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HomeMy WebLinkAboutCouncil Workshop Minutes 02.23.2010MINUTES COUNCIL WORKSHOP FEBRUARY 23, 2010 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at 6:46 p.m. on February 23, 2010. COUNCIL MEMBERS PRESENT: Emelie Eaton _x Kate Hart _x Chuck Rodgers Alex Wilkins _x_ Doug Poehls Mark Mace _x Chuck Dickerson _x_ Norm Stamper OTHERS PRESENT: Nancy Rohde Mary Embleton Bill Sheridan Kurt Markegard Rick Musson Derek Yeager Public Input (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 none. General items There were none. Public Works Department: • Jack Roma's request for easement on city property Kurt Markegard stated that Jack Roma previously requested a road easement across city land that is currently the water reservoir area. Jack wanted to put a private road on city property, fence it and access land that he would then subdivide and build a house for his daughter. After that council meeting, Kurt contacted Yellowstone County to get clarification because that is a county road at Valley Drive at that location. The County Road and Bridge Department told Kurt that anyone could buy a permit for an approach, which would have to be built to county specifications, which is Montana Public Works Standards and any amendments that the Yellowstone County would have. Kurt then spoke with Alan Hulse at MMIA, the city's insurance carrier, regarding exposure. Though MMIA cannot direct what the city council would approve or disapprove, they would evaluate the City of Laurel for the exposures that the city council has approved and it would affect the insurance premiums paid to the MMIA. The more exposure created, the more there would be potential for liability claims in the future. Alan would not recommend either way. He wanted to make sure the council understood that if it allows things that expose the citizens and the community as a whole, that would then have to be mitigated through premiums and/or liability claims coming in the future on the exposures. Kurt recommended that the city council deny the request to go across the city's land. The request as presented was to pay the city $600 per year for a private road. He recommends that the city Council Workshop Minutes of February 23, 2010 council should not approve the request because of the exposure since the road would not be built to public works standards. There was a lengthy discussion regarding a different recommendation if the road would be built to public works standards, the need to mitigate the hazard to the council and the community, Jack Roma's alternatives to provide access. Kurt stated that, in 1993, the Street and Alley Committee reviewed the issues regarding 5a' Avenue above 14th Street. At that time, the property owners requested to close a portion of the street or abandon the street because of the ditch that was north of the property. They did not think that the road would ever go through there and then up to the reservoir. The Street and Alley Committee recommended that the street be closed and the property owners could put in grass or any amenities, non-structures, with the understanding that the city could in the future request them to remove that property with notice and construct a street there. The street could be constructed up 50' Avenue, but the problem is that a bridge would have to be created to access Jack's property. Jack currently has access to his entire property off Beartooth and Hiline Drives. However, he does not want to tear out his landscaping and try to build a road on a hill. There was discussion regarding the possibility of Jack subdividing and putting five units on the property. The City-County Planning Board would have to review that issue. Mark Mace stated that a nearby property owner was not aware of this and it makes sense to get a consensus amongst the property owners around there whether they want that land opened up. Chuck Dickerson questioned how building a private road could affect the city if it is a private road, even though it is on city property. He stated that, if it is a private road and someone goes on it, they are trespassing and the city would not be liable if they are trespassing. Kurt stated that would be a legal question. Kurt and Sam have discussed this. Like anything else the city does, if the city has an easement for sidewalks, city code says that the adjoining property owner must maintain those sidewalks. If someone trips and falls on the sidewalk, they will go after the property owner and the city and file a claim According to MMIA, state law requires the city to cover anything in the right-of-way, whether it is the secondary insurer. Once the private road is built, the city cannot restrict who uses it for mail delivery or to visit the homes, etc., and it would still be on city property. Kurt stated that this would not be a private road to one house. It would be a private road for the public to use to get to this residence. Chuck Dickerson stated that it is one house and one address. Kurt responded that, unless the road was gated and had a key, any visitors would be traveling on city property. They would have to be restricted to the resident, which means there could be no deliveries. If the road is not maintained and there was a vehicle accident, they would come after everybody, including the city. Chuck stated that a letter should be sent to Jack Roma to explain MMIA's response and the need for the road to be built to city specifications. There was further discussion. Mayor Olson stated the importance of having the necessary information for the city and the applicant. He does not think there is a great hurry to go forward with this before the issue is reviewed thoroughly. 2 Council Workshop Minutes of February 23, 2010 Kurt stated that Jack is looking for closure on whether or not he can do this. He does not know if Jack would design and build the road to Montana Public Works Standards, but that was not in his original request. Mayor Olson stated that the applicant could withdraw his request and submit a different request. Doug stated the need to make a decision based on the request presented to the council. When dealing with property, he would not want to have to wait for an answer for a long time. Chuck again stated his recommendation to draft a letter of explanation to Jack Roma so everything is in writing. Mayor Olson stated that he could have staff document the information that has been compiled regarding this issue. He will ask legal counsel to determine the timeframe in which the applicant could submit another request if the first request is denied. • Resolution - Right-of-way easement from Tim Casey - West Main Street Project Kurt explained the resolution to obtain a right-of-way easement from Timothy and Terrie Casey. The West Main project with the DOT will be let in April and the city is contributing on West Main from 1St Avenue to 8th Avenue. On South 5th Avenue, the sidewalk, curb and gutter sits on the Casey's property and has been since the creation of the street. As the State tried to bring this project up to ADA standards, it was identified that the front and corner of this property were on private property. The State could not enter the private property to reconstruct the corner for ADA handicapped ramps to bring them up to the American Disability Act. An easement needed to be signed in order to construct the ADA handicapped ramps and put in the sidewalk from Main Street to the railroad tracks. A full-width sidewalk will be constructed on the private property in the front where the curb is now. The American Disability Act requires ADA compliance whenever a road is rehabilitated. The property owner made an offer, which the city's contracting engineer thought was an acceptable payment. The resolution will be on the March 2nd council agenda. • Resolution - Change Order No. 5 for additional valves and wiring at the WTP Kurt stated that the water system improvement project is progressing and the pump replacement has begun. One valve was not specified for replacement in the project as it was thought to be in good condition. When the valves were shut down during pump replacement, the valve and the check valve failed and had to be removed and replaced with the valves ordered for the additional two pumps. The change order is to purchase a replacement valve. The wiring needs to be upsized because the current wiring for the pumps is not sufficient to run the new amperage. Kurt stated that only one pump has been changed out so far. The resolution will be on the March 2°d council agenda. • Resolution - Task Order No. 17 - Bulk Water Station Kurt explained that the task order authorizes Great West to evaluate the potential sites and configurations for a bulk water fill station and to do a cost estimate for the council. The task order will help define the area, define which water lines need to be installed, concrete padding, controls, etc. The engineers will present the information with an estimated cost estimate and a recommendation. • 7th Street Ditch Mitigation project Mayor Olson stated that this item will be on the March 9th council workshop agenda. Bids for the 7th Street ditch mitigation project will be opened on March 15th, and the recommendation will be 3 Council Workshop Minutes of February 23, 2010 provided for the council's decision at the March 16th meeting. Kurt stated the need to proceed and complete the project before the irrigation water is turned on in the ditches. Fire Department: • Discussion of intent to create a single fire district Doug Poehls stated that the Emergency Services Committee met with four of the five fire districts at last night's meeting. The committee discussed the proposal to unify the fire districts into one fire district, and everyone seems to be in favor of it. Derek stated that the Emergency Services Committee discussed some questions in detail and concluded that everyone was willing to go forward. The committee then discussed the next steps. By State statute, the next step is to form a consolidation plan, which includes the financial impacts to the people, the media releases (when, where, how), public hearings, Board of Directors, etc. The consolidation plan document would be signed by all five parties involved. Derek stated that the process would proceed in three phases. The first one would be the consolidation of the three fire districts, closely followed by the city going with the fire districts, and then at a later time the fire service area would be converted and annexed into the fire district for one consolidated district. A realistic timeframe to get through this and for the district to be at 100 percent operation is probably about two years. To put the paperwork together and have the details and agreements for review and discussion will probably take six months to a year. This will be a long-term project, as a lot of financial forecasting and legal review is needed. There would be no interruption in the service to the districts or to the city. Derek stated that, during that timeframe, the project in the form of consolidating it down continues to go along, but also the districts maintain the agreement with the city to continue the uninterrupted service. Emelie Eaton commended Chief Yeager for his hard work. Since he took on this position, he has been working for the better of the community and for the better of the department. She commended his efforts. Chief Administrative Officer: • Ordinance - Moratorium on medical marijuana - business inspections Bill Sheridan stated that the ordinance deals with the moratorium of medical marijuana and what the aspects would be in a variety of businesses involved with selling this material. This issue is being considered by all the communities in the state. Bill recently met with Lieutenant Mark Cady and Dr. Richardson regarding this issue. Officer Cady informed Bill that Detective Mark Long, a State investigator stationed out of Missoula, give Vresentations on the medical marijuana issue. A special council workshop is scheduled on March 23 so the council and the public can hear Detective Long's presentation. • Report on Health Insurance Committee's progress Bill stated that the Health Insurance Committee has spent hours trying to deal with the city's insurance needs. The committee is close to making a recommendation, which will be brought forward for the council's consideration. Mayor Olson stated that a special council meeting might be scheduled on Friday to consider the recommendation of the Health Insurance Committee. Two council members will not be able to attend if a special meeting is held at that time. 4 Council Workshop Minutes of February 23, 2010 Executive Review: • Yellowstone County Veterans' Cemetery - County Commissioners' request Mayor Olson spoke regarding discussion at the joint meeting with the County Commissioners. The Commissioners would like to put a building on the triangular site the city currently owns. Mayor Olson told them that the Cemetery Commission voted unanimously not to allow that. The city offered the Commissioners one square acre in the corner, but the County Commissioners declined that offer. The Commissioners understood that they paid for the full amount of land but only received a portion of it. The Commissioners asked for reimbursement for the half acre or so that they did not keep. It would be a consideration of $1,000 or $2,000, but the County has not submitted an official request at this time. Mayor Olson stated that the City of Laurel is retaining ownership of that property. The city originally purchased 10.1 acres from the Rosselot estate, and the County accepted 9.49 acres, according to the paperwork filed. Norm Stamper stated that the Cemetery Commission declined to give the County a quit claim deed for the remaining land. The Cemetery Commission did not want another building next to the city's building in the green space. Norm stated that the property south down along Old Airport Road is basically right in front of the existing shop. The Cemetery Commission had concerns whether the County would deny access to the shop. Mayor Olson stated that the County Commissioners are only concerned about the perpendicular east/west part of the property. The Cemetery Commission does not want to have a building there, and the County Commissioners were informed of that. Hopefully, the monetary portion can be resolved. Doug stated that the County Commissioners presented an alternative to put a building on the north side of Airport Road, which would be better long term once the cemetery expands to the north side of Airport Road. He asked if the current shop would be moved to the east side of the cemetery in the master plan. Norm stated that the master plan would move the shop to the east side of the existing cemetery back where the dirt piles are right now, but he does not know the timeframe for that to happen. The existing triangular piece would then be green space. There was further discussion regarding the County's options if they cannot put a building on the north side of Airport Road because of conflicts with the airport's flight plan, the city's need and desire to retain ownership of the triangular piece of land, the County's ownership of Tract A-2, the city's offer of one acre in the northwest corner of the existing cemetery, and the possibility of building on land by the Masonic Hall. Kate stated that Laurel's main interest is the Laurel cemetery and the County's main interest is the Veterans' Cemetery. Laurel has to protect its interests and vote against their request. Norm agreed with Kate and stated that is what the Cemetery Commission said. He is not opposed to giving the County some money back, but he recommends that the city look further at a land swap first. Mayor Olson stated that he would take the council's comments to the Commissioners to try to resolve this issue. 5 Council Workshop Minutes of February 23, 2010 • Discussion regarding Gay Easton walk bridge Mayor Olson stated that the walk bridge was discussed at the recent joint meeting. He stated that it was the council's intention to landscape the south entrance to the Gay Easton bridge. There was discussion regarding the tree and plaques. Emelie explained that the Yellowstone Conservation District planted a tree in Murray Park in honor of Gay Easton and a plaque will be placed at the base of the tree. The Conservation District started landscaping and weed eating on the southwest side of the bridge. Mayor Olson spoke about the need for landscaping at the bridge and the possibility of having a council/mayor project. Kurt stated that decorative mulch or landscaping rock will be put around the tree in Murray Park. A concrete ring was needed to contain that and the plaque provided by the Yellowstone Conservation District. The concrete was poured in the shop last week. Two plaques will be installed, with the second one at Firemen's Park as part of the city's memorial for Arbor Day. Installation will be completed after the ground thaws in Murray Park. The County Commissioners placed a plaque at the bridge when it was dedicated. Kurt mentioned previous discussion regarding a crosswalk and signage. Mayor Olson and Council President Poehls will review their budgets for funding to complete the project at the walk bridge. Norm is involved with New Boys Youth Group in the community, and they are looking for community projects and might be able to provide labor. Mayor Olson, Emelie Eaton, and Chuck Rodgers will serve on a committee for this project. • Letter to MDT regarding West Laurel Interchange Mayor Olson stated that the west Laurel interchange is expected to go forward in phases. The first phase would not include a road over the railroad track to the south side of Laurel, which will greatly affect Laurel. Mayor Olson asked for the council's permission to document the city's concerns in this letter to MDT. Doug Poehls stated that he would also write a letter to MDT. Mayor Olson stated that the city also drafted a letter to Pat Kimmet at CHS to request that the refinery send a letter to MDT stating their issues with the south side. The project is scheduled sometime after the project rerouting the road south to Silesia. Mayor Olson recently sent a letter of support for the Rockvale to Laurel project. Other items There were none. Review of draft council agenda for March 2. 2010 • Public Hearing - Intent to adopt an official Schedule of Fees and Charges for the City of Laurel Mayor Olson stated that information regarding an additional proposed planning fee will be presented soon. The public hearing is scheduled on March 2nd and the second reading will be on March 16`h The final draft of the schedule of fees and charges will be available at that time. 6 Council Workshop Minutes of February 23, 2010 • Statement of Support for Employer Support of the Guard and Reserves (ESGR) Mayor Olson stated that the presentation will be on the agenda if the eligible employees are able to attend next week's council meeting. Attendance at the March 2, 2010 council meeting Chuck Dickerson will not attend. Announcements Emelie Eaton commended Mary Embleton for work that does Laurel proud. Emelie gets a warm fuzzy whenever she hears that members of city staff are in a different community representing not only the city's interest, but also the community of Laurel in a professional manner. Recently, Mary was in Helena sitting on a board in an advisory capacity, and it certainly was nothing that the city instructed her to do. Mary was once again being a professional and serving the city well. Emelie stated that it needs to be brought to everyone's attention that Mary really takes her job seriously and is always eager to sit on boards and be advising in different capacities. Mayor Olson stated that it is always good to see outside participation and it is important that the council understand her participation. Emelie attended a meeting on Monday regarding the Christmas tree recycling program, in which Laurel participated. Four people showed up, but the new director of Bright n' Beautiful did not attend. Emelie suggested that Laurel could take this on as a community project. Vi Hills has done an outstanding job with the communitywide cleanup events and arranging for a chipper shredder and a dumpster to collect Christmas trees would probably be a walk in the park for her. Emelie may bring that up soon. Mayor Olson mentioned an invitation for a Laurel representative to attend the Yellowstone Valley Electric Cooperative's annual breakfast and meeting on March 23rd. If someone is able to attend, they should contact the council secretary. The council workshop adjourned at 8:07 p.m. Respectfully submitted, 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. 7