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HomeMy WebLinkAboutCouncil Workshop Minutes 06.25.2013 MINUTES COUNCIL WORKSHOP JUNE 25, 2013 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Council President Doug Poehls at 6:30 p.m. on June 25, 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 Chuck Rodgers Monica Plecker Iry Wilke Shirley Ewan 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. Iry Wilke stated that he received a call yesterday from Kevin Zart, the Brotherhood of the Locomotive Engineers Union representative. They asked the Laurel Rod and Gun Club to put on a trap shoot picnic for the group. The Rod and Gun Club would do the shooting portion of the event and they would do the picnic. When Iry informed them that the building is unusable and they would have to go to the Jaycee hall to use their facility, he suggested that they put up a big tent. The mayor had told Kevin to present a formal request at the council workshop on July 9 Iry stated that the protocol in the lease would still be in place for this special event. More information will be presented on July 9th General items There were none. Executive Review: • Cemetery Commission Update Chuck Rodgers presented information regarding the city's cemetery. The cemetery was imaged a couple years ago and he wanted to see how accurate the information was. After some review, Chuck and Cathy Gabrian found that the overlay and the lots were almost identical. They did some measuring and found that row 9 from the west was actually supposed to be row 1 of section A and row 8 was actually in section H. The city is close to needing to open up more gravesites. Section H is the closest and easiest section to get to, but some road work needs to be done in order to utilize the area, which would provide about 255 full size burial plots. The city averages about 80 burials a year. In section B, there are four rows that have been skipped over and could possibly be used for 100 cremation sites. No road work would be needed in that area. The back two rows in section Q could be opened up, but road base would be needed first. Council Workshop Minutes of June 25, 2013 Chuck spoke regarding measuring the 4 -foot byl 0 foot lots and the 6 -foot walkways, fmding indentations where burials were done, the need to mark the 38 to 40 burials sites with "Unknown" concrete markers, and the additional imaging that is needed. The imaging that was done only went up 120 feet from the south to the north, but the lot layout goes 144 feet, so 22 feet were not imaged. Rows 11, 12 and 13 still need to be imaged in that vicinity, which is known as a baby section. There are 11 baby graves there. Chuck has done some research with people in the community and hopes to find more people with information. He spoke about several babies that were buried in 1918 and 1919. There was discussion regarding a quote for $2,800 or $2,900 for the additional imaging that was received from a gentleman from the college in Missoula. The original imaging was done by a contractor out of Spokane. The Cemetery Commission might make a request for that. Staff is working to provide information for the cost of improving the roads to get around section H to the back side of the cemetery. Chuck recently made an 8 x 24" form that is 3.5 inches thick and made a stamp that says "Unknown ". He then spoke with Schessler Ready Mix about using leftover concrete from jobs to fill the form to provide markers for unknown gravesites, and they agreed to provide that service. Chuck stated that all of the unknown gravesites would be marked at some point in the future. • Resolution — Create SID No. 115 (Public Hearing on July 2, 2013) Monica Plecker stated that this is the end of the process to create the SIDs. Some people called and inquired but no written protests were received. In order for a special improvement district to fail, 51% of the property owners in the district must protest in writing. At the public hearing, people can participate and protest, but the protests do not contribute towards the 51% threshold. SID No. 115 is the final resolution in the step of actually creating the district for the 5 Avenue project. The total cost of the project is $91,600. If the district succeeds, the city will go out for the actual sale of the bonds rather than securing a private loan. Until those things are done, actual costs and schedules related to payments are unknown, as the district has to be created first. Information regarding the costs was included in the previously adopted resolutions of intent to create the districts. • Resolution — Create SID No. 116 (Public Hearing on July 2, 2013) Monica explained that SID No. 116 is for the Cottonwood Avenue project. The total cost of that project is $98,400. Some questions were answered but zero protests were received for the creation of this district. • Resolution — Variance Request for Dan Foos (Public Hearing on July 2, 2013) Monica stated that the council received her staff report. Dan Foos submitted a request for a variance to waive the setback requirements on his property. The property is