HomeMy WebLinkAboutCouncil Workshop Minutes 01.10.2012 MINUTES
COUNCIL WORKSHOP
JANUARY 10, 2012 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 January 10, 2012.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton _x_ Doug Poehls
x Bruce McGee _x_ Mark Mace
_x_ Scot Stokes _x Chuck Dickerson
_x Tom Nelson _ Norm Stamper
OTHERS PRESENT:
Heidi Jensen Chad Hanson, Great West Engineering
Kurt Markegard
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:
• Swearing in ceremony: Scot Stokes and Norm Stamper
Norm Stamper was not present.
Judge Jean Kerr performed the swearing in ceremony for Scot Stokes.
Mayor Olson welcomed Scot to the Laurel City Council.
• Appointments:
o Laurel Police Reserves: Andrew Sanders, Dane Yeager, Nathan Contreraz, Nathan
Miller
The appointments will be on the January 17 council agenda.
o Laurel Fire Department: Justin Laughery and Brandon Rogge
Jason Ness introduced Justin Laughery and Brandon Rogge. The appointments will be on the January
17 council agenda.
Executive Review:
• O'Reilly Subdivision — Public hearing (January 17, 2012) and council decision on the
subdivision and variance
Council Workshop Minutes of January 10, 2012
Heidi Jensen spoke regarding the O'Reilly Subdivision, which is the property located going west on
Southeast 4 Street right before the curve going to Walmart. The property is an odd shaped lot. The
subdivision is to split the lot in two and two variances are requested with the application. One
variance is for a rear setback decrease of two feet requiring the back to be only 8 feet. The second is
for a parking stall width and length from 20 feet to 19 feet and from 10 feet to 9 feet. The Laurel
Planning Board reviewed the application on January 5 and voted unanimously to approve the
variances on the whole lot, which is what Heidi asked the council to consider. That way the variances
would follow the property and not each lot because the lots are a strange shape and the lot next door is
going to be developed commercially. The potential interests for the lot would ask for the same
variances, so it would be easier to keep the variances with the lot. The subdivision is the split of the
two lots. Heidi did not include the site plan for the building in the application as the subdivision is
just based on the lot split and the merits. The council does not need to get involved in the details that
the Building and Planning Departments are working on with the applicant for the building. The staff
report included the variance request, the procedural history, plat information, alternatives analysis,
proposed conditions of approval, stakeholders, proposed findings of fact, conclusions of findings of
fact, and the recommendation of the planning staff.
The city has been meeting with the applicants for months to make sure that the application was
complete. The whole lot is 1.3 acres so each lot will be just over half an acre, and the O'Reilly
building will be about 6,000 square feet. The conditions of approval are standard. The first condition
is that the applicant understands they have to work with the Public Works Department, the Planning
Department, and the Building Department to make sure that any utilities or utility easements are taken
care of and are shown on the final plat. The second condition talks about Subdivision Improvements
Agreements (SIA). Heidi stated that there could be some minor changes to the SIA. The third
condition is to make sure that the final plat meets the requirements of the City of Laurel and the State
of Montana.
The public hearing is scheduled on Tuesday, January 17 Heidi asked the council to waive the two -
week waiting period and to vote to approve, to conditionally approve or to deny the subdivision at that
meeting.
Pages 3 through 7 of the staff report reviewed the requirements for MCA 76- 3- 608(3)(a) regarding the
effects of local services, natural environment, and everything that goes along with a summary of
probable impacts that must be submitted with a subdivision in the State of Montana. The Summary of
Probable Impacts and the Storm Water Management Plan were attached to the staff report. The
Public Works Department has reviewed the documents.
Heidi stated that the lot is a strange shape and two oil pipelines run through the property. It is
impossible to build on top of the oil pipelines but it is acceptable to pave on top of them, so it
configures the property in a strange way. An exhibit of the subdivision plat was included in the staff
report.
There was a question regarding the request to waive the two -week waiting period. Heidi explained
that O'Reilly's ran the subdivision application concurrently with the site plan in the Building
Department, so delaying the council's decision would hold up the building permit. It would be
advantageous for O'Reilly's and the City of Laurel to allow the project to go forward, if the council
chooses to do so.
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Council Workshop Minutes of January 10, 2012
There was a question whether the lot was always two lots. One parcel is being split into two lots.
There was a question whether the property is hooked up to the storm water system on Southeast 4
Street, whether the property is within the TIF District, and if they have made all the necessary cuts in
the street. The lots are hooked up to the storm water system, the property is located in the TIF District
and cuts will be needed in order to relocate the storm drain to move the inlet in the curb and realign it
with the manhole. However, this street section was not repaved with the Southeast 4 Street project.
Rich Jensen and Darrell Magnuson, representatives of KLJ, were available to answer questions
regarding the project.
There was a question about the Exxon oil pipeline and whether compactors could be run over it.
Heidi stated that, if the council chose to approve the request conditionally with the staff report
findings, the people that purchase the west lot would have to deal with the parking lot issue. The
prospective buyer and the architect and engineer have a plan for it.
There was a question about whether the architectural design would fit in with the current buildings on
Southeast 4 Street. Heidi stated that the city can request that, but there are no architectural review
standards in the City of Laurel so the city cannot force them to do anything.
• Great West Engineering: Preliminary Design Report — Wastewater Treatment Plant
Chad Hanson, Great West Engineering, stated that he has been working with the City of Laurel on the
upgrade for the Wastewater Treatment Plant. He distributed copies of the Preliminary Design Report
and encouraged the council to read the Executive Summary and Table 1.8 -3, which is an evaluation of
the biological nutrient removal (BNR) treatment alternatives.
The Preliminary Design Report identifies design criteria and design parameters required to meet the
current permit and pending regulations. The engineers asked five manufacturers that make oxidation
ditches for estimates, and four manufacturers provided estimates. The engineers also reviewed a site
specific design, which would reuse the existing basins for the RBC's and has some other advantages.
Chad stated that Great West's recommendation is the site specific design. He spoke about the
advantages of the site specific design, including new technology of high speed turbo blowers that are
70 to 80 percent more efficient than traditional blowers. Since the blowers on these systems represent
70 to 80 percent of a power bill, that would be a huge savings in energy costs for the city. Reusing
the RBC basins would save on some concrete and space. The site specific design is the least
expensive to construct, but it is the most expensive to design. However, the decrease in construction
should be more than the increase in engineering.
Chad and Kurt have been reviewing the E -Plus Programs through NorthWestern Energy. The VFD's
that will be put on the new pumps are eligible for $100 per horsepower and might actually pay for the
VFD's entirely. They are finding out what is needed for a specific report on the high efficiency
blowers, and NorthWestern Energy has engineers that prepare the studies at no cost to the city. Red
Lodge had almost 60 percent of their new high efficiency blowers paid for when theirs were redone.
Chad will attend the January 31 council workshop to answer any questions and to present the
preliminary cost estimates and scope to go into final design. He again mentioned that Table 1.8 -3
showed the four proprietary systems and the site specific system.
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Council Workshop Minutes of January 10, 2012
There was discussion regarding scheduling a special council meeting following the council workshop
on January 31 for the council to consider approving a task order with Great West Engineering for the
final design of the project. The project needs to go forward in order to meet the city's June 30, 2013
deadline to meet the permit requirements.
• Resolution — Budget Amendments
Mayor Olson stated that the budget amendments are for the Group Health Insurance Fund, the
Permissive Health Insurance Fund, the Energy Efficiency Grant, and the Capital Projects —
Streets/Sidewalks for SID No. 113.
There was a question regarding governmental funds. Mayor Olson stated that governmental funds are
General Fund monies. There was further discussion regarding the budget amendments, including the
Energy Efficiency Grant and the Capital Projects. The city will submit additional paperwork for the
Energy Efficiency Grant in order to get the $128,000 reimbursement from the State of Montana.
• Proposed 35 mph speed limit on East Railroad Street
Heidi explained that Sam has been reviewing Section 61 of Montana Code Annotated and that staff
will continue to work on the issue.
• Discussion regarding service on boards /commissions/committees
Mayor Olson stated the need to reevaluate the boards, commissions, and committees and he gave an
overview of them.
Doug encouraged the council members to contact him regarding service on council committees and
any changes that might be made.
There was discussion regarding the need for a chairman for the Cemetery Commission and the Park
Board. There was further discussion regarding the appointments on the City - County Planning Board,
the number of council members that could serve on a board, and the Yellowstone Historic
Preservation Board, the Yellowstone Conservation Board.
Other items
Heidi spoke regarding scheduling a special council meeting on January 31 following the regular
council workshop for the council to consider a task order with Great West Engineering for the final
design of the for the Laurel Wastewater Treatment Plan. Chad will provide more information at the
council workshop on January 31
Heidi stated that the city received a letter from ExxonMobil on December 29 stating that they would
be finished in Riverside Park no later than January 15, 2012. The city immediately called Sam to find
out what needed to be done about Williston Basin, as they are operating under the Exxon contract for
the park closure and any boring, pipe pulling and anything else done in the park. Williston Basin
responded today and submitted the same Temporary Construction Easement that Exxon operated
under, with the exception of the names and the payment amount. Williston Basin wants to pay a total
of $2,000 for use of the park from January 17 to March 2' ". ExxonMobil paid $1,200 a day to keep
the park closed.
A map attached to the Temporary Construction Easement indicated the area of the park that Williston
Basin would like to close. They want to put a construction fence up to keep people out of that area.
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Council Workshop Minutes of January 10, 2012
Williston Basin would stay within their current easement to pull their pipe through, but they would
need the hatched area on the map to store the pipe and do any digging.
The city's question to Williston Basin was to explain how their project is different than Exxon's
project. One of the city's greatest concerns was keeping people safe in Riverside Park. With a big
trench and a big hole in the park, the city did not want anyone in the park because of possible
liabilities. Exxon had an extenuating circumstance to keep the pipe secure for the Department of
Justice. The city's biggest concern is keeping the park closed for public safety. Williston Basin has
not answered the question as to how their project is different, other than they say the whole park does
not need to be closed but only the hatched area. Williston Basin does not think they need to pay the
city more than the one -time payment of $2,000. Heidi asked for some direction from the council.
There was a lengthy discussion regarding: concerns that the travel lane in the park is in the proposed
work area; liabilities for the City of Laurel and/or Williston Basin; the need for the clubs to have
access to the buildings; the timeframe needed for Williston Basin to complete the project; Williston
Basin's current easement and the need for space to store the pipe; the precedent set with the
agreement with Exxon Mobil; the statement that Williston Basin does not have the money to pay
$1,200 /day; and the ongoing inconvenience for the public not to be allowed in Riverside Park.
Mayor Olson stated that, as much as the two incidences can be compared, they are two distinct issues.
Exxon had to get a new easement because they were not within their 1981 easement. Also, Exxon
Mobil had to close down the park to ensure security of the material they were taking out, as their
chain of evidence was not to be broken. Mayor Olson stated that the park should be available for
citizens to enjoy. He spoke regarding the $1,200 a day assessment, the liability accepted by Williston
Basin, the installation of a snow fence, and the proposed $2,000 payment by Williston Basin.
There was further discussion regarding the timeframe for Williston Basin to be in the park,
ExxonMobil's use of a large area in the park for equipment and materials, the suggestion to charge
Williston Basin on a comparable percentage basis according to the park area closed for their usage,
continued closure of the park, legal counsel's review of the agreement, the suggestion to leave the
"Park Closed" sign up during the project in order to control the number of people in the park, the
daily phone calls the city receives about Riverside Park, the need for the clubs to have access to their
buildings in Riverside Park, and the installation of the orange construction safety fence to keep people
away from the riverbank and the boat ramp.
Kurt stated that Riverside Park is a citizen park and it is his job to make it as safe as possible to let the
citizens and the groups and organizations back in the park.
Doug suggested that city staff work together to work out an agreement with Williston Basin.
There was discussion regarding the length of time Williston Basin expects the project to take. Heidi
said they thought it would take seven days from start to finish to bore under the river and to hook the
pipe to the valve. As long as the ground does not freeze, they can move pretty quickly, but the March
2' d deadline is just in case it does freeze.
Heidi stated that that she understood that the council would like staff to work on a definite per day fee
based on a percentage of the park area being used. She asked for direction regarding the March 2°'
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Council Workshop Minutes of January 10, 2012
deadline. As long as access is provided to citizens and the construction area is cordoned oft the
proposed March 2 deadline seemed to be acceptable at this time.
Review of draft council agenda for January 17, 2012
• Public Hearing: O'Reilly Subdivision and variance
A resolution for an agreement with Williston Basin will be added to the council agenda.
Attendance at the January 17, 2012 council meeting
All council members present will attend.
Announcements
Doug will be unable to attend the council retreat on Saturday.
Mark mentioned that the Public Works Committee recently toured the completed remodel project at
the water plant. He was very impressed with the improvements, which included a first class lab to test
the water. He suggested that the council tour the facilities some time soon.
Chuck suggested that the council should tour the new ambulance facility soon.
Heidi stated that the ambulance building should be completed soon. The inside of the ambulance
building should be painted this week. They are planning to be finished by the first week in February,
so a tour could be scheduled in mid to late February after the furniture has been moved in and the
department is settled in. An open house will be scheduled sometime in March.
Emelie will be unable to attend the council retreat on Saturday.
Mayor Olson stated that he will provide Tom with information he requested about the benefits
committee after he talks to Dan Clark about it. He will also ask Dan Clark about the council's current
process of holding a public hearing and then waiting for the next council meeting to make a decision
on the issue. Other cities do not have the two -week waiting period. An ordinance would be needed to
change the process.
The council retreat will start between 8:00 and 8:30 a.m. with coffee and rolls and the retreat will start
at 9:00 a.m.
The council workshop adjourned at 7:55 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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