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HomeMy WebLinkAboutCity Council Minutes 09.17.1996Minutes of the City Council of Laurel September 17, 1996 A regular meeting held in the Council Chambers Gay Easton at 7:00 p.m., COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: INVOCATION: MINUTES: Motion of the City Council of the City of Laurel, Montana, was and called to order by President of the Council, on September 17, 1996. Ron Marshall Dirk Kroll Donna Kilpatrick Gay Easton Bud Johnson Miles Walton Norman Orr None Invocation was given by Alderman Johnson. Received a letter Received a letter exchange. by Alderman Marshall to approve the minutes of the regular of September 3, 1996, as presented, seconded by Alderwoman Kilpatrick. carried 7--0. CORRESPONDENCE: Received the September 20th agenda from the Montana Tradeport Authority. from the Montana Municipal Insurance Authority. from the Bureau of Land Management regarding a proposed Burson from Cal Cumin regarding a sign meeting Motion land regarding the of Survey No. in Received a letter from Ken Petro, Duck Creek Volunteer Fire Department, complimenting the Laurel Volunteer Fire Department. Received a copy of a letter to Patrick Mullaney from Cal Cumin development of Amended Tracts A and B of corrected Certificate 2039. Received a copy of a letter to Kevin violation of city zoning codes. Received a letter of interest from William Staudinger for Ward IV Alderman. Received a letter of interest from L. D. Collins for Ward IV Alderman. Received notification of application for transfer of ownership of All-Alcoholic Beverage License No. 03-044-9538-001, at the Palm Beach Club. Received the September 10, 1996 agenda and other memos from the Historic Preservation Board. Received information regarding a transportation planning workshop, 23-24, 1996 at Whitefish, MT. Received the June minutes and activity report from the Air Pollution Board. Received the 1995-96 annual report from the Yellowstone City-County Department. CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENTS The City Clerk's and City Treasurer's financial statements for August were presented. Motion by Alderwoman KilDatrick that the City Clerk's and City financial statements for the month of August, 1996, be approved, Alderman Orr. Motion carried 7--0. Montana Supper Yellowstone October Control Health the month of Treasurer's seconded by LYNETTE PERKINS - HERBSTFEST: Lynette Perkins, President of the Laurel Herbstfest Board, read her letter dated September 17, 1996, addressed to the Mayor and the Laurel City Council. She apologized for not meeting with the council sooner. The board is asking permission from the city council for a list of requests pertaining to the Herbstfest on September 26-29, 1996. Alderman Easton commented that the Park Committee, Police Department and Minutes of the City Council of Laurel Page 2 Council Meeting of September 17, 1996 The council, Mike Zuhoski as Police Sergeant, Jim Flisrand as Director of Public Works and Donna Kilpatrick as Chairman of Parks Committee, were in agreement with the requests. Motion by Alderwoman Kilpatrick to approve the requests presented by the Laurel Herbstfest Committee in a letter dated September 17, 1996 with the stipulation that they are reviewed by the Department of Public Works, Police Department, and Parks Committee, seconded by Alderman Johnson. Motion carried 7--0. MARION COLEMAN - COUNCIL ON AGING: Not Present. STEVE COSNER - LAUREL STUDY COMMISSION: Steve Cosnet, Chairman of the Laurel Study Commission, Ken Olson, and Joe Bradley were present to review the proposed Charter with the council. Steve handed the Charter out to the council at the last council meeting and asked them to read it. The Study Commission will start to review the Charter with the council tonight and continue at the next couple of council meetings. Steve gave some background information on why the Study Commission chose the Charter. Ken Olson gave a discussion on the nature of self-governing powers and Joe Bradley began to review each section of the Charter with the council and the public that was in attendance. APPOINT REPLACEMENT - JOHN MINCH, WARD IV ALDERMAN: Don Hackmann, City Clerk, created when Alderman Minch William Staudinger and L.D. received two letters of resigned from Ward IV. Collins. interest for the vacancy Letters were received from William Staudinger stated that he is interested in serving as Alderman in Ward IV. He has lived in Laurel since 1954 and has participated on several committees and in clubs within the community. He figured it was time to see if he could help the City of Laurel. He is retired and has plenty of time to serve the people in his ward and the city. He said he would be interested in running in the 1997 election for Alderman in Ward IV. L.D. Collins stated that he has previously served eight years as a councilman for the City of Laurel. He has served on the Yellowstone County Air Quality Board for 12 years. He has lived in Laurel for over 35 years and feels that the City of Laurel needs someone that is in business to serve on the council. L.D. Collins is the owner of Blue Bell Auction. He also said he would be interested in running in the 1997 election for Alderman in Ward IV. Motion by Alderman Johnson to nominate William Staudinger to fill the vacancy for Alderman in Ward IV, seconded by Alderman Orr. Motion carried 7--0. Motion by Alderman Marshall to nominate L.D. Collins for Alderman in Ward IV, seconded by Alderwoman Kilpatrick. with Alderman Walton voting "NO". to fill the vacancy Motion carried 6--1 Motion by Alderman Marshall to have the council vote by secret ballot, seconded by Alderman Kroll. Motion carried 7--0. The secret ballot voting results were L.D. Collins receiving 2 votes and William Staudinger receiving 5 votes. Motion by Alderman Marshall to appoint William Staudinger to fill the vacancy for Alderman in Ward IV, seconded by Alderman Orr. Motion carried 7--0. SALARY OF THE CITY JUDGE: ORDINANCE NO. 096-4 (second reading) SALARY OF THE CITY JUDGE Public Hearing: No Comments. Motion by Alderman Marshall to close the public hearing, seconded by Alderman Walton. Motion carried 7--0. Motion by Alderman Marshall that Ordinance No. 096-4 (second reading) be passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen voted, "YES". Motion carried 7--0. Minutes of the City Council of Laurel Page 3 Council Meeting of September i7, 1996 AMENDING THE LAUREL MUNICIPAL CODE, ZONING: ORDINANCE NO. 096-5 (first reading) AMENDING TITLE 17 OF THE LAUREL MUNICIPAL CODE, ZONING Motion by Alderman Marshall that Ordinance No. 096-5 (first readingl passed and adopted, seconded by Alderwoman Kilpatrick. A roll call vote was taken and all aldermen voted "YES". Motion carried Cal Cumin stated there will be an amendment to regarding setbacks in residential areas. COMMITTEE REPORTS: --Board of Adjustment minutes of September 10, the ordinance in the near 1996 were presented. be 7--0. future Motion by Alderman September 10, 1996, into 7--0. Marshall to the record, enter the Board of Adjustment minutes of seconded by Alderman Kroll. Motion carried --Budget/Finance Committee minutes of September 3, 1996 were presented and reviewed. Motion by Alderwoman KilDatrick to enter minutes of September 3, 1996, into the record, Motion carried 7--0. the Budget/Finance seconded by Alderman Committee Johnson. --City Council Committee of the Whole minutes of September 3, 1996 were presented. Motion by Alderwoman KilDatrick to enter the City Council Committee of the Whole minutes of September 3, 1996, into the record, seconded by Alderman Kroll. Motion carried 7--0. --City-County Planning Board minutes of September 12, 1996 were presented and reviewed. HOME OCCUPATION - TED TUCKER Ted Tucker, 1215 12th Street Circle, was not present at the council meeting. He has applied for a home occupation to run a wholesale distribution business out of his home. He attended the City-County Planning Board and stated there are no other employees, no traffic, and no stock kept at his home. All transactions are done over a fax machine and he orders goods from a distributor in Salt Lake City. Cal Cumin recommended approval. Motion by Alderman Kroll to grant a home occupation to Ted Tucker to operate a wholesale distribution business, seconded by Alderman Johnson. Motion carried 7--0. Mayor Chuck Rodgets arrived at the meeting. HOME OCCUPATION - CYNTHIA PETERSON Cynthia Peterson, 922 10th Avenue, applied for a home occupation to run a dog grooming and pet sitting business out of her home. She stated that she will pick up and deliver the pets to be groomed. The pet sitting service will be done at the pet owner's home. In the mornings she will go and check on the dogs that she is caring for. At the same time she will pick up dogs to groom and will then go back to check on dogs at mid day and again later. She stated she will not be boarding dogs at her home. Alderman Marshall asked if the bark and create a nuisance to matter? dogs that she is pet sitting would continually the neighborhood, how would she control this She stated that she would leave her business card with a neighbor that lives close to the house so they could call her if there was a problem. She has different size kennels that she can put the dog into and place the kennel in the house or garage so the dog would not be able to damage the home owner's property. Minutes of the City Council of Laurel Page 4 Council Meeting of September 17, 1996 The City-County Planning Board recommended approval subject to no traffic or customers coming to the home. There would be no change to the residential area. Motion by Alderman Marshall to grant a home occupation to Cynthia Peterson to operate a dog grooming and pet sitting business, seconded by Alderman Orr. Motion carried 7--0. LINDA MCNABB - 517 FAIRVIEW LANE - AMENDED PLAT Linda McNabb, 517 Fairview Lane, explained that she lives on the corner of West 12th Street and Fairview Lane. They have two driveways at the residence, one that exits onto Fairview Lane and one that exits onto West 12th Street. She stated that the driveway exiting onto Fairview Lane is unsafe because when backing out they have to look in three different directions. One