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HomeMy WebLinkAboutCouncil Workshop Minutes 04.09.2013 MINUTES COUNCIL WORKSHOP APRIL 9, 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 6:36 p.m. on April 9, 2013. COUNCIL MEMBERS PRESENT: Emelie Eaton _x_ Doug Poehls x Bruce McGee _x_ Mark Mace x Scot Stokes Chuck Dickerson Tom Nelson x Bill Mountsier OTHERS PRESENT: Heidi Jensen Jeremiah Theys, 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 There were none. Executive Review: • Great West Engineering — Yellowstone River Project Update Heidi Jensen asked Jeremiah Theys to present an update and the schedules for the projects. Jeremiah Theys, the project manager for the Yellowstone River Project, spoke regarding the phases and timelines for the projects. After the issues with the water intake structure, the bank loss and scouring along the bridges, FEMA processed the project worksheet initially to restore the bank and the process started moving forward. Since then, additional scour was found underneath the bridges and around the intake. The scour around the intake is close to 4.5 feet and the channel is actually scoured through the bedrock and it is near the foundation of the intake. With the loss of the bank, the water surface has dropped significantly. That was evident last August with low flow conditions in the summer. The intake that was built in 2003 is not able to provide water for the city. The city's ultimate problem is to make sure that the intake or some form of intake structure provides reliable water for the long term. Jeremiah explained the three phases of the project. The first phase was the temporary emergency work, which has been done to make sure the intake is functioning. The second phase is the bank stabilization, which is actually rebuilding and stabilizing the bank along Riverside Park to protect the infrastructure. The third phase is the long -term solution to provide a reliable water source. Council Workshop Minutes of April 9, 2013 Last August, temporary measures were done in the river to back water up over the intake. At that time, the old intake was not functioning and the city only had the new intake structure. Action needed to be taken, so a rock dike was created that raised the water surface up slightly. The downstream water trend continued to drop in the river, so it was necessary to go back in the river and create the weir, or the submerged portion of rock in the channel, to back water up and over the intake. Since emergency action was taken in the river and permits were not received, the Corps of Engineers will not permit the structure and want it eventually to come out of the river. The Army Corps had given a deadline for removal in January, but an extension was received, and another extension has since been requested for removal of the weir. The dike portion has been removed, but the engineers are asking to leave the rock weir in place to maintain the minimum water surface elevation at least another year until longer term solutions are in place. Great West has been working with FEMA on providing a temporary emergency measure weir to get water to the intakes, assuming that the new intake will eventually be online if the rock weir is removed. That might not happen this spring but it will probably be offline this summer, and there will not be enough water surface over the top of it. Great West and the city staff worked with FEMA to come up with a secondary solution of getting water to the old intake in order to have a backup water source. The city hired Donnes, Inc. to do the sediment removal and build the channel down to the intake. The old intake is functional and water is flowing into it. The rock dike has been removed but the weir is still in the channel. The 2003 intake is still functioning, but there is a concern it may have to be taken offline when the water surface drops. This is a short-term temporary solution to get water to the city, but it does not provide a long- term solution. With spring runoff; the water level will rise. When that starts to drop, it will be necessary to evaluate to ensure that the structures are operable and viable until the long term solutions are in place. The second phase is the bank stabilization along Riverside Park. The project will fill in and recreate the channel from the first MDT bridge down to the first power pole, which is about 300 feet of bank. From there, the project includes laying back the bank, armoring the bank with riprap all the way down to the old dike area where Exxon cut through, rebuilding the non - levied embankment to its original elevation, and incorporating a boat ramp. Great West has supplied FEMA with all the information needed. Great West prepared a CLOMR, which is a Conditional Letter of Map Revision. Because there is a map floodplain with detailed elevations, and Yellowstone County is a no rise county, the water surface cannot be affected by more than zero. If it shows .001 of an inch rise in water surface, a CLOMR must be done. Jeremiah explained the requirements that trigger a CLOMR, six-month FEMA's timeline for review of the CLOMR, the 140 day estimate in his schedule for the CLOMR process to be completed, the need to get a floodplain permit from Yellowstone County, and FEMA's next step of the Environmental Historic Preservation Review and the NEPA Compliance. FEMA will then process a new project worksheet and the funds should become available. At that time, the project will be ready to go to bid for the bank stabilization project. According to the schedule, advertisement, bidding and construction are anticipated in the middle of December 2013 into the spring of 2014. It would be best to do the work this fall when the water recedes, but the FEMA process dictates the timeline. There was discussion regarding the possibility of additional damage with another high water event, the additional expenses incurred by the city because of FEMA's tedious process, and the possibility of more scouring issues in the river. 2 Council Workshop Minutes of April 9, 2013 Jeremiah explained that FEMA has not written the project worksheet yet, but revisions might be needed to the permits the city has received. He stated that the river starts to go down at the end of August and October and November would be a prime time to do the bank stabilization work. Jeremiah stated that the bank stabilization work protects the water main and the infrastructure in the park and builds the levee up so it does not flood, but it does not fix the long -term intake problem. Because the bottom is scoured, the river has moved all over the place, and the intake is sitting at a higher water surface. Great West prepared An Alternative Pre - Screening Analysis, which reviewed every possibility for providing reliable water, and nineteen alternatives were considered in the analysis. The document was sent to the permitting agencies for comments five weeks ago. Comments have been received from all of the agencies, and the comments will be reviewed. One of the issues is that the river is dynamic and is moving all the time. The old intake was functional for a long time and then it became high and dry. The new intake that is in place was functional and was supposed to be designed for the long term, and now that one is high and dry. Jeremiah spoke regarding the challenges of the river and the alternatives for the long -term intake problem. They are looking at controlling the river with a W weir, which is like a diversion dam. The structure would be a hardened designed weir structure that maintains a minimum water elevation to keep the water over the new intake. Another alternative would be a similar weir structure to control the channel and water elevation downstream near the Billings Bench, put in a diversion point, and bring the water into a holding pond and then into the plant. This is a viable but costly option, as it would be double the cost of doing some modifications to the intake and building a weir. Jeremiah stated that there is no simple solution for the issue. There was discussion regarding FEMA's mandate to restore things versus making necessary improvements. Jeremiah explained the separate restoration and mitigation aspects of the project. Rebuilding the first 300 feet of bank is the restoration portion of the project and laying back the bank and armoring it is the mitigation portion. FEMA allows up to 110 percent of the restoration costs for mitigation in hopes that they do not have the problem again. There are separate scopes of work for the restoration and the mitigation portions of the projects. There was discussion regarding the proposed rock structure. Jeremiah explained that the structure would be a six -foot diameter rock. There will be maintenance associated with the structure, which could be encapsulated in concrete or grout. It would be built with the large rock and then grouted so they are all interlocked together to minimize the flood events. The structure would be sized for beyond the 100 -year event. There was further discussion regarding Lockwood's intake issues, the water intakes in the City of Billings, and the ongoing issues with diversion structures in the Yellowstone River. • Resolution — Great West Engineering, Amendment No. 1 to Task Order No. 27 Heidi explained that Task Order No. 27 is for the creation of small capital projects on Fifth Avenue and Cottonwood Avenue for sidewalk replacement. Amendment No. 1 is for $6,000 for Great West to do some surveying work on the sidewalks. 3 Council Workshop Minutes of April 9, 2013 • Resolution — MOU with Beartooth RC &D Economic Development District Heidi stated that this is the standard contract the city has approved for several years. It was on the agenda two weeks ago, but she requested that it be postponed until she could meet with Chris Mehus, the Beartooth RC &D Executive Director, to find out what they have been doing in the City of Laurel to earn the $1,500 they are seeking. When Heidi met with Mr. Mehus, he said that he has worked with the Laurel Trading Post, Emma's Bakery, and Greg Nelson, who is trying to open a museum/historic car place on the corner of Second and Main Street. He worked with the Laurel Movie Haus on the internal remodel. She informed him that it changed ownership and it now The Vue. Chris is working with the former partner, Riley Cook, to change the drive -in movie theater to a digital process. Chris informed Heidi that Beartooth RC &D receives Federal money and works with people to get grants and to fund loans that people cannot get from a bank. They finance a gap loan if someone does not have the money the bank requires down to get a business loan. They will help finance a small business 100 percent if they have two turndown letters from financial institutions. When Heidi told Chris that not a lot of people know about the services they offer, he said that they do not have money for personal marketing. They use the Business Expansion and Retention program through the Big Sky Economic Development Authority, they do not specifically solicit business, and they are referred business usually from BSEDA. In the past two years, Beartooth RC &D worked with Exxon to complete some vegetative surveys from the Exxon oil spill. Heidi stated that she wanted to provide the council with the information in order to make an informed decision regarding the contract. Bruce thanked Heidi for investigating the issue and informing the council. Mary Carter is the City of Laurel's representative on the Beartooth RC &D board. • Council Issues: o Lease Task Force update Bruce stated that, after the city attorney's counsel, the task force decided it would be best to separate the lease for the grounds and the lease for the building. The proposed lease with the Rod and Gun Club for the grounds would include the five -year sunset clause for shooting at the park. Because of the disrepair of the building caused by the flood damage and the lack of funds for repairs, the building cannot be used at this time. The city attorney suggested separating the leases, and the proposal was presented to the club at the meeting. Mayor Olson mentioned that the insurance issues were also discussed at the meeting. There was discussion regarding the number of quotes received for restoration of the buildings, the safety issues with unauthorized public shooting at the park, the need for fencing and signage, the need for the city to annex the property, enforcement issues, the need for proper verbiage on the signs, and the timeframe to post signage and install fencing. Other items Mayor Olson asked Heidi to address some questions that were asked at last week's council meeting. Heidi spoke regarding the speed limit signs on East Railroad Street. The signs are here and the city is waiting on locates before the public works department crew installs the signs. 4 Council Workshop Minutes of April 9, 2013 Heidi spoke regarding the sidewalks on Maryland, their connectivity and the fact that there are large gaps. The sidewalks were part of the city's primary application to the Safe Routes to Schools Grant, which should be awarded in April. The city is waiting to see if the project was funded. Regarding the traffic light at First Avenue and Main Street, Heidi has been in contact with MDT and the traffic engineer that makes decisions on timing and movement. MDT is aware of the city's concerns. Review of draft council agenda for April 16, 2013 There were no changes. Attendance at the April 16, 2013 council meeting All council members present will attend. Announcements Mark mentioned that Kurt Markegard and Tim Reiter gave the Public Works Committee a tour of the project at the river last night and showed the committee members what Jeremiah was talking about tonight as far as that water stream coming into the old intake. He stated appreciation for the stars work on the project and encouraged the council members to go see it. Mayor Olson stated that a time could be scheduled for the council to tour the project. Mark mentioned that the Park Board will meet again on Thursday at 5:30 p.m. for discussion regarding the proposal for a park master plan. Bill stated that he would like to get an overall view of the project at the river. After a brief discussion, Mark stated that another tour of the project would be scheduled during the Public Works Committee meeting on Monday, May 13 The council would be welcome to attend the tour. Mayor Olson stated that the bid opening for the Elena Subdivision project was held today. Great West Engineering will evaluate the bids and make a recommendation for the successful bidder. Mayor Olson asked Heidi to update the council regarding the Transportation Plan. Heidi explained that the $40,000 grant from MDT is still in contract phase. The council has not actually approved or accepted the $40,000, but staff is confident that the city would not reject the $40,000 grant. The State provided its preferred list of engineers to do Transportation Plans for the city to choose a firm without going through the bid process. The top three firms are very reputable and have done numerous Transportation Plans, and the city chose Robert Peccia & Associates in Helena. Representatives met with the CAO, the City Planner and the Mayor today to discuss the city's expectations for the Transportation Plan. Staff has written a scope of work that was roughly copied from Gallatin County and the City of Bozeman. In the next week, Robert Peccia & Associates will prepare their scope of work and their cost estimate. MDT should have that contract to the city by the end of April. Heidi expects it to take about twelve months for completion of the Transportation Plan. The Growth Management Policy should be adopted this fall, so the chapter for the Transportation Plan will be left blank until it has been completed and adopted next spring. Heidi 5 Council Workshop Minutes of April 9, 2013 anticipates that it will be an active plan that will be used and shared so that the growth of Laurel continues in a positive direction. Mayor Olson asked Heidi for an update regarding the SID for Cottonwood and Fifth Avenues. Heidi explained that staff thought the property owners on the three blocks on Fifth Avenue and Cottonwood Avenue could be included in the SID and the two costs of the SID could be rolled together and divided per property to lower the overall cost. Dorsey & Whitney said that is not legal because there is not a benefit to the people on Cottonwood for the work that is done on Fifth Avenue and vice versa. Staff made the argument that all residents receive the benefit when walking on sidewalks and on ADA corners, but Dorsey & Whitney did not agree. Bond counsel informed staff that the city can only assess the properties that have sidewalks that need to be replaced in the SID. That increased the cost since it would not be distributed among all of the residents on the blocks and staff was concerned that the SID was too expensive. The homeowners and the city have now been put on notice because of the research done on the poor sidewalks. This is the opportunity for the homeowners to utilize a discounted price with the contractor and the engineering firm to have their sidewalks replaced. If the SID should fail, the city would send the property owners a letter giving thirty days to replace the sidewalk and informing them they would be enrolled in the sidewalk replacement program if the sidewalk is not replaced. Staff is investigating the best way to go forward. A second neighborhood SID meeting was held last night and the same three people attended that came to the first neighborhood meeting. None of the people had any strong objections. Staff does not want to hold the project up with the sidewalks, so the plan is to go to bid and have the sidewalks attached as a separate schedule. Bids could come in lower than the engineer's estimate. Costs would be divided by the number of properties that need sidewalk replacement. The city hopes the SID will go forward. Heidi explained that, once the bids are received, there would be a 60 -day delay in construction in order to move the SID process through council approval. The city could still move forward with the construction of the water and sewer lines and the asphalt, curb and gutter, but not the sidewalks. Mayor Olson mentioned that Dan Clark, from the Local Government Center in Bozeman, had an extensive session with the City - County Planning Board on Monday evening regarding the importance of structure and how to run their meetings. Mayor Olson attended the 4 of July meeting last night. Issues discussed at the meeting included the parade, the Chamber's request to MDT to close First Avenue to parking during the parade, the need to require people to hand out the candy instead of throwing it for safety reasons, and MDT's response that closing First Avenue to parking would be up to the discretion of the mayor. Mayor Olson stated that the committee must recognize that work needs to be done before the city can make a policy like that. Mayor Olson, the CAO and the Clerk/Treasurer will meet tomorrow regarding the budget process. Staff is working to present a management budget to the council before July 1s Mayor Olson asked the council to consider scheduling a budget presentation on Tuesday, April 23r as April has five Tuesdays. There will be further discussion at next week's council meeting. Recognition of Employees • Bruce Lefler — 32 years of employment on April 6th • Doug Reiber — 32 years of employment on April 6 6 Council Workshop Minutes of April 9, 2013 • Robert Volmer — 30 years of employment on April 15 • Tim Reiter — 27 years of employment on April2 °d • Cindy Allen — 15 years of employment on April 17 • Kelly Rhoads — 8 years of employment on April 11 • Brenda Sell — 8 years of employment on April 28 • Jim Huertas — 6 years of employment on April 18` • R. O. Volmer — 5 years of employment on April 28 Mayor Olson expressed appreciation for the service of the employees that have and continue to serve the City of Laurel. He mentioned that Heidi has been pushing for a line item in the budget for recognition for employees' years of service. The council workshop adjourned at 8:00 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. 7