the taxable valuation. Cal stated Yellowstone County will go ahead and do it regardless whether the cities of Laurel and Billings join in but he strongly encourages them to do so. Cal stated a port authority is oriented towards transportation, originally starting on the coast but now moving inland. Of all the resources we have available here; coal, cattle, agriculture, and chrome, all involve transportation out of here and at this time there is no concentrated effort to deal with this. Cal said over the last few years the federal government has cracked down on financing programs for cities and the use of industrial revenue bonds but they have not touched economic development programs that tie into port authorities. One of the powers that the port authority has is the power to tax which scares people, but you do not want to take it away because one of the primary tools for financing capital improvements under the port authority is through tax exempt bonds. This combines the best resources of a private enterprise with some public power such as the ability to tax and the ability to issue tax exempt debts. Minutes of the Cit, Council of Laurel Page 5 Y Council Meeting of October 4, 1988 Cal stated that at the same time they create a port authority they propose to create a capital development corporation which is a bank for the port authority. It would be chartered by and have the powers of the port authority but it would not be limited to just transportation. Once the port foreign trade on a regional authority is formed Cai stated he would like to see a zone formed. We need to look at our products not only level but also on an international level. Cal said three things have come out of the public hearing. The first is the issue of taxation, second is the coordination of economic development issues and the final thing is the regional effort. Cal stated that as in everything that is worth doing, there is a certain amount of risk involved, mainly because of the taxation and this scares people when so many programs are now being cut. But for every risk there is a tremendous reward and we cannot keep cutting back forever or we will just disappear in a hole. We are going to have to re-invest for our future and the future of our children and this is one of the ways we can do it. Cai stated that he will come back to the Council at a later date with specific information on how and what Laurel can do. HOME OCCUPATIONS: None COMMITTEE REPORTS: --Budget/Finance Committee minutes of October 4, 1988 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter Committee minutes of October 4, 1988, into the Alderman Orr. Motion carried 8--0. the Budget/Finance record, seconded by --City Council Committee of the Whole minutes of September 20, 1988 were presented. Motion by Alderman Dickerson to enter the City Council of the Whole minutes of September 20, 1988, into the record, by Alderman Collins. Motion carried 8--0. Committee seconded --Fire Committee minutes of September 26, 1988 were presented. Motion bY Alderman Rodgers to enter the Fire Committee minutes of September 26, 1988 into the record, seconded by Alderman Orr. Motion carried 8--0. --Garbage Committee minutes of September 26, 1988 were presented and reviewed. Motion by Alderman Graham to enter the Garbage Committee minutes of September 26, 1988, into the record, seconded by Alderman Orr. Dennis Johnston, former owner of Big Sky Haul-Away and Yellowstone Sanitation, stated he submitted a proposal for a transfer site on September 26th. Dennis sold his businesses in August to BFI and stated that at the Garbage Committee meeting there was discussion as to the credibility of this company. He stated the company is a large one which operates worldwide and he is the manager for this district. He said there are guidelines which he has to follow concerning hiring and safety, but it is a fact that the company leaves the districts alone and allows the managers to run them. Dennis then introduced Max Bauer from Missoula, who has been with BFI for 10 years. Max stated that he is a vice-president for BFI and is the district manager in Missoula. He spoke testifying to the company and he distributed information regarding the company and its services. More discussion followed. Page 6 Minutes of the City Council of Laurel Council Meeting of October 4, 1988 Donna Kilpatrick stated that a letter was written to the Mayor regarding the garbage cans on the sidewalks and the letter was referred to the Garbage Committee but no action has ever been taken on it. Bob Graham stated it will be brought up at the next garbage meeting. Ernie Davis questioned the difference of $ 16,000.00 between a proposal he received in April from Dennis for a transfer site and the one he received in September since BFI has taken over. Dennis stated the difference is in the type of building used. They found out the type used in the April proposal does not meet the specifications and and they had to go with a more expensive building in the September proposal. At this time the question was called for. Motion carried 8--0. --Parking Committee minutes of October 3, reviewed. 1988 were presented and Motion by Alderman Dickerson minutes of October 3, 1988, into Rodgers. Motion carried 8--0. to enter the record, the Parking Committee seconded by Alderman --Park Committee minutes of September 22, reviewed. 1988 were presented and Motion by Alderwoman Kilpatrick to enter the the Park minutes of September 22, 1988, into the record, seconded by Collins. Motion carried 8--0. Committee Alderman COMMENTS FROM THE AUDIENCE: None MAYOR'S COMMENTS: The Library Board has changed their meeting time to the 4th Tuesday of each month. There being no further business to come before the Council at this time, the meeting was adjourned at/~2 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 18th day of October, 1988. of ATTEST: Donald L. Hackmann, City Clerk