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HomeMy WebLinkAboutCouncil Workshop Minutes 06.12.2012 MINUTES COUNCIL WORKSHOP JUNE 12, 2012 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Council President Poehls at 6:30 p.m. on June 12, 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 x Bill Mountsier OTHERS PRESENT: Heidi Jensen Sheri Phillips Shirley Ewan Kat Stokes Jean Kerr Steve Krum Monica Plecker Dan Koch Brent Peters Dick Fritzler 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. Kat Stokes, 1135 9 Avenue, asked regarding an agenda item for the city judge's wages in the budget. Heidi stated that the court budget would be presented tonight. Kat stated her personal issue that the city judge is the lowest paid city judge in the region. She finds it disgusting that a first -year teacher in the City of Laurel can make more than the city judge and thinks that the judge's job is very serious as far as putting her life in jeopardy. General items: • Swearing in Ceremony — Bill Mountsier, Ward 4 Council Member Council President Poehls did the swearing in ceremony for Bill Mountsier. • Appointments: o Laurel Fire Department: Jason Penne Chief Peters introduced Jason Penne, who took a short leave of absence after serving ten years on the fire department and has requested to return to the department. After approval of his reinstatement, the department would have 42 members out of a limit of 45 members. • Laurel Airport Authority o Reappointment of Randy Hand to a 5 -year term ending June 30, 2017 Council Workshop Minutes of June 12, 2012 • Board of Appeals o Reappointments of Bob Western, Marvin Carter and Miles Walton to 2 -year terms ending June 30, 2014 • Cemetery Commission o Reappointments of Scot Stokes, Wallace Hall and Chuck Rodgers to 2 -year terms ending June 30, 2014 • Tree Board o Reappointment of Sue Carter to a 3 -year term ending June 30, 2015 o Appointment of Aaron Christiansen to a 3 -year term ending June 30, 2015 • City - County Planning Board o Reappointment of Greg Nelson as the Member -at -Large for a 2 -year term ending June 30, 2014 o Reappointment of David Schrader as a Mayor appointment for a 2 -year term ending June 30, 2014 o Reappointments of Dan Koch as a Council appointment for a 2 -year term ending June 30, 2014 and Dennis Eaton as a Council appointment to a term ending June 30, 2013 • Library Board o Appointment of Rose Marie Kline to a 5 -year term ending June 30, 2017 Council President Poehls reviewed the appointments, which will be on the June 19 council agenda. Executive Review: • Resolution — Amendment No. 1 to Task Order No. 22 for Riverside Park Bank Stabilization • Resolution — Task Order No. 25 for WTP Intake Emergency Response Plan • Resolution — Task Order No. 26 for new WTP intake Heidi Jensen stated that the three resolutions are tied together. In last Tuesday's conference call with FEMA, they stated their decision regarding funding a new water plant intake and putting the bank back where it is instead of pushing the bank into the river. The city has had numerous discussions with FEMA explaining our position in wanting to push the bank back out, but this is their final decision. FEMA asked that Great West come up with emergency plans so, if in August or September when the river is low and the intake becomes high and dry, the city has an emergency action plan. FEMA also asked that Great West provide alternatives for the water intake and to continue working on the Riverside Park bank stabilization plan for which they did the PER. The task order originally given to Great West only included the bank stabilization and did not include who was willing to pay for it. The new task order is needed so the city can get reimbursed for the work that Great West is doing and for part of the expense in the PER. The city wants to make sure that the task orders are clearly defined and exactly what FEMA wants so that money can start coming back, as the city has expended a lot of time and resources on this project. There was discussion regarding the information used to prove a loss of function of the water intake, the emergency event in January when the raw water was turned off and treated water had to be used at the refinery, the mapping system used to show that the river reached a low point that affected the Laurel area, the ongoing issues with scouring in the river and the intake, and Kurt's work on the mapping system. 