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HomeMy WebLinkAboutCity/County Planning Board Minutes 10.18.1990LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD • LAUREL. MONTANA 59044 Oct. 18, 1990 The October 18, 1990 meeting of the Yellowstone City- County Planning Board was brought to order at 7:08 p.m. with the following members present: John Hawley Smith, Chairman Linda Dennis-Williams, City Representative Joseph Bradley, City Representative Gerald Shay, Member at Large Grace Edwards, County Representative Clarence Foos, County Representative Russell Bray, County Representative others present: Cal Cumin, City Planner Cheryll Lund, City Secretary Members absent: Donna Kilpatrick, City Representative Lonnie Kellogg, City Representative Roy Johnson, County Representative Motion by Grace Edwards, seconded by Russell Bray, to approve the minutes of the September 13, 1990 meeting, after a few typing error's were corrected. Motion carried. Motion by Linda Dennis-Williams, seconded by Gerald Shay, to approve the July - August - September bill from Cumin Associates for $3,375 and the Administrative services bill for OCtober for $200. Motion carried. Reviewing ordinance on- premise sale of beer at Gras stations Cal presented a draft of an Ordinance that he would like to see added to section 17.80.020 concerning Special Reviews required for gas stations and liquor licenses. He would like to see this new Ordinance added as Section 17.80.021. This Ordinance came about because of the opposition voiced about the on-premise beer license at the Town Pump. This new Ordinance would not stop the Town Pump from selling beer on-premise, but it would make it so they could not expand the business without a Special Review. Joe feels that we probably cannot legally do this. He will have to write to the Attorney General for an opinion. 40 n_ ,r' He also feels that by doing this we will be stepping on the State's toes, because they issue the liquor licenses. • Linda Dennis-Williams wonders how we can distinguish between drinking a beer on the premises and buying a six pack to drink in the car? Cal states that with this ordinance anyone who wants to get a liquor license, except gas establishments, can still get one. This will just give the City more control. This will be put on the November agenda and discussed more in depth. South Pond- Scuba Divin There is an ordinance that prohibits anyone from swimming and/or operating a motorized boat in South Pond. Cal would like the City to consider opening the Pond for scuba diving activity. He feels that there is definately a need, and that the City should take advantage of the situation to bring more people to the city. Before allowing each diver to dive they would. be required to come in to City Hall and show proof that they are a certified diver. They would then be required to pay a $5 fee and sign a liability waiver. Once all of that was done, they would be free to dive for the year. Joe would like to see the diver's charged more than $5. He feels that $5 would not justify the amount of paperwork that City Hall would have to do for each application. Cal feels that if you made it any higher than $5 you would not see.many diver's. Joe also feels that the Ordinance doesn't need to be as detailed as far as liability goes. Any time the City offer's "free recreation facilities" they cannot be held liable for any accidents, unless they can be proved negligent. Motion by Grace Edwards, to recommend to the City Council that they open up South Pond for recreational use, seconded by Clarence Foos. Discussion. Joe feels that the Council will not allow South Pond to be opened wide up to all forms of recreation. Even if the Council knows that the City would not be held liable for any accidents, they still don't want anyone to get hurt. That is why they don't allow swimming. With the amount of kids that would swim at South Pond an accident would most likely happen. Grace Edwards amends her motion to read "to recommend to the City Council that they open up South Pond for recreational use to include diving", seconded by Gerald Shay. Motion carried. • Page 2 City-County Planning Board meeting of October 18, 1990 Home Occupations Cal handed out a list of the Home Occupations that the Planning Board has approved over the years. A member of the Board had asked for a list to help aid in the approval/denial of future Home Occupation applications. Discussion. The question is how does the Board knows that the people that have applied for the Home Occupations are living up to the stipulations of the Home Occupation? Joe states that the City can do an inspection of the home/business at any given time. The Home Occupation, and their business license can then be revoked if they are in violation of those stipulations. Transportation Update Cal handed out the 1978 Transportation Plan book that Leigh Associates, out of Denver, put together. Cal feels that even tho the study was done 12 years ago, it is still valid. The population figures that they used to project with are still well above Laurel's actual population figures. • This book also includes traffic counts on arterials and collectors, which Cal feels is useful. The Planning Board will use this book to help aid in the stop sign study that the council directed them to do. Discussion on stop sign placements in Laurel. The map that Jim Worthington did shows all of the stop signs in Laurel. He feels that some of them are unnecessary, and that there are areas that need more stop signs. But, before removing or adding any signs an individual study should be done. The Board will study this more in depth in November. Motion by Grace Edwards, seconded by Joe Bradley, to adjourn the meeting. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Cheryll Lund, Secretary 0 0 CJ E ORDINANCE NO. UNAFT An Ordinance providing for the issuance of permits for skin and SCUBA diving at South Pond at Laurel, Montana; providing for the requirements for the issuance of such permits, fixing a fee therefore, and providing for a pena- lty for the violation thereof. Be it ordained by the City Council of the City of Laurel, Montana: Section 1 Any person, prior to skin or SCUBA diving in:South Pond, shall first obtain from the City a permit. Section 2 That the City.of Laurel, Montana, shall collect, prior to the issuance of any such permit described • above, a fee of five dollars ($5.00) per annum from each individually certified diver. Section 3 That the City of Laurel, Montana, shall not issue a permit without the applicant displaying to the City his/her current certification of diving qualification from a recognized diving training school affiliated with the be- low listed organizations; student applicants must be accomp- anied by a certified instructor and are subject to all other requirements of this Ordinance. N.A.U.I. - National Association of Underwater Instructors P.A.D.I. - Professional Association of Diving Instructors Y.M.C.A. - Young Mens Christian Association N.A.S.D.S. - National Association of Skin Diving Schools P.S.I.C. - Professional Divers Instructional College Section 4 Any person who shall skin and SCUBA dive in South Pond at Laurel, Montana, without first obtaining the permit herein mentioned, or who shall, after obtaining such permit, fail to follow any rules and regulations desig- nated by the City of Laurel, shall be guilty of a misdemeanor and shall be cited and levied a fine as follows: No diving flag: $10.00 No City diving permit: $25.00 Diving along or without a certified diving partner:50.00 Diving without a certi- fication card: $100.00 Section 5 The City of Laurel shall not be liable for any accidents deriving from skin and SCUBA diving or re-. lated incidents. An individual must sign a release of liability before receiving the aforementioned permit. Dated this day of 1990. City of Laurel, Montana- CJ r • LIABILITY RELEASE In consideration of the use, on the date hereof, and all 0 future dates of South Pond and any attendant amenities or facilities provided to or used by the undersigned (hereinafter referred to as "Applicant") by the City Laurel, Montana, a municipal corporation, (hereinafter referred to as "City") Applicant, for himself or herself and forr his or her heirs and legal representatives forever (write the word "release") the City and all of its past, present, and future subsidiaries, affiliates, officers, directors, employees, and agents and their respective heirs and legal representatives and successors in interest from, and agree not to sue the City or any of its past, present, or future subsidiaries, affiliates, officers, directors, employees and agents, and their respective heirs, legal representatives and successors in interest in connection with any and all damages, claims, demands, rights, and causes of action of whatever kind or nature based upon present injuries or property damage to Applicant or death of Applicant arising out of the use of South Pond and attendant amenities or facilities, whether or not caused by any negligence of the City. Applicant, for himself or herself and for his or her heirs and legal representatives and successors in interest, agrees to indemnify, defend, and hold harmless the City against all damages, • actions, causes of action, claims, judgements, costs of litigation and attorney fees which may in any way result from the use at any time by Applicant of South Pond or attendant facilities. Applicant agrees to pay for any and all damages and injuries • to any City property caused by or resulting from Applicant's use of South Pond and attendant facilities. Applicant states that he or she has current certification of skin or SCUBA diving qualification by a recognized skin or SCUBA training school. That hei or she has read and will comply with City Ordinance No. He or she is familiar with skin and SCUBA diving and knows that such activity may be dangerous and hazardous. He or she agrees to utilize proper equipment for any activity conducted at South Pond and attendant facilities and that they will not swim or dive without the presence of another qualified and trained diver. Date: NAME: ADDRESS: CITY/STATE: TELEPHONE: DATE OF BIRTH: SOCIAL SECURITY NO: In case of emergency contact: telephone number: Applicant Signature at 0 1-1 ORDINANCE NO PROPOSAL TO AMEND LAUREL CITY ZONING ORDINANCE TO PREVENT SALE OF ALCOHOLIC BEVERAGES FOR ON--PREMISE CONSUMPTIOR AT AUTOMOBILE SERVICE STATIONS. ADD NEW CODE SECTION TO 17.80.020: 17.80_021 No sale of alcoholic beverages. No building, structure, or premises used in whole or in part as an auto- mobile service station shall dispense, sell, or otherwise provide beer or alcoholic beverages of any kind for on-premise consumption,_ 0 E • 0