The Red Lodge City Council met in regular session on August 13, 2013 at 7:00 p.m. The meeting was called to order by Mayor Roat followed by the Pledge of Allegiance to the Flag. ROLL CALL OF OFFICERS Present: Mayor Roat, Aldermen Foisy, Mahan, Larson, Labrie, Schoenike and Williams. Absent: None. DEPARTMENT HEAD ATTENDANCE: Community Development Director – Forrest Sanderson and City Clerk – Debbie Tomicich. MINUTES OF JULY 23 Motion by Mahan, second by Schoenike to approve the minutes of July 23 as submitted. On roll call vote all Aldermen present voted “Aye.” Motion carried. CLAIMS AGAINST THE CITY Motion by Labrie, second by Williams that claims against the City totaling $660,122.18 approved by the Auditing Committee, be paid and warrants drawn on their respective funds in payment. On roll call vote all Aldermen present voted “Aye.” Motion carried. Labrie reported on some of the claims that were submitted this month. Wilson Brothers was paid $370,000 for work done on the Broadway Rehab Project. Two claims were submitted to be paid through the TBID funds and they totaled $5,618. The two claims were for advertising done by Creative Design Works. This was for brochures. Foisy said there is a sign located at 14th and Hauser directing traffic back onto Broadway and speaks to shopping and eating. The City paid for half the sign and Suzanne Kadous, Glass Rabbit, paid for the other half. It is a good sign showing that Broadway is open and OFFICERS REPORTS The officer’s reports were presented to the Council for their review. It was pointed out that the water loss for the month was 35%. COMMENTS FROM PUBLIC REGARDING AGENDA ITEMS None SPECIAL COMMITTEES Larson told the Council that the Library Board met August 7, 2013 at 5:00 p.m. at the Library. He said that new shelving would be coming in and they will need help September 17th – 20th moving books and such so this shelving can be installed. Foisy reported for the Parks Board and told everyone that an Urban Forestry Grant was received for purchasing and planting trees on the public right-of-way. The match on this grant will be the purchase of the trees for $75 by anyone interested in planting them outside their house. There is an application at City Hall for anyone interested in purchasing any of the trees. The City will plant the tree but the person doing the purchasing will be responsible for maintaining the tree and if anything happens to the tree it will not be replaced. Foisy said the Parks Board personnel will site the trees and determine what kind to plant. ADMINISTRATION – Solid Waste Contract – Scholarship Committee Appointments Motion by Williams, second by Labrie to authorize the appointment of a three person committee, the Mayor, the Council President and a representative from Republic Services to handle the two $500 scholarships provided by Republic Services in the current Solid Waste Management Contract. On roll call vote all Aldermen present voted “Aye.” Motion carried. TBID Committee – New Members Trish LaCombe said that Angela Beaumont is retiring and will be leaving in October and this will leave an opening on the TBID Committee. LaCombe said that as of this time they only have one person that has shown an interest in serving on the committee but they hope to have more interest by the next Council meeting. She said there are 11 members that contribute to the TBID in the City limits and individuals serving on the committee need to be the owner of a rental accommodation business or a designated representative. LaCombe said the TBID Committee meets the second Friday of the month at 10:00 a.m. POLICE AND EMERGENCY SERVICES Mahan said the committee had a very productive meeting and they will be bringing some items to the Council when they are ready. She said they predominantly talked about how to manage motor homes that are parked on City streets for an extended period of time with people living in them. Mayor Roat said there is no further news on the dispatch services being moved to Laurel. LAND USE AND PLANNING-Growth Policy-Planning Board Recommendation RESOLUTION NO. 3360 A RESOLUTION OF INTENT BY THE CITY COUNCIL OF THE CITY OF RED LODGE TO ADOPT THE 2013 RED LODGE GROWTH POLICY AND CREATION OF A 30-DAY PUBLIC COMMENT PERIOD. WHEREAS: The Red Lodge City Council tasked the Planning Board with the preparation of a Growth Policy for the City, AND: WHEREAS: The Red Lodge Planning Board approved an action plan incorporating public input and an approximate time line for the adoption of a new Growth Policy for the City of Red Lodge, AND; WHEREAS: The proposed Growth Policy addresses all of the statutory components of a Growth Policy to the extent acceptable to the Planning Board and City Council, AND; WHEREAS: The Red Lodge Planning Board did conduct a public hearing of the Growth Policy on July 10, 2013, AND; WHEREAS: The City of Red Lodge