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HomeMy WebLinkAboutCouncil Workshop Minutes 07.13.2010 MINUTES COUNCIL WORKSHOP JULY 13, 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 6:30 p.m. on July 13, 2010. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x_Doug Poehls Kate Hart _x_Mark Mace _x_Chuck Rodgers _x_Chuck Dickerson Alex Wilkins _x Norm Stamper OTHERS PRESENT: Sam Painter James Caniglia Bill Sheridan Brent Peters Kurt Markegard Jan Faught Shirley Ewan Chad Hanson, Great West Engineering 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. Sean O'Donnell, 6021 Sandalwood in Billings, spoke on behalf of Bresnan Communications in Billings. He informed the council that Bresnan Communications has reached an agreement with Cable Montana to purchase the cable system in Laurel. They will be working on an official franchise agreement, as required by city ordinance, for presentation in a few weeks. Bresnan is excited about the opportunity to acquire these systems and plans to invest quite a bit of money over the next twelve to eighteen months to add additional services for the citizens of Laurel. Sean provided some business cards with his contact information in case someone wanted to discuss the transaction. Mayor Olson stated that the presentation will be on the July 271h council workshop agenda. General items: • Appointments: o Laurel Library Board: Dixie Feller to fill a term ending June 30, 2013 The appointment will be on the July 20th council agenda. o Laurel Ambulance Service: Dee Miller and Ted Rose The appointments were removed and will not be on the July 20th council agenda. Public Works: • Discussion regarding potholes Public Works Director Kurt Markegard stated that the city has been patching streets. He explained that Chad Hanson, Great West Engineering, has prepared the bid documents for a large street reconstruction project of leveling, crack sealing and chip sealing for this fall. Work is being done to Council Workshop Minutes of July 13,2010 identify the funding for the project, which should total approximately $400,000 worth of work. The project would include about $150,000 in chip sealing, $150,000 in crack sealing, and some patching. At the next workshop, Kurt plans to identify the streets that will be chip sealed or crack sealed. Leveling will be done citywide where needed, particularly on the east end of town where it did not get done last year because the funding ran out. Additional street maintenance revenues should be received in August. Chad prepared the documents, the council will be notified regarding the streets, and the project will go to bid soon. Kurt and Chad recently discussed the possibility of including the paving for the proposed SID on SE 4t' Street with the street maintenance project in order to have only one mobilization for the contractor. Since the water and sewer projects are ending, public works will be able to concentrate on the street projects. • Update on proposed SID for SE 4`h Street Kurt stated that Bill Sheridan scheduled a meeting on July 8t' with the property owners on SE 4`' regarding the proposed SID, and the majority of property owners attended the meeting. At the meeting, Chad Hanson presented the plans, the cost estimates, and the estimated payout for each lot owner. The property owners are all favorable to go forward with the project. Chad Hanson, of Great West Engineering, spoke regarding the meeting with the landowners on SE 4t' and Wal-Mart on Bernhardt Road. At that meeting, Chad explained that the TIF district paid for the storm water improvements and brought the overall cost of the project down significantly. He also showed them the cost estimates. The street maintenance district will fund the leveling course first, and then a mill and overlay and chip seal will be done on SE 4`h and Bernhardt Road to tie into the work MDT completed on First Avenue South. The property owners were favorable to the cost estimates and the assessments and encouraged the project to go forward. Last Friday, Chad got updated information regarding parcels and ownership from the County. Bond counsel needs to be contacted to start the SID process, which includes a 15-day protest period, the resolution of intent, and the resolution forming the SID. Chad anticipates that the project will be done in September while the weather is still good and the businesses are in the off season. The project will focus on fixing the asphalt and does not include lighting or turn lanes. He explained that there are some serious right-of- way issues with sidewalks. Lighting is a separate issue requiring the creation of a lighting district. If sidewalks and lighting are done at a later date, it would not impact the street because the existing curbs and all sidewalk improvements are behind the curbing. Since the existing right-of-way varies anywhere from a couple feet behind the curb to right at the curb, agreements would be needed or right-of-way purchased in order to add sidewalks and lighting. There was discussion regarding the left-hand turn lane or center turn lane, which would eliminate on- street parking. Kurt explained that the cost estimate to rebuild the street was millions of dollars five years ago, but that is not being done in this project. This proposed street project will cost about $210,000 with the overlay. The milling and leveling course will be about $50,000. Kurt asked the city council to consider paying the $50,000 out of street maintenance funds, since the property owners have been assessed for five years and no work has been done on the street. At the meeting with the property owners, there was discussion regarding the need to complete water, sewer and storm drain connections prior to the street project. Kurt asked the council to consider a five-year moratorium on 2 Council Workshop Minutes of July 13,2010 street cuts after the project is done, except in emergencies. If street cuts were done, there would be a requirement for more paving preservation and trench restoration in order to get the joints away from the trench. Then if water penetrates through the crack, it would not settle the trench. Kurt stated that the property owners were encouraged to help protect their infrastructure, and they were agreeable. Cemetery Commission: • Cemetery sprinkler system—Roger Perkins Kurt stated that the city has been trying to get a sprinkler system in the cemetery for years and has looked at studies and paid engineers to work on it. The Cemetery Commission Chairman contacted some people regarding sprinkler systems. The Cemetery Commission went to Rockvale to see its sprinkler system, which is a semi-automatic manual. The system is more efficient than Laurel's system, which requires hand pipe to be moved a couple times a day. Kurt stated the need to put the pipe underground and install larger spigot heads that will shoot out 80 to 90 feet and do radiuses. At the last Cemetery Commission, there was a motion and a second to ask the council for $90,000 in the next budget for installation of the sprinkler system at the cemetery. Kurt introduced Roger Perkins to present information to the council. Roger Perkins, a professional engineer with his thesis in water, looked at the existing system and worked with a couple suppliers to quote a revision to the system. He spoke regarding the existing system, the proposed system and the economic analysis or value of the improvement and the efficiency of the system The pump at the Cove Ditch is a 20 horsepower vertical turban pump. He did a performance test on the pump, which is operating right on the curve and developing the full 20 hp. The pump and motor seem to be in good condition. The pipeline coming up from the pump is probably the weakest point of the system He suspects that the pipe material is either steel or cast iron, given its age, and it is probably nearing its useful life. The pipe goes to a series of hydrants and to a hand move system that consists of Rain Birds on about a 40-foot interval and it produces about 250 gallons per minute. The pipe is typically moved twice a day, once in the morning and once in the evening. Roger stated that the clay soils have an available water holding capacity of about 2% inches for grass, which is a fairly shallow rooted vegetation. The current system has an application rate of about '/2 inch per hour and is typically operated at least ten hours. That is an application of over five inches, which is twice as much as the soil will hold in that root zone grass. Roger spoke about the proposed system, which is a very large big gun type system with a half-inch nozzle. The half-inch nozzle needs to operate at 60 psi. The system is presently operating somewhere between 45 and 50 psi, so the pressure needs to increase. Two things need to be done to do that. One would be to replace the four-inch diameter steel pipe or the cast iron with six-inch diameter PVC pipe, which would give at least 10 psi of additional pressure. Secondly, he proposed to put a variable frequency drive down at the 20 horsepower motor. He also proposed to change the system from the current 240 volts to a 480-volt system and go with a true 3-phase. Now there is a Y- Delta connection, or two pods, and they generate the third phase, which is troublesome because sometimes the phases get unbalanced. With the variable frequency drive, the system senses pressure and maintains a set point within a range by varying the speed of the motor. That can go from nearly zero to twice the speed, and the speed of the motor would be increased slightly when the system was operating to fully load the 20-horsepower motor. That would pick up the pressure that is needed. 3 Council Workshop Minutes of July 13,2010 The six-inch line crosses a property near Groshelle and then continues up to the highway at Groshelle. Roger proposed trenching in the six-inch line coming up the slope, boring under the property and under the highway, which would be about 100 feet. Once the highway was crossed, it would be a conventional trench to the cemetery. There would be a six-inch line going across the north/south line of the cemetery right along the old highway. The four-inch lines would go down along the curb on the edge of the pavement. He proposed extending the lines within about 100 feet of the property line for future expansion that direction, and the overspray would also irrigate about 100 feet into the area to the north. About sixteen acres are irrigated now and the proposed system would expand to about 20 acres into the future. The sprinklers cover a radius of about 90 feet, depending on the pressure, and they would be spaced about 90 feet. That would require 50 risers and the four guns would be moved and would operate for about four hours at %2-inch per hour, which would be about two inches. They would be changed three times a day and five days per week in order to match up with the working schedule of the cemetery personnel. The layout would have to be surveyed and it would be a shallow bury of probably 12 to 18 inches. Roger explained his economic analysis. If the city irrigates for about fourteen weeks, or about 70 days, and 22 hours a day, the power bill for that season would be around 40,000 kilowatt hours. With the YVEC rate of about 6 cents per kilowatt hour, it would be a$2,400 power bill. If the application rate were cut back from five inches to 2%2 inches over the course of the season, the grass would still be green and it would save $1,200 a year. He assumed there would be a labor savings of a couple thousand dollars. The variable frequency drive would be an asset to both the system and the utility in that it is a soft start. A vertical turban motor comes up to speed all at once and it demands two to three times the amperage when it starts for that first few seconds. With a variable frequency drive, it comes up very slowly and also improves the power factor and that is a benefit to the utility. He understands that NorthWestern Energy will participate in the installation of a variable frequency drive because of the benefit to their system. Roger stated that an analysis indicates about a four-year payback period for the cost of the variable frequency drive. Variable frequency drives are programmable with a laptop computer and are very flexible in the programming. Roger had Billings Pump and Pipe Supply and Innovative Irrigation work up a quote for him, and the quote for the actual field cost was $70,000 to $75,000 to do the complete installation. He included an estimate of$25 per foot for boring under the highway. For the economic analysis, if a capital recovery factor of.1 is assumed, $50,000 to $60,000 could be justified based on power and labor savings and the benefit to the utility company. From an economic standpoint, it would pay its way. Kurt stated that the VFD's are required of 480 power, which is not available at this time. YVEC was going to run the lines up First Avenue and Buffalo Trail and connect with Airport Road and then go forward with Riverside Sand and Gravel's proposal. That is on hold until the FAA reviews their plans to see if it is agreeable with the airport. There would be an additional cost if the city had to pay to get 480 power. Kurt hopes that YVEC continues installation of the transmission line on Airport Road to tie it into Laurel. NorthWestern Energy operates inside Laurel and YVEC operates outside Laurel, so there has to be some cooperation to get the power connected there. Roger stated that the project could be done in phases, but the priority would be the pipeline, which is the weakest part of the system. That could be done without impacting the rest of the system as it is now. Once the big guns are in, the additional pressure would be required. Kurt explained that there is $81,000 in the cemetery budget now for capital improvements. He asked that the $81,000 be allocated for the sprinkler system with additional revenue coming out of the 4 Council Workshop Minutes of July 13,2010 General Fund to pay for additional costs. The city has to go out for bid for any project over$50,000, but this proposal provides a nice projection. If the project goes to bid and is awarded this fall, the contractor could do it this fall or next spring Roger stated that the proposal included a spare motor and some spare bearing parts so the system could be repaired quickly if there was a problem. The cost was $2,500 to $3,000. Other modifications could also be made to the proposal. Chuck Rodgers thanked Roger his presentation. The sprinkler system has been discussed for twenty years, and he would appreciate the council's consideration to go forward with it. Planning: • Energy Efficiency Block Grant City Planner James Caniglia stated that the contract for the Energy Efficiency Block Grant has not arrived yet. • Medical marijuana—business license ordinance James stated that the draft ordinance has extensive regulations. The regulations for the businesses and the zoning were from Fort Collins, Colorado. In his research, he found that the zoning and business license ordinances in Fort Collins were very thorough. He briefly reviewed the requirements of the ordinance. James stated that Sheriff Jay Bell and Chief Musson reviewed the draft ordinance and did not have issues with the regulations. Sam Painter stated that areas that are still being researched are highlighted. The draft ordinance is a work in process and is not ready for a council decision. He stated that it is important for the council to review the document and understand where the city is coming from as a regulatory entity. He pointed out that in LMC, Section 5.04.020, an ordinance on the city books states: "No provision contained in this title shall be construed so as to license any trade, business, occupation, vocation, pursuit, profession, or entertainment prohibited by any law of the United States, of the state of Montana, or prohibited by the provisions of this code or other ordinance of the city." If the council decides to go into the regulation of medical marijuana businesses, the council will have to change that part of the code. Otherwise, there would be a conflicting law on the books. Section 5.04.170 has the reference to the federal law, too, and would have to be changed. Mayor Olson asked the council to review the document for further discussion on a future council workshop agenda • Discussion—Drug/Alcohol Policy for transit bus drivers James stated that a resolution is needed for approval of the Drug and Alcohol Policy for those involved with transit safety sensitive positions. The City of Laurel has a Drug and Alcohol Policy that tests people with CDL licenses. The Federal Transportation Administration, which administers the grant program, has a drug and alcohol policy that needs to be followed in order to receive federal grant money. The city will not receive the buses until a policy is in place specifically for the safety sensitive positions involved with transit. Safety sensitive positions include the drivers from the Laurel Senior Center, as they will benefit from the grant. The policy would include