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: