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HomeMy WebLinkAboutCouncil Workshop Minutes 12.12.2006 MINUTES COUNCIL WORKSHOP SEPTEMBER 12, 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 September 12, 2006. COUNCIL MEMBERS PRESENT: _x_ Dick Fritzler _x__ Kate Hart _x_ Gay Easton _x_ Jennifer Johnson _x_ Doug Poetfls x Mark Mace _x_ Chuck Dickerson _x_ Norm Stamper OTHERS PRESENT: Sam Painter Cai Cumin Mark Richards Jan Faught Paul Manning - YMCA Zada Stamper - YMCA 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 Paul Mannino: Billinon/Laurel YMCA Paul Manning is the Chief Executive Officer of the Billings YMCA. Paul introduced Anthony Monterrosa, who read a statement of why he likes the YMCA's activities. Paul introduced Zada Stamper, the new program director for the Laurel YMCA. Zada explained some of the YMCA's activities, including the 5th Quarter program at the high school altar home football games, Midnight Basketball, Kids in Motion, Mission to Mars Space Camp, the sports program, and the tutoring program. Zada thanked the council for its support of the YMCA. Paul gave a presentation on the recent change of leadership, the financial situation, and the mission of the YMCA. PhlDnin~ Board issues: Special Review recommendation regarding bar and casino in Town and Country Supply, 315 S. 1st. Cai presented the special review recommendation from the Zoning Commission regarding the bar and casino in the Town and Country Supply at 315 South First Street. The special review process is designed to look at proposed uses in areas to see if there are any issues, such as landscaping, access, or off-street parking, which should be addressed and made a condition of approval in the special review. This request has been reviewed thoroughly by the Public Works Department and the architect involved, and the parking, off-street parking, and entry-way zoning district setbacks have been addressed. The Zoning Commission recommends approval. One letter of protest was received based on the fact that no more bars and casinos are needed. Since these are licensed by the State, it is not an issue with which the city can deal. Council Workshop Minutes of September 12, 2006 · Zone change recommendation from Agriculture-Open to Residential Tracts, Brookwood Subdivision. Cai explained the location of Brookwood Subdivision on the map. Laurel's zoning jurisdiction usually extends out one mile. Because of the city limits, one mile splits this site; however, the applicant requested as per their application zoning for the whole quarter section. The Zoning Commission extended its zoning jurisdiction out the full quarter section of the subdivision. The Zoning Commission recommends approval of the zone change. Cai is working with the city attorney to prepare the ordinance for the council meeting on September 19th. Doug asked regarding water issues from residents of Little Dudes and Montana Meadows. Cai stated that the Planning Board reviewed the subdivision application and held a public hearing on the zoning and subdivision last week. The Planning Board delayed a decision on the plat because of missing information. The developers hired an expert to do groundwater analysis. They were not proposing to do groundwater recharge, but Cai was geared up to require it. He thought that people from Montana Meadows would attend, but only one person showed up. Pheasant Brook Subdivision, which is the same developer to the west, was required to install an extensive groundwater recharge area, which is working quite well The same things will probably be required as part of the conditions for approval of the Brookwood Subdivision plat, which would be a decision made by the county commissioners. A traffic accessibility study was done to determine the impact of 101 additional homes generating increased traffic on Seitz Ronan Road. The traffic accessfoility study, which was done by an independent third party, said there would be no impact. The study pointed out a problem at Seitz Ronan and the section of US 10 where it comes offthe overpass. MDT has taken four weeks to review the issue, and MDT's comments were not available for last week's meeting, which is another reason for the delay. A special meeting is scheduled for September 21st and Cai expects to have MDT's opinion by then. There is a line of sight problem at that intersection and even though the traffic accessibility study says it is not our problem, they are contributing to it. One problem is that the county commissioners do not enforce off-site improvements to address problems. In Governors Subdivision to the west, the DOT recommended installation of a leg turn lane on Main Street on US 10, but the county commissioners refused to do it. · Recommendation regarding extension of approval timeframe for preliminary plat for Cherry Hills Sub., 3rd. Cai stated that Gerald Neumann has requested an extension for the one-year preliminary plat. The State allows a one-year extension. Cai stated that extensions need to be put in regulations because it is an administrative item that does not have to go before the city council. The Planning Board's recommendation is that the council extends the subdivision plat for one more year. Doug asked regarding the bridge over the ditch. Cai explained that the bridge is part of the Elena Subdivision Improvements Agreement that will be addressed with a special improvement district, and that is in their contract with the city for approval. Haeeman Subdivision Cai explained that the council approved the Wal-Mart plat with a condition that Wal-Mart installs a traffic light at South Fourth Street and First Avenue South. As part of that approval, the Department of Council Workshop Minutes of September 12, 2006 Highways is requiring a right turn lane off First Avenue onto Fourth Street. The Amended Plat of Hageman Subdivision requires the mayor's signature. Cai will have the maps and Mylars at the council meeting on ~S~eptember 19th, and he requested that the item be placed on the council agenda on September 19 for approval of the mayor's signature on the plat. Wal-Mart is in the process of purchasing this land. Clerk/Treasurer: · 2006-2007 Tax Resolutions Since Mary was on vacation, Mayor Olson reviewed the tax resolutions. The resolutions include the 2006-2007 Final Budget, levying taxes, Light District No. 2, Light District No. 3, Special Improvement District No. 110, Special Improvement District No. 111, Street Maintenance District No. 1, Street Sweeping District No. 1, and delinquent water, sewer, and garbage charges. Jennifer asked if the city is again levying the maximum for the permissive mill levy for health insumnco. Mayor Olson stated that whatever is required to cover the cost of the health insurance will be levied. Jennifer asked if there would ever be a year that the city would not levy the maximum. Mayor Olson responded that he did not know if the year would come when the city is ahead of the curve for insurance. The next oppoxtunity for negotiation of the amount the city pays for health insurance would be in two years during union contract negotiations. Executive Review: * Resolution- Non-union employee wage increase The 3.5 percent wage increase for non-union employees would be retroactive to July 1st, and a 4.0 percent wage increase would be approved for fiscal year 2007-2008. The resolution will be on the council agenda on September 19th. · Resolution - Establishing Volunteer Ambulance Service compensation levels The increases in compensation are for the attendants, assistant director, office assistant, vehicle maintenance officer, training officer, and rig equipment officer. The resolution will be on the council agenda on September 19~. · Resolution - Change orders for East First Street project Mayor Olson asked Stephanie Seymanski, the project engineer from Morrison-Maierle, Inc., to explain the change order. Mayor Olson stated that Resolution No. R06-79 would be rescinded upon action of this change order and resolution. Stephanie explained that Change Order No. 4 was signed by the Mayor but did not get approved by council. Change Order No. 5 accounted for Change Order No. 4, which had been signed by the Mayor but not approved by the council. Change Order No. 6 will rescind Change Order No. 5, and the items will be addressed in Change Order No. 6. Mayor Olson asked if there were questions on the work change directives or change orders. 3 Council Workshop Minutes of September 12, 2006 Doug asked regarding Item 1, remove and replace soft spots in subgrade. He thought the engineering £mu and the contractor were supposed to work out who was responsible for replacing soil spots. He questioned if they determined that the city is respons~le for replacing soft spots. Stephanie explained that Item 1 addresses soft spots in Pennsylvania Avenue, which was addressed under Work Change Directive fi6. She suggested that Doug was thinking of another situation, which was addressed under the Time and Materials work in Item 5. Item 5 was the first lift on the side streets, and that is when there was some failure in the side streets as some yielding and pumping was occurring. Item 5 addresses that issue. Mayor Olson explained a previous discussion with Carl Anderson regarding soft spots. The amount of core sampling done was in a prescribed amount of square footage, and no soft spots were determined. The city elected the way to have core samples taken as one of the requirements in the scope of the project. The soft spots were not detected with the amount of core samples taken. At the meeting with Carl Anderson, Mayor Olson understood that the city would not be charged the full impact of the soft spots, but the city would be charged the difference between the amount of sampling taken and the amount of actual soft spots detected. In other words, the city would pay for the amount of core sampling required to find them and above that part of the core sampling of the soft spots, the subcontractor would be responsible. Doug asked regarding the damage caused by equipment on the street on the east side of the Marshall Apartments. The street was milled and resurfaced, but it was not in the scope of the project. The lot used by the contractor for staging of equipment was left in better shape than it has ever been at no additional cost. Communication between the contractor, star and mayor during this project was good, and communication with the council could be improved on future projects. Mark stated that the council has not heard the last about soft spots. Soil spots are Laurel's problem, not the contractor's problem. Mark asked Stephanie to explain the difference between when the subgrade is soil or the clay is causing the problem underneath. There were soil spots at the post office because Laurel's base is so pliable and soft. Stephanie explained that wet spots were encountered on East First Street. The condition of the streets was severely degraded and moisture was getting into the area as it was not a sealed surface where storm runoff would go into the gutter and disappear into the river. There was an instance on Colorado Avenue where a water surface was leaking. Through the course of the project, they revised the design section slightly and went with pit run under the design section, which held up better. It was a learning process and Stephanie thinks it was addressed adequately and the roads are good now. Gay explained that the street to which Doug referred is not by the Marshall Apartments, which are in the next block south (comer of Montaua Avenue and Main Street). It is the old Malcolm Hotel (the old Martin Apartments which burned down on Montana Avenue and East First Street behind Ricci's), rather than the Marshall Apartments. · Resolution - Vacate certain streets in the City of Laurel Mayor Olson stated that the resolution is needed to provide proper documentation for vacation of certain streets in the Wal-Mart plat that is on file at the clerk and recorder's office for the county. The resolution will be on the council agenda on September 19th. 4 Council Workshop Minutes of September 12, 2006 · Commitment letter increasing the sewer loan l~om $866,000 to $1,385,000 Mayor Olson stated that the bids received were substantially higher than originally anticipated. The city is looking at a commitment for $1.3 million, of which the city bas $500,000 in DNRC funding and $100,000 in TSEP funding. The remainder of the revenue source will be through the State Revolving Fund (SRF). The letter from the Department of Natural Resoum~s and Conservation indicates that the city qualifies for the loan for the sewer trunk line project, which is in Phase One of the Wastewater Feasibility Plan adopted in 2003. · Resolution - Approving Addendum to City Planner contract Mayor Olson explained the amount of moving expenses incurred by the current planner. The planner and mayor signed the addendum to the contract, which reimbursed the planner the amount orS1,000. If the council does not approve the addendum, it would be considered a loan to the planner and the employee would reimburse the money to the city through a voluntary payroll deduction. Mayor Olson recommended that the council approve the $1,000 for moving expenses for the planner. The resolution for the contract addendum will be on the council agenda on September 19t~. Chuck asked if there is a timefxame that Mr. Richards needs to stay with the city in the contract and whether the expenses would be reimbursed if the employee terminates employment in four to six months. Mayor Olson stated that would not be according to the addendum. · Ordinance - Amending the Judge's salary (First reading) Laurel Municipal Code requires that the judge's salary be increased through ordinance. The six percent increase for the judge is included in the budget. There was no salary increase for the judge last year, which explains the difference between the 3.5 percent increase for other employees and the 6 percent increase for the judge. The first reading of the ordinance will be on the council agenda on September 19'. · Ordinance - Hours for Kids Kingdom in Kiwanis Park (First reading) · Ordinance - Create a Park Board (First reading) The attorney prepared one ordinance to address both issues. The draft ordinance states that "the children's playground equipment commonly known as "Kids Kingdom" at Kiwanis Park shall close at dark and reopen at daylight." There was discussion regarding including the number of Park Board members and the meeting time in the ordinance. Mayor Olson suggested having three council members and four at-large members on the Park Board. Sam encouraged the council to review the draft ordinance and contact him with any concerns or suggestions prior to the first reading at the next council meeting. There was discussion regarding revising the verbiage regarding hours for Kids Kingdom to "sunset and sunrise". Sam will make the appropriate revisions to the ordinance prior to the first reading on September 19th. 5 Council Workshop Minutes of Sept~aber 12, 2006 · Letter of support to the County Commissioners - Replacement of bridge on the Big Ditch north of and adjacent to 12th Street and east of 5~ Avenue Mayor Olson read the draft letter of support. Yellowstone County will apply for and administer the CTEP grant and provide the CTEP match for the project. Laurel would own and maintain the crossing and related improvements once the project is completed. Gay stated that the second paragraph of the letter refers to the "need to widen 12th Street (which involves impeding on the south side oftbe ditch bank), and transfer by the County of the narrow strip of land adjacent to and east of the current bridge." He thinks it should be on the north side oftbe ditch because the way it is worded, it could be the narrow strip on the south side, and the county does not own that land. The narrow strip on the south side is privately owned. Mayor Olson stated that a revised letter would be prepared for the council's consideration. Doug asked regarding the water issue on 12th Street to the east of the bridge. Mayor Olson agreed that there is a water issue there with landowners and that is county property. When the bridge is addressed, we will try to find an equitable partnership to address that