direction is blocked because of a curve in the road and the other two are blocked because of fences. The driveway that exits onto West 12th Street is illegal because of a 1 foot no access strip on West 12th Street. Linda stated they became aware of this when there was discussion on SID 110. She hired a surveyor to draw up an amended plat. They have done a one block amendment to the subdivision plat. Linda stated that the driveway on West 12th Street has been there for the last ten years. It has not been a hazard or an inconvenience. The driveway is circular and they drive out onto West 12th Street instead of backing out. There is no view obstruction when entering West 12th Street. Cal Cumin recommended that the amended plat be approved. Motion by Alderman Marshall Lane subject to review by the Motion carried 7--0. to approve the amended plat for 517 City Attorney, seconded by Alderman Fairview Johnson. --Fire Committee minutes of September 10, 1996 were presented and reviewed. Motion by Alderman Marshall to enter the Fire Committee minutes of September 10, 1996, into the record, seconded by Alderman Orr. Motion carried 7--0. --Licerice Committee minutes of September 16, 1996 were presented and reviewed. Don and Mary Ann Johnson have requested to have a commercial business at 911 1st Avenue to sell satellite dishes during the Herbstfest weekend. Joe Leckie, City Attorney, stated that Don Johnson cannot sell in a residential zone at 911 1st Avenue. Motion by Alderman Marshall to deny Don and Mary Ann Johnson a business at 911 1st Avenue or in any residential area, seconded by Kilpatrick. Motion carried 7--0. commercial Alderwoman Motion by Alderman Kroll to September 16, 1996, into the record, carried 7--0. enter the Licence Committee minutes of seconded by Alderwoman Kilpatrick. Motion -Public Buildings-Lands-Parking Committee minutes of September 5, 1996 were presented and reviewed. Discussion concerning the Martin properties. Jim stated that Larry McCann has information regarding all of Jim Martin's properties and letters will be sent to pursue abatement proceedings. Motion by Alderman Marshall Committee minutes of September 5, Orr. Motion carried 7--0. to enter the Public Buildings-Lands-Parking 1996, into the record, seconded by Alderman --Public Utilities Committee minutes of September 9, 1996 were presented and reviewed. Motion by Alderman Marshall to enter the Public Utilities Committee minutes of September 9, 1996, into the record, seconded by Alderman Walton. Motion carried 7--00 COMMENTS FROM THE AUDIENCE: John Minch addressed the city council with the concern that his Water Operator's License will expire this year. He had the license when he worked at the water plant and continued it when he relocated to the shop. His license will expire this year and he learned today that the city would no lnn~r ~nH h~m~l~ ~ Minutes of the City Council of Laurel Page 5 Council Meeting of September ,17, 1996 is wondering if this was a'decision of the Personnel Committee, Committee or who made the decision. Utilities Mayor Rodgets was sitting in the audience and stated that this issue has been discussed several times. It was felt that if the employees are not using the license, then maybe the city should not be paying for it. If an employee wants to keep up the license for their own use or job security, then it should be up to them. He stated it was discussed with the personnel and with the director of public works. John felt that in order to have a good working relationship it might have been a good idea to let the employees know that this was the situation. The comment was made to him that it was not going to be done this year, and his license is the only one to be renewed this year. Jim Flisrand said that he indicated to John there has been discussion and it was felt that the two employees from the shop probably would not have the renewal of their license paid for by the city. He did not intend in the conversation to specifically mean this year only. It is not a benefit to the city to pay for the license for the two employees that work at the shop. They are not experienced at the job anymore and do not do this type of work at the shop. There are four operators and two relief operators at the water plant. It would not be beneficial to the city to pay for the additional cost of lodging, testing, classes, etc. John said in Jim's estimation it is not his idea to keep his qualified. John figures if a situation did occur, there would be two from the shop that could fill in at the water plant. employees employees Jim feels that if an employee was taken away from a department of that nature for a long period of time, it may not be wise to have that employee fill in during an emergency situation. John brought up another point that he and the other employee, Sue Strand, were told that during the winter months they would be sent to the water plant at different times to re-familiarize themselves with the plant. They would then be available to work at the plant if a situation did arise. John is more interested in knowing where the decision for not allowing