2 Council Workshop Minutes of June 12, 2012 There was further discussion regarding the current water intake, FEMA's possible financing of a new water intake, and the need to get a written document of FEMA's intent. • Laurel Rifle Club — Request for outdoor shooting during Big Sky State Games in July Steve Krum requested use of the Laurel Rifle Club's outdoor range for a small bore shooting event during the Big Sky State Games in July. He spoke regarding the club's use of the outdoor range with previous leases for the past 50 years, the current process of reviewing the leases and future use of the shooting range, the club's $2 million liability insurance policy, the club's range rules, and the upcoming event. A week prior to the event, the club cleans up the outdoor range and allows the shooters to practice on the range. There was discussion regarding safety concerns with having extra people in Riverside Park. Steve stated that most of the people are for the 5K and 10K runs down Thiel Road. There are few spectators, and the runners run in the race and then return to their cars and leave. The shooting event is not a spectator sport either, so the number of people would be minimal. The event is scheduled on Saturday, July 21 from 7:00 a.m. to 2:00 p.m. The club would set up the shooting frames at 7:00 a.m. and the event would be over by 2:00 p.m. One match is scheduled in the morning and another is scheduled right after lunch. The task force will continue working on the club leases. • Resolution — Robertus variance request Heidi stated that there were questions about the variance request last week and the vote was withheld. City Planner Monica Plecker was available to answer questions. Emelie explained that she voted no because there was a request that the house face east, which it would normally face Colorado. She reviewed the Planning Board minutes and did not find any question about it facing east, as it was always going to face East 11 Street. Monica stated that, when Mr. Robertus went to the Planning Board, there were several questions regarding the construction of the home. It was always stated from the beginning that the house would face East 1 1th Street. There were always some questions about access. East 11` is completed almost right to his property. Some of the Planning Board's discussions centered on whether or not there was street frontage with the house at just the right angle. The Planning Board also agreed that there was a higher chance of East 11 being completed sooner than Colorado. There are several issues with the right -of -way narrowing down and, if Colorado were to go through, there is a structure that it would have to go through. Monica stated that there are reasons behind the conditions. Emelie commented that she voted no because there was no one to comment on his request, and she did not feel comfortable allowing the council to say yes because he had asked. There was further discussion regarding the request, why the city would allow a house with an alley entrance and no street, the conditions as recommended by the Planning Board, and possible amendment of the conditions if the council chose not to require the house to face East 11 Monica stated the council's option to ask the Planning Board to reevaluate the variance with the new request. 3 Council Workshop Minutes of June 12, 2012 There was further discussion regarding the water and sewer connections in this location, whether the city could be forced to develop Colorado Avenue before East 11 Street, and that the Planning Board and/or the building department can dictate which way houses face. • Budget Reports Heidi explained the budgeting process that was implemented for the 2012 -2013 budget in order to make sure everything was as detailed as possible. Line items had expenditures listed but did not provide an explanation as to what was being purchased. Department heads thought they were fine as long as their budgets did not go over the bottom line, but Heidi felt more attention was needed for each specific line item. The items in the 100 level of a fund are for salaries, life insurance, federal and state income taxes, etc., and are not managed by department heads. Everything in the 200's and down is controlled by the department head. The detailed line items were done in Excel and then entered into Black Mountain by the clerk/treasurer. Heidi stated that this should be an easier budgeting process because the department heads will know exactly where they need to move the money around in the future. It will be easier for the council to see the detailed budget and understand where and why they need increased expenditures or decreased expenditures in the future. CAO Heidi stated that most of the CAO budget was allocated to the expansion of the FAP building last year. She had a small budget in this department and used the planning and transit budgets to offset until she could no longer continue doing both positions. City Court Budget Heidi stated that the judge is asking for a wage increase for herself. The council was provided documentation that the judge submitted with her budget and a dismissal and case from the City of Bozeman. The city attorney provided an opinion on the information that the judge submitted. The prosecuting attorney is a contracted attorney and is not included in the court budget. Jean Kerr stated that she met with Heidi, Shirley, and Mayor Olson to review the court budget and it was confirmed that the expenses in the line items were within