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HomeMy WebLinkAboutCouncil Workshop Minutes 05.12.2004 MINUTES COUNCIL WORKSHOP MAY 12, 2004 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 May 12, 2004. COUNCIL MEMBERS PRESENT: x Dick Fritzler _x_ Doug Poehls x Kate Stevenson _x_ Mark Mace x Gay East0n Daniel Dart x Jennifer Johnson x John Oakes OTHERS PRESENT: Cal Cumin Jean Kerr Larry McCann Chris Shay Stewart Kirkpatrick Terry Ruff Sam Painter Steve Klotz KTVQ-2 representatives Public Input (three-minute limit): Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. ~/hile all comments are welcome, the Council will not take action on any item not on the agenda. · None. Public Utilities Department: Bid for service truck from Laurel Ford · Service truck was budgeted one-half in water and one-half in sewer budgets Laurel Ford submitted the only bid. o Bid of $16,200 for the cab and chassis o Service box will be added for under $10,000. ,, Request for bids was advertised three times in the local newspaper. · Quote requests were sent to area dealers. · Resolution will be on the May 18th council agenda. Case¥ Joyce: HOME Grant Budget Resolution · Committee met today to discuss revisions to the new contract. · Resolution was not ready for the council's review. Fire Department: Yellowstone Boys and Girls Ranch 2004-2005 fire protection agreement · Chief Ruff distributed information regarding the agreements for fire protection, suppression, and investigations. o 3-year contract with Fire District 5 at $10,041.41 for 2004-2005 o 3-year contract with Fire District 7 at $100,896.89 for 2004-2005 o 3-year contract with Fire District 8 at $3,138.14 for 2004-2005 Council Workshop Minutes of May 12, 2004 O 3-year contract with Laurel Urban Fire Service Area at $48,440.69 for 2004-2005 o 1-year contract with Airport Authority at $2,507.55 for 2004-2005 o 1-year contract with Boys and Girls Ranch at $6,072.18 for 2004-2005 o Total for 2004-2005 is $171,096.86 Discussion regarding benefit of the three-year contracts Discussion regarding location of the districts Attorney: Draft franchise ordinance · Sam explained the intent to draft a basic franchise ordinance that was not specific to a particular company. o A franchise agreement with a specific company would then be approved by resolution. · Length of the franchise agreement is stated as fifteen (15) years in the ordinance. o Franchise agreements are usually for twenty-five (25) years. o MDU indicated that it would prefer twenty-five years, but would accept a fifteen- year agreement. · Amount of the application fee needs to be determined. o Fees need to be reasonably related to the time and expenses incurred in the review process. · City needs to reserve the right to modify the ordinance and resolutions if the State of Montana ever allows cities to tax the utility companies. o Included in Section 8 of the draft franchise ordinance · Sam encouraged the council to review the draft and contact him with questions or comments. · Franchise ordinance will be considered at a future council meeting. Public Works Department: Montana Department of Transportation - 2 construction agreements · Steve explained the two construction projects and the two agreements. · City applied for the grant two years ago as a Pavement Preservation Project for urban routes with federal money allocated through the State of Montana. · City indexed the streets using a software management program to meet the criteria for the State and Federal departments in order to receive the money. · City of Laurel competed with all Montana cities that have urban routes within their boundaries. · One project involves milling and thin lift overlay on First Avenue starting at Main and ending at 12th Street just below the bridge. ,, Second project on Maryland from 8th Avenue to Washington is a seal and cover project. · The projects will cost about $350,000 to $400,000, and none of the dollars will come from the city. o A request to take some money out of our urban funding would be a rare case only if the construction overruns were way out of limits. o The projects will be bid in July and completed in August. · Mark congratulated Steve and Larry on their efforts to put the City of Laurel in line for the grants by implementing the index system used to evaluate the condition of the streets. 2 Council Workshop Minutes of May 12, 2004 · Projects are funded on a one-time basis using dollars offered by the federal government specifically for preventive maintenance on urban routes within cities. · Discussion regardin~ the coordination of the waterline project and the overlay project at First Avenue and 12 Street. · Mayor Olson thanked the staff for their efforts to obtain the outside funding for these street projects. · John Oakes stated that Larry McCann started the city's program to get into the grant cycle. Planning Board issues - Cai Cumin: · Swimming pool o Cal urged the city, the council, and the mayor to get back on track with the swimming pool planning project. o City of Billings has gone through a detailed analysis of their swimming pool needs, so we could review their studies o Swimming pool was a high priority issue in Laurel's community survey. o Cai urged the mayor to appoint a new committee with a council person as the head of the committee. o There is money in an account that was given by a donor for the new pool. o Some money might be available for some additional planning. o Kate stated that the pool has been the number one issue in past surveys and that the city needs to work with the school and combine all of the entities on the project. o Mayor stated that he would get people in place to get some work done. · Zone Change for Ward Subdivision, Block 1, Lot 1, from R7500 to Residential Multi- family. o Council needs to schedule public hearing. o Location is next to the Tender Nest housing for the elderly. o The owner has requested a zone change for the adjacent lot on 1st Avenue North arid 12th Street to build an addition to the unit. · Addition will consist of two eight-plexes, with two four-plexes on top of each other. o Elderly residents will not require the same level of service as those in the present facility, which is basically one dwelling unit with eleven bedrooms: o Owner requested a zone change to allow multi-family, which is not an introduction to a new use there. o The May 6th Planning Board minutes include the information. o Property owners were notified by mail, and there were no protests at the public hearing. ,, Moratorium on animal units in the residential tracts zone o Cal discussed this at the last workshop. o At the May 6th meeting, the Planning Board recommended that the council hold a public hearing on the zone change. · Consider recommendation of Yellowstone County Planning Board that new school location should include input by local Planning Board and coordination with Growth Management Plan. Council Workshop Minutes of May 12, 2004 o Cal informed the council that the planning board in Billings sent a request for support to introduce legislation that would require school boards to coordinate the planning for new facilities with the local government. o Cities have their growth management plans, comprehensive plans, and planning process, and the school boards have their own. Jean Kerr and Steve Klotz: Space for court relocation · Mayor Olson stated that he has had several meetings with Jean and Steve regarding the court relocation, and three options were presented to the council. · Mayor Olson explained the attorney's suggestion that the logical course of action would be for the mayor to recommend one option in the form of a resolution at the next council meeting. o If the recommendation fails, the council would then need to make a subsequent recommendation, which would come forward at the next workshop and council meeting. · Jean Kerr distributed copies of her research for a new building, which is the first option. o Proposed location for the modular configuration would be in the city parking lot across from the court building. o Bid from Mobile Stor was received on April 22ha, and the approximate quote was for $58 per square foot. · Local building costs were $110 per square foot for stick built construction. o Jean explained the floor plan and advantages of the proposed building. · Building is manufactured in Idaho, delivered in three parts, and the cost includes set up and taking it off the hitch. · Building consists of three 44x22 foot units. · Could choose electric or gas for heat/air conditioning · Building could be relocated or remodeled in the future. · Building would provide a cost savings in lower utilities, lower ceilings, better acoustics, and a better floor plan. · Parking would still be available in the parking lot. · Timeframe for ordering is normally about 60 to 90 days, or 120 days maximum during the peak season. o Jean stated that the city is strapped for funds, but she feels that remodeling will only be a temporary thing and then the issue would have to be addressed again. · Discussion o Questions regarding cost to put in utility services to this unit and locations of hot water heater and furnace o Bench and jury box are not included. · The current bench could be relocated, but a jury box would need to be built. o Kate asked regarding the total square footage and the number of parking spaces that would be displaced in the city parking lot. o Kate stated that parking is one of the major issues with merchants right now, and to displace that many parking spots would be an extremely hard sell. o Jean stated that we have to consider health issues because of the mold issue in the building, which include respiratory, sinus, and eye concerns. 4 Council Workshop Minutes of May 12, 2004 o Question regarding engineering fees · Jean stated that an architect would draw the plans, and the blueprints are included in the price, and the building has to pass state codes. o Gay related the history of how the lot was acquired. · The monies came from some of the downtown people who could not afford parking, so they paid money into the city for parking. · He questioned how we could take this away and justify the monies that are spent for that parking lot, since it is not all our parking lot. o Jean suggested that diagonal parking could be used to alleviate the concerns. · If the present court building were destroyed, it could be used for parking. · Steve Klotz distributed information regarding the second and third options and mentioned that all of the options are conceptual at this point. · The second and third options involve remodeling the existing city hall. o There is quite a bit of space on the second floor, which is difficult to utilize becanse it is not ADA accessible. · Don Seyffarth, a local architect in the Billings area, worked with the city previously regarding space studies for the CIP. o The second and third options involve the area of city hall where motor vehicle and the public works department are currently located. · The second option shows a proposed first floor layout. o In this option, the building department is still downstairs. o This causes some flow problems, cramps down some of the areas, and makes them almost unable to functional due to the small area. o This plan does allow for exiting and ADA requirements. · The third option does not include the building department on the first floor. o A lift, or an elevator, and a stairway would provide access to the entrance to the court on the first floor and also to the second story, where the public works and public utilities offices would be located. o This plan has separate waiting rooms for motor vehicle and court. o The court entrance would be through vestibule on the first floor. o The second floor entrance off the elevator in the alley goes into a waiting area where the public works secretary would be located. o The public works and public utilities offices, as well as a plan room and a central conference room, would be located to the north. o Dave Ward, the juvenile probation officer, would be located to the south in order to fulfill ADA requirements o An area would be provided for the attorneys on the second floor to provide a separation from the court and attorney. · The second and third options allow the city to invest money into utilizing space in an existing building that is structurally sound. · Steve introduced Don Seyffarth to give a professional opinion on the space study of the building. · Don stated the proposal to utilize the second floor of the building. o By code, there should not be any public offices on the second floor because it is not accessible to the public. 5 Council Workshop Minutes of May 12, 2004 o HKM Engineering did a study a few years ago regarding installing a lift outside in the alley. o If under 12 feet in an existing building, a lift can be used instead of an elevator. · Substantial difference in cost · A lift would be about $24,000 and an elevator would be around $80,000. o Don opted to go use the space on the second floor by moving the building department up there, leaving motor vehicle and the city court on the first floor. o Don expressed some concerns regarding unknowns. · It has not been determined whether there is sufficient space in the electrical panel for a lift or an elevator. · It has not been determined whether the floor distance would meet state regulations for a lift. o Discussion · No exterior work is planned other than the enclosure for the staircase. · Question regarding the measurements of the current building. · Question regarding interference in the alley. · Council chambers would still be located in the present court building. · Suggestion to put in an acoustic tile drop ceiling in the chambers. Question regarding whether the State of Montana has instructed the city to mitigate the situation. o Sam explained the situation. · The mold in this building is an intermittent problem. · Studies have been done, and the occasional significant levels can cause a health risk, especially to folks who are sensitive to certain levels of mold. · The potential liability to the city is driving the issue at the present time, and he stated that it behooves the city to find a reasonable solution that it can afford. o Question regarding regular monitoring of the mold. · Mayor explained that the State of Montana conducted an investigation and declared that mold was present downstairs. · The city mitigated the issues with the State. · The city contracted with Northern Industrial Hygiene to perform additional · Samples taken showed hat there is no negligible health hazard as far as mold or spore is concerned. · However, on certain days at certain times the spore production is higher. · The concern is the liability that is caused by environmental conditions. · Jenny stated her concern for the court clerk's safety when in the building alone, and she suggested that the court should be moved to the FAP building. · Discussion regarding the lack of space in the FAP complex. 6 Council Workshop Minutes of May 12, 2004 · The park area next to the FAP building has been dedicated as a state park for a volunteer fireflghter memorial, so we no longer have the option of expanding in that direction. Discussion regarding the mold issue. · Steve stated that Sam presented good reasons from a liability point of view. · The issue also needs to be addressed because a quantitative level of risk has not been established regarding mold. It varies from person to person, and it also varies upon exposure. · Rather than becoming desensitized, it is possible to become sensitized to mold, where just a small exposure to it may cause some adverse reactions. · It is a gray area, and there are huge amounts of liability on the litigation side when trying to determine who is liable for what, what the standard is, and what precautions the city has taken to prevent it from happening. · Steve stated that the city is pursuing these options in order to provide a healthy work environment for employees. · Jenny would like to review the reports on the mold issue Discussion regarding how far into the future this remodeling and the other proposal will it be utilized without having to go through this process again. This investment will not take us twenty years into the future. To do that would cost $1 to $2 million to provide the needs that we would have in twenty-five years. · John stated that this community has never built anything in a first- class manner, and he thinks it is time to do so. · Discussion regarding the life of the lift. · Don stated that it depends on how much it is used and how the city monitors it. · Lifts are subject to vandalism. · Discussion regarding future expansion over the present clerk's office. · Access would already be provided through the proposed remodel. · Based on stmcturai reports that have been done in the past on that building, it is a pretty solid building. · Don stated that the existing building is very sound, has a good foundation, and the floor system is probably designed to handle over 120 lbs per square foot. Mayor Olson explained the process. o Mayor will make a recommendation to the legal office to draw up a resolution on one of the options that was presented before us. o Mayor recommends that the legal staff prepare a resolution for the council's consideration on the third option of putting the court on the first floor and the public works department on the second floor. 