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HomeMy WebLinkAboutCouncil Workshop Minutes 08.10.2010 MINUTES COUNCIL WORKSHOP AUGUST 10, 2010 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by President Doug Poehls at 6:30 p.m. on August 10, 2010. COUNCIL MEMBERS PRESENT: _x_Emelie Eaton _x_Doug Poehls _Kate Hart _x_Mark Mace Chuck Rodgers _x_Chuck Dickerson Alex Wilkins x Norm Stamper OTHERS PRESENT: Sam Painter James Caniglia Bill Sheridan Rick Musson Kurt Markegard Jean Kerr Gary Colley Terry Ruff Mark Guy 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 no public input. General items There were none. Bresnan Communications: Franchise agreement Sean O'Donnell, Senior Vice-President of Operations for Bresnan for a four-state region, stated that Bresnan and the city's legal counsel made a few minor changes to the draft franchise agreement. Sean distributed copies of the final document and requested that the council consider a resolution to approve the franchise agreement next week. Bresnan would like to close on the transaction with Cable Montana to purchase the Laurel system and to begin upgrading the system to add more products into the market. He requested that Bresnan gain approval to hold a franchise in the City of Laurel effective next week. Emelie asked if Bresnan would publish the rates they will charge and if those rates would significantly differ from the current cable company's rates. Sean stated that the rates are published and he will provide a copy. The Laurel rates will be similar to the current rates in Billings and they are similar to Cable Montana's current rates. The rates would not be implemented immediately because a substantial amount of work is needed through the upgrade process, which will take six to twelve months to complete. The product packages in Laurel will remain the same until Bresnan completes the upgrades and adds additional products and packages. Council Workshop Minutes of August 10,2010 Under the franchise agreement, the city can charge up to a 5 percent franchise fee that Bresnan would apply to a consumer's bill and then remit to the city. Doug stated that a resolution would be available to the council by Friday. Susan Huntoon, 501 Cottonwood, asked what the council would do with the money if a zero to 5 percent customer fee was charged. Doug stated that questions should be directed to the Budget/Finance Committee. Fire Department: • Ordinance—Miscellaneous fire protection regulations Gary Colley, Fire Marshal, explained that the change in the ordinance would allow the use of outdoor fireplaces and other fireplaces in town. The current ordinance does not allow them, but they are sold everywhere. Gary stated that the fire pits should be used per manufacturer's specs. Verbiage regarding careless conduct in smoking is also included in the ordinance. The first reading is scheduled on August 17t'. Planning: • Resolution—Vacate alley between Laurmac Subdivision Lot 1 and Ward Subdivision Lot 13 James Caniglia explained the resolution to vacate an alley between Laurmac Subdivision Lot 1 and Ward Subdivision Lot 13. The resolution of intent to vacate the alley was approved a couple weeks ago. The alley by Tender Nest has never been used by the city and was only recently annexed. The grade is too steep for city garbage trucks or any other use and there are no utilities in the alley. The applicant plans to expand the business over the alley. • Laurel Urban Renewal Agency recommendations: o $4,000 to Laurel Town Square Mural Project for public improvements o $4,000 for match reimbursement to Planning for title search and surveying of proposed Historic District James spoke regarding LURA's recommendations for $4,000 to the Laurel Town Square Mural Project for public improvements and $4,000 for match reimbursement to Planning for title search and surveying of the proposed Historic District. At the previous council workshop, there were questions about the legality of these two items. Sam Painter reviewed them and prepared an opinion for the council. The two recommendations are allowed by the TIFD statute. James recently spoke with Larry Gallagher, who helped write the TIFD statutes in the 1970's, and he said the items need to be an improvement to benefit the public, not a private building owner. The mural directly faces a public space. The women's mural in downtown Helena by the pedestrian mall was a TIFD project. Emelie stated that, when it pertained to the Montana medical marijuana matter, the council was told that city ordinances could be stronger than State ordinances. She understood that was true of Laurel's TIFD ordinance, and no one is addressing Laurel's ordinances. She questioned why there was only reference to the State statute and not what Laurel specified for use of the TIFD money. Sam stated that the Laurel TIFD code was written from the Montana code, and he could not find any intention to restrict the use of TIFD funding to only concrete and pipes. Montana law is very broad, and the Laurel code is not narrower in any area to conclude that there was an intention to restrict the 2 Council Workshop Minutes of August 10,2010 use of the funds. He could not find a law to prohibit the use of funds for the two