HomeMy WebLinkAboutCouncil Workshop Minutes 03.31.2009MINUTES
COUNCIL WORKSHOP
MARCH 31, 2009 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at 6:30
p.m. on March 31, 2009.
COUNCIL MEMBERS PRESENT:
X Emelie Eaton
X Kate Hart
Chuck Rodgers
_x Alex Wilkins
_x Doug Poehls
_x Mark Mace
_x Chuck Dickerson
_x Norm Stamper
OTHERS PRESENT:
Sam Painter
Mary Embleton
Bill Sheridan
Kurt Markegard
James Caniglia
Rick Musson
Jan Faught
Derek Yeager
Pat Kimmet, CHS Refinery
Ken Billingsley, CHS Refinery
Chad Hanson, Great West Engineering
Public InAut (three-minute limit):
Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual
speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on
any item not on the agenda.
There was no public input.
Laurel Volunteer Ambulance Service:
• Appointment of Terie Obritschkewitsch
Jan Faught introduced Terie Obritschkewitsch to the city council. The appointment will be on the April
7`h council agenda.
Clerk/Treasurer:
• Administrative Charges Allocation/Rental Allocation
Mary Embleton presented the Review of Administrative Cost Allocation System & Development of a
Right-of-Way Rental Charge, which was prepared by Miral Gamradt. Copies of the document were
distributed to the council. The proposal is to change the way the city allocates the administrative charges
as indirect costs for administration of work that certain employees and departments do for the Enterprise
Funds. The city has charged administrative charges to the water, sewer, garbage and street funds as
indirect costs. However, the auditors have found an exception to this method used to do this. The city
contracted with Miral Gamradt to review administrative charges and to examine possible ways to fund
General Fund costs to bring revenues to the General Fund and to assist with administration of the city.
That will come in the form of a rental fee that will charge the water and sewer lines for location in the
streets, which is similar to an easement for utility lines through state highways. In doing the research,
Miral Gamradt found that the city has the authority to charge indirect costs to other funds. Statute allows
the city to continue or modify the current method, rather than go with the auditors' preference of a direct
cost method. Miral contacted other cities and the Department of Administration, and he can defend that
Council Workshop Minutes of March 31, 2009
the indirect costs can be charged. Miral also found that the city's formula included 75 percent of the
dispatchers' costs. The dispatchers' work involves water, sewer, garbage, and streets, but does not really
require 75 percent of their time. In this proposal, Miral suggested reducing that to 5 percent, because the
dispatchers are involved in dispatching emergency calls for water breaks, sanding, and similar events.
Plugging the 5 percent into the formula would cause a shortage of monies generated back to the General
Fund to help reimburse these indirect costs. The difference was about $56,000. Miral has reviewed the
rental fee for water and sewer lines located under city streets. The streets are a general asset for the city,
the water and sewer lines are under the streets, and the enterprise funds should pay a rental fee for being
located in the streets. Mary reviewed the charts and figures included in the document. She explained the
method Miral used to calculate the water and wastewater rental fee using the value of city streets and the
amortization of street costs for the Water and Sewer Funds. The figure of $171,448 is the annual cost for
the water lines to use the streets. The figure of $168,050 is the annual cost for the sewer lines to use the
streets. The total annual fee that could be charged is $339,499. Since that is a lot of money to come from
water and sewer ratepayers, Miral proposed a phase in of rental costs. The proposal included $125,000
the first year, with half from water and half from sewer. The maximum amount would be phased in up to
a maximum of $339,499 by the year 2013. Mary stated that the proposal illustrates a way to recover more
administrative costs in the form of a rental fee from the water and sewer back to the General Fund.
There was discussion regarding the proposal, the possibility of going further in arrears if the proposal is
not implemented, and the opinion of the auditors. The city will meet with the auditors to review the
proposal on Friday. The auditors' comments will be distributed to the council after the meeting. Mary
stated that the auditors had some input in the development of the methodology, and she believes their
concerns have been addressed.
Police Department:
• Resolution -- Agreements with Beartooth Harley-Davidson for police motorcycles
Rick Musson stated that the resolution and agreements with Beartooth Harley-Davidson are for three
police motorcycles. This will be the seventh year the city and the police department have entered into the
agreement for use of the motorcycles. The resolution will be on the April 7 council agenda.
Public Works Department:
• Resolution - Cenex sewer line tie-ins
Kurt Markegard explained that the resolution would authorize the mayor to accept a proposal from CHS
Refinery to relocate and modify sanitary sewer tie-ins to CHS trunk lines. Since the trunk lines are
outside the city limits, according to rules, any modifications have to be approved by the council. A few
months ago, CHS informed the city that they needed to modify some structures to relocate some
employees and they would need to relocate sewer tie-ins to their existing trunk lines. Refinery Manager
Pat Kimmet wrote to the mayor requesting approval of the proposal for the tie-ins. Kurt stated that Mr.
Billingsley, with CHS, would show the maps for the project.
Ken Billingsley distributed schematics to explain the plans. One schematic showed the existing system at
the refinery, and the second schematic showed the proposed sewer system and the modifications. The
current five main buildings tie into the CHS trunk line that runs north and south, and then ties into the
Laurel city sewer towards the north end of CHS property. The second sheet showed the proposed sewer
system and the three new buildings to house employees in glass resistant facilities. The new buildings
will be in the proximity of the existing locations, but slightly different. As a result of being in a different
location, different tie-in locations are needed for the sanitary sewer. The proposed schematic shows the
three buildings in red and the proposed tie-ins into the CHS trunk lines. Once the three buildings are tied
in, CHS plans to cut and disconnect the sewer connections from the existing buildings because they will
no longer be serviced down the road. Four trunk lines will be cut and capped, one of which will be
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Council Workshop Minutes of March 31, 2009
delayed until next year because of another related building project. CHS will not touch the city sewer
lines, but just its own trunk lines. The scope of their plan is just to relocate employees, not to add any
new employees or facilities. The resolution will be on the April 7th council agenda.
• Resolution - Accept sign for Riverside Park (Eagle Scout project)
Kurt stated that Eagle Scout Keith Wheeler spent a year designing and building a sign for Riverside Park.
The Park Board will make a recommendation regarding placement of the sign in the park. The resolution
will be on the April 7th council agenda.
• Update of water intake lid project
Kurt reported that the water intake lid project has been completed, which will insure that the intake
screens will be protected from trees and debris that flow down the river this year. He distributed photos of
the actual replacement of the lids.
• Discussion regarding vacating utility easement at TenderNest
Kurt stated that the city has been approached about the possibility of vacating a utility easement. This is
not an alley, but is a utility easement that extends from Mountain View up to 12th Street. The city does
not currently use it except for a sewer line, and the power and phone companies have power and phone
cable running up the utility easement. The property owner recently annexed another parcel and wants to
build another building to provide more services. Part of the plan is to build over the utility easement.
Kurt had questioned whether the city would entertain that because of possible future needs to provide
sewer services going north up Valley Drive.
Randy Swenson hired Sanderson-Stewart Engineers to determine the possibility of relocating the sewer
line for future needs. Kurt showed a drawing of the property, including the current buildings, the utility
easement, and the proposed sewer line. The engineers provided an alternative way for the city to provide
future sewer services and allow the sewer line to be moved. Randy would like to add on to the building
going east, which would go over the utility easement. A city sewer line could go up the west side of a
house Randy Swenson currently owns on five lots there. He would provide the city with a 20-foot
easement to service the northern half of 12th Street and up Valley Drive.
Kurt stated that Randy Swenson requested direction as to whether the council would review it, see the
feasibility of releasing the easement, and come up with a plan to modify the sewer system for his and
future properties. The existing sewer lines would then become private property and the owner's
responsibility.
Randy Swenson, 4510 Highline Drive in Billings, explained the plan to build an addition of five resident
rooms and then turn the easterly part into a nice park with a gazebo. Eventually, he plans to build another
building. He needs to build over the easement to be able to expand the square footage of the building. He
would trade the ground to the west and still provide the easement, which our engineers thought would
work equally well, if not a little better because there is less asphalt to disturb along 12th. There was
further discussion. Kurt mentioned that Chad Hanson reviewed the proposal.
Mayor Olson stated Randy and Kurt could continue to work on this and keep the council informed as to
the direction. He stated that, at this time, the council sees the plan, and does not foresee any obstacles in
the way of keeping in contact with Kurt and the council.
9 Staff recommendation regarding 2057 East Maryland Lane
Council Workshop Minutes of March 31, 2009
Kurt stated that the resident at 2057 East Maryland Lane spoke to the council regarding issues with the
county RSID and the city's street maintenance assessment. Kurt stated that staff does not recommend de-
annexation of the property and hopes the council would not consider de-annexation of the property. The
property originally needed the water service in order to develop it. The property is in the city's growth
area where the city limits will eventually expand, so staff would prefer the council did not consider de-
annexing property needed for future annexation. Working with the County, staff recommends that the
council annex the street in front of the property. The city would then take over maintenance of the street,
and the county would release the property from the RSID. Bob Moats would like written documentation
of the council's wishes to annex the street so the county could release the property from the RSID. If the
property owner filed to de-annex and the council approved the request, the county would not want to
release the property from the RSID. There was discussion regarding maintenance of the section of the
road in front of the property, an agreement with the county to pay street maintenance costs for that portion
of the street, and the possibility of providing sanitary sewer services to the property. Mayor Olson will
direct staff to prepare the paperwork for the annexation of the roadway in front of 2057 East Maryland
Lane.
Planning Department:
a Resolution - Annexation of East Maryland Lane and Alder Avenue
James Caniglia stated that the county and city currently own half of the streets, and the sections were
annexed after 2003, mainly with Iron Horse Station Subdivision. The right-of-way should have been
annexed with the properties, and this resolution will get it done. The area includes Alder Avenue from 7th
Street to the northern edge of Iron Horse Station Subdivision and East Maryland Lane from Alder going
west a little past Iron Horse. There was discussion regarding repair and maintenance of Alder Avenue,
which would be the city's responsibility. Mayor Olson stated that a 2003 state statute requires annexation
of the full width of a street, and these streets should have been annexed with the annexation of the
properties.
a Utility tract at West 9"' Street - storm water retention
James spoke regarding the creation of a utility tract west of 8th Avenue between West Stn and 7th Streets.
This is part of the 8th Avenue project and MDT is in the process of assessing the land for utility tract for
storm water retention. The utility tract is less than two acres with an easement for access. The city
received the Mylar for signatures for filing, and the deed for transfer of land will come later and will be on
a future agenda.
Chief Administrative Officer:
o Discussion regarding Storm Water Maintenance District
Bill Sheridan explained the need to create a storm water maintenance district to collect and deal with
storm water in the City of Laurel. The city's engineers will provide expertise regarding the proposed
storm water maintenance district. The city needs to create more drainage ditches and ways to allow the
groundwater to collect to a point where it can be removed from areas of development.
Executive review:
a Resolution - Local 316 Union contract
Bill Sheridan stated that the contract has been reviewed to make sure it exhibits exactly what was
negotiated. The payment for sick leave will remain at the current one-quarter payout at the end of an
employee's service. Bill and other staff will review the contract again prior to council approval.
a Resolution - Full-time fire chief jab description
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Council Workshop Minutes of March 31, 2009
Mayor Olson stated that job description was designed for the needs of the City of Laurel and was
reviewed by Associated Employers. Staff has been working diligently to ensure that funding is available
for the position. The position will be posted in-house after the funding is finalized.
• Authorization to request quotes for health insurance
Mayor Olson stated that the Health Insurance Committee would meet prior to the next council workshop,
and the item will be reviewed at the council workshop on April 14th
Mary Embleton reported on the city's health insurance plan, which is part of a self-funded pool through
MMIA. MMIA contracted with several third party administrators to administer the program Laurel has
been in the self-funded pool for the last four years, and the five-year commitment will be up on June 30th.
Mary received word from the Employee Benefits Program Manager at MMIA that the preliminary
renewal rates will be officially released tomorrow. A preview indicated that the medical, dental, and
vision will experience a zero percent increase this year for the city's custom plan. MMIA also offers four
other types of plans, and those standard plans will be showing a decrease for Laurel's renewal rates. The
information will be distributed to the employees, the Insurance Committee, the administration and the
council for review. The work comp and liability renewals will also come on April 1 St. Typically, MMIA
health insurance rates were not finalized until July 1St. This year, rates will be finalized by mid-May so
e Voyees can make changes and decisions during the open enrollment period between May 15' h and June
15 . This year's industry trend for increase in medical inflation is 11 percent.
Mary mentioned that MMIA is going to change its name to Montana Municipal Interlocal Authority, since
it is not an insurance company. The paperwork will be available for the next council workshop.
• Insurance Committee restructure
Mayor Olson stated that a change in the structure of the Insurance Committee is needed in order to
provide representation for both unions. The proposed change will be presented to the union
representatives soon.
• Street Stabilization Project
Bill Sheridan stated the need for major street improvements in Laurel. The city has tried to identify how
to improve the roadways in the community, and some sizeable amounts of money are available to do so.