through its Community Development Department has and continues to work cooperatively with the Carbon County Board of County Commissioners on planning and land use related issues, AND; WHEREAS: The City Council of the City of Red Lodge is desirous of establishing and maintaining up to date growth management regulations including but not limited to Zoning, Subdivision and Floodplain Regulations, AND; WHEREAS: The City Council of the City of Red Lodge is statutorily required to update and examine the Growth Policy on a time frame not to exceed 5 calendar years, AND; WHEREAS: The City Council of the City of Red Lodge is desirous of providing persons who may be effected by the adoption of the Growth Policy as much opportunity for involvement in the adoption process, AND; WHEREAS: 76-1-604 of the Montana Code Annotated provides the process for the adoption, revision, or rejection of a growth policy by the City Council. NOW THERFORE BE IT RESOLVED, by the City Council of the City of Red Lodge, Montana to adopt Resolution of Intent Number 3360 and hereby open a public comment period for 30 calendar days during which persons may comment upon the Growth Policy. Said comment period will expire upon September 21, 2013. Further, notice of the passage of this resolution of intent shall be published in the Carbon County News not less than twice during the comment period and a public hearing on the Growth Policy is scheduled for August 27, 2013. Persons desirous of commenting upon the Growth Policy shall submit their comments in written form to: City of Red Lodge GROWTH POLICY COMMENTS City Clerk P.O. Box 9 Red Lodge, MT 59068 BE IT FURTHER RESOLVED, by the City Council of the City of Red Lodge, that following the closure of the comment period that the City Council will by, Resolution, adopt, adopt with revisions, or reject the Growth Policy prepared by the Planning Board at a time and date of the choosing of the City Council. Sanderson introduced the Planning Board members as they have done a lot of work getting the Growth Policy finished. The members of the Board are Council Designee and Board President, Mike Schoenike, Board Vice-President, Sandy Conlee, Council Appointee, Polly Richter, County Appointee, Warene Wall, and Mayor Appointees, Dan Gainer, Jeff DiBenedetto and Leon Odegaard. Sanderson said that on September 25, 2012 the City Council asked the Planning Board, in compliance with Montana law, to examine the 2008 Growth Policy which was four years old at that time and needed to be updated in year five to comply with the statute. In response the Planning Board met, adopted a work plan schedule to address the known items of concerns, the issues they had seen, heard and identified as potential needs for updates and then scheduled a series of meetings targeting those items so people with opinions on those matters could present them to the Board for consideration. Sanderson said the Planning Board had a number of controversial items centering on infrastructure, gridded networks, casinos, gaming, the entrance zones, housing and health assessments which are all things that to some manner and extent were addressed in the 2013 Growth Policy but by no means should the Council infer that the vote to recommend the document to the Council was a unanimous vote on all individual items. The Planning Board has completed their tasking and work plan and they have recommended the Council adopt Resolution No. 3360, Resolution of Intent to Adopt 2013 Growth Policy. Sanderson said the current 2008 Growth Policy has expired and this means they cannot entertain any amendments to our zoning. The Planning Board wants the Council to go through the document and to be comfortable with it before any final decisions are made and the document is adopted. Schoenike asked Sanderson if tonight or later in the process was the appropriate time to adopt the Planning Board recommendations as findings of fact. Sanderson said this would be done at a later date, probably the October meeting when Resolution No. 3361 comes to the Council table. Motion by Schoenike, second by Mahan to approve Resolution No. 3360, a Resolution of Intent by the City Council of the City of Red Lodge to adopt the 2013 Red Lodge Growth Policy and creation of a 30-day public comment period with three amendments. 1) In the first Whereas it should read that on September 25, 2012 the Red Lodge City Council tasked the Planning Board. 2) In the sixth Whereas there should be a comma after the word Subdivision. 3) The eighth Whereas should read “The City Council of the City of Red Lodge is desirous of providing persons who may be effected by the adoption of the Growth Policy (as much) ample opportunity for involvement in the adoption process, AND;. (as much should be removed and replaced with the term ample). On roll call vote all Aldermen present voted “Aye.” Motion carried. Schoenike expressed his thanks to the Planning Board for all the hard work they have put in on the revisions of this document. Mayor Roat also commented that the leadership shown by Schoenike was very valuable. Dan Gainer reminded the Council that the Growth Policy is a policy document not a regulatory document. It was approved unanimously by the Planning Board as such. Sandy Conlee said the Board would like to encourage growth in the business sector in Red Lodge so they were very careful about negativism or anything that discourages business. PUBLIC WORKS – Broadway Water Rehab Project Update Sanderson said that according to the engineer’s estimate the project will be coming in $25,000 under the primary Council approved budget. The contingency fund is not going to be touched at all. Sanderson said the credit for this goes to the City Crew and the engineers at Great West to take on a project with the complexity of this one. Sanderson said that preliminarily Wilson Brothers is looking at a five block closure and to then do the paving in one or one and a half days instead of piece meal closures that will take much longer. Warene Wall said that Wilson Brothers was so very helpful and informative to the public and she feels this helped the project go much better. Mayor Roat said that Curb Box also did a very good job on the project getting temporary water to people during the project. Michael Szczutkowski told the Council that the approach of the new bridge at 19th Street will be paved at this time according to Commissioner Prinkki. Platt Avenue Water Project Motion by Schoenike, second by Mahan to approve the Platt Avenue Water Project as spelled out in Chad Hanson’s letter of July 22. On roll call vote all Aldermen present voted “Aye.” Motion carried. Wilson Brothers will be doing the project as it will be a change order on the project they are currently doing. The costs will be $36,700 for the services from 5th to 7th Street on Platt Ave. and $8,350 for the services from 15th to 16th Street on Platt Ave. The cost for the paving will be roughly $15,000. Schoenike said the Water Department is borrowing funds from the Sewer Department to do the Broadway Project. He said that during the Public Works Committee meeting they were advised that some of the issues at the lift station on the north end of town are a bit more pressing than originally thought. He said the possibility could be that the City may have to borrow some of the InterCap funds that are available for this potential problem. Schoenike said the committee feels the City engineer needs to take a look at the lift station and let the City know what needs to be done and what the cost would be. Mayor Roat said he knew nothing of this problem but he will get some answers regarding the lift station. Schoenike asked that this be put on the agenda for the next Council meeting. Water and Sewer Rate Studies Schoenike said the City engineers will conduct a rate study to see what may need to be done regarding the water and sewer rates. Both of these rates have not been increased for a number of years and there are pressing issues on both systems so he feels it is time to see if the rates need to be increased. He would like this to be an action item at the next Council meeting. Skateboard Park Mayor Roat said the problems with the equipment at the skateboard park are worse than first anticipated. The underneath framework also appears to be rotting away on the equipment. A lot of work will need to be done to get the park usable again. Public Restrooms Mayor Roat said the damages at the public restrooms have been repaired. He said the camera that was installed seems to be working. Solar Array Mayor Roat said the solar array panels were turned off for one billing period and now that it is back on the bills will be compared with previous months and years. Accident Spots Foisy said that it has been discussed at the Police and Emergency Services Committee meetings about identifying any spots in Red Lodge that are more susceptible to traffic accidents. Today during the meeting it was pointed out that at the intersection of 15th Street and South Adams there have recently been several accidents and that there may be a sight distance problem there. The Public Works Department will also look at this intersection and see what they feel may or may not need to be done. Swimming Pool Meeting Schoenike said a meeting will be held August 22, 2013 at 5:30 p.m. at the Red Lodge Area Community Foundation building regarding avenues for funding a new swimming pool. Moose Trail Park Mayor Roat told Michael Szczutkowski that he is unsure of where the safety issues are that Szczutkowski spoke to at the kid’s park. The Mayor asked Szczutkowski if he would be willing to meet him at the park so he could show him what his concerns are. This will be done. All minutes unapproved.