proposed projects. The memo concludes that it is within the council's discretion to approve or not approve the projects. These are LURA's recommendations, and it is up to the city council to decide how to utilize the funds. From Sam's standpoint, the council would not violate any ordinance or law if it approved the projects. The council could disapprove the projects. The ordinance was initially written with the intent to provide a board with the authority to design projects for the city. At the time the ordinance was written, the council directed legal counsel to make sure the council remained the ultimate decision maker to approve projects and expend the funds. That safeguard was put into the city's ordinance, and ultimately, the council determines whether or not to fund each recommended project. Chuck Dickerson recommended preparation of two resolutions regarding the $4,000 for the Town Square Mural Project and the $4,000 for the survey and title work for the Laurel Historic District for the council's consideration next week. Emelie asked regarding the relationship between Laurel Alive and LURA and why this Laurel Alive project was brought to the council. James explained that the two organizations work together a lot. Some LURA members are also part of Laurel Alive and vice versa. Since the main interest of both groups is to do improvements in downtown Laurel to make the downtown better, there is dialog between both groups so they know what is happening. The mural is a Laurel Alive project, and Laurel Alive has done a lot of fundraising and project management. LURA is very aware of the project since some members are also part of Laurel Alive. Laurel Alive worked hard to raise money for this expensive project, but they have not been able to raise enough money at this point. James recently applied for a grant for an awning for the mural. Shirley McDermott and Daniel Klein, who are members of LURA, attended the council workshop and provided input. There was a lengthy discussion regarding the formation of LURA, their authority to make project recommendations to the council, LURA's involvement with other organizations, LURA's recommendation regarding assistance for the new movie theater, the representation from the Chamber and Laurel Alive at LURA meetings, and the need for the council to consider the individual recommendations submitted by LURA. Norm clarified that the TIFD tax dollars are paid by the business owners within the TIF District for projects within the district. The money is not paid by individual taxpayers and citizens within the community. Emelie stated her concern that Laurel Alive would ask for more money in the future if the fundraising does not raise enough funds. She asked if there was any proof from Laurel Alive that this would be a one-time request. Dan Klein did not know if the motion stated it would be a one-time request, but that would be up to the council. Chuck Dickerson stated that the fundraising is unknown now, but LURA has requested $4,000 now. A future request would be a separate matter for the council's consideration. 3 Council Workshop Minutes of August 10,2010 Emelie stated that the question was not whether the council would have to reconsider it but whether or not the project would die or if there is enough financial support for the mural to be completed. Dan stated that they are getting close with the fundraising and it is moving forward very well. There was discussion regarding this summer's Rock the Block events and the 50150 drawing. Doris Hill, 612, 7th Avenue, spoke regarding a mural she helped paint in Huntley in conjunction with the Lewis and Clark Centennial. Since that mural cost about $500, she questioned the cost of this mural. She thinks it is a beautiful mural and did not want to criticize it, but she thinks that $4,000 could be used in a lot of different areas. She stated that one can of spray paint could wreck a mural. Greg Nelson, a member of Laurel Alive, owns the building at 207 West Main. He explained that Laurel Alive started a mural two years ago that cost $800 in materials. They are painting that mural out now because "you get what you pay for". The paint was a problem, the wall was not prepared well, and the paint started peeling. The current mural artist has painted murals in Spain and monasteries and is a well-known artist. If you want a professional, you have to pay the price for it. Better materials are being used this time. This mural was painted on professionally prepared panels, and there will be lighting and an awning to safeguard the mural. The mural will be coated with a special protective product so it will clean off if something is put on it. He stated that $4,000 seems like a lot of money, but as a potential business owner, it is worth it if it draws people into town to spend money. There was further discussion regarding feedback from the downtown business owners. Shirley stated that the business owners and the Chamber of Commerce are very supportive of the projects. Members of the public and the downtown businesses attend the LURA meetings and provide input. Emelie stated that one constituent would rather use tax money to restore or refurbish old buildings than to fund matching dollars for a grant. She asked if LURA planned any projects to restore buildings rather than just create the downtown Historic District. James explained that the Historic District gives damaged buildings the opportunity to receive a 20 percent Federal tax credit and a 5 percent tax credit for rehab of buildings. This is generally reserved for large capital projects. Downtown Laurel has never had tax incentives for building improvements. With the Historic District, Laurel's downtown buildings would have the opportunity for tax credits. Shirley mentioned that LURA is working on a technical assistance program and a facade improvement program for the downtown district, and the programs are being reviewed by the city attorney. Emelie asked if buildings automatically qualify because of the district or if they have to become historic designations individually. James explained the three different levels: individually contributing buildings; contributing buildings; and non-contributing buildings. Individually contributing buildings would be able to get the tax credits. Without a district, the contributing buildings would not and with a district the non- contributing still would not get the tax credit. Out of seventy buildings in downtown Laurel, eighteen were individually contributing and ten were non-contributing. Most of the buildings are contributing buildings. 4 Council Workshop Minutes of August 10,2010 Emelie asked why LURA does not spend $8,000 to help tear down the old asphalt plan if it wants to fight blight. James stated that the asphalt plant is not inside the TIF District. There was discussion regarding the boundaries of the TIF District, the costs to tear down a building, and the $75,000 to $200,000 cost estimate to clear the grain silos behind Hardee's. There was further discussion regarding the current LURA budget. LURA funds are currently at over $200,000 and are carried from one year to the next. The two resolutions will be on the August 17`h council agenda. Public Works Department: • Resolution—Engagement Letter with Dorsey&Whitney • Resolution—Intent to create SID for SE 4`h Street President Poehls removed the two items as they are not ready yet. Executive Review: • Resolution—Temporary Clerk/Treasurer contract President Poehls stated that the resolution and contract for the temporary clerk/treasurer position would be on the August 17d'council agenda. • Discussion regarding fireworks Chief Musson stated that the fireworks issue is not a new conversation for the city council, emergency services, police and fire departments. He distributed a sheet showing the 877 calls for service the Laurel dispatch received between June 25t' and July 22"d. Out of 50 fireworks complaints, nine were officer initiated and five were anonymously reported. Twenty-eight times the officers had negative contact with violators, as the callers did not know the location of the fireworks. The officers issued fifteen warnings, four calls did not have clear action taken, and three citations were issued. Rick spoke about what drives law enforcement to enforce state or local laws. The simplistic answer is public safety. He stated that each community dictates what is acceptable. Laurel has a reputation for being a speed trap city and a reputation for arresting a lot of DUI drivers, which is a good thing. Rick stated many possible situations and questioned if they are acceptable or unacceptable and when tickets should be written. These included: writing speeding tickets, not stopping at a stop sign, not making a complete stop, stopping behind the stop sign, taillights, headlights, giving tickets rather than warnings, using the turn signal, walking on the street when there is a sidewalk,jaywalking, parking a car eighteen inches from the curb, parking on the wrong side of the street, riding a bicycle without a headlight, violating traffic laws on a bicycle, exiting a parking lot without stopping, disorderly conduct, arresting everyone in a business during a bar fight, shoveling snow into the streets, not shoveling the sidewalk within twenty-four hours after a snow fall, writing tickets for crashes because of slick streets, leaving a running vehicle unattended in the wintertime, open containers, transient panhandlers, turning the wheels into the curb while parking on a grade, walking on the right side of a crosswalk, and exceeding the speed limit by one mph. He stated that the community dictates what the public wants and can handle. 5 Council Workshop Minutes of August 10,2010 Rick spoke regarding how to change the minds of Laurel's citizens when it comes to shooting off fireworks. First, do not allow street dances in Laurel on the 3`d of July as that starts the festivities for the 4`h of July. Second, do not allow the firemen to shoot fireworks off at the park. Third, have heavy enforcement with no warnings no matter the age of the offender. Fourth, raise the amount of the fine from $25 to at least $100. Fifth, get the judge on board so tickets are not dismissed by the court. Sixth, move the sale of fireworks out past Laurel's zoning area. Sgt. Mark Guy stated that Chief Musson was talking about philosophy. Many policing philosophies are available online, and he chose one particular study. He stated that