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HomeMy WebLinkAboutCouncil Workshop Minutes 11.26.2013 MINUTES COUNCIL WORKSHOP NOVEMBER 26, 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 November 26, 2013. COUNCIL MEMBERS PRESENT: _x 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, CAO Iry Wilke, Rod & Gun Club Monica Plecker, City Planner Shirley Ewan, Clerk/Treasurer Public Input: Kat Stokes, 1135 Ninth Avenue, recently substituted for the 8 grade Language Arts teacher, Mr. Hill. The 8 graders have been reading newspaper articles and learning how to develop their own opinions and understand how government and community work. One project was to pick something that is happening in the local environment and research it. The students wanted to write letters to the city council and the mayor regarding the parks, so there are over 130 letters. Kat and the teacher wanted to know if the council would allow the students to read the letters at the next council workshop on December 10` There was discussion regarding the number and length of the letters, the likelihood that all of the students would not chose to read their letter, the possibility of having twelve to fifteen students read the letters at consecutive meetings, the importance of allowing youth to interact with city government, the suggestion to have the students select fifteen of the best letters to present to the council, how the students were asked to do this project, and the consensus to have ten to fifteen students read their letters presented at the next council workshop. Mayor Olson mentioned that Heidi Jensen would be sitting at the bench with the mayor during council workshops. General items: Mayor Olson stated that the appointments of Eric Handegard, Drake Gradwohl, Keith Burns, Michael Jenkins and Tomas Sarkela to the Laurel Volunteer Fire Department would be on the next council agenda. Executive Review: • Resolution — Fund overdrafts for FY 2012 -2013 Council Workshop Minutes of November 26, 2013 Shirley Ewan stated that the auditors are scheduled on January 20` • In order for them to do the audit, she needed to close any funds that were overdrawn for the budget authority for last fiscal year. Shirley closed the books today and will send them to the auditors tomorrow. Five funds were overdrawn from their budget authority. The Gas Tax Fund over expended the budget by $2,809, mostly due to extra overtime wages. The reserve in the fund will cover the $2,809. The original budget authority for the Library Aid Grant was $2,087 and the fund is over expended by $68.00. More revenue was received from the grant this year, but it was not budgeted. The library director took some Federation trips, which provides the money for the Library Aid Grant. There are reserves to cover the overdrawn fund. The original budget authority for the COPS Grant was $75,704 and the fund is over expended by $7,977. The over expended amount was due to the fact that the city has to do a book entry showing that MPORS, the State portion of it, pays into it and then it is expended out. It is just a transfer of funds. The fund was also over expended with the actual wage. Instead of the $75,704 that was anticipated, the wage was $83,681. The fund was short cash of $4,457, so Shirley closed out the fund and transferred $4,457 from the General Fund into the COPS Grant Fund to clear it out. The $83,681 has been absorbed by the General Fund this fiscal year because the COPS Grant is over and the city was required to keep the police officer on for one more year, which will end on December 31s The actual resolution and the bond document for SID No. 111 say that any pre - payments on the bond have to pay bonds off early. There were three pre - payments this year, so the additional $7,300 was sent to the Montana Municipal Cooperative to pay off that bond early. The original amount in the 911 Emergency Fund was $75,088. The fund was over expended by $929 because the Industrial Communications contract was paid for more than one year. The pre -paid payable will carry over to the next year, but it overdrew the actual budget authority for 2012 -2013. There were questions regarding the $4,457 cash shortage in the COPS Grant and whether the increases were reflected in this year's budget. Shirley explained that the General Fund had to come up with a balance that was not drawn down from the actual grant. It was difficult to know exactly how much was left in the three -year grant, as the fiscal years are different than the city's fiscal year. This year's budget reflects the $83,000 for the COPS Grant, which has been put into the Police Department's expenditures. The Library Aid Grant was increased this year. Personnel expenses are taken out of the Gas Tax Fund, and if someone is gone and someone else works overtime, the fund is affected. Heidi stated that the General Fund absorbed a large amount with the $83,000 to fulfill the COPS Grant this year. An officer has transferred from the Police Department to the Public Works Department, so the city will be able to absorb the $83,000 back into the General Fund in the next budget cycle through attrition, which is a huge cost savings to the city. The city will not have to lay offa cop at the end of the year, as was originally planned for the last three budget cycles. Shirley mentioned that a budget amendment resolution for the street lighting districts might be needed after the audit is completed. 2 Council Workshop Minutes of November 26, 2013 • Resolution — Agreement with NeighborWorks MT for housing assistance Heidi stated that there were two resolutions for the council's consideration. The first is an agreement with Neighbor Works and the second appoints a city designee to coordinate NeighborWorks. Heidi introduced Mary Lou Affleck, the representative from NeighborWorks, to present the program. Mary Lou Affleck, 241 Annandale Road in Billings, represented NeighborWorks MT. It is a non- profit organization that covers the State of Montana and administers downpayment programs and everything with affordable housing. NeighborWorks is designated from the Montana Department of Commerce through their HOME Investment Partnership Program to be the designee to administer those funds. Funding would not be channeled through the city's accounts and there would not be any compliance for the city to deal with, but NeighborWorks administers the funds through the State. Yellowstone County, Carbon County and the City of Red Lodge recently approved agreements with NeighborWorks MT. Mary Lou stated that local residents who have been visiting with local lenders are aware of this program being available elsewhere and they are interested and actually need these funds to help them obtain home ownership. The fund can provide as much as $40,000 in downpayment program assistance through a deferred loan. It is a deferred loan, not a grant, and even though the homeowner does not make payments at the time of the sale of a home, those funds go back against the mortgage and are recouped in that sense. The downpayment gap might be $10,000, $15,000 or $20,000 and disabled families can get the benefit of up to $40,000. The city needs to adopt a resolution allowing NeighborWorks to administer the fund and a resolution to designate an environmental preparer. There was discussion regarding the exhibit for the Environmental Review Record and the deferred loans, which provide gap financing based on each homeowner's need. NeighborWorks MT is a subcontractor for the Department of Commerce administering the funds to benefit a local resident. After the City of Laurel gives permission for them to do so, the documents go to the Department of Commerce and then the city will be posted on the website as an eligible area for the program. • Resolution — Adopt Growth Management Plan Monica Plecker — the first resolution is to adopt the City of Laurel Growth Management Plan. The council approved a resolution of intent to adopt the growth policy two weeks ago. The resolution of intent triggered a two -week public hearing to receive comments and which closes next Tuesday at 5:00 p.m. Some language in the resolution could change if any written comments are received. This is the final step for the growth policy. • Resolution — Policies and Procedures for the Laurel Transportation Program. Monica stated that the Laurel Transit operates an in -town service and is on a temporary break with the service to Billings due to some issues. In the compliance review with the Montana Department of Transportation, it was identified that the city did not have any formal policies and procedures in place for bus maintenance, bus ridership, no shows, cancellations, etc. As the bus is used more and more, there is a need for structure. The standard document was reviewed by the Transportation Advisory Committee, which meets quarterly, and the TAC recommended approval of the document at the August meeting. The document was also reviewed and approved by MDT. 3 Council Workshop Minutes of November 26, 2013 There was a brief discussion regarding whether bus maintenance issues are done by the city's mechanic or the dealer and the "check engine light" that was on in the Ford van. Work is done by the city's mechanic and/or by the dealership, depending on the need. • Resolution — Community Hope variance request and public hearing Monica explained the resolution to grant a variance from the city's zoning ordinance that would restrict the property at 204 Cedar Avenue, Community Hope, from expanding its non - conforming use. Mike Gradwohl, who is a board member of Community Hope, submitted an application for a variance from LMC 17.56.030, which specifically states that a non - conforming use cannot be expanded. It says that "no building used for a non - conforming use shall be enlarged, extended, reconstructed, or structurally altered." The property is currently used as a location that provides assistance