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HomeMy WebLinkAboutCity Council Minutes 01.02.2001MINUTES OF THE CITY COUNCIL OF IAIIHEL January2, 2001 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 Rodgers at 7:00 p.m. on January 2, 2001. COUNCIL MEMBERS PRESENT: Lauren Van Roekel Ken Olson Gay Easton Bill Staudinger Gary Temple Mark Mace Daniel Dart Bud Johnson COUNCIL MEMBERS ABSENT: None Judge Jean Kerr conducted the swearing in ceremony for Matt Erekson, the new city attorney. Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. MINUTES: Motion by Alderman Staudinger to approve the minutes of the regular meeting of December 19, 2000, as presented, seconded by Alderman Dart. Motion carried 8-0. CORRESPONDENCE: State of Montana Department of Administration: Letter of December 14, 2000, regarding 2002-2003 Information Technology Plan. Sol Lovas, Lawyer, P.C.: Letter of December 20, 2000, regarding Billie Riddle's Trust. c. Montana/Wyoming Association of Railroad Passengers newsletter. Montana Department of Commerce: Letter of December 21, 2000 regarding changes to CDBG program. Montana Department of Commerce Economic Development: Letter of December 19, 2000, regarding changes to CDBG ED program. PUBLIC HEAR1NG: Ordinance No. 000-6 ORDINANCE NO. O00-6 AN ORDINANCE PROVIDING FOR THE REPEAL OF PREVIOUS ORDINANCES NO. 822 AND NO. 1080 AND ELIMINATES THE CREATION OF LOADING ZONES ON WYOMING AND WASHINGTON AVENUES. Mayor Rodgers set the ground rules for the public hearing. Mayor Rodgers opened the Public hearing. Mayor Rodgers asked if there were any proponents. Paul Thomae, the owner of Thomae Lumber, spoke regarding the loading zones near his business on Wyoming and Washington Avenues. He presented the history of the loading zone issue, and he stated that the streets were not built with a proper base. At a previous meeting, he told the council that he would repair the streets if his business damaged them after they were built properly. Soon after that the city dug up and repaired the west half of Washington Avenue, leaving the east side as it was. Thomae Lumber has provided service and employment for people in Laurel and surrounding areas for the past eighteen years. He stated that numerous lumber yards throughout Montana that unload in the street: Livingston, Columbus, Absarokee, Dillon, Helena, Bozeman, Hardin, Harlowton, Roundup, Malta, Glendive, Miles City, Plentywood, Circle, Richey, Terry, Forsyth, and Council Minutes of January 2, 2001 Wyoming cities of Powell, Cody, CJreybull, Riverton. He again stated that they would repair the street if it were damaged after being properly built. Thomae Lumber pays city and state taxes, provides employment for people, provides a service to Laurel residents and wants to stay in business here in Laurel. Mr. Thomae stated that the telephones would ring if they were required to block the streets offwhile unloading. Mr. Thomae introduced his attorney, Stewart Kirkpatrick. Alderman Easton asked if there were any other alternative for unloading besides using the street. Paul stated that there is not enough room to unload a semi in the yard and it would limit his storage space. He stated that three to five trucks usually unload each day. He stated that he thought the biggest issue is the street. Alderman Johnson asked if any safety factor is involved while employees are using forklifts to unload trucks. Mr. Thomae did not think that there was a safety factor. Alderman Johnson has received comments regarding small trucks that block the streets, and stated that Paul was correct about receiving phone calls from residents who complained about blocked streets. Alderman Johnson questioned the safety of the community as well as the employees of Thomae Lumber. Sandy Thomae stated that all of their drivers receive certified forklift training and are very aware of their surroundings and the capabilities of a forklift. Alderman Temple asked if the street damage is from the forklift and why they cause damage. Paul stated that the damage is caused because there is no base in the streets. Alderman Temple asked if maintenance agreements on public streets are good for both parties. Paul again stated that he would fix damage to the streets if they were built properly. Alderman Olson asked regarding an alternative site for unloading. Paul stated that he does not have enough space to unload a semi and store the materials inside the fence at the current location. Alderman Mace stated that a liability issue is involved here, and the other cities will also have to address the liability issues in their location. These issues were not prevalent fifteen to eighteen years ago. He stated that it is time to address this issue. Alderman Staudinger has never seen cones or signs displayed while trucks are being unloaded at Thomae Lumber. Paul said that he would be willing to use cones. Stewart Kirkpatrick stated that Matt Erekson is a good choice for the attorney position, and he mentioned his regret to see Joe Leckie leave. Mr. Kirkpatrick addressed several issues. He stated that he would advise Paul to use cones while unloading. He emphasized that a loading zone is necessary for the survival of Thomae Lumber. The City of Laurel could be protected from any claims or damages that might arise as a result of the problem because Thomae would be willing to indemnify the city. They would also maintain the streets once they are built properly. Mr. Kirkpatrick stated that because Thomae Lumber has been in business for eighteen years and this ordinance was created for them, he has a right to continue his business. Mr. Kirkpatrick presented information regarding the legal implications regarding this issue. The issue of indemnification was questioned and discussed. Alderman Easton stated that the ordinance provided for use of half of the street for unloading, but they want to use the whole street now. Mr. Thomae stated that semis have to be unloaded from both sides. Alderman Temple stated that there were plenty of opportunities for Mr. Thomae to address the issue at task force and Public Works Committee meetings. Mr. Kirkpatrick asked the council for a contractual agreement between Thomae Lumber and the City of Laurel regarding this issue. Mr. Kirkpatrick thanked Mayor Rodgers for his time. Mayor Rodgers asked if there were any other proponents. Council Minutes of January 2, 2001 Curtis Peterson, a Thomae Lumber employee, stated that several families depend upon Thomae for employment. Mayor Rodgers asked three times if there were any other proponents. Mayor Rodgers asked if there were any opponents. Bob Robinson, 916 Washington Avenue, Stated that he is not against Thomae Lumber and does not want to run any businesses out of Laurel. HoWever, there is a problem with the condition of the street and there is a safety issue. There was a discussion regarding the safety factors involved in this loading zone and the need to block offthe street while unloading is being done. Mayor Rodgers asked three times if there were any other opponents. Motion by Alderman Mace to close the public hearing, seconded by Alderman Olson. Motion carded 8-0. Mayor Rodgers thanked everyone for the input during the public hearing. CONSENT ITEMS: a. Claims for the month of December 2000 in the amount of $350,598.49. A complete listing of the claims and their amounts is on file in the Clerk-Treasurer' s Office. b. Receiving the Committee Reports into the Record. --Budget/Finance Committee minutes of December 4, 2000 were presented. --Board of Adjustments minutes of December 12, 2000 were presented. --City Council Committee of the Whole minutes of December 19, 2000 were presented. The mayor asked if there was any separation of consent items. There was none. Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Olson. Motion carried 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. Mayor Rodgers asked for suggestions for a replacement for Bill Brennan's position on the Police Commission. City Attorney: Mayor Rodgers appointed Matt Erekson as the City Attorney, such appointment to expire at the end of Mayor Rodgers' term in January 2002. Motion by Alderman Staudinger to confirm the appointment of Matt Erekson as the City Attorney, such appointment to expire at the end of Mayor Rodgers' term in January 2002, seconded by Alderman Olson. Motion carded 8-0. b. Ordinance No. 000-6: An ordinance providing for the repeal of previous Ordinances No. 822 and No. 1080 and eliminates the creation of loading zones on Wyoming and Washington Avenues. Second reading. ORDINANCE NO. 000-6 AN ORDINANCE PROVIDING FOR THE REPEAL OF PREVIOUS ORDINANCES NO. 822 AND NO. 1080 AND ELIMINATES THE CREATION OF LOADING ZONES ON wYOMING AND WASHINGTON AVENUES~ Council Minutes of January 2, 2001 Motion by Alderman Easton to approve Ordinance No. 000-6, an ordinance providing for the repeal of previous