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HomeMy WebLinkAboutCommittee of the Whole Minutes 09.18.2001 MINUTES CITY COUNCIL COMMITTEE OF THE WHOLE SEPTEMBER 18, 2001 6:30 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Chairman Chuck Rodgers Lauren Van Roekel Ken Olson Gay Easton Bill Staudinger Gary Temple Mark Mace Daniel Dart Bud Johnson OTHERS PRESENT: Matt Erekson Larry McCann Mary Embleton Rick Musson Terry Ruff Duke Nieskens There is still a problem with tall weeds in some parts of town. Ken reported on the first Olympic Torch Committee meeting on September 12t~. Some previous ideas and proposals are currently being reevaluated. The Olympic torch will be in Laurel for approximately 36 minutes on Monday, January 29t~. A meeting with representatives from the schools is scheduled for Thursday, September 20~. Duke distributed information on 500 feet of eight-inch sewer line in Nutting Subdivision. Duke encouraged the council to borrow and view the video that was taken of this line. The tabular report of the video showed many points with cracked or broken pipe, holes in the sewer line, and low spots. The video operator stated that this was the worst eight-inch line he had ever seen. Since there are only six verified services on it, he recommended that it would be a good line on which to use the pipe bursting method for repair. This sewer line, which is not on the city map, was discovered while looking for manholes and is part of the infiltration problem. Larry updated the council on the CIP project. ME&A and Steve Klotz recently attended a class on pavement assessment in Helena. A street assessment needs to be done for the City of Laurel in order to participate in a pilot program with the State of Montana Highway Department. The program would require the city to have a pavement management program in place by April 2002. This is a high priority for the capital improvements plan, and ME&A and Steve are completing a street assessment for all the streets. After the streets are assessed, Public Works will create a plan, and the city and highway department will be able to recommend streets for total reconstruction or the construction required by the results of the assessment. Computer equipment and a program called Micro Paper would be required. West Railroad Street is the primary street up for reconstruction, and then 8th Avenue. Pat Murtaugh wants to meet with the department heads next week. An architectural engineer will be consulted as to direction for the buildings portion of the project. Because of its age, regular air quality complaints are being received from the court's side of City Hall. Larry stated that a plan is needed to address the problem. Requests for proposal for the Project Impact study for the water intake are due on October 3ra or 4th and will be opened on October 5th. All the studies will be reviewed and a recommendation will be made to the council. City Council Committee of the Whole minutes of September 18, 2001 Construction bids for reconstruction of a half block of the sewer line on Colorado Avenue are due on September 21. The present four-inch sewer line does not meet city or state standards. Culverts are being replaced and street patching is being done. There was discussion regarding the swimming pool. The City of Billings leaves water in three pools, and there is usually a six-inch ice buildup in their pools during the winter. There is normally a space between the cement and the ice because the cement holds the heat of the day. Public Works plans to float chlorine tablets in the pool to prevent some of the algae. Some of the plaster walls will be exposed to the sun, as the pool cannot be filled above the inlet jets. No covering will be placed over the pool. Larry will check with MMIA regarding liability. Terry Ruff stated that the department recently received the internal imager. No training has been received, but Terry will present the imager at the Emergency Services Committee meeting on September 24th. Rick Musson mentioned that the SRO program has been a success so far. The officer has been used a lot in the last three weeks since school started. Officer Hatton will give an update and present a log of activities so far this year at the Drug and Alcohol Task Force meeting on September 27th. Rick stated that the cooperation has been great. Rick is in the process of hiring a relief dispatcher, and he thanked the mayor for permission to hire another police officer. The police department is investigating the flag vandalism that occurred recently. A Billings resident sent a replacement flag to the owner. Mary reminded the council that registrations needed to be sent in soon for the League Conference in Great Falls on October 3ra through 5th. Matt explained the procedure required for the light district resolutions that were tabled at the last council meeting. After reviewing the minutes, the determination was made that the resolutions were tabled until the next meeting. The correct procedure at this point needs a motion to remove them from the table, and a vote to approve. If it were removed from the table, Alderman Temple's motion would be on the floor for discussion. Then a vote would be taken on the motion. There was no motion pending on item c. other than the motion to table, so a motion would be required to bring it from the table. A motion would then be necessary to deny or approve, and then discussion would be allowed. The meeting adjourned at 6:58 p.m. Respectfully submitted, Cindy Allen Council Secretary AUIP - Honorable Mayor Dodgers and Laurel City Council, and Guests. I he Laurel city council dl heit l egulur :i° ai::13 on Se i?LI ??0 1 u+ i ::iV ?In h?lW a puwllc hearing on a'resolution of int.