7 Council Workshop Minutes of May 12, 2004 Executive review · Stewart Kirkpatrick - YCCHD - Air Pollution Control Board o Mayor explained that the issue came up after the agenda was distributed. o Stewart Kirkpatrick, who represents the Yellowstone City-County Health Department (YCCHD), distributed information to the council. o At the last meeting, Stewart presented an ordinance to the council requesting some changes to an inter-local agreement. · The inter-local agreement has two parts. · One is the operation of the Yellowstone City-County Health Department. · The second is new to the health department and that is assuming the responsibilities and administration of the Air Pollution Control Program. o Yellowstone County and Billings approached the YCCHD and asked if the department would be willing to take over that administration. o The Air Pollution Control Board would be eliminated. · Air pollution control issues would be put under the umbrella of the health department, which is a trend statewide. o In order to complete the process, the State of Montana Department of Environmental Quality must approve this through the Board of Environmental Review. o Seven changes need to be made to the document that is currently in effect. o The changes are essentially are very simple to change administration of the Air Pollution Control Program from an Air Pollution Control Board to the Yellowstone City-County Health Department. ~ Yesterday DEQ staff approved the program document with the suggested changes. ~ The city councils and the county need to approve the docnmcnt before a June 4t~ meeting with the State of Montana. o Stewart thanked Mayor Olson for recognizing the dilemma and allowing the issue on the agenda. o Stewart explained the information that he distributed. · The resolution · The memorandum that discusses the interqocal agreement in more detail · The notice of public hearing, which is a statutory requirement that is new from the legislature · The program document, which are the regulations of the Air Pollution Control Board, that are necessary to be approved by the council and then goes to the State for approval o Stewart requested that the item be placed on the June 1st council agenda for a public hearing and approval of a resolution authorizing and approving the City of Laurel's participation in the Yellowstone Air Pollution Control Program. · Joint Work session with the Laurel School Board Trustees o Scheduled for Thursday, May 13a~, at 6:30 p.m. in the Laurel Middle School Library 8 Council Workshop Minutes of May 12, 2004 Jean Lewis, Associate Producer of Pat S ommerall, Champions of Industry 300, of Dallas, Texas o Contacted Mayor Olson regarding an opportunity for Laurel to have a two-minute segment on CNN. o Production team would come to Laurel to make a production about small communities. o Also published in Fortune 500 magazine in a space allotted for small communities. o Laurel would have to share the cost of production, which is approximately $28,000. · City's financial status does not allow us to go forward with this opportunity. o Discussion · Doug suggested that he would rather use the $28,000 to finance Rocky Smith. · Mark Mace suggested that the city's website should be updated in order to bring economic development to town. Committees O O O CCPB O © © Mayor requested that the committee chairman contact the committee members and start scheduling meetings again. Public Works Committee needs to address the leases at Riverside Park. Emergency Services Committee needs to review the mutual aid agreements. appointment - Bud Johnson Mayor Olson thanked Kate Stevenson for her years of service on the planning board. Mayor will appoint Bud Johnson to complete the term on the planning board. Discussion regarding Doug Poehl's position on the planning board. Resolutions: · Resolution - Bid for service truck from Laurel Ford · Resolution - HOME Grant Budget resolution: removed from the council agenda · Resolution - Construction Agreements with MDOT · Resolution - Fire agreement with Yellowstone Boys and Girls Ranch Announcements · Kate stated that the Laurel Development Corporation will start planting the trees and shrubs in the Town Square on Saturday at 9:00 a.m. Attendance at the May 18th council meetin~ · All seven present will attend. · Doug Poehls will not attend the special council meeting on May 19th. Other items · Jenny asked if the council could tour the present public works department. · Mark stated that the new council members should also tour the new water intake. 9 Council Workshop Minutes of May 12, 2004 Mark asked if the public works director could present a report about the sign code ordinance and how it is working within the City of Laurel. o Mayor will schedule at a department head meeting and then bring forward to a council meeting. John Oakes stated that additional office space will be needed for the employees that should be hired, such as a sign code enforcement officer. Mayor Olson stated that budget presentation is going to be a presentation of the financial status of the city. The council workshop adjourned at 8:50 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. 10