HomeMy WebLinkAboutCouncil Workshop Minutes 09.14.2010 MINUTES
COUNCIL WORKSHOP
SEPTEMBER 14, 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.n-L on September 14, 2010.
COUNCIL MEMBERS PRESENT:
_Emelie Eaton _x_Doug Poehls
Kate Hart x Mark Mace
_x Chuck Rodgers _x_Chuck Dickerson
Vacant _x Norm Stamper
OTHERS PRESENT:
Brooke Baracker Shirley Ewan
Kurt Markegard Jan Faught
Public Inuut(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.
Duane Christensen, 609 Birch, spoke regarding the potholes in the intersection of 4`h and Birch
and asked the city to address the issues before winter. He was a road supervisor and understands
the money issues and other problems. When he spoke at a council meeting a year ago, he was
told that it would be addressed because work was being done close to that intersection, but
nothing was done.
General items
• Appointment:
o Laurel Ambulance Service—Jackie Yamanaka-Williams
Ambulance Director Jan Faught stated that Jackie could not attend tonight and neither one will
be able to attend next Tuesday. Jan asked the council to consider Jackie's appointment, as she
recently completed the EMT class and would be a great addition to the ambulance service.
Public Works Department:
• Resolution—Engagement Letter with Dorsey&Whitney
• Resolution—Intent to create SID for SE 4'h Street
Kurt Markegard stated that the two resolutions need to be delayed until the next council
workshop agenda. The city is working with Dorsey & Whitney to determine a fair assessment
for the properties, as some properties do not have adjoining street right-of-way. Dan Semmens,
of Dorsey & Whitney, would do an assessment of the square footage of the lots considered so
they pay a portion of their frontage behind the property that has the right-of-way. Some business
owners are agreeable. Kurt just contacted the last person and Kurt will send the information to
Council Workshop Minutes of September 14,2010
him. This property owner will have an increase of$3,000 in the assessment, so it is important to
get his consent. Dorsey& Whitney wants the four property owners that do not have frontage to
sign off on an agreement so the SID cannot be challenged. The final documents should be ready
for the council's consideration at the council workshop on September 28 h.
• Resolution—Change order for Wastewater Improvements Project
Kurt stated that this is the reconciliation change order resolution for the wastewater improvement
project. Kurt has asked Stephanie Seymanski to attend next Tuesday's council meeting to
present the items. Kurt explained that there were underground issues that the engineer could not
foresee and certain things at the Elm Lift Station. When the contractor tried to connect the new
lift station to the existing pipes, there were bends and 90's that were not right and new 90's had
to be installed. Because the Qwest phone line was not able to take an auto-dialer over the
Memorial Day weekend, some bypass pumping was necessary. Kurt could not allow the lift
station to go online with no backup plan and no way to notify police dispatch or public works
employees of a problem. If that happened, a subdivision could be completely backed up with
sewage for three or four days without public works knowing. Other issues included rebuilding
the grit chamber in the new head works building. The enclosure for the grit chamber was rusted
out and the contractor suggested rebuilding it with fiberglass for $4,000 to $5,000. Fiberglass
Structures rebuilt it and installed it, which saved the city at least $50,000 to $60,000 to buy new
equipment. The change order was submitted a couple weeks ago, but Kurt did not bring it to the
council's attention until he had time to review it.
Kurt explained one outstanding issue, which is H2S problem at the Elm Lift Station. The city is
still in negotiations as to how the issue will be resolved. The lift station has a hydrogen sulfide
problem, which is a byproduct of anaerobic conditions that happen in sewer systems. Arizona,
Miles City and Bozeman have the same problem. Bozeman is actually installing some of the
equipment that the city is contemplating putting in. Kurt explained that it happens when there
are long runs of sewer lines and the sewer systems are not getting flushed with enough water.
Arizona is having problems because the houses built during a huge housing boom are now
empty. If there is only one resident in a whole subdivision that is flushing the toilet, the waste
product creates an anaerobic condition and the bacteria gives off hydrogen sulfide, which creates
the smell. Kurt stated that the city is working to solve the issue, which should be the only
outstanding issue after this change order.
Electronic versions of the lengthy change order will be provided to the council.
Executive Review:
• Land purchase from Yellowstone Bank
Mayor Olson asked Kurt to provide input regarding the advantages and disadvantages of
purchasing the property.
Kurt explained that the development of the Solid Foundations Subdivision and annexation into
the city created issues right away when he was the Maintenance Superintendent. When he
inspected the road, he realized that there was no place to turn the city's garbage trucks around.