it has been suggested that police departments return to an outdated philosophy of strict adherence to the law. This disappeared back in the 80's when law enforcement moved to community policing, which is building a partnership with the citizens and basically having fair, consistent, and impartial law enforcement. For the last 20 plus years, the standard of the Laurel Police Department has been to be fair, consistent, and impartial. Sgt. Guy stated that the department is fair and consistent and impartial when it comes to enforcing the fireworks ordinances. The study he quoted is from the U.S. Department of Justice National Institute of Justice and came out in 1999 under Attorney General Janet Reno and the author is George Kelling. The author maintains that officers must and should exercise discretion in such situations. Giving police officers permission to use their professional judgment is not the same as endorsing random or arbitrary policing. In the author's view, policing reflects the neighborhood's values and sense of justice that understands the residents' concerns are more likely to do justice than policing that strictly follows a rule bar. The author stated that the work world of the police is too complex to tell officers exactly what they should do in every situation or circumstance. The author stated that police officers need to focus on the substantive content of police work, find and delineate the means to conduct police work that is morally, legally, and skillfully effective and then structure the departments on the basis and the literal work, not a fix or life view of law enforcement. The article stated that there is a failure to understand the inherent assertiveness of community or problem or anti-policing, equating it with soft policing. But with hard core policing there are greater consequences of alienating the police officers from the community. In 1953, the American Bar Association suggested that discretion was found to be used at all levels of community justice. The idea that police made arrest decisions simply on the basis of whether or not the law had been violated was a generation of police leaders that lead the public to believe that it was a simple and accurate way to do police work. Low level decision making by line personnel in light of practical and real life considerations was found to be a significant contributor to crime control and problem solving. Criminal law was used to solve problems. The author stated that police departments should develop and enumerate policies that give police personnel specific guidance for common sense situations, requiring the exercise of police discretion. The author said police demeanor was such that officers gained the sympathy and support of the population. In conclusion, Sgt. Guy said that, if fireworks were such a heinous crime that required the outdated policy of strict enforcement, he went on record that they should not be legal in the State of Montana. Chief Musson stated that the Police Reserve staff, four deputies from Yellowstone County, and the officers on shift worked the 4d'of July schedule this year. Doug stated that the Budget/Finance Committee's overtime list from June 28'h to July I Ith had 131 hours of overtime and 39 hours of comp time during that period. Monty Cherry, 405 Laurmac, stated his concern that certain people can fire off fireworks that are close to the size of the fire department's fireworks. Monty stated that the Laurel Fire Department is 6 Council Workshop Minutes of August 10,2010 the best department and he likes the fireworks. He is sure that the individual on Mountain View across from Kiwanis Park did not pay for insurance to protect the people around them. Monty spoke at length regarding his concerns, the need for citizens to work together with the city and the fire and police departments to rectify the issues regarding large fireworks and the timeframe for fireworks to be set off. Brenda Sell, 1055 Montana Avenue, is a Laurel dispatcher. Brenda described a typical 4th of July for the Laurel dispatchers after the fireworks show is over. It is the only time there are two dispatchers working, as the phone lines ring nonstop. Police officers cannot get across town, as there are thousands of cars leaving town. There are car accidents, drunken disorderly people that are celebrating, and then the local people start setting off fireworks in their driveways. There are not enough officers to escort the thousands of people out of town and to get to those fireworks. By the time everybody gets out of town, the dispatchers have compiled a long list of fireworks' complaints. Officers try to get to them as soon as possible, but it is physically impossible to get anywhere in town. Nobody can get from one side of First Avenue to the other or across Main Street. Officers in each section of town try to handle the calls. There are ambulance calls and fire calls in the county where people have set off fireworks in fields. One year Brenda received ten fire calls in a five-hour period, and a group of firemen just went from one fire call to the other call. She stated that the dispatchers have to determine the priority of the calls. Larilee Harkness, 1130 12th Avenue, spoke regarding the