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HomeMy WebLinkAboutCouncil Workshop Minutes 06.13.2006 MINUTES COUNCIL WORKSHOP JUNE 13, 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 6:34 p.m. on June 13, 2006. COUNCIL MEMBERS PRESENT: _x_ Dick Fritzler _x_ Doug Poehls x Kate Hart x Mark Mace _x_ Gay Eeston _x_ Chuck Dickerson _x_ Jennifer Johnson _x_ Norm Stamper OTHERS PRESENT: Sam Painter Perry Asher Ca1 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 lnput is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. None Recognition of Laurel High School Girls' Softball Team - State Class "A" Chamniona At Mayor Olson's request, members and coaches of the Laurel Girls' Soltball Team attended the council meeting, and he invited them to the front of the council chambers. Mayor Olson read a proclamation of congratulations to the Laurel Lady Locomotives and coaches for winning the Montana State Class "A" Girls' Championship recently. As the names of the coaches and team members were read, Mayor Olson presented each individual with a signed copy of the proclamation. Plannim~ Board issues: · Conditional Use Pcmfit to allow Wal-Mart to put the signs for its out parcels on its billboard sign by the Interstate. o Cai stated that the council needs to set a public hearing for conditional use p~mdt to allow Wal-Mart to place a pylon billboard in the interstate zone district. o Two signs for their two tenants - not entryway zoning o The signs will be located in the southeast corner of the property. o The owners will maintain the signs and lights. o Size will be the same as other billboards along the interstate and is regulated by state law. o Entryway zoning only addresses signs for the out parcels; owner can have a sign on its own property. Council Workshop Minutes of June 13, 2006 o Cai mentioned that he will have to appear four to five times to present this, which he suggested is a poor use ofstafftime. · Mayor Olson stated that staff needs to be present to answer questions from the council. o The final plat documents were received today via e-mail, and Wal-Mart could start construction by September 2006. Public Utilities Department: · Resolution - Contract with ME&A for storm water o This resolution was removed from the enuneil workshop agenda. Fire Department: · Fire District contracts o Mary contacted LUFSA and Fire District No. 7 recently. o LUFSA wanted to negotiate the contract with the fire department. o Both districts will return the contracts soon; if they are returned prior to the June 20th council meeting, the resolutions will be on the council agenda. Clerk/Treasurer: · Ordinance- accept codification of ordinances o The State of Montana requires councils to approve its publication and recodification of ordinances at least once every five years. o Discussion regarding having an ordinance to accept an ordinance. · Mary explained that the ordinance to accept the codification would require the city to review and make sure the ordinances were properly inserted in the code boole Adminiatrative Assistant: · Resolution- Health Insurance o Perry stated that the resolution for health insurance with MMIA continues the city's relationship with the MMIA for employee benefits. o The union recently approved continuing the health insurance plan. · Park hours ordinance - "darkness" vs. specific time o City parks currently close from midnight to 6:00 a.m. o The police chief has said that mischief occurs between sunset and midnight. o Cal had previously suggested park closure times to be one-half hour at, er sunset to on~-half hour before sunrise. o Dick asked if it needs to be changed, whether public rights are being restricted, and if the majority of people would be penalized because ora few problem causers. o Discussion regarding enforcement of the current ordinance. · Chuck, who lives close to Murray Park, stated that there are many problems at~er dark and he is still waiting for ~ntcing and lighting to be installed at the park. · Kate agreed with Chuck, saying that the police need an enforceable tool. · Mark stated that vandalism costs the city money. · Doug agrees and also said that the police need a tool. o Mayor Olson suggested that the council put it on the next workshop. o An ordinance would be required to change the park closure times. 2 Council Workshop Minutes of June 13, 2006 o Jennifer wants the issue to move forward, as it is now the middle of June. o Doug mentioned the need to include a provision for special events. o The ordinance process is a long process and includes a public hearing and two readings. o Chuck suggested having the ordinance in place by the next daylight savings time. o Mark mentioned the need for an application form for use of the park facilities. o Mayor Oison stated that the last lease renewal with the American Legion was done in 1996. o The staffis reviewing the creation ora Park Board. · Recycle old computer equipment o Perry recently read an article in the newspaper regarding recycling old computer equipment in order to keep hazardous materials out of landfills. o There would be a charge for the business to accept old computer equipment. o Jennifer takes her old computer equipment to Computers for Kids. o Further discussion regarding places to donate or dispose of old computer equipment. · Resolution - schedule offecs and charges o Sam stated that an emergency ordinance was adopted by the council to approve the schedule of fees and charges. o The ordinance was revised to include verbiage requiring an annual public hearing with the resolution approving the schedule of fees and char~es. o Emergency Ordinance No. 006-03 expires on July 16"'. · Need to adopt on July 11th. · Public hearing needs to be June 20~'. · Cannot publish an ad for the public