pre-employment and random testing, and the policy has a few references to the city's existing policy. If changes in the Personnel Implementation Guide affect references in the Transit Drug and Alcohol Policy, the policy would need to be amended. In addition to the pre-employment and random testing, a first-time 5 Council Workshop Minutes of July 13,2010 offender could go for rehab once at his/her own expense and then return to work after successfully completing the course. James worked off the City of Billings' policy and left it the way they had it. The policy is a standard document that follows FTA regulations verbatim. Some blanks still need to be filled in the document. The resolution and policy will be on the July 200'council agenda. • Resolution—Conveyance of quit claim deed of cemetery land to Yellowstone County James explained that the 1.15 acre parcel on the northwest portion of the cemetery is being exchanged for the small piece of land the County deeded to the city on the west side of Buffalo Trail some time ago. The documents are not ready tonight. The County will take control of the veterans' cemetery at the end of this month and they want this approved by both entities by the end of the month. The exempt plat would need signatures and council approval. Executive Review: • Discussion—Water rates/failure to provide notice to Montana Consumer Counsel Mayor Olson asked if there was any audience participation. Cindy Fox, 9407 Laurel Airport Road, stated that "we have contacted the MCC and they have forwarded the information to the lawyer and they will be in contact with you." Mayor Olson stated that the city has received that. Mayor Olson asked if there were any other comments from the audience. There were none. Mayor Olson stated that the city received the request for information and the Montana Consumer Counsel asked for all the records,reports and notices the City of Laurel put out regarding this issue. Doug Poehls thanked Sam for the memorandum. He stated that the council should just stand by the decision. If somebody wants to proceed, then the council will need to proceed. Sam explained the two options in this case. One is to do nothing and take a wait and see approach. The second option is to hold an additional rate hearing. The only down side of that is the expense, as it could cost $2,000 to $3,000 to mail and publish the notices. However, holding another public hearing might end up saving money when balanced against the attorney's fees if the city got sued. Sam stated that he is not opposed to the city council ordering an additional public rate hearing and sending notice to the Montana Consumer Counsel, like the statute says. He has reviewed the transcript from the previous hearing, and did not see that the city deprived anyone of the ability to present evidence or testimony. He stated that it would not harm the city to hold an additional public hearing to gather any remaining evidence there may be for the council to consider. When weighed against litigation costs, it would probably save money to hold another hearing. Doug asked if the council would be required to revote after an additional public hearing. Sam suggested that the council order an additional hearing, gather evidence and have an additional decision, basically to clean up the record. Otherwise, the council would not consider any new evidence that was presented by the public. He stated it is important to give the opportunity to consider evidence before the vote, and he recommended having an additional vote. 6 Council Workshop Minutes of July 13, 2010 Chuck Dickerson stated that it was never the council's intent to do anything that was not legal. He would like to have an additional public hearing to obtain further information. Mayor Olson stated that, as he understood the discussion, it would be to allow a motion on the floor next Tuesday to schedule an additional public hearing for additional evidence to be brought forward. Emelie stated that there was some previous testimony that discussed the difference between what the city considered to be a rate increase hearing and the rate hearing required by MCA. She questioned if the hearing would require testimony and rebuttal, which was not done at the city's public hearing. Sam stated that the hearing that was alluded to is in the Administrative Rules of Montana and is applicable to Montana departments and agencies. Local governments are excepted and are not required to have cross examination, depositions, interrogatories, etc. The council has to accept written and verbal testimony. Sam stated that the one statute cited in the memo is the only statute that applies. If the council applies those requirements, it does not need to go much further. Doug stated that it would be appropriate to have the council vote next Tuesday regarding setting an additional public hearing. • Discussion—Proposal from Yellowstone Bank Mayor Olson spoke regarding Yellowstone Bank's proposal for the city to purchase the south portion of Solid Foundations Avenue. Bill Sheridan and Mayor Olson attended a meeting with Yellowstone Bank and asked that for further consideration. Yellowstone Bank agreed to review the proposal to see if another proposal could be brought forward. As of today, they have not contacted the city. This issue will be on the July 27t'council workshop agenda. Norm Stamper asked if there was any agreement or discussion about keeping the south end of the property open during the discussion process. Mayor Olson stated that he was under the impression that it would remain open until the negotiations are complete. There was discussion regarding the special needs school bus and the garbage trucks that use that street and cannot turn around or back up. The school district is interested in this issue in order to plan for the upcoming school year. Chuck Dickerson suggested that the city send a letter of appreciation to Yellowstone Bank for keeping the entrance and exit open during the discussion of the property. • Discussion—Resolution No. RI 0-77: Job description for Chief-Emergency Medical Services Mayor Olson asked for public comment. There was none. As chairman of the Emergency Services Committee, Doug reported that the committee met last night to discuss the issue. In his research prior to that meeting, he found that there are very few instances where an ambulance director is required to have a paramedic certificate. Some require a bachelor's degree in fire science if the fire and ambulance services are combined. All the other references required a Basic Certificate in EMT. The Emergency Services recommended the following changes to the job description: item 9 says "May, where needed, perform duties related to providing EMT- Paramedic level care to patients". The words "EMT-Paramedic" would be changed to "EMT-Basic." One qualification requirement states: "Must have a certificate of currency as a nationally and 7 Council Workshop Minutes of July 13,2010 Montana registered Emergency Medical Technician-Paramedic". The word "Paramedic" would be replaced with the word "Basic." Since there is not a chief in an ambulance service, the committee recommended that the job description title be changed to Director-Emergency Medical Services. The committee also wants to proceed with finding a medical director. There was discussion regarding the council's options to adopt the resolution and job description as is, reject the resolution and job description, or amend the resolution and job description. During discussion regarding the need to alleviate any confusion about the job description, several audience members stated "there is no confusion." Then one audience member said, "there's no confusion." Doug will provide a definitive copy of the recommended changes to the council secretary. Sam stated that it would be clear in the minutes that the council, if they decide, would move to amend both the resolution and the attached job description. The council would then second that, approve the amendments to the original resolution and job description. Once that is approved, there would still be a vote on the floor, as there has already been a motion and second to approve the resolution. The council could have discussion then and then consider voting on it. There was discussion regarding the process of finding a medical director for the ambulance service. Mayor Olson has asked Bill Sheridan and Jan Faught to meet to find some suggestions for a medical director. A letter has gone out to five doctors and additional names are expected to come forward tomorrow. Doug stated that the Emergency Services Committee will meet on Monday, July 26 h, and the medical director issue will be on the agenda. Emelie stated that the entire matter bypassed the Emergency Services Committee and she hopes that the continuation of looking for a medical director is not going to bypass the committee. Mayor Olson stated his intent to keep the committee informed as far as who would be in consideration for the medical director. It is his intent to get a medical director on board as quickly as possible. • Council issues: o Asphalt Supply(Chuck Dickerson) Mayor Olson stated that Joe Gentri recently stated that MRL intends to go forward with an investigation of the toxic materials in the tanks at Asphalt Supply. Mr. Gentri also informed him that MRL is interested in leasing the land across from the Owl Cafe to the City of Laurel. There was further discussion regarding Asphalt Supply, release of toxic substances, conditions for demolition, and the gentleman that recently spoke about the property. Other items There were none. Review of draft council agenda for July 20 2010 A motion to set an additional public hearing for the water rate increase will be added to the agenda. Norm Stamper will be unable to attend the Park Board meeting on August 5`h and asked if there is a co-chairman on the Park Board. 8 Council Workshop Minutes of July 13,2010 The ambulance appointments will be removed from the agenda. Attendance at the July 20, 2010 council meeting All council members present will attend. Announcements Doug thanked everyone that was involved in the process with the Emergency Services Committee. Chuck Rodgers stated that the Cemetery Commission will meet on Monday, July 19'h, at 5:30 p.m. Emelie stated two items for the July 27th council workshop agenda. The first item is the procedure for hiring employees and allowing pay and benefits and the second item is a financial report, as she had heard there was some concern about the finances of the city. Mayor Olson mentioned that the Montana League of Cities and Towns meeting is scheduled in Butte on October Oh through W", and he encouraged the council members to attend. Since Mayor Olson will not be present for the fireworks discussion at the council workshop on August 100, he stated his thoughts on the issue. When he was young, they would have a few small fireworks after the 4th of July fireworks were over. When he got on the fire department, he found that the department had the fireworks to prevent accidents by keeping people in Laurel. A second reason was that fireworks are dangerous and should only be set off by professionals. He stated that it has always been the fire department's intent to present the fireworks in a safe manner. The council workshop adjourned at 8:21p.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. 9