That presented some issues when the homes were being built and people were moving in, as
there was no turnaround or hammerhead. He went to the public works director then and asked
2
Council Workshop Minutes of September 14,2010
why the hammerhead was not put in, and he said that it was. The preliminary plat had a
hammerhead on the adjoining property, but when the final plat came through, the hammerhead
was dropped out. That created an issue for solid waste collection, as there was no way for the
garbage trucks to turn around. Kurt stated that the city's garbage truck drivers were trespassing
on a right-of-way that the city did not have for solid waste collection. The Laurel Development
Corporation intended to have a cul-de-sac and a turnaround in the future, and the emergency
access was a temporary emergency access. He thinks it was planned to be a fully functional
right-of-way in the future, along with a storm retention pond. He is not an advocate of any city
streets dumping storm water onto private property. Kurt stated that there is a temporary storm
water pond, a temporary emergency access for fire apparatuses, no solid waste collection
easement, no water or sewer lines, and no storm water collection. In order to collect the storm
water off the street and into a storm water system, the city needs an easement going down
gradient to old Highway 10 west, where the storm system could be extended out of the citz limits
in the future. The only option would be to put in a lift station and pump it up to West 4 Street
and over to 8t' Avenue into the storm water drain, which was designed for storm water on 8`h
Avenue and not much for the future. There is not adequate flow in the Italian Drain Ditch and
downtown businesses would be flooded. In the future, Kurt foresees a storm water pipe going
down the road and sewer systems as the city grows to the west. West 4`h Street residents will be
forced to have the sewer going down 81h Avenue, which could be at capacity at that time.
Having a secondary sewer system through Solid Foundations and down to the main highway
would be a benefit to the city. Kurt distributed copies of the plats, which showed no
hammerhead and showed an emergency road surveyed in at the current location. That creates a
problem to turn a solid waste truck around without going on someone's property and it forces the
garbage truck to back up two city blocks. As the supervisor for the garbage truck drivers, Kurt
stated that it would be disheartening for a citizen of Laurel or a child to get run over by one of
these large trucks. The trucks have blind spots, weigh 60,000 pounds, and are not forgiving.
The worst case scenario would be to have a city vehicle kill a child. Montana Code Annotated
states that it is not against the law to back up, but it has to be done with reasonable safety. If an
incident occurred, the fault would depend on the circumstances, but Kurt thinks it would be the
city's fault for allowing the community to have a subdivision that forces the garbage truck
drivers to back up two blocks. He does not want city equipment to ever strike anything. Without
a right-of-way, turnaround or hammerhead, safety considerations would essentially force twenty-
three residents to walk their trash to West 4'h Street for garbage collection or haul it themselves.
Kurt expressed his professional opinion that the city should consider purchase of this property
from Yellowstone Bank for the stated reasons. It is in the best interests of the city to acquire
land, as there are options for the city in the future to have the right-of-way for water, sewer,
storm, solid waste, parkland, and even the possibility of selling some commercial lots.
Mayor Olson asked if there was any public input on the issue. There was none.
Mark stated that the life and safety of a child is priceless compared to the price of the land. The
council is here to make Laurel a safer town first and foremost and the residents of Solid
Foundations have a right to have their garbage picked up. Mark stated that a wise man from
Bozeman once stated that a city should buy property when it has the opportunity. Mark stated
that the research has been done and this is a no brainer.
3
Council Workshop Minutes of September 14,2010
Norm agreed with Mark and stated that government's first priority is the safety and welfare of
the citizens. It is a serious issue and the council is charged with watching over the citizens'
money. In the long run, he thinks it would save the city a lot of money and issues. He would
like to see this go forward for a vote.
Chuck Dickerson stated his agreement with Mark and Norm. He appreciated Kurt's professional
opinion of how this would benefit the city.
Chuck Rodgers asked regarding Lot 1 Block 3.
Kurt stated that there is a ditch right-of-way through there that is called the West End Ditch
Company.
Doug stated that he supports this and suggested that the council should consider selling some lots
for commercial development in order to recoup the costs.
There was discussion regarding the zoning of the lots and the possibility of selling the
commercial lots.
Kurt stated that, if the city purchased the road, his immediate plans would be to put in a gravel
base and use some existing millings to improve the road for use by fire trucks, garbage trucks,
and the residents. A stop sign would be installed to control the access on to Old Highway 10.
Mayor Olson thanked Kurt for his presentation. A resolution will be added to next week's
council agenda for the council's consideration. The price has been negotiated to $65,000, and
approximately $20,000 is available for a down payment, and Yellowstone Bank has offered a
3.75 percent loan for the remainder.
• Council Issues:
o Animal ordinance(Norm Stamper)
Norm Stamper stated that, after doing some research and talking with Chairman Poehls, he
would like to refer the issue to the Emergency Services Committee.
Doug stated that the issue would be on the agenda for September 270.
Mayor Olson asked if there was any audience participation. There was none.
o Guidelines for Hearing of Individuals and Delegations at meetings (Norm
Stamper)
Norm explained that he received the handout when he attended a school board meeting recently.
The handout is titled: "Guidelines for Hearing of Individuals and Delegations at Laurel Board of
Trustees Meetings". The Chairman of the Board of Trustees gave him permission to bring this to
the council. He stated that the public is attending council and committee meetings, and this
would provide a guideline of what the public can expect for their input and the council's
response. He suggested that the document could be modified to fit the council's needs.
4
Council Workshop Minutes of September 14,2010
There was discussion. Mayor Olson stated that there are statutes that govern how a meeting is
conducted. Certain statutes that pertain to school districts and how they do business might be
different than statutes on how local entities do business, so it would be appropriate for legal
counsel to review the issue. The item will be on the September 28d'council workshop agenda.
o Davis Ditch(Norm Stamper)
Norm stated that the council members received copies of the letter from Rick Olson with Bypass
Truck Repair & Welding regarding the Davis Ditch. Norm explained that the Park Board
discussed the issue and Mr. Olson had asked him to bring it to the council workshop. He read
from the September 2nd Park Board minutes: "Rick Olson owns and operates Bypass Truck
Repair, which is located behind Riverside Park and Sweetheart Bakery. A field and a four-foot
ditch called the Davis Ditch go back along there." Norm stated that this is a quote from Mr.
Olson: "When the water comes up, a six-inch culvert that goes up on Steve Lance's property has
been flooding the parks this last year and leaving about two to three feet of water standing there
at any given time. Rick tried to talk to the Davis Ditch Board. He contacted the DNRC to check
their water rights, and the DNRC found that Davis Ditch does not have water rights, so they had
to shut them down. Rick stated that this will be a problem again next year when the ditch comes
back on." Norm stated that Rick said they were pursuing the water rights, so he does expect the
ditch to still be used. He read from the minutes: "When this comes back on if the six-inch
culvert on Steve Lance's property is not fixed. He stated that Steve Lance showed them where
they could plug the culvert and they refused to do that or do anything about it. Rick sent a letter
to the Davis Ditch Board. The Davis Ditch Board responded that it was not his business
regarding Riverside Park." Norm stated that the Davis Ditch Board's response was attached to
the original letter received from Mr. Olson.
Norm read Kurt's comments from the Park Board minutes: "Kurt stated that flooded areas of
grass breed mosquitoes and there should not be water in the park because of the mosquitoes. The
mosquitoes are one of the biggest complaints about Riverside Park. There are drain fields down
there, and anytime the water table is raised, the drain fields are ineffective. It was suggested that
the Park Board send a letter to the Davis Ditch Board to inform them that flooding of the park
will take out their drain field. Norm will draft a letter to present for discussion and approval at
the next Park Board meeting. He will also have the city attorney review the draft letter."
Norm is working on the letter, which will go to the Park Board, legal counsel, and to the council
for approval before it is sent out.
Kurt stated that he gave the issue more thought after the Park Board meeting. He explained that
the flooding in Riverside Park is due to the high river flows. The elevation of the river is higher
than the park, so groundwater comes up from the river in the same area that Mr. Olson identified
as having two to three feet of water. When the Park Board visited Riverside Park, there were
flooded areas down there. The city has never seen or heard a complaint about the Davis Ditch
flooding city land, and Kurt has never seen it happen. The water that he is attributing to the
Davis Ditch could actually be coming out of the ground. Kurt brought that to the Mayor's
attention today as a clarification that the water in the park from the groundwater is due to the
high elevation of the river.
5
Council Workshop Minutes of September 14,2010
Norm stated that Mr. Olson is looking for some help here and flooding of the park does bring the
city's attention to it. With the information Kurt presented, he thinks more research might be
needed before contacting the Davis Ditch.
Kurt apologized for not thinking of that during the Park Board meeting, but he thought it was
important to realize that the seasonal flooding could be due to the Yellowstone River. Kurt
stated that the mosquito problems are also due to the high groundwater level. Campers often
report broken water lines in the park, but the water lines are not broken and the issue is the
elevation of the river. The river is higher than the park, which is why there is a levy from the
bridge and going past the boat ramp. Riverside Park is in the 100-year floodplain, and the levy
protects the park from flooding. There will be high flows from the river and there will be some
flooding in the park.
Mark stated the need for discussion regarding the south bank of the river that is about 25 percent
gone. He thinks the city needs to work harder on this issue, as Kurt has been doing most of the
work and cannot do it all by himself.