to individuals that are in need in Laurel and the surrounding area. For zoning purposes, it falls under a commercial business. The Planning Board had questions whether they are really a business when they are a non - profit, and Monica stated that they are a business. There are several non - profits who are commercial entities. Hospitals are a great example, as they are non - profits but are still in a different zoning classification. The non -profit status does not affect how it is viewed and what kind of retail donation trade in that building. The property is currently zoned Residential Limited Multi - Family. In 1994, the city council allowed construction of Community Hope by special review. Monica stated that, in reviewing the minutes from that meeting, there was substantial protest and community members felt that it was not a good idea with increased vehicle traffic and transient traffic. The planner at that time advised the council that it could not be denied since it was a charitable use, so the use was granted by the council. With this request, the applicant wants to add 500 square feet of additional space to the present structure. Community Hope has partnered with Walmart and has an agreement to receive Walmart's produce and items that are not fresh enough to stay in the store but still good enough to use. Community Hope needs additional indoor storage. In the application, the applicant did not address Laurel Municipal Code 17.60.020, but in the public hearing, another board member tried to address those items, which are the seven criteria for which a variance can be granted. Monica stated that this is a unique situation since it already exists. The building has not been vacant and the non - conforming use is currently happening as it stands. The Planning Board did not feel that 500 square feet of additional space would be an injustice to anyone, considering the use is currently there and Community Hope is going to continue to serve the need. The Planning Board recommended approval because it was allowed in 1994, 500 square feet is minimal, there is obviously a need, and they felt there was a justified need to allow for additional space. The staff suggested conditions include: the variance should 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 the storm water shall be kept on site. Doug asked to see a plan for the storm water, as there is already a storm water issue on the south side. He does not think the property can retain the storm water currently required for the property without 500 square feet more of coverage. Doug stated that he protested the request in 1994. There is a transient problem on the south side and Community Hope has not helped the transient problem at all. There is always stuff outside their building. Doug stated that the original plans that Community Hope submitted are not even close to the current building. The original plan had access off the street and not off the alley, but that has never been implemented because there are always people going through 4 Council Workshop Minutes of November 26, 2013 the alley or off Second Street through the alley and through the parking lot. The original plan did not allow that. Doug stated that the whole property was supposed to be fenced, but the property has never been fenced. Doug would like to see these issues addressed before considering another variance. Monica stated that there was an extensive list of conditions when city council permitted the special review in 1994, and there are conditions that have not been met. She suggested that the city council consider adding more conditions. Chuck asked a question regarding requirements for the exterior of the proposed addition in relation to the existing building. Monica explained that city codes do not state that they have to do things a specific way. Scot asked for a copy of the plans. The variance request information and the plans were included in the Planning Board minutes of November 7 which were previously distributed in the council mailboxes. Bill asked if the food storage was refrigeration food storage or an open pantry area. Monica explained that they need covered storage, which could include freezers, refrigerators and shelf storage. Bill asked to see the minutes, conditions and the diagram on how they plan to do this. He would also like to talk to the neighbors and fmd out what specific problems they have had because the conditions were not met. Monica will provide the information. Tom asked if the city planner gave erroneous information to the council in 1994 that they could not deny the variance request from a charitable organization. Monica does not know what the MCA said in 1994, but now there is nothing that says that the council cannot deny and must allow a charitable use if it is non - conforming. Emelie asked if this issue would be delayed for two weeks, in light of the conditions and questions voiced. Monica can provide the information to the council