currently zoned Community Commercial, which requires a 20' setback in the front and 10' setbacks on sides adjacent to streets. The current structure located along the north edge of the property exceeds the setbacks identified and the structure was there prior to the enactment of zoning regulations. An attached a map shows the property is Lot 1A, which has East 4 Street to the north, Birch Avenue to the east, and East Main is where it fronts. There are a lot of constraints with streets on three sides and the lot is not a traditional shaped lot. These things have been considered in the applicant's written request, which was also attached. In the addendum attached to the letter Mr. Foos submitted, he addressed the Laurel Municipal Code 17.60.020, which talks about the seven criteria in which a variance can be granted. He specifically addressed that he feels the odd shaped lot, in conjunction with the setbacks, creates a 2 Council Workshop Minutes of June 25, 2013 challenging situation. The Planning Board held a public hearing and there were two opponents to the variance. One opponent submitted a written comment, which was attached to the staff report, and the other was spoken. Duane Guenthner stated that the rules were in place for a reason and should be followed; and he did not think the variance should be granted. The written comment came from Curt Bradley, and he believes there are several problems with the area in general. He is not satisfied with the road condition, mainly because he feels the city garbage trucks have broken down the road. He does not like the location of the garbage cans and would like to see the issues resolved. If they are not resolved, he is not in support of granting the variance. Monica has discussed the matter with public works. There is a common driveway between the two lots and there are not a lot of good places to put the garbage cans. Monica stated that it would be important to consider the relevance of these things that were brought up by Mr. Bradley in relation to the actual request at hand because the request at hand is if setbacks can be waived. The way the building stands now, if he is asking to utilize the existing footprint, the problem would not go away. At the June 6 meeting, the Planning Board unanimously recommended approval of the variance. Members of the board believe that the shape of the lot with street frontage on three sides really constricts the property. They also believe that made it special and peculiar. They also thought that the variance continued commercial use for property that currently has a vacant structure on it is within the intent and purpose of Chapter 17. Monica stated four staff conditions for the variance: the variance should be good for three years from approval on unimproved property; the applicant shall apply for a building permit; property shall be kept free of noxious weeds; and all storm water must be kept on site. There was a lengthy discussion regarding trash cans in the streets and the public right -of -way, the applicant's proposed new curb cut on Birch Avenue as an approach for the property, determination for relocation of the garbage cans by the public works department, vehicles backing up to the proposed storage units, the current setbacks, and the differences in setback requirements between Community Commercial and Central Business District zoning. • Resolution — Contract with Peaks to Plains for a Park Master Plan Heidi explained that the city's legal counsel reviewed the original contract and removed the arbitration section. The dispute section remained the same. Other changes were wording changes about when payment should be received, how payment should be received, and the timeliness in which the work would be completed. Work is to be completed within one year. Ms. Rieck promptly replied to Mr. Painter's requests and agreed to all the changes and is happy to proceed forward. The amount has been budgeted in the 2013 -2014 budget. The secretary will email the final contract to the council. Mark Mace mentioned that some people asked about the pool study at the recent Park Board meeting. Peaks to Plains agreed to put a statement about the swimming pool in the questionnaire. • Resolution — Mechanic job description Heidi explained that, with the resignation of the city's mechanic, the job description needed to be updated. The job description did not require the ability to obtain ASE certification or to do digital diagnostic work. Most of the equipment the city buys now requires some sort of computer to determine what is wrong with it. The city does not currently have the equipment, but it is time to update the type of mechanic work and repair work on the equipment. Under Education, Training and 3 Council Workshop Minutes of June 25, 2013 Experience Requirements, the job proposed description requires someone to apply with the ASE Certifications or have the ability to get them. Local 316 will have to approve the job description before the city advertises the position. • Resolution — Adopt Management Budget Heidi explained that the council held a special