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HomeMy WebLinkAboutCouncil Workshop Minutes 03.29.2011 MINUTES COUNCIL WORKSHOP MARCH 29, 2011 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 March 29, 2011. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x_ Doug Poehls _x_ Kate Hart _x_ Mark Mace _ Chuck Rodgers _x_ Chuck Dickerson _x Tom Nelson _x Norm Stamper OTHERS PRESENT: Sam Painter Heidi Jensen Kurt Markegard Rick Musson Jan Faught Brent Peters Tim Reiter Jean Kerr 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 Laurel Ambulance Service: Darci Waldo, Dave Miller Jan Faught introduced Darci Waldo and Dave Miller. Darci and Dave are nationally registered and licensed in the State of Montana. They are residents of Park City and will work on Park City's ambulance in the evenings and early morning hours and with the Laurel Ambulance Service during the day shifts. o Laurel Fire Department: Brandon Rogge, Henry Fox, Jason Molm Brent Peters introduced Brandon Rogge and Henry Fox. Brandon had eight years of experience with a fire department in Minnesota. Henry grew up with the fire department, as his dad, Doug Fox, is a sixteen -year veteran. Jason Molm will be introduced next week, as he is an ICU nurse at Billings Clinic and was working tonight. o Police Commission: Mike Kirschenmann to fill a term ending December 31, 2013 Chief Musson stated that Mike Kirschenmann served twenty years in the Laurel Police Reserves and was very active and will be a great asset to the Police Commission. o Health Insurance Committee: Kurt Markegard, Chuck Rodgers, Tom Nelson Council Workshop Minutes of March 29, 2011 Mayor Olson stated that the Health Insurance Committee has become a valued tool for both unions and management, and he thanked the committee members for their willingness to serve. The appointments will be on the April 5 "' council agenda. Clerk/Treasurer: • Resolution — Budget amendment for library and fire department Mayor Olson explained the resolution to increase appropriations for the library and fire departments. The library would use donations that were not included in the budget that was passed last year. For the fire department, some clothing that was purchased last year did not arrive until this year, so the auditors require documentation to carry the funding over as an appropriation in this year's budget. • Resolution — Budget amendment for FAP building addition Mayor Olson explained that the amendment includes funds department heads have donated for the addition at the FAP. These include $5,000 from City Parks, $30,000 from Ambulance Reserves, $10,000 from FAP Building Maintenance, $45,000 from CAO salary, and $5,000 from CAO health insurance. In the CIP Fund, it includes $8,000 from 2 Life Paks, $20,000 from the land purchase from Yellowstone Bank, and $8,000 from the library carpeting. The fire department will donate $30,000 from reserve cash in the CIP Fund. The new line item authorization amount in the CIP Fund will provide $161,000 budget authority. Public Works: • Resolution — Little League dugouts Kurt Markegard stated that Laurel Little League would like to build a new dugout. They would move them away from the outfield lines so people sitting in the bleachers can look down the line and see the plays happening on the field. Laurel Little League representatives met with city staff the Park Board and Gary Colley to discuss the requirements. CTA Architects drew up plans that meet wind and snow loads and building codes. Little League is seeking permission to build the new dugouts and then donate them to the city park system. Sam is preparing the lease agreement, which will include Little League's responsibility for the maintenance of the structures on the property. The dugout will not affect the outside perimeter of the fence, and will not take up any more space in the park. They want to remove the current chain link fence. They want to do brick forms on the inside of the concrete on the walls, so it actually will look like it is brick and not just a solid concrete wall. Mayor Olson pointed out the following statement in the resolution: `Be it further resolved that the City Council hereby waives the applicable building fees for the project and authorizes the Mayor to accept the donation of the constructed dugouts after they are completed and city staff has inspected and accepted them as complying with all applicable building codes, etc." He noted that the resolution waives the fee for the construction and the city will accept the dugouts after staff has properly inspected them. Mayor Olson stated that the city's building inspector was recently certified as a playground inspector. • Resolution — Great West Engineering, Amendment No. 4 to Task Order No. 16, Wastewater System Improvements Kurt stated that the resolution is for an amendment to Great West Engineering's contract with the city. He explained that one of the city's digesters was taken down for maintenance and the installation of a porthole. When the city tried to put the digester back online, the bacteria did not react well and created a sour condition where the treatment was severely limited in the digester. The city needed 2 Council Workshop Minutes of March 29, 2011 some technical assistance to deal with this, and Great West is trying to formulate a plan for the necessary future wastewater treatment improvements. Tim Reiter, Utilities Plant Superintendent, explained that the sludge being put back in from the clarifiers sat for a long time while the digester was down. It is old sludge and has a lot of problems as far as volatile fatty acids and is causing a lot of foam inside the digester instead of methane. The chemistry is off and the wrong kind of bug is growing. They want the bug that produces methane to grow, but there is another bug growing that produces volatile acids and produces foam. The city has been working with Great West. The latest tests have improved, so hopefully within another week the digester will be back online and running right. Kurt stated that Great West is asking for compensation for their technical assistance. When the digester was taken down for maintenance, the drying beds were filled. The city does not have a de- watering system and has to wait for evaporation of the drying beds. As the sludge gets to the plant, it goes through the methane process, becomes dead, and is sent out to the drying beds to dry. The sludge is hauled to the Billings Landfill after it passes the paint test and has the legal moisture content and consistency allowed for disposal. When the drying beds are full and it is a wet season, the city has to constantly look at ways to de -water the sludge in order to dispose it. When a digester is sour, the only place to put it is in the drying beds, so there are not any options. Kurt suggested the need for a centrifugal dryer that sheds the water and sends the material out for disposal. This will be an ongoing problem and alternatives are needed. A cap of $10,000 has been set for the technical assistance for the best solution for the city to de -water the sludge. The final cost will depend on the amount of time the engineers spend. There was further discussion regarding the frequency of taking the digesters offline for maintenance, the options that were tried at the plant, and the need for protocol to prevent this from happening in the future. Executive Review: • Bus Transit Grant — Update and council approval for a public hearing Mayor Olson stated that the city is working on the second application for the Bus Transit System. The buses are running with daily riders and the city has grant money to spend. The city is required to submit quarterly reports to the State. When he was in Helena recently, Mayor Olson met with MDOT regarding the grant, and the director is encouraged that Laurel is willing to provide the opportunity for the citizens in this area to be serviced by a bus system. A second public hearing on the bus transit system will be scheduled soon. Mayor Olson stated that the city's partnership with the Council on Aging has enabled the system to develop as it has to date. A TAC meeting is scheduled tomorrow. With the opportunity of other agencies becoming involved with the bus transit system, it would be a viable operation for Laurel citizens and people that need transportation. There was a question regarding the status of advertising on the buses and bus benches. Mayor Olson explained that the process was put in place by the council last fall. Due to some issues with the city's sign ordinance, the ordinance needs to be reviewed. The City - County Planning Board previously discussed it but did not follow through. Mayor Olson stated that the ordinance change could be expedited within the next 90 days. Another bus transit system report will be presented to the council in June so Mr. Blair can proceed with the advertising that the council previously approved. • Resolution — RFP for health insurance 3 Council Workshop Minutes of March 29, 2011 Mayor Olson stated that the Health Insurance Committee met yesterday and requested that the city RFP for other health insurance companies to submit a proposal for comparison. • Resolution — Local 303 Union contract proposal Mayor Olson stated that there is no opportunity for negotiations with this proposal. Sam Painter stated that the Local 303 Union contract proposal item on the agenda is misleading. The proposal was put together through mediation as a mediator worked between the two parties to create the document. The proposal was not made by the City or the union. It is a joint proposal put together through the mediator. The question for the city council next Tuesday is either to accept or reject this document as it reads. There is not an opportunity to take bits and pieces and present counter offers. Both parties agreed during mediation to take the document to the principals, ours being the city council, for approval or rejection. If the document is rejected, the parties go back to mediation and to the last written offers. The council should not get involved in negotiations, but should simply approve or disapprove the proposal. Emelie asked if the negotiations are a factor in figuring the budget. Mayor Olson stated that the current budget was not structured around a wage increase. Year 1 is from July 1, 2010 to June 30, 2011, and year 2 is from July 1, 2011 to June 30, 2012. There was discussion regarding the retroactive pay, if the council chose to accept the proposal. The clerk/treasurer would implement the retroactive pay process, as has been done in the past. Sam stated that, typically in these negotiations, the agreements are retroactive to July 1 However, the union was willing to go back to January 1 rather than July 2010. Kate asked regarding the Flex contribution, which was not discussed at the Budget/Finance Committee meeting. Mayor Olson stated that the flex contribution would be placed into an employee's health savings account and only be used for health savings account. It would not be an increase in wage and factored into the wages at all. Sam noted that it is a one -time lump sum payment of $600 per employee in fiscal year 2011 -2012 and is not a reoccurring item every year. It is a negotiated item, so it is not wages that continue to build on each other. It was a benefit to the city and a benefit to the employee because it is all pre -tax. Mark — sticking with that flex contribution, was that a result of the union or was that a result of the mediator changing from what we had seen in Budget/Finance? There was further discussion regarding the flex plan being part of the mediator's proposal, in addition to the other three items. Sam stated that it is an attempt by both parties to come up with a mechanism to get a contract written. In negotiations, the city and the union had talked about health savings plans, but that did not work out. They then realized that there already is a mechanism for a flex plan for the employee. Money goes into the flex plan and the employee has the right to contribute X amount of dollars up to a certain limit. The money has to be expended by the end of the year or it goes back to 4 Council Workshop Minutes of March 29, 2011 the city. Part of setting up the flex plan is to have the city administering it so the money is not lost to a third party company. Kate asked Sam to explain the process if mediation does not work. Sam explained that this is currently an interest -based bargain for the police department and the dispatchers. If mediation fails, there would be one final mediation. If an impasse exists, we go under a statute for mandatory arbitration. There are a couple opportunities for each party to make a last, best written offer, which would have to be published on the State website and in a newspaper to allow public comment on both offers. After thirty to sixty days go by, both parties get another chance to submit their last final offer. If no further ground is gained, eventually an out -of -state arbitrator is chosen through a selection process between both parties. The arbitrator reviews everything each party believes is relevant to the contract, including finances, expenditures, budgets, number of officers, crime rates, and a huge possibility of factors that can be evidence to the arbitrator. In the old days, the arbiter would take both last best offers and he /she could pick and choose and design the decision he /she thought was best. Under the current statute, the arbitrator can no longer do that. He /she has to consider the evidence put on by both parties and select one or the other. There is no more mixing or creating a decision that he /she believes suits both parties. It is very important that both sides consider their last best offer going into arbitration as there is some risk to both parties with binding arbitration under this statute. The cost for an arbitrator is probably $7,500 to $ 10,000 and each party pays their share. Sam stated that, prior to this meeting, the Union President Michelle Steffans handed him a letter. Apparently the union met yesterday and voted to accept the mediator's proposal. On Tuesday, the council will vote to accept or not accept the proposal. Sam will decide if the item will be presented in a resolution or as a motion on the council agenda. • Discussion — Fireworks ordinance Doug Poehls stated that the Emergency Services Committee proposed a change to the fireworks ordinance. Fireworks are currently prohibited in the City of Laurel. There have been problems in the past when people shot off fireworks illegally during the 4th of July and the New Year's holidays. The proposal is to allow fireworks within the city limits of Laurel on specific times and dates. Specifically, being July 2nd through July 4 from 8:00 a.m. to 12:30 a.m. and on December 31 from 10:00 p.m. to 12:30 a.m. on January 1S Some stipulations regarding littering issues are also included in the ordinance. The Committee's recommendations for fine amounts were changed due to legal issues. The fines will be $250 for the first offence, $350 for the second offense, and $500 for the third and additional offenses. Doug spoke regarding another change. Section 8.16.080 states: "Fireworks may not be discharged in or on any city or public property, park or sidewalk, parking lot, street, right -of -way, easement or alley." The Emergency Services Committee would prefer it to read: "Fireworks may not be discharged in or on any city or public property or park." Fireworks would be allowed on sidewalks or streets, as that is where people set off their fireworks. If fireworks are not allowed on streets and sidewalks, the issue has not been solved, as anyone who does not want fireworks set off can call the police department and report that someone is shooting fireworks in the street. The police would have to respond to that call and that is why the committee would like to strike sidewalks and streets. There is some liability to the city by doing that. 5 Council Workshop Minutes of March 29, 2011 There was discussion regarding the ordinances the committee reviewed from Great Falls and Glendive. Several cities in Montana allow fireworks. Norm mentioned that the discharge times in Section 8.16.030 was not correct. It read: "The discharging of fireworks within the City limits of Laurel shall be July 2 through July 4 from 8 am to 12:30 p.m." It should be 12:30 a.m. on July 5 There was further discussion regarding the committee's intent regarding the time to stop the fireworks and the wording for this. The committee does not want fireworks to be shot off between 12:30 a.m. and 8:00 a.m. on all those days and only from 12:00 midnight to 12:30 a.m. on July 5 and December 31S Chief Musson thought that the committee agreed to end fireworks at 12:00 midnight on July 2n and 3` and at 12:30 a.m. on July 5 and on January 1S Chief Musson suggested that it might be wise to have the midnight deadline for all of the dates. Mayor Olson stated that this is the first reading and there will be opportunity for public input. Sam stated that there was some discussion about the Great Falls ordinance regarding whether or not the city could impose higher fines. As far as he can tell, Great Falls has designated this offense as a civil infraction. That would require a civil lawsuit against the individual and the $1,000 penalty is under the city court's jurisdiction for civil matters. Considering that, Sam spoke to the judge and she said that civil items are very hard to enforce. If someone in court is given a civil penalty and they do not pay, it is a difficult process to force them to pay. The judge told him that, in certain cases when a criminal fine is imposed, the court can suspend a driver's license if the person does not pay the fine. The individual could not drive legally and would be arrested if caught driving on a suspended license. Sam recommended that the City of Laurel leave the criminal offenses in the fireworks ordinance, as he thinks the penalties contained in the ordinance are sufficient to warrant further violations. He noted that the ordinance is written so that the court would not have discretion, as the council is recommending a mandatory minimum fine. A city attorney cannot do anything about the fine imposed and the court has no discretion. Sam wanted the council to understand that the court will not have any discretion and the city attorney's office cannot make any recommendations for a lesser fine for the mandatory minimums. Doug stated that the Emergency Services was in agreement that offenders should pay if they chose to disobey the ordinance. • Council issues: o Discussion of the school bus route (Emelie Eaton) Emelie Eaton stated that a constituent who had seen a school bus on a "non- school bus route street" approached her regarding the issue. She asked for clarification if there is a school bus route. Chief Musson stated that Laurel does not have a school bus route and it cannot be found in state law or city ordinance. He mentioned two issues, including where buses should go for safety and concerns regarding streets handling the bus load. Chief Musson stated that there are a lot of variables as to why buses go where they go, but the police department cannot determine that. 6 Council Workshop Minutes of March 29, 2011 Zada Stamper, 523 Date Avenue, works for the school district's transportation department. She explained that the school is required to transport the special needs students from door to door, meaning that the bus picks them up at their houses and transports them to the school and back. They are also required to transport students to the Yellowstone Boys and Girls Ranch. She stated that the school buses do not travel on West Avenue, as the large buses go down 8 to get to South School for those pickups. She suggested that a bus might have been on West Avenue that was not a Laurel School District bus. If the bus says Laurel School District 7 -70 and has a number on it, she would like to know so she can look into it. Zada spoke regarding some of the bus routes, the damage caused by the large school buses, and possible changes to bus routes in conjunction with discussion with Kurt. Norm received a call from a constituent regarding the buses on Pennsylvania Avenue and street maintenance in the city. Norm asked for a discussion on chip sealing at the next council workshop. Mayor Olson stated that, in a lengthy discussion today, staff recognizes that the buses will pick up kids where they need to be picked up and there is no designated route. However, staff suggested that "preferred" routes could be suggested in order to help alleviate some of the issues. If all streets are expected to be able to carry bus loads consistently, the city would be looking far beyond our means to even chip seal. He hoped that the council might ask for direction to involve the city and school administrations in a discussion on preferred routes. Kate asked for an update on the status of the proposed SID for the streets around the old middle school at the next workshop. Mark asked for discussion regarding designated parking for people coming to city hall for business since the Movie Haus recently opened. Chuck Dickerson asked for an update regarding the priorities for filling potholes at the next council workshop. Tom asked how much of the parking across the street is reserved for the city. Mayor Olson stated that this could be answered at the next council workshop. Chuck Dickerson questioned if the city parking in the bank parking lot is only during business hours. Other items Kurt explained an additional resolution for the agenda. In the Phase 2A1 project, the city installed a new 12 -inch main line to the sewer plant to provide processed water and fire protection, as identified in the PER. The contractor encountered oil sheen in the groundwater right before the city's property gate. The city notified the DEQ and CHS Refinery and worked through the process. The DEQ requested that part of the remediation process is for the city and CHS to monitor the groundwater in that area. CHS has offered to install the monitoring wells and monitor the groundwater. The city and CHS submitted a plan to the DEQ on how we would remediate that and part of it was installing wells. Oil sheen was discovered right by the headworks building and where we connect to a fire hydrant, so DEQ required that that location be monitored. Kurt stated that it followed a line into city property 7 Council Workshop Minutes of March 29, 2011 from the drying beds that used to be on CHS's property. The city purchased that for the drying beds. The resolution would allow CHS Refinery to install the groundwater monitor in order to comply with the DEQ requirements. The city will work with CHS regarding location and hydro excavation. Kurt stated that it will not infringe on future expansion plans. Mayor Olson thanked Kurt and the crew for presenting the newly - purchased equipment for the council's inspection tonight. Kurt spoke regarding the benefits of having the new backhoe and the snowplow and sanding unit. The city will go out to bid for a new jet rodder soon. Mark stated that it is nice to see the equipment that the council approves, and he would like to see the new street sweeper after it arrives. Review of draft council agenda for April 5, 2011 • Public Hearings: o Budget amendment for library and fire department o Budget amendment for FAP building o Ordinance No. 011 -04: An ordinance amending Section 12.32.050 titled "Creation and establishment of a City Tree Board" and Section 12.32.060 of the Laurel Municipal Code titled "Term of office" located at Title 12 of the Laurel Municipal Code. (First reading — 03/15/2011) o Ordinance No. 011 -05: An ordinance amending Section 5.44.030 titled "Exceptions to provisions" located at Title 5 of the Laurel Municipal Code. (First reading — 03/15/2011) The four public hearings will be on the April 5th council agenda. Attendance at the April 5, 2011 council meeting All council members present will attend. Announcements Chuck Dickerson asked for an update about the Public Works Director's conversation with Randy at TenderNest regarding safety at the end of Valley Drive and 12 as far as traffic possibly running into the TenderNest. Tom Nelson asked for an update on the schedule for meetings for the budget process. Tom mentioned that the Laurel City Voice was full of information and is a benefit to everyone in the city. Emelie asked for an update on the road destruction on 5 Street between 3 Avenue and 4 Avenue and whether or not that it is in connection to the previous project by the Evergreen Nursing Home. Mayor Olson forwarded his letter of support and concerns for the Local Government Center to the council. As of yesterday morning, there had been no amendment to the House Bill to support that, so it may come down to individual entities being the funding mechanism for the Local Government 8 Council Workshop Minutes of March 29, 2011 Center. He will forward a letter he received from Mayor Banning of Troy, Montana, who captured the essence of why the Local Government Center should be funded. Mayor Olson forwarded the council the recent communication he had with Jerry Grebenc of the Department of Commerce. Mr. Grebenc has a planning background and Mrs. Miller knows the engineering aspect of the issues. Council members should inform Mayor Olson of the best times to schedule the meeting. The council workshop adjourned at 7:59 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. 9