HomeMy WebLinkAboutCouncil Workshop Minutes 08.29.2006 MINUTES
COUNCIL WORKSHOP
AUGUST 29, 2006 6:50 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at
6:50 p.m. on August 29, 2006. Council members met at the FAP building at 6:00 p.m. for a tour of
the fire equipment purchased with the $238,000 FEMA Grant.
COUNCIL MEMBERS PRESENT:
x Dick Fritzler
x Kate Hart
_x_ Gay Easton
Jennifer Johnson
_x_ Doug Poehls
_x_ Mark Mace
_x_ Chuck Dickerson
_x_ Norm Stamper
OTHERS PRESENT:
Cal Cumin
Mary Embleton
Perry Asher
Sam Painter
Tim O'Connell
Paula Saye-Dooper
Richard Feekin
Lyle Gabrlan
Chris Mehus
Chris Brink
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 will not take action
on any item not on the agenda.
· None
Clerk/Treasurer:
· Resolution- Permission to dispose of records
Mary explained the housekeeping item, which is a resolution to dispose of city records in keeping
with the city's retention schedule developed a couple years ago. The clerk's office is running out of
mom and needs to dispose of some records. Mary stated that Cathy Gabrian has done the majority of
the work for this project and publicly commended Cathy for her efforts.
The resolution will be on the council agenda on September 5th.
Adminiitrative Assistant:
· Momana Hydro Electric, Inc.
Perry stated that Montana Hydro Electric wants to do an experiment to generate electricity in the Big
Ditch. Perry asked the individuals present to introduce themselves.
The following individuals introduced themselves to the council: Paula Saye-Dooper, 911 Wyoming
Ay,hue, is one of the shareholders in Montana Hydro Electric; Richard Feekin, 3206 Zimmerman
Place in Billings; Lyle Gabrian, works for the Montana Department of Labor and Industry, at the
Billings Job Service Work Force Center, and resides at 3142 Zimmerman Place in Billings; Chris
Council Workshop Minutes of August 29, 2006
Mehus, represented Beartooth RC&D in Joliet; and Chris Brink, the Economic Development
Coordinator for Beartooth RC&D. Beartooth RC&D is a resource and conservation development
non-profit organization affiliated with the federal government through the Natural Resource
Conservation Service. Beartooth RC&D is a gap organization that fills in the duties and
responsibilities that other agencies do not cover by getting grants and government loan programs to
help with small business and community development needs. One of the recent projects in which
they became involved is planning the renewable energy project proposed by Dick Feekin. Basically,
it is old technology that has never really been fully developed. Montana Hydro Electric wants to
construct a small low-head hydro test unit at the corner of North 12t~ Street and 1~t Avenue to run tests
to determine how much power can be generated using the water fi.om the Big Ditch. Dick is working
with engineers to get his ideas and designs on paper and approved. They need a 10xl0 square foot
area to install a concrete pad and a test facility within the next month in order to have a couple weeks
before the ditch is shut off to measure the amount of horsepower that can be produced there. Once
they get that information and can troubleshoot poss~le problems that might arise with the machine
and moss and sediment, they will take the numbers to create a business plan. In the course of the next
six months, they hope to develop a good plan and have a group of investom to be able to enlarge the
project substantially next year. They asked for the city's permission to install a test device at this
location, run some water through it, and test the amount of energy that could be produced. From
Dick's preliminary numbers, it looks like there is a real potential. Ultimately, they would like to be
able to offer power to the City of Laurel and possibly put it on the grid. There are a lot of different
options in t~ms of distributing the power once it is put into the system. Dick has done some work
with Yellowstone Valley Electric and has a letter ofappmval fi.om them. They are very interested in
the project and would like to see it move forward. Chris stated that it is exciting to be involved in
some of the smaller scale electrical production possibilities, because Montana has coal, wind, and
water, and a lot of this region's energy is produced fight here in the state. A lot of surrounding states
are reliant on Montana As small communities, there are some opportunities to develop energy and
become less dependent on the grid.
Montana Hydro Electric approached the Big Ditch for permission. Initially, a couple of sites were
considered. One site was at the golf course because there is a larger drop there than in town. The
Ditch Company felt it was incumbent upon the landowner to give permission. The Ditch Company
has an easement for all the prepe~ty through their ditch, but a structure like this does not really fall
under that easement agreement. The Ditch Company is comfortable with the project, and Montana
Hydro Electric bas a letter that says they are willing to provide the water if the property owner is
willing to participate. The structure does nothing to impede flow through the structure or change
anything about the delivery of water through the system. It basically utilizes the water from point A
to point B in a localized location. Instead of allowing it jnst to run offand dissipate that energy at the
bottom, it would be run through a wheel to try to make power out of it.