Kurt offered to present a report at the next council workshop, if the mayor and council wanted it.
Mayor Olson stated that the issue would be added to the September 28 h council workshop
agenda.
Norm stated that he would inform the Park Board regarding the additional information, delay
sending a letter to the Davis Ditch Board, and take no action at this time.
o Motion sequences
Mayor Olson gave a brief history of the motion sequences, a couple instances when a council
member did not agree with the motion he/she made, the opportunity to ask another council
member to present the motion, and a possible way to bring items forward for discussion. One
recent issue was whether or not a council member has an obligation to vote for a motion if they
made the motion to approve the item. At one of the Mayor's Conferences he attended, Mayor
Olson heard Ann Macfarlane, of Jurassic Parliament, speak. Ann is a professional registered
parliamentarian and is a very dynamic person that was able to command and receive the attention
of fifty mayors with her parliamentarian attitude and voice. She offered the website as a
resource, so Mayor Olson e-mailed her with the question. Her response was that "in debate, the
maker of a motion, while he can vote against it, is not allowed to speak against his own motion."
Mayor Olson also asked legal counsel for an opinion. According to legal counsel's
interpretation, the council has the opportunity to make a motion to discuss the issue. After
discussion, there could be another motion for approval.
Doug asked if a council member could make a motion to disapprove a resolution or ordinance
and if the council member could speak after making the motion. There was discussion. Brooke
stated that she would look into it.
Kate stated that the council members are not obligated to make a motion just because their name
is beside it. The sequence is prepared to ease the process. If a council member wants to speak
6
Council Workshop Minutes of September 14,2010
against an issue, they can always switch with someone. She stated that the council is aware of
the issue and it should not be a problem in the future.
Norm agreed with Kate and stated that the process could get really cumbersome. He stated that
there is time before a meeting to discuss changes with another council member. He is interested
in the answers to the questions previously stated.
Mark stated that the council secretary prepares the sequence in order for the council to carry on
business, and it is up to the council to do what it needs to do.
Mayor Olson explained the random process used by the council secretary. He stated that the
chairman of the Budget/Finance Committee usually presents the motion to approve the consent
agenda, as they are cognizant of the figures that were just reviewed at the Budget/Committee
meeting just prior to the council meeting.
Mayor Olson stated that the council has a tool in their pocket. If someone does not want to make
a motion to approve an issue and/or find somebody else to do so, they could make a motion for
discussion. After the council discussion, someone could make a motion regarding the issue.
Other items
Shirley Ewan asked the council to bring their budget books in for the final updates.
Review of draft council agenda for September 21, 2010
• Public Hearing: Additional water rate increase public hearing
Mayor Olson explained that, after consultation with legal counsel, a decision was made to have
an impartial judge preside over the public hearing. An individual has agreed to preside over the
hearing, and a contract will be signed soon. The individual will receive all the documents and
review the issue prior to the council meeting and then preside over the public hearing, and this
will be an investment of$200 and $250 per hour. The public hearing is for new information for
the council's consideration.
• Ordinance No. 010-03: An ordinance amending two sections of the LMC titled "Bonfire
prohibited" and "Smoking in hotel beds prohibited" located at Chapter 8 of the LMC.
(First reading 08/17/2010;PH 09/07/2010;Second reading 09/21/2010)
Mayor Olson stated that the second reading is on next Tuesday's council agenda.
Mayor Olson asked for audience participation.
Susan Huntoon, 501 Cottonwood, stated: "I don't know if it's my place but I don't feel like we
have had enough time and haven't gotten enough guidelines together to do this. I would just like
more time with it. I'm understanding this gets voted on the next one. So that's what I'd like to
say."
Norm stated that the fire chief gave some good information at last week's council workshop, and
his questions were answered at that time. There is still a question on the 25-foot distance, and
the public has expressed some concern to him.
7
Council Workshop Minutes of September 14,2010
Mayor Olson stated that the fire chief has stated that, if the city decides to go outside of state
statute, it would accept some of the liability inherited in the condition if it should become a
flammable incident.
Norm stated that he is for the ordinance and thinks what the fire marshal and fire chief are trying
to do is a good thing
Mayor Olson stated that a knowledgeable representative from the fire department will attend the
next meeting.
The resolution for the land purchase from Yellowstone Bank will be added to the September 21St
council agenda.
No letters of interest have been received for the Ward 4 vacant council position.
Attendance at the September 21, 2010 council meeting
All council members present will attend.
Announcements
Chuck Rodgers mentioned that all but one of the benches have been set in the gathering area of
the veterans' cemetery.
The council workshop adjourned at 7:40 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.
8