Ordinances No. 822 and 1080, seconded by Alderman Johnson. The council had a discussion on Ordinance No. 000-6. Alderman Temple questioned Larry McCann regarding the cost to properly repair the streets. Larry estimated the cost to be $38,000, based upon the work recently completed on the street behind the FAP Building. His concern was that the street be properly built to begin with in order to avoid any conflicts if a maintenance agreement were accepted with Thomae. Alderman Temple stated that the people of Laurel should not have to pay the cost to repair these streets. Alderman Olson asked to have Mary Embleton, acting secretary, read Alderman Easton's motion. Alderman Easton motioned to pass Ordinance 000-6, an ordinance providing for the repeal of previous Ordinances No. 822 and 1080. Alderman Johnson stated that he is not comfortable with indemnification. He emphasized that the safety issue regarding this situation is of utmost concern to the City of Laurel. Safety is important for members of the community and the employees of Thomae Lumber. He stated that the original loading zone was to be the east half of Wyoming and the west half of Washington, but now it is contended that it was not like that. Alderman Johnson stated that previous minutes said that $10,000 would have corrected the off-street parking situation. At the time of Thomae Lumber's remodeling, that situation should have been addressed. He stated that the on-street loading should not continue because there are more hazards in allowing it than in removing it. Alderman Easton agreed with Alderman Johnson regarding the safety issue. Instead of adding stipulations to the present ordinance, he mentioned that the Public Works Committee recommended repealing the ordinance and then presenting a new proposal. The liability exposure for the city is too great with the present situation. Alderman Temple mentioned that solutions could be considered at the Public Works Committee meeting on Monday, January 8th. Mayor Rodgers stated that the ordinance would not be effective for thirty days after final passage. Alderman Easton stated that a variance should be considered if no workable solution had been found within thirty days. Alderman Staudinger agreed that a grace period would be necessary. Alderman Van Roekal asked regarding points made by Mr. Kirkpatrick Attorney Erekson stated that due process requirements were met and the city can do whatever is necessary on the streets. Alderman Johnson stated that Mr. Thomae would also have a right to challenge the city on its decision. Alderman Temple requested that Matt Erekson attend the Public Works Committee meeting on January 8th. Alderman Van Roekel asked if a professional safety expert examined this situation. Alderman Temple stated that there would be a $50,000 to $60,000 cost factor to fix the street. Alderman Easton stated that MMIA's professional safety expert and the Montana Highway Department have been approached regarding this situation. A roll call vote was taken on the motiOn to approve Ordinance No. 000-6. Aldermen Temple, Mace, Dart, Johnson, Olson, Easton and Staudinger voted aye. Alderman Van Roekel voted nay. Motion carried 7-1. Mayor Rodgers thanked everyone for their participation and stated that a solution would be worked out for this situation. Paul Thomae stated that the $10,000 to which Alderman Johnson referred was in lieu of a parking lot. Mayor Rodgers stated that this could be researched further. UNSCHEDULED MATTERS: Council Minutes of January 2, 2001 a. Fire Chief Jim Stevens. Chief Stevens informed that there were 222 call outs in 2000, 25% more than the previous high. Some of the calls were attributed to the dry weather, and more carbon monoxide calls are being received than in the past. Two firemen resigned last month, and applications are presently being accepted. Alderman Olson asked for actual man-hours involved in the 222 calls and estimated that 6,700 hours were spent. Alderman Temple commented that the ambulance and police reserves also serve many hours. b. Joe Leckie. Joe Leckie thanked the council and staff for the opportunity to serve as ~City Attorney for the City of Laurel. There being no further business to come before the council at this time, the meeting was adjourned at 8:34 p.m. : Cindy Alle~ Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 16th day of January, 2001. Charles G. Rodgers, Major Attest: Mary Ki~nibleton, Clerk-Treasurer 5