Montana Hydro Electric was told that the City of Laurel owns the triangle property at the corner of
12t~ Street and 1st Avenue. Mayor Olson questioned that and stated that he was under the impression
that someone else owned it.
Montana Hydro Electric was working under the assumption that the city owned the property, but they
will research it further.
Dick stated that pmperty owners on both sides of the ditch own to the center of the ditch.
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Council Workshop Minutes of August 29, 2006
Gay stated that the property owner claims to own the "park" and showed the deed to Larry McCann.
Gay stated that the same individual owns the property on the north and south sides of the ditch at this
location.
Paula stated that they would find out and request p~mdssion from the property owner. They would
like to have the city's blessing before proceeding with the project.
Mayor Olson stated that a letter could be drafted for the council's consideration and approval.
Chuck requested that the council receive regular updates regarding the project in order to answer
questions posed by constituents. Paula agreed to provide updates regularly.
Mayor Olson stated that the council and administration are interested in innovative ideas like this and
encourages the opportunity for any type of investment into the community.
If the property is owned by the city, they requested the opportunity to be on the agenda to get
approval fi:om the council. If the structure is not installed before September 15th to allow a couple
weeks to try it out, it will be put off until next spring when the water comes back on and it can be
tested.
Mayor Oison stated that the item would be added to the council agenda on September 5*. If it does
not apply to the city, the item could be removed fi:om the agenda
There was a brief discussion regarding the diagram of the structure, which is basically the old-
fashioned traditional type water wheel with some new technology and design. It would be contained
within a steel box and would be fenced for safety.
Mayor Olson thanked the individuals for their presentation.
At this time, Mayor Olson stated that Jennifer Johnson notified him that she had to go to Colorado to
assist her brother with a medical issue.
* Resolution - Award bid for sewer trunk line
Pony stated that COP Construction was the low bidder. The bid came in low enough to complete the
whole project in PVC pipe. The bids received last fall were over $2 million. When the first bids were
received in 2005, pipe prices were unsettled because of Katrina and the bids reflected that. Norm
commented on the prices in the construction industry after Katrina, especially where PVC is involved.
The prices on PVC were radical, as shown on with the bids received for the sprinkler system in the
cemetery. They would not hold a bid for more than three days on PVC pipe.
The resolution will be on the council agenda on September 5*.
· Resolution- City planner contract
Perry stated that the new city planner has been selected, a contract has been drafted, and the
individual is scheduled to start work on Tuesday, September 5th. The city planner's office will be
located in the space currently occupied by the juvenile probation officer, Dave Ward, who is moving
his office to Billings this week.
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Council Workshop Minutes of August 29, 2006
Mayor Olson expressed appreciation for Dave Ward's service within the City of Laurel. As the city is
constantly cramped for space, the city's needs have to be addressed.
· Resolution - Extension of Treasure State Endowment Program Contract # MT-TSEP-PE-06-
335A, Preliminary Engineering Storm Water Grant
The resolution to extend the TSEP contract to October 1, 2007 with amendment (A) will be on the
council agenda on September 5a~.
· Status of lighting at Murray Park (Chuck Dickcrson)
Perry stated that the city is waiting on parts for the lighting at Murray Park. Regarding the fencing,
Larry wants to get a bid for fencing at the water plant, the reservoir, and the booster station at the
same time.
Chuck stated that this has been going on a long time at Murray Park, as he spoke to Larry McCann a
year ago and was told then that this would happen last year. It seems like it is taking a long time to
put lights up on a building.
Mayor Olson stated that the city is trying to get it done as quickly as possible.
· 2006-2007 Preliminary Budget presentation on September 5th
The Preliminary Budget will be presented at the next council meeting. Mayor Olson stated that the
budget took a lot of time and effort.
Executive Review:
· Appointments:
o Board of Appeals: Reappointments of Dick Clayton (l-year term), Marvin Carter (2-
year term), Bob Western (2-year term), and Miles Walton (2-year term) · The members have agreed to stagger the appointment terms.
· The appointments will be made at the council meeting on September 5~.
o City-County Planning Board: Council appointment (Deborah Homing)
· The council will make the appointment at thc council meeting on September
5~h.
· Task Force for Park Hours
Mark mentioned that he saw a structure similar to the Kids Kingdom in Kiwanis Park while he was on
vacation recently. He thinks the issue is what to do with that one facility versus all thc parks. It
makes sense to pass an ordinance for the structure because it has particular features and needs a
definite closure time. Mark asked Norm to speak regarding the recent Emergency Services
Committee meeting.
Norm explained that Chief Musson has recommended that Tim O'Counell, who lives across fi.om
Thomson Park, be contacted regarding the park hours. Norm and Tim recently discussed the issue of
park hours.
Tim O'Connell, 519 Montana Avenue, addressed the council. He talked about skateboarding,
particularly in Thomson Park, where he observes it otten. He thinks an ordinance is needed to keep
skateboarding out of the parks and the downtown area. Tim has been a captain on the police
department in Billings for 23 years and he knows the situation. Al~er the skateboard park was built,
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Council Workshop Minutes of August 29, 2006
an ordinance was passed in Billings to keep skateboarding out of the downtown area, and it works.
They no longer have the problems they did before, partly because skateboarders have a place to go
and the ordinance is in place. Skateboarders jump and ride a rail, which makes noise and destroys the
tables and benches in the picnic shelter. He knows that the city spends a lot of money on repairs for
the table tops and benches at the picnic shelter. The new park downtown is not skateboard fi.iendly
and was designed to keep the skateboards out.
Tim stated that the hours of the park is another big issue. The parks in Billings are closed from 10:00
p.n~ to 6 a.m. and it works very well. Tim stated that no one has any business being in a city park
atter 10:00 at night and that nothing good comes of it. If there is a Legion ball game, the ordinance
does not have to be enforced until the game is over. He thinks that 10:00 p.m. is a good hour to
enforce the ordinance, as opposed to trying to enforce it at midnight when the police department has
more calls on the street. He thinks that having certain hours for the picnic shelter and certain hours
for the park would be difficult for the police to enforce.
Tim explained another concern regarding lights in Thomson Park. There is one light in the Legion
field along first baseline that is real dim. The only other lights in the park are in the picnic shelter and
there are no streetlights along 6~h Street. The lights and the outlets in the picnic shelter get broken
every few weeks, and the city tries to keep them repaired. The lighting is a big deal, as lights are the
biggest deterrent to crime. The bathroom in the park is vandalized ot~cn, and a fire was started in the
men's bathroom last night.
Tim mentioned a few other things that would help in Thomson Park. It would help to make the area
that goes fi.om East 6~ to the high school so the cops could drive through there. In North and South
Parks in Billings, the police actually drive through the park at night. Tim stated that keeping the park
looking nice would help a great deal. He has lived across fi'om Thomson Park since 1990 and loves
living there. There are more good things than bad things and he did not want to just be negative about
it. He offered to help in any way with the situation in the park, the park hours, and the ordinance on
skateboarding.
Norm thanked Tim for his comments. Norm agrees with the recommendation of the task force for
Kids' Kingdom in Kiwanis Park. Tim and Chief Musson have both suggested closing the parks at
10:00 p.m.
Mark stated that the hours for the play equipment in Kiwanis Park shouM be a half hour before
sunrise until a half hour after sunset because there is no reason for anybody to be on the equipment
at, er dark. Signage for the hours would be visible for the police to enforce. The ordinance is the best
way to go for Kids' Kingdom in order to follow the change in seasons, as the equipment will be used
in the winter and in the summer and there are safety issues.
There was a lengthy discussion regarding having the same hours citywide for all parks and several
references were made to having a park board address the issues. Signage is needed for bicycles and
skateboards.
A draft ordinance for hours for Kids' Kingdom in Kiwanis Park will be presented at the council
workshop on September 12~.
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Council Workshop Minutes of August 29, 2006
Mayor Olson thanked the task force members for their work on this issue. Since there were several
references to the park board, he knows that a park board needs to be created soon.
· Update on Thomae Lumber
Sam stated communication with Stewart Kirkpatrick, Thomae Lumber's attorney, has not been
successful via e-mail. Sam will fax the draR permit to Stewart tomorrow end the process will
Pmceed.
Review of draft council agenda for September 5~ 2006
· Public Hearings:
o 2006-2007 Preliminary Budget
· Ordinance No. 006-06: Ordinance amending Sections 12.08.070(A), 17.16.020, 17.40.090.J.2
end 17.56.040(A) of the Laurel Municipal Code, as recommended by the City Zoning
Commission after public hearing and comment. (First reading - 08/01/2006)
· Ordinance No. 006-07: Ordinance amending the zoning map of the City of Laurel, Montena,
to approve a zone change from R-7500 to Residential Limited Multi-Family zone for a
recently annexed parcel o f property to the City. (First reading - 08/01/2006)
Cai Cumin stated that copies of his findings end conclusions were distributed to the council at this
meeting regarding the zoning ordinances. This is usually included with the Planning Board minutes
end becomes part of the public record. However, it went through the Planning Board as an
annexation and the findings end recommendations for the zone change were not submitted. This zone
change from R-7500 to Residential Multi-Family is requested for the McLellund tract with Ordinence
No. 006-07. Statute requires that the city consider several items and make it part of the record. Cal
will read the findings during the public hearing on September 5th.
Announcements
Mayor Olson commented on the tour of equipment given to the council by the fire department prior to
the council workshop. The fire department has very active people who do their job to the best of their
ability.
Attendance at the September 5th council meetin~
All will attend.
Other items
None
The council workshop adjourned at 7:48 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.
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MEMO
SUBJECT:
TO:
FROM:
DATE:
Findings and Conclusions Regarding Zone Change
Request for Tract B-1 Certificate of Survey 2385,
Amended Tract B (708 East Maryland-McLelland)
Laurel City Council
Cai Cumin: Laurel Planning Director
August 29, 2006
These findings and conclusions usually arc given to the City-County Planning Board as part of
their consideration of a requested zone change. However, this zone changc was part of an
annexation request, the findings were not specifically included as part of the consideration. Since
statute and case law require the local governing body (not the Planning Board) to consider certain
issues, the following is provided and needs to be a part of your considerations.
LEGAL COMMENTS
The Laurel Municipal Code (17.72.050 (G)) requires that, "The planning director shall report his
findings and conclusions in writing to the rezoning commission, which report shall be a matter of
public record."
State code (MCA 76-2-304) requires that local governments take into consideration daring
deliberations on proposed zone changes the 'Purposes of zoning': (1) Such regulations shall be
made in accordance with a comprehensive plan and designed to lessen congestion in the streets;
to secure safety fi-om fLre, panic, and other dangers; to promote health and the general welfare; to
provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration
of population; to facilitate the adequate provision of transportation, water, schools, parks, and
other public requirements. (2) Such regulations shall be made with reasonable consideration,
among other things, to the character of the district and its peculiar suitability for particular uses
and with a view to conserving the value of buildings and encouraging the most appropriate use of
land throughout such municipality.
SPECIFICS OF ZONE CHANGE REQUEST
The applicant has requested a zone change fi-om Residential Tracts to Residential Limited Multi-
Family (RLMF) for property located at the southwest corner of Alder Avenue and Maryland
Lane. The site is east of the planned Grace Bible Church and north-northeast of the new middle
school. The Planning Board has recommended approval of annexation of this property to the
City, the municipal boundary of which is adjacent on the west, south, and north sides; the
plnnning Board also recommends approval of the request zone change, and there were no protests
at the public hearing conducted by the planning Board.
The site is currently zoned Residential Tracts and has been part of that transitional land use area
around the City largely made up of such zoning. The property to the immediate west of the
application site is the site of the proposed Grace Bible Church; the property to the south is the
new middle school under construction; and the property to the cast is vacant both north and south
of 8~ Street. Between 8~ and Maryland east of the applicant site is the new Mogan Youth Soccer
Complex. To the northeast are single-family dwellings, and to the immediate north is The
Crossings complex planned by St. John's Lutheran Ministries; it is zoned Community
Commercial.
CONSIDERATIONS
In reference to '*purposes of zoning:" The proposed rczoning is not contrary to Lanrel's Growth
Management Plan (GMP) which does support higher densities within the areas of thc community
served by public systems such as water and sewer facilities. Thc proposed zoning will not impact
the existing street traffic adversely in that the streets, when completed, are designed to handle
much higher traffic flows than currently experienced.
The issues of "fire, panic, and other dangers" are adequately addressed by local emergency
service providers. Adequate light and air, the overcrowding of the land, and preventing undue
concentrations of population are not relevant issues, nor are anticipated impacts on schools, parks,
and other public facilities.
RECOMMENDATION
It is my recommendation that the requested zoning to RLMF be granted. This has gone through
the Planning Board with the same recommendation. This is a good area for more density given
its location adjacent to an elderly care complex (The Crossings) and also adjacent to the new
middle school. It is served well by City utilities and main streets (Alder and Maryland).
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