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HomeMy WebLinkAboutCouncil Workshop Minutes 01.29.2013 MINUTES COUNCIL WORKSHOP JANUARY 29, 2013 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 29, 2013. COUNCIL MEMBERS PRESENT: Emelie Eaton _x_ Doug Poehls Bruce McGee _x_ Mark Mace _x Scot Stokes _x_ Chuck Dickerson _x Tom Nelson x Bill Mountsier OTHERS PRESENT: Heidi Jensen 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: • Appointments: o Laurel Ambulance Service: Nathaniel Boespflug and Andrew Germain Jan Faught introduced Nathaniel Boespflug. He is an EMT, was recently discharged from the Marines after four years, is a full -time student, works full -time, and still wants to volunteer. Andrew Germain, who could not attend tonight, is a full -time student in the upper -level nursing classes at MSU -B. The appointments will be on the February 5 council agenda. o Laurel Police Reserves: Shane Wohlschlag, Catherine Shelton, Paul Bickel, Rodney Larson, Kirk Robbins, Adam Lauwers, Kenneth Bland, Michael Leonhardt, Dustin Rivelan, Adam Chenoweth Sgt. Mark Guy presented the names of ten new police reserves who have volunteered to go through a series of training to be available to serve the public for free. He introduced Paul Bickel, Kenneth Bland, Adam Chenoweth, Rodney Larson, Dustin Rivelan, Adam Lauwers and Shane Wohlschlag. Michael Leonhardt, Kirk Robbins, and Catherine Shelton were unable to attend the meeting tonight. The appointments will be on the February 5 council agenda. o Board of Health: Reappointment of Peggy Murch for a three -year term ending December 31, 2015 The reappointment will be on the February 5 council agenda. Executive Review: • Nys variance request — Public hearing and resolution on February 5, 2013 Council Workshop Minutes of January 29, 2013 Monica Plecker reviewed the staff report and stated that Mike and Allison Nys have applied for a variance for the property located at 110 Fourth Avenue. The formal request is to exceed the lot coverage to build an addition onto the house. The house is known as the Carrie Erb house and is on the National Register of Historic Places. The property owner plans to construct an approximately 532 square foot addition, which would basically bring the lot coverage up to 35.95 percent. Laurel Municipal Code allows for 30 percent lot coverage. The current lot is 8,600 square feet, which allows for 2,580 square feet to be constructed. Current structures on the lot total 2,600 square feet. The current structures, except for the carport, are on the Historic Register. The bunkhouse and the carriage house are considered to be a part of the historic designation, but the carport is not. If the proposed addition is constructed, the total lot coverage will be 3,020 square feet, or 35.95 percent lot coverage. Monica explained that the National Register of Historic Places designation actually plays no role in adding an addition, remodeling the home, or tearing down the home. Those things can be done even with the designation. The exhibits distributed include a letter from the Nys family explaining their need for the variance, as well as a drawing and some photos of the house and an aerial photo. Monica stated that the Planning Board held a public hearing on January 3` She explained that the Planning Board and the city council have considered similar issues before in the Eastlick and Stablefeldt requests. The Planning Board and the City Council denied both requests because no hardship could be proven. In the last year, the Building Department has required two individuals to remove carports so their lots would be in compliance with the Laurel Municipal Code. The building department is not willing to go anything over 30.4 percent. There are currently four structures located on the property. The bunkhouse, the carriage house and the main house are located on the Register of Historic Places. The carport has no historical designation or significance. Lot coverage regulations have a direct correlation to storm water, which is why they are in place. At this time, there is no storm water infrastructure on the 100 block of Fourth Avenue. Monica stated that the Planning Board wanted her to emphasize that this was not an easy decision, as the Board spent a lot of time in discussion. After a couple of failed motions, they finally came up with a motion. The Planning Board recommended that the variance be approved with the staff recommended conditions. The intent of the motion was that, if and when at any time in the future the carport is removed, that would bring the lot back into compliance. If the property owners chose to rebuild a structure in place of the carport, they would have to apply for another variance to exceed the lot coverage. There is no time requirement on that. Monica explained that the Planning Board reviewed the seven criteria that the Laurel Municipal Code identifies as reasons to grant a variance. The Board struggled with this, and item 2 was the only one they felt they could use as justification. Item 2 is that the grant relates to a condition or situation special and peculiar to the applicant. The Board felt that the historic designation played some sort of role. Monica again stated that the historic designation has no effect on building, tearing down, or remodeling. The Planning Board also recommended that the staff recommendations be included. The conditions include: the variance shall be good for three years from approval on unimproved property; the applicant shall apply for a building permit; the property shall be kept free of noxious weeds; and all storm water must be kept on site. There was discussion regarding building permits, the location of the proposed addition, and the lot coverage issue caused by the proposed addition. 2 Council Workshop Minutes of January 29, 2013 Monica stated that the addition would exceed the lot coverage. The Planning Board discussed the idea that there would be no need for a variance request if the carport came down, as it would free up enough lot coverage so the Nys family could put the addition on and not need the variance from the code. Mayor Olson asked how many of the seven criteria had to be met for the zoning commission to consider a land use variance. Monica stated that, ideally, all seven criteria should fit, but that is not necessarily the case. If a strong enough case can be made, number 6 should fit. The Planning Board felt that the only criteria the request met was number 2, which was that it relates to a condition or situation special and peculiar to the property. One comment in the Planning Board was that the lot is a part of the original townsite and the lot sizes are very small, which the Board thought might add to it being a special situation. The surrounding property owners were notified of the public hearing on January 3rd and the council's public hearing on February 5 Mayor Olson stated that this is one of those issues where the council and mayor are given the position ofdetermining the laws, rules and regulations of the community. The council needs to understand that objectivity and not subjectivity should be the determining factor to go forward. He stated that the council might need to look at what governs the decisions. Mark thanked Monica for relaying the information from the Planning Board, as it is important for him to know what the Planning Board discussed. Mayor Olson stated that the public hearing and the resolution for the Nys variance request would be on February 5 council agenda. • Resolution — Budget Amendment Heidi stated that the budget amendment resolution is for costs that were not budgeted in the general fund last year on behalf of the Police Retirement System for the State. • Resolution of Intent — Schedule of Fees and Charges Heidi stated that the Schedule of Fees and Charges was last amended in 2011. The department heads reviewed the current schedule to determine any necessary changes. With the adoption of the changes in the home occupation ordinance last fall, the new fee will be amended in this schedule. Chuck asked regarding the pool fees under the Park and Recreation Fees and Charges. Heidi explained that having the fees for the pool in the schedule was very limiting for the department. Staff has entered into discussions with the YMCA regarding management of the pool. Heidi stated that removing the fees from the schedule would allow use of the pool to be more fluid. The fees will be determined by the CAO and the public works department and will be posted for the public for the season. Heidi stated that the city is waiting for a proposal from the YMCA for the 2013 season. The YMCA has new management and staff thought it might be time to consider it again. Scot stated that some of the kids in Laurel could not get in the pool the last time the YMCA managed it. 3 Council Workshop Minutes of January 29, 2013 Heidi explained that was the number one concern that staff brought up to the YMCA and it has been one of the main topics of discussion as to how they would manage the pool with their day camps and leave availability for the kids in Laurel. If the YMCA had an all -Y day, it would need to be spelled out in the contract prior to council approval. Mayor Olson stated that a contract would be presented to the council before any agreement was fmalized. • Resolution — Contract for City Prosecutor Heidi explained that the city's prosecutor, Matt Wilcox, recently ended his contract with the city as he was called to deployment in Kuwait. The interview committee interviewed two prosecutors and unanimously agreed to offer the position to Mr. Brandon Hartford. He is a private attorney in Billings that lives between the two cities, so his availability for the court and to hold office hours in Laurel were a big plus to the committee. Elk River Law Office has served as the city's prosecutor in the interim. Mayor Olson stated that the resolution will be on the February 5 but the contract will be retroactive to February 1St There was discussion regarding this contract versus the previous prosecutor's contract, the attorney /client relationship clause that states that the civil and prosecuting attorneys will cover for each other if one is unavailable, the two applicants that submitted applications for the position, the ads that were placed in the Billings Gazette for two Sunday/Wednesday publications, and the 45 -day severability clause in the civil and prosecuting attorneys' contracts. • Council Issues: o Lease Task Force update Mayor Olson asked Tom Nelson to present the update. Mayor Olson asked for audience participation, as Iry Wilke was present. Iry stated that he was there to answer any questions. Tom stated that the Lease Task Force minutes are tied to the Articles in the draft lease for all city leases. The Rod and Gun Club members had not received information from the Friends of the NRA on safety requirements for outdoor shotgun shooting ranges. The club received a couple of bids on fencing, but the bids were high due to the need to hand drill the holes on the east end of the area where they shoot by the berm. Tom had asked the Rod and Gun Club to fill in the blanks of the draft lease agreement as they would like it. Article I says that the agreement is for the purpose of the Rod and Gun Club for general business, including monthly meetings, the membership drive, and the turkey shoots. Article II identified the location of the Rod and Gun Club building at the park. The club's suggested annual lease cost would be $25 a year for five years. Payment of rent includes use of the area. Article VI stated some questions. The club assumes that the city would insure the building against casualty and the Rod and Gun Club would insure against personal property. Repair issues were a 4 Council Workshop Minutes of January 29, 2013 question, as the building needs repair. The bottom logs are bad, the interior flooring is bad, the mold mitigation needs to be addressed prior to a lease agreement, and the restrooms would need to become ADA compliant if the building is restored. At 7:18 p.m., Mayor Olson called for a five minute recess in order to make copies of the minutes and the draft lease for the council. At 7:25 p.m., Mayor Olson called the city council back into session and asked Tom to proceed again. Tom again spoke regarding the articles in the draft lease agreement. The first two are identifications, what the lease is and its purpose. Article II is the lease period and the annual lease amount that the club suggested. Questions regarding Article VI were about repairs, insurance, responsibility for repairs, painting, mitigation of the flood damage and mold issues, and ADA compliance for the restrooms. Article VII states that the lessee accepts the property "as is" and that the property was and is in good condition at the time of possession. The club was concerned that the building has not been repaired yet. Article IX is the right to inspect, and the club requested a 24 -hour notice for inspection. Article X addresses cancellation/termination of the lease and subletting. The club has always been able to sublet before, but the draft lease says the lessee cannot assign, transfer or sublet its rights under this lease to any party without prior written consent of the city. The club wants to sublet the building for small functions that would be three days or less without requiring council approval. They would not sublet the building out for six months to another club or function. Article XII states that insurance coverage will be $1 million per occurrence with an aggregate value of $2 million. The club was confused about the insurance requirements, as their insurance policy does not state it is $1 million per occurrence with an aggregate value of $2 million. The city accepted the club's insurance policy for the shoots they held last year. Mayor Olson stated that the $1 million per occurrence and $2 million aggregate is the standard under which the city operates. The club would like clarification on a couple items in Article XIV. The right of entry was already detailed in Article IX. Repairs are already mentioned in Article VI. The language in Article XIV under repairs contradicts slightly with the language in Article VI. Article XIV appears to be an indemnification, so the club cannot hold the city responsible for repairs that need to be done because of extenuating actions extending from their lease. Article XVI says that the club may not assign its rights under this agreement or assign, encumber or sublet the described premises without the prior written consent of the city. They want to be allowed to sublet the building for weddings and receptions as long as it was less than three days. Article XVII says that the club would incur a $100 /day penalty to the city for any holdover beyond the termination or cancellation of the lease. They would like to have thirty days to vacate the premises, after which there would be a holdover penalty of $100 a day, since it would be hard to move all their personal property out on the day of the termination of the lease. The last issue is the need for an escape clause to end the lease, both for the city and the Rod and Gun Club. If the Gun Club enters into a lease with the city, the club would like to have three or four shooting events, such as the membership drive. The events would need a 30 -day prior notice given to the city council with the name, date, time and period of the event. The club would be required to state the plan for security at the event, who is in charge of the event, and the parameters required for the event. Otherwise the lease would terminate. Tom mentioned that the Big Sky State Games are in July 5 Council Workshop Minutes of January 29, 2013 this year, and the organization has requested permission for small bore shooting at the park in past years. There was discussion regarding the shooting events, which would include the membership drive and two or three shotgun events. Doug applauded the task force and the club members for their work on this issue. He has spoken previously about the sunset issue, and he thinks this is a fair proposal as the city would limit its liability to four shooting events every year for the next five years. Tom reminded the council that the last lease entered into with the Rifle Club allowed them to shoot for four years out of their five -year lease. Then the outdoor shooting terminated for them. Doug stated that this is almost the same category, as the city would lease for five years and allow only four events per year. Tom stated that the Rod and Gun Club wants the building for their functions and a place to shoot. They have property but are not in a position to develop it yet but are looking at it for the future. Doug likes the fact that the 30 -day notice gives time to notify the public and assumes that part of the stipulation would be signage to inform the public of the shooting event. He feels the city is covering its bases by bringing the liability to the smallest amount and still letting this run its course. Scot asked about the cost to fix the building and make it ADA compliant. Heidi explained that the previous code compliance officer spent three hours down there with Alpha Omega, the restoration company in Laurel. They are working on a proposal for the costs. After the estimated costs are determined, the city will determine what the bidding process should be for the project. Tom stated that the Lease Task Force has worked on the issues since the beginning of October and has tried to explore the different possibilities that would make the transition for the Rod and Gun Club and the City of Laurel. Legal work will be needed to prepare the final draft, and restrictions for security and fencing will be needed for the shooting events. Bill asked regarding the estimates to repair the buildings. Heidi explained that everything will be included in the estimate from Alpha Omega. The city asked for a comprehensive quote to repair the damage in the Rod and Gun Club and the flood damage in the caretaker's residence. Doug suggested that legal counsel should review and prepare the lease for the council's consideration. Mayor Olson stated that an amount of time for termination needs to be included in the lease. The city's biggest liabilities are the shooting and the alcohol issues and protocols need to be in place and penalties need to be enforced during these activities. The draft lease will be on another council workshop agenda when more information is available. Other items 6 Council Workshop Minutes of January 29, 2013 • Resolution — Task Order No. 28 with Great West Engineering for SID No. 114 in Elena Subdivision Monica stated that the Elena Subdivision SID No. 114 was successfully established early last fall. Task Order No. 28 is with Great West to prepare the bidding documents for the actual improvements for the park in Elena. By having the bidding documents done now, the city hopes to get a contractor lined up so the project can be done as soon as the weather is acceptable. • Update on the bid documents for the sediment removal Heidi, Mayor Olson and the Public Works Director had a conference call with FEMA and received encouraging news that FEMA was willing to allow the city to proceed with the emergency ditch needed to put in to provide water to the old intake. The FEMA funding gives the city an opportunity to remove the sediment under the bridges because some sediment has to be removed to create the diversion ditch. The city would not have to pay for the mobilization costs and as much sediment removal as if these were done in two separate documents. In an effort to expedite the process, the advertisement for bidding will be in the paper tomorrow. Great West is working to prepare the rest of the documents in order to have a better cost estimate for sediment removal and the diversion ditch at the pre -bid meeting on February 5 Heidi explained that the diversion ditch and the removal of the sediment to the old intake is something that FEMA will fund. The removal of the rest of the sediment, a total of 5,500 cubic yards of sediment, would be the city's cost. Since this is an unanticipated cost, the amount of Great West's estimate and the amount of the final bid will go to the Budget/Finance Committee and eventually to the council in a budget amendment. Great West is working on the south bank restoration and the final work needed to make the intake whole again. Great West is confident that the sediment removal can be tied to the project in the end, so then the cost of the sediment removal would hopefully be returned to the city. There is no guarantee and no timeframe on that. The ad in the paper tomorrow will be for bid documents to put in the diversion ditch and to remove the sediment. The cost of the diversion ditch is something that will be funded by FEMA. The sediment removal is not funded at this time, but the city will incur the least amount of cost possible by combining the two projects in one bid document. Heidi explained that the sediment that will be removed must go to a location preapproved by the Army Corps. The city had to get a permit from the Army Corps to make sure that the fill was not being used in a floodplain or stored in a non - approved area. In the short term, the city will keep some sediment at the water treatment plant in case it is needed. The rest of the 5,500 cubic yards will be placed on some land that the city owns across the street from the container site. That site was approved by the Army Corps and is allocated for dumping in our permit. Mayor Olson asked Heidi for a short comment on the recent FEMA call. Heidi stated that the biggest thing from the phone call was the reassurance that FEMA was willing to fund the diversion ditch in a project worksheet. There was also the clarification that the sediment removal could not be tied to the diversion ditch and that the city would have to pay for it. With the flood water coming down this spring, it will increase the depth of the erosion that has occurred next to the water intake and next to the bank, so getting the sediment out is imperative. Great West has been working with BNSF to get a permit to work under the railroad bridge, but it is not easy to get a return call. Tom Barnard is working on the project worksheet for the south bank and hopes the project worksheet can be completed once the diversion ditch is completed. Great West is working to finalize 7 Council Workshop Minutes of January 29, 2013 the permanent solution for the water intake. The permits continue to come in for the south bank, with the biggest one being the conditional letter of map revision that changes the base flood elevation in the park. Great West is working on the permanent solution and hopes to present alternatives to the city within the next month, prior to submission to FEMA. Review of draft council agenda for February 5, 2013 The agenda includes the public hearing for the Nys variance request, the resolution for the variance request, and the task order for the project in Elena Subdivision. Attendance at the February 5, 2013 council meeting All council members present will attend. Announcements Scot asked regarding the status of the water fill station. Mayor Olson explained that the city is waiting for a response from BNSF regarding a contract to lease the property across from Emma's and the Palace. The council has already authorized the $100,000 expenditure in the current budget to go forward with the project. As soon as BNSF responds, a contract will be presented to the council. Scot asked if the city had ever considered hiring one attorney on staff to just work for the City of Laurel, instead of a civil attorney and a prosecuting attorney. He suggested that one attorney would be able to address city issues in a timely manner, such as the Neptune water meters. Mayor Olson explained that Elk River Law Office provided both services in the past. It was determined that the civil and prosecutorial sides needed to be split, so two attorneys were contracted for the positions. After the remaining one -year contracts for legal services end, the city could reevaluate the situation. There was discussion regarding having one attorney handle the civil and prosecutorial positions. The city did that in the past, when Joe Leckie, Matt Erekson and Mark Anderson were the city attorneys. However, the workload was too much, and there were instances where the attorney was on both sides of an issue. There was further discussion regarding the cost effectiveness of having a civil and a prosecutorial attorney, the backup of prosecution cases in the past, and the need to evaluate the issue when the current contracts end. Heidi and Sam Painter will meet with Neptune's district manager, Tony Glassier, and his boss on February 14 The council workshop adjourned at 8:12 p.m. Respectfully submitted, Cindy A11e 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. 8