HomeMy WebLinkAboutLicense Committee Minutes 08.25.1994
MINUTES
LICENSE COMMITTEE
AUGUST 25, 1994 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Bob Graham, Chairman Gay Easton
Albert Ehrlick Ron Marshall
Vicki Metzger Mike Atkinson
OTHERS PRESENT: Larry McCann Donna Kilpatrick
Joe Bradley L.D. Collins
Dean Rankin Steve Barlow
Kim Adberg Jim Flisrand
V.Joe Leckie
Dean Rankin from Laurel Coast to Coast stated he was here to
observe what the discussion was at this proceedings. He has applied
for an encroachment permit. He would like to display his
merchandise on the sidewalk around his business for several
reasons. First to provide a service in the community by increasing
business and by taking care of customers. He is trying to follow
the rules as best as he can. In 14 years he has never had a formal
complaint or injury to the best of his knowledge. He feels their
track record is good.
Ron Marshall pointed out that they have moved the lawn mowers
parallel to the building which has helped considerably.
Albert Ehrlick agreed.
L.D. Collins pointed out the H & R Block encroachment. He said if
we allowed an encroachment on a city 10 foot sidewalk, what about
a 3 foot sidewalk. Would people have to walk in the gutter? If we
allow this one, what about another? He stated the City is not
uniform, Coast to Coast may not be a problem, H & R Block might not
be a problem, but what about Thomae Lumber, they only have a 4 foot
sidewalk. Would we allow Thomae to set up merchandise? if so, the
people would have to walk out in the street. He stated the City
will have trouble since we are not uniform.
Vicki Metzger pointed out that if we deny this encroachment, we
will have to enforce our decision. We not only will have to
enforce it at Coast to Coast, but everywhere merchandise is being
displayed.
1
If
Ron Marshall asked what is the difference between Coast to Coast
and H & R Block. The way he sees it is H & R Block asked for the
encroachment to comply with ADA for handicap access. Coast to Coast
is doing this for merchandising purposes for profit.
Vicki Metzger asked Mike Atkinson in the 14 years Coast to Coast
has had merchandise on the sidewalk, had the police department
received any complaints.
Mike Atkinson stated they had one maybe two, but it was the same
person complaining.
Bob Graham commented he has had people come to him questioning the
lawn mowers.
Dean Rankin acknowledged that it had gotten out of control, but he
feels they have remedied this and there is not the congestion now.
Bob Graham stated that we must look at Vicki Metzger's statement.
First , if we tell Coast to Coast they must remove the lawn mowers,
we will have to enforce it with Coast to Coast and everyone else,
except those we grant an encroachment to. Second, if we grant Coast
to Coast an encroachment and they pay the fee, we will have to take
a look at every business and have them go through the same
proceedings. The size of the sidewalk will be a factor in our
determination. We do have the right to say no.
Gay Easton mentioned the yearly fee H & R Block is paying. He said
it must come back to council for a annual review, so if there is a
problem, we can deny the encroachment.
L.D. Collins felt the permit should be paid for. The reasons for
this would be, the secretaries and the Treasurer have the extra
paperwork that goes with the encroachment. If a business wants
additional space, they should pay for it and have an annual review.
Bob Graham asked if Coast to Coast would be willing to indemnify
the City for the protection from lawsuits, accidents, or injuries.
Dean Rankin said there would be no problem. Coast to Coast has full
liablity insurance covering the outside and the inside of the
store.
L.D. Collins asked Dean Rankin if it would be advantageous for the
lawn mowers to be moved across the street.
Dean Rankin stated this was considered, but it was impractical.
Dean Rankin continued by stating the property is up for sale at
2
this time, and moving the lawn mowers there is not workable.
Ron Marshall stated there are other businesses merchandising on the
city sidewalks. He felt if Coast to Coast was being assessed an
encroachment fee, the other businesses should do the same.
L.D. Collins pointed out there is a fee for a permanent
encroachment.
Vicki Metzger stated the lawn mowers are not permanent.
L.D. Colllins said that once you allow the lawn mowers on the
sidewalk, they are permanent.
Vicki Metzger stated H & R Block has a cement structure that can't
be moved.
L.D. Collins said we can take it out any time we want.
Dean Rankin commented that he only uses the sidewalk certain times
of the year, but he would want the 12 month encroachment.
Joe Leckie stated we do have a temporary encroachment, but added
that it may be just for Crazy Days and special occasions.
Motion by Gay Easton, seconded by Ron Marshall, to grant the
encroachment to Coast to Coast, with proof the City is included on
the Coast to Coast liability insurance policy.
Asphalt Supply represented by Kim Adberg applied for a Laurel
Business License.
Bob Graham stated Laurel Business Licenses are non-transferable.
This license must be re-approved. He continued saying many people
had wanted to be at this meeting tonight, but could not attend
until a later date. He said with all the controversy with this
business, he would not accept a motion to approve or disapprove
this license. He explained that the City was not trying to stall
their company, we were proceeding with caution due to past
litagation.
Kim Adberg apoligized for Mr. Zimmerman not being present, but the
short notice made it impossible for him to attend. She continued to
say her concern right now was the delay, they have not closed the
plant sale to date. If they can't get a business license, they will
not complete the closing.
Vicki Metzger stated for the next meeting, the City would need a
3
list of chemicals used or stored at the plant. Any structural
changes, or planned changes.
Kim Adberg said there will be no changes to the structure. The
operation will have no changes, it will operate as it always has.
L.D. Collins said he hoped it would not operate the same as always.
Kim Adberg continued saying the products produced there would not
change. Products being made and chemicals being stored there are
120 and 150 asphalt, and butanol latex.
Vicki Metzger asked if Kim Adberg had any problems with the City
Fire Inspector doing an inspection.
Kim Adberg said a fire inspection could be done immediately.
Bob Graham instructed Kim Adberg to talk to Larry McCann after the
meeting to set up a date and time for the fire inspection.
L.D. Collins stated he would like the Air Quality Control Board to
come and inspect the premises.
Vicki Metzger stated they had been notified and Steve Duganz would
be at the next meeting.
Ron Marshall requested the past council minutes be researched. He
believes two stipulations were made at the time Asphalt Supply was
licensed. One being the no transfer of ownership, Asphalt Supply
would be the only owner, once the business closed, it could not be
re-opened. Two being there would be no remodeling or revamping of
the facility. Over the years we have denied them any changes.
Bob Graham thanked Joe Bradley for attending the meeting. Bob
Graham then asked Joe Bradley if he recalled anything legally we
stipulated to Asphalt Supply.
Joe Bradley stated he did not believe that we could have ever
prohibited transfer of ownership. However, we did unzone them and
turned them into a non-conforming use which would have prohibited
Asphalt Supply from making any substantial modification without a
variance application.
Joe Bradley suggested we locate the engineer report so the fire
inspector could consult it before doing the inspection.
Joe Bradley stated the City did not believe the original owners
fully disclosed what they would be doing over there. The process
4
they were using had a naptha base blended with asphalt which was
causing most of the problems. Joe understands they haven't been
making that particular blend for years.
Kim Adberg stated they had not.
Joe Bradley said consequently the complaints of odor have dropped
off considerably.
Kim Adberg stated that is an awful substance, and they would not be
doing anything with naptha whatsoever.
Joe Bradley stated there were other complaints about truck drivers
and delivery men, noise when they came in, trash flying around.
Kim Adberg said she was sure there would be no problems such as
trucks idling. Load time would only be an hour. The other problems
could be addressed and could be worked out.
Bob Graham stated these are problems that will be brought up again,
and Kim should be prepared next time for similar questions.
Bob Graham continued to say there will be another meeting scheduled
for August 31, 1994 at 7:OOP.M.. We should have the fire inspectors
report and the engineer report. Air Quality will be present at the
next meeting.
Vicki explained Inoco should bring to the next meeting a list of
the chemicals being used and stored at the plant, including toxic
or hazardous materials.
Kim Adberg stated there are no toxic materials at the plant.
Larry McCann said anything that you have over there with MSADS.
L.D. Collins asked if the company had any movable tanks?
Kim Adberg stated almost any tank that is not too big is movable.
L.D. Collins clarified his question by saying truck trailer tanks
that are movable that are on wheels. He questioned whether Inoco
has any RC Cutter tanks, that can moved in Laurel, Montana.
Kim Adberg said Inoco owns tank trucks.
L.D. Collins stated that this is the same problem we had with the
people out of Salt Lake City. They told us no, we are not going to
have any tanks for that. So they didn't put any tanks in for that.
They backed their tractor trailer in there and just plugged it up.
Anytime that they got an order to make some type of asphalt, if it
was not exactly what they make, they would just go and get the
chemicals and bring them back and plug it up. It was not a
5
n
permanent tank anymore because it was on wheels. They used them as
storage.
Kim Adberg said Inoco does not use their tanker units as storage.
Bob Graham explained these questions and more are likely to be
asked again at the next meeting.
L.D. asked for an updated schematic of the plant.
Kim Adberg stated they can't incur too many more expenses in order
for us to say no you can't have this license. They are willing to
do whatever it takes, but without having a yea or nay or maybe, but
having up in the air, the expense is too great.
L.D. Collins explained Asphalt Supply should already have one for
her to bring.
Kim Adberg stated they will do everything they can to provide the
information. She requested a copy of the minutes and reports for
her company to review.
Vicki Metzger told Kim to come into the office and she would
provide them.
Kim Adberg stated they have taken over the plant but they have not
closed at the bank.
Joe Bradley asked Kim when Inoco expected to end their campaign
this year.
Kim Adberg replied they have a job that starts September 12th and
it will take two weeks.
Joe Bradley asked Kim if they would close down by the end of
September.
Kim Adberg said the job would only take about two weeks and they
had nothing lined up for this year. The bids for next year are
coming up. She stated that the reason they want this licensing done
is they will not buy the plant if they can't do business.
Design Hair Studio has applied for a business license.
Larry McCann explained Rob Harris did the fire inspection and it
passed.
Bob Graham told the committee Design Hair Studio has been approved
by the Board of Adjustments. He explained the controversy we had at
City Council was why we would allow a tanning booth to go in there
6
and why did it go to the Board of Adjustments and not the Council.
L.D. Collins stated that a hair salon could be there because they
are professional but the tanning booth is commercial and should not
be there.
Joe Leckie said he would have to take a look at it, but he believed
the Board of Adjustments made a determination that the tanning
service was part of the professional service therefore it was all
one service, not a different business.
L.D. Collins pointed out in the past we refused a lady in a
residential area tanning booths. She then was forced to sell them.
We wouldn't allow her so we shouldn't allow it now.
Bob Graham explained in the past the council and the license
committee has looked very strongly into home occupation. Bob has
not seen the minutes of the Board of Adjustments so he can't
really comment on what they did. He felt the tanning parlor should
have gone through a home occupation, and it would have been turned
down because it has traffic coming into it.
L.D. Collins stated they may say it is grandfathered in but it is
grandfathered in as professional.
Bob Graham said he was concerned because of the legal point of this
committee or the City Council right to vote against the Board of
Adjustments.
Donna Kilpatrick stated the reason it went to the Board of
Adjustments is because Cal Cumin denied the request, and because of
this denial it went to the Board of Adjustments.
L.D. Collins asked why Cal Cumin denied this.
Donna Kilpatrick explained that it was grandfathered in with the
beauty shop. He felt it was an extension of this business.
Joe Leckie stated the Board of Adjustments ruled it was permissible
as part of their hair salon. He continued by saying the only
alternative to that now is, a petition to District Court. That can
be done by any person who disagrees with the Boards decision.
Joe Leckie asked Donna Kilpatrick what they did at the Boards
meeting. Did they say the tanning parlor is part of the beauty
salon is similar use.
7
C
Donna Kilpatrick said the people that where at the meeting
protesting this, were worried about losing their zone when they
found out the zone would not change, they were happy about it.
Bob Graham stated that he felt we should not do anything about
this, because of the problems it could cause. It should be dropped.
Joe Leckie explained the Board of Adjustment essentially foreclosed
us from doing any action, unless this committee as a group of
taxpayers wants to bring this action to District Court.
L.D Collins pointed out, he has 3 licenses to run his business and
these people have none. They are doing the same thing as the
commercial business are doing, yet they do not have to pay a
license fee. Yet the Board of Adjustments is saying a professional
business is the same as a commercial.
Ron Marshall stated the longer we let them get established, the
harder it will be for us to get them out of there.
L.D. Collins said the two business do not go together, and'then not
charge them for a license. one is commercial the other is
professional.
Bob Graham stated this committee should do one of two things, get
a license or take them to court.
Ron Marshall moved that we take them to District Court.
L.D Collins seconded.
Vicki Metzger stated she did not request Todd Linder to be at this
meeting, and that any decision should what until he could be
present.
Motion defeated.
Amending ordinance No. 1043 requiring a fire inspection for
businesses.
Vicki Metzger explained the differences in how these ordinances
have been written. The ordinance before the committee will make all
businesses requiring a fire inspection, whether it be a new
business or an already established business, pay Twenty-Five
Dollars ($25.00), each time an inspection is required. An ordinance
that had been talked about was requiring just new businesses to pay
this fee. Vicki felt there could be other ways to make it cost
8
w
effective to have a fire inspector and not just burden the downtown
merchants.
Larry McCann stated his feelings it should be an annual fee.
Vicki Metzger said this would mean businesses already pay Fifty
Dollars ($50.00) for a license, this would be an additional Twenty-
five Dollars ($25.00) for a license for downtown businesses.
L.D. Collins stated he had three businesses, and this would be
touchy for him if he had to pay for 3 fire inspections every year.
Are you planning to charge for each license or for each building.
Larry McCann pointed out that some businesses have one license but
a couple buildings. Some fire inspections take more time then
others. Some buildings have more than one business, so some kind of
solution to satisfy everyone should be found.
L.D. stated that the problem with the return visits is not with the
established businesses, but with the new businesses setting up
appointments and not being there when the fire inspector stops in.
He feels that the new businesses should be charged for appointments
that are missed by new businesses. Established businesses have
hours that they are already open.
L.D. Collins feels that each business should be charge for each
license. He pointed out Coast to Coast and Laurel Bus Station.
Bob Graham said he didn't care how many licenses is in a building,
it is the building being inspected. He said we are inspecting
buildings, not licenses.
Bob Graham continued by stating in our ordinances it says we
inspect businesses, not licenses.
Bob Graham said he would like to speak in favor to entertain a
motion to have the ordinance and resolution to read a Twenty-Five
Dollar ($25.00) fee shall be collected from persons requiring a
fire inspection to conduct business in the City of Laurel. A ten
dollar fee may be assessed for each additional time the fire
inspector is required to return visit. He feels we have to do a
fire inspection whether the business is new or old. we have to help
pay the fire inspector.
Gay Easton pointed out we are doing something different by
assessing an annual inspection fee.
9
0
r
Bob Graham said the business license has to be reviewed every year.
L.D. Collins made a motion to approve the ordinance and resolution.
Albert Ehrlick seconded the motion.
Motion Passed.
Vicki Metzger stated that Laurel Ford was setting up a second
location, and would like to know if they need a second license for
it. He would be building an office in Industrial Park Sub.. He
would also be selling vehicles at the location.
Mike Atkinson said he had talked to Steve Solberg and he plans on
building next Spring, and getting out of the downtown one shortly
after that. He is planning to have just one building.
Bob Graham stated we would not have to do anything till next year.
Ron Marshall said he would dust have to change his address next
year when he renews his business license.
10