HomeMy WebLinkAboutCouncil Workshop Minutes 03.25.2014 MINUTES
COUNCIL WORKSHOP
MARCH 25, 2014 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Mark Mace at
6:30 p.m. on March 25, 2014.
COUNCIL MEMBERS PRESENT:
Emelie Eaton _x_ Doug Poehls
x Bruce McGee x Richard Herr
_x_ Scot Stokes x Chuck Dickerson
x Tom Nelson x Bill Mountsier
OTHERS PRESENT:
Heidi Jensen, CAO
Monica Plecker, Planning Director
Chad Hanson, Great West Engineering
Gary Colley, Building Official
Public Input (three- minute limit):
There was no public input.
General items
There were none.
Executive Review:
• Resolution — Great West Engineering, Amendment No. 1 to Task Order No. 29 to write TSEP
and DNRC grants
o Discussion — Preliminary Engineering Report (PER) Public Hearing
Chad Hanson stated that Great West Engineering is wrapping up the Preliminary Engineering Report
(PER) on the Water System, so an amendment was requested for them to prepare Treasure State
Endowment Program and DNRC Grants related to the PER. The actual project plan for the grant
monies will be determined after discussions of the PER about prioritization and public input is
received at the two public hearings. The fmal project would be related to the water system. TSEP
Grants are available for $500,000, $625,000 or $750,000, depending on the average residential rate
compared to the target rate. Crystal Bennett will present the information at next Tuesday's public
hearing. The Department of Natural Resources increased the grants from $100,000 to $125,000 this
year and this grant could also be used in conjunction with the project. In the past, the City of Laurel
has been awarded both TSEP and DNRC grants for water and wastewater projects.
Two public hearings are scheduled on April 1S and 15 Next Tuesday, Great West will present the
PER, give a summary of the deficiencies they found in the system, storage, distribution, and the water
treatment plant, and then give the recommended solutions to address each of those deficiencies in the
different areas, preliminary cost estimates, and impacts to rates. Chad thinks that the sedimentation
basins at the treatment plant will be the highest priority, but some collection system storage is also
Council Workshop Minutes of March 25, 2014
needed. Crystal, Susan and Chad will attend the public hearing to present the findings. After that,
there will be two weeks of comment, the council's review, and another public hearing to present the
actual project that will be included in the grant applications.
Heidi mentioned that, when staff originally started working on the "small projects" in the city over a
year and a half ago, Chad, the former mayor, Kurt and Heidi developed the timeline that is still
written on the board in the conference area and those deadlines have been met. Staff is excited to get
the PER done, to apply for the grants, and to start and continue working on the small projects.
• Resolution — Change Order No. 1 to the contract with Williams Brothers Construction for the
Wastewater Treatment Plant
Chad stated that Change Order No. 1 for the contract with Williams Brothers at the Wastewater
Treatment Plant is a list of six minor changes to the project that started in September. Three of the
pumps used to recycle activated sludge required larger VFD's, at an increased cost of $4,665.36. The
hand valves needed power to them to run the solenoid, which cost an additional $4,825.74. The
contractor and the electrician approached the engineers with a proposal to relocate the new switchgear
and CT panel, which resulted in a credit of $7,546.11. Staff at the plant asked if the contractor could
move the composite sampler inside the UV building, and that was done at no charge. When the
engineers got the actual submittal on the generator and the actual loads and weights, they redesigned
and reduced the size of the generator pad, which resulted in a credit of $8,295.07. Staff wanted the
generator pad moved to the west, adjacent to the parking lot for ease in fueling and snow removal. It
cost $1,821.21 to move it because of additional pavement and restoration. Chad stated that the
bottom line is a $4,528.85 credit to the city, so it actually reduced the contract price. He has been
impressed with Williams Brothers and their working relationship with the engineers and the city
throughout this project.
There was a question and brief discussion regarding the need for a change order to install a disposal
site for the septic haulers.
Chad stated that Great West is working on a cost estimate and trying to get some background
information for a disposal site. This would require an amendment to Great West's contract, as they
have to design the site and get approval from DEQ. Once DEQ has approved, he recommends that
the city negotiate a change order with Williams Brothers.
