HomeMy WebLinkAboutCouncil Workshop Minutes 04.24.2012 MINUTES
COUNCIL WORKSHOP
APRIL 24, 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 April 24, 2012.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton Doug Poehls
x Bruce McGee _x_ Mark Mace
_x_ Scot Stokes x_ Chuck Dickerson
_x Tom Nelson Norm Stamper
OTHERS PRESENT:
Heidi Jensen Kurt Lord
Iry Wilke
Steve Krum
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
There were none.
Executive Review:
• Variance request for Robertus (Planning Board postponed the Public Hearing scheduled for May 1, 2012)
Heidi Jensen explained that the notice for the council's public hearing on the variance went out with
the notice to the adjoining homeowners for the Planning Board's public hearing. On April 5 the
Planning Board tabled the item to the May 3' agenda. There is nothing for the council to review at
this time. Notice does not need to be sent to the homeowners again, as the council agenda is
published at least 48 hours in advance. Anyone that attends the public hearing for the Planning Board
will be informed of the new council date.
• Resolution — Renew CML Enhanced 911 Telephone Equipment Maintenance Contract with
Industrial Communications & Electronics
Heidi stated that Chief Musson informed her that the contract is actually with Industrial
Communications, who subcontracts with CML to help keep everything working. Industrial
Communications is the local contact, but they do not have the technical expertise that CML has.
Without the CML contract, Industrial would not be able to keep the 911 running 24 hours a day, 365
days a year. The contract is expensive at $16,000, but the cost has not increased substantially lately.
The renewal contract is paid out of the 911 Funds. The contract lists the equipment the city currently
owns and that CML will work on under the service contract. If more equipment is needed or
Council Workshop Minutes of April 24, 2012
something is needed outside of the scope of the contract, the city would be charged. With this
contract, CML does not send the city an additional bill for providing service for Industrial
Communications.
There was discussion regarding the local vs. non -local contractors.
Mark asked that the clerk/treasurer provide information regarding the 911 funds to the
Budget/Finance Committee.
Mayor Olson stated that a short summary of the funding source could be provided to the council so
the council had an understanding before authorizing depletion of the fund. Heidi will ask Chief
Musson to get the information before the next council meeting.
• Resolution — Amend job descriptions for positions at WWTP
Heidi stated that Bob Mann recently retired after 30 years at the WWTP. When going out to bid for
the position in the union, staff realized that the job descriptions still say that the operators must
possess a Class II wastewater treatment plant certification. Laurel is actually a Class I wastewater
treatment plant facility and all the employees at the wastewater treatment plant have obtained the
Class I certification. The city could not put the position out to bid in -house or advertise with incorrect
information in the job descriptions.
Heidi explained the changes in the three job descriptions. Any language referring to the Class II
certification was eliminated and replaced with verbiage requiring the position to have wastewater
treatment plant certification as required by DEQ. The position was posted in -house last Friday and is
open for five working days. If no one bids it by this Friday, the position will be advertised.
• Discussion — Citywide leases
Tom Nelson stated that three men representing two of the park leases attended the meeting, and he
asked them to speak regarding items discussed recently with the task force and activities that are
planned.
Kurt Lord, 418 West 12 Street, is a member of the Laurel Rod and Gun Club. He stated that the city
needs to figure out what is happening with the levee. Kurt stated that the Laurel Rod and Gun Club's
annual membership party is scheduled for May 19 The Laurel Jaycees have agreed to let the Rod
and Gun Club use their building for the event. The Rod and Gun Club would like to be able to shoot
trap at the trap range that day from about noon to 5:00 p.m. Kurt asked whether the water would be
turned on in the park by that time.
There was a lengthy discussion regarding the 1997 lease with the Rod and Gun Club, the issues with
the levee, the mold in the buildings, the need for the council's direction for the club's requests, and
whether the Jaycees expected payment for use of their building.
Iry Wilke, 1017 7 Avenue, is the vice - president of both clubs. He gave an explanation of trap
shooting.
There was further discussion regarding environmental issues with trap using lead, the need to clean up
the facility, and the need for a timeline to end trap shooting. The club would like trap shooting to be
allowed continuously, but they have been told that the council thinks differently.
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There was further discussion regarding liability issues, the possibility of fencing a certain area in the
park to keep the public out, and the fact that everything is a moot point unless something is done with
the levee.
Steve Krum, 249 24 Avenue West, Laurel, is a member of both clubs, was an officer for the Rifle
Club and is familiar with the liability aspects. Eight to ten years ago, the city asked the club to
become the primary insurer. The city carries $1 million in liability insurance and the Rifle Club
carries a $2 million policy to be the primary insurers and has done so since the city requested it.
There was further discussion regarding MMIA's concerns regarding the city's exposure and liability,
the possibilities for the clubs to find different properties for their use, the suggestion for a timeline to
sunset shooting in Riverside Park, the club's request to meet with the city's insurance carrier to
discuss the issues, the current and outdated club contracts, the club's exemplary track records,
concerns regarding the public shooting in the park, the issues with the septic tanks at Riverside Park,
renting port-a -pots for events in the park, a request from the Rifle Club to host the Big Sky State
Games' small bore event in July, and the need to address the Rod and Gun Club's request to have
outdoor shooting on May 19`
Mayor Olson will contact MMIA to set a meeting with the task force and representatives from the
clubs. A motion will be added to the next council agenda for the council to consider the Rod and Gun
Club's request to use the outside shooting range for an event in Riverside Park on May 19`
Heidi gave an update regarding the status of the permit from the Army Corps. After the last council
workshop, Senator Baucus' office indicated there would be a decision by April 20 Jeremiah Theys,
from Great West Engineering, and FEMA also received information that April 20 was the day.
However, Friday came and went without any word. Mayor Olson and Heidi called Todd Tillinger,
the Army Corps representative for the State of Montana, today about the city's permit. Todd
informed them that Shannyn Johnson sent the information to Helena last Friday for his review. There
is no timeline for that review. Todd will review the permit and Shannyn's decision so that the
responsibility for the large permit does not fall solely on one person. He wants to make sure there are
checks and balances within the Army Corps because of the pressure from the city's side and the
environmental side. Heidi spoke with Shannyn Johnson today about the confusion last Friday. Heidi
explained that the city has held off on applying for the DEQ 401 Permit until word is received from
the Army Corps because the $9,600 fee is non - refundable if the Army Corps does not grant the
permit. Heidi informed Shannyn that she exceeded the 120 -day limit for an Army Corps permit, as
the application was submitted in November. Shannyn told Heidi that there is no timeframe for the
Army Corps. The application was delayed because the EPA sent the five comments that Jeremiah
responded to in the PER. Todd is usually quick with his review, and Shannyn could issue something
soon after she receives his comments. However, no timeframe was given. Shannyn thought that the
application looked good and that the information was complete.
Heidi mentioned that Commissioner Kennedy talked to the DEQ last week. The city's 401 Permit has
been submitted to DEQ and Mr. Opper, the bureau chief, has the application on his desk. The DEQ is
just waiting for the fee to process the application. Jeremiah Theys is confident that that permit will be
granted, as well as the permits from Fish, Wildlife and Parks, the DNRC and another DEQ permit.
Once the Army Corps permit is granted, even a provisional Army Corps permit, final design will start
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that day and the city will apply for the 401 permit. The city will go out to bid, stating in the contract
that the project cannot start until all permits are received.
Other items
There were none.
Review of draft council agenda for May 1, 2012
• Ordinance No. 012 -02: An ordinance amending Chapter 8.12 titled "Nuisances" located at
Title 8 of the Laurel Municipal Code. (First reading — 04/03/2012; PH — 04/17/2012; Second
reading — 05/01/2012)
A motion regarding the Rod & Gun Club's request for May 19 will be added to the council agenda.
Attendance at the May 1, 2012 council meeting
All council members present will attend.
Announcements
Mark spoke regarding a recent meeting with Dave Mumford, the Public Works Director in Billings.
Dave is the chairman of an organization of cities that deals with the standards for wastewater and how
the changes are not achievable. He is proposing that cities join together to start to fight back and
wants to start a dialog with Laurel, Roundup, Big Timber, etc. Mark asked Mayor Olson and Heidi to
review this issue. Information will be given to the council as it becomes available.
Chuck Dickerson asked regarding his recent question about a resident that wanted to cut weeds that
are growing in the gutters and stopping water flow.
Heidi explained that she posed the question to the city attorney, who said that the city cannot stop the
public from doing that. However, he would like the city to know when they were working so they
could be covered under the workers' comp insurance.
Chuck stated that the resident has a power edger to use and would take responsibility. Chuck will
contact the clerk/treasurer to let her know when the resident will do the work.
Chuck requested that city address the potholes on 13 Street from Valley Drive down to the park.
Mayor Olson will inform the Public Works Department.
Scot asked regarding the speed limits on East Railroad Street.
Heidi explained that East Railroad is a State designation, and since the city received Federal funds for
the road, the speed limit has to go before the Speed Study Commission. The speed limit issue is on
the Commission's agenda for the May meeting to discuss whether they would allow the city to change
the speed limit.
Mayor Olson stated that the Aviation and Technology Week kickoff and planning breakfast is
scheduled on May 18"', at 8:30 a.m., at the high school. The council is welcome to attend.
Chuck thanked Heidi for attending the council workshops, as he has found her input and answers to
questions to be very helpful and beneficial. Several council members readily agreed.
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Council Workshop Minutes of April 24, 2012
Mayor Olson stated that LURA has enlisted the help of Ann Clancy to work on a five -year plan. The
council was asked to complete a short survey to assist with the five -year plan.
Mayor Olson read a letter of resignation from Norm Stamper, Ward 4 alderman.
Mayor Olson expressed appreciation for Norm's service on the council for the past seven years.
Since the resignation is effective immediately, the vacancy will be advertised in the Laurel Outlook
next week. He asked the council to encourage anyone in Ward 4 who would be willing to serve to
contact the city.
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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