fireworks issue, her respect for law enforcement officials, firemen, and city employees, the lack of officers during the 0 of July, the suggestion to charge$1.00 per family to raise funds to provide more security, and her experience with fireworks being thrown at her house. She asked the council to look at some positive solutions for this issue. David Herman, 416 Mountain View Lane, stated that he had prepared text for tonight and was going to lower the hammer on this outfit, but three people already stole his thunder. David stated that, "if you don't listen to what the chief had to say about quitting this fireworks business, quitting the street dances, and attracting a bunch of people here, this is going to go on forever. That guy's got more brains than any of you people. He knows exactly what needs to be done. You people just don't have the will to do it. You can listen to the chief and implement what he suggested. You can stick your heads in the sand and I'm here to tell you that parking 18 inches from the curb, drifting through a stop sign, that whole litany of other stuff that you mentioned did not keep me awake until 2:00 in the morning and did not fall on my house. (He threw a large firework on the table). That fell on my house. It could have started my $7,000 roof on fire. I wouldn't have been a bit happy about that either. So this is happening on your watch. You council people, our city administrator, it's all on your watch. So what are you going to do about it? You just going to sit here, you going to do nothing, you going to let this go on forever, you going to let some kid get his fingers blown off you going to let somebody get their eyes blown out with rocks, you going to let them get their houses set on fire, are you going to sit here on your hands with blank looks on your face. Now is the time to decide. It ain't going to be the 4th of July for a long time. You have a long time to think about it. So what are you going to do?" Chuck Dickerson told Mr. Herman that his point was well taken. The council often hears people speak that are disturbed about the city's actions or non-actions, but he seldom hears anybody offer solutions. 7 Council Workshop Minutes of August 10,2010 David stated that Chief Musson told him exactly what needed to be done. There was further discussion between Chuck Dickerson and David Herman regarding offering solutions. David stated that if the council implemented what the police chief said, the problem would go away. He stated that the city is attracting people to town by the thousands that have a history of getting drunk, creating a disturbance, and there is a whole litany of things these people are doing. Doug thanked Mr. Herman for his comments and stated that perhaps something could be done within the realm of community policing, as Sgt. Guy explained. Judge Jean Kerr stated that the week after the 41h of July is a busy time for the court. She spoke regarding the fireworks issue and stated that she is willing to brainstorm with others to find solutions. Fran Garnett, 1115 40'Avenue, stated that she has no complaints with the police and fire departments. She would like to meet with people to talk about possible solutions in a less antagonistic format. Doug stated that the next Emergency Services Committee meeting is on Monday, August 23'd, at 5:30 p.m. in the council chambers. He invited anyone to attend for further discussion of positive possibilities to enhance the enforcement of the 4t'of July fireworks. Helen McCourt, 1034 Montana Avenue, lives across from the clinic parking lot, which turns into a war zone every year after fireworks go on sale. She is not against fireworks but is concerned about the size of the fireworks, the number of days that fireworks are set off and that they are set off late at night. Doug stated that fireworks are illegal in Laurel, regardless of when they are shot oft. Lisa Reiber, 1007 4`h Avenue, has lived south of Kiwanis Park for twenty-two years. She has noticed a big change with the fireworks as the neighborhood now has young families. She spoke regarding citizen arrests, Neighborhood Watch, and the need to communicate with neighbors regarding the issue. Chief Musson stated that it is always good to talk to neighbors. Montana law allows for citizen's arrest,but he would not advocate making a citizen's arrest. He stated that the size of the fireworks is changing, and the large fireworks cannot be purchased from local fireworks stands. The police department plans to contact the head of the ATF in Montana, who lives in the Laurel community, to get some training and information regarding fireworks. There was discussion regarding the time it takes to transport an offender to Billings, which reduces the manpower to handle the other issues on the 40'of July. Chief Musson stated that he spoke earlier about how to change the minds of the citizens. Laurel has been shooting fireworks off for over fifty years. If Laurel is going to totally get rid of the problem, as Sgt. Guy said, the State needs to totally abolish fireworks. He is not advocating his suggestions and does not have any authority. The council has to make the decisions. 8 Council Workshop Minutes of August 10,2010 Gary Colley, fire marshal, stated that this is probably the worst time of year for the fire marshal. He inspects fireworks stands and licenses them every year, and he has not ever seen any fireworks as big as the one David Herman brought. Gary said that the big fireworks are available about 70 miles down the road on the Indian reservation, which is a sovereign nation where they can do what they want. The State of Montana has no regulations on the reservation regarding fireworks. Monty Cherry stated that he would attend the meeting on August 23'd at 5:30 p.m. in the council chambers. He looks forward to working with everyone on this issue. Doug stated that the fireworks issue has been addressed by the Emergency Services Committee for several years. The last big discussion was regarding whether to make fireworks legal or to keep them illegal. If they were legal for certain days and/or certain times, it does not solve the problem of illegal use of fireworks. Even if the time limit is midnight, somebody will shoot them off at 3:00 a.m. because they do not care whether it is legal. Another problem with making fireworks legal is who is liable for damages in the City of Laurel. There would be questions regarding where it would be legal in the city. If fireworks were legal in the right-of-ways, the City of Laurel would have to take the liability. Most people set their fireworks off in the roadway, so it is still an illegal issue. Doug stated that the issue is the enforcement issue. Doris Hill, 612 70' Avenue, is for the 4`h of July and fireworks. She stated that somebody has to be for the 4`h of July, as it is a United States holiday. The 4`h of July brings people to Laurel for the various events and the fireworks. Darrell McGillen, 511 West 11 th Street, lives across the street from the other aerial show in Laurel. He was involved with the fire department for 32 years, in the administrative part of the fire department for 20 years, being assistant fire marshal, fire marshal, assistant fire chief, and then chief for 15 years. Darrell's dad was instrumental with the Laurel Volunteer Fire Department starting the 4t' of July in Laurel, Montana. His dad told him that he needed to keep the tradition going as long as he lived. People used to leave Laurel and go to Red Lodge for the 4`h of July to attend the rodeo and have a good time. There was a downfall with that, as those people had to come back home, and there were many serious injuries and fatalities on Highway 212. Community founders decided to do something to keep the people in Laurel. Back in the 50's, some men in the fire department dug in their pockets to come up with the money to buy some bottle rockets, Roman candles, sky rockets and firecrackers to start the first fireworks show at Thomson Park in Laurel. Other organizations soon got involved and there was a parade and a BBQ. Then people started waiting around for the fireworks show, and that was the creation of the 4`h of July in Laurel, Montana. The 4`h of July now draws class and family reunions, as well as other events, and it is a fun place to be. The Jaycees also started annual events. Darrell spoke regarding the issues with large fireworks and the sale of fireworks in neighboring states and on the reservation. He stated that there is a reason why we shoot fireworks, and he has not heard that reason tonight. It is a celebration of the country's independence. He wants the discussion to be positive because he wants to teach his grandkids why we shoot the rocket's red glare and the bombs bursting in air. Darrell stated that he will protect that as long as he lives in Laurel. • Discussion regarding procedure for public hearing on water rates Doug stated that the city is working to find a judge to preside at the September 21 st public hearing for water rates. 9 Council Workshop Minutes of August 10,2010 Emelie asked if the public hearing would be held in the normal format, except that Doug would not preside since he was publicly made aware that he is not impartial. Doug stated that Mr. Molnar had a good suggestion when he said the city should have someone preside that has not heard this before. A judge could decide what is relevant and what is irrelevant to the issue. Sam stated that the first public hearing held was not in violation of any statute. The city complied with the requirements of the statute and will continue to do that at the next hearing. There have been requests and suggestions to allow cross examination, interrogatories, etc. Those things are under the Administrative Rules of Montana and do not apply to the city. Sam's recommendation is to conduct the same type of evidentiary hearing on the water rates that the city conducts at every rate hearing with the same format. The only additional things in statute are that the public has the right to be represented by an attorney and the attorneys or public members are allowed to make a closing argument. Those are the two variations from any other public rate hearing held by the city. During his time as the city attorney, the council has never declined anyone the right to have an attorney. Attorneys are always invited to the podium as long as they openly declare who they are representing. The opportunity for final argument or