HomeMy WebLinkAboutCouncil Workshop Minutes 01.25.2005 MINUTES
COUNCIL WORKSHOP
JANUARY 25, 2005 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 January 25, 2005.
COUNCIL MEMBERS PRESENT:
_x_ Dick Fritzler (6:43 p.m.)
_x_ Kate Stevenson
_x_ Gay Easton
Jennifer Johnson
_x_ Doug Poehls
x Mark Mace
_x_ Daniel Dart
x John Oakes
OTHERS PRESENT:
Sam Painter
Steve Klotz
Rick Musson
Cai Cumin
Mary Embleton
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. While all comments are welcome, the Council
w#! not take action on any item not on the agenda.
· Ralph Murphrey, 403 Badger Square, spoke in opposition to the zone change request at
904 Yellowstone Avenue.
Planning Board issues:
Zone change request for a portion of proposed Solid Foundations Subdivision {C.S. 1330)
from Residential Tracts Zone to R6000. (Public hearing - 01/18/05; Council decision -
02/01/05)
· Cai Cumin answered the following questions from the council.
· Why the choice of grinder pumps in the sewer system instead of a lift station?
Justification and thought process.
o Grinder pumps are bei~nthg used because the property is lower than the sanitary
sewer line presently in 4 Street.
o There are two ways to address that: by individual grinder pumps in the houses or
by building a lift station.
o The conditions that dictate which method is used are based on cost rather than
quality:
o The cost of a lift station is extremely expensive and is prohibitive in a project of
this size.
o Grinder pumps do not become an issue for the city and would be the
homeowner's responsibility.
o The Rehberg Ranch, a high-end subdivision, bas grinder pumps.
Council Workshop Minutes of January 2~, 2005
· Are the retention ponds temporary or permanent? They were referred to both ways
during the hearing. How is size and depth of ponds determined?
o The answer lies in the subdivision process, which begins with submitting the
proposal of a preliminary plat, the environmental assessment, and the community
impact needs statement to the Planning Board.
o After Planning Board approval, it goes to the Public Works Department or the
Montana Department of Environmental Quality for specific design specifications
for the subdivision.
o This subdivision is not at that stage yet, and the engineer has discussed detention
ponds on site and retention ponds on site or to the south of this project.
o The use of the ditch on the south side of Certificate of Survey 1330, about half
way down the property, using that as drainage that will eventually end up on 8th
Avenue has been discussed.
o There has been discussion about taking the water down south to the old highway
and then running it into the city's storm drain.
o None of these options have been finalized because it is not time for them to be
finalized yet.
o Cai stated that, according to state and city law, this development cannot allow any
more runoffto adjacent property than already occurs.
o As far as being temporary or permanent, the city is in the process of dealing with
the storm drain on the west end of Laurel right now.
o It is anticipated that at some future point, projects in west Laurel will not use
spare drainage ditches to drain their property but they will go into a proper city
storm drain system.
· Is there any information about some type of settling ponds from previous businesses in
the southwest corner of the property? Question has been raised about vegetation death in
that area.
o Cai stated that the best way to answer the latter part would be to look at the site,
which he said has no lack of vegetation in these areas.
o Other than the settling ponds, no toxic or pollution problems were found in the
phase one environmental report done on this site prior to the Laurel Development
Corporation acquiring it.
o Licensed DEQ asbestos professions came out during the demolition of the
building, and there is no problem with asbestos.
o The State EPA checked the site in 1999 right after Liquid Air closed, and there
was no problem with toxicity or pollution at that time.
o The State EPA is coming down this coming week to finalize the question.
· Dan Dart stated that, as a matter of public disclosure, he has had an oppommity to talk to
Mr. and Mrs. Becker, Mr. and Mrs. Holden, and David Bare.
· Ditch questions. Have the ditch companies been approached? How will the ditch rights
and flows be mitigated?
o Cai stated that the ditch on the south end of where the houses will be going is not
a ditch of record.
o At the public hearing, the West City Ditch Company expressed concern that
people living in the area would contribute to ditch problems on the north side.
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Council Workshop Minutes of January 25, 2005
o Cai mentioned that the resolution that recommends approval specifies, with the
Planning Board's recommendation, that the integrity of any ditches on site and
their irrigation capacities should not be changed, and the issue of culverts be
addressed, mainly the culvert on the north side.
· John Oakes asked why they decided on this piece of property, as it is truly garbage land
and has so many problems.
o Cal stated that that is not his opinion or the opinion of the LDC.
o Cai stated that this particular site does not have any more problems than most
subdivisions.
· How are infrastructure costs to be paid? Is it from the income of the lot sales? How will
this be addressed during construction?
o Cal explained that the program is set up with a loan from the Federal Department
of Agriculture to fund the improvements, such as boulevard sidewalks, lighting,
streets, curbs, gutters, and water and sewer lines.
Is it a promissory note or a grant process?
o Cal stated that it is both.
o The corporate note is carded by the Laurel Development Corporation and does
not require the signature or the liability of any of the board members of the Laurel
Development Corporation.
· Is there any way to know how many opponents of this proposal are city residents and not
city residents?
o The list has not been evaluated for city and non-city residents.
· How many residents in and around Laurel are receiving city water or sewer services and
are not annexed to the city?
o Doug Poehls had the city water department run a list of properties or residences
that receive city services but are not annexed to the city.
o There are about 87 properties.
o Doug stated that the city council needs to address the issue regarding annexation
of properties that receive city services.
· Doug mentioned the Montana Department of Transportation's proposed plan for a full
interchange on the west end of Laurel, which would be a west side arterial.
· Question regarding if any known or unknown substances were found in the process of
demolition of the on-site building
o Inspectors were on the site and none were found.
· What kind of methodology was used to determine the level of the water table?
o Records of existing well logs in the area were used.
o The only applicable issue with the water table for this subdivision is during storm
water runoff and it does not apply to septic tanks, drain fields, or building
foundations.
· John read a prepared statement regarding the Laurel Development Corporation and the
issues.
· Gay Easton made a statement regarding his association with the city as a volunteer on
boards and committees for more than fifty years and the need for development.
· Question regarding the safety, the gates, and the access for safety protection for the Solid
Foundations Subdivision.
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Council Workshop Minutes of January 25, 2005
o Cai stated that the length of the north side of this property where the houses are
going to go caused concern by the fire representatives that the trucks would go
down there and not be able to back up or turn around in an emergency situation.
o The proposal is to install a gate at the south side of the houses so that the fire
department can either go right through or have a key to access or ingress off the
old highway.
o The conditions from the Planning Board stipulate that it has to be approved by the
Laurel Volunteer Fire Department.
Dan Dart made a statement regarding the process used with this subdivision.
Mark Mace made a statement regarding zoning and development.
Doug Poehls mentioned that many people have contacted him regarding this issue,
including Roger Giese and John and Marcheta Becker.
Cai stated that the city's administration of this subdivision is not any different than any
others for the past three decades.
Zone change request for Tract A~ C.S. 826 (904 Yellowstone) from Residential
Manufactured Home to Residential Tracts. (Public hearing - 01/18/05; Council decision
- 02/01/05)
· Cai stated that the four acre area is large enough to have a separate zone change.
· The property owner has the right, under city ordinance, to ask for a zone change.
· The zone change request is from the current Residential Manufactured Home to
Residential Tracts.
· John Oakes read a prepared statement regarding his opposition to instances of spot
zoning.
o He warned the council to beware of spot zoning and read a quotation from a
Montana Supreme Court Case that dealt with spot zoning.
o He also read language from numerous other state courts regarding the issue.
· Dick Fritzler has talked to people on this issue.
o The zoning is industrial to the east of this manufactured home development and to
the west is a subdivision which is zoned agricultural.
o His concern is that approving this might be incongruent with the Growth
Management Plan because in the situation where the entire area is zoned as
manufactured, it looks like it is consistent with our plan.
o Surrounding certificate of survey 826 are eight developed residential areas
o With the development and the long-term growth plan, he suggested that granting
the zone change might be inconsistent with the land use as it now exists.
· Doug Poehls stated that the staff does a tremendous job and the council needs to make the
most knowledgeable decision possible from the information received and researched.
· Dan Dart asked if the property owner was cited for having animals on this property.
o The property owner had chickens on her property, which is in violation of the
Residential Manufactured Homes zone.
o A complaint was received, and a letter was written to the property owner.
o She was told to get rid of the chickens or somehow solve the issue.
o One of the options given was to apply for a zone change, which is her right.
· Laurel Business Park Subdivision Preliminary Plat
o High-Tech Construction purchased th/s property.
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Council Workshop Minutes of January 25, 2005
This area has a lot of interest in development from developers that are looking at
the interstate frontage.
It is in the city, already zoned, and has water, sewer, and access.
The proposed access is to put South 4th Street through so that Interstate Drive
connects into South 4th Street, and the process is in the works.
The original Subdivision Improvements Agreement, which is still in effect,
required the subdivision properties to contribute to the cost of a streetlight on
South 4th and maybe on East Railroad.
The Planning Board has recommended approval of the preliminary plat, subject to
the conditions.
A resolution will be on the February 1st council agenda.
Clerk-Treasurer:
· Insurance transfers
o Resolution needed to transfer funds from the Employee Health Insurance Fund
and the Permissive Medical Levy Fund to the General Fund.
o Transfer is needed twice a year, as the major portions are collected with the taxes
in November and May.
o Resolution will transfer a total of $170,519.96 to the General Fund.
o Resolution will be on the February 1st council agenda.
Police Department:
· Appointment of police officer - Kyle Bryant
o Process to hire an officer to replace Dustin Black has been completed.
o Mayor will appoint Kyle Bryant, who has served as a Laurel Police Reserve for
four years, at the council meeting on February 1 st.
· Appointments of five police reserves
o Five reserve officers are on the roster at this time, and five new appointments
have been presented to the mayor.
o Appointments of Rebecca Strait, Travis Warren, Walter Hall, Ten'ill Bracken, and
Jeff House to the Laurel Police Reserves will be on the February 1st council
agenda.
· Laurel Police Department Annual Report
o Rick distributed copies of the Year-End Report for 2004 to the council, and a
copy is attached to the original council workshop minutes.
o Rick discussed the activities of the Laurel Police Department during 2004,
including hiring of officers, upcoming retirement of a dispatcher, current
manpower, participation in the H.I.D.T.A. drug unit based in Billings, purchase of
equipment, the School Resource Officer program, the use of motorcycles for
traffic control, and the calls for service in 2003 and 2004.
o Rick presented projects and needs for 2005, including patrol vehicles, an animal
control vehicle, animal shelter, and garage space.
o Rick will present an E-911 plan to the city council within the next several months.
o One of the department's Taser trainers will do a presentation on the effectiveness
of the Taser at a future council meeting.
Council Workshop Minutes of January 25, 2005
Public Works Department:
· Safety Manual
o Have been developing the safety program for about a year.
o Contracted with Montana Safety Services
o Created a City Safety Committee with representation fi.om union, non-union, and
management.
o Document meets the State requirement to meet the Federal Safety Culture Act.
o Resolution to approve the Safety Policy will be on the February 1st council
agenda.
· Proposal to county for leased space at S/square foot
o Draft proposal between the City of Laurel and Yellowstone County for the space
occupied by the Motor Vehicle Services in city hall.
o City and county are in agreement on $10.00 per square foot per year.
o Agreement is slated to start at the fiscal year.
o After the county reviews the agreement, the final draft will be presented to the
council with a resolution.
· Reconciliation change order for 6th Street Project
o Resolution authorizing the mayor to sign a final change order closing the 6th
Street project, the project by the post office that we ran into problems.
o Balance of $2,839.39 is owed on the reconciliation change order to complete the
project.
o Resolution will be on the February 1st council agenda.
· Council authorization of urban funds for the potential overruns on Main Street Pilot
Project
o Resolution authorizing the mayor to sign an agreement to use additional funds
fi.om the urban program for the downtown pilot project.
o The downtown pilot project is the two blocks of new sidewalk and streetscape on
Main Street from 1st Avenue to 3ra Avenue.
o Steve gave a brief explanation of the project.
· Engineers have estimated a shortfall of $135,000 for the project and need
to know the funding source before the project is let.
o Recommend that the funds come out of urban funding
· Explanation of the status of the 8th Avenue project
o Project is slated for 2007.
o Storm water issues on 8th Avenue are being addressed.
o The storm water issues have added about $600,000 to the project.
o The project will put the city in the hole about $650,000, which will be paid back
by 2009.
o West Raikoad Street would probably be the next proposal for urban funds.
· Update on traffic signal at SE 4th Street and 1st Avenue South
o Signal warrant request was submitted for a study on the intersection to warrant the
need for a traffic signal.
o Intersection met three of the eight possible warrants: 8-hour traffic flows, 4-hour
traffic flows, and peak traffic flows.
o After the warrant study, the intersection was reevaluated with a fight hand only
turn lane on SE 4th Street.
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Council Workshop Minutes of Jal~tlary 25, 2005
o With the right hand only turn lane, the intersection does not meet any warrant
studies.
· The end result is that a light will not be installed at that intersection.
o Steve is working with the Billings Division of the Engineering Department to see
if they will engineer the markings for the city, who would install the markings.
· Code enforcement update
o Complaints have been received regarding the Village Subdivision area.
o Gary Colley has mailed the general regulations to the property owners in the area
and asked them to be aware of and comply with those for the betterment of the
community.
o Beginning in February, Gary will visit each property and start going through the
process with people that are not in compliance.
· Resolution to create SID No. 111 (Public hearing held on January 18, 2005)
o Sidewalk part of the East 1st Street Project
o Resolution will be on the council agenda on February 1st.
· Arbor Day Proclamation
o Part of the Tree City requirements
o Arbor Day is the last Friday of April.
o Mayor will read a proclamation for Arbor Day as April 29th at the council meeting
on February 1st.
grants for water
adjudication.
o City of Laurel has a grant application to the State for a large sewer project this
year.
o City has contacted Alec Hansen, the Soil Conservation District, Senator Dan
McGee, and Representative Emelie Eaton regarding the city's opposition.
Information from the City of Whitefish
o City Manager wrote a letter asking the City of Laurel to support LC1724, which is
legislation that allows cities and towns to consider price when selecting architects,
engineers and land surveyors.
o Currently, local governments are not allowed to ask local consultants for price
bids and this would be an opportunity for a better way for selection.
o Mayor asked that the council give the authorization for support of this.
o A resolution of support will be on the February 1st council agenda.
Executive review
· 2005 Montana Legislature - House Bill No. 69
o Issue is regarding taking the DNRC funding from thc
Ordinances:
· Ordinance No. O05-01: An ordinance amending Chapter 12.32 for the purpose of
creating a City Tree Board and revising the City's Tree Ordinance to provide a
comprehensive plan for tree planting, maintenance and removal and to provide a penalty
for violation thereof. (Public hearing 02/01/05; Second reading 02/15/05)
Announcements
· None
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Council Workshop Minutes of January 25, 2005
Attendance at the February 1s* council meeting · Kate Stevenson will not attend.
Other items
· The council retreat is scheduled for Saturday, February 12th, at the Super 8 at 7:00 a.m.
The council workshop adjourned at 8:11 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.
8
Year End Report for
2004
TheYear 2004 was a year of highs and lows for the Laurel Police
Department. In January Officer Chris Romero left the department to work
for the Yellowstone County Sheriff's Department. On February 4th Shawn
Wichman was hired to replace Romero. Officer Wichman has been a
wonderful addition to the department. Officer Wichman attended the
Montana Law Enforcement Academy in Helena from April 4, 2004 through
June 25, 2004. He successfully completed the 12 week course.
On October 9, 2004 Officer Dustin Black passed away due to an
accidental self inflicted gun shot wound. Ihe passing of Dustin has been
very difficult on the Laurel Police Department. I am very pleased how the
members of the department have made it through the last 4 months.
On December 3, 2004 Officer Jody Guillaume completed her one year
probationary period. Jody is a very energetic, hard working officer and has
been a great addition to the department.
At the end of 2004 Judy Woodman started talking about retiring from
the Police Department. About one week ago a letter of resignation was
received from Judy effective February 17, 2005. Judy started working for
the City of Laurel on July 25, 1977. Judy's last day with the City will be
February 16, 2005; she will have worked 27 years, 6 months and 22 days.
Judy was very dedicated to the Police Department and has been very
meticulous in performing her job as TAC (Terminal Agency Coordinator).
It has been a pleasure to be the Chief of Police for the Laurel Police
Department for the past 6 V2 years. It is because of great employees here at
the police department that makes my job a lot easier. There is a lot of stress
in the Chief of Police position no matter what department it is. The average
for a Chief of Police to stay on the job is 2 years 9 months. I am honored to
be the Chief of Police for the City of Laurel and am looking forward to
serving the city for many more years.
Rick Musson
llice
Page 2
Three and a half years ago the City of Laurel and the Laurel School District
entered into a community partnership in order to start a School Resource
Officer program. Officer Jay Hatton was assigned to the school district for
three school years. Officer Hatton did a superb job in his time in the
position. Because of Officer Hatton's hard work and dedication the program
got off to a great start.
In 2003 the City of Laurel was awarded a $125,000 three year grant to
assign a second officer to the SRO program. Erin Popp started in the middle
school during the second semester of the 2003/2004 school year. Officer
Langve took the place of Officer Hatton at the beginning of the 2004/2005
school year. Both officers have fit in great in their assigned schools. Officer
Langve is assigned to the High School and Officer Popp is assigned to the
Middle School.
In June of 2003 the Police Department started patrolling the streets of Laurel
on a 2003 Harley-Davidson police motorcycle. Officer Joel Sauter was our
first motor officer. In 2004 we were pleased to add a second motorcycle to
the streets; Officer Jason Wells stepped forward to take the assignment.
Both officers have attended an 80 hour intensive police riding course. The
motor patrol has been good for the image of the police department. While
officers are patrolling on the motorcycles they are assigned to work on
traffic issues. The motor officers have been a great public relations tool for
the department. The officers are more assessable to the public because they
are out in the open, young people along with adults are more willing to walk
up and talk to the officer on a motorcycle. The motorcycles have been used
for parades and at the Laurel Aviation Technology week in 2004.
The other 6 officers who are not assigned to special details (this includes the
motor officers) patrol the streets 24 hours a day to keep us safe.
Rick Musson
Manpower
2004
Hire Date
Chief of Police ..................... Rick Musson June 1, 1982
Sergeant ............................. Mike Zuhoski Jan 29,1992
Officer/Investigator ............... Mark Guy Nov 12,1994
Drug Investigator .................. Travis Pitts Nov_ 13,1996
Officer/Motor Officer ............. Joel Sauter Oct 11,1997
Officer/Motor Officer ............. Jason Wells Mar 18, 1998
Officer ............................... Jay Hatton Nov 4, 1998
Officer/SRO ........................ Stan Langve Jan 5, 2000
Officer/SRO ........................ Erin Popp Jan 14, 2002
Officer ............................ ,..Jody Guillaume Dec 3, 2003
Officer ............................... Shawn Wichman Feb 4, 2004
Officer ........................ Vacant/projected hire date Feb 1, 2005
(Kyle Bryant)
Over the past several years the police department has been able to diversify
our manpower in order to accommodate the needs of the City of Laurel.
Officer Mark Guy has been our investigator for the past 5 years. Mark has
done a wonderful job in the position. Since the death of Officer Black,
Officer Guy has been working as a patrol officer plus working felony cases
when he has time.
In August of 2003 the City of Laurel stepped up to the plate and made a
statement that we wanted to be part of the war on drugs. Travis Pitts was
assigned to the H.I.D.T.A (high intensity drug trafficking area) drug unit
based out of Billings. Since January 2003 up until Dec 04 the city has
received approximately $40,047.00 from drug forfeiture. Officer Pitts has
been a great addition to the H.I.D.T.A multi-agency task force.
Due to receiving the forfeiture money from cases that Officer Pitts has been
involved in, the department has been able to purchase equipment that we
were not able to budget for through the police budget. We have been able to
purchase body armor for the officers, 6 office chairs, 5 Dell computers, one
unmarked car, and motorcycle equipment.
ManpoWer
2004
Communications Officers
Animal Control
Communications Officer II ............ Judy Woodman
Communications Officer I ............. Cheryl Marshall
Communications Officer I ............. Michelle Steffans
Communications Officer I ............. Susan Canape
Relief Comm. Officer .................. Monica Salo
Relief Comm. Officer .................. Carrie Wood
Hire Date
7-25-77
5-15-86
5-31-94
11-10-95
11-02-01
4-1-03
Animal Control/Parking Officer ...... Connie Crowe 2-3-83
2004 Activity
Calls for service:
2004 2003 2002 2001 2000
8471 8102 8806 8206 8084
Each month an activity report is handed out. Here are the numbers
per incident for the year.
2004
BURGLARY 17
THEFT 227
PFMA (DOMESTIC) 32
CRIMINAL MISCHIEF 59
POSSESSION OF DRUGS 22
SPEEDING CITATIONS 401
ANIMAL COMPLAINTS 605
OFFICER ANI.MAL TICKETS 68
ANIMAL CONTROL TICKETS 99
OFFICER PARKING TICKETS 75
PARKING OFF TICKETS 219
2003
19
248
34
77
22
336
564
18 (JUNE-DEC)
73 (JUNE-DEC)
28 (JUNE-DEC)
168(JUNE-DEC)
PROJECTS AND NEEDS
2005
PATROL VEHICLES:
Purchased 2005 Ford Crown Victoria patrol car 2004, went on line January
2005.
Going out for bid on a patrol vehicle on Wed January 26, 2005. Bids are
due on February 8, 2005 at 3pm. $16,000 is coming from the CIP and
$9,999.00 is coming from a Board of Crime Control Grant.
Drug investigator vehicle: Leased from LaUrel Ford and paid for by
H.I.D.T.A. funds.
School Resource vehicles: Officer Langve drives a car that is donated by
Laurel Ford. We pay for the insurance and maintenance. Officer Popp
drives a 1999 Ford Expedition that we received from the 10-33 program.
Under home land security we can receive free vehicles.
Motor Officers: Each year they are riding the newest model of police
motorcycles on the market through Beartooth Harley-Davidson in Billings.
The City purchases the motomycles each year for $1.00 each. At the end of
the riding season or by Nov 1, we return the motorcycles.
NEEDS:
Animal control vehicle will be needed in the near future. The vehicle that is
used now has a lot of years on it and a lot of miles. Animal control officer is
only able to safely transport one animal at a time.
Animal shelter
Garage space for large items seized.
FUTURE PURCHASES:
E-911:
I will be presenting an E-911 plan to the city council within the next several
months. Monies needed to purchase the equipment will come from E-911
funds and 911 funds.
Page 2
Tasers:
I will have one of my Taser trainers do a presentation on the effectiveness of
the Taser. During the presentation we will explain what a taser is, what
effect it has on a combative person, the training requirements, and costs.
The police department has three certified less lethal instructors.
TRAINING HOURS FOR 2004
POLICE RESERVE HOURS WORKED
Training hours for full time Police Officers:
574
Hours worked by Laurel Police Reserves:
1653
As of 012505 there are only 5 Reserve Officers on our roster.
St.
'!
L~ne