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HomeMy WebLinkAboutCouncil Workshop Minutes 09.28.2010 MINUTES COUNCIL WORKSHOP SEPTEMBER 28, 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 September 28, 2010. COUNCIL MEMBERS PRESENT: _x_ Emelie Eaton _x_ Doug Poehls _x_ Kate Hart _x_ Mark Mace _x Chuck Rodgers _x_ Chuck Dickerson Vacant _x Norm Stamper OTHERS PRESENT: Christina Kracher James Caniglia Bill Sheridan Rick Musson Kurt Markegard Brent Peters Shirley Ewan 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: • Appointments: o Park Board — Hazel Storck to fill a term ending December 31, 2010 Mayor Olson stated that the appointment will be on the October 5 council agenda. o Laurel Fire Department: Ali Guenthner, Don Ebright, Cole Perrigo, Zack Winchell Chief Peters introduced Don Ebright and Cole Perrigo. The appointments will be on the October 5 council agenda. CHS Refinery: • Request for abandonment of sewer line and replacement of sewer line Kurt Markegard explained that CHS requested abandonment of a sewer line and the relocation of that sewer line out of the fenced area inside the CHS grounds. About a year ago, CHS informed the council that they planned to build new buildings to the west of the plant and would need water and sewer connections. The new sewer connection and the city's concerns about installing a manhole at the connection so the sanitary sewer line could be inspected have been reviewed. CHS has discussed this with the Public Works Department. Brandon Gauthier, PSM Coordinator at CHS, attended the meeting to ask the city council to abandon a portion of the sewer line that runs through the CHS property and move it closer towards the interstate. Kurt introduced Brandon Gauthier from CHS Refinery to present the proposal to the city council. Council Workshop Minutes of September 28, 2010 Brandon Gauthier distributed copies of the Preliminary Design and the CHS Refinery Sewer Re- Routing map prepared by Sanderson - Stewart. CHS saw an opportunity to replace a line that ran through the plant between two tanks that CHS and the city were not comfortable with. CHS retained Sanderson - Stewart to do the engineering for the line replacement project. COP Construction is currently on site doing utility work related to the new buildings, so CHS asked COP to prepare the drawings, which have been approved by DEQ. The 60 -70 year old clay line will be replaced with good PVC pipe and CHS would be responsible for all of the costs. There would be a one -year warranty as part of the contract with COP. Brandon stated that right -of -way concerns between the city and the refinery are the last issue to be resolved. Refinery manager Pat Kimmet has given a verbal agreement that CHS will do what is necessary to make sure the easement concerns are addressed. This is a win -win situation, as the old sewer line will be replaced with a new PVC line. There was discussion regarding the manholes, access to the proposed manholes with the city's jet rodder, the length of the hose on the jet rodder, the existing manhole that was located underneath the gravel close to a CHS security gate, issues with cleaning the current line, design of the new line by Sanderson - Stewart, and DEQ's conditional approval of the main line replacement. Mayor Olson stated that the issue will be discussed further at the council workshop on October 12 and go forward for council consideration on October 19 City Planner: • Laurel Urban Renewal Agency o Technical Assistance Grant James Caniglia stated that LURA has worked on the Technical Assistance Grant and the Facade Improvement Grant for some time. The Technical Assistance Program will help building owners determine what needs to be done to their buildings, or if someone wants to buy a building, the code issues would be known, as well as the best uses for the building, any preliminary developments, assessments, studies, opinions on renovation versus restoration, cost analysis, code, and landscaping. It would help business owners to best assess how to use their property properly. The program would run for one year starting July 1, 2010 and could then be renewed. James does not expect much involvement in the near term, except for one exception. A statement regarding providing information to the Laurel Planning Department needs to be added to page three of the draft document. On page one, the following sentence needs to be tweaked or deleted: "Should a project receive a cumulative total of $10,000 or more from any combination of LURA grant programs, the grant(s) that put the project over this threshold must be submitted to the City Council for additional approval." As a council member in Billings, the LURA chairperson felt the council did not want to review every small TIFD project. The $10,000 is wrong because the city's procurement policy requires anything over $5,000 to go before council. If the council chooses to allow this, the figure would have to be changed to $5,000. James stated that there is also a problem with the TIFD language that all funds must be approved by council, and there would need to be a resolution authorizing LURA to spend money under $5,000 for the Facade Improvement or the Technical Assistance Programs. If the council wants to review and approve projects, it would not be a problem. James hopes to use the Technical Assistance Program for the Hurzler Hotel project. CDBG grant money is available and applications are due November 12 He received information about this grant last Tuesday. A Preliminary Architectural Report on the building, which is required as part of the 2 Council Workshop Minutes of September 28, 2010 grant, would cost about $3,000 to $5,000. So if the council moves ahead with this grant, money would be needed to assist in this architectural review, which would be fundable under this program. The city could be eligible for CDBG funds to renovate that building or the architectural report might determine that the building is not salvageable and should be torn down. James stated that this puts the city in a time crunch because he would like to apply for the CDBG money. He stated that an architect who already looked at that building thinks he could get the report done by November 12 but he would need to get started soon. Doug stated that it would be beneficial for the council if the same parameters are followed by changing the $10,000 figure to $5,000. Mayor Olson stated that two different issues have to be addressed. One issue is the $5,000 and the other issue is that LURA should present all projects to the council There was further discussion regarding the two issues. James clarified that the Technical Assistance Program only grants a maximum of $4,000, but the document states that: "Should a project receive a cumulative total of $10,000 or more from any combination of LURA grant programs, the grant(s) that put the project over this threshold must be submitted to the City Council for additional approval." If someone got a $4,000 Technical Assistance Grant to help develop a building and then later applied for a Facade Improvement Grant, if it was more than $1,000, the whole project would be over $4,000. The language reads that it is a combination of grant programs over $10,000. Doug suggested changing the $10,000 to $5,000 and having a resolution prepared to change the terminology for the council to establish that permission for LURA. Mayor Olson asked if the council wanted verbiage regarding notification of grants awarded at the next scheduled council meeting. There was discussion. The council would like an account of how the funds are used, and James will provide periodic reports. James explained that a non -profit housing agency would have to be involved with the Hurzler Hotel project. Beartooth RC &D has agreed to assist with managing any renovation and managing the property. The property owner wants to get rid of it. James stated that everything is working together well right now to potentially get something to happen there. o Facade Improvement Grant James stated that the Facade Improvement Grant would run with the city's fiscal year with the option of extension by LURA and the City Council. The grant is fairly straightforward. On page 2, there is an emphasis on architectural significance, as well as descriptions of the amount of monies available. The money depends on the length of the building. Buildings under 30 -feet would get up to a $2,000 grant. Buildings longer than 55 feet in length could get up to a $6,000 grant, with a one - to-one match. Historic properties and taller buildings could get a little more. It is a 50/50 percent grant. There are different things involved, such as water cleaning, prepping and painting, window repairs, door replacement, foyers, exterior lighting, facade restoration /rehabilitation, architectural/design fees, landscape/hardscape improvements, building permits, and other facade improvements as deemed 3 Council Workshop Minutes of September 28, 2010 eligible by the LURA Facade Improvement Grant Committee. A couple of business owners seem interested in this, and James hopes to sell this to some of the business owners that have metal over their facades. It would be inexpensive to take it down and then help them pay for half the cost of a new sign. Some of the buildings have nice brick work that is covered by metal and they could look a lot better. Mayor Olson allowed extra time for the council to review the documents and ask questions. Mayor Olson asked if regarding the maximum dollar amount for a grant and if council action was required before any grants would be approved. James explained the dollar amounts: a building with less than 30 feet of frontage could receive up to $2,000 on a one - to-one match; buildings greater than 55 feet could receive up to $6,000; taller buildings could receive a little more since there is more facade to improve. It is all a one - to-one match, and any costs above the grant would be paid by the property owner. As far as the city council, the Technical Assistance Grant will specify that multiple grants over $5,000 must have council approval. The same language needs to be added to this document. Emelie asked if there is a potential for a grant of $9,000 if the building is greater than 55 foot frontage, has two stories or higher, and is a qualifying historic property. James stated that was possible. The Hurzler would qualify, as it is a historic property. A CDBG Grant would not cover everything needed. The building has asbestos and needs facade work, which would probably cost $9,000 for facade improvements. James does not think very many buildings would qualify for $9,000. Doug stated that the resolution would give LURA the necessary authority. He stated that the any combination of grants that exceeds $5,000 should require council approval. Mayor Olson stated that the language would be incorporated into the documents for the council's consideration. o LURA Work Plan James stated that the Laurel Urban Renewal Agency is required to pass an annual work plan that outlines the goals of LURA. Beartooth RC &D and Big Sky EDA assisted with preparation of this initial work plan. After this year, slight modifications will be needed annually. The work plan gives an introduction and background, a process for strategy development and revision, funding priority areas, which includes infrastructure improvements, urban design recommendations, technical assistance, facade improvements, revolving loan fund, and other projects. Everyone likes the Streetscape Project Study that was previously done and hopes that the streetscape improvements can be started someday. James stated that a record will be kept of each funding application received, and he can report on those as often as the council chooses. Chuck Dickerson stated that a lot of thought, research, consideration and planning went into these three documents, and he commended James and whoever else assisted in putting them together. 4 Council Workshop Minutes of September 28, 2010 James stated that Shirley McDermott has been an amazing chairperson. She is very familiar with TIFD laws and has put in a lot of effort in this. Steve Zeier at Big Sky EDA has been a huge help, and Beartooth RC &D also helped. He stated that a lot of people put effort into these projects. Mayor Olson asked for any comments on the LURA programs or the actions going forward. There were none. • Update on Bus Transit Program James stated that the city is providing the dispatching for the demand/response service for residents for the 10:00 to 2:00 service within the City of Laurel. Cheryll Lund has been handling that and it has been successful so far. During the first couple weeks, ten people started using the system right away and people have been happy about the service. The van pool program has not started yet. James has contacted people and has worked with Greg Kreuger from the Downtown Billings Association. Flyers will be posted at some downtown Billings' businesses to get Laurel residents to use the service. James has contacted some large downtown businesses regarding paying for part of the cost if their employees want to ride the van or they could reimburse their employees to use the van pool program. James hopes the vanpool service will start in the next two weeks. The City of Red Lodge attended the Transit Advisory Committee Meetings and showed interest in getting a service to Red Lodge, but they did not want to provide any funding and are no longer interested. James will try to get a service to the ski resort during the ski season, at an estimated cost $6.00 to $8.00 per rider. The city would be reimbursed for gasoline. • Resolution — Agreement with Blair Unlimited, Inc. for signage on buses James stated that the contract with Blair Unlimited is for bus advertising on the buses and the benches. This is their standard contract. The city would receive 25 percent of revenues from the bus advertising and 10 percent from the advertising on the benches. The 10 percent from benches would be negotiable after a couple years, as they indicated that it takes two years to get their money back on their investment. Chuck Dickerson stated that he thinks only local businesses should be advertised on the buses and benches. James stated that Blair Unlimited has already talked to a few Laurel businesses about advertising and they have shown interest. There was discussion regarding promoting Laurel, having competitive advertising outside the Laurel city limits used against local businesses, changing the contract to advertising Laurel businesses exclusively, amending the draft document at the council meeting, and the need to discuss and negotiate the issue with the contractor. Since the issue is not time sensitive, the resolution and contract will be on the October 12 council workshop agenda for further discussion. There was discussion regarding suggesting and making changes to the draft documents presented to the council at workshops and the fact that the council cannot make decisions at council workshops. Contracts with outside entities should not be changed without further discussion with the contractor. With internal issues, such as the LURA documents, the council can make recommendations and set the requirements. Mayor Olson cautioned the council regarding draft documents and making decisions at council workshops. 5 Council Workshop Minutes of September 28, 2010 Clerk/Treasurer: • Bond Resolution for SID No. 112 Shirley Ewan stated that the resolution for SID No. 112 was received from Dorsey & Whitney today. Some blanks in the resolution will be filled in prior to the council meeting. If the council approves the resolution, the city can put the $37,189 on the tax rolls as assessments. If the council does not approve the resolution on October 5 the city would have to wait one more year to put the assessments on the tax rolls, as this year's assessments are due to the County by October 8 Since the State did most of the work, they will have to provide some information for the resolution. The city will borrow the money from Intercap rather than sell bonds, due to the small size of the SID. Intercap has a variable rate, so the assessment would be recalculated every year to provide enough money to make the bond payment. The interest rate is at 1.9 percent right now and Intercap very seldom goes over 4 percent, so the change would be minimal every year. Mayor Olson explained that SID No. 112 is for the sidewalks for MDT's West Main Project from 3rd to 8 Avenue. Riverside is the contractor for SID No. 112 and MDT is the administrator. The city's only involvement is the agreement for CTEP funds for the flatwork and concrete work. The $37,189 represents the 13.7 percent rate that the city must pay and CTEP pays the rest of the cost. It's quite an advantage to our citizens to exercise this. Shirley stated that property owners are usually given thirty days to pay the SID assessment up front. Since the timeframe is close, the first year's assessment will go on the taxes and they will be billed for the balance in case they choose to pay it off. Mayor Olson stated that the time crunch is not the city's issue, since this was a State project. Public Works Department: • Resolution — Engagement Letter with Dorsey & Whitney • Resolution — Intent to create SID for SE 4 Street Kurt stated that the resolutions for the Engagement Letter and the creation of the SID for the leveling and overlay on SE 4 Street are not ready. Dorsey & Whitney wants some terminology changed regarding assessments for street adjoining lots and lots that do not adjoin the street. The project will go forward next spring and city staff hopes to have property owners complete all water, sewer, and storm connections this fall. • Resolution — Award bid for water line project Kurt explained that the water line project is on 3 Avenue between West 7 Street and West 9 Street and on West 7 Street from 3 Avenue to 5 Avenue. The 3 to 5 Avenue waterline on West 7th has been shut off for approximately two years due to failing pipes. The lateral was not used for any services. The city would like the line back on in order to have fire flow and circulation of the water. On 3r Avenue, the line blows every time a valve is opened, and it is just a matter of days before the old cast iron gives way and there is another water break. The Laurel Care Center is currently on temporary bypass water from a fire hydrant. Kurt stated the need to get this line fixed once and for all. The pre -bid walkthrough with potential contractors was done last Thursday. Kurt asked Jackie Kuhl, Great West Engineering, to give information regarding available funding for this project. 6 Council Workshop Minutes of September 28, 2010 Jackie explained that, for 2010, the State Revolving Fund has developed a system where they can offer 50 percent forgiveness on loans up to $500,000. The approximate cost of the project is $386,000. SRF has said that, because of the water conservation and because of the financial hardship that Laurel has qualified before with the wastewater project, this was a prime candidate for the 50 percent forgiveness. Rather than funding the project out of the city reserves, the city is applying for the 50 percent forgiveness monies. Great West received the information from SRF last week, and the category exclusion should have been published in the Billings Times last week and the Laurel Outlook this week. SRF should provide a decision regarding the 50 percent forgiveness monies once they receive the affidavit of publication of the category exclusion. Kurt stated that the city will not have to spend the $180,000 out of city coffers or with a loan. This project qualifies because it is green and because of all the water breaks. Kurt recommended that the four -inch cast iron line be replaced and new fire hydrants and new valves installed in order to get the fire flow and an adequate water supply back to the care center and the adjoining homes. The bid opening is scheduled on Friday, October 1s` and the contract allows thirty -five days for completion of the project after the Notice to Proceed is signed. The rest of the funding for the project will be an SRF loan at 3.75 percent. The project was budgeted out of city water reserves, but the loan program and the $180,000 forgiveness was determined to be the best option. The resolution and documents will be distributed as soon as possible after the bid opening on Friday. Emelie Eaton stated that, once again Great West proves its worth by having found $180,000 that the city did not otherwise have. • Report regarding bank erosion in Riverside Park Kurt presented history and background information regarding bank erosion in Riverside Park. There was an article in the Billings Gazette yesterday and there will be an article in the Laurel Outlook tomorrow. Kurt explained that, in 2008, the City experienced high muddy river flows that washed away the water intake lids that had to be replaced. Also compiled with this event, the city was not keeping up with the water demand on the water system due to the filter capacity at the water treatment plant and the muddy flows from the Yellowstone River. The city met the two challenges of the water intake lids being washed away and also refurbished the water filtration system since then. In 2009, the Williston -Basin natural gas line that was trenched into the river bed ruptured, releasing 400 psi natural gas into the river and surrounding area. The fire department responded and the situation was alleviated by shutting off the flow of gas. Williston -Basin then removed that pipeline and rebored a new line underneath Riverside Park and the river bed to the north. Also in spring 2009, high flows caused the boat ramp to experience erosion where it was undercutting the concrete structure and was cracking and falling away. After the high flows, Kurt noticed that it was eroding and settling. He informed Fish Wildlife and Parks at that time, and they requested that the city install concrete barricades to half of that ramp to alleviate the issue. The city installed the concrete jersey barriers and painted them orange so people would not hit them. One was placed down towards the flow of the river and one was placed at the top so people were aware not to back their trailers in that area. Fish and Game's administrative assistant from Helena, Tom Riley, came down to review that with local personnel at the Billings' Fish and Game Office. In 2010, the Yellowstone started undercutting the bank along Riverside Park and led to substantial bank erosion. The power line crossing the river had to have a new pole set, as the existing pole was about to succumb to the river. After the spring runoff of the Yellowstone, the boat ramp has suffered significant damage, and a portion of the concrete boat 7 Council Workshop Minutes of September 28, 2010 ramp structure is actually missing. In 2010, Great West Engineering worked on the erosion issues at the old landfill. It would cost $1.2 million for a feasibility study for that. During those discussions with Great West Engineering, they mentioned an Army Corp of Engineers program that can help public facilities deal with erosion. At that time, the city and Great West discussed the erosion problem in Riverside Park. Since Gwyn Jarrett, with the Army Corps of Engineers, was scheduled to look at the erosion at the old landfill, Kurt asked her to look at the Yellowstone River bank on the south side of Riverside Park. Representatives from the Army Corps of Engineers came to Laurel on August 6 They took pictures, talked to staff f toured both sites, and then Ms. Jarrett asked who built the levy. That question stuck in Kurt's mind after the representatives left. Kurt stated that they were standing on a property pin and the erosion is happening on the other side of the property pin that James had just had surveyed to identify the city property. Those discussions led Kurt to research who built the levy, and he had a theory that the reason the levy was there was to protect infrastructure. The railroad bridge was the infrastructure that was there prior to anything else. Kurt searched for records at the BLM office and pulled up the old maps on how the railroad was created, how it was before it was Crow Indian Reservation, and when it was purchased from the Crow Nation and became homesteaded and was surveyed by the federal government. At that time, Riverside Park was identified as parcels, which were given to people to create a home or whatever they chose to do. Looking at the maps, Kurt assumes they could do that because it was in the 100 -year floodplain. Kurt questioned why the subdividing or surveying of the land into parcels would have been allowed if that levy was not there. If it was going to flood, that would not be done, according to his theory. To research how the city acquired the land, he went through the city records and found the deeds where the Works Progress Administration leased the property from the city and then built the buildings under agreement with the city that the city would retain the buildings once the three -year lease from 1935 was up. The city has since had an agreement with Fish and Game to install a boat ramp. The city has also had easements with Williston -Basin Pipeline, Conoco - Phillips, and Exxon Mobil, the three pipelines in the bank going through the park. Kurt stated the need to protect the city's infrastructure in Riverside Park, as well as the boat ramp and the petroleum lines that carry crude oil and gas from Wyoming into the local economy. CHS also has a vested interest in the boat ramp because it is part of their spill response. All of the entities attended the meeting on August 6 to discuss this issue. Kurt stated that the question is how to fund the erosion problem, as the city does not have the money to do $1.2 million worth of work. James distributed information from the Army Corps of Engineers and stated that $1.2 million was the estimated cost for a good levee for the old city dump. The old dump was about 900 feet long and Riverside Park is about 2,500 feet. So a levee of that magnitude would probably be a $3.6 to $4 million project. The levee for $1.2 million would be vastly superior to what has ever been at Riverside Park. With the US Army Corps of Engineers, the funding helps non -profit facilities offering public services, which the buildings at Riverside Park would fall under. The Army Corps of Engineers would like to receive a letter of assistance. The first requirement would be a feasibility study to review whether it makes sense to put in a levee and whether or not they will do it. After that, they would move on to design and implementation. The city would be required to pay a minimum of 35 percent of the total cost of the project; however, 20 percent of that can be in kind services and the city would only need a 5 percent hard match. The feasibility study could cost over $100,000. The city could potentially get funding for that now and could possibly get help from the natural gas producers and oil refineries that have infrastructure to protect in that area. One of the maps clearly shows that where there is no levee, the river has expanded dramatically to the south. James thinks it is only a matter of time before that becomes water permanently or semi - permanently and help and support are needed from the Corps of Engineers. 8 Council Workshop Minutes of September 28, 2010 Kurt stated that, since the article was published yesterday, he has been contacted by Fish Wildlife and Parks out of Helena and the local office in Billings. They are willing to look at the boat ramp, as well as the erosion in the park. Kurt stated that the city has a document that stipulates that Fish Wildlife and Parks is responsible for reconstruction of the boat ramp. Whether or not they reconstruct it with the erosion concerns is up to them. Without the implementation of a protective erosion stabilization program, Kurt does not think Fish and Game would spend money on a new boat ramp. They are willing to help spearhead this to get the erosion solved. Kurt stated that the river could change and go the other direction, which is one of the things that the City of Laurel will deal with for hundreds of years in the future. The Park Board and the Public Works Committee have been made aware of the erosion issues. The city is working with the Army Corps of Engineers to find documentation of who built the levee. Kurt contends that the Federal government built the levee. He has a newspaper article from 1935 that stipulates that the Works Progress Administration was going to spend $100,000 on the park and stream bank stabilization. Now 75 years later, the city is facing a similar problem of erosion at the stream bank on the south bank and how to mitigate it. Chuck Rodgers asked if Kurt had reviewed the elevations of the land. Kurt stated that every year Riverside Park has water permeating through the soils and it runs towards the volleyball pits and out the back way. The river elevation is at or exceeds the elevation of Riverside Park. That is why Kurt contends that the levee was there to protect the back end when the railroad structure was there. When restricting flow of a free - flowing river to a certain point in order to direct that water, the stream bank has to be protected. Upstream the bank has riprap all the way around the corner and the train tracks headed south towards Rockvale. Water hydrology stipulates that by restricting it, the velocity is increased, which makes it susceptible to erosion. That is happening at Riverside Park and downstream at the old landfill. The water treatment plant has had water issues, and the city had to sandbag the doors. The Laurel History book contains pictures dating back to 1910 where the water was up to the trestles of the railroad bridge. At that time, Riverside Park was probably new to Laurel. Since Laurel was only two years old as a municipality, it may have not been reported. In 1910, there were photos of an old wagon bridge that had fallen into the river. The trestle bridge was a wood structure and was rebuilt. The trestle bridge was taken out in 1935 by an oil tanker truck that hit the main stem of the bridge and collapsed it into the river. Kurt stated that there is a lot of history in the park, as well as some historical documentation where Chief Joseph crossed in that area. There are also documents of the Montana Transient Camp that was built there, as well as the POW issues. Kurt wants to see the park preserved and to make sure there is not a release of petroleum products or natural gas into the river. The corporations are interested in making sure they do not have to do what Williston -Basin did and rebore underneath that. Perhaps the city and the corporations can work together to pay the costs, if the Federal government will not redo that as part of allowing the railroad structure to go in. The railroad was the Rocky Fork Railroad Company, which was developed by a territorial governor before Montana became a state. An Act of Congress created that railroad in 1889, and in 1890 it was sold to Northern Pacific Railroad for quite a large sum. The railroad actually opened up the west to the Northern Pacific line to take the coal out of Bear Creek to the Billings area for the steam locomotives. Chuck Rodgers spoke again regarding the elevation. He stated that, if that levee failed, it would affect Riverside Park and the housing development to the east because that is the natural flow of the river bank from years ago. The dike was added onto years ago on the top because it had an overflow. 9 Council Workshop Minutes of September 28, 2010 Mark commented that Kurt had spent a lot of personal time researching this issue. Norm asked regarding the historical significance of the park buildings and if Federal funds were available due to the historical significance of the parkland. James stated that the report from the Corps of Engineers recommended that the buildings could be on the National Register and initially indicated that the park would be a higher priority if they were on the Register. When James brought it up at a later time, they did not think that was so. It would cost about $10,000 to get those buildings listed on the Historic Register. Kate asked regarding a timeline or deadline from the Army Corps of Engineers program. Kurt explained that submitting an application does not mean the Corps of Engineers would do the $100,000 assessment, but it could be the beginning. Kurt expressed concern about the city being obligated to the 35 percent. If the project goes over $1.5 million, the city could bear the entire cost. Getting funding and commitments from other entities would be in everybody's best interest. The next step is to work with Fish and Game, Exxon Mobil, Conoco- Phillips, Williston -Basin, the railroad, Montana Department of Transportation, and all entities that have infrastructure that needs upstream and downstream protection for facilities. More information will be presented to the council as it is available. • Security fencing and closing access past the Water Treatment Plant Kurt stated that the city has looked at how to secure the facilities that are critical infrastructure to the community of Laurel affecting the water supplies. Since 9 -11, security of critical infrastructure has been a high priority of the EPA and Homeland Security. The water treatment plant needs security improvements. The city has put funds in the Capital Improvements Plan for this project. From the $800,000 loan received last year, about $180,000 is still available and could be used for security fencing and water line replacement across the bridge. Great West Engineering has been asked to provide a change order with the current contractor for the improvements. SRF has agreed that the loan monies can be extended to those projects because they are inherent to the water treatment plant. Funds were budgeted this year to secure the perimeter of the water treatment plant. The fencing would go along the river, the back side of the sedimentation basins and around the clearwell building and would include a couple of electronic gates to stop unauthorized access around the water treatment plant. Mayor Olson stated that stream access law will be reviewed, and further information will be presented in the future. • Resolution — Rain Proof Roofing Kurt stated that water has been leaking inside the buildings at the water and wastewater treatment plants for the last three years. The rubber -lined roof has gravel over the top, and the rubber has pulled back since the original construction and is leaking and damaging some of the tiles. After the budget was passed, Kurt had Tim Reiter request quotes. Several roofers were contacted, but only one submitted a quote. The agreement with Rain Proof Roofing includes a five -year leak proof warranty on the repairs. That would buy another five years before the roof needs a major overhaul. Since the total package of both projects exceeds $5,000, Kurt asked the council to consider the agreement. 10 Council Workshop Minutes of September 28, 2010 The solar panels were installed last week on the garage structure where the pumps are housed for the intake and the backup generator. Kurt spoke regarding the infiltration coming down the inside of the block walls in the water plant. Executive Review: • Report on DUI School Chief Musson reported on his opportunity to attend DUI Court School training in Athens, Georgia, last week. The 31/2 days of training had top notch teachers and faculty. Five entities were there, including one from Lake County, Montana, two counties from Georgia, one county from Tennessee, and the Laurel team. Chief Musson stated that the local team has melded together and learned much about a DUI Court. From his point of view, DUI Court is post - conviction court. People volunteer to start the program after their sentences have been completed. A DUI Court has intense counseling. The team observed a court setting with a DUI Court team, the judge, prosecutor, and defense attorney, police officer, probation officer and chemical dependency people. Athens is one of the teaching schools where the judge is top notch. Chief Musson stated that DUI Court requires funding, and some people say DUI Court is grant driven. The goal would be to get grants to get it started and to get corporate sponsors to keep it going. Chief Musson stated that he would assist as needed to get the DUI Court in Laurel because it will help with the drunk driving problem. Mayor Olson stated that this program is being explored by the Laurel Court system. The expenses for DUI Court School were paid through a grant received. More information will be coming forward on the advantages and consequences of the DUI Court. He encouraged anyone with a question to contact Chief Musson or Judge Kerr. • Council vacancy Mayor Olson stated that Lisa Scribner has submitted a letter of interest for the council position, and that will be presented for the council's consideration at next Tuesday's meeting. Doug asked if there was any other interest in the seat. Mayor Olson stated that another letter of interest was received tonight. The deadline was posted for September 17 and this letter came forward on the 28` The vacancy should be filled thirty days after the vacancy, which would be September 30 Mayor Olson stated that there would be no statutory condition imposed as long as the council continues to try to find a candidate for the vacancy. • Safety Officer Mayor Olson stated that the adoption of the budget provided a funding mechanism for a safety officer. He has appointed Chris Rosenberg to take the safety responsibilities in the City of Laurel. The position would include the safety considerations and a continuation of his current code enforcement responsibilities. In the future, the city might need to prepare one job description for both aspects of the position. • Council Issues: o Guidelines for Hearing of Individuals and Delegations at Meetings (Norm Stamper) There was discussion regarding the guidelines, the council's current process for public input and participation, and the public's concern that the council does not respond during public hearings. Mayor Olson asked the council to provide written suggestions for verbiage to explain to the public 11 Council Workshop Minutes of September 28, 2010 that the council just receives input during a public hearing. There will be further discussion at the October 12 council workshop. Other items Doug requested discussion regarding water rates at the council workshop on October 12 Mayor Olson spoke regarding the 2010 Resolutions of the Montana League of Cities and Towns, and a copy is attached to these minutes. He stated that he would briefly review the resolutions. He asked that the council consider a letter of support for the resolutions prior to the League of Cities and Towns Conference on October 6 to 8 The resolutions included: Resolution #1 — General Principles; Resolution #2 — Full Funding of the Entitlement Program; Resolution #3 — Tax Increment Financing; Resolution #4 — Alternative Assessment Methods for Special Districts; Resolution #5 — Public Defender Costs; Resolution #6 — Property Taxes; Resolution #7 — Police, Fire and Public Employee Retirement Systems; Resolution #8 — Medical Marijuana; Resolution #9 — Mandatory Use of Safety Belts; Resolution #10 — Confidential Criminal Justice Information; Resolution #11 — Septic System Mixing Zones and Wastewater Re -use; Resolution #12 — Municipal Water Rights; and Resolution #13 — Support for Programs Vital to Cities and Towns. Review of draft council agenda for October 5, 2010 A motion to support the League's 2010 Resolutions will be added to the council agenda. The resolution and documents for the water line project will be distributed on Friday. The resolution for Blair Unlimited will be removed from the agenda. The council vacancy will be added to the council agenda. Mayor Olson said that would include the opportunity if the council should decide to extend that to get more participants. Attendance at the October 5, 2010 council meeting Kate might not be able to attend. Announcements Chuck Dickerson asked that staff change the security light at Murray Park. Chuck Rodgers has attended a couple citizens' groups and heard concerns about city ordinances recently. One big concern is licensing. A sprinkler company has been putting flyers on doors to advertise blowing out sprinklers. Chuck contacted city hall and found out that the company is not licensed. He asked who does the enforcement for licensing. Chuck stated that another concern was parking in a diagonal parking area. Sections are crossed off for line of sight and people think that is their private parking area. He has watched this area for two weeks, one pickup is parked in the exact same spot and nobody has done anything about it. Chuck also mentioned the subject of line of sight at intersections. He knows that letters have been sent out but the codes are not being enforced. The public has told him that the city pays the staff a lot of money to enforce the ordinances, but nothing is being done. Mayor Olson stated that the same question has been posed to him before, and he explains that code enforcement is complaint driven. 12 Council Workshop Minutes of September 28, 2010 Chuck stated that the point is, if the city is not going to do anything about it, the city should get rid of the ordinance. Mayor Olson stated that the issues will be reviewed. Emelie Eaton stated that the committee appointed to maintain the area around the Gay Easton bridge memorial area has worked hard to clean up the area and get it ready for winter. Every year, it gets a little easier to clean up that area. Mayor Olson stated that the council asked for some funding for that area. The committee includes Emelie, Chuck Rodgers and Mayor Olson. He encouraged the committee to meet for discussion. Emelie stated that they do not need to meet, and the work has been done. Emelie asked regarding the legal counsel at tonight's meeting, as no introduction was made. Christina Kracher stated that she was filling in for Sam Painter as city attorney. She has been to the City of Laurel four or five times in the past year. Mayor Olson explained that the city is reviewing some space considerations for the ambulance. He has contacted an architectural firm to propose a feasibility study, and a contract might come forward soon. If the contract is below $5,000, Mayor Olson will sign the contract. The architect's charge is to find out the best use of the property located east of the FAP complex that is currently a parking lot. The information will be presented to the council as soon as it is available. The council workshop adjourned at 9:27 p.m. Respectfully submitted, d.-1/ 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. 13