°,nt to create an expansion of the Street light district # 2 and # 3. The hearing heard approximately 20 citizens and property owners who were affected by this expansion. Most all who spoke, were not in favor of this project as a variety of questions were asked, which did not get answered by the members of the council and city staff or City Administration. As a result of this confusion, the matter was tabled and you, Mr. Mayor asked me to chair a task force to study the issues and come up with some answers to these questions, and possibly have these answers documented for future light district studies. I think Mr. Mayor you and some others do understand as I do, that even with this light expansion being too costly and excessive at this time. Cities such as ours will be required to provide these kinds of light and safety features for the public regardless of the cost to all city residents. The (Americans with Disabilities Act) is a great example of that regarding handicap ramps and special sidewalk improvements in other cities in our region. It will be an unfunded mandate for all cities and its citizens to bear. In an attempt to find the answers to report back to the council and administration, several qualified people were asked to serve on this panel and we were fortunate to have a informational spokesman from a local electrical firm.. Ace Electric, and a spokesman from Montana Power Company and 2 citizens who are professional electricians by trade that were in attendance at the public meeting, who were directly effected by the project. A meeting was held the following day at the council chambers on Wednesday September 5, 2001. Many aspects of the project were discussed to understand the details of the project and how the costs were arrived at, and were there any alternatives to what had been presented. A few possible solutions to some of the problems mentioned were also discussed and studied. I'm happy to report that I was able to condense a lot of the information that came out of that meeting and can briefly explain it as three (3) different options as follows: Thank You Mark Mace Alderman Ward II October 2, 2001 C. n_ _ 11 Montana Power Lease Light Proposal: 1. Montana Public Service Commission approved rate structure for lease lights (similar to leasing a personal yard light). 2. MPC provides Installation and maintenance with no up front casts,?u immediate usage citywide. MPC retains ownership for the life of the light District. 3. Costs to be one yearly charge on special assessment on property tax statement. 4. Monthly fees cover the cost of the lease, energy maintenance for the life of the District. 5. MPC estimated construction costs approximately $805,000.00 6. $6.96 per 1000 S.F. per year. (Quote for District #2) 7. City of Laurel would lease the lights from MPC for the life of the District, (City of Laurel would never own these Lights). 285 lights are leased from MPC presently which was approved at September 18, 2001 City Council meeting. (Dist. #2 & #3) 8. Overhead wiring in those areas currently served with overhead wire and underground wire in those areas currently served by underground wire. 9. Energy rate figured by a flat rate, dusk to dawn (4200hrs/year =350/mo. Or 41kw.hr. /mo for a 100 watt HPSV Lamp). 10. Leased lighting rate based on tariff regulated by the Public Service Commission 11. Esc $23.84 cost for each light pole per month served with • underground wire and $13.39 per month for each light served with overhead wire. 12. ($11,678/mo Including energy and Operation,and maint.) 13. Lights served with overhead wire will be mounted on wood poles. #21QantMS or/Electrical D jAyjbutor FundedPregElm: 1. Construction and implementation would be funded for a period, not to exceed 5 years. 2. Maintenance and right of way acquisition and would be owners, or could be sublet to a contractor. 3. Energy usage would be metered and charged to owner by Montana Power Co. 4. City of Laurel may have to hire an electrician w/ bucket truck and tools to maintain. 5. Owner would be locked into distributors costs, for poles and light fixtures. 6. Underground wire used exclusively. • • 7. Total project paid off in 5 years approx. $4.7 million. 8. Estimated approximately $127.00 per pole per month. 9. ($78,232/mo including operation and maint.) #3 City of Laurel to create a SLIMD. S ecial light im rovement maintenance district 1. Municipal bonds could be sold to fund project Construction and implementation and right-of-way acquisition. 2. Maintenance would be spread out over all properties on special assessment tax. 3. Construction and implementation costs would expire in 20 years and property owners would own lights. 4. Only maintenance costs and energy usage would remain on assessments. 5. Energy would be charged based on light usage of 41kw.hr per month or may be metered. b Estimated appraximately$12.001per year per Average size property. 7. ($7,355/mo including Energy operation and maintenance) 8. City of Laurel would contract maintenance or purchase a bucket truck and hire an Electrician to maintain District and repair or replace lights as needed. 9. See attached sheet for Montana Code Annotated for Part 43 to create street light district. 1 w?ul? v?c "? 0 11 527 IMPROVEMENT DISTRICTS 7-12-4302 the world as to the validity of the bonds and the special assessment, and the same shall never be called into question in any court of the state. History: En. Sec. 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part). 7.12-4257. Appeal from district court to supreme court. From any judgment or decree entered under 7-12-4256, an appeal may be 1 supreme court at any time within 10 days from the entry of such; the manner prescribed by the code of civil procedure governing a the district court to the supreme court. History: En. Sea 7, Ch. 260, L. 1947; R.C.M. 1947, 11-2280(part). 7-12.4258. Cost of court proceedings. The cost of the co ings may be apportioned between the parties at the discretion of 1 History: En. Sec. 7, Ch. 260, L.1947; R.C.M. 1947, 11-2280(part)-, ami 251, L. 1979. Part 43 Special Provisions for Special Improvement Lighting Districts 7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or thereto or public highway therein or portions thereof and property adjacent property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property. History: (1)En. Sea 1, Ch. 143, L. 1915; re-en. See. 5259, R.C.M.1921; amd. Sea 1, Ch. 143, L 1927; re-en. Sec. 5559, R.C.M.1935; Sec. 11.2245, R.C.M. 1947; (2)Em Sea 1, Ch. 89,1_ 1913; re-en. Sea 5225, R.C.M. 1921; re-on. See. 5225, R.C.M.1935; amd. Sec. 1, Ch. 136, L.1967; amd. Cb. 280,1.1971; amd. Sec. 28, Ch. 566, L.1977; Sea 11.2201, R.C.M. 1947; R.C.M. 1947,11-2201(8),11-2245; amd. See. 1, Ch. 521, L. 1981. Crow-References Major modification of existing lighting dis- trict, 7-12.4351. 7-12-4302. Resolution of intention to create special improvement lighting district. (1) Before creating any special improvement lighting dis- trict in any such city or town for the purpose of lighting any street or streets or public highway or section thereof in accordance with the provisions of this part, the city council shall pass a resolution of intention to do so. (2) The resolution shall designate the number of such district, describe the boundaries thereof, and state therein the general character of the improvement C. 629 IMPROVEMENT DISTRICTS 7-12-4308 (2) In determining the sufficiency of protest, each protest shall be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made. (3) In determining whether or not sufficient protest has been filed in a proposed district to prevent further proceedings therein, property owned by a county, city, or town shall be considered the same as other property in the district. (4) The city council may adjourn said hearing from time to time. History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sea 3, Ch. 143, L.1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947,11-2247(4)9 (5); amd. Sea 2, Ch. 652, L. 1983. 7-12-4306. Resolution to create lighting district. When no protests have been delivered to the clerk of the city council within 15 days after the date of the first publication of the notice of the passage of the resolution of intention or when a protest shall have been found by the city council to be insufficient or shall have been overruled or when a protest against the extent of the proposed district shall have been heard and denied, immediately thereupon, the city council shall be deemed to have acquired jurisdiction to order the proposed improvements. Before ordering any of said proposed improvements, the city council shall pass a resolution creating the special improvement lighting district in accordance with the resolution of intention theretofore introduced and passed by the city council. History: En. Sec. 3, Ch. 143, L. 1915; re-en. Sec. 5261, R.C.M. 1921; amd. Sea 3, Ch. 143, I. 1927; re-en. Sec. 5261, R.C.M. 1935; R.C.M. 1947, 11-2247(6). 7-12-4307. Objections to irregular proceedings or manner of mak- ing improvements. (1) At any time within 60 days from the date of the award of any contract by a city or town council under the provisions of this part or at any time within 60 days from the date the council requires or instructs the street commissioner or any other official of the city or town to cause the posts, wires, pipes, conduits, lamps, or other suitable and necessary appliances for the purpose of lighting said streets of said city or town to be procured and erected, any owner or other person having any interest in any lot or land liable to assessment who claims that any of the previous acts or proceedings relating to said improvements are irregular, defective, erroneous, or faulty or that his property will be damaged by the making of any improvements in the manner contemplated may file with the city clerk a written notice specifying in what respect said acts or proceedings are irregular, defective, erroneous, or faulty or in what manner and to what extent his property will be damaged by the making of said improvements. The city clerk shall deliver the notice to the council. (2) All objections to any act or proceeding or in relation to the making of said improvements not made in writing and in the manner at the time aforesaid and all claims for damage therefor shall be waived by such property owners, provided the notice of the passage of the resolution of intention has been actually published and the notices of improvements posted as provided in this part. History: En. Sec. 3(a), Ch. 243, L 1921; re-en. See. 5262, R-C.M. 1921; re-en. Sec. 5262, R.C.M. 1935; R.C.M. 1947,11-2248. 7-12-4308. Operation of district. (1) The city or town council may: