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HomeMy WebLinkAboutCity Council Minutes 06.19.2001MINIITES OF THE CITY COIJNCIL OF IAIIREL June 19, 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 June 19, 2001. COUNCIL MEMBERS PRESENT: Lauren Van Roekel Mark Mace Ken Olson Daniel Dart Gay Easton Bud Johnson Bill Staudinger COUNCIL MEMBERS ABSENT: Gary Temple 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 June 5, 2001, as presented, seconded by Alderman Easton. Motion carried 7-0. CORRESPONDENCE: a. Laurel Chamber of Commerce: June 2001 Bulletin. b. Heads or Tails Ranch: Letter of May 30, 2001. c. MM]A: Risk Management Bulletin #58 regarding annual governor's safety awards. d. MMIA: Risk Management Bulletin #59 regarding property insurance coverage for railroad crossings. e. State of Montana Aeronautics Board: Letter of May 31, 2001, regarding urgent need for airport protective zoning and ordinances. fi Randall D. Swenson, TenderNest: Letter of June 7, 2001, requesting annexation of Lot 1, Block 1 of the Ward Subdivision. (See scheduled items.) g. Yellowstone County Air Pollution Control Board: Minutes of May 8, 2001; Activity Report for May 2001; Agenda for June 12, 2001. h. Montana Department of Commerce: Letter of June 12, 2001, regarding award of $15,000 TSEP preliminary engineering grant. i. Montana Department of Transportation: Letter of June 11, 2001, regarding reconstruction of 8th Avenue. PUBLIC HEARING: Proposed changes to Laurel's Zoning Ordinance concerning day care facilities and miscellaneous corrections and revisions. Cai Cumin stated that state law requires a public hearing for ordinance changes. Mayor Rodgers opened the Public hearing. Mayor Rodgers asked three times if there were any proponents. There were none. Mayor Rodgers asked three times if there were any opponents. There were none. Motion by Alderman Staudinger to close the public hearing, seconded by Alderman Mace. Motion carded 7-0. Council Minutes of June 19, 2001 Cai Cumin distributed copies of changes to the ordinances as requested by the Planning Board. He stated that the proposed changes are "housekeeping" issues. Cai further explained the changes regarding child care centers and community residential facilities and various miscellaneous changes. Motion by Alderman Easton to approve the changes to the ordinances, seconded by Alderman Olson. Motion carded 7-0. An ordinance will be prepared for these changes. CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of May 2001. b. Receiving the Committee Reports into the Record. ~-Budget/Finance Committee minutes of May 14, 2001 were presented. ,-Budget/Finance Committee minutes of May 16, 2001 were presented. --Budget/Finance Committee minutes of May 22, 2001 were presented. --Budget/Finance Committee minutes of May 23, 2001 were presented. --Budget/Finance Committee minutes of May 29, 2001 were presented. --Budget/Finance Committee minutes of May 30, 2001 were presented. --City Council Committee of the Whole minutes of June 5, 2001 were presented. --City-County Planning Board minutes of June 7, 2001 were presented. --Public Works Committee minutes of June 11, 2001 were presented. --Insurance Committee minutes of June 13,2001 were presented. a. Resolutions. 1) Resolution No. R01-31: Authorizing the Mayor to sign a resolution form for the State and Federal Surplus Programs. RESOLUTION NO. R01-31 AUTIIORIZING TIlE MAYOR TO SIGN A RESOLUTION FORM FOR TI:IE STATE AND FEDERAL SURPLUS PROGRAMS. 2) Resolution No, R01-32: Resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. RESOLUTION NO. R01-32 RESOLUTION AUTHORIZING PARTICIPATION IN THE BOARD OF INVESTMENTS OF THE STATE OF MONTANA ANNUAL ADJUSTABLE RATE TENDER OPTION MUNICIPAL FINANCE CONSOLIDATION ACT BONDS (INTERCAP REVOLVING PROGRAM), APPROVING THE FORM AND TERMS OF TIlE LOAN AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO. 3) Resolution No. R01-33: Authorizing the Mayor to sign a grant application for development of a Flood Mitigation Plan from the Department of Natural Resources. Council Minutes of June 19, 2001 RESOLUTION NO. R01-33 AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION FOR DEVELOPMENT OF A FLOOD MITIGATION PLAN FROM THE DEPARTMENT OF NATURAL RESOURCES. 4) Resolution No. R01-34: Authorizing the Mayor to sign a grant application for a Fish, Wildlife and Parks Grant of $30,000. RESOLUTION NO. R01-34 AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION FOR A FISH, WILDLIFE AND PARKS GRANT OF $30,000. s) Resolution No. R01-35: Resolution accepting a $15,000 grant from the Treasure State Endowment Program and authorizing the Mayor to sign said contract. RESOLUTION NO. R01-35 RESOLUTION ACCEPTING A $15,000 GRANT FROM THE TREASURE STATE ENDOWMENT PROGRAM AND AUTHORIZING THE MAYOR TO SIGN SAID CONTRACT. The mayor asked if there was any separation of consent items. Motion by Alderman Olson to separate item 6.c.4), Resolution No. R01-34, and item 7.g.i the soccer field agreement, out of the consent agenda to be discussed at a special council meeting, seconded by Alderman Dart. Alderman Johnson questioned why there was a motion and why the items were not just separated out of the consent agenda. Mayor Rodgers stated that the special council meeting would be scheduled at this time. A vote was taken on the motion to separate item 6.c.4) and item 7.g out of the consent agenda. Motion carried 7-0. The council discussed a date for the special meeting, which was scheduled for Monday, June 25, 2001 at 6:30 p.m. The separated items, Resolution No. R01-34 and the soccer field agreement, will be on the special council meeting agenda. Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Staudinger. Motion carried 7-0. SCHEDULED MATTERS: a. Confirmation of Appointments. Airport Authority Mayor Rodgers reappointed Iohn Smith to the Airport Authority for a five-year term ending June 30, 2006. Motion by Alderman Johnson to approve the reappointment of John Smith to the Airport Authority for a five-year term ending June 30, 2006, seconded by Alderman Mace. Motion carried 7-0. Board of Adjustments Mayor Rodgers reappointed Andy Muri and Bob Western to the Board of Adjustments for three-year terms ending June 30, 2004. Council Minutes of June 19, 2001 Motion by Alderman Johnson to approve the reappointment of Andy Muri and Bob Western to the Board of Adjustments for three-year terms ending June 30, 2004, seconded by Alderman Staudinger. Motion carried 7-0. Mayor Rodgers stated that Johnny Goodman, whose term also expires on June 30th, would be contacted about reappointment. City-County Planning Board Mayor Rodgers reappointed Kate Stevenson and Laurel Haggart to the City-County Planning Board for two-year terms ending June 30, 2003. Motion by Alderman Staudinger to approve the reappointments of Kate Stevenson and Laurel Haggart to the City-County Planning Board for two-year terms ending June 30, 2003, seconded by Alderman Johnson. Motion carded 7-0. Air Pollution Control Board Mayor Rodgers reappointed L. D. Collins to the Air Pollution Control Board for a two-year term ending June 30, 2003. Motion by Alderman Staudinger to approve the reappointment of L. D. Collins to the Air Pollution Control Board for a two-year term ending June 30, 2003, seconded by Alderman Johnson. Motion carried 7-0. Beartooth Resource Conservation and Development Board Mayor Rodgers reappointed Marvin Carter to serve on the RC&D Board. Motion by Alderman Olson to approve the reappointment of Marvin Carter to the Beartooth RC&D Board, seconded by Alderman Johnson. Motion carded 7-0. Alderman Easton agreed to serve as an alternate on the RC&D Board. Annexation request for Lot 1, Block 1 of Ward Subdivision: Randall Swenson, TenderNest. Motion by Alderman Johnson to grant a special review to Randall Swenson for annexation of less than a city block for Lot 1, Block 1 of Ward Subdivision, seconded by Alderman Staudinger. There was some confusion regarding this annexation request. The council had previously approved a request to begin the annexation process of this property because it is less than one city block. However, the request was not in writing at that time, and the process was not completed. The written request was needed to start the process correctly and to grant permission for the applicant to apply to the City-County Planning Board for annexation. A vote was taken on the motion. Motion carded 7-0. Special review of proposed day care center at 313 Forrest Avenue, Tacy DesJarlais. Planning Board recommends approval subject to the following conditions: 1).That the owner inform clientele to obey traffic laws when dropping off and picking up their children; 2) That a 6-foot privacy fence be constructed between 313 and 309 Forrest Avenue (north lot line); 3) That the City Council set and hold a second public hearing on the proposed day care center. Cal Cumin explained that the special review has gone through the Planning Board process, and a public hearing was held on June 7th. Verbal and written opposition was presented at the Planning Board's public hearing. The Planning Board recommended approval subject to the three conditions listed above. The applicant, Tacy DesJarlais, attended the meeting. Motion by Alderman Johnson to set a public hearing on July 17, 2001, for special review of a proposed day care center at 313 Forrest Avenue, seconded by Alderman Mace. Motion carried 7-0. 4 Council Minutes of June 19, 2001 d. Laurel YMCA: Skate Park in Thomson Park. Peggy Miller presented information about the proposed skate park in Thomson Park. The YMCA requested to lease the two west tennis courts for the skate park for two years in order to set up and provide a temporary site for a skate park. Plans are being made for a future skate park near the new soccer field. The YMCA will install proper fencing and complete necessary repairs to the concrete floor. The ramps would be covered at night, tickets would be sold at the swimming pool booth, and the YMCA would be responsible for supervision and employees. Tentative hours for the skate park would be from 10:00 a.m. to 8:00 p.m. Alderman Easton stated that the Public Works Committee considered the skate park at the meeting on June 11th, and the committee recommended approval of the YMCA's use of the facility for two years. The council discussed the proposal. An average of four people per day use the present tennis courts, which are in great need of repair and maintenance, and the one remaining tennis court would be adequate to accommodate those individuals. An average of 35 to 65 youth participated in the skate park when it was set up in various parking lots, and Peggy estimated that 30 to 125 children would use the skate park each day if it were available. Liability insurance is provided through the Billings YMCA, and Hoiness LaBar provides extended liability insurance coverage for the skate park. Matt Erekson stated that the lease agreement with the YMCA would provide additional protection for the city. Resolution No. R01-36: Authorizing the Mayor to sign a lease agreement with the Laurel YMCA to. develop a skate park on the two west tennis courts at Thomson Park. RESOLUTION NO. R01-36 AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH THE LAUREL YMCA TO DEVELOP A SKATE PARK ON THE TWO EAST TENNIS COURTS AT THOMSON PARK. Motion by Alderman Johnson to approve Resolution No. R01-36, seconded by Alderman Staudinger. Alderman Easton stated that the resolution should read "two west tennis courts" instead of"two east tennis courts" and asked that the resolution be corrected. The resolution was corrected to read: RESOLUTION NO. R01-36 AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH THE LAUREL YMCA TO DEVELOP A SKATE PARK ON THE TWO WEST TENNIS COURTS AT THOMSON PARK. Alderman Olson stated that many young people have shown an interest in establishing a skate park. He commended the YMCA for their efforts to make the skate park a reality in a controlled site. Alderman Johnson echoed Alderman Olson's positive comments and stated that one tennis court would still be available for residents to use. Alderman Johnson stated that the Drug and Alcohol Task Force has emphasized the need for activities in order to keep youth out of trouble. Alderman Dart stated that the controlled environment provided by this skate park would definitely be a positive opportunity for the youth of this community: Chief Musson expressed concern about possible complaints that the Police Department would receive regarding the hours of the skate park and the type and volume of music that might be played. He stated that the skate park would be a great thing with the proper guidance and supervision. Peggy stated that the YMCA discussed the use of music at the skate park. Loud music would probably not be played at the park, except during a scheduled Bands and Boards Fundraiser, which would be presented to the council for approval. Council Minutes of June 19, 2001 A vote was taken on the motion to approve Resolution No. R01-36, as corrected. Motion carded 7- 0. f. Permission for the Laurel Volunteer Fire Department to display fireworks on July 4, 2001. Motion by Alderman Staudinger to grant permission for the Laurel Volunteer Fire Department to display fireworks on July 4, 2001, seconded by Alderman Johnson. Motion carded 7- 0. g. Soccer field agreement. The soccer field agreement is scheduled for a special council meeting on Monday, June 25, 2001, at 6:30 p.m. UNSCHEDULED MATTERS: A meeting regarding the water intake is scheduled for Monday, June 25th, at 1:30 p.m. in the old council chambers. The Transportation Task Force has scheduled a walk for Thursday, June 28t~, at 6:00 p.m. to view various areas of Laurel. Mayor Rodgers stated that the Ambulance Department would present their need for space at a pre- council meeting at 6:00 p.m. on July 17th. Alderman Johnson suggested that the issue should be presented during a council meeting. After a brief discussion, the council agreed to have the Laurel Volunteer Ambulance presentation at the council meeting on July 17th, with a possible tour of the facilities after the council meeting. Alderman Mace requested permission to be out of town from July 3~a through l0th. Motion by Alderman Olson to grant permission for Alderman Mace to be out of town from July 3ra through July 10th, seconded by Alderman Johnson. Motion carded 7-0. There being no further business to come before the council at this time, the meeting was adjourned at 7:57 p.m. Cindy Allen, ~i'ecretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3ra day of July, 2001. Charles G. R-odgers, May~ / Attest: Mary K. FJl~bleton[ Clerk-Treasurer