• Ordinance — Fence heights
Monica mentioned that the council previously had questions specifically about language requiring
fences to be six inches inside the property line. At the recommendation of the city attorney, the
language has been amended to say that "fences shall be constructed on private property." It says
plainly that the fence needs to be constructed on private property but it does not require the 12 -inch
gap. Monica stated that there had also been questions about possible application changes for property
owners that would like to maintain a fence together. The city attorney highly suggested that no
changes be made to the application to allow any sort of agreement between property owners, because
that is outside the scope of what the city does. If personal agreements need to be filed, it is a civil
issue and does not need to be brought into the city. Stating that fences shall be constructed on private
property alleviates the one -foot buffer that was created by the previous language and still makes it
clear that whatever is built needs to be on private property. Monica stated that those were the two
items of concern during the council's previous discussion.
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Council Workshop Minutes of March 25, 2014
In reviewing the proposed ordinance, some language was confusing. Monica read letter D. on page 2:
"Side yard adjacent to street fences. If the property abuts an alley, a fence may be erected along the
side yard adjacent to the street and maintained up to six feet (6) from the rear of the dwelling to the
alley as well as along the alley. Clear vision at alley shall apply." This is where the major change
came from. As an example, the Zimmerman fence would now be allowed because that property is a
side adjacent to a street and it does abut an alley, but it still requires clear vision. Monica stated that
Gary did a great job of working on this, and she encouraged the council to ask him any questions
about the permitting process or specifics about what is or is not allowed. Monica stated that the
Planning Board reviewed the fence ordinance again at its March 6 meeting and unanimously
recommended the changes to the council.
There was discussion regarding some issues with existing fences, the difficulty to specify everything
in the ordinance, and the importance of the clear vision zone. This ordinance will become effective
thirty days after council adoption and existing fences will be grandfathered in.
• Speed Zone Study — Railroad Street & Shay Road
Heidi explained that the council reviewed the speed zone study last October and the State recently
asked for comments from the City of Laurel. A copy of the diagram showing the speed limit changes
is attached to these minutes.
There was discussion regarding the proposed changes for the speed limits on West Railroad Street by
South Pond.
Chuck stated that he was impressed with how this was done, as he has been trying for five years to get
the County Commissioners to address the speed limits on Buffalo Trail Road and Airport Road.
Bruce stated that he did not see an issue with the changes, as the parking lot provides a buffer area
between the park and the road.
• Council Issues:
o Ex parte communication on council agenda (Chuck Dickerson)
The council received copies of a memorandum from the city attorney regarding ex parte
communication, and a copy is attached to these minutes. Chuck stated that the memo indicated that
ex parte communication occurs when a council member has a discussion with an individual regarding
items before the council, but it did not address communication between council members and/or the
mayor. He questioned if that would also be ex parte communication that should be disclosed prior to
scheduled matters.
Mayor Mace understands that it would not, as there would be opportunity for council discussion prior
to a vote. If a council member has communication when other council members are not present, that
is ex parte communication and must be disclosed.
Mayor Mace stated that the item would be added to the council agenda in the correct place.
o Lease Task Force update
Heidi gave an update on the project in city hall. Servpro, the contractor that is working on the
flooding restoration in the city hall building, did the original assessment of the buildings at Riverside
Park. Since she met with Steve Hanlin, the owner of Servpro, his business has expanded and he now
3
Council Workshop Minutes of March 25, 2014
has a general contractor on staff. After she called Servpro to inform them of the potential
environmental hazards with the leaking roof on city hall, he brought his contractor and Heidi
explained the difficulties in Riverside Park and that no contractors wanted to touch those buildings.
Servpro has agreed to rank the buildings in Riverside Park as to priority, based on the damage inside
and the feasibility for reconstruction at an affordable rate. They will provide an estimate for the
construction, in addition to the estimate already received for the extraction of the environmental
hazards from the buildings. Heidi will then compile the estimates and pictures of the buildings into a
presentation for the council.
Heidi explained that the plastic material was put up in the conference room and the jury box because
the carpet was ruined from the stagnant water and the rust in the water. The glue under the carpet is
old and contains an asbestos material. It was evaluated by an asbestos company in the last two weeks.
There was no asbestos in the walls. As soon as the carpet is ripped up, the contractor will start tearing
into the walls. The conference room and jury box will be done first, followed by the office space
occupied by the clerk/treasurer and the council secretary.
Heidi asked Servpro to provide estimates for the Riverside Park buildings that include not working on
some buildings right now and even permanently sealing off some buildings. The city cannot tear
down the buildings because of the environmental hazards in those buildings. They would have to be
torn down by a company that is certified in that sort of excavation.
