HomeMy WebLinkAboutCouncil Workshop Minutes 09.13.2011 MINUTES
COUNCIL WORKSHOP
SEPTEMBER 13, 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 September 13, 2011.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton _x_ Doug Poehls
__ Bruce McGee _x_ Mark Mace
_x Chuck Rodgers _x Chuck Dickerson
_x Tom Nelson _ Norm Stamper
OTHERS PRESENT:
Sam Painter Sgt. Mark Guy
Jeremiah Johnson
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:
• Appointment:
o Laurel Police Department: Jeremiah Johnson
Sgt. Guy introduced Jeremiah Johnson to the council. Jeremiah has completed an extensive
background check, is a Laurel resident, served as a Laurel Police Reserve for over four years, and has
been a jail officer at Yellowstone County Detention Facility for over seven years.
Mayor Olson welcomed Jeremiah and stated that the official appointment will be on the September
20 council agenda.
Matt Wilcox, the new city prosecutor, introduced himself to the council. He has already spent a few
days in court. Matt was born and raised in Miles City, went to school in Bozeman, went to law school
in Minnesota, and then returned to Montana. His first job was for the State as an appellate defender,
and this is his first experience as a prosecutor. Matt stated that he is looking forward to working with
the city.
Executive Review:
• Resolution — Final Bond resolution for SID No. 113
Mayor Olson explained the three resolutions. The first two resolutions pertain to the form and details
for SID No. 112 and SID No. 113. The third resolution is for the purpose of financing the costs of
SID No. 112 and SID No. 113. The three resolutions will be on the September 20 council agenda.
• Resolution — Intention to raise water and sewer charges
Council Workshop Minutes of September 13, 2011
Chad Hanson, Great West Engineering, stated that the council accepted the rate study and the
resolution of intent is the next step, followed by the public hearing scheduled for October 18
.
There was discussion regarding the proposed average rates and charges, the method used to determine
the proposed rates and charges, and the 25 -26 million gallons usage per month through the 10 -inch
line, which is half of the water produced. Chad stated that the large consumers pay a large amount of
monthly rate, but they use a disproportionate amount of water compared to other users. The large
amount of dollars charged represents a large amount of water used, which represents a large amount
of impact on the system.
Mayor Olson spoke regarding the capital improvements surcharges included in the water and sewer
rates. The proposed water surcharge is $4.00 per month and will increase $1.00 per month per EDU
annually on July 1 of each year through 2015. The proposed sewer surcharge is $6.00 per month and
will increase $1.00 per month per EDU annually on July 1 of each year through 2015. The base rate
is for pipes in the ground and transmission lines and the volume charge is for the treatment plants.
Mayor Olson stated the importance of recognizing that conservation is one of the goals. There was
discussion regarding hardscape landscaping, which is being used more as people recognize that water
is a valuable resource for which they are accountable.
Notices of the rate public hearing will be mailed to water users prior to the public hearing and notice
will be published in the newspaper. The city has or will meet with CHS Refinery, the school district,
Fox, MRL and Rutt's Water.
• Resolution — Accept bid for SE 4 Street Pavement Rehabilitation Project
Chad stated that bids were opened for the leveling course, the mill and overlay project. The bids
came in $241,000 and the engineer's estimate was $262,000. There is not enough money to do the
additive alternate that was proposed. Riverside Sand and Gravel was the low bidder and should
complete the project in the first couple weeks of October.
The $333,000 includes everything in the SID, but the chip sealing will be done in conjunction with
the annual street maintenance project next summer. Chip sealing will be done from First Avenue all
the way down Southeast 4 to Bernhardt Road and to Railroad Street, which should make a nice loop
in that area. There is $70,000 in the budget for chip sealing. Knife River and Riverside Sand and
Gravel bid the project.
• Resolution — Task Order with Great West Engineering for levee restoration
Chad Hanson stated that this is a unique project, so the city visited with Great West regarding their
qualifications to do this type of specialized work. Jeremiah Theys and Dan McCauley, the President
of the company, met with the city recently. Jeremiah has experience in floodplain modeling, river
modeling, bank restoration, stream restoration and does a lot of that work for the Forrest Service and
various counties. Bruce Siegmund is a hydrologist and a geomorphologist that specializes in river
type studies. After the city asked Great West to prepare a task order for levee work at Riverside Park,
Jeremiah prepared a detailed scope for the project. There was discussion regarding a similar project
Great West is doing on a bridge by Greycliff, the resistance from the Corps of Engineers regarding
stabilization issues, and the permitting process. The initial task order is to do the site survey,
topographical survey, cross section the river to model it, put together several alternatives and then
meet with the city and all the stakeholders involved in the permitting process, including the Corps of
Engineers, Fish and Wildlife, DNRC, NRC, etc. The permitting process could be challenging, but the
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Council Workshop Minutes of September 13, 2011
design and construction should go rapidly. Direction is needed from the agencies as that will affect
the design efforts by the engineers. FEMA had recommended sheet piling, but Chad is not confident
that the Corps will agree as their opinion is that the river is supposed to naturally move and it should
be allowed to move. In this case, the river cannot be allowed to move.
There was discussion regarding the Corps of Engineers' philosophy that the river should be able to
meander, but they continue to build dams on other rivers. Chad stated this is an emergency situation
for Laurel, as there are two choke points with the railroad bridge and the highway bridge that were
built narrow to save money. The water intake and the intake for the canal have to be protected. He
expects that a lot of the stakeholders will put pressure on the Corps in this case.
There was further discussion regarding the timing for the project, which could be completed in 2012,
a prior issue with the river channel in 1996, assistance from the DNRC, FEMA, and governmental
agencies, the alternatives for bank stabilization, and the $77,000 budgeted amount for engineering,
and the estimated $1.8 million cost for the levee restoration project.
• Resolution — CTEP Project Agreement, East Main Street Sidewalks
Mayor Olson stated that the project will be funded in three mechanisms, including $40,000 from the
TIF District, $43,000 from CTEP funds, and matching funds from MDOT. Heidi has surveyed the
flat work on East Main Street and found several areas that need restoration. The sidewalk project also
includes some landscaping with trees. The resolution will be on the September 20 council agenda.
At this time, an audience member asked to speak to the council, and Mayor Olson allowed her to
speak.
Karen Scovell, 706 Mulberry Avenue, stated that she lives on the border of city and county property.
Her neighbor parked some tractor trailer containers in front of her house. He thinks he can do
anything on his property and tonight he finished building a fence that is six feet high. She stated that
her house was worth something and now it is not, and she feels like she lives in the ghetto. She
worked really hard to build and establish her house. The neighbor also has all kinds of chickens that
run loose all over the yards. She needs something to be done. She has talked to the County and to the
City of Laurel. She was told that the city has jurisdiction three to four miles around the city. She
asked if the huge tractor trailers are allowed, as they are longer than two rooms and about eight feet
high. The neighbor paid for them, so she thinks they will be there forever. Karen has lived in her
Habitat house for seventeen years and is trying to improve it, but this is a letdown. Karen spoke
further about the issue she presented.
Mayor Olson stated that he had a phone conversation with Karen a few weeks ago. He stated that he
would review the issue and send her a letter with the city's legal stand on the issue. Mayor Olson
then stated that the issue would be added to the September 27 council workshop agenda for further
discussion by the council. An agenda will be sent to Karen prior to the meeting.
Chuck Dickerson stated that there used to be an ordinance regarding parking tractor trailers on city
streets in front of residences.
• Resolution — GMP for ambulance addition project
Mayor Olson stated that the ambulance addition project has been going forward with a construction
contract for an alternative form of construction. The contract has provisions that the contractor and
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Council Workshop Minutes of September 13, 2011
the architect will give the city a guaranteed maximum price (GMP) before construction begins. The
project was estimated to cost $361,000. The guaranteed maximum price and the contract should be
available soon for the council's consideration next Tuesday.
There was discussion regarding the additional $15,000 to $16,000 that is needed for mitigation of the
diesel exhaust in the bay. This would increase the total cost of the project to $375,000. The exhaust
mitigation would be the same type of mitigation used by the fire department. The fire department has
a device that actually drops down and as a diesel is started up, it is hooked on to the pipe and as it
goes out the door, there is a snap and that pulls off so there is no exhaust of diesel into the big area.
That was obtained through Chief Yeager's efforts with a $250,000 grant. The system can support
inlets for the ambulance, but it would take an additional $16,000 to do so. Mayor Olson asked the
council to consider going above the $360,000 to cover the cost for the exhaust mitigation system. He
stated that unmarked funds are available through the CIP Fund or through the CAO's budget for this
purpose.
Chuck Rodgers, Tom Nelson, Chuck Dickerson and Emelie Eaton voiced support for including the
diesel mitigation system in the project at this time. Mayor Olson stated that the information will be
distributed to the council as soon as possible.
• Council Issues:
o Status of water meters (Mark Mace)
Mayor Olson stated that another 60 to 70 water meters failed last month. Legal counsel will review
the situation further.
o Fire Department update on the fire hydrant testing and the city's insurance (Tom
Nelson)
Mayor Olson stated that the fire department will receive a full disclosure on the ISO findings in
January or February 2012, and Chief Peters will present an update to the council at that time.
o Update on ExxonMobil's project in Riverside Park (Tom Nelson)
ExxonMobil contacted the city last Friday and indicated that they might need to request additional
time for closure of Riverside Park. Mayor Olson will meet with Malcolm South, a representative
from ExxonMobil, on Wednesday. If the requested timeframe is more than a couple weeks,
ExxonMobil needs to recognize that the lessees in Riverside Park have not been able to access their
buildings due to the ExxonMobil event. Mayor Olson will report back to the council when
information is available.
o Pool endowment (Emelie Eaton)
Emelie stated that legal counsel recently said they had not been in contact with the legal counsel for
the estate. She stated that last week it was brought up that the Park Board had kind of leapfrogged
this whole process, so she asked if legal had been in contact with the other legal counsel and what the
process should be.
Mayor Olson stated that he did not know if the Park Committee leapfrogged. He thought at one time
a statement came forward that indicates the city's position. However, the city has been unable to find
the official statement. He remembered the Park Board asking and the city saying that a water facility
or a water activity would be covered, but the basis for that statement cannot be found. The Park
Board did ask the city.
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Council Workshop Minutes of September 13, 2011
Sam stated that the previous issue that the Park Board was looking at was whether or not some of the
funds could be used for a preliminary engineering report to construct a swimming pool. His previous
opinion was, since it was related to a swimming pool and the construction, that the funds certainly
could be used for that. The study was purchased and the cost for a pool came back at $2.2 million
cost. To construct a pool would basically wipe out the city's ability to bond or construct anything for
a number of years, so it was basically tabled at that time. The issue coming forward now is different.
The inquiry is whether the funds can be used, not to construct a swimming pool, but to construct a
spray park. Sam has been attempting to find out if there is a document stating that the funds are given
to the City of Laurel but are restricted indefinitely for swimming pool use only, but he has not been
able to find such a document. The attorney that represented the estate has not returned his call. He
authored a written letter on behalf of the city requesting any sort of document the attorney has that
would provide information to issue an opinion for the city regarding the use of the funds. The city is
looking for a possible file on the pool endowment, but it has not been located yet. Until a document is
found, he is unable to write an opinion regarding whether or not the city can use these funds. On the
other hand, if he continues to search and nothing is found, he would probably issue an opinion saying
that funds cannot be restricted forever in perpetuity. He recommended holding a public hearing and
notifying heirs to determine whether or not there would be a huge objection to using those funds for a
water park. Unfortunately, he has not been able to locate any sort of a reference document other than
council minutes and discussion.
Emelie asked how that information meshed with the timeline that was outlined at the last council
meeting for an informational public meeting by the Park Board.
Sam asked if the purpose of the public meeting is just to gather public comment.
Mark stated that the purpose is to gather public comment on a spray park and it does not mention
funding.
Sam stated that having a public hearing to gather comment would not conflict in any way as long as
there were no assurances. The committee has no ability to spend money regardless.
Mark mentioned that the Park Board is considering forming a park maintenance district so some kind
of determination is need from the public whether they want to support it.
Mayor Olson stated that, in regards to leapfrogging, he did not believe that was the intent of the Park
Board. All parties will be interest in the report from legal counsel.
o Update on footbridge (Mayor Olson)
Mayor Olson recently discussed the possibility of their support for the footbridge project with
Commissioner Ostlund and Commissioner Kennedy. The Commissioners have agreed to donate $400
for the project.
Chuck Rodgers stated that Bob Larsen should be available to complete the railing project in two to
three weeks, between September 26 and 30`
There was discussion regarding having the council retreat on Saturday, October 8 from 9:00 a.m. to
noon. The council would then spend the afternoon doing the landscaping project at the footbridge.
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Council Workshop Minutes of September 13, 2011
Emelie mentioned that a neighbor near the footbridge recently expressed the need for lighting there.
She asked about the possibility of installing a solar powered street light there. Mark will find out
where the solar powered streetlights are located in Billings and report at the next council workshop.
o Request Fire Department to burn area surrounding the footbridge (Chuck Dickerson)
Since no information was received, this item will be on the September 27 council workshop agenda.
o Discussion on the financial pros /cons of the City of Laurel annexing as an undeveloped
city park the area to the north of 12 Street West extending between the Valley Drive
Bridge west to the privately owned land west of the Gay Easton Bridge (Emelie Eaton)
There was discussion regarding the undeveloped land, the possibility of the owner giving the property
to the County and the County giving it to the city for a park, the financial pros and cons of the city
being responsible to maintain another park, possible issues and concerns for the ditch company,
forced annexation of properties that requires provision of water and sewer services, and the need for a
crosswalk and signage at the footbridge location on 12 Street.
Mayor Olson will contact the County Commissioners regarding the need for a crosswalk and signage.
o Possible date for Council Retreat (Mayor Olson)
Mayor Olson will inform Dan Clark that the council would like the retreat on Saturday, October 8
o Questions due September 13 for MDT to answer on September 27 (Mayor Olson)
Mayor Olson asked if there were any questions for Stefan Streeter.
Doug asked for information on the status of the west interchange and whether or not there would be
south exits from the interchange.
Chuck Dickerson asked for information on projects MDT has planned in the Laurel vicinity in the
next ten years.
Doug asked for information on the status of Highway 212.
Tom submitted two questions voiced to him by Scott Reiter from the school district. Scott has
concerns about the intersection of Maryland and First Avenue and the fact that the buses have a hard
time getting out into traffic there. Scott would like to know about the possibility of having a four -way
light or a four -way stop to control that traffic at that intersection. Scott also wants to know if there
could be a reduction in the speed limit from 25 to 15 mph on First Avenue during school hours
because of the traffic that comes down offthe hill and all of the children going to schools in that area.
Doug asked regarding the possibility of a stop light at Railroad Street and First Avenue on the south
side of the underpass, as it is a very congested area.
Mayor Olson mentioned that the city is working on annexation of East Railroad, since the County
completed that chip seal project.
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Council Workshop Minutes of September 13, 2011
Chuck Dickerson asked regarding the possibility of an island coming from the underpass on Main
Street where there used to be an island going to the right for a right hand turn. There was discussion
and the question whether that intersection could have a separate directional light.
o Amtrak's southern route for railroad passengers (Mayor Olson)
Mayor Olson will represent the city on a panel regarding the southern route for railroad passengers at
the Owl Cafe on October 22 He will forward the information to the council. They want him to
represent the City of Laurel.
There was discussion regarding the economic feasibility of a southern route, the pros of having a
depot in Laurel, possible parking issues, support for green space, a parking lot and a possible water
fill station, and the possible need to discuss a leasing program with MRL representatives.
Other items
Mayor Olson stated that the Election Administrator requested to know the council's thoughts on
general election by ballot. There was discussion. No response is necessary if the council agrees to a
mail ballot.
Review of draft council agenda for September 20, 2011
• Public Hearing:
o Ordinance No. 011 -08: An ordinance amending Chapter 12.36 of the Laurel
Municipal Code relating to Special Improvement Districts to comply with changes
made to Montana Law by the 2009 Montana Legislature. (First reading — 09/06/2011)
The public hearing will be on the September 20 council agenda.
The resolution for the GMP for the ambulance addition will be distributed as soon as it is available.
The Park Board has scheduled an informational meeting for the public on September 29 at 5:30 p.m.
Attendance at the September 20, 2011 council meeting
Mark will be gone next week.
Announcements
The Pacific Steel Task Force will meet at 5:30 p.m. on Thursday, September 15 in the council
chambers. On Monday, September 19 Pacific Steel's representative will meet with the task force at
6:00 p.m.
The Public Works Committee was cancelled last night for lack of items to discuss.
Tom will not attend the Emergency Services Committee on September 26` or the council workshop
on September 27 due to work responsibilities.
Chuck Rodgers stated that the Cemetery Commission did not have a quorum last night. The Legion
presented a project about building a 10x12 foot storage building to house their equipment at the
cemetery. The Commission told them to gather ideas and present them at a future meeting. Chuck
stated that a question regarding proceeding with the irrigation system came up at the meeting. The
budget included $133,000 for the project. There was a brief discussion regarding the next step in the
process. Mayor Olson and Chuck will meet with the public works director.
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Council Workshop Minutes of September 13, 2011
Mayor Olson reported that a contract for the CAO position could be presented for the council's
consideration in October.
The council workshop adjourned at 8:44 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.
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