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HomeMy WebLinkAboutCity Council Minutes 12.20.1988Minutes of the City Council of Laurel December 20, 1988 A regular meeting of the City Council Montana, was held in the Council Chambers and Bob Gauthier at 7:00 p.m., on December 20, COUNCIL MEMBERS PRESENT: Ervin Wood Donna Kilpatrick Chuck Rodgers L.D. Collins COUNCIL MEMBERS ABSENT: Norman Orr of the City of Laurel, called to order by Mayor 1988. Chuck Dickerson Bob Graham Bruce Teeters INVOCATION: Invocation was given by Reverend Pugh. MINUTES: Motion by Alderman Collins to approve the minutes of the regular meeting of December 6, 1988, as presented, seconded by Alderman Dickerson. Motion carried 6--0. (Bruce Teeters was absent at this time.) CORRESPONDENCE: Received a letter from the Laurel Chamber of Commerce thanking the city for their decision allowing a portion of the old library building to be used as a museum. Received a letter from the Laurel Chamber of Commerce advising the city that they have formed a steering committee for the purpose of establishing a Museum Trust. Received a letter from the Montana Statehood Centennial Parade Chairman regarding the city having a float in the Centennial Parade Saturday, July 22, 1989 in Great Falls. Received the November minutes and activity report from the Air Pollution Control Board. Received a memo from the Montana League of Cities and Towns regarding legislation to restrict the use of gas tax funds. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of November were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of November, 1988, be approved, seconded by Alderman Dickerson. Motion carried 6--0. (Bruce Teeters was absent at this time.) AMENDMENT TO THE KENNEL ORDINANCE: ORDINANCE NO. 942 (second reading AMENDING SECTION 7.04.010 OF THE LAUREL MUNICIPAL CODE ADDING DEFINITIONS OF COMMERCIAL KENNEL AND NON-COMMERCIAL KENNE~ Public hearing: no comment. Motion by Alderman Dickerson to close the public hearing, seconded b~ Alderman Graham. Motion carried 6--0. (Bruce Teeters was absent at this time.) Motion by Alderman Dickerson that Ordinance No. 942 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. Minutes of the City Council of Laurel Page 2 Council Meeting of December 20, 1988 ORDINANCE ESTABLISHING AND REQUIRING A PERMIT FOR FENCES: ORDINANCE NO. 943 (second reading) ESTABLISHING AND REQUIRING A PERMIT FOR CONSTRUCTION, ALTERATION, OR REPLACEMENT OF FENCES Public hearing: no comments. Motion by Alderman Dickerson to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Motion by Alderman Dickerson that Ordinance No. 943 (second reading) be passed and adopted, seconded by Alderman Graham. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ENFORCEMENT OF FENCE PERMIT ORDINANCE: ORDINANCE NO. 944 (second reading) PROVIDING FOR ENFORCEMENT OF FENCE PERMIT ORDINANCE Public hearing: no comments. Motion by Alderman Dickerson to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Motion by Alderman Dickerson that Ordinance No. 944 (second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. FENCE IN PUBLIC RIGHT-OF-WAY: ORDINANCE NO. 945 (first reading) AMENDING SECTION 17.40.010 (D), FENCES, WITHIN PUBLIC RIGHT-OF-WAY WITH APPROVAL OF CITY ENGINEER Motion by Alderman Dickerson that Ordinance No. 945 (first reading) be passed and adopted, seconded by Alderwoman Kilpatrick. Discussion followed with Jim Flisrand stating he is against placing fences within the public right-of-way. He feels this will cause problems in the future in regard to utilities, widening of the streets, and possible misunderstandings with people who may eventually buy property which already has a fence in the public right-of-way. Jim attended a seminar where it was stated the city would be liable for any concerns which might involve obstructions placed within the right-of-way. Cal Cumin stated he will support the denial of the ordinance. Bob Graham spoke in favor of the ordinance. He stated he drove around the northwest portion of Laurel and found approximately 15 violations of the ordinance we currently have on the books. He feels that if Ordinance No. 945 is defeated then the city would be forced to make homeowners~comply with the existing ordinance and it would create many problems. More discussion followed and Jim stated that the way the current ordinance stands now, we are telling the homeowner they cannot put a fence in the public right-of-way, but if they do and the city has a problem with it, they are responsible for moving the fence with no questions asked. Page3 Minutes of the City Council of Laurel Council Meeting of December 20, 1988 Chuck Dickerson stated there is a problem with people who are ignorant to what the law requires and he feels it is partly the Council's responsibility to make the public aware of changes when they take place with the help of the newspaper. At this time the question was called for and Aldermen Teeters, Wood and Graham voted, "YES." Alderwoman Kilpatrick, Aldermen Rodgers, Collins, and Dickerson voted, "NO." Motion denied 4--3. APPLICATION FOR PERMIT & HOUSE IN TRANSIT ORDINANCE: ORDINANCE NO. 946 (first reading) AMENDING SECTION 11.20.020 OF THE LAUREL MUNICIPAL CODE, APPLICATION FOR PERMIT Motion by Alderman Dickerson that Ordinance No. 946 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. ORDINANCE NO. 947 (first reading) AMENDING SECTION 11.20.040 OF THE LAUREL MUNICIPAL CODE, ESTABLISHING TIME PERIOD FOR HOUSES IN TRANSIT Motion by Alderman Rodgers that Ordinance No. 947 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. HANDICAPPED PARKING: ORDINANCE NO. 948 {first reading) AMENDING sEcTIoN 10.68.025 OF THE LAUREL MUNICIPAL CODE, TO ESTABLISH PARKING SPACES FOR THE EXCLUSIVE USE OF HANDICAPPED PERSONS Motion by Alderman Dickerson that Ordinance No. 948 (first reading) be passed and adopted, seconded by Alderman Rodgers. A roll call vote was taken and all aldermen present voted, "YES." Motion carried 7--0. LIGHTS IN KIWANIS PARK: The Street and Alley Committee minutes were reviewed at The committee recommended going with underground wiring posts that are placed approximately 300 feet apart. this time. and six steel Jim Flisrand contacted Montana Power and received new estimates following the committee's recommendation which would include high power sodium vapor Z00 watt bulbs. The cost would be $ 124.38 per month with a breakdown of ninety cents per year to each resident in the lighting district based on a 4200 square foot lot. Motion by Alderman Dickerson to accept the Street and Alley Committee's recommendation to go with steel posts, underground wiring, and high power sodium vapor bulbs at a cost of $ 124.38 dollars per month, seconded by Alderman Graham. Motion carried 7--0. HOME OCCUPATIONS: Dan Koch, 929 First Avenue, would like a home occupation to do locksmithing out of his home. The Planning Board recommended approval. Motion by Alderman Dickerson to accept the Planning Board's recommendation to approve a home occupation for Dan Koch, seconde~ by Alderwoman Kilpatrick. Motion carried 6--1, with Alderman Collins voting, "NO." ~ Page 4 Minutes of the Cit,y Council of Laurel Council Meeting of December 20, 1988 Glenda Seabrook, 2510 Topeka, bookkeeping, accounting and traffic coming to the house. is requesting a home occupation to do tax preparation in her home with no The Planning Board recommended approval. Discussion followed regarding a possible conflict between the approval of a home occupation and the Village Subdivision Homeowners covenant which does not allow home occupations. Cal Cumin stated that city regulations allow for home occupations and she would not be violating city regulations. It is not the business of the Council to enforce the rules of homeowner associations. He stated it is a courtesy to let them know this is happening but it is up to the association to enforce their covenant. Motion by Alderman Graham to accept the Planning Board's recommendation to approve a home occupation for Glenda Seabrook, seconded by Alderman Wood. Motion carried 5--1, with Alderman Collins voting, "NO" and Alderman Dickerson abstaining. COMMITTEE REPORTS: --Budget/Finance Committee minutes of December 6, 1988 were presented and reviewed. Motion by Alderwoman KilPatrick Committee minutes of December 6, 1988, Alderman Collins. Motion carried 7--0. to enter the Budget/Finance into the record, seconded by --City Council Committee of the Whole minutes of December 6, 1988 were presented. The minutes were amended to read Chairman Bob Gauthier and not Chairman Bob Graham. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of December 6, 1988, into the record, seconded by Alderwoman Kilpatrick. Motion carried 7--0. --City-County Planning Board minutes of December 8, 1988 presented. were Motion by Alderman Dickerson to enter Board minutes of December 8, 1988, into Alderman Collins. Motion carried 7--0. the City-County Planning the record, seconded by --City License Committee minutes of December 15, 1988 were presented and reviewed. BIG SKY LEATHER Motion by Alderman Collins to grant a city license to Big Sky Leather at 201 1/2 East Main Street, pending a fire inspection, seconded by Alderwoman Kilpatrick. Motion carried 7--0. BEARTOOTH VETERINARY SERVICE Motion by Alderman Collins to grant a city license to Beartooth Veterinary Service at 419 East Main, pending a fire inspection and a building remodeling inspection, seconded by Alderman Rodgers. Motion carried 7--0. LOCKS, ETC. The committee recommended approval with no sale of gift items. Motio~ by Alderman Dickerson to grant a city license to Locks Etc. at 929 First Avenue, seconded by Alderman Wood. Motion carried 6--1 with Alderman Collins voting, "NO." Page5 Minutes of the City Council of Laurel Council Meeting of December 20, 1988 APPLIED BUSINESS SERVICE Motion by Alderman Rodgers to grant a city license to Applied Business Service at 2510 Topeka, seconded by Alderwoman Kilpatrick. Motion carried 5--0 with Aldermen Collins and Dickerson abstaining. Motion by Alderman Dickerson to enter the City License minutes of December 12, 1988, into the record, seconded by Rodgers. Motion carried 7--0. Committee Alderman --Garbage Committee minutes of December 5, 1988 were presented and reviewed. Motion by Alderman Graham to enter the Garbage Committee of December 5, 1988, into the record, seconded by Alderman Motion carried 7--0. minutes Rodgers. Discussion followed regarding the small garbage cans for the downtown area. --Street and Alley Committee minutes of December 19, 1988 were presented and reviewed. In reference to the second order of business, Ervin Wood clarified that it is not water standing in the roadway but rather that when the road was resurfaced, an approach to a driveway was covered and it will not allow the water to drain off the driveway. There was discussion in regards to a complaint that the sweeper not sweeping 3rd Avenue between 1st and Main Streets. Chuck Rodgers explained the reason it has not been done is because the street is broken up but it will be one of the first streets to be fixed next spring. Motion by Alderman Collins to enter the Street and Alley Committee minutes of December 19, 1988, into the record, seconded by Alderman Wood. Motion carried 7--0. MAYOR'S COMMENTS: The Mayor stated he would like to leave the committees the same for the coming year and if there is anyone who would like to serve on a committee, he would like to know. APPOINTMENTS: The Mayor appointed the following people Auxiliary for a one year probationary period: to the Police Reserve Michael Lee Kirschenmann Daniel E, Koch Mark Jerome Kauffman Frederick Joseph Oft Larry Edwards Collins Motion by Alderman Collins to confirm the Mayor's appointment of Michael Kirschenmann to the Police Reserve Auxiliary, seconded by Alderman Rodgers. Motion carried 7--0. Motion by Alderman Collins to confirm the Mayor's appointment of Daniel Koch to the Police Reserve Auxiliary, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Motio9 by Alderman Collins to confirm the Mayor's appointment of Mark Kauffman to the Police Reserve Auxiliary, seconded by Alderman Dickerson. Motion carried 7--0. Page 6 Council Minutes of the City Council of Laurel Meeting of December 20, 1988 Motion by Alderman Collins to confirm the Mayor's appointment of Frederick Ott to the Police Reserve Auxiliary, seconded by Alderman Dickerson. Motion carried 7--0. Motion by Alderman Dickerson to confirm the Mayor's appointment of Larry Collins to the Police Reserve Auxiliary, seconded by Alderman Wood. Motion carried 7--0. Jim Flisrand reported that as of January 1st the city will be taking over the landfill. Chuck Dickerson felt a letter should of the City Council, in recognition work on DUI enforcement. be sent to Eric Adams on behalf of the award he received for his There being no further business to come before the Council at this time, the meeting was adjourned at 8:16 p.m. Donald L. Hackmann, City Clerk Approved by The Mayor and passed by the City Council of the City Laurel, Montana, this 3rd day of January, 1989. Bob Gauthier, Mayor of ATTEST: