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HomeMy WebLinkAboutCouncil Workshop Minutes 12.10.2013 MINUTES COUNCIL WORKSHOP DECEMBER 10, 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 December 10, 2013. COUNCIL MEMBERS PRESENT: Emelie Eaton Doug Poehls Bruce McGee _x_ Mark Mace Scot Stokes x Chuck Dickerson x Tom Nelson x Bill Mountsier OTHERS PRESENT: Heidi Jensen, CAO Monica Plecker, City Planner Public Input (three - minute limit): There was no public input. General items: • Appointments: o LURA: Judy Goldsby — 4 -year term ending December 31, 2017 o Police Commission: Mike Kirschenmann — 3 -year term ending December 31, 2016 o Park Board: Penny McSweyn to fill a term ending December 31, 2014 o Laurel Volunteer Ambulance: Richard Hayner The appointments will be on the December 17` council agenda. • Arbor Day Proclamation Mayor Olson will declare May 2, 2014, as Arbor Day in the City of Laurel. Executive Review: • Presentation — Laurel 8` grade students Heidi Jensen stated that Kat Stokes informed her that the school choir concert was also tonight and she could not contact the teacher with whom she originally scheduled the presentation. Kat told Heidi that she would drop the letters by city hall if she did not hear from the teacher prior to the meeting, so Heidi waited for Kat between 5:00 and 6:30 p.m. but she never came. Heidi did not know when the presentation would be rescheduled. • Resolution — Riverside City Park Boat Ramp Construction Agreement with Montana FWP Heidi explained that the agreement is based on the completion of the boat ramp at Riverside Park. The letter from the State of Montana Disaster & Emergency Services Division explained the breakdown of how the boat ramp was constructed and the share that each government agency paid. FEMA paid $104,783.80, which is 75 percent of the cost of the boat ramp. Fish, Wildlife and Parks was responsible for 25 percent of the total cost, which turned out to the $34,927.93. The total cost for the boat ramp was $139,711.73. The city needed to wait to sign the agreement until the contractor Council Workshop Minutes of December 10, 2013 fmished the boat ramp so Fish, Wildlife and Parks would submit the 25 percent share to the city to pay the total cost of $139,711.73. The agreement also turns the boat ramp over to the city for maintenance and operation, as was the case with the previous boat ramp. The Public Works Director is comfortable with the agreement and the city will take over maintenance of the ramp and open it back up to the public. There was discussion regarding ownership, the city's responsibility to maintain and operate the boat ramp, and the need to find the funds to fix the bathrooms in the park. • Change Council Workshop from Tuesday, December 31S to Monday, December 30 December 31 is New Year's Eve, so the council workshop needs to be changed to Monday, December 30 Since there are five Tuesdays in December, no council meetings are scheduled during the week of December 23 Heidi mentioned that a reception for Mayor Olson is scheduled on December 30 from 5:30 to 6:30 p.m., prior to the council workshop. Staff members and the public are invited to attend to wish him a happy retirement. A notice will be placed in the Laurel Outlook to invite the public. • CAO Contract Mayor Olson explained the resolution for a modified contract with the city's Chief Administrative Officer, Heidi Jensen. Changes in the contract include: under item 2. Salary, the annual base salary will increase to $75,000 per year; under item 5.2. Benefits, the CAO would have three (3) additional paid leave days; the term of the contract will be for two (2) years; and the contract shall automatically renew for additional two (2) year terms, six (6) months prior to its expiration. Mayor Olson spoke regarding Heidi's education and master's degree in public administration and her position in Laurel as the city planner and then accepting the CAO position. He stated that the investment the city made in Heidi is paying high dividends and gets higher as she becomes more experienced in this position. Mayor Olson also stated that Heidi has the `want" to do the job. He asked the council to consider the modification in the contract. Bill, Tom, Mark and Chuck commented positively regarding Heidi's work as the City of Laurel's CAO. • Council Issues: o Lease Task Force update Heidi will continue to look for a contractor to do some work in city hall and the Riverside Park buildings. Chuck suggested contacting the career center regarding the projects. o Update on 2011 Yellowstone River flooding event Last Thursday, Heidi and Jeremiah Theys (Great West Engineering) were in Helena to meet with Todd Tillinger (Army Corps of Engineers), Jeff Ryan (DEQ) and Beau Downing (FWP). Mayor Olson, the Public Works Director and Chad Hanson from Great West Engineering also attended via conference call. The first meeting with Todd Tillinger was to present some of the more definitive options proposed for a long -term solution in the river. Although none of the options are great, Mr. Tillinger did not seem to think that any of them were a hindrance. They asked him if the Army Corps 2 Council Workshop Minutes of December 10, 2013 would be willing to issue a permit for the work the city has done with the weir that is currently in the river and the dike that was put in and removed. He said that he would never permit the weir and that the city was just out of luck. Heidi explained that, until the river ice jammed yesterday, the city has serious concerns that the river levels were dropping so rapidly that we would have to get back in the river this week or next week to build the weir back up. The estimate for that was another $50,000, which would also be non- reimbursable from FEMA. They also brought up the alternative of the large sandbar to the north of the current intake, which is the new intake, and pushing the sediment into the river in the short term, since the water level and flow is so low, that it could build the bottom back up and push the water back over that intake until spring runoff. We would not add any new material to the river but would just displace the material that already existed. Mr. Tillinger was not sure how they could permit that. He is on vacation for the next two weeks, so the city was referred to the Billings office. Mr. Tillinger assured them that they would do everything they could to determine the Army Corps' position on pushing the sediment into the river. Thankfully, there is now an ice jam situation that looks like it will hold for quite some time and the water has backed up, so the city has not had to ask the Corps for any permits this week. Heidi stated that the meetings with DEQ and FWP were productive, as they did not see any alternatives that would not be permitted and agreed that none of the options are great ideas. Great West will continue to move forward to determine which option is best under the current constraints. Great West hired an expert to determine the size needed for a new intake, or infiltration gallery, which would consist of a rainy well or system that could potentially be upstream. This should be completed by the end of the year, so in the beginning of 2014, Heidi will report on the chosen option and anticipates receiving the final environmental permits by the end of February. There was discussion regarding FWP and the DEQ's reluctance to permit a weir in the river, the city's responsibility to provide water to the citizens, and an explanation of an infiltration gallery. An infiltration gallery is a big pooling of water. Instead of pumping it into the sediment basins, an infiltration gallery is like a waterfall where the water comes in and collects. An infiltration gallery is not necessarily in the river, but the city does not own any land to put it on. o Park Maintenance District / Park Master Plan (Emelie Eaton) Mark stated that the comments from the residents on the park survey were pretty rudimentary, including not making any more parks and fixing the current parks. Mark stated that the respondents were interested in a spray park, tennis courts, walking trails, and maintaining the current parks. A park maintenance district would generate the funds needed. Mayor Olson mentioned that over 47 percent of the 700 surveys sent out were returned, which will provide direction for what the community wants in the city's parks. Regarding Emelie Eaton's original question about how a park maintenance district would affect the Growth Management Plan, Mark stated that he thinks they complement each other. City Planner Monica Plecker explained that they do complement each other and will remain unaffected as far as what the council just adopted with the growth policy. The Community Facilities section of the Growth Management Plan addresses existing parks, parkland, other community infrastructure, buildings, and public facilities. One of the goals states that the city should look into 3 Council Workshop Minutes of December 10, 2013 creating a park maintenance district. If it is the prerogative of the city and the community to do so, the growth policy will support the creation of a park maintenance district. o Fence height ordinance (Emelie Eaton) Heidi asked the city planner to speak regarding fence heights, as it was referred back to staff. Monica explained that she and Gary Colley reviewed the issue and prepared a list of things that could potentially change. Monica presented the fence height issue to the Planning Board last Thursday. The Planning Board was in agreement with some of the issues raised and Monica and Gary will rewrite them for presentation at the January Planning Board meeting on January 9 After the Planning Board reviews the changes, the board will hold a public hearing at the February meeting. The Planning Board's recommendation will be presented to the council after that. Other items Mayor Olson spoke regarding a memo from Elk River Law Firm that was distributed to the council to address an issue with Resolution No. R13 -87. At the time of the council vote on Resolution No. R13- 87, there were five council members present. As per LMC 2.10.030, "a quorum shall consist of five council members. The affirmative vote of five council members shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is required by statute." The council vote on the matter was 4 -1, which is not according to LMC. In the memorandum, legal counsel suggested the course of action for the council to take would be that someone of the prevailing side should ask for a reconsideration of the vote next Tuesday under Unscheduled Matters. If the motion for reconsideration is approved by a majority vote, the council would place the matter on the agenda for council action on Resolution No. R13 -87. If the vote is approved by at least five council members, the error would be corrected. Mayor Olson suggested that, if only five council members are present next Tuesday, the council could motion to reconsider Resolution No. R13 -87 to a date specific in January. There was appreciation stated for those responsible for bringing the issue forward for the proper procedure. There was further discussion regarding the status of the permit that was issued for the fence that was originally built without a permit, requiring a majority versus super majority for a vote, the need for a quorum, and state statute requirements for land use votes. Review of draft council agenda for December 17, 2013 There were no changes. The reconsideration of Resolution No. R13 -87 will need to be presented under Unscheduled Matters. Attendance at the December 17, 2013 council meeting Tom will not attend the council meeting. Announcements Heidi stated that the Health Insurance Committee met last week and Council Members Nelson and McGee attended. The committee plans to schedule a presentation on universal health care in the upcoming weeks and the council will be informed about the date for the meeting. 4 Council Workshop Minutes of December 10, 2013 Bill commented about the high increase in his Medicare premiums for next year, the basis of the formula used to determine premiums in Obamacare, and the probability that premiums will increase more than anticipated. Recognition of Employees • Les Riddle — 23 years of service on December 6 • Dave Saylor — 23 years of service on December 17 • Guy Rolison — 14 years of service on December 6 • Kevin Budge — 6 years of service on December 18 • Dave Waggoner — 6 years of service on December 26 The council workshop adjourned at 7:35 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