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HomeMy WebLinkAboutCity Council Minutes 10.21.1997Minutes of the City Council of Laurel October 21, 1997 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 Chuck Rodgets at 7:00 p.m., on October 21, 1997. COUNCIL MEMBERS PRESENT: Miles Walton Bud Johnson Norman Orr Dirk Kroll Gary Temple Donna Kilpatrick William Staudinger Gay Easton COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderwoman Kilpatrick. Mayor Rodgets announced the public hearing on the zone change for Ricci's grocery store has been cancelled tonight and will be rescheduled in the future. Joe Leckie stated that a written report was not submitted to the Zoning Commission by the planning director as required in the ordinance. The issue is being referred back to the City-County Planning Board. Joe Leckie answered questions from the council, The application has not been withdrawn and does not have to be reapplied for. Also, the residents do not have to resubmit letters of formal protest with legal descriptions to the board members again. The current letters still stand, but additional ones can be accepted. It was asked, if Cal could make a late entry since the Planning Board has already made a unanimous decisionl and does Cal's technical job require that he write a report. Joe replied that the ordinance requires a written report and to proceed, outside of the ordinance, would subject the entire process to be reversed. He said, at this point, it may as well go back to the City-County Planning Board and be processed from the beginning so a letter can be properly submitted. MINUTES: Motion by Alderman Kroll to approve the minutes of the regular meeting of October 7, 1997, as presented, seconded by Alderwoman Kilpatrick. Motion carried 8--0. CORRESPONDENCE: Received a letter from Joe Leckie, City Attorney, regarding Ricci's application for a zone change. Received a letter from Larry Thomas regarding Gary Tempte's residence above his art gallery. Received the September minutes and activity report from the Air Pollution Control Board. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENT: ~otion by Alderwoman KilDatrick that the City Clerk's and City financial statements for the month of September, 1997, be approved, Alderman Walton. Motion carried 8--0. seconded by MCFATE - LAND USE VARIANCE: Nancy, Rich, and Tami McFate have requested a land use variance at 1111, 1113, and 1119 Highway 212 South. The property is approximately one mile south of Laurel on the north side of the Yellowstone River bridge. The McFates live in a heavy industrial zone and would like a variance to replace the dilapidated building with a manufactured home and build a garage on the site. Cal stated that by denying the McFates the right to replace the dilapidated house with a manufactured home on a site that the applicants have lived for many years would probably constitute a hardship. The new home would provide security and supervision of the businesses that the family own and operate on the property. Nancy McFate and her family have lived on this property and have operated businesses here for twenty-nine years. The property has been in the family since the 1920's. A representative of Cenex asked for clarification that the variance did not include any Cenex land, which it does not. Minutes of the City Council of Laurel Page 2 Council Meeting of October 21, 1997 The Planning Board recommended that the variance be granted with the understanding that the McFates are aware that they are living in a heavy industrial zone and someday it will probably all be industrial. Motion by Alderman Johnson to grant the land use variance to Nancy, Rich, and Tami McFate, seconded by Alderman Easton. Motion carried 8--0. POLICE DOG - REQUEST TRIAL PERIOD: Alan Hovious stated that the Police Department would like permission to try out the canine unit in the police department for a period of six months to prove that it would be a good program in the community. He stated there is money in the budget to fund this. The dog is owned by Officer Trayis Pitts. Alan said that giving the program a try would be the best way to let the dog prove itself. A concern that Alan addressed is that the dog is not fully certified. Alan said there is no certification in Montana for a dog. The handler is the one that gets certified. Another concern was the fact that if the dog was not aggressive enough to be called out by Carbon County, then should it be a part of our program? There are concerns on the liability of the dog. Alan said the liability issue has been addressed with Joe that this dog would not be used in an attack type scenario. it would be used is as a drug dog. Leckie on the basis The only basis that Alan also said documentation on those issues has been given to the committee. This is not a new program and canines are used all over the United States. These issues have been resolved through a lot of litigations and Travis has presented a packet of documentation for them. Travis would keep the dog at his home. The dog has all his shots and has been trained and used in police work. Alan summarized that the city is getting the use of the dog free and feels it is worth giving it a try to see what it can do. If it poses a problem, the program can be discontinued. It was asked why the six month program would not cost the city much to initiate? Alan said the only cost would probably be dog food. Travis would go to Great Falls to work with another officer for training, and possibly that person could come to Laurel to provide additional training. A Yellowstone County dog is available and it was questioned whether the city needs one of their own. Alan met with Jay Bell from the county and Jay assured him that the dog is available to Laurel. However~ he admitted that every time it was requested it was not available. Alan said the department has requested the use of the dog twice since he has been with the city. It would be better for the city to have its own dog. The department does not call out the county to search a car for narcotics unless there is a good reason. There have been controversies about calling Billings. Billings will not respond unless they charge and they require criteria before they send out a dog. If the City of Laurel had its own dog, it would not have to worry about criteria and the dog would be available for use any time. Alan was asked if the city had records of drug calls where a dog would have been helpful, Alan said he could look into it but explained that it is not necessarily only drug calls when a dog would be needed. He explained that a dog is useful when a vehicle is stopped for a traffic violation where the officer smells marijuana and has reason to search the vehicle. The drug dog can smell drugs hidden in door panels~ etc, where an officer cannot take a part to look without a search warrant. Most drugs carried in large quantities are concealed and are not easy to see. Alan feels it would be easier to have a dog available to prove what it can do and what it can be used for. Trayis would do an in depth log for each day that he uses the dog to show what he does with it. Alan would like to give the program a try rather than to shoot down the idea, since the dog itself will cost nothing and there are not a lot of other expenses. It was suggested if the city goes along with the six month program, it should be tracked from start to finish. At the end of the program, results would show everything the dog has done and show the cost. It would also show what the program would cost if it is continued. It is felt the drug problems in Laurel are immense and something needs to be done~ but it is unclear whether a drug dog is the answer. There are also concerns about the dog's age. Alan stated the dog is not a puppy, however it is not an old den. Th~ da~ h~ Minutes of the City Council of Laurel Page 3 Council Meeting of October 21, 1997 Alan said officers in Yellowstone County who have worked with the canines have said one drug seizure could buy a new dog. With the drug problems, they could come across a large amount of narcotics. He believes the dog would allow the police department to become more aggressive on the drug problems in Laurel. A concern was expressed for overtime when Travis is called out. Alan explained that Travis would be put on a shift where he is expected to be needed and be available during his regular duty. It would take planning ahead. If there would be a call out, it would be comp time compensated for at a later date. It was discussed that the Yellowstone County dog should be used more, and documentation should show that there is a need for a drug dog in Laurel. Yellowstone County stated they were not aware Laurel had a problem with the availability of their dog. There was a concern that the dog would only be schools did not allow it to do locker checks. It only been two times that a dog has been asked for, for a dog. used on the streets, if the was questioned, if there had would it constitute the need Alan stated there have been more then the two cases where a dog could have been used, but these were the only two that the officers felt they should call the county. The officers are coming across incidences where they would like to have a drug dog, but because we do not have one, they do not call and these cases are unreported. Mike Zuhoski stated he has visited with Jay Bell from Yellowstone County. The county feels the City of Laurel should go ahead and try a drug dog. They realize that Laurel would then have the availability of a dog no matter what the criteria is. They are supportive of the program in Laurel, but if it does not continue, the county will always be available. They have had their dog for eight years. Mike said Laurel has used a drug dog from Carbon County also. He said using the dog in schools is of low priority. They are dealing with three to four felony drug cases every week. There are people who either have it on them or in their car. The dog would be an additional tool for the department to use in getting a search warrant or to detain the individual for investigation. This dog will not be used strictly for one purpose. The dog will be on patrol with Trayis. Mike stated that the program is self-supportive. The state has a fund that can only be used for two things, enforcement and education of illegal drug information or illegal drug activity. The dog will bring money in from drug forfeitures. Mike spoke on the age of the dog. The dog is going to be six years old. Mike stated that a duel purpose dog is good for ten years. This dog is not a duel purpose dog. A duel purpose dog is one that is also aggressive and bites if the handler orders him to. This dog is not trained for that, but is basically a tracking dog. Mike feels in four years the city can get a pup or possibly get one from Travis's dog. This dog could be used until the pup is brought up to training status. It takes six months to a year to get a dog fully trained. If the city started with a pup now, it would wait upwards of a year to get it trained. Some people will not take a dog at five years, but this one has had one handler and one trainer and has not been worked much so it is not at the point where it will start giving out. It was asked how much time an officer has to detain a car in order to investigate? Joe Leckie clarified there is a legal term called search and a car cannot be searched without probable cause. A car is usually never stopped for drugs, but instead for a traffic violation. When an officer stops a car, they are looking for evidence that will cause probable suspicion. Before they can hold a car for twenty-four hours or get a search warrant, there has to be probable cause. The officer cannot pull panels off or pull seat cushions and search for drugs, if they are not in plain site. The dog would be smelling the driver, smelling the door panels or the drivers seat, and the same with the passenger side or the back seat. When the dog signals there is something, then they have more than probable suspicion and can obtain a search warrant and search the car. The dog is essential at the initial stop for the purpose of helping the officer reach a level of probable cause to detain the car or for getting a search warrant. Trayis said when an officer stops a car they look for probable suspicion by the way the person is acting, characteristics of using drugs, odor or smell. If the officer has reason to believe there are drugs, the dog plays a part in confirming any suspicions. The probable suspicion will then lead to probable cause to detain the car for a search warrant. Minutes of the City Council of Laurel Page 4 Council Meeting of October 21, 1997 Alderman Johnson is concerned that the council is being asked to look at a situation that will change Travis's on duty schedule, his training schedule, his availability and make all kinds of impacts on the department, and yet they are being told it is not a big deal. He feels it is a big deal. Alderman Johnson recommended that the council not make a motion tonight, but asked the officers to go back and review the use of this particular dog. Is this really the dog they want or are they trying to set a stage to provide the department with a real drug dog? This dog has been Travis's personal pet since he received it from Carbon County. This may have some assets or some liabilities, but in six months time if the council thinks this is a successful program, then it will not be funded. It will require having the dollars in a budget. He asked if the council is prepared to factor that into the budget. The council has not been presented with figures, if they determine the program is needed after six months. He asked the department to consider and determine if this is the dog, which is a pet, is the dog they want to use after a six month period when they come before the council or would the department rather have a dog that costs money, is viable and legitimate, along with a legitimate budget. Alderman Johnson feels the department is asking to use a personal pet to address drug problems in Laurel and after six months will be asking the council to spend money, if the information they presented tonight is correct. Alderman Johnson asked the department to put together what it will cost for the program, how it is going to impact the department, and present it in a realistic format. He feels this is a viable program and should be treated as such, not by saying it will not cost anything, put no impact on anything, but only do good things. He is asking the department to come back with realistic figures of what it will cost for the program. Is it worth basing it on a personal pet or do they want to present a budget that will involve buying a real drug dog, if the program is as important, as they have presented? Mike Zuhoski pointed out there is a fund with money that can only be used for drug enforcement and drug training. This is what they will use for costs during the six month program. If this is a successful program, nothing will be spent because it will all come out of the fund. Alderman Johnson would like the department to paint a real picture now instead of coming back in six months with costs required to make it a viable program. Alderman Easton stated that we have the resource and the additional tool for drug enforcement. It is not known if it will work or not if it is not given a chance and documented for six months. At that time the concern of it having an impact on the budget or on the department can be addressed. There is probably ten percent that is being done now for drug control. In order to increase that and show the program could work would be to document the use of the dog, the use of the department, and the use of the officers in the six month period. If it shows that it cannot work within that time, then the council can say that it will not work per documentation. Alderman Walton asked how the department came up with a six month period and if this time period would fall too close to budget time to make a decision for the next budget? If it is a good program, the council would like to have the time to have the facts and figures in front of them. Alan stated that six months was picked because of expanding beyond winter months. He also said that the council would be kept up to date with hi-weekly figures and documentation. Alderman Johnson said he does not feel it is unfair to ask the department to come back with an idea of where this is headed. He would like to see them come back with a solid proposal and present it in a realistic fashion. He cannot see where it is a non-cost program. Alderman Easton stated that the committee has discussed all these questions at length. They understand the concern of cost after the trial period. It is felt that it should be given a six month trial period and then be presented to the council. Whether documentation is presented every month, every other month, or every committee meeting, it should be given a chance. Motion by Alderman Johnson to table the request until the next council meeting when the officers can present a solid proposal, seconded by Alderman Kroll. Motion carried 6--2, with Alderman Easton and Alderman Staudinger voting Page 5 Council Minutes of the City Council of Laurel Meeting of October 21, 1997 RESOLUTION NO. R97-51 BEING A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AMENDMENT NO. 4 TO THE EXISTING AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR WATER SYSTEM IMPROVEMENTS PROJECT Motion By Alderwoman Kilpatrick that Resolution No. adopted, seconded by Alderman Johnson. Motion carried 8--0. POLICE RESERVE MANUAL: A resolution will be put on the November 4, RESOLUTION NO. 1997 agenda. R97-52 AMENDING AND ADOPTING PRIORITIES FOR FEDERAL AID URBAN SYSTEMS PROJECT IN THE LAUREL AREA R97-51 be passed and COMMITTEE REPORTS: --Board of Adjustment minutes of October 14, 1997 were presented. Motion by Alderwoman KilDatrick to enter the Board of Adjustment minutes of October 14, 1997, into the record, seconded by Alderman Kroll. Motion carried 8--0. --Budget/Finance Committee minutes of October 7, 1997 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of October 7, 1997, into the record, seconded by Alderman Johnson. Motion carried 8--0. --City Council Committee of the Whole minutes of October 7, 1997 were presented. Motion by Alderman Orr to enter the City Council Committee of the Whole minutes of October 7, 1997, into the record, seconded by Alderman Kroll. Motion carried 8--0. --City-County Plannin~ Board minutes of October 17, 1997 were presented. Motion by Alderwoman KilDatrick to minutes of October 17, 1997, into the Motion carried 8--0. enter the City-County Planning Board record, seconded by Alderman Johnson. --Public Utilities Water Task Force Committee minutes of October 15, 1997 were presented and reviewed, Amendment to the minutes was made on the appointment of a committee to look into the tap at Cenex Refinery. The people that were appointed to this committee were as follows: Cenex representatives City representatives Morrison Maierle rep. Pat Kimmet and John Berg Larry McCann and Bud Johnson Dave Mosser and Earl Tufts Motion by Alderman Orr to enter the Public Committee minutes of October 15, 1997 as corrected, by Alderman Walton. Motion carried 8--0. Utilities Water Task Force into the recorded, seconded COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: Mayor Rodgets appointed William Guenthner, Joel Barnhart, J. Williamson, and Duane Rehling to the Laurel Volunteer Fire Department. Motion by Alderman Johnson to confirm the appointments of William Guenthner, Joel Barnhart, J. Williamson, and Duane Rehling to the Laurel Volunteer Fire Department, seconded by Alderman Orr. Mn~ o~4~ ~--~ Motion by Alderman Easton that Resolution No. R97-52 be passed and adopted, seconded by Alderman Staudinger. Motion carried 8--0. Minutes of the City Council of Laurel Page 6 Council Meeting of October 21, 1997 MAYORS COMMENTS: Mayor Rogers announced that the Personnel Committee will meet after the council meeting. There being no further business to come before the council at this time, the meeting was adjourned at 8:03 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 4th day of November, 1997. Donald L. Hackmann, City Clerk Charles Rodgi~y~"