retreat in January to discuss the way to move forward with the budget this year. The new fiscal year begins on Monday, July 1 Approval of the resolution would allow the city to proceed forward with a Management Budget, which is just a tool for the department heads to continue projects and get them completed in the construction months. Planning was not being done because department heads did not know what their budget would be, and Heidi found that to be unacceptable. The construction season is so short that they should not stop projects in June and pick them back up again in October. There must be a fluid transition between budget years, so Heidi asked the department heads to return their budgets in February. The mayor, CAO and clerk/treasurer negotiated with the department heads in March and April and completed the capital improvements budgets in April and May. Heidi asked Shirley to present the Management Budget. Shirley explained that the changes were shown in blue wording. This is strictly a management budget, and the city still has to go through the preliminary and final budget process after the mill values are received and before the budget can be submitted to the State. Shirley explained the following changes: • Added seniority pay for the police union; • In the Fire Department, added $22,416 for wildland fire clothing, which leaves $8,031 to transfer over to the CIP monthly. The $22,416 is 15 percent of the fire district contracts, minus the pumper payment. I can only transfer $8,031 because he is using this $22,416 for wildland fire clothing. • In the Water Fund, added $80,000 for a new excavator. Cash from the water line insurance program is used for breaks and for curbs and valves. A new excavator will be purchased to use for the valve replacements so the city does not have to hire a contractor. • The $85,000 Preliminary Engineering Report from Great West for the sed basins and the water plant was added. The city will receive $15,000 from DNRC and $15,000 from TSEP and the city's share will be $55,000. • In the police union, the Senior Rate Step increase was added but has not been ratified. • The CIP Fund was cut by $1.6 million. The fund includes: a smart lock system for the FAP and City Hall for $13,000; FAP office remodel for $80,000; Stryker Stretcher for the Ambulance for $11,000; Cemetery Irrigation System for $148,000; Park Master Plan for $40,000; and Transportation Study for $80,000. • In PERS, the City's share went up 1 percent and will increase .10 percent over the next four years. It will now be 8.07 percent, instead of 7.07 percent. • Workers' Comp went up 8.5 percent. Unemployment insurance went from .0035 to .0045 percent. The funds that are not part of the Management Budget include: 2190 Comp Insurance — cannot calculate until the last payroll of year on June 28, 2013; 2370 PERS — dependent on mill values; 2371 Health insurance — dependent on mill values; 2372 Permissive Medical — dependent on mill values; 7120 Fire Disability — dependent on mill values; and 7850 Airport Authority — dependent on mill values. 4 Council Workshop Minutes of June 25, 2013 • Council Issues: o Lease Task Force update Tom Nelson stated that the task force is close to completing the contract with the Rifle Club for indoor shooting. There have been some issues with the condition of the building. Bill Mountsier and Iry Wilke recently looked at some of the root plumbing and mold issues the club has which are major repairs and would be the city's responsibility. The mayor has staff looking at that and will report back at the meeting on Monday, July 1 One issue that will be discussed is the possibility of a ten - year lease, as opposed to a five -year lease. Tom asked Iry Wilke to present that issue to the council. Iry Wilke explained that the club would like to ask the Friends of the NRA for funding for inside repairs, once the building can be used again. He does not foresee the indoor shooting being a three - site quality, but it should be near that. With some money from the NRA, they might be able to accomplish that. The NRA's guideline is a ten -year lease when they give grants and the club does not own the property. When the club received the $8,200 grant, they matched it with volunteer labor to do some ventilation, concrete work, and electrical work. NRA was hesitant about the five -year lease. If the club applies for a $50,000 to $70,000 request in grant, Iry thinks they need a longer lease. The club is trying to make better use of the building. Three separate youth groups, including an air rifle group, a BB gun and a 4 -H archery group, work out of the building. The second NRA pistol class was done last Saturday in the building. The club's vision is to have a really good indoor shooting facility for the community. Iry mentioned that Bruce McGee had brought up an issue about the police department not having the ability to use the range. Iry spoke with Chief Musson today about his vision was for the use of the building for training purposes. The police department has not used it in most of the time the range has been there. They have