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HomeMy WebLinkAboutCity Council Minutes 05.02.2000MINUTES OF THE CITY COUNCIL OF LAUREL May 2, 2000 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 May 2, 2000. COUNCIL MEMBERS PRESENT: Lauren Van Roekel Gary Temple Ken Olson Mark Mace Gay Easton Bud Johnson BilI Staudinger COUNCIL MEMBERS AB SENT: Norman Orr Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenher. MINUTES: Motion by Alderman Easton to approve the minutes of the regular meeting of April 18, 2000, as presented, seconded by Alderman Johnson. Motion carried 7-0. CORRESPONDENCE: a. Montana Department of Commerce memo of April 171 2000, regarding Spring 2000 BARS Seminars: b. Montana Department of Transportation letter of April 20, 2000, regarding new Montana Highway Map for public comment. CONSENT ITEMS: a. Claims for the month of April 2000 in the amount of $683,320.47. b. Receiving the Committee Reports into the Record. --_Budget/Finance Committee minutes of April 11, 2000 were presented. --_Budget/Finance Committee minutes of April 17, 2000 were presented. --~Citv Council Committee of the Whole minutes of April 18, 2000 were presented. --Budget/Finance Committee minutes of April 19, 2000 were presented. --Budget/Finance Committee minutes of April 20, 2000 were presented. --Emergency Services Committee minutes of April 24, 2000 were presented. --Budget/Finance Committee minutes of April 25, 2000 were presented. --Budget Finance Committee minutes of April 26, 2000 were presented. --Annual Report of the Laurel Public Library Board 1999-2000. c. Resolutions. 1) Resolution No. R00-16: A resolution of intent of the City of Laurel to annex the city-owned property known as South Pond. RESOLUTION NO. R00-16 A RESOLUTION OF INTENT OF THE CITY OF LAUREL TO ANNEX THE CITY-OWNED PROPERTY KNOWN AS SOUTH POND. Council Minutes of May 2, 2000 2) Resolution No. R00-17: Resolution leasing a portion of FAP to "The Company" (Laurel Volunteer Fireman Association). RESOLUTION NO. R00-17 RESOLUTION LEASING A PORTION OF FAP TO "THE COMPANY" (LAUREL VOLUNTEER FIREMAN ASSOCIATION). 3) Resolution No. R00-18: Being a resolution of intent to establish an increased refuse collection fee schedule, to become effective ten days after being filed with Municipal Clerk-Treasurer and revised rate schedule on file. RESOLUTION NO. R00-18 BEING A RESOLUTION OF INTENT TO ESTABLISH AN INCREASED REFUSE COLLECTION FEE SCHEDULE, TO BECOME EFFECTIVE TEN DAYS AFTER BEING FILED WITH MUNICIPAL CLERK-TREASURER AND REVISED RATE SCHEDULE ON FILE. The mayor asked if there was any separation of consent items. Alderman Temple separated item 5.c.2), item 5.c.3), and item 5.c.1) out of the consent items. Item 5,c.2) became item c. under Scheduled Matters, item 5.c.3) became item d. under Scheduled Matters, and item 5 .c. 1) became item e. under Scheduled Matters. Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Olson. Motion carried 7-0. SCHEDULED MATTERS: a. Confirmation of Appointments. Laurel Volunteer Fire Deoartment: Mayor Rodgets appointed Jason Wells, Shawn Besel, and Jason Summers as firemen for the Laurel Volunteer Fire Department. Motion by Alderman Johnson to approve the appointments of Jason Wells, Shawn Besel and Jason Summers as firemen for the Laurel Volunteer Fire Department, seconded by Alderman Staudinger. Motion carried 7-0. Chief Stevens introduced Shawn Besel, and Mayor Rodgets welcomed him as a firemen. Ordinance No. 000-3: An ordinance providing for the extension of the police forces arrest powers to include all area up to five miles from the city limits and along all lines of water supply for the City of Laurel. First Reading. ORDINANCE NO. O00-3 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE POLICE FORCES ARREST POWERS TO INCLUDE ALL AREA UP TO FIVE MILES FROM THE CITY LIMITS AND ALONG ALL LINES OF WATER SUPPLY FOR THE CITY OF LAUREL. Motion by Alderman Johnson to adopt Ordinance No. 000-3, seconded by Alderman Temple. A roll call vote was taken on the motion to approve Ordinance No. 000-3. All seven aldermen present voted aye. Motion carried 7-0. The public hearing and second reading for Ordinance No. O00-3 will be held at the regular council meeting on May 18, 2000. Resolution No. R00-17: Resolution leasing a portion of FAP to "The Company" (Laurel Volunteer Fireman Association). Council Minutes of May 2, 2000 RESOLUTION NO. R00-17 RESOLUTION LEASING A PORTION OF FAP TO "THE COMPANY" (LAUREL VOLUNTEER FIREMAN ASSOCIATION). Motion by Alderman Johnson to approve Resolution No. R00-17, seconded by Alderman OIson. Motion by Alderman Temple to hold a public hearing on Resolution No. R00-17, seconded by Alderman Van Roekel. Alderman Temple asked the council to consider the public in this cause. He understands the intent and desire of "The Company" regarding this issue and understands the background and technicality terms of the resolution, but he stated that it is a roundabout way to approach the public. As a new councilman, Alderman Van Roekel stated that he did not feel that all of the necessary information was available to make a decision regarding the lease. He stated that there is a desire to raise the standard and support alcohol-free activities within the community and public comment on the issue would be helpful. Alderman Mace recently spoke with several residents who did not see the issue as a problem. He stated that a public meeting would not change his view of the issue, that the matter should be finished, and that the council should get on with more important issues. Alderman Van Roekel stated that the emphasis on risk management would indicate the need to reduce or eliminate any risk or liability. This lease would still allow a risk and liability factor to the City of Laurel. Alderman Olson stated that it is time to put the issue to rest. Since our technical advisers and professional people agree with the program, he stated that it was time to take the vote. Alderman Olson said that there are mechanisms in place to check the program. A roll call vote was taken on the motion to hold a public hearing on Resolution No. R00-17. Aldermen Temple and Van Roekel vote aye. Aldermen Mace, Johnson, Staudinger, Easton and Olson vote nay. Motion defeated 5-2. Alderman Temple presented a statement regarding this issue, and the statement is attached to these minutes. A roll call vote was taken on the motion to approve Resolution No. R00-17. Aldermen Mace, Johnson, Staudinger, Easton and Olson voted aye. Aldermen Temple and Van Roekel voted nay. Motion carried 5-2. Resolution No. R00-18: Being a resolution of intent to establish an increased refuse collection fee schedule, to become effective ten days af[er being filed with Municipal Clerk-Treasurer and revised rate schedule on file. RESOLUTION NO. R00-18 BEING A RESOLUTION OF INTENT TO ESTABLISH AN INCREASED REFUSE COLLECTION FEE SCHEDULE, TO BECOME EFFECTIVE TEN DAYS AFTER BEING F1LED WITH MUNICIPAL CLERK-TREASURER AND REVISED RATE SCHEDULE ON FILE. Motion by Alderman Temple to approve Resolution No. R00-18, seconded by Alderman Johnson. Alderman Van Roekel has received questions regarding what can be put in the garbage containers, and he asked that information regarding this matter be included in the next mailing that is sent out to users. A vote was taken on the motion to approve Resolution No. R00-18. Motion carried 7-0. Council Minutes of May 2, 2000 e. Resolution No. R00-16: A resolution of intent of the City of Laurel to annex the city-owned property known as South Pond. RESOLUTION NO. R00-16 A RESOLUTION OF INTENT OF THE CITY OF LAUREL TO ANNEX THE CITY-OWNED PROPERTY KNOWN AS SOUTH POND. Motion by Alderman Temple to approve Resolution No. R00-16, seconded by Alderman Johnson. Alderman Temple stated that South Pond looks very nice, and he thanked Larry McCann and the Laurel Lions Club for their work. The council had a brief discussion regarding signage, the landscaping rocks, and the speed limit on Railroad Street. Alderman Olson stated that the project shows that the efforts put forth by the City of Laurel and the Laurel Lions Club were successful. Cal Cumin stated that Larry McCann did a tremendous job with the South Pond Project and in dealing with the various organizations and personalities involved. A vote was taken on the motion to approve Resolution No. R00-16. Motion carried 7-0. UNSCHEDULED MATTERS: Resolution No. R00-12: Resolution authorizing the Clerk-Treasurer to obtain a credit card issued upon the credit of the City of Laurel. RESOLUTION NO. R00-12 RESOLUTION AUTHORIZING THE CLERK-TREASURER TO OBTAIN A CREDIT CARD ISSUED UPON THE CREDIT OF THE CITY OF LAUREL. Resolution No. R00-12 was tabled at the council meeting on April 4, 2000. Motion by Alderman Johnson to remove Resolution No. R00-12 from the table, seconded by Alderman Olson. Motion carded 7-0. Motion by Alderman Johnson to approve Resolution No. R00-12, seconded by Alderman Temple. Alderman Temple thanked Mary Embleton for researching the various aspects of this policy to make it clear. Motion by Alderman Johnson to amend Resolution No. R00-12 to read "...the Clerk- Treasurer shall develop policy (attached) and implement procedures for the use of said credit card ... ", seconded by Alderman Olson. Motion carded 7-0. A vote was taken on the amended resolution. Motion carried 7-0. Resolution No. R00-19: Authorizing the Mayor to sign Renewable Resources Grant Application for Groundwater and Salinity Management Feasibility Analysis. RESOLUTION NO. R00-19 AUTHORIZING THE MAYOR TO SIGN RENEWABLE RESOURCES GRANT APPLICATION FOR GROUNDWATER AND SALINITY MANAGEMENT FEASIBILITY ANALYSIS. Motion by Alderman Temple to place Resolution No. R00-19 on this agenda under unscheduled matters, seconded by Alderman Mace. Council Minutes of May 2, 2000 Mary Embleton explained that the deadline for the signed application is this week, and the resolution needed approval before the next council meeting. The city's match for the $100,000 grant would be in kind services, and the grant is for a study ofgroundwater in this area. A vote was taken on the motion to place Resolution No. R00-19 on this agenda. Motion carried 7-0. Motion by Alderman Temple to approve Resolution No. R00-19, seconded by Alderman Johnson. Motion carried 7-0. c. School Resource Officer Grant. Chief Musson stated that the City of Laurel was not selected to receive the School Resource Officer Grant, but an opportunity to re-apply should be available soon. Mayor Rodgers stated his support to submit another application for a school resource officer. d. Picture from Laurel Chamber of Commerce. Alderman Staudinger stated that the Laurel Chamber of Commerce needs a place to hang a large picture of Laurel that was removed from their office. Alderman Staudinger suggested that the Laurel Library would be a good location to hang the picture. e. State Department of Transportation maps. Because of the overwhelming public outcry regarding the new maps, the State Department of Transportation distributed the new state maps to the communities for public comment. The new ~;t~s are posted on the board in the council chamberS. Public comments will be accepted until June f. Remarks from Fire Chief Jim Stevens. Fire Chief Jim Stevens stated that "The Company" and Laurel Fire Department wanted to address some of the comments made at the meeting, and he asked Rob Harris to comment on them. Rob Harris stated that the liability insurance issue regarding alcohol consumption has been considered for the past several months. Mr. Harris thanked the council for accepting the lease issue. Mr. Harris stated that the Fire Department is a volunteer organization that is rated as one of the top departments in the State of Montana. Chief Stevens stated that the Fire Department is a proud part of this community - past, present and future. There being no further business to come before the council at this time, the meeting was adjourned at 7:41 p.m. Cindy Alle'c~ff'Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 16th day of May, 2000. Charles G.~gd;ers, Maydr~ ~'~ Attest: ary ~ b eton, Clerk-Treasurer City Council of Laurel, Montana May 2, 2000 Page One of Five For the record by Gary Temple: During my time on the City Council I have learned a lot but these statements keep coming up: "You know a case of beer after a bad fire will do more good than ten psychologists." "You know after a bad rescue attempt, a beer really helps." "You know for ninety years we have never had a claim." "You know we don't have to have a membership drive because we allow beer in the fire hallY "That the Laurel Volunteer Fire Department needed the bonding through social activity and comradery." "You take beer out of the Laurel Volunteer Fire Department, and the whole group will disband." "If the City expected them to be alcohol free then they should pay them for it. If we cannot have our social activities then they will not have a Laurel Volunteer Fire Department." City Council of Laurel, Montana May 2, 2000 Page Two of Five The answer to everything is that the Laurel Volunteer Fire Department will say is that they now will have insurance and that this matter is nothing of our concern. Where is the definition of the scope of their duties, responsibilities, and procedures? Are they not agents of the City of Laurel? What about the precedence you will be establishing, are you going to lease out pare of the shop area to the City employees? If not then we are looking at what is called discrimination. We are enacting upon a decision to turn over in the form of a lease which essentially is the same thing as selling the property, sixteen hundred square feet of the FAP building to the Company of the Laurel Volunteer Fire Department. 1 asked some residents of Laurel if they knew what the FAP building was and they did not. It is the Fire, Ambulance, and Police building. For all the public knows this (hold up the photo of the shack) could be the building. We are not being responsible for the management of the FAP building. The public is not being informed. If we had a public hearing, what would happen? If it was put up for the vote of the people, what would happen? City Council of Laurel, Montana May 2, 2000 Page Three of Five Are there any provisions for how the expenses for the building are to be handled? The current budget for the FAP building is $47,556.00. So if this lease resolution is for sixteen hundred and fifty square feet then that works out to based upon the total square footage of the building to be 14.12 (%) per cent or $ 6,714.91 based upon the 1999 budget figures which will be increased in the next budget. By leasing this building we are giving away City Property in the amount of $126,216.00 based upon a total valuation of $893,881 in 1999. This will be the expense of the City of Laurel so that the Laurel Volunteer Fire Department can drink their beer and do not have to answer to the City of Laurel. Could not we spend our money in better areas? Such as sidewalks, the pool, the garbage rates, the water rates, and the sewer rates? What about the Fifth Street crossing? What about the negotiations for the union contract? No we had better not because we need a place for the Laurel Volunteer Fire Department to drink beer. City Council of Laurel, Montana May 2, 2000 Page Four of Five At the last Emergency Services Committee in addition to this plan by the Fire Department also present were the Ambulance and Police Departments. The Ambulance Department was literally begging for a new building and if they built a pole barn building it would cost about $10,000.00. For the better part of a year, the Police Department was asking for new vehicles and new equipment. $6,714.91 would go a long ways towards helping them. We could give them a building in the amount of $126,216.00 as well. Are not these a little more important than a place where the Laurel Volunteer Fire Department can drink their beer? When the Fire Department needed a new compressor for their air packs, at the Budget and Finance Committee, certain councilman wanted [o declare the request an emergency so the funds could come out of the General Fund immediately. People of Laurel take note, where would you like your $6,714.91 spent? Do you really want to give up $126,216.00 in public owned property? Wouldn't you rather help the ambulance or police department, rather than paying for a place to drink beer? We cannot even allot funds to help our ambulance department after we just bought a brand new unit for $75,000.00 by adding more space but we need to spend $6,714.91 each year so the Laurel Volunteer Fire Department can drink their beer? City Council of Laurel, Montana May 2, 2000 Page Five of Five Recently we heard philosophical statements from this body of how they encouraged young people to attend the Milton Creagh presentations. I wonder how many from this body did, I know that I did not but had to view the video and now I regret not going. We have members from this body and from the community on the Drug and Alcohol Task Force going up and telling the kids not to drink and do drugs .......but you know those kids are smart, and that they know that alcohol is allowed in the fire department. Milton Creagh said that he was just sick of hearing the statement that "Its all about the kids! !" He said and I quote, "If kids need to stop drinking then adults need to stop drinking." You know the responsibility of a municipality like ourselves is to provide for the public: a safe water system, a safe sewage system, a good garbage system, a good public works system, a good police department, and yes a good fire department but not a city owned place for the Laurel Volunteer Fire Department to drink their beer. So tonight I want to ask the councilman of the body to think about your vote in favor of this resolution: "Are you going to hold the concerns of the Laurel Volunteer Fire Department so that they can drink beer above the concerns of the community of Laurel?'