electronically tomorrow. A public hearing is scheduled and has been advertised and noticed for next Tuesday, and she will attend the public hearing to answer any questions. Mayor Olson stated that, if the council chooses to delay its decision following the public hearing next Tuesday, it is certainly with the council's purview to do so. He cautioned the council regarding ex parte and encouraged them to disclose any further information or discussion with the whole council. • Resolution — Contract with P &H Concrete for the Sidewalk Replacement Plan Monica stated that the Planning and Building Departments have worked together to get the Residential Sidewalk Replacement Program started and the council recently approved five sidewalks 5 Council Workshop Minutes of November 26, 2013 for replacement. Bids were received and the lowest bid came from P &H Concrete, Inc., for $20,518. The resolution is for a contract with P &H Concrete that would require the work to be done by June 30, 2014. Bill stated that P &H Concrete does great work and he is glad they got the bid. Mayor Olson asked Monica if she had anything else. Monica explained that there has been a change of circumstances, as last week the Mayor informed the council that she was going to be leaving. She will now be staying and taking more time on the council agendas. • Council Issues: o Lease Task Force update Heidi met with another contractor last week that was willing to give a bid on the issues in city hall and the four buildings in Riverside Park. She put the contractor in touch with ServPro, who provided the most detailed environmental inspection, and hopes to receive a bid back from him soon. o Update on 2011 Yellowstone River flooding event Heidi stated that the next conference call with FEMA is scheduled on Tuesday, December 3' at 2:00 p.m. On December 5 three meetings are scheduled in Helena with DEQ, the Army Corps and FWP. Those three agencies adamantly denied the prospect of doing the weir and then lowering the intake. Heidi is excited to have the meetings, as it will give a better indicator of what would be permitted and hopefully provide a clearer direction for Great West to prepare a final solution by the end of the year. Wilson Brothers should be completed with the project in the next week or two. All of the sandbags are out of the river and the bank is mostly armored at this point. Some cleanup is needed and the asphalt that was destroyed by this project needs to be repoured in the spring. Wilson Brothers has been an outstanding contractor and the project has moved at a quick pace. Heidi encouraged the council to go see how different the bank actually looks. Other items: • Rod and Gun Club's request to hold turkey shoots on December 8, 2013, January 12, 2014 and February 9, 2014 Iry Wilke stated that the Rod and Gun Club's lease agreement allows them to have three turkey shoots. The shoots are scheduled on December 8 January 12 and February 9 from 10:00 a.m. to 3:00 p.m. They will incorporate both traps and will follow the protocol in the lease agreement. Iry will be on site for the events to make sure they run smoothly and he invited the council to participate in the events. Review of draft council agenda for December 3, 2013 • Public Hearings: o Growth Management Plan (continued from 11/19/2013 to 5:00 p.m. on 12/03/2013) o Community Hope — variance request Attendance at the December 3, 2013 council meeting All council members present will attend. Announcements 6 Council Workshop Minutes of November 26, 2013 A town hall meeting regarding city parks is scheduled on Monday, December 2 " at 7:00 p.m. in the council chambers. Christmas to Remember festivities are scheduled on Sunday, December 1st Chuck wished everyone a Happy Thanksgiving. Tom asked regarding the Elm Lift Station, as it is still an issue. Tom encouraged the council to visit the city's website, as it performs and functions very well. Everything you want to know about the city is there and the calendar is the first thing that pops up to tell what is happening in the city. Mayor Olson stated that Drew Schug designed the website and Nancy Schmidt, the city's library director, currently updates the information on the city's website. Scot wished everyone a Happy Thanksgiving. Emelie stated that the Laurel Preservation Society has published its newest book, which is available for $10. They are close to achieving their goal to create a museum in this community, and the funding comes from the sale of the books. They will attend the Montana Museum Association meetings in January. Emelie has the books and will bring some to the next council meeting. Mayor Olson mentioned that there will be a ceremony at the Laurel Veterans' Cemetery on Saturday, December 7 at 11:00 a.m. in honor of Pearl Harbor Day. Two wreaths will be laid in honor of all veterans, especially those that were in that era. The council workshop adjourned at 7:48 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