closing argument can be given. He does not recall anybody ever asking for final closing argument, but does not think the mayor or whoever was conducting the hearing has ever foreclosed any sort of input at any hearing. The hearing will look much like the previous hearing. He stated that the hearings examiner is a good suggestion only because the hearings examiner should be a law trained attorney or judge who understands the rules of evidence and can exclude statements and testimony that have nothing to do with water rates. Personal attacks, threats against the community, and such things are not relevant and the council does not need to hear them. A hearings examiner does not make a decision and does not have a vote, but that person is charged to conduct the hearing and fairly gather the evidence for the council and for the record. Emelie asked if the new public hearing is on the entire rate system or only the portion that pertains to the bulk water users. Sam stated that it was not restricted, and the evidence can be from any user of the system. The council's consideration after the hearing is whether or not the council wants to reconsider the water rate structure that was adopted. If no one brings it to the council forefront to reconsider the water rates, the issue is settled. If the council is convinced that new evidence was presented and a different decision is needed, someone would have to make a motion to reconsider the water rates. The motion would have to be seconded and voted upon to bring the issue back. From there, the council would proceed with whatever suggestions or differences it wanted to consider. • Council Issues: o Murray Park(Chuck Dickerson) Kurt explained that the contractor seeded the area earlier this summer, but it did not work. The contractor has an obligation to address the issue within the one-year warranty period, and it will be addressed tomorrow. Emelie stated that the tree planted in Murray Park in memory of David Murray is dying. Kurt explained that some trees died off last winter because they did not have the ability to go into dormancy. Trees in this area have to go into dormancy or they do not shut down the vessels in their 10 Council Workshop Minutes of August 10,2010 stems to get rid of the water. An early freeze last October killed a lot of trees. The public works department will probably replace the tree with the same species of tree. o Park Maintenance District in Elena Subdivision(Chuck Dickerson) Chuck spoke regarding the park maintenance district that was created prior to the passing of the Elena Subdivision. Kurt explained that the public works department has nothing to do with the creation of park maintenance districts. The park maintenance district was recommended by the Planning Board. The Public Works Department would oversee the infrastructure once it is installed, but there is currently no infrastructure to maintain, the city does not have funding for the park, and the property owners have not been assessed for the park maintenance district. There was further explanation and discussion. James explained that the Subdivision Improvement Agreement that was approved stated that, after preliminary approval and before final plat of Elena Subdivision, a park maintenance district would be created and the park maintenance district would fund the initial improvements and would be recorded and assessed on the taxes. That would have been easily done at that time without any citizen involvement and with a simple formula for lot coverage, etc. However, it was never done and James does not know why. The SIA does not specify who was supposed to do it. James talked to a resident of Elena a year ago and informed them that the city needs to know what they want. The city will send a letter to the property owners about scheduling a meeting for discussion of the park and assessment for the district. James stated that it will be difficult to determine how to assess the properties at this point. Chuck stated that his question was answered with the information James provided. o Hole in the road on South First Avenue(Chuck Dickerson) Chuck stated that this issue has been addressed and is no longer a concern. Other items Judge Jean Kerr reported that she received the grant for the DUI Court. The grant provides the funds to gay the expenses for the team to go to Athens, Georgia, for training during the week of September 20 . After the training, the team will formulate a plan to meet the needs for Laurel's DUI Court. The team includes a member of Laurel law enforcement, Nancy Rohde, the prosecutor, a defense attorney from Billings, a licensed addiction counselor, and a coordinator. Review of draft council agenda for August 17, 2010 Three resolutions will be added to the agenda. Attendance at the August 17, 2010 council meeting Mark Mace will lead the meeting in the absence of Doug Poehls. Announcements Norm stated that the Park Board meeting has been rescheduled from August 126' to August 1901. He mentioned that anyone interested in serving on the Park Board should write a letter of interest to the city. 11 Council Workshop Minutes of August 10,2010 The council workshop adjourned at 9:00 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. 12