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HomeMy WebLinkAboutCouncil Workshop Minutes 05.14.2013 MINUTES COUNCIL WORKSHOP MAY 14, 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 May 14, 2013. 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 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 • Laurel Ambulance Service Appointment: Kevin Davis Mayor Olson stated that the appointment would be on the May 21 council agenda. Executive Review: • Resolutions — SRO contracts Heidi Jensen stated that the SRO contracts were removed from tonight's agenda for further discussion with the school district. • Resolution — DEQ Administrative Order of violations at WWTP Heidi stated that the DEQ recently requested a telephone conference with the Mayor, Public Works Director and the CAO. Chad Hanson, of Great West Engineering, also attended the conference call. Since the city has not started construction and will not meet the June 30, 2013, deadline for the UV, the city is subject to DEQ Administrative fines. DEQ is aware that the city has applied for an extension, is moving forward to obtain the loan through DNRC, and is getting the permit approved through their agency. Since the plant is more technologically advanced than their permitting process, Great West had to explain to DEQ how the plant will run and the size of the plant needed. After the explanation during the conference call, DEQ acknowledged that the city has been moving ahead and deferred the fine to 10 percent of the actual cost. The fine is $27,500 and has been deferred down to $2,750. It is important that the city continues to move forward with selecting a bid for construction and securing the additional DNRC loan, or the city could be fined substantially in the future. Council Workshop Minutes of May 14, 2013 Doug asked about the possibility of taking the effluent that comes out of the WWTP that would typically go into the river and supplying it to Cenex for raw water. Mayor Olson explained that Cenex Refinery investigated and decided against that option, as it was not cost effective and did not fit into their process. • Discussion — Annexation of Riverside Park Monica Plecker spoke regarding a fact sheet she prepared for annexation of Riverside Park. Riverside Park is city owned and is the only parcel the city would request to be annexed at this time. Since the city is the single landowner, or 100 percent landowner, it would be annexed by a petition. On behalf of the city, the mayor will write a letter requesting that the legally described property be annexed so adequate city services can be provided. City services include utilities, fire, police, emergency services, street maintenance, garbage and any kind of service that is offered in the city. When annexing a multi - parcel area by petition, it usually goes to the electors for a vote. Since the city is 100 percent landowner, it will go straight to the resolution process, which does not require a public hearing or recommendation from the Planning Board or a public hearing for city council. In order to annex, the city is required to prepare, as per MCA, a long -term plan to provide services. The plan must cover police, fire, emergency services, garbage, street maintenance, and any other services offered by the city, as well as the future extension of streets, major trunk water mains, sewer outfall lines, etc. Monica stated that the city attorney provided information regarding another area that did an annexation with a plan to not provide services. The city's plan would simply state that water and septic would be provided through wells and drain fields and not through city services. The plan should also provide a timetable for provision of the services, and many of the services are already provided since it is a city park. Tentatively, the resolution to accept the Mayor's petition and to annex the property and the plan will be presented to the council at the May 28 workshop. There is no waiting period once the resolution has passed, so as soon as the resolution is filed with the clerk and recorder, the property will be in the city limits. There was discussion regarding the city's park plan, the issues with the septic systems in Riverside Park, enforcement of city ordinances in Riverside Park, the proposed park maintenance district, the issues in the old dump areas, and the advantages /disadvantages of annexation. The annexation of Riverside Park will be on the May 28` council workshop. • Council Issues: o Big Sky State Games in Riverside Park (Tom Nelson) Tom stated that the request to allow the Big Sky State Games to hold the small bore shoot in Riverside Park came before the council last June. If the council decided not to allow the shoot this year, there would be no time for the Big Sky State Games to find another venue. Iry Wilke, 1017 7` Avenue, explained that he recently reminded the Lease Task Force about the Big Sky State Games event in the middle of July. There had been hints that the event might go forward once the Rifle Club got their lease, but no lease has been discussed or finalized. Darrell, Johnson, president of the Rifle Club, already told the Big Sky State Games that the event could be held in Riverside Park as a single event. No other outside shooting is allowed in the park, as a sunset for outside shooting was included in the club's lease. Iry asked the council to allow the event this year, as Big Sky State Games has already published the registration forms and distributed information regarding the event. Steve Krum is the head of the small bore pistol rifle event. 2 Council Workshop Minutes of May 14, 2013 Mayor Olson requested that Darrell Johnson and Steve Krum attend the council workshop on May 28 to present the request for council action on June 4 There was discussion regarding the organization of the Big Sky State Games small bore shooting event, the need for copies of the Rifle Club's shooting protocol, the fencing along the ditch bank, the probability that the Big Sky State Games contacted the Laurel Rifle Club regarding the event in late February, the sunset for the Rifle Club's outdoor shooting, and the request for this special event. o Update on drainage pipe at Sixth Street and Fourth Avenue (Emelie Eaton) Heidi stated that the Public Works Director looked at the drainage pipe at Sixth Street and Fourth Avenue. He noticed that it is bent but not hazardous, and it will be worked on or replaced at their convenience. o Fireman's Park (Emelie Eaton) Emelie mentioned that someone asked her about the Fireman's Memorial Park and Fireman's Park, if there was any intention to change the name of Fireman's Park, and why Fireman's Park was named Fireman's Park. Mayor Olson stated that Governor Judy Martz officially dedicated the State Firefighters Memorial Park by the FAP building in 2004. There was discussion about Fireman's Park next to the Chamber building and it was suggested to have the Park Board review the name. o Update on 2011 Yellowstone River flooding event Heidi stated that during last week's conference call with FEMA, Steve Hardigan, who does the environmental protection work for FEMA, was concerned that there has not been enough public participation or knowledge of the issues at the park. She told Mr. Hardigan that it has been discussed every week since 2011 at a council workshop or meeting. He said that it must be published on the agenda, so the item will be on the agenda until the project is 100 percent complete, whether or not there is something to report. The next conference call is on May 21 at 2:00 p.m. Emelie mentioned that, at yesterday's Public Works Committee meeting, the Public Works Director talked about a water weir within the river and also stated that he brought it forward because FEMA said there had to be public notification. Emelie asked if public hearings would be needed for each individual issue. Heidi stated that hearings would be held as directed by FEMA. She will compile documentation of discussions about the projects. If Mr. Hardigan does not think the public has been adequately informed or notified of their ability to speak, he will let us know if an additional public meeting is needed. At this time, the city will wait until directed by the federal government. Chuck stated that, at the last council meeting, he asked about repair of the chuckhole in the southbound lane under the bridge. He was told that it is a state highway but it still needs repair. Heidi will notify the state regarding the issue. 3 Council Workshop Minutes of May 14, 2013 • Other items Heidi met with Mayor Olson and the Public Works Director today and was informed about a major water valve problem on East Maryland in the Village Subdivision. The water will be shut off to Sid's Restaurant and the Village Subdivision for part of the day tomorrow. Castlerock Excavating gave an estimate under $5,000 to help repair the four valves in that area tomorrow. The valves are corroded and have turned into black goo. This will be the second time in two weeks that Village Subdivision has been without water, and public works hopes to complete the project within six hours. The water will be shut off after 8:00 a.m. and the plan is to replace the valve at Sid's first, so they can be turned back on for the lunch crowd, and then continue to Village Subdivision. Mayor Olson explained the Chamber of Commerce's request to post "No Parking" signs on the parade route for the 4 of July parade from 6:00 a.m. to 2:00 p.m. The Chamber will post the signs the weekend before the 4th of July. The request was made for safety and liability issues during the parade. Mayor Olson mentioned that throwing candy and squirting water will not be allowed during the parade. • Review of draft council agenda for May 21, 2013 There were no changes. • Attendance at the May 21, 2013 council meeting Mayor Olson will request that Kevin Davis attend for the appointment to the Laurel Ambulance Service. • Announcements Mark thanked the staff for the tour of the water plant prior to the council workshop. He hopes that some of the issues, including the fencing, can be alleviated soon. Chuck asked regarding the left hand turn arrow on First Avenue. Heidi explained that MDT has been informed of the issues but has not committed to do anything yet, so the city just has to wait on MDT. Chuck asked who is responsible for weed control around the trees on Eighth Avenue. Heidi explained that if the trees are in the boulevard in front of a residence, it is the homeowner's responsibility. If they are in the city's right -of -way, she will talk to the Public Works Director. Homeowners were notified of their responsibility. The city is short a code enforcement officer now, so weed patrol might be slow this year. Chuck mentioned that the Laurel Outlook has an opinion survey and suggested getting public input regarding a name change for Fireman's Park through that survey. Tom spoke regarding the lease discussions for the Rifle Club. The current Lease Task Force would be able to complete that in a few meetings, and he asked for consideration for that to happen before turning the leases over to the Park Board. Iry Wilke will be the contact person for the Rifle Club. Scot asked about the status of the water station. 4 Council Workshop Minutes of May 14, 2013 Heidi explained that staff investigated other potential railroad owned properties that could be used for the water station. Two possible locations were identified at a property next to the new car processing lot on East Railroad and the lot south of Red Neck Pizza. Heidi sent an email to Teresa Beckwith, the city's MRL contact for land use, and asked if either one would be a possibility to lease. Teresa asked for more information and Heidi asked her to see the city's previously submitted application. The preferred spot would be the Fifth Avenue location next to Red Neck Pizza, as there is a nice turning radius and the water and sewer are close. Scot asked regarding permits for solicitors. There was discussion. Bruce stated that the issue was previously referred to the Emergency Services Committee for discussion. Scot stated that there are some dead trees on Eighth Avenue and asked if anything can be done about it. Heidi explained that the trees in the boulevard in front of the house, they are the homeowner's responsibility. The Tree Board had the same concern that we were under a warranty with the State, as they were planted by the State. The warranty has expired since the project was completed several years ago. She can have the Tree Board and Public Works Department look into the situation. Emelie asked if she should attend the next Park Board meeting about the possibility of renaming Fireman's Park. Since the issue was referred to the Outlook for the opinion page, she wondered what to do. Mayor Olson stated that it might be best to find out the public's opinions first. Mayor Olson and Mark Mace attended the Elected Officials Workshop last week in Billings. There were poignant discussions on several issues, including land use. The Legislature funded the Local Government Center for half of their operating costs, which is $100,000. Mayor Olson hopes the funding will continue for the Local Government Center, as they provide needed services to local governments. Recognition of Employees • Les Deines — 32 years of employment on May 19 • Michelle Steffans — 19 years of employment on May 31st The council workshop adjourned at 7:44 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. 5 ANNEXATION DEFINITION (long -range is defined in code as a minum of 5 years). "The incorporation of a land area into an existing community with a resulting change in WHAT IS INCLUDED IN THE PLAN? the boundaries of the community." (The Illustrated Book of Development Definitions) MCA specifically states the muncipality must account for: PROJECT AREA • Extending police, fire, emergency Riverside Park also described as S15, T02 S, R24 services, garbage, streets and street E, C.O.S. 3389, PARCEL 1, (10) maintenance. • ts, major water Future mains sewer ion of outfa lines, etc. trunk E RN N/.RD1 RD • A timetable for the implementation of ', services (streets, waterlines and sewerlines). • \ • A method to finance improvements ' (The plan must clearly state that the entire muncipality will share the tax a burden). • • • OTHER FACTS ANNEXATION BY PETITION • The City /County Planning Board is not Montana Code Annotated 7 -2 -4601 requires a required to hold a public hearing or written petition requesting the property be make a reccommendation on the annexed into the municipal corporation. matter. Because Riverside Park is City owned the Mayor • City Council is not required to hold a will execute the petition. Also, since the City is public hearing on the matter. sole owner of the property and represents 100 percent of the affected electors no election is TENTATIVE TIMELINE needed. The Council will approve by resolution the petition. (This action can be incorporated in Council Workshop May 14 — Annexation the resolution to annex which is also required). discussion. PROVISION TO PROVIDE SERVICES May 28 Workshop /June 4 Regular Meeting — Resolution to accpet the petition and annex the Montana Code Annotated 7 -2 -4763 requires property. At the time the long -range annexation that a Tong -range plan be presented describing plan will be included. how the municipality plans to extend services Prepared by the City of Laurel Planning Dept.