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HomeMy WebLinkAboutCity Council Minutes 07.17.2001MINUTES OF THIS CITY COUNCIL OF LAUREL July 17, 2001 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 July 17, 2001. COUNCIL MEMBERS PRESENT: Lauren Van Roekel Ken Olson Gay Easton Bill Staudinger Gary Temple Mark Mace Daniel Dart Bud Johnson COUNCIL MEMBERS ABSENT: None Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. Mayor Rodgers led the Pledge of Allegiance to the American flag. MINUTES: Motion by Alderman Staudinger to approve the minutes of the regular meeting of July 3, 2001, as presented, seconded by Alderman Johnson. Motion carded 8-0. CORRESPONDENCE: Yellowstone County Air Pollution Control Board: Minutes of June 12, 2001; Activity Report for June 2001; Agenda for July 10, 2001. Montana League of Cities and Towns: Letter of July 11, 2001 regarding Energy Conservation Program. Montana League of Cities and Towns: Letter of July 11, 2001 regarding Annual Conference. Montana League of Cities and Towns: Letter of July 11, 2001 regarding Budget Update. PUBLIC HEARING: Special review of a day care center at 313 Forrest Avenue. Mayor Rodgers opened the public hearing. Mayor Rodgers asked if there were any proponents. Tacy DesJarlais spoke regarding her day cam center at 313 Forrest Avenue. Tacy purchased the house and established the day care center in December. The State of Montana has licensed her for twelve children. There has been some conflict with the neighbors regarding noise, traffic, and parking. Tacy stated that only one or two cars drop off or pick up children at the same time, generally between 7:30 to 8:30 a.m. and 5:00 to 6:00 p.m. She did not think that the parents would be driving fast down the street since they would be stopping at her house. The Planning Board recommended approval of the day care center with the conditions that the day care owners advise the parents to obey traffic regulations, that a six-foot privacy fence be constructed between 309 and 313 Forrest, and that the council hold a public heating. Tacy stated that construction of the privacy fence is pending the decision of the council. Mayor Rodgers asked three times if there were any other proponents. There were none. Mayor Rodgers asked if there were any opponents. Neil Fox, 315 Forrest, spoke in opposition to the day care center. He stated that there is a problem with traffic congestion, that parents park on the wrong side of the street, and that cars are parked Council Minutes of July 17, 2001 across the sidewalk. The traffic problems are increased because of the narrow streets and the lack of a driveway approach to the day care center. Paul Kroll, 309 Forrest, returned from Arizona in March to find a day care center located next door to his house. He stated that the neighbors were not notified and did not have any input regarding the matter. The children have thrown rocks into his driveway. Marge Holmes, 315 Forrest, emphasized the level of noise that comes from the day care center and stated that things fly over the fence into her property. She questioned the zoning of a day care center in a residential area and stated that it would reduce the property values of the surrounding properties. John Oakes, 2317 East Maryland Lane, voiced his opposition even though he does not live close to the day care center. He stated that the wishes of the senior citizens should be respected and that a commercial business does not belong in a residential area. Mayor Rodgers asked three times if there were any other opponents. There were none. Motion by Alderman Temple to close the public hearing, seconded by Alderman Olson. Motion carried 8-0. CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of June 2001. b. Receiving the Committee Reports into the Record. --Budget/Finance Committee minutes of June 18, 2001 were presented. --Budget/Finance Committee minutes of June 26, 2001 were presented. --City Council Committee of the Whole minutes of July 3, 2001 were presented. --City-County Planning Board minutes of July 5,2001 were presented. --Public Works Committee minutes of July 9, 2001 were presented. c. Resolutions. 1) Resolution No. R01~44: A resolution approving agreements between the City of Laurel and Laurel Urban Fire Service Area (LUFSA), said agreements relating to fire protection. RESOLUTION NO. R01-44 A RESOLUTION APPROVING AGREEMENTS BETWEEN THE CITY OF LAUREL AND LAUREL URBAN FIRE SERVICE AREA (LUFSA), SAID AGREEMENTS RELATING TO FIRE PROTECTION. 2) Resolution No. R01-45: Being a resolution transferring certain insurance funds of the City of Laurel, Montana. RESOLUTION NO. R01-45 BEING A RESOLUTION TRANSFERRING CERTAIN INSURANCE FUNDS OF TitE CITY OF LAUREL, MONTANA. 3) Resolution No. R01-46: Budget amendment resolution for revision of revenues and expenditures for the SlX) #110 Fund. RESOLUTION NO. R01-46 BUDGET AMENDMENT RESOLUTION FOR REVISION OF REVENUES AND EXPENDITURES FOR THE SID #110 FUND. ~2 Council Minutes of July 17, 2001 4) Resolution No. R01-47: Being a resolution transferring certain funds to the Capital Improvements Fund of the City of Laurel, Montana. RESOLUTION NO. R01-47 BEING A RESOLUTION TRANSFERRING CERTAIN FUNDS TO THE CAPITAL IMPROVEMENTS FUND OF THE CITY OF LAUREL, MONTANA. The mayor asked if there 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 carded 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. None. b. Decision regarding special review of day care center at 313 Forrest Avenue. Motion by Alderman Temple to deny the request for a special review for a day care center at 313 Forrest Avenue, seconded by Alderman Van Roekel. Alderman Johnson explained the Planning Board's recommendation, including the three conditions recommended for approval. He stated that a day care center is an allowable use in a residential area, and Tacy DesJarlals has already been licensed by the State of Montana. Since the requirements for day care centers are set in state code, the city can only require additional specific conditions. Approving the special review for a day care center at this location would not allow another business to locate there if the day care center would dose. The council discussed issues concerning the location of the day care center in a residential area, that this owner does not reside within the City of Laurel, the need for the day care center within the city, the state process for licensing, the conditions recommended by the Planning Board, and the number of licensed day care centers in Laurel. Since similar day care centers have been approved in the past, it would be difficult to deny this particular one. After a lengthy discussion, the council voted on the motion to deny the special review of the day care center at 313 Forrest Avenue. Aldermen Temple and Van Roekel voted aye. Aldermen Olson, Easton, Staudinger, Mace, Dart and Johnson voted nay. Motion failed 2-6. Motion by Alderman Johnson to approve the special review of the day care center at 313 Forrest Avenue with the Planning Board's stipulations regarding the fence and the traffic, with a six- month review of the day care center, seconded by Alderman Mace. Aldermen Olson, Easton, Staudinger, Mace, Dart and Johnson voted aye. Aldermen Temple and Van Roekel voted nay. Motion carried 6-2. c. Laurel Volunteer Ambulance - need for space. Jan Faught, Ambulance Director, distributed a Laurel Ambulance Emergency Services Facility Proposal that Dan Koch, Jr. prepared. Jan and Jay Martin presented information and pictures to explain the minimal space which is currently available for use by the Laurel Volunteer Ambulance. The following members of the LVA attended the meeting and stated their concerns: Jan Faught, Jay Martin, Dan Koch, Jr., John Kuper, Duane Rehling, Aaron Harris, Tara Briant, Made Besel, Tracy Bleck and Russ Kepferle. Dan Koch, Jr., is the maintenance officer for the LVA. Because of the lack of space in the ambulance bay, it is necessary to pull the vehicles outside to do the work. This only allows maintenance work to be done weather permitting. Since the department does not have the tools, Dan provides his own personal tools and equipment for the repairs and maintenance. The ambulance bay is so narrow that it is difficult to back the vehicles into the bay. This, along with the recurring ice situation in front of the door, has caused vehicle damage, as well as potential Council Minutes of July 17, 2001 injuries to crewmembers. All sides of the ambulances need to be accessed after every call to complete rig checks and to restock supplies, but this is impossible to do in the small space available. The Laurel Ambulance Office, supply, training, meeting and storage area is only 84 square feet. It is difficult for the crew to work in the available area and impossible for the LVA to hold training sessions and meetings there. Various locations have to be scheduled for the training sessions. The ambulance crewmembers are exposed to various communicable diseases, but there are no laundry or shower facilities available for use after a callout. If crewmembers are contaminated while on a callout, they cannot change clothes, launder clothing, or shower until they return home. Individual lockers for the crew would provide a place to store uniforms and belongings. After each crewmember spoke, they stepped inside yellow tape that had been placed on the floor of the council chambers in the shape of the area in which the department works. As the space became more and more crowded, it was obvious that the area was inadequate, and the point was made. Alderman Olson applauded the department's efforts and stated that a long-term solution is definitely needed. Mayor Rodgers also thanked the crew for their presentation and their work. He stated that all options should be reviewed, including a bond issue, cost factors, and location. d. Planning Board recommends changing duties of the Board of Adjustments. Motion by Alderman Johnson to direct the staff to prepare an ordinance to change the duties of the Board of Adjustments, seconded by Alderman Staudinger. Motion carried 8-0. UNSCHEDULED MATTERS: There being no further business to come before the council at this time, the meeting was adjourned at 8:19 p.m Cindy AllerOSecretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 7~h day of August, 2001. Charles G. Rodgers, Mayo~( y Attest: MaryL~K 3K 3mblet~ - on,~Cle~rk-T~