him to renew his license through the city came from. Alderwoman Kilpatrick stated she is a member of the Personnel Committee and has not heard discussion on this. It would seem to her that if the city is trying to use employees in ether areas and different departments, it would make sense to have someone step in and take over some of the overtime. Alderman Easton referred this issue to the Personnel Committee to review it and report back to the council. Alderman Marshall asked began working again in re-certify the license? John if his license expired and then in a few years he the water plant, how difficult would it be for him to John replied he would have to go back to school and re-test to re-certify the license. He doesn't have to re-test to renew the license. John said the biggest expense is the travel and motel room. This year he is on workman's comp and they would probably approve him to go to school. The city would not be paying him wages while he is in Bozeman going to school. The school starts Monday, September 23, 1996. John didn't go through the grievance procedure because he would not have had an answer by Monday. Dave Michael stated that John has two years to renew the license, from July 1, 1996 to June 30, 1996. There are other schools he can attend, if he doesn't make this one. The cost of the license is about $35.00 and the expenses for a week of school in Bozeman would probably cost $300.00 to $325.00. Dave said the city sends someone to the school every other year. John stated this is the reason he thought he was going to Bozeman this year. Mayor Rodgets asked if there has been work done regarding scheduling and utilizing the time of these two employees at the water plant? Dave replied there has been discussion but feels there needs to be more review by the Personnel Committee. Mayor Rodgets recalls that it has been quite a while since there was conversation on this issue. It was discussed last year Minutes of the City Council of Laurel Page 6 Council Meeting of September 17, 1996 The Personnel Committee will review it. YELLOWSTONE COUNTY COALITION Dirk handed out a memorandum from Mark S. Watson, City Administrator, regarding 1997 Legislative positions. There are five agenda items to dedicate to the next legislature. The first agenda item was from the county commissioner for the use of coal trust monies to help meet infrastructure needs of Montana. Another agenda item was from Montana Tradeport Authority on local option taxes. They want the county to levy their own taxes. There was an agenda item from the city administrator on Legislative Position on SO-2 which is the Hannah Bill. This position requires repealing the provisions of the Hannah Bill and returning Yellowstone County to state standards. An agenda item was from Montana Tradeport Authority for funding of the Shiloh Interchange. They are six million under their goal and are looking for options to fund the shortage. One of the options is a local option tax. The last agerids item is for the "Dollar for Dollar" philosophy by Yellowstone County delegation. The City of Billings and Yellowstone County represent the largest population center in the State of Montana. Dirk feels that Laurel should have a voice and be involved. He asked the council members for ideas. He will be going to the Montana League of Cities and Towns convention in October. He will take ideas so Laurel can be better represented in the 1997 Legislature. CTEP PROGRAM FUNDING Cal Cumin stated that applying for CTEP funds is a long and difficult process. He referred to the Lions Club applying for $35,000.00 funding on the South Pond beautification. It will take them the same amount of paper work to acquire the $35,000.00 as it would to acquire $20,000,000.00 for the interchange. It is a federal aid program so the same standards apply whether it is a small or large project. The group that handles a lot of grants in Yellowstone County is the Grant Development Office at the Tradeport. They have no one to administer this program. The county is looking into funding a project manager for the CTEP funds, which will probably be Cal. The county and City of Billings will partially fund it. They are asking Laurel if they would be interested in participating in the program and willing to donate $1,000.00. The program will do the financial management of the grants. Motion by Office of the Motion carried Alderman Walton to commit Tradeport for CTEP funding, $1,000.00 to the Grant seconded by Alderwoman Development Kilpatrick. MANUFACTURED HOUSING - LETTER FROM RUBY HANSON Cal reviewed the correspondence from Ruby Hanson with the council. He went over the contents of the letter regarding manufactured homes. Alderman Easton announced that the Street and Alley Committee has been rescheduled for 5:30 p.m. on September 24, 1996. There being no further business to come before the council at this time, meeting was adjourned at 9:13 p.m. Donald L. Hackmann, City Clerk the Approved by the Mayor and passed Montana, this 1st day of October, Donald L. Backmann, City Clerk by the City Council of the City of 1996. ares Rodgers,~Fa~ Laurel,