Heidi explained that the city signed a contract with Residential Roofing to replace the roof on city
hall. Residential Roofing proposed a roofing solution that actually puts insulation on top of the roof,
so a false ceiling would not be needed inside if we choose not to. MMIA will not pay for the roof
itself, as it was deemed to be neglect and there was no record of the last time anything had been done
to the roof. MMIA will pay for some of the repairs inside the building. The roofing contractor was
going to start on the roof this week, but it snowed on Monday and more precipitation is in the
forecast. The Budget /Finance Committee approved the contract last Tuesday and there was already
money in the budget.
Doug asked regarding removal of the siren from the city hall roof. He explained that the Emergency
Services Committee discussed two options for the siren, both of which require removing the siren
from the city hall building. The first option is to put the siren on a tower behind the Chamber
building in Fireman's Park, which would be a central location for the siren. People are used to the
siren going off downtown and it does have some historical value, as it has been around over 50 years.
The second option is to check with the County to see if the city could tie into the emergency siren that
is located on the north side of Thomson Park in the northwest corner behind the Dodgers' center field.
Doug stated that the committee agreed that the fire siren needs to be removed from the roof.
Doug explained the concern regarding a secondary callout for firemen while the siren is not
functional. One available option is to text the firemen's cell phones via Microsoft Outlook. The chief
of police does not think this is a long -term solution because it takes too long for the dispatchers to
type a message when the phones are ringing, but it could be an interim option until the siren is
installed.
Heidi will contact the contractors regarding removing the siren from the roof. The Emergency
Services Committee will meet again on April 21' to recommend the best option to the city council for
consideration.
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Council Workshop Minutes of March 25, 2014
o Update on 2011 Yellowstone River flooding event
Heidi stated that staff is still reviewing the three alternatives and working on combining two
alternatives. Staff has had some discussions regarding making sure that the city's 25 percent match is
available at the State level. The city is working to get this project done on the anticipated schedule
developed by Great West Engineering.
Tom stated that one of the possible solutions was going three miles upstream and there was some
attractiveness to that, especially because of the amount of head pressure due to the drop in elevation to
the plant from the intake. He asked if the screens are blown out from time to time by pushing water
back out through them.
Chad explained that air is used to backwash and scour the screens. If the city chooses the alternative
to move the intake three miles upstream across from the Canyon Creek intake, it would be necessary
to build a building on site with a blower system and to install controls that will connect the water
treatment plant so they know what is going on. MDT's proposed new highway route goes right up the
bluff above there, so if it was all on the south side of the river, it would be easy access from the new
highway versus going across country to get down to it in inclement weather. A scouring system and a
small building with the blowers and controls would have to be installed.
Other items
There were none.
Review of draft council agenda for April 1, 2014
• Public hearing: Preliminary Engineering Report (PER)
Attendance at the April 1, 2014 council meeting
All council members present will attend.
Announcements
Tom thanked whoever made the new badges with the new city logo.
The council workshop adjourned at 7:17 p.m.
Respectfully submitted,
/' 6--,.
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
Elk River
LAW O F F I C E P.L
Majel M. Russell • Sam S. Painter • Georgette H. Boggle
MEMORANDUM
To: Mayor Mace and City Council
From: Sam S. Painter, Civil City Attorney ,
Date: March 24, 2014
Re: Ex parte communication on Regular Council Agendas
As I understand the request, one or more Council members are interested in placing ex parte
communication as a regular Agenda Item for meetings. Prior to my recommendation, I want everyone to
understand exactly what constitutes ex parte communication, and how elected leaders should attempt to
avoid it. Montana law does not specifically define ex parte communication by statute. However, based
on a number of sources, ex parte communication is simply defined as:
"A private communication between a decision maker and an individual or entity concerning an
issue that is before the decision maker."
In order to constitute an ex parte communication, there has to be a private communication between a
council member and an individual. Secondly, the private communication must be about an issue currently
before the council for a decision. If either of these elements are lacking, the communication does not
constitute ex parte communication warranting a disclosure.
Alternatively, if an ex parte communication has taken place, the individual council member must
disclose, prior to the discussion and vote on the decision item, who he /she met with, and the substance of
the private communication. If he /she received documents, the documents must be disclosed and provided
to the remaining council and made available to the public. Finally, if the ex parte communication creates
serious or substantial doubt as to the impartiality of the council member, he /she should remove him/her
self from the discussion and vote on the decision item. Council members who have concerns with a
potential ex parte communication should consult the Mayor, CAO or City Attorney prior to the meeting
for a determination how to best proceed.
In regard to procedure, I would suggest the Council consider adding "Disclosure of Ex Parte
Communications" as the first item under scheduled matters. A council member could disclose his/her ex
parte communication regarding a decision item prior to the actual council decision. Secondly, I would
recommend an Ex Parte Folder be created and made available to the public at each meeting, with the
Council Agendas. Documents obtained through ex parte communications could be copied and available
for public scrutiny. Finally, if a public hearing is scheduled, the Mayor upon opening the public hearing
could ask if a council member needs to disclose an ex parte communication regarding the issue before the
council. A council member could then disclose the communication as part of the public record prior to
the decision. I have included a proposed agenda for the Council's consideration and use.
As always, the best approach is to avoid discussing decision items in private. Encourage individuals
who want to discuss decision items in private to attend the council meeting to provide the information to
the entire council for their consideration. If the individual is unable to attend the meeting, suggest he /she
provide a written statement for the entire council.
145 Grand Avenue, Suite #5 • P.O. Box 928 • Billings, Montana 59103
Telephone: (406) 259 -8611 • Facsimile: (406) 259 -3251
elkriverlaw @elkriverlaw.com www.elkriverlaw.com
M Montana Department of Transportation Michael T. Tooley, Director
Steve Bullock, Governor
- Billings District Office
424 Morey Street
PO Box 20437
Billings, MT 59104 -0437
October 2, 2013
City of Laurel
PO Box 10
Laurel, MT 59044
Subject: Speed Limit Recommendations
Railroad St & Shay Rd/ U6902
Laurel
The Department has completed a speed zone study at the subject location. Attached is the study
report and a recommendation for the speed zones through the subject location; ready for
presentation to the Montana Transportation Committee for approval. Please review the report and
reply in writing that the County concurs or does not concur.
The new speed zone recommendations must be accepted or rejected as a whole. If the County
chooses to reject the new speed limit recommendation, The Department will take no further
action and the roadway will retain its existing speed limits as approved by previous Commissions
and current State law. If the County approves the recommendation but desires modifications, the
County may lobby the Transportation Commission to modify the recommendations at the meeting
of the Commission. The District will notify the County of the date, time and location of the
Commission meeting.
We would appreciate all written comments be made within 60 days of this letter. If you have any
questions, please contact District traffic, Stan Jonutis, at 657 -0240.
Respectfully,
. Ste an S � , .E.
District Administrator Billings
Attachment: Speed zone study
03U6902szdr:smj
copies: Traffic File
Phone: (406) 252 -4138 An Equal Opportunity Employer TTY: (800) 335 - 7592
Toll—free: (888) 863 -8465 Internet: www.mdt.state.us
FAX.' (406) 256 -6487
` I Montana Department of Tr rnV?fir tior►:i _;
PO Box 201001 :;,
Helena, MT 596200001
Memorandum
To: Stefan Streeter, P.E. - Billings District Administrator
From:QDanielle C. Bolan, P.E. - Traffic Operations Engineer
Date: September 19, 2013
Subject: Speed Limit Recommendation
Railroad St. & Shay Rd. (U -6902)
Please present the following information to both the city of Laurel and
Yellowstone County officials for review and comment. Inform them that we
would prefer to receive all comments in writing within the next sixty days.
Their comments along with the Department's final recommendations will be
presented to the Montana Transportation Commission for action.
This investigation was prompted at the request of the City of Laurel. There
are no previous speed limit investigations or an approved special speed
limit configuration on record for this route. Within the Laurel Urban area
Railroad Street and Shay Road are designated as Federal -aid Urban Route
6902. This route is under the maintenance of both the City of Laurel and
Yellowstone County.
Urban route 6902 (Railroad St.) begins at an intersection with US 212/310 and
continues west along the south side of the Montana Rail Link railroad 1.65 -
miles. At this point U -6902 turns south and continues along Shay Road for
approximately 1 /2 -mile where the "urban route" designation ends. Average
annual daily traffic volume ranges from 1,260 within the city of Laurel to 590
along Shay Road. This roadway was constructed by city and county forces
in 1945 and improved in 1969. Majority of the typical section consists of two
12 -foot travel lanes with no surfaced shoulder area.
The first portion of the route from the intersection with US 212/310 to the
intersection with 8th Avenue South is located within the City of Laurel. The
adjacent side culture in this area consists of residences along the south side
of the roadway and railroad tracks parallel to the north. West of the
intersection with 5th Avenue there is a ready -mix plant located along the
north side of Railroad Street. Railroad Street is also under stop sign control
at the intersection with 5th Avenue.
West of 8th Avenue South the adjacent roadside is primarily undeveloped
consisting of agricultural land with a few scatted nearby and adjacent
residences. There are adjoining S- curves in the alignment on each side of
the 1 -90 underpass. Ball -bank studies were conducted along this segment.