With the help of the city's engineers, the necessary improvements will be identified and prioritized. Bill
stated that bidding out the street improvements will allow the city to ensure that major improvements
actually happen this year.
Chad Hanson, Great West Engineering, stated that the city crews do a great job of patching and
maintaining streets, but there is only so much time and the crew cannot keep up. Street maintenance
funds are building up because the city does not have the personnel to spend the funds quickly enough.
Mary will provide the amount of money available in the Street Maintenance Fund. Chad and Kurt will
figure out which chip sealing, crack sealing, and patching projects can be done with the available funds.
He thinks a significant amount can be done with Mary's preliminary number of about $400,000. After the
projects are determined, a bid package will be prepared. Task Order No. 10 is for Great West to prepare
the bid package and help the city start bidding it. An amendment to the Task Order will be submitted for
the construction part of the project. Chad stated that the city's Pavement Management System identifies
the conditions of the roads and those that can be saved. Although there is not yet a construction timeline,
Chad stated that the plan is to award the contract at the council meeting on May 19th. The resolution for
Task Order No. 10 will be on the April 7th council agenda.
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Council Workshop Minutes of March 31, 2009
• Legislative Updates
Mary presented the status of several major legislative bills, including HB-6, HB-11, House Joint
Resolution 33, HB-645, SB-390, SB-506, HB-658, and SB-58. House Bill 6 is the DNRC funding.
Laurel had applied for a $100,000 grant for the water project, but it did not look like Laurel would make
the cut. Things have changed and Laurel is on the list and might get the $100,000 for the water project.
The bill is out of committee in the second house.
House Bill 11 is for TSEP funding. Laurel applied for a $625,000 grant for the water project and the list
restates the $750,000 grant for the sewer project. The bill is in the second house committee and another
hearing is scheduled for tomorrow.
House Joint Resolution No. 33 certifies the American Recovery and Reinvestment Act (ARRA) monies
and that the state will certify that they will spend them. It references House Bill 645. This has to be done
by April 3rd, which is a federal deadline. The bill has been returned to the first house with the second
house amendments, so it is most of the way through the process.
House Bill 645 is the ARRA appropriations bill, and Laurel has several requests in the bill. One request is
$3.5 million for 8`h Avenue, which is under the MDT allocation. Barb Skelton, of the Federal Highway
Commission, sat in the hearing today to help protect Laurel's interest in the project. There is also
assistance for water and sewer projects in the bill. DEQ and SRF will have their lists of project
recommendations by mid-April. City staff went to Helena to attend the public hearing for the DEQ and
speak for Laurel's project, making sure they know the projects are shovel ready and meet the
requirements for the ARRA funding. There are a lot of projects to review and the comment period ends
this week. There would be two parts if Laurel is successful with both projects. One is principle
forgiveness. Of the money Laurel can borrow to get the projects completed, a percentage of the principle
will be forgiven, which ends up being a form of a grant instead of a loan. The remainder would be a loan
at 1.75 percent interest. Laurel is definitely in the running for the sewer project and fought hard to get the
water project on the list. Another portion of the ARRA money in HB 645 is the discretionary money.
There is $10 million designated for cities and towns and another $10 million for counties to spend
discretionary. The League of Cities worked on a formula to find a fair way to distribute the $10 million to
all 129 cities and towns across the state. The Board approved the formula and the next day cities and
towns had to submit how they would spend the money. Laurel's share will be $118,788, and the city
nominated the mitigation of the irrigation ditch south of the Laurel Middle School as its project.
Mary gave updates on several other legislative bills.
• Appointments:
o Laurel Urban Renewal Agency Advisory Members
Mayor Olson stated that Steve Diefenderfer, Steve Solberg, Steve Zeier, and Janice Lehman would be the
Advisory Members on the Laurel Urban Renewal Agency. The appointments will be on the April 7th
council agenda.
o Fire Department Officers
Mayor Olson stated the following fire department appointments: Derek Yeager, Fire Chief; Terry Ruff,
1" Assistant Chief; Scott Wilm, 2nd Assistant Chief; and Will Guenthner, 3rd Assistant Chief. The
appointments will be on the April 7`h council agenda.
• U.S. Census Bureau- 2010 Census
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Council Workshop Minutes of March 31, 2009
Bill recently responded to a telephone call from the U.S. Census Bureau, but has not received a call back
yet. Bill stated that the Census Bureau requested assistance from the city in order to provide an accurate
count of residents in the City of Laurel.
Mayor Olson asked Derek Yeager, who was recently voted as the fire chief, to speak to the council.
Derek spoke regarding his fire service career with the Bureau of Land Management in Montana and future
opportunities.
• Council Issues:
o Public Works Committee - Recommendation regarding Community Hope
Mayor Olson stated that the committee recommended that a letter be sent to Community Hope outlining
the cost for garbage pickup and stating the charge would remain the same. The letter would also outline
the opportunity to use a yard container at the site.
Mark Mace stated that Community Hope's director requested a reduction in the cost. The committee
recommended leaving the charge at the current rate, as there are a lot of businesses that would also want a
reduced rate. Community Hope has options with signage, surveillance cameras, and fencing. Mayor
Olson will direct staff to prepare a letter to Community Hope.
o Walking bridge on West 12th Street (Chuck Dickerson)
Chuck Dickerson explained concerns with the conditions on the north side of the walking bridge caused
by water and snow, as well as concerns with children riding bikes into the street on the south side. There
was discussion regarding ownership and maintenance of the walking bridge and the surrounding property
and ways to mitigate the issues. Kurt will contact the County Commissioners and the Public Works
Committee will review the situation.
o Condition of alley between First and Third Streets (Chuck Dickerson)
Chuck Dickerson stated that the alley needs work. There was discussion regarding the drainage issues
and the need for valley gutters, which again brought up the need for a storm water maintenance district.
Other items:
Chuck Dickerson recently visited the police department and was very impressed with the new office
furniture and the work that was done. He commended Chief Musson for the work.
Norm Stamper asked regarding the start dates for the South First Avenue mill and fill project. Kurt stated
that the project will be let in May and construction should begin in June or July.
Emelie Eaton attended the Laurel Urban Renewal Agency (LURA) meeting on Monday. The Agency
wants to know if the projects they are considering would meet the council's expectations. Emelie wants
to invite the Laurel Urban Renewal Agency to attend a council workshop to bring the council up to date.
Emelie asked James to speak regarding the proposed projects.
James has been invited to attend all the meetings so far. The LURA members are excited to be on a
committee that has a good funding source. James was asked to update the council on the discussions and
to find out whether or not the council would agree with the proposed projects. The Agency has discussed
over a dozen topics of projects, and James has tried to guide them initially to do things that would increase
the tax increment and thus pay for it in the long run. That includes things like grant matches for the
demolition of buildings that cannot be saved, which is one of the higher priorities at this time. Right now,
the biggest thing they are looking at is public art and the fiberglass animals often seen in downtowns
throughout the country. The group would like to move forward with a project like that and use molds to
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Council Workshop Minutes of March 31, 2009
make fiberglass locomotives for downtown. The Laurel Alive group has talked about doing it, but it is out
of their budget now. James stated that TIF funds could be used to do this immediately. Cost estimates are
not yet available, but a high quality mold could cost about $5,000, and would be the biggest initial cost.
There was discussion. James stated that a questionnaire will be distributed to business owners and
residents of the downtown district. The Laurel Urban Renewal Agency will be scheduled on the April
10 council workshop agenda.
Emelie stated that the LURA had a list of four buildings that have historic value to the downtown. The
Hurzler Building will be demolished soon, and Emelie reminded staff of the need to document the
building prior to demolition.
Mayor Olson stated that discussion regarding annexation of Riverside Park would be on the April 14th
council workshop agenda.
Mayor Olson asked James if the proper documentation would be available for annexation of the road in
front of 2057 East Maryland Lane. James stated that it would take some time to get the proper
documents, as a quit claim deed from the county might be needed. The annexation will be on the April
14"' council workshop agenda.
Review of draft council agenda for April 7.2009:.
There were no changes to the draft council agenda.
Attendance at the April 7,_2009 council meeting
All council members present will attend.
Announcements:
The Arbor Day celebration is scheduled on Wednesday, April 15th, at 6:00 p.m. in Firemen's Park. A
twelve-foot Blue Spruce tree will be planted and a plaque presented in honor of Gay Easton. Doug Poehls
will present a history of Firemen's Park and Kate Hart will speak about Gay Easton. The fire department
and the public are invited.
A Cemetery Commission meeting will be scheduled soon.
The council workshop adjourned at 8:53 p.m.
Respectfully submitted,
IA
_I_A?
Cindy Allen
Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion of the
Council for the listed workshop agenda items.
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