reason. Jean stated that the issue is the clerk's and the judicial wage. Jean stated that the prosecuting attorney is not in the court's budget. Three divisions of government are defined by the U.S. Constitution and the Montana Constitution. The prosecuting attorney is not in the judicial system but is in the executive branch and represents the city. Montana Code Annotated 3- 11 -301 states that the city attorney will prosecute all cases of the violation of any ordinance and prosecute, conduct and control all proceedings in all cases, both in city court and on appeal to district court. Jean spoke regarding changes in Laurel City Court since 1998, when she got on the bench. In 1997, there was one court session a week, there were very few trials, and no civil services were given. Restraining orders and civil cases were sent to justice court in Billings. After she got on the bench, court sessions were changed. There are three open court sessions a week, which are well attended. Two days are set aside for trials, both bench and jury trials. The court provides all services, including criminal and civil. The court does restraining orders, landlord/tenant issues, and any other service. Jean stated that she is on call 24/7 and at times even the clerks have been called. She receives calls after hours and in the middle of the night. The court is very busy, crime is on the rise, and cases of 4 Council Workshop Minutes ofJune 12, 2012 violence, assaults, drugs and alcohol are on the rise. As laws change and the Supreme Court makes rulings, more intense schooling and paperwork are required. Jean spoke regarding the number and size of present cases. The court has seen ramifications from the Bakken oil boom and from cleanouts at the refinery. There have been cases of illegal aliens in Laurel. Jean stated that the court jobs cannot be compared to anyone because they are so specialized. Jean spoke regarding the court and the General Fund. After surcharges were taken out, the court turned in $177,619 to the General Fund in 2010 -2011. After court expenses of $144,984, a surplus of $32,635 was turned over to the General Fun. As of May 2012, the court has turned in $193,476 to the city. At the end ofJune, the surplus should be $45,000 to $50,000. Jean stated that, with the tenacity of the court and their ethics, they deserve raises. The budget includes one full -time clerk and one 3 A-time clerk, but she asked for two full -time clerks. At the budget meeting, she was told that she could have one full -time clerk and one half -time clerk if she wanted a raise. She spoke regarding the need for the clerks, the retirement of Chris Shay, the overtime worked by the current clerk, the need for the judge to do some clerk duties at this time, union issues, and concerns regarding keeping up with accounts receivables, file maintenance, and grant writing. Jean spoke regarding the court dockets, which are individual cases. As of June 8 the court was on docket #700. In 2011, the court was on docket #700 on August 17 In 2010, docket #700 was on August 19 In 2009, docket #700 was reached on 9/11/09. In 2008, docket #700 was reached on 8/12/08. She explained the cause and effect of the police department receiving grants for extra traffic shifts. The grant does not include extra wages for the court for the extra work. There are more police officers on the force now than in 1997, and that also has a domino effect on the court's caseload. Jean addressed questions regarding her hours. She stated that she is salaried, has no longevity, no sick time, no comp time, and no vacation time. She is told that she is a part-time judge. If she is a part- time judge and works 20 hours a week, she will call in a substitute judge when needed. Or if the council raises her wages, she needs to know expectations of hours. She stated that her job does not end, as her phone starts ringing at 7:00 a.m., she takes work home in the evenings and on weekends, and she receives phone calls in the evening. She quits answering the phone around 9:00 p.m., but has been called at 3:00 a.m. to answer an officer's question or to do a search warrant. Jean stated that compensation is needed for her job. She spoke regarding budget concerns, salary increases for other employees, positions that have been created or redefined, purchase of new equipment and the funding for such items. She asked for fairness and consideration for the court to be reimbursed for the effort and ethics they put in. There was discussion regarding the judge's current salary ($31,248.50), the average number of hours worked in a week (3.5 days a week and eight hours of work done at home), the extra hours she puts in while the court has had one court clerk, the request for a salary increase to $48,000, and the request for two full -time court clerks. Regarding the request for retroactive longevity, vacation, sick leave, vacation and comp time, Heidi asked the council to refer to the city attorney's memo and opinion. No elected official receives longevity pay at this time, and the only elected officials that currently receive insurance benefits are the mayor and the judge. 5 Council Workshop Minutes of June 12, 2012 Scot commented that Jean is one of the least paid people out of everybody in the city. Jean agreed and stated that the librarian is at $39,000, but she does not deal with all the anger and the scariness that the court does. Heidi referred to the distinction, as stated in the city attorney's memo, that the judge is an elected official, is not a department head and is not an employee of the city. Jean stated that she manages two clerks who are accountable to her. There was a question regarding the court clerk positions. Heidi stated that the job descriptions were recently renumbered. The Court Clerk and Court Clerk II positions became Court Clerk II and Court Clerk III positions. The new Court Clerk I job description was submitted to the union for approval. The city received the memorandum of understanding from the union yesterday, so an amendment to the union contract will be on the June 26 workshop for the July 3rd council agenda. Once that has been approved, the court clerk position can go out to bid. City Clerk Budget Shirley Ewan stated that the budget increased $800 or $900 but there were no major changes. The contract services decreased from $23,000 to $20,500. Shirley explained that some costs are divided between departments. Since she deals with water, sewer, garbage and the other departments, her time is split as follows: 32% in the General Fund; 6% in the Streets; 1% in Gas Tax; 1% in Transit Grant; 32% in Water; 20% in Sewer; and 8% in Solid Waste. At one time, the utility clerk was paid out of the General Fund, but her time is spent on water, sewer and garbage bill issues. The utility clerk has been split in 25% in the General Fund, Water Fund, Sewer Fund and the Solid Waste Fund. Costs for other employees could possibly be split into other funds in the future. Fire Inspections Heidi stated that the budget was the same as last year. Chris attended a fire training school in Las Vegas and is now a certified fire inspector. Gary is the fire marshal, but Chris is now legal to sign off on any inspections for the city. The budget stayed the same to provide continuing education and to maintain certifications. Building Department Heidi stated that the Building Department's budget also stayed the same. Building permits are still down, but management is looking into that. Gary is the building official and Chris is also a building inspector. Code Enforcement /Safety Heidi stated that Chris Rosenberg is the city's safety administrator, as well as the code enforcement officer. This budget worked well last year and nothing was changed. Chris will be obtaining his plumbing certification this year, as required by his job description, and will be able to inspect plumbing for the city. 6 Council Workshop Minutes of June 12, 2012 Ambulance Heidi presented the ambulance budget, as Jan was not able to attend. There is a significant increase of 332% in the operating supplies from last year to this year. The government is requiring that radios be swapped over to narrow band, so that is the greatest expense in operating supplies. The mayor, clerk/treasurer, and CAO are reviewing whether to move the radios into the CIP fund. The FAP has to go to narrow band radios, which is a large hit for the city, but it is required by the federal government. The ambulance clothing and uniforms line item has increased, as the city has to provide shirts and pants for new volunteers. The ambulance has contracted services with AMR, Forte and Sole Stone. The greatest contract increase was with Forte. The ambulance was required to go to electronic medical records and the ambulance purchased the Ipads and the Forte software that were required. The annual maintenance is in the ambulance line item. Heidi explained that $30,000 of debt services is coming from the General Fund to offset a huge overage on the FAP construction. The $30,000 is included in the debt services and will be transferred from the CIP. The ambulance department would not be able to make the payments for the year if the General Fund did not help, as the overage for the construction was so great. Even with the ambulance's increased rates, there was no way it could be paid. To offset that, the CIP will help the ambulance for the next couple years with $30,000. There was discussion regarding the federal requirement to change the radio bands before 2013, the construction issues with the FAP addition, the guaranteed maximum price (GMP) for the building, and the additional $100,000 costs that were incurred over budget for the FAP addition. Planning Department Monica Plecker stated that there were few changes in the planning budget. The planning department has the task of updating the city's outdated Growth Management Plan. Costs for mapping services and printing the GMP were included in the budget. The budget also includes funds for Monica to attend building school to become a building inspector. There was discussion regarding the Growth Management Plan. The GMP is more than ten years out of date and the state requires that it be updated every five years. Monica and the group that is taking on the task have decided that the previous growth plan is incredibly out of date, as a lot of the information is not even applicable and they are starting over. The process was started in March and the final product could be adopted around this time next year. Transit Grant Monica stated that the Transit Grant has not formally been approved by the state yet. If the grant is still the same, help will be needed from the General Fund to keep the bus service afloat. The city is trying to increase the ridership and make more agreements. The grant should be approved in the near future. Heidi stated that the Library, Fire Department, Police Department, and part of Public Works budgets will be presented on June 26 Some of the Enterprise Fund budgets will be presented in July. . • Resolution — Support funding of the Local Government Center at MSU Heidi explained that the Local Government Center was not funded by the legislature in the last session and the Local Government Center is seeking funding again through the state. The resolution of support will be on the June 19 council agenda. 7 Council Workshop Minutes of June 12, 2012 • Resolution — MOU with Adult Resource Alliance of Yellowstone County Heidi stated that the Adult Resource Alliance of Yellowstone County was formerly the Yellowstone County Council on Aging. The city signed the same MOU with them last year. The bus driver is paid through the Adult Resource Alliance of Yellowstone County, they pay for some repairs on the bus, and they pay for 60% of the fuel used when a senior rides the bus. That is a huge offset for the city after the 54% that the state pays. Heidi encouraged the council to approve the MOU and to keep the transit system running. • Resolution — Landfill Use Agreement with the City of Billings Heidi stated that the standard agreement is presented annually to allow the City of Laurel to transport solid waste into Billings. The cost is $18.00 a ton. • Resolution — Elk River Law Office contract Heidi stated that Elk River submitted an attorney's contract for the next two years. There was discussion regarding the costs and hours of service. Heidi explained that the contract includes 36 hours of service per month, which is approximately 8 hours a week. She has tried to "bank" as much time as possible for the police negotiations with the 303 Union. The CAO and city attorney communicate via email, phone and meetings at the attorney's office in Billings, and the city attorney is accessible to city staff when needed. • Resolutions — Fire District Contracts This item was removed from the agenda and will be presented at the council workshop on June 26 • Resolutions — SRO Contracts This item was removed from the agenda. Heidi recently met with Tim Bronk, the school superintendent, and the school is debating on how much they will be able to fund the SROs. There was a balance last year that the school could not fund and the city absorbed it. The SRO contracts will be on the June 26 council workshop agenda. • Council Issues: o Discussion — Procedures and policies regarding reserving park shelters (Emelie Eaton) Emelie explained a recent issue at Thomson Park between the Garden Club and the Bountiful Baskets group. She asked for an explanation regarding reserving park shelters. Heidi stated that the Park Shelter Reservation form used by the Public Works Department office was distributed to the council. The form explains how shelters and parks are reserved and reservations are handled by Cheryll Lund in the Public Works Department. A picture of a sign that the City of Billings uses in its parks was distributed. There used to be a sign in Thomson Park, but it was vandalized and torn down and never replaced. Signage will be placed in the parks where reservations can be made. Bruce asked regarding reservations for the community room in the FAP building. Heidi stated that the community room is reserved through Cindy Allen in the clerk's office. The master calendar is kept at city hall and reservations are listed on a calendar in the community room. 8 Council Workshop Minutes of June 12, 2012 There was further discussion regarding the ambulance personnel's concerns about the ambulances being exposed to people who use the community room, location and use of the kitchen and bathroom areas, construction of the FAP addition, the fact that the community room has always been clearly defined as a community room, the need to rope off the ambulances to keep people out of the area, the need for signage on how to reserve the community room, and charging a reservation fee to set aside funds for new furniture for the room. There was a question regarding the status of the water meter issue. Heidi stated that the city attorney is still working on the issue. At some point, the council may have to move forward with the documents. Other items Council President Poehls stated that a council meeting is scheduled on July 3 which is when some 4 of July events are scheduled. There was discussion about changing the council meeting from Tuesday, July 3 to Monday, July 2 in order to accommodate the scheduled events. The council had no problems with that, and the council secretary will find out if a vote is needed to change the meeting date. Chuck asked for an update regarding the skate boards on Valley Drive and First Avenue at the council workshop on June 26m. Review of draft council agenda for June 19, 2012 There was no discussion. Attendance at the June 19, 2012 council meeting There was no discussion. Announcements There was no discussion. The council workshop adjourned at 8:10 p.m. Respectfully submitted, Ze://e 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 Park Shelter Reservations — Thomson Park and Lions Park (South Pond) 1. Look on the calendar (for the correct shelter) and see if the date is open. We only take one reservation per day so if the date is filled in it is not available. Date is filled in for the date they want. 2. They come in and fill out a form. 3. They pay the $25 fee and we sign the form (Public Works Dept. approval). 4. Fill in the date paid information on the bottom of the form, make a copy of the form and give them a copy. They are told they need to take the form with them to the Park to show they have reserved it (we don't post anything at the park) 5. Send them to the Water Office to pay the $25 fee. 6. Place original in the right side of the book. 7. If they are renting Thomson Park they will need to come get a key to the shed for the tables and chairs. (this is all explained on the form) They can check out the key 2 days prior to their reservation. 8. They can drop the key in the water office drop box located on the front of City Hall or bring it up to the Public Works department. 9. If they are having beer at their event they need to take their copy of the form to the Police Department (215 W. First) to have it signed by the police. CITY HALL City p� Laurel 1 l5 W. 1st St. PUB WORKS: 628 -4796 �\ PWD FAX: 628 -2241 P.O. Box 10 �0� WATER OFFICE: 628 -7431 'Miggitimr WTR FAX: 628 -2289 Laurel, Montana 59044 MAYOR: 628 -8456 DEPARTMENT THIS PAPER IS PROOF OF YOUR RESERVATION — AND IS TO BE BROUGHT WITH YOU ON THE DAY YOU RENT THE SHELTER Laurel City Park Reserved Space Permit and/or Beer Permit Name of Individual: Address: Phone #: Organization represented (if any): Type of Function: Number of Persons attending (estimate): Type of Containers (kegs, cans, etc.): Name of Park *: Date of function: Time: Signature of Applicant: • Public Works Department approval (if applicable): Date: Police Department approval (if applicable): Date: Permit denied: Date: This permit may be voided by any Police Officer for violation of park rules and regulations, or ordinances, committed by any member of your party. Also be advised that arrests for statute of code violations could result Be cautious of the following violations: serving minors (under age 21); destruction of property; disorderly conduct or unlawfully infringing upon the rights of others; curfew violations (park use is restriction to the hours from 6:00 am to 12:00 pm); and, parking vehicles on park grounds. ❖ Bathroom facilities are open and available 8:00 am to 10:00 pm ONLY from mid -May up to the first day of school at the end of August. ❖ The tables and chairs for Thomson Shelter are located in a locked shed close to the shelter. In order to have use of the tables and chairs you are required to check out a key no more than 2 days prior to your reservation and return the key within 2 days after your reservation date. You are also responsible for any damaged or all un- accounted for chairs, tables and keys. Keys can be dropped in the Water Office drop box located in front of City Hall at 115 W. First Street, Laurel, Montana on weekends and/or during the week days. ❖ No barbeques allowed in the shelter at Thomson Park. Reserved space permit fee: $25 Beer permit fee (signed by Police Dept.): No charge Office Use only: Date paid: /".".• City of Laurel is an EEO Employer Equal Housing Opportunity , •, . , , ...„. , , .,., _,,, TO RESERVE THIS SHELTER PLEASE CALL 7 14 BILLINGS PARKS & ECEATION A1651.8311 i iiRi =i AND s ' OR RESERVE ONLINE AT WWW PPL1NVO '' ' RECREATION RENTAL FEES ARE RS rOLLOS • ALF DAY 8AMuZM OR 3M'1OPM 5 50.00 • ULL DAY 8AMOPM OO k - IF NOT RENTED THE SHELTER 15 OPEN ON A FIRST ,V :7ts::Iii,i"%:,..'%-. ''',",- 1 COME FIRST SERVE BASIS. THE SHELTER MUST BE _ciz t e.- ,-4 4 c '' . TURNED OVER TO THE HOLDER OF A VALID RESERVED ""' 4 ;:1-1. : * ": 0 ; ` SIGN. VALID RESERVED SIGN MUST BE POSTED BELOW. ____,_ __ __ ,, _ . s 10 . ..."...„,,, "loft...