The comfortable speed threshold based on a 12- degree ball -bank reading
is 45 mph. Further west at the alignment change from Railroad Street to
Shay Road the comfortable travel speed is 20 mph.
Crash History
Crash history was reviewed for a three year period from January 1, 2010 to
December 31, 2012. Seven crashes were reported within the study area.
Crash rate is 3.90 crashes per million vehicle miles traveled.
Five of the seven crashes occurred within the urban district along Railroad
Street. The remaining two crashes were unrelated with one (single vehicle)
rollover crash occurring near the 1 -90 underpass, and the other (multiple
vehicle) crash was located at the intersection of the Frank Road at the end
of the urban route designation.
Travel Speeds
Automatic traffic counters were used to sample directional travel speeds at
ten locations to develop a speed profile of the route (see straight -line
diagram).
Location 85th % Speed 10 mph Pace & Percentac
Between the Railroad X -ings 27 mph Westbound (18 mph - 28 mph) 79%
25 mph Speed Zone 27 mph Eastbound (18 mph - 28 mph) 80%
100' West of Woodland Ave - 27 mph Westbound (18 mph - 28 mph) 81%
25 mph Speed Zone 27 mph Eastbound (18 mph - 28 mph) 79%
100' West of Durland Avenue 28 mph Westbound (21 mph - 31 mph) 81%
25 mph Speed Zone 28 mph Eastbound (18 mph - 28 mph) 81%
500' West of South 8th Avenue 44 mph Westbound (36 mph - 46 mph) 67%
40 mph Speed Zone 46 mph Eastbound (36 mph - 46 mph) 61%
1,000' West of South 8th Avenue 49 mph Westbound (39 mph - 49 mph) 64%
40 mph Speed Zone 50 mph Eastbound (39 mph - 49 mph) 57%
Eastside of the 1 -90 Overpass 50 mph Westbound (39 mph - 49 mph) 64%
_ 60 mph Speed Zone 51 mph Eastbound (39 mph - 49 mph) 53%
700' West of the 1 -90 Overpass 53 mph Westbound (42 mph - 52 mph) 65%
60 mph Speed Zone 58 mph Eastbound (48 mph - 58 mph) 53%
1,300' East of Shay Road 59 mph Westbound (48 mph - 58 mph) 56%
60 mph Speed Zone 59 mph Eastbound (48 mph - 58 mph) 55%
400' East of Shay Road 49 mph Westbound (39 mph - 49 mph) 69%
60 mph Speed Zone 44 mph Eastbound (33 mph - 43 mph) 71%
500' South of Railroad St. 54 mph Westbound (45 mph - 55 mph) 60%
60 mph Speed Zone 55 mph Eastbound (45 mph - 55 mph) 55%
400' North of Frank Road 56 mph Westbound (48 mph - 58 mph) 55%
60 mph Speed Zone 61 mph Eastbound (51 mph - 61 mph) 49%
Conclusions and Recommendations
The statutory 25 mph speed limit within Laurel is commensurate with both
the adjacent residential development and traffic operation. No change
along this portion of the study area is recommended. West of the
intersection with 8th Avenue there is definite support for a special speed limit
configuration. We identified areas in which the 40 mph speed limit was low
and the 60 mph speed limit was high for the operational characteristics
identified within the boundaries of each zone. We recommend the
following 35 mph - 45 mph - 55 mph speed limit configuration to better
align the speed limits with the travel speeds and other operational
characteristics of the roadway.
A 35 mph speed limit beginning at station 30 +00 adjacent to the
intersection with 8th Avenue South and continuing west to station 37 +00, an
approximate distance of 700 feet.
A 45 mph speed limit beginning at station 37 +00 and continuing west to
station 60 +00, an approximate distance of 2,300 feet.
A 55 mph speed limit beginning at station 60 +00 and continuing to the end
of the "urban route" designation at the intersection with Frank Road, an
approximate distance of 5,100 feet.
Only the above described speed zones under the jurisdiction of Yellowstone
County require approval by the Montana Transportation Commission. The
25 mph speed limit within the city of Laurel is established by state statute, as
the segment it encompasses is an urban district by definition.
The W1-5 "winding road" warning sign panels for the s- curves on either side
of the 1 -90 underpass need to be switched with one another in order for the
"winding road" symbol to reflect the actual curves in the roadway, as there
are "right" and "left" versions of this warning sign.
DCB:DRB:TRF:u- 6902_rpt
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