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HomeMy WebLinkAboutCouncil Workshop Minutes 05.09.2006 MINUTES COUNCIL WORKSHOP MAY 9, 2006 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 9, 2006. COUNCIL MEMBERS PRESENT: x Dick Fritzler x Kate Hart _x_ Gay Easton _x_ Jennifer Johnson _x_ Doug Poehls x Mark Mace x Chuck Dickerson _x_ Norm Stamper OTHERS PRESENT: Perry Asher Rick Musson Mary Embleton Cai Cumin Sam Painter Scett Wilm Steve Klotz Smokey Staudinger Kent Miller, Laurel Rod & Gun Club Another man, Laurel Rod & Gun Club Public Input (three-minute limit): Citizens may address the Council regarding any item of City lmsiness not on the agend~ The duration for an individual speala'ngunderPubliclnputislimitedtothreeminutes. Whileallcommentsarewelcome, theCouncilwillnottakeaction on any item not on the agenda. ® None Police Department: · Police Reserve appointment - Mike Atkinson, Jr. Chief Masson requested that the council approve the appointment of Mike Atkinson to the Laurel Police Reserves. The appointment will be on the council agenda on May 16'. At this point, Dick Fritzler stated that an audience member wished to participate in Public Input. Cai stated that he told the gentleman not to speak "until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor." Mayor Olson asked Smokey Staudinger if there was an agenda item he wished to address. Smokey wished to speak under the Public Works Department item- street reconstruction priority list. Pl~nninl~ Board issues: · Planning Board recommendations on annexation of Water and Wastewater Treatment Plants and Riverside Park after holding Public Hearing Cal Cumin stated that the Planning Board held a public hearing on the annexation request from the city to annex the Water and Wastewater Treatment Plants and Riverside Park. The public hearing Council Workshop Minutes of May 9, 2006 was advertised and held in the manner required by law. When Perry asked him about the process of annexation for city-owned property, Cai said that eitias can annex contiguous government land. However, these parcels are not contiguous. There is no specific statute that allows cities to annex city-owned property. The emphasis in State law is that the legislative process is followed, which is the process the city is doing. Cai stated that the city attorney suggested the city do it under Part 46, which says that the city ask itself if it can annex. Cai did it under Part 44 and Part 42. One letter of protest was received fxom a gentleman who thought the city was trying to eliminate the service clubs in the park and the use of the park. A couple gentlemen attended the public heating in opposition of eliminating the shooting range. Cai tried to keep the Planning Board away t~om dealing with the political issues rather than the planning issues. After reviewing the city's request for annexation of the propeaties, the Planning Board recommends annexation of the Water and Wastewater Treatment Plants and Riverside Park. Mayor Olson stated that the annexation would be brought forward at the June 6t~ council meeting. At a recent Mayoral Conference, Bob Worthington stressed the need for control over city-owned properties. That is the basic reason for the annexation request. After annexation of the city's properties, it would be easy for other property owners to annex also. · Subdivision Regulations update The Planning Board has reviewed the first two chapters of the regulations and will have no problem meeting the October 1st deadline. The Yellowstone County Commissioners are concerned that Laurel's subdivision regulations are similar so there is no confusion when the City-County Planning Board makes recommendations to the County Commissioners. Their biggest area of concern is the chapter on design standards. Kent Miller, 1122 Ninth Avenue, is a member of the Laurel Rod and Gun Club. There are 350 to 400 members in the club, which shoots trap at the Rod and Gun Club. They have personal and family memberships. If Riverside Park is annexed into the city limits, the club would have concerns about not being able to shoot trap at that park. This has been done since the 1920's in Laurel, and the dub would not be happy if turned out of the facilities. They have put a lot of money into the Rod and Gun Club building, which is used for many functions, including hunters' safety and bow hunter education. He asked the council to keep that in mind when making decisions. Kent has been on the club board for six years. Public Works Department: · Street reconstruction priority list Steve Klotz explained how the priority list for street reconstruction in the city is developed. This list is different than the preventive maintenance list. The goal is to have a practical way of evaluating the streets to determine which ones will be rebuilt and where money should be spent. A copy of the street priority list is attached to these minutes. The first component is the street, which is broken down into sections based on how they were put in. The next component is the PCI - pavement condition index, which is calculated by a soi~are program that provides a number with zero points for the lowest and worst condition of a street and 2 Council Workshop Minu~es of May 9, 2006 100 points for the highest. The PCI number for the City of Laurel is 55. Ifa street has a PCI below 55, it needs to be rebuilt from the base up. Streets above 55 qualify for preventive maintenance to extend the life of the pavement as it exists. Preventive maintenance typically just extends the life of the street and does not improve it. Urban mutes are not included as the funding is received from a different source. Steve explained the load factor, the utilities factor, and the resulting priority of streets on the list. The utility department has detvmdned where the utilities under the street, water, sewer, and storm, are in good enough condition to pave over them or new utilities have already been installed. Steve will distribute copies of the list to the council There was discussion regarding targeting streets that have good utilities, coordination of projects between the public works and public utilities departments, a plan to replace utilities in the really bad streets, and the issue on Alder Avenue. Jenny asked regarding the pet hole on Alder Avenue and asked Steve to explain it to Smokey Staudinger, who was in the audience. Smokey stated that, on Alder Avenue and Fifth Street there is a hole that is two foot wide, four foot long, and two inches deep, and he put in a complaint about it today. By the high school on First Avenue and Eighth, there are some holes about four to six inches in diameter that should be patched before it gets too bad. Mayor Olson stated that Steve's presentation should stay on point with the idea of how to select different streets for resurfacing projects. With the patching problems in the city, he cannot even tell Steve to react from one to another because it is counter-productive if he is directed to go from 5th Avenue to 1~t Avenue and back and forth. Steve has a directive to determine the most traveled streets and then move forward, not to say that individual streets do not gat attention. Mayor Olson stated that Alder Avenue is an issue, but the presentation should stay on point regarding allocation for funding for future street pmjeets. Smokey stated that, on East 8th Street by the high school, there are several little holes right next to First Avenue where the concrete gutter is located. Otherwise, the rest of it by the high school is in pretty good shape. If something is not done with the holes, it will be just like the rest of the streets are. At least they could be patched a little bit. They have been that way since last fall and it seems like nobody pays any attention to it. Mayor Olson stated that they are paying attention and there are holes everywhere. Smokey stated that the school buses run over that and it needs to be fixed before it is all beat up. Mayor Olson thanked Smokey for his comments. Smokey thanked the mayor and stated that he had to attend another meeting. Steve explained the situation at Alder Avenue. At the end of the one-year warranty, the engineering firm and Larry determined thc problem is under the surface where the base is bad. The fix has been 3 Council Workshop Minutes of May 9, 2006 engineered, and Larry is working with the contractor and the engineer regarding who is footing the bill for that. No inspections were done on the Alder Avenue project. On-site inspectors are doing inspections and quality acceptance on the East First Street project. Steve will check on the situation regarding a warranty period for the fix for the Alder Avenue project. Doug Poehls complimented Steve publicly regarding a recent discussion over an issue with a There was discussion regarding submitting complaints about potholes to the city and the county. Complaints should be submitted to the public works department. Work orders are written up and processed accordingly. Complaints regarding county streets can be submitted to the city, which will contact the county. However, it is also good for citizens to contact the county regarding complaints. Steve explained that patching pot holes is just a stop-gap procedure to band-aid streets that need to be rebuilt. During the summer, the department generally goes from one end of the city to the other and fills potholes in an efficient manner. Jennifer questioned the process for a constituent to voice a complaint and stated that she thinks there is an impression that the public is not welcome. Mayor Olson stated that the constituent had another meeting to attend. It was not his intent to give that impression, and he will strive to make the process more user ~endly. Fire Department: Resolution - Yellowstone Boys and Gkls Ranch fire contract · Resolution- Fire District No. 5 contracts · Resolution- Fire District No. 8 contracts Chief Scott Wilm distributed a summary sheet for the fire district contracts, which will end on June 30, 2006. The Airport Authority and Yellowstone Boys and Girls Ranch have one-year contracts, and the rest of the districts have three-year contracts. Yellowstone Boys and Girls Ranch, Fire District No. 5, and Fire District No. 8 have returned signed contracts and the resolutions for these contracts will be on the council agenda on May 16th. There was discussion regarding Duck Creek, which has its own fire department during the summer but not during the winter. Duck Creek has always been an entity on its own. At times it has asked for the city's mutual aid, and the city has requested mutual aid from Duck Creek. The fact that they go dark in the winter is a concern for those who need fire protection insurance. The county is currently aware of the situation. Atter a suggestion that the City of Laurel provide a contract, Mayor Olson stated that all of the current districts cover 100 square miles that is serviced by a 35-man fire department. It would be the department's decision whether it wants to take the responsibility and bring the recommendation forward for the council's consideration~ · Request for permission to set off fireworks on July 4, 2006 Scott requested permission for the fire department to shoot fireworks on the 4th of July. Ads will be placed in the newspaper to notify pet owners of the fireworks. 4 Council Workshop Minutes of May 9, 2006 Clerk/Treasurer: · Resolution - Intercap loan for E-911 equipment Mayor Olson asked regarding Clerks Institute. Mary Embleton mentioned that there were twenty-three brand new clerks in this year's Institute. Sixty clerks are attending the all week session, and thirty-four more will join tonight. The elected officials will number over one hundred, and fiRy city attorneys are attending. Mary presented the resolution to accept an Intereap loan to complete the financing for the E-911 equipment for the FAP. The city applied for $85,000 as gap financing for the E-911 equipment. Closing is scheduled for May 19' and installation of the equipment should begin on May 23rd. Annual payments for a five-year Intercap loan would be about $18,000 to $19,000 and will be repaid by E-911 funding, which will double once the equipment is installed. Mary explained the loan closing documents. The resolution for the Intercap loan will be on the council agenda on May 16*. Administrative Assistant: General Project Update · East First Street pmjeet Perry reported that the East First Street project is on schedule. The old pavement is dug up and the base is almost finished. Some flat work on the side streets, the curb, gutter, and sidewalk on East First Street, and the paving needs to be completed. · Budget process Perry anticipates having the General Fund information and perhaps the whole budget ready for discussion on May 2Ya. · Cemetery Mayor Oison, Gay, Dick and Perry met with Commissioners Kennedy and Ostlund and the VFW membership about the proposed Veterans' Cemetery. Joe Foster, ~om the State, informed them that no State funding is available. Everybody involved wants to see this happen, and it is just a matter of dealing with the financial issues and getting problems solved so it can happen. · Job descriptions Perry will complete review of the job descriptions in time for the 2007-2008 budget process. There will be no adjustments in salaries, other than the scheduled percentage, bemuse Perry had previously told the council that no adjustments would be presented until the job description review was There were questions regarding the status of the asphalt plant issue, completion of the council chambers, and the request for additional microphones in the council chambers. Perry will distribute information regarding the asphalt plant to the council and will also check on the atatns oftbe council chambers and the microphones. Executive review: 5 Council Wor!tahop Minutes of May 9, 2006 · Park Maintenance District: Maintenance Assessments vs. Mill Levy Mayor Olson explained that the focus has been centered on a Park Maintenance District as opposed to a park mill levy. It has been brought to his attention that there are advantages and disadvantages. One enusideration is that a park maintenance district is an assessment on square footage and consequently is not a tax-deductible item. The mill levy has advantages for the taxpayer, which should warrant the council to look at a mill levy rather than the park maintenance. Mayor Olson would like the council to limit the time for a mill levy to five years. Mary mentioned that MaeNan Ellingson gave an excellent presentation on bonds at Clerks Institute today. Some of the baseline principles between bonding, assessments, and mills were explained, and Mary has information for the council. Mayor Olson asked Mary to present the information at the next council workshop. · Change Orders on major projects - when required Mayor Olson stated a discussion regarding work directives versus change orders has come forward ti'om the East First Street project. Perry explained that a work directive or field directive are essentially the same thing. These are changes in the work that have virtually no ftscal impact. Change orders are when there is substantial change in the bottom line of the project. In current city ordinance, change orders have to be approved by the council. The problem that happens is that the council can either approve the change orders after the fact or hold up the project until the next council meeting. Perry stated that when the council approves a contract, it is usually approved with a contingency amount in the budget. That money is already appropriated with contract approval, even though that is not the contract amount. He suggested that the council authorize the mayor to sign off on change orders up to the value of the contingency so the project can move forward and the council is not put in the awkward position of approving something that has already happened. Sam stated that, if the requirement for the council to approve change orders is in city code, it would have to be changed by ordinance. He does not have a problem with legally authorizing the mayor to sign change orders within the contingency, but the change orders should come back to the council for approval, even after the fact. There was discussion regarding a resolution the council passed which allowed the mayor to sign annual contracts up to $1,200 and the percentage of the contingency in a project. Mary pointed out that it is the council's responsibility fiscally and contractually to be in charge of a project. Every time the council approves a contract, it authorizes the mayor to sign it but the council approves it. The contract price is set and any change in that must be known to the council. If that can be balanced with not holding up the project, she thinks a compromise can be reached that will be practical and will keep the respons~ility with the legislative body to the executive body. Sam stated that a change order actually changes the contract by changing the work and the price. It is important to present them to the council for approval. 6 Corm¢il Workshop Minutes of May 9, 2006 Mayor Olson stated that this would be researched and brought forward for the council's consideration. · Speed limits - out of city limits Dick explained Commissioner Kennedy's response to concerns about speed limits outside the city limits. The city can request a speed study. Dick thinks speed studies should be requested on West Ninth Street and Valley Drive in the summer and fall. The speed study says that if the traffic is going fast, either traffic or controls need to be adjusted. Chuck stated that Commissioner Kennedy said that the speed limit in county subdivisions is set at 25 mplt and density of houses or population does not matter. With Elena and Saddleback Subdivisions going in, the speed limit on Golf Course Road could possibly be changed to 35 mph. Residents have requested a 15 mph speed limit on West Ninth Street. There was further discussion regarding arterial routes and requesting a speed study. Kate suggested that it is pointless to request a speed study if the county has established a 25 mph speed limit that could not be changed. Mayor Olson said that the county would be asked about this and information would be presented to the council. · Laurel Rifle Club - Lease Agreement Mayor Olson explained the draft resolution approving a lease agreement between the City of Laurel and the Laurel Rifle Club providing for the use of city-owned property. The city is in the process of negotiating a lease agreement with every entity that uses city-owned property. The Laurel Rifle Club asked the city to bring their lease agreement forward in order to apply for a grant for improvements in their building. The agreement states that the club would be respousible for payment of city water, garbage rates, and electricity and would be charged $1.00 annually. The last part of the agreement states that the "Lessee agrees that outdoor shooting is allowed for only the first four years of this lease. The parties agree that Lessee shall surrender the outdoor shooting range after the fourth year of this lease. Lessee shall have no further right to possession or use of the outdoor range after the fourth year of this agreement." Mayor Olson explained that city was asked to look at the liability incmxed by the oppo~tnnity to shoot within the area. In contacting our liability insurance carder, MMIA, there was some request that we stop it right away. MMIA indicated that it would follow a three-to-five year moratorium. It is necessary for the community to protect its liability interests and the four-year time period should allow the participants the opportunity to find other avenues. Mayor Olson asked for discussion from the audience. Kent Miller stated that he belongs to the Laurel Rod and Gun Club, not the Laurel Rifle Club. The Laurel Rod and Gun Club shoot shotguns, and his concern is with the firearms the Rifle Club is allowed to shoot. The Rod and Gun Club carries insurance on all members and the liability is covered through their club. He asked if the same terms would be given to the Laurel Rod and Gun Club, if this is approved by the city council. He questioned if the council would expect them not to shoot 7 Council Workshop Minutes of May 9, 2006 shotgun at that time. A shotgun travels 75 yards as opposed to a rim fire rifle or a big game rifle that travels up to one mile. Their shotgun shells are contained within the limits that they shoot down there and do not exceed out of the back of their park. He said it is a complete different scenario than the rifle range, where high caliber weaponry is used. The Laurel Rod and Gun Club would like to know if this consideration and timeframe would also be granted to them so they would have to move their club at that time. They have paid their own utilities and take care of the premises. The club has been there since the 1920's and is a strong, community-oriented club with a lot of memhership in the club. He asked the council to keep that in mind. Mayor Olson stated that the stipulation from the insurance carrier did not regard caliber, but the discharge of firearms. The same stipulations would be extended to all clubs down there. The clubs will not need to move out in four years, but discharge of firearms will be stopped in four years. There was discussion regarding the city's liability, a hold harmless law in the State of Wyoming, the history of Riverside Park, the "no discharge of firearms within the city limits" conflict resulting f~om annexation of the park, the possible need to amend the ordinance to allow a limited ban on firearms at the shooting range, providing land for a different outdoor shooting range, and the indoor shooting range. A task force has reviewed the park and lease issues. The Laurel Rifle Club needs to submit the grant application dated as of May 10th. After further discussion, Sam suggested that verbiage in the resolution for council approval on May 16th could include a retroactive effective of May l0th for the lease agreement. Sam suggested that the resolution could be modified to include a retroactive effective date. Review of drab council agenda for May 16~ 2006 · LVFD request for 4 of July fireworks Jennifer stated that the LMC authorizes the mayor to grant permission for fireworks displays and the item does not need to be on the council agenda. · Public hearing: Conditional Use Permit for St. John's Lutheran Ministries for Block 3, Lot 7, of Iron Horse Station Subdivision The public hearing will be held on May 16th. · Ordinance No. 006-04 - Second reading (First reading - 04/18/2006; PH - 05/02/2006) Discussion regarding amendment to the ordinance Copies of the ordinance including the proposed changes for the ordinance to include verbiage for an "annual resolution after a public hearing" were distributed to the council. Jennifer stated her disagreement with requiring an annual resolution and suggested that it should be changed to ''no more than annually." This would give the opportunity for changes but would not mandate the fees to be changed every year. There was further discussion. Sam stated that he prepared the amendment with the council's direction that it be an annual resolution in order to require the city to review fees and costs every year and to hold a public hearing. 8 Council Workshop Minutes of May 9, 2006 Jenny questioned the wording "by annual resolution" and stated that she was not allowed to question it previously. She thinks that the staff should be directed to review the schedule of fees and charges every year, but a resolution and changes should not be required annually. Sam stated that the highlighted sections in the ordinance would have to be amended by motion at the council meeting next week because the verbiage was not approved at the first reading. Norm stated that it is his understanding that this is what the council requested in order to review it annually. By the language in the ordinance, there is a requirement to adopt it every year, not cb. ange it every year. If there are no changes, the resolution and schedule of fees and charges would go to the council without any changes. Mark and Chuck stated their agreement with Norm's explanation. For the record, Jenny stated that she thinks "annual resolution" gives the city staffliceuse to raise the rates every single year. Norm stated that in a sense it does, but it also gives the council the right to pass or refuse it every year and a public hearing allows for public input as well Mark said it is important to know whether or not the city can provide a service at the current fee. If not, it should be changed. If so, it should not be changed. Mary asked if the council had any questions on the correct procedure to emend the ordinance. The parliamentarian and Mary would be glad to assist. The resolution approving a lease agreement between the City of Laurel and the Laurel Rifle Club providing for the use of city-owned property will be on the agenda on May 16th. Chuck asked that the lighting issue at the Kids' Kingdom be placed on the council workshop agenda on May 30th. ~nnouneements: Doug was recently approached about the off-street parking requirements in the central business district. In a community commercial area, one parking space is required for every 100 square feet of building. In the highway commercial zone, one parking space is required for every 400 square feet of building. Doug asked that this issue be on the May 30th council workshop agenda for further discussion. The Laurel YMCA Dinner Auction is scheduled for Saturday, May 20th, and Doug asked the council to consider buying a table for this event. Several council members commented about the success of Project HELP's playground construction project at Kiwanis Park last week. Doug suggested that Mayor Olson present certificates to the individuals that headed the project. 9 Council Workshop Minutes of May 9, 2006 Mayor Olson thanked the council for their participation in the project. Attendance at the May 16th council meetinu · All will attend. Other items · None The council workshop adjourned at 9:10 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