Loading...
HomeMy WebLinkAboutCouncil Workshop Minutes 06.14.2011 MINUTES COUNCIL WORKSHOP JUNE 14, 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 June 14, 2011. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x_ Doug Poehls Vacant _x_ Mark Mace _x Chuck Rodgers _x_ Chuck Dickerson _x Tom Nelson Norm Stamper OTHERS PRESENT: Brooke Baracker- Taylor Doris Hill Heidi Jensen Bruce McGee 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: • Ward 2 Council vacancy Mayor Olson stated that two applicants submitted letters of interest for the council's consideration and both attended tonight's meeting. He asked both applicants to speak to the council. Doris Hill has lived on 7 Avenue for a long time. Although she is not from Laurel, she has lived here more than thirty years. She knows many good things about Laurel and has heard about things that need to be addressed. Doris has a bachelor's degree and is a registered nurse. She travelled around the United States with a nursing company, worked at least three months in each place, and was able to adapt well with people. She belongs to various groups in Laurel and in Billings. Chuck Dickerson asked Doris if she would file for the seat in the election if she was appointed to fill the seat for the rest of the year. Doris stated that she would, as she thought the appointment would be longer than just this year. Bruce McGee lives in Laurel and is a realtor with Century 21 in Billings. He expressed his interest in becoming a member of the council in order to give back to his community. Bruce also serves on the LURA board, is a member of the Laurel Police Reserves, and is interested in running for the seat during the open election. In his mid -50's, Bruce earned a bachelor's degree. He spent over twenty years in ministry, primarily in small towns and communities, and helped out on the volunteer fire departments in different ways. He has lived in Laurel since 2007 and is a product of the self -help building program on the west side of Laurel. Council Workshop Minutes of June 14, 2011 Emelie asked Bruce if he would be willing to run in the election for this seat if he is not appointed to the position. Bruce stated that he would give that very strong consideration, as the appointment itself is not a determination whether or not he would run. He would probably throw his hat in the ring. Mayor Olson stated that the Ward 2 vacancy will be under Scheduled Matters on the June 21s council agenda. • Committee / Board / Commission (Re)appointments Mayor Olson stated that the appointments include Randy Hand to the Laurel Airport Authority and Alan Klebe to the Library Board, as well as various reappointments. There are also vacancies on the Public Works Committee, the Park Board and the City - County Planning Board. Executive Review: • Resolution — Variance request for Nutting Brothers Subdivision (PH on June 21, 2011) City Planner Heidi Jensen explained the request for a variance to allow a mobile home park with lot widths of 35 feet, instead of the 40 -foot width required in LMC. The property is currently zoned residential manufactured home, which is within a mobile home park zoning. The property is Lots 7 and 8 in Nutting Brothers Subdivision and is currently not annexed into the city. Heidi referred to the staff findings, which reviewed the Laurel Municipal Code. The staff report, map of potential construction and the letter from the applicants' representative were attached to the Planning Board minutes of June 2, 2011. Heidi cautioned the council that the variance was the only topic that was noticed for discussion. At its recent meeting, the Planning Board got sidetracked on the potential of the property and the construction map and wanted to discuss what could be done with the property. She explained that what could be done with the property is subjective because the only request is for the five -foot variance. While there are concerns about water, sewer, runoff density, etc., the only point of discussion is the five -foot variance and whether the property should go from 40- foot to 35 -foot width. Heidi stated that notice was published in the Outlook for the Planning Board meeting and the council's public hearing on June 21 The Zoning Commission discussed Chapter 17.60.020 of the Laurel Municipal Code regarding the reasoning behind the variance application to ensure that it is not strictly a financial variance. (The applicant's representative spoke to those issues later in the meeting.) Heidi stated that the Zoning Commission/Planning Board unanimously recommended approval of the variance request with some staff suggested conditions. The conditions include three items: Applicant shall request annexation into the City of Laurel with the submittal of a subdivision application compliant with Chapter 17.24 LMC; Applicant shall contain all storm water onsite; and Applicants shall have Class `B" or better mobile homes on the property. Class B is a mobile home that is built after 1990. Heidi introduced Marshall Phil, the applicant's representative from Blueline Engineering, to further explain the variance request. Mr. Phil stated that he represented the landowner in this variance request to allow for minimum width of 35 feet instead of the 40x100 foot dimension for a trailer unit that is in code. The variance request 2 Council Workshop Minutes of June 14, 2011 only narrows by 2.5 feet on each side of property and still allows for minimum setbacks. There are no risks to fire code or safety. The 40x100 foot unit is the minimum requirement and the lots will be about 147 feet long and will provide a fair amount of yard space and two parking spaces. Marshall spoke regarding the densities in the other trailer courts that surround the property. The maximum density allowed is 90 units per acre, which is 4,840 square feet per unit. Mr. Phil addressed the seven items in LMC Chapter 17.60.020: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property. Marshall stated that the variance does not have an impact in that regard and is not an issue. 2. Unless the grant relates to a condition or situation special and peculiar to the applicant. Marshall stated that there are a couple reasons for the variance to be positive. The shape of the property was originally plated thirty years ago, so the applicant did not have any control over the shape. It would not be financially viable to put 40 -foot wide units in the way it is laid out. There is a drainage issue in the area, and the site would require above and below ground storm water retention that could be squeezed in if allowed to go with the dimensions of the variance request. 3. Unless the basis is something more than mere fmancial loss to the owner. Marshall stated that it is something more than financial loss. 4. Unless the hardship was created by someone other than the owner. Marshall stated that the hardship was created by someone else, as the shape of the property was done with the previous plat. 5. Unless the variance would be within the spirit, intent, purpose, and general plan of this title. Marshall believes that it is in the intent and purpose. The relative densities would be less than in surrounding areas and would provide an attractive establishment. 6. Unless the variance would not affect adversely or injure or result in injustice to others. Marshall stated that the development would be the same or better than the adjoining properties and would have newer units to meet codes. 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. Since the owner did not have the property at the time the title was done, Marshall stated that the request fits the criteria of the seven items and the minimal 2.5 foot reduction on both sides is a pretty small variance request. Doug asked for an explanation of how the storm water retention would be handled. Mr. Phil stated that it is early in the project to know exactly. There would probably be a series of small underground retention areas, fairly shallow due to the nature of the groundwater in the area. There would be gravel basements coming down the length of the property and they will try to incorporate some surface retention going down the length of the property as well. The storm water would then tie into the city's storm water system. 3 Council Workshop Minutes of June 14, 2011 Mayor Olson stated that the council is going to consider the variance on its merits and not on any other aspect of the construction, as those particular items will be presented to the council as the request comes forward on how they propose to continue the project. Mayor Olson stated that the council's focus should be on the variance of the five feet. There was discussion regarding the subdivision review process, the location of the property, right -of- way issues, the requirement for two accesses in a major subdivision, and conditions that the city could require for the development. Mayor Olson again cautioned the council that the discussion item should be about the five -foot variance request and further discussion will be possible later in the process. • Resolution — Operating Contract with MDT for the Bus Transit System Heidi spoke regarding the operating contract with MDT for the transit bus. The proposed budget was discussed at the budget session prior to the council workshop. The contract needs to be signed for the $60,000 grant to be released to the city. There is no out -of- pocket match, as it is all in -kind match and is already being spent at the city, and revenue coming in is additional to the city. The contract includes language to comply with state regulations. The resolution will be on the June 21s council agenda. • Resolution — Add fee for sale of merchandise on sidewalks to the Schedule of Fees and Charges Heidi explained that some businesses want to have outdoor tables and chairs and sell food on the sidewalk. The code department reviewed a section in LMC that states that an application would be reviewed by the council and a fee would be charged. However, there is no established fee and no application and the council has not reviewed any applications. The city needs to comply with the rules. The proposed application form was attached to the resolution. The proposed annual fee of $75 was determined because a code department official needs to ensure there is a 36 -inch width at all times in order to comply with ADA so a wheelchair can pass through at any time. The merchant will need to apply and pay the fee annually because some ongoing maintenance is needed for the application. Heidi stated that the Planning/Building Code /Safety department will recommend changing the requirement for council approval for the applications, as they could be done with staff approval since staff would maintain the 36 -inch width and collecting the fees. However, the council will have to approve the applications until the ordinance is revised. There was a question on possible effects for the 4 of July merchants at Thomson Park, but that is under special event merchants. Further discussion included the 36 -inch width requirement for ADA and the downtown sidewalk replacement project. • Resolution — GASB 54 Mayor Olson stated that the resolution is in accordance with the Governmental Accounting Standards Board. There has been some communication between council members and the city clerk on how GASB 54 would be implemented. The city checked with the auditors, who will monitor to make sure Laurel fits into the standard applied by GASB 54 and the reserved funds. • Resolution — Records disposal for Laurel City Court 4 Council Workshop Minutes of June 14, 2011 Mayor Olson stated that the records disposal schedule meets the requirements set by state statute. The requirements for the documents to be on site have been met and the court is requesting that the documents be moved to an alternative site for disposal. • Resolutions — SRO Contracts Mayor Olson mentioned that the school board approved the contracts with a handwritten amendment. He recommended that the council delay the contracts and have a committee approach the school board regarding an updated agreement. The school board does not want to pay the increased amounts for the officers but wants to pay the same costs paid last year. There was discussion regarding the increased costs of $2,700, the 70/30 percent contract, the need for a legal document, and the suggestion for a committee to discuss the issue with the school board. Mark recommended that the Budget/Finance Committee handle this issue. Emelie stated that it is commendable that the city is watchful of these things and that the Budget/Finance Committee is willing to take on this discussion. Mayor Olson stated that the school board would be informed of the council's direction and the Budget/Finance Committee would schedule a meeting with the school board. • Resolution — YBGR fire contract Mayor Olson stated that the YBGR fire contract increased 5 percent. The contract has not been signed and returned by the Yellowstone Boys and Girls Ranch yet, and the city tried to contact them today. The current contract ends on June 30 but the "agreement may be extended for one or more thirty -day period(s) to provide the parties the opportunity to negotiate a new annual agreement," as stated in the current contract. The resolution and contract will be on the June 21 council agenda. • Resolution — Laurel Airport Authority fire contract Mayor Olson stated that the signed agreement and resolution would be on the June 21 council agenda. The contract with the Laurel Airport Authority also had a 5 percent increase. • Resolution — Landfill Use Agreement with the City of Billings Mayor Olson stated that the landfill fee increased from $16.80 to $18.00 per ton. Mayor Olson and the Public Works Director recently discussed whether the increase would necessitate a review of the city's garbage rates, and it was determined that the reserves should be able to handle the increase. Mayor Olson stated that the council might want to consider recycling methods in order to reduce the city's tonnage. • Discussion — Annexation of East Railroad Street Mayor Olson stated that the County chip sealed East Railroad Street. As the council had previously discussed the speed limit issues and the possibility of annexation of the County's half of East Railroad Street with the County Commissioners, Mayor Olson asked for the council's thoughts about going forward with the annexation. Doug, Chuck Dickerson, and Emelie commented that the annexation process should go forward. There was discussion regarding the need to control the speed limit and to have the police be able to write tickets on both sides of East Railroad Street. 5 Council Workshop Minutes of June 14, 2011 Mayor Olson will convey this information to the County Commissioners. • Discussion — Bradford Roofing During the last large water event, Mayor Olson discovered a leak in the room next to the council chambers. When Bradford Roofing looked at the roof, they found that the scuppers had deteriorated and there was a pool of water that caused the water to run down a small crack in the roofing in two places. They also looked at the location of the siren. Over time, the vibration of the siren has caused the base to open up at the roof area. Bradford Roofing recommended repair of the area where the siren is fastened on the roof. The front of the building is also a concern, as moisture seems to come down the front of the building. The galvanized flashing is secured by dimensional lumber, but the angle on the dimensional lumber is not the proper angle and is allowing water to come up over the top and drip down. Replacing the dimensional lumber and galvanized flashing would eliminate that problem. The city hall budget would be used for the roof repairs for a proposed cost of $6,900. There was discussion regarding anchoring the siren stand to a concrete block to prevent the issues in the future and the need to patch the stucco on the exterior of the building. The Scouts have received authorization for the project and have secured the funding for the paint and the scaffolding. The project should start in July and be completed by the middle of August. • Discussion — Request for Public Records Mayor Olson spoke regarding a request for public records, including all staff and council e-mails after October 19, 2010 when Council Member Poehls asked for a study of the cost for operating the water system. Doug asked regarding the rate study. Mayor Olson stated that the water and sewer rate study will be presented at the June 28 council workshop agenda. He explained that there have been two discussions between Great West and city staff regarding the rate study, and the city asked the engineers to review it further so it reflects what the council charged the city to do. The council will need to review the rate study to see if it is exactly what they requested. Documents should be submitted to the council secretary. • Discussion — Leases for Riverside Park There was a lengthy discussion regarding the leases at Riverside Park, outdoor shooting, MMIA's concerns regarding the risk and liability of outdoor shooting, Elk River's findings regarding firearms, the need for the city to adhere to MMIA's advice, past discussion with the clubs about not allowing outside shooting within a certain timeframe, and the need for the club to find an outdoor shooting range away from city -owned property. Mayor Olson will meet with the Rod and Gun Club on Thursday. He will compile information regarding the leases for further council discussion at the June 28 council workshop. • Council issues: o Lack of sidewalk on First Avenue by TenderNest (Emelie Eaton) 6 Council Workshop Minutes of June 14, 2011 Emelie stated that this was discussed at yesterday's Public Works Committee meeting. The sidewalk on First Avenue and on the newly - annexed portion of West 12 Street will be installed when the building project starts. o West Railroad Street study (Mark Mace) There was discussion regarding finding the results of the speed study, the need for improvements to West Railroad Street, urban routes and urban funding, stimulus funding used for the Eighth Avenue project, and the process required to place West Railroad Street in the rating process for urban funds for road repair. Mayor Olson will mention the speed study when he meets with Commissioner Kennedy soon and will speak to MDT officials regarding urban funds. o Curb /gutter at Graff Elementary School (Norm Stamper) Mayor Olson explained that the long winter, the early spring, and the illness of the previous contractor delayed the curb and gutter work at Graff School. A new contractor will start the project on Friday. There was a brief discussion regarding the need for seasonal contracts for concrete work, etc., in order to expedite projects and eliminate small service contracts. Other items • Resolution — Change Order No. 2 with Blacktop, Inc. for the 2010 Street Maintenance Project Mayor Olson stated that Blacktop, Inc. was contracted by the City of Laurel last year for crack sealing, potholes and chip sealing. The change order locked in a good price. Blacktop, Inc. should be able to start the utility trench restorations on July 5 Review of draft council agenda for June 21, 2011 • Public Hearings: o Application for variance to reduce minimum lot width on Lots 7 & 8 of Nutting Brothers Subdivision. The public hearing will be on the June 21 agenda. o Ordinance No. 011 -07: An ordinance amending Section 17.26.052 titled "Entryway Zoning District" located at Title 17 of the Laurel Municipal Code. (Bus transit benches) Mayor Olson asked the council to consider waiving the rule to wait until the next scheduled council meeting and to adopt the ordinance on June 21 as Blair Advertising has been waiting a long time for the city to get this done. The SRO agreements and resolutions will not be on the June 21 council agenda. Attendance at the June 21, 2011 council meeting All council members present will attend. Announcements Chuck Dickerson asked for updates about the fencing around the generator at Murray Park and the replacement of the dead tree in Murray Park at the June 28 council workshop. There was discussion regarding the dead tree at Murray Park. 7 Council Workshop Minutes of June 14, 2011 Chuck Rodgers mentioned that there is power by the lights at the cemetery and he assumes that the lights will come on at dusk. The contractor will start the concrete ribbons next week, so the project should be completed before the end of the month. Mayor Olson recently notified the CAO of the council's approval of his contract and is keeping him informed of city activities. The council workshop adjourned at 8:10 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