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HomeMy WebLinkAboutCouncil Workshop Minutes 07.10.2012 MINUTES COUNCIL WORKSHOP JULY 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 July 10, 2012. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x_ Doug Poehls _ Bruce McGee x Mark Mace x Scot Stokes Chuck Dickerson x Tom Nelson x Bill Mountsier OTHERS PRESENT: Heidi Jensen Jean Kerr Monica Plecker 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: Mayor Olson stated that the appointment of Monica Plecker as the City of Laurel's Floodplain Administrator and the appointment of Bill Mountsier to the Emergency Services Committee would be on the July 17 council agenda. Executive Review • Resolution — Engagement Letter with Dorsey & Whitney • Resolution of Intent — SID No. 114 in Elena Subdivision Heidi Jensen stated that the first two resolutions pertain to the Elena Subdivision, and she asked City Planner Monica Plecker to present them. Monica stated that the letter of engagement is an agreement with Dorsey & Whitney for them to move forward with the work. The $5,000 fee is included in the cost of creating the SID. Monica explained that the resolution of intent to create SID No. 114 is for the park improvements for the sprinkler system, and grading, tilling and seeding. The entire cost of the SID is $80,000, which is $842.11 per parcel, and 95 parcels would participate in the SID. The $842.11 /parcel would be paid back over a term not to exceed five years. However, a property owner could pay it back in advance. Monica spoke regarding the maintenance costs associated with the SID. For the first year, costs have been determined to be $20,000, or $210.00 per parcel, for the summer help and the equipment needed for maintenance. Maintenance costs will not be $20,000 every year, as a new lawnmower would not Council Workshop Minutes of July 10, 2012 be needed every year. As stated in the resolution of intent, the council must adopt a resolution assessing all the property within the District with an amount equal to the whole cost of maintaining the improvements within the District before the first Monday in September of each year. Monica stated that there will be a protest period for the SID, but the developer originally signed a waiver of protest that was filed with the SIA, the Subdivision Improvements Agreement. The attachments to the resolution of intent included a breakdown of the costs and a map of the area. Exhibit C showed the $80,000 related costs for the SID. Tom asked if a public hearing was required before the council set the maintenance fees in September every year. Monica was not sure if the maintenance costs associated with the SID required a public hearing, but she will ask Dorsey & Whitney. Doug asked if the maintenance costs would end when the city adopts a citywide park maintenance district and the costs would be rolled into the regular park maintenance district. Monica agreed and explained that the legislature has changed the statutes on park maintenance districts, which no longer exist and are now special districts. This was Dorsey & Whitney's recommendation. When the city moves forward with a citywide special district, everyone can be assessed the same and these maintenance fees will be discontinued for Elena Subdivision. The $842.11 /parcel assessment is for the SID and would continue for a term of five years. The maintenance costs are a separate issue from the SID, as the SID is for the improvements for the sprinkler system, grading, tilling and seeding. The SID does not include any recreation equipment, but is just to get the vacant land to be a usable park space. There was discussion regarding the signed waiver of protest, the number of developed (30 versus undeveloped (65) lots in Elena Subdivision, the fact that some lots have changed hands from the original developer, and that Harris Capital owns 44 parcels, including every parcel for the condominiums in the center of the subdivision. According to the subdivision improvements agreement, the SID and park maintenance district should have been put in place before the subdivision even went to final plat. Monica understands that Harris Capital was a partner in the beginning and should be very aware of the waiver of protest. There were some issues in determining how the assessment should be made, and it was done across the board the same as there was no way to relate the cost of improvements to the size of the lot. • Budget Reports Heidi presented the budgets for the water and solid waste funds. Staff has been working on the sewer budget to find ways to finance the city's application for the State Revolving Loan Fund. After discussion with the TIF District on July 16 the information will be presented at the council workshop on July 31s Heidi talked to Public Works Director Kurt Markegard today about the highlights of the water and solid waste budgets. She explained that Kurt did a close evaluation of personnel and how much time they spent in sewer and/or water and has moved quite a few personnel out of sewer and into the water. He feels that he has more adequately distributed their time and then allocated their pay accordingly. 2 Council Workshop Minutes of July 10, 2012 The information was included in the handouts. Last year, there was cost savings of $75,000 in the water department, as a position was not filled. The utility department will fill that position within the next 90 days, as there is currently only one person working in the utility department. Another expense in the budget is the purchase of a new utility truck and reserve water and sewer funds are available to purchase the vehicle. This would be strictly a utility truck with utility boxes on it to replace the current 1999 utility truck. The truck has received a lot of use in the last 14 years and the mechanic does not feel confident in the ability to repair it at this point. Heidi stated that a bulk water station has been included in this year's budget. Research has been done into a bulk water station that is for sale in Wyoming that has filling stations on both sides of the building. Kurt has made phone calls to see if that facility is still for sale and inquired with the manufacturer to check on the warranty, since it has never been installed in Wyoming. There are some ideas that may be more cost effective than the one that is for sale, and Kurt is doing continued research. Heidi will keep the council informed. Emelie asked if the 2012 -2013 water budget was less than the 2011 -2012 water budget and if the sewer budget would be $300,000 more this year. Heidi explained that all of the enterprise funds were examined this year and Kurt tried to cut the budget as much as possible. Heidi did not know the final sewer budget at this time, as work is being done to finalize it with a loan collection she will discuss with the TIF District. Emelie asked if the $300,000 decrease in the water budget was because of cost shifting to another area or if it was an actual decrease in the budget. Heidi understood it is due to cost shifting and she offered to get a better answer if needed. The wastewater budget will be presented to the council on July 31 There was discussion regarding the miscellaneous water, line item (343027), which is at 333 percent of the 2012 budget. Heidi will ask Kurt or Shirley about this line item. There was further discussion regarding one -time revenue sources that were received from the flooding issues last year. The funds have been set aside into special line items for restricted uses. Heidi spoke regarding the solid waste budget. Kurt wanted her to inform the council that he ordered a truck this year, and the city is still waiting for the truck to come in. The city would like to continue a two -year replacement schedule for the trucks, so nothing will be budgeted this fiscal year, but should be in the 2013 -2014 budget. The ambulance fund will continue to pay back the loan they received from solid waste for the FAP addition. The ambulance is only able to make those payments with a $30,000 allocation from the General Fund. Container costs and unemployment and liability costs increased this year. Heidi has asked Kurt if the current solid waste rates are maintainable in the coming years. He said that the curve is still going upward, compared to costs, so he feels confident in continuing to operate the solid waste as it has been going forward. Heidi explained that the radios were of great concern for the budgets this year, as every radio has to be switched to narrow band prior to June 2013. If all of the city's radios had to be replaced, the cost was around $65,000. Department heads talked to Industrial Communications to find out which radios could be reprogrammed and which radios needed to be purchased. Most of the radios in vehicles in 3 Council Workshop Minutes of July 10, 2012 the Public Works Department can be switched over to narrow band with a software switch at a cost of $49 per radio, which is significantly cheaper than purchasing new radios for every vehicle. When ultra narrow band is required, none of the city's current radios will work. Departments are currently reviewing whether they want to continue with vehicle radios or change to handheld radios, on- person radios, or switch to cellular devices. The solid waste budget includes two new radios and reprograms three of them in the solid waste trucks. Mark mentioned that Dave Mumford recently told him that big changes are coming in solid waste regional wise, as garbage will likely be coming from hundreds of miles away. There was a brief discussion. Mark asked if the city planned to go green. Heidi stated that it is not cost effective at this time, but she has asked Kurt to look into composting grass. Additional trips into Billings are not feasible for the city at this time, as there has not been a great public outcry for recycling. Heidi explained information compiled about some funds that were not presented to the council. The funds included debt service funds and funds that have not changed much from last year. Emelie asked why some of the SID's expend less than they bring in and some expend more than they bring in. Heidi thought the figures might have been typed incorrectly and will check with the clerk/treasurer and get the information to the council. Doug asked if the fire pension fund covers the city's responsibility. Mayor Olson stated that the numbers need to be reviewed, as the city is obligated to the funded mandate. • Resolution — Revised Attorney Contract with Matt Wilcox Heidi explained that the city attorney prepared the revised contract in order to share the civil and prosecutorial duties between Matt Wilcox and Elk River Law Office. If Matt is unavailable and the city needs a prosecutor, Sam will fill that void. If Sam is unavailable and the city needs a civil attorney, Matt will fill the void. The contract shares the responsibilities of insuring that the city is contracted with an attorney at all times. • Resolution — Renew contract with Dr. Thomas Bennett, Medical Director for Laurel Ambulance Service Heidi stated that Ambulance Director Jan Faught has been satisfied with the services that Dr. Bennett has provided for the ambulance and wants to renew his contract for the next year. Dr. Bennett signs off on the medical charts and the services the Laurel Ambulance Service provides to the patients. Council Issues: • Public hearing/council vote on same agenda There was a lengthy discussion regarding the city's current ordinance, which requires the council to hold a public hearing on an issue and then wait at least one week but not longer than the next regular 4 Council Workshop Minutes of July 10, 2012 council meeting before making a decision unless the rule upon motion and second is unanimously waived by the council. Mayor Olson stated that the current process invites ex parte communications. Discussion included the council's current option to waive the rule and place an item on the agenda, the possibility of questions posed at a public hearing that need to be answered prior to a vote, the difference between information, facts and opinions, and the need to find out if a unanimous vote would be required in order to extend a public hearing. There will be more discussion at the next council workshop. Other items There were none. Review of draft council agenda for July 17, 2012 Bill Mountsier's appointment to the Emergency Services Committee will be added to the council agenda. Attendance at the July 17, 2012 council meeting All council members present will attend. Announcements Scot expressed concern that some lifeguards at the city pool told him they had not had a break all day last Thursday and he asked the city to look into that. Heidi explained that three lifeguards attended swim lessons class to learn how to teach swim lessons last Thursday, and only three lifeguards were available. The lifeguards received 20- minute increments on the deck and in the shelter, so they stand for 20 minutes, sit for 20 minutes and go inside for 20 minutes. The pool was open for 8 total hours that day. Kurt let them know that it is not mandatory by state law that they receive a 15- minute break every four hours, and they were only fulfilling the 8 -hour shift. When the lifeguards are inside, they can sit down and they can drink and eat while working at the counter. Heidi will talk to Kurt about it. Tom mentioned the meeting with Alan Hulse on Friday, July 13 at 10:30 a.m. Mark stated that, after the Public Works Committee meeting last night, four members of the steering committee for the skate park talked to him about their concerns. They have people that are interested in the skate park. The Park Board has not received the information but needs to make a recommendation to the council. Mark stated that the city has not determined a location for a skate park, but the steering committee has suggested Kiwanis Park. Jean Kerr stated that they were inquiring about the procedure, because they need to know the location and the area in order to move forward and start drafting the design. Mark stated that there has been a lot of interest but he does not know how to proceed. Since the skate park would be built on public land, public meetings are needed for input. There was discussion regarding the need for public involvement and input and the possibility of an article in the newspaper. 5 Council Workshop Minutes of July 10, 2012 Mark stated that, since 8 Avenue was rebuilt and redesigned, there has been a situation at the intersection of 8 Avenue and West Main Street. Every morning when he looks to the left and to the right, he can see to the right but cannot see to the left. Traffic coming in from the county travel quite fast and now there is a bus bench in line with the traffic. To the left, there are a couple spots that are painted in yellow paint for parking and someone has been using both spaces almost the whole time the street has been built. Mark's stated that the state highway department designed it, painted it and has allowed parking there. The problem is that residents of the apartment building have not moved the vehicles in at least thirty days. He thinks that something could happen at the intersection, as it is difficult to see to get on to Main Street. Heidi will inform the parking control officer regarding this situation. Doug asked for an update regarding FEMA. Heidi stated that the city's discussions with FEMA lately have been on a different note. The city is concerned about funding. At this point, Great West is doing designs for a permanent solution, a temporary solution and an emergency solution, and those three repairs are each very costly. She sent FEMA a copy of the procurement resolution and the advertisement the city did in 2007 to hire Great West as our engineering firm, as they requested. FEMA's response was that they would get back to her, which was not very reassuring. Great West has designed an emergency solution to address the exposed waterline at Riverside Park. At this point, the city has asked Great West to slow their design progress on any additional fixes until the city gets a definitive answer from FEMA regarding funding for engineering services. The State of Montana does not require the city to go out to bid for engineering services. The city goes out for service and the actual amount is negotiated between the engineer as a contractor and the municipality. The city has expended a lot of resources on this project and wants to know what FEMA will fund. Heidi sent the information to FEMA, to Senator Baucus' office, Senator Tester's office, Mayor's office, Great West's office. Another concern is the $50,000 payment that is required to satisfy the Army Corps permit the city received. Baucus' office was confident that an extension could be given for the $50,000 because the city will utilize the Army Corps permit specifically as it was given three months ago. Work on project worksheets and funding sources will continue. There was discussion regarding the possible situation in a few months, communication with FEMA via email and conference calls, the challenges in getting FEMA to provide signed documents, the emergency, short-term and long -term solutions, the levee expansion into the river, additional erosion of the riverbank in the last year, the letter Doug originally sent to Representative Rehberg, the funding issues, the city's unwillingness to move forward without some commitment from FEMA, and the need for the city to speak directly with Senator Baucus regarding the issues. The council workshop adjourned at 8:11 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. 6