hearing in the Laurel Outlook before June 20 · Will have to publish the public hearing ad in the Billings Gazette. o Jenny has a pmblem with the fees for dog licenses, since there is no incentive to spay or neuter dogs. o Jenny has a problem with the fees for the library room and thinks that it is pmhi'bitive. · Doug said that the fee covers having an employee present when the room is rented. · Mayor Olson stated that the library is governed by the Library Board. · Mark requested that staffprovide information on how fees were determined. o The public hearing for the schedule of fees and charges will be on Tuesday, June 20th. · Resolution - approval for installation of dedicated T-1 line for video arraignment o Perry had no information to distribute. o When the video arraignment equipment was installed, it was recommended to have a dedicated T-1 line. · The city chose not to do so, and the current line has high traffic and causes problems with video arraignment. o Installation of the dedicated line is not expensive and it would cost $6,000 per year for service. · Question regarding how the cost will be paid. o Additional information will be presented next week at the council meeting. Executive review: · Resolution - Elk River Law Office contract o The resolution was removed from the council workshop agenda. 3 Council Workshop Minutes of June 13, 2006 Resolution - Administrative Assistant's contract changes: o The proposed changes to the contract include: · To allow the administrative assistant to use a city vehicle · To have more concrete verbiage regarding ICMA opportunities · To update the employee's address o Jennifer compared the situation to Red Lodge and commented that: · The contract should be reviewed annually, not every three yoars. · The Billings' city manager does not have use ora city vehicle, and Perry should not have a city vehicle. · There is a negative perception of the mayor's position in thc city. · The council should give input for the performance evaluation. · It should not be a self-evahiatinn and the merit increase should be removed from the contract. · ICMA- in Washington, D.C. · Perry will not travel out of the country. o Kate stated that it is unfair to compare Laurel with Red Lodge because Laurel's mayor is an elected, part-time official. · Her problem with having the review annually is that a new mayor might not have the necessary skills. · The city is covering itself by having an administrative assistant and there are clauses that allow for t~xldnation. o Chuck stated that running the city is just not a matter of somebody being put in there that has a lot of time and can run it. · The size of Laurel and the way it is expanding has been proven that it takes someone with expertise in other areas besides having time to be mayor but not know which direction needs to be taken. o Jenny mentioned the chain ofeommand in the City of Laurel. c~ Doug stated that the term of the contract does not need to be tweaked. · He would not want to work for a city with a one-year contract. · A clause for termination is included in the contract. · It is common within the business industry that you do a self-evaluation based upon what you and your boss have previously discussed. · Doug does not have a problem with the city vehicle. o Mayor Olson stated that the oldest pickup, which became surplus when the last two vehicles were purchased, would be designated as Perry's vehicle. o There was a lengthy discussion regarding the use of a city vehicle and including the vehicle benefit in the contract. · Jenny asked iftbe council wanted to elevate our administrative assistant higher than Billings' city manager and give him more benefits. · Doug understands that the Billings' city manager does not have a city vehicle. · The City of Billings is much larger and she has a much larger staffthat handles the emergency situations. · Ifa decision needs to be made on public works and Steve is not available, the decision falls on Perry. · If be cannot get to the location for lack of a vehicle, there is a problem, and Doug questioned who would make the decision. o Mary stated that someone who is qualified should make the decision. 4 Council Workshop Minutes of June 13, 2006 o o · Mayor Oison stated that, as a ceremonial mayor, there arc often decisions that the council does not know about that he puts his name on. · The election is coming up in three years, and the job is there for anybody who wants to be able to try and promote Laurel. Doug stated that sometimes it makes no difference whether or not you are qualified to make the decision when it has to be made. Discussion regarding valuation methods set out by the IRS - Taxable fringe benefit · Mark asked regarding the agreement with employees that have city vehicles. · Mayor Olson stated that they have to record their mileage and then it is a taxable amount, which is the same as what Perry will do. · Mary stated that a log is kept for IRS tax purposes because it is a vehicle that is easily identified as being a particular use. o The only ones that are not required to report everyday use are police department vehicles, which are exempt bemuse the chief and police department are virtually on call 24/7 and their vehicles are specialized vehicles. o The pickups are labeled as city vehicles but can be used for personal purposes and it is not restricted. o If it is used for personal nse, it is a taxable fringe benefit as far as the IRS is concerned. o The public works director, public utilities director, maintenance superintendent, and the building code inspector have been issued a vehicle at this time. o Some of them have opted not to take the vehicle home so they do not have to pay the extra taxes, and others have opted to use the vehicle for personal use. · Chuck asked if the majority of the city's employees with vehicles are on call 24/7. · Mary stated that the main justification for that is so they have a vehicle if they have to respond to a call; however, only the public works director and the maintenance superintendent are currently assigned on call and get extra pay for doing it. · Chuck stated that Perry has given the council his cell phone and home numbers end assured them that he is available 24/7. · Mayor Olson guaranteed that Perry is available 24/7. · Dick asked if that was called imputed income when the vehicle use is calculated. · Jenny explained the requirements for the company vehicle her husband used at his job, which had to be maintained in showroom condition. · Mary stated that the IRS sets guidelines on how to determine the taxable fringe benefit. * There are three different methods, including: o Based on the value of the vehicle, which is what is would cost to lease the vehicle from a dealership o A mileage calculation, which is the most common method and the city has opted to use. o The IRS mileage rate, which is 48~ cents per mile, is multiplied by the number of personal miles driven each month. 5 Council Workshop Minutes of June 13, 2006 · Kate stated that a good contract was draRed and she is happy with it. · Mayor Olson explained that the contract was a culmination between Nathan Tubergen, Paul Hurter, Sam Painter, and Mayor Olson. · The recommendation was taken to the committee, which consisted of Gay Easton, Doug Poehls, and Bob O'Dea, and it went through two different processes to produce the document. · Discussion regarding the services of Associated Employers of Montana and Paul Hurter · Mayor Olson and Perry have called Paul on occasion. · The city still belongs to the Associated Employers of Montan~ · Associated Employers is on retainer but the city does not use them for any special services any more. · The mayor's line item had a $20,000 consulting fee before the administrative assistant began. o There is still a consulting fee in the mayor's line item, but it has been greatly reduced. · Discussion regarding the rules for the use of playground equipment o Jenny mentioned that the rules in Billings are posted, as required by law. o Doug suggested allowing the Park Board to do this, ifa Park Board is created. · Resolution - accepting donation of playground equipment o Insurance coverage is required. o MMIA needs to inspect it. · Discussion regarding budgets for individual council members - Jennifer Johnson o Billings wants to do a pool. o Discussion to leave as pool o Some members of the current council cannot attend due to their jobs. o Jennifer does a good job representing the City of LaureL · Appointments: o Library Board (1) · A letter requesting appointment to the Library Board has been received from Laura Hickethier. o Tree Board (2) · Letters requesting reappointment to the Tree Board have been received fi'om Jennifer Johnson and Lois Markegard. o CC Planning Board (1 Mayor appointment; 2 Council appointments) · Letters requestio~ reappointment to the Planning Board have been received f~om Todd Linder and Dan Koch. · Still waiting for one more letter requesting reappointment from a current member of the board. · Discussion regarding who was mayor's appointment and who was council's appointment · Appointment: Yellowstone Conservation District Urban Supervisor - Marieanne Hanser o Mayor Olson stated that Mrs. Hanser is quite a lady. o Gay asked if the position has been advertised, as required by law. · Perry will check. The Conservation District meeting is tomorrow. Review of draft council aeendn for June 20~ 2006 6 Council Workshop Minutes of June 13, 2006 · Sam stated that the public hearing for conditional use required by ordinance and must be advertised twice. · Sam stated that, since the public hearing for the schedule of fees and charges is self-imposed by the city, two advertisements are not required. · The necessary revisions will be made to the council agenda. Announcements · Doug mentioned a concern regarding train horns and the need to request quite zones at certain crossings. · Chuck asked regarding the status of the fighting at Kids' Kingdon~ o Perry and Steve am investigating the options. · Question regarding lighting at Murray Park. o Larry is checking. · Jennifer mentioned that the Tree Board is working on the Tree City application~ · Jennifer updated the council regarding information received at MSU Bozeman about the mosquito trap and West Nile Virus. · Gay mentioned that Dr. Pat Clancy passed away on Sunday. o The council will send a sympathy card to the family. · Mayor Olson mentioned a breakfast meeting on Thursday, Sune 15t~, with Commissioner Ostlund, Bob Moats, Perry and Steve to discuss issues such as annexation of adjacent streets and water issues. Attendance at the June 20t~ council meetln~, · All council members will attend. Other items · Perry informed the council of a change order for $8,430.66 for the bike lane painting on East First Street fi.om First Avenue to Wyoming. o Mark said that the epoxy paint used for bike lanes is slick and has caused problems. o Mayor Olson asked if it would be covered when the street is chip sealed. · A meeting is scheduled with Big Sky Economic Development Authority on Thursday, Sune 15~, at 6:00 p.n~ in the council chambers at city hall. · Jennifer recently facilitated reconciliation between the Laurel Development Corporation and Big Sky Economic Development Authority with Commissioner Johns Ostlund's approval. o An open house for Solid Foundations is scheduled for Friday, June 16t~, at 10:00 a.n~ The council workshop adjourned at 8:58 p.n~ Respectfully submitted, Clerk-Treasurer NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 7