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HomeMy WebLinkAboutCity Council Minutes 05.16.2000 MINUTES OF THE ( ITY COUNCIL OF lAUREL May 16, 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 16, 2000. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Lauren Van Roekel Ken Olson Gay Easton Bill Staudinger None Gary Temple Mark Mace Norman Orr Bud Johnson Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. MINUTES: Motion by Alderman Johnson to approve the minutes of the regular meeting of May 2, 2000, as presented, seconded by Alderman Orr. Motion carried 8-0. CORRESPONDENCE: a. Montana League of Cities and Towns: Letter of April 28, 2000 regarding dues. b. Laurel Chamber of Commerce: Letter of May 1, 2000 regarding Superhost Training. c. Montana Council Boy Scouts of America: Notice regarding breakfast on May 21, 2000. d. Evergreen Laurel: Notice regarding Open House on May 13, 2000. e. Laurel Revitalization League: Minutes of meeting of April 13, 2000. fi United States Census 2000: Thank you letter from Susan M. Kyriss. g. Air Pollution Control: Agenda - May 9, 2000; Minutes - April 11, 2000; Activity Report - April 2000. h. Montana Taxpayer - May 2000. PUBLIC HEARING: 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. 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. Mayor Rodgers opened the public hearing. Mayor Rodgers asked if there were any proponents. There were none. Mayor Rodgers asked if there were any opponents. There were none. Motion by Alderman Orr to close the public hearing, seconded by Alderman Staudinger. Motion carried 8-0. Council Minutes of May 16, 2000 CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of April 2000. b. Receiving the Committee Reports into the Record. --Budget/Finance Committee minutes of May 1, 2000 were presented. --City Council Committee of the Whole minutes of May 2, 2000 were presented. --Budget/Finance Committee minutes of May 3, 2000 were Presented. --City-County Planning Board minutes of May 4, 2000 were presented. --Public Works Committee minutes of May 8, 2000 were presented. Resolutions. l) 2) Resolution No. R00-20: Contributing $3,000 to the YMCA Laurel Summer Recreation Program. RESOLUTION NO. R00-20 CONTRIBUTING $3,000 TO THE YMCA LAUREL SUMMER RECREATION PROGRAM. Resolution No. R00-21: Authorizing the Mayor to sign an agreement with Montana Engineering & Administration (ME&A) for grant writing services. RESOLUTION NO. R00-21 AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH MONTANA ENGINEERING & ADMINISTRATION (ME&A) FOR GRANT WRITING SERVICES. 3) Resolution No. R00-22: Authorizing the Mayor to sign contract with Montana Engineering & Administration for needs assessment in the City of Laurel. RESOLUTION NO. R00-22 AUTHORIZING THE MAYOR TO SIGN CONTRACT WITH MONTANA ENGINEERING & ADMINISTRATION FOR NEEDS ASSESSMENT IN THE CITY OF LAUREL. 4) Resolution No. R00~23: A resolution of the City of Laurel, Montana, creating a method of determining fair market value for land being subdivided when cash is to be donated in lieu of park land dedication. RESOLUTION NO. R00-23 RESOLUTION OF THE CITY OF LAUREL, MONTANA, CREATING A METHOD OF DETERMINING FAIR MARKET VALUE FOR LAND BEING SUBDIVIDED WHEN CASH IS TO BE DONATED IN LIEU OF PARK LAND DEDICATION. 5) Resolution No. R00-24: Resolution approving agreements between the City of Laurel and Laurel Fire District No. 5, said agreements relating to fire protection. RESOLUTION NO. R00-24 RESOLUTION APPROVING AGREEMENTS BETWEEN THE Council Minutes of Ma), 16, 2000 CITY OF LAUREL AND LAUREL FIRE DISTRICT NO. 5, SAID AGREEMENTS RELATING TO FIRE PROTECTION. 6) Resolution No. R00-25: Resolution approving agreements between the City of Laurel and Laurel Fire District No. 8, said agreements relating to fire protection. RESOLUTION NO. R00-25 RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF LAUREL AND LAUREL FIRE DISTRICT NO. 8, SAID AGREEMENTS RELATING TO FIRE PROTECTION. 7) Resolution No. R00-26: Resolution approving agreement between the City of Laurel and Yellowstone Boys and Girls Ranch, said agreement relating to fire protection. RESOLUTION NO. R00-26 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF LAUREL AND YELLOWSTONE BOYS AND GIRLS RANCH, SAID AGREEMENT RELATING TO FIRE PROTECTION. 8) Resolution No. R00-27: Resolution approving an agreement between the City of Laurel and Laurel Airport Authority, said agreement relating to fire protection. RESOLUTION NO. R00-27 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY, SAID AGREEMENT RELATING TO FIRE PROTECTION. 9) Resolution No. R00-28: Authorizing the Mayor to sign a contract with Flack & Flack Construction to rebuild Fifth Avenue from Main to Railroad Street. RESOLUTION NO. R00-28 AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH FLACK & FLACK CONSTRUCTION TO REBUILD FIFTH AVENUE FROM MAIN TO RAILROAD STREET. 10) Resolution No. R00-29: Authorizing the Mayor to sign a contract with AME Construction to replace water lines on Ninth, Filth, Idaho and Ohio. RESOLUTION NO. R00-29 AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH AME CONSTRUCTION TO REPLACE WATER LINES ON NINTH, FIFTH, IDAHO AND OHIO, The mayor asked ifthere was any separation of consent items. There was none. Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Staudinger. Motion carried 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. None. Council Minutes of May 16, 2000 b. 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. Second Reading. 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. Motion by Alderman Johnson to approve Ordinance No. 000-3, seconded by Alderman Van Roekel. A roll call vote was taken on the motion to approve Ordinance No. 000-3. All eight aldermen present voted aye. Motion carried 8-0. c. A1McMilan: Presentation on Laurel School's direction for park on Fir Avenue. Superintendent Al McMilan outlined the school district's plan for development of the soccer field. Mr. McMilan asked the City of Laurel to join in a partnership to develop the soccer field. The board is tentatively looking at the cost of the development of that field to become the varsity field. If the city would bring the field up to the necessary point for seeding, the school district would complete the seeding, the sprinkler system and fencing. The school district would also maintain the field with their personnel throughout the year. He stated that the school district would also ask that the city provide water and sewer services to the annexed land, and that the school district would not be charged for the water used for watering purposes. Except during soccer games, liability for the park would be the City of LaureI's responsibility. If the field is completed, tentative plans project that practices and games would be held at the new soccer field in the fall of 2001. Initial cost for the school's part of the development would be about $30,000. There would be a walkway-only entrance, with a sidewalk along the soccer field. Larry McCann explained that fill dirt from the water line and Fifth Avenue projects would be used to raise the elevation at the skate park and soccer field location. A water mat, which allows water to go down but does not allow alkali to come up, will be placed over the fill dirt, and six inches of river rock will be placed over the water mat. ARer the topsoil is placed over the river rock, the seeding and sprinkler system can be installed. Larry estimated a cost of $30,000 to run water and sewer services to the area and an additional $5,000 for the water mat. Alderman Johnson stated that the need for a storage area should be considered during the development stage of the soccer field. Proper planning should eliminate a situation similar to the numerous buildings that have been built at Thomson Park. A1 McMilan stated that the soccer goals would be semi-permanent, but the remaining equipment would be hauled to the field for each event. The school would like to be able to start installing the seeding, sprinkler system and fencing by May 2001. Mayor Rodgers directed the Public Works Committee to consider the matter for further discussion and a draft resolution. Alderman Johnson stated his support for the project. d. Discussion on franchise fee on cable dish. Alderman Johnson stated that the cable dish franchise fee is a non-tax related revenue that is available for cities to collect. He stated that this type of revenue should be considered in light of the legislature's actions in the last few months. Alderman Temple stated that this non-tax related revenue is still a tax. Les Hilliard, from Fibervision, attended the meeting, and Alderman Temple asked if Mr. Hilliard could address the council. The council agreed to have Mr. Hilliard speak. Mr. Hilliard stated that the legislature passed the franchising authority so that cities could franchise cable systems and tax their subscribers. Fibervision has been in competition with Direct TV and Dish TV and has lost 200 subscribers in the last two years. If the City of Laurel imposed a tax, they would have additional loss of revenue and subscribers. Mr. Hilliard stated that he opposed the tax and felt that all forms of communication should be taxed equally. Fibervision's subscriber total has dropped from 2,000 to 1,750 in the last couple years. As General Motors puts out their Direct TV Council Minutes of May 16, 2000 dish, Fibervision's subscribers continue to drop their service. He questioned how the personally owned satellite dishes could be taxed and stated that it is a discriminatory tax aimed at cable television subscribers. Under federal and state laws, a city is allowed to impose up to five percent of the gross revenues. Fibervision currently has 1,643 basic subscribers and 107 short subscribers. The fee for the short basic subscriber is $18.50 per month, and the complete basic monthly subscriber fee is $30.30. The five percent tax would add 93 cents to the short basic bill and $1.52 to the complete basic bill each month. Under federal and state laws, cable companies have the right to pass the city franchise tax on to the cable subscriber. The city would receive $2,596.87 per month and $31,162.44 per year from collection of franchise fees. There has been a dramatic growth in the number of satellite dish owners. Fibervision continues to lose subscribers because of the availability of satellite dishes, and Mr. Hilliard urged the council not to impose franchise fees on a discriminatory basis. Fibervision currently pays franchise fees in Missoula and in Airway Heights, Washington. The Yellowstone County Commis'sioners considered a franchise fee for county cable subscribers, but it was not approved. Mary Embleton asked if the franchising authority provided for use of a public channel for information and public service. Mr. Hilliard explained that the PEG Channel, Public Education and Government Channel, is available, but they are not allowed to participate in the operation of the channel, except to prohibit inappropriate material. Mr. Hilliard explained that personnel would have to be available to run the channel, and it is demanding. For that reason, most local television stations run only an hour of local programming each day, and those are usually new programs. Fibervision currently presents school and community programs on one of their channels when asked to do so. Alderman Temple stated that Laurel residents are receiving water, sewer and garbage increases, and they would not want to receive increased cable fees. Mr. Hilliard stated that the city has every fight to impose franchising fees, but he would oppose the council if they decided to do so. Motion by Alderman Johnson to direct the staff to prepare information for the council's consideration regarding the franchise fee on cable subscribers, seconded by Alderman Olson. Motion carried 8-0. UNSCHEDULED MATTERS: a. MayOr's Proclamation: Poppy Day. Mayor Rodgers proclaimed May 26t~ as Poppy Day, a day to remember and support the veterans who served in the wars. b. Boy Scouts Breakfast. Mayor Rodgers reminded the council about the breakfast sponsored by the Boy Scouts on May 21st from 7:00 to 11:00 a.m. at the Masonic Temple. c. Alderman Norman Orr: resignation from the council. Due to job relocation, Alderman Orr resigned his position on the council effective on June 15th. He thanked the Mayor and the council for the opportunity to serve for the past several years. Mayor Rodgers presented a framed certificate to Alderman Orr and thanked him for his twelve years of dedicated service on the City Council of the City of Laurel and twenty years as a fireman for the Laurel Volunteer Fire Department. Alderman Johnson thanked Alderman Orr for his service and stated that his stability and input would be greatly missed. Mayor Rodgers mentioned that Alderman Orr would he missed on the Cemetery Board, and he asked Alderman Mace to fill the position. Council Minutes of May 16, 2000 Mayor Rodgers stated that an advertisement for a new council member would be placed in the Laurel Outlook: An additional committee member is needed for both the Emergency Services Committee and the Public Works Committee. There being no further business to come before the council at this time, the meeting was adjourned at 7:53 p.m. 63 ~/%~ Cindy Alle~, Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 6th day of June, 2000. charles G. Rodgers, IV[ayoq / Attest: leton, Clerk-Treasurer