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HomeMy WebLinkAboutLicense Committee Minutes 03.31.1992M I N U T E S LICENSE COMMITTEE MARCH 31, 1992 7.00 P.M. CITY HALL MEMBERS PRESENT: CHAIRMAN: Bob Graham Dan Lowell Rob Harris Larry Thomas Ron Marshall Gay Easton Mike Atkinson Chuck Rodgers Vicki Metzger OTHERS PRESENT:. Darrell McGillen Bob Engh Jim Nelson Richard Barnhardt Jennifer Feldhaus A OUORUM (3 or MORE) PRESENT, THE FOLLOWING ACTION WAS TAKEN BY THE COMMITTEE: Richard's Pawn Shop: 302 West Main Richard stated that he at present had a second hand store and he currently buys and sells merchandise. What he would like to do now is having the option of loaning people money for their merchandise instead of buying it. The changes will be paper work only. He will not pawn guns. So he feels he does not need to be licensed by the State. He stated that this is just a paper work shuffle, nothing more. Mike stated that the City Codes were to be followed. Richard said he was aware of our codes but has gone one step further. He is going to conform to the codes of Billings. The paper work he will be getting he will be taking over to the Laurel Police Dept. on a daily basis. At the end of every day the police will be getting a copy of every transaction that he has in pawning just like they do in Billings, that's where he got his information. On his paper work it will say on the receipt that a copy of this transaction is going to the Laurel Police Dept.. He is conforming to the Billings Codes now. Bob asked if a fire inspection is needed now. Rob said yes. Rob said a fire inspection is needed, and the problem with this fire inspection is Richard and L.D. called in to the State Fire Inspector because of an inspection Rob had done at another business. Rob stated this was fine because it was their option. Rob has a problem now going into their establishments and doing these fire inspections. They are needed, it's required, so Rob has asked the State to come in and do these fire inspections. Rob has explained the whole situation to the State. He stated to Richard that it was obvious that Richard and L.D. had a problem the way Rob had conducted fire inspections. He feels that they need a third party fire inspection. Richard asked if one of Rob's assistance could do the inspection. . Rnh stat:,d the State will come in and do the inspection at Rcili's request. Rob explained that Richard and L.D. had bad mouthed his position and also the entire fire department. Rob stated that he was under Darrell. He asked Richard if he didn't like how Rob did his inspection, would he like anyone on the department doing an inspection. Richard stated that he complained about only one inspection that Rob had made. It was his right as a citizen. Rob said he had no problem with that. Richard stated he had talked to the State and a lot of other people. He told Rob that if this was the stand the dept. wanted to take this was fine with him. Richard said he already had an attorney on this matter. He has also talked to the County Attorney. The County Attorney asked Richard if he would like to have a full investigation, because if Richard does, the County Attorney will send a Sheriff out to Laurel for a full investigation. Richard stated the County Attorney feels there is something shady going on in Laurel, and so does Richard. The County Attorney wants Richard to contact the Attorney General of Montana and turn this matter over to his hands. Richard stated that if this is the stand the Fire Dept. was going to take that was exactly what he was going to do. Dan Lowell stated that if this is the situation, a third party was the best solution for this problem. Bob Graham stated that sometimes in public duty we all have to do things we don't want to do. He feels we should overcome this and do our duty to perform. He stated that we must co these fire inspections. Richard has said he has no problem if we do his fire inspection. Rob stated that he still feels Richard does have a problem • with the fire inspections. He referred to the inspection that Rob had conducted and Richard called to complain to the State Inspector. Richard said he had been elected to make that call. It was several businesses that had wanted the call made. He was just the one that was asked to call the State. He has the right to complain. Bob Graham stated that Richard had the right to a fire inspection. Chuck Rodgers stated that he had ordered a fire inspection. He has talked to Rob and Darrell. They informed Chuck that a fire inspection would be done but they would prefer a third party. Under the circumstances Chuck feels this would be correct considering the situation. Chuck clarified Richard's application, stating that it says "Richard's Repair". Richard had made the comment that he runs a second hand store. An ordinance in our code book list a second hand store as requiring a separate license. This is another violation that needs to be taken care of. Richard stated that he thought this was taken care of with Peg. He has a General Business License. He thought tat included a second hand business. Every time he made a change he would go to Peg. Bob stated that when Peg was City Treasurer she would grant a General Business License, which she felt would cover several businesses under one roof. We have now gone back to the way the ordinances read. (2) Joe stated this was not grandfathered in because, past mistakes are correctable. Second hand stores and pawn shops both require separate business licenses. These are different then our General Business License. If an oversight was made in the past and is now noticed, it should be corrected immediately. Bob stated that we have been doing this now and have had other businesses follow this procedure. Richard stated that he was upset because the entire City Staff was at this meeting. The Mayor, the City Attorney, and every- one with any major authority was present. He feels he should have been notified so he could have his attorney present. Vicki stated that the police chief, fire marshall, and herself is on the committee. The Mayor has stayed with the committee upon being requested. Joe B. is at most of the meetings as our legal advisor. Darrell is present because of the question- ing of his fire department credibilty. Joe stated the solution was easy. We just need an application from Richard for a second hand store. We are not going to ask Richard to shut the business down. Joe asked if Richard was still in the second hand business. Richard stated he has been in that business for 4 years. Joe stated that we need an application for a second hand store, an application for a pawn shop. This is the first meeting he was required to attend. He is now to be at the next council meeting, April 7, 1992. The State will be doing a fire inspect- ion. • Richard stated that he called the State Attorney and he would have a Sheriff investigate this entire matter. Joe stated this was fine, but the fire inspection should be lined up. Chuck stated the fire inspection will be granted. Richard is concerned what will happen if he needs another fire inspection for his dealers license. He wants to know if he will have to go through the State again. Joe stated that he will go through the same procedure. He will fill out an application, go to the license committee, have a fire inspection, and then go to council. Bob stated that it concerned him that we have a very fine fire dept. and it is not conducting our local fire inspections. Rob stated that he does not like doinq the job and then later have the criticism. Richard and L.D. did not like the way Rob does his fire inspections, so he is not comfortable doing theirs. They have made durogatory remarks regarding Rob and Darrell's personal habits. Rob does not feel that he could do a fire inspection without his personal feelings being involved. He assured everyone that the State Fire Inspection was the same inspection he did. Rob stated that if he did an inspection at Richard's Repair and found any faults, what was going to come of this. More critisim? Rob wants to have a third party for a workable solution. Bob stated that we are going to follow the rules and Richard will get his license and the State will do a fire inspection. . He will go to the City Council and present his case and then he will get his license. Richard stated this was a local matter and the fact that he had to get a fire inspection was just a City ordinance, not a State law. (3) • Rob asked Richard if he had a problem with the State doing the inspection. Richard stated that he did because it is a City ordinance not a State law requiring an inspection.Richard understands why Rob has a problem with Rob's inspecting his business. The committee recommends approval of this license pending fire inspection. Rob is to write a letter to the State request- ing a fire inspection. Richard asked what was going to happen if his building starts on fire, what is the fire dept. going to do, ignore it because its Richard's. Northland Corrosion Services-Robert Engh-East Railroad St. Robert would like to license his building for storage mainly. Most of his work is done in the oil fields. The building will be his base of operation and storage. He has passed his home occupation for his office at his residence. At home there will be no traffic, just at his warehouse. Ron made a. motion to recommend this license be granted. Larry Thomas seconded. Passed. Rob has done the fire inspection but wants to return to the business to be sure the violations had been corrected. He will sign the application once he has checked the business. Jim's Bazaar Creations-Jim Nelson-1034 7th Ave. Jim would like to do woodworking and making nik-naks, will be more of a hobby than an occupation. Rob asked if there would be any refinishing or painting. Jim said there would be. He will be making yard decorations, geese and wings. He will not sell out of his house. Jim has been approved by the City/County Planning Board. He may have some lumber by the side of his garage but not much. He will not be displaying any of his products outside. Joe said there should be no inventory or stock and trade at the residence. Chuck pointed out that L.D. had a problem with the woodworking for a home occupation. The Planning Board was to resolve this in the past. Jim said he would be selling his items through craft shows. Rob will do a fire inspection. He will give Jim suggestions on fireproofing. Motion made and seconded. Passed. The committee recommends the approval of this license. A Haus o Realty Vicki informed the committee that A Ave. about the 1st of May. They will when the building is complete. Haus of Realty will move to 309 1st have a fire inspection (4) 0 Blue Bell Flea Market-Gail Collins-214 East Main St. L.D. nor Gail Collins were present. L.D. asked Bob Graham to present his side of the application. Bob stated when L.D. got his license Peg gave him a General Business License, which L.D. felt covered all his businesses. When L.D. came in to renew his license, he was informed that he would need another license for his different business. We were now following the codes as they were written. This meant L.D. would need a fire inspection. He felt he already had a valid fire inspection on the premises. Rob stated that he had a letter from Tom Selleck, who was the Fire Marshall that did L.D.'s inspection. The inspection that Tom S. did is on a different building. It is the building that L.D. uses as his auction building. Vicki presented the fire inspection that was done in 1987 by Tom Selleck. The inspection was done at 201 East Main. This address, L.D. told Vicki, should have read 210 East Main. It does say that the inspection is on the auction building only. Vicki stated that Blue Bell Flea Market is located at 214 East Main. No records can be found that show the front of that building was fire inspected. Bob stated that we then need a fire inspection at 214 East Main. Vicki stated that she had talked to Peg and had gone through the records searching for information on Blue Bell Flea Market. In 1989-1990,for Laurel Flea Market/a license was issued for business being conducted on the outside. No mention of doing business inside. He has not been licensed for 1990-1991 or 1991-1992. He has not been licensed for a year and a half. it was not approved last Spring at the annual meeting, since it had let an entire season pass. A license is usually cancelled after a lapse of a year. As past Chairman of the License Committee he should have known this. It did not need a fire inspection for the first license because the business was to be held outside. Vicki also questioned who was the o%,,ner since she had received conflicting statements. L.D. said it was his business, but when asked if he paid a salary to Frank & Barbara Voeller, he said no. Vicki talked to Barbara,and Barbara stated that it was her business, they rented the building and used the name L.D. had told her to use. She was going to use L.D.'s business license. L.D. said most the merchandise was the Voeller's, but he had a table in there too. Joe stated that it was too early to. consider this license, be- cause we must determine who is the owner of the business. Chuck stated he had talked to L.D. and L.D. wanted to do this right. Vicki stated that Joe had sent a letter to Gail on March 20th, asking her to cease all business activities at that location, pending fire inspetion and approval from the License Committee and the Council. Chuck and Vicki asked L.D. to stop doing business as the letter instructed. Check stated that after the License meeting scheduled for March_ 4th had to be cancelled, he talked to L.D. and told him that being he had opened and until we could get the matter settled, (5) A that he could remain open, since it had been operated as a Flea Market before and he was still operating it as a Flea Market. Vicki stated that Chuck was not aware that it had only been licensed for outside. Chuck stated that he had informed L.D. that if he wanted to address the Council on this, we would even have a Special Council to discuss this. Joe stated that there was not much for the committee to discuss or consider tonight until we can determine who is the owner of the business. Vicki stated that we should clarify if this business should stay open considering the circumstances. Joe said as long as they are making progress towards getting a license we won't close them down. If we don't get the Collins and the Voellers in here soon then that would be slowing the progress. Then we would have to close them down. If they can come ins and sort this out, then we are making progress. Rob stated that the reason for his lack of not wanting to do this fire inspection is that L.D. was the other party that called to complain to the State about his fire inspections. Rob has talked to the State and informed them that he does not have a problem with Blue Bell Flea Market operating until they can come do an inspection. Joe said we should get something in writing from the Voellers, stating if they are the owners of the business or the managers • of the business. As soon as Collins get back the same goes for them, they will have to give us a statement as to who owns it. Darrell stated that the Voellers live next to the flea market in a trailer. Joe said this could be another problem since that is not a trailer park there. Larry Thomas stated that we were malting exceptions when we felt like making them. Rob said that this was what came from L.D.and Richard wanting the State to come in to Laurel on a past fire inspection he had done, it is obvious that they do not trust Rob's fire inspections. If Rob was to find somethingwrong with either business, then he would be subject to more criticism. Rob does not need this, let the State as a third party do it. Chuck stated that having a third party would be the best solution. Bob stated he too thought a third party was the best sol- ution. Lawyers and lawsuits are being threatened, and it has gotten too emotional. Rob stated that we need a part-time fire inspector, then these problems won'c happen. Rob is just a volunteer and he does not need this. Darrell stated that he would not have any problem with this except they have had a meeting with the State Fire Marshall. The State told Darrell and Rob just exactly what was said to him by L.D. and Richard. Darrell feels that it is very upsetting especially coming from a City Official, sitting on the Council, do?-'ning Rob and himself, and the Volunteer Fire Department. The only reason they have a problem with these two inspections is the conversation that was told to the State by L.D. and Richard. (6) c Darrell stated that Rob and himself felt a third party was the best solution for this. He feelsthat Chuck has been put in a terrible position, being a fireman and the Mayor of this City. Rob and I have embarrassed Chuck because he is in both positions. But Darrell is trying to work this out, and a third party inspection will solve this whole problem. Now the problem is that Mr. Richard Barnhardt "knows" that he is not going to pass a State Fire Inspection. Now Richard is willing to give the Laurel Fire Department the chance to do the inspection. Rob stated that whenever there is a conflict of interest, a third party should be brought in. This is what the State is for. Chuck stated that it has been brought up many times over the last several years that a set of guidelines must be ollov;ed right to the line. He feels this will help the Treasurer or the committee would not get in a bind by making an exception. A set of guidelines must be followed so there will be no questions on the procedure. The set can be given to the Outlook or the Chamber of Commerce. Everyone would have the same set to go by. This Committee needs to set them. Rob stated this was necessary. He does not set his own guide- lines, the State does. Fire inspections are to be done once a year, and Laurel is not doing that. He has told the Council many times, an annual fire inspection is needed on all businesses. That job is not getting done. . A motion was made by Ron Marshall postponing action on this license until more information is received. Larry Thomas seconded. Passed. 0 (7)