used the outdoor range and, as discussed on the task force, there has been some friction. Iry wants to correct that. Chief Musson indicated that it would be very little training, if any at all indoors, outside of possibly classroom stuff because the range is not large enough. Chief Musson is looking more to the outdoor range at Airport Road and 72 Street and really does not see the police department using the facility in the future, but that could change. o Update on 2011 Yellowstone River flooding event Heidi stated that she and Mayor Olson traveled to Helena last week for a meeting with Todd Tillinger, who is the Section 8 manager for the Army Corps of Engineers. Jeremiah Theys, from Great West Engineering, met them at Mr. Tillinger's office and they spent approximately 2.5 hours reviewing the alternatives and why the city feels that a weir and lowering the intake and putting new screens on the current intake is the best solution. Mr. Tillinger's boss, David LaGrone in Omaha, had a lot of questions and was not necessarily receptive to some of the ideas. Mr. Tillinger actually defended the proposals that Great West has proposed. Meetings are scheduled with Fish, Wildlife and Parks in Billings and with the DNRC on Thursday. The last permitting agency is the DEQ in Helena, which holds two permits that are needed and is adamantly against going into the river. Heidi had a FEMA conference call phone update today. The city received the CLOMR last week. We have been working on the CLOMR over 180 days and it was one of the last steps to get to the south bank restoration. Now that the CLOMR has been reviewed by FEMA's external engineering firm, it goes into the environmental historical preservation review at FEMA. Steve Hardigan assured Heidi today that, once the CLOMR is in his queue, he can have it out within 72 hours. That would put the south bank restoration project four to six weeks ahead of the schedule that Great West projected, with construction possible in September or October. The next FEMA phone conference is scheduled on July 9th 5 Council Workshop Minutes of June 25, 2013 There was a question regarding the outlook for low water flows. Heidi stated that it will be interesting to see what kind of river movement the diversion ditch created to flows to the old intake once the water goes down. Everyone is on alert if the city should end up in another crisis like late last August and early September. The biggest obstacle then was that the Army Corps would not issue the permit so FEMA would not issue the money. The city had to pay for that work because it was a serious emergency for the residents. FEMA and the Army Corps understand that the emergency might happen again. Todd Tillinger has assured the city that a permit can be issued within 24 hours. Now that staff knows how deep the scour hole is and what kind of situation could occur again, the city can be more prepared. Other items • Resolution — WWTP Bond Resolution Shirley explained the financing for the Wastewater Treatment Plant upgrade. The city will receive $6,539,720 from DNRC through bond sales. If the project is finished, $175,000 will be forgiven. There will be two bond loans, one Series A Bond for $3,784,720 and one for $2,580,000. Dorsey and Whitney wrote the resolution, which is 70 pages long and is available in the clerk's office. Closing on the bond is scheduled in the early part of August so the city can start receiving money. At this point, the city can receive the TSEP money, which is $572,000. The complete resolution will be emailed to the council. Review of draft council agenda for July 2, 2013 • Public Hearing — Create SID No. 115 • Public Hearing — Create SID No. 116 • Public Hearing — Variance Request Attendance at the July 2, 2013 council meeting Scot will not attend the meeting. Announcements Tom mentioned that the Cemetery Commission minutes noted the suggestion that the Laurel Outlook publish a story about Chuck Rodger's search for information regarding the gravesites in the cemetery. Tom stated that the Cemetery Commission will move forward with the sprinkler system in the new budget year. Chuck Rodgers stated that, in the past, every organization in Riverside Park had a ten -year lease and he does not know how that got changed. When the Jaycees took over the hall in the park, they tried to get a loan from the bank. The bank told them they could not give them a loan with only a one -year lease. At that time, Chuck and Tom Bradley talked about it and agreed that they should have ten -year leases. Chuck encouraged the council to take a ride around the cemetery and look at the roads up there. Comments have been received because of the Veterans' Cemetery. When something is going on over there, people come over and view the city's cemetery. Chuck stated that we have a diamond sitting up there and just need to make it shine. The council workshop adjourned at 7:47 p.m. 6 Council Workshop Minutes of June 25, 2013 Respectfully submitted, Cindy Allen Council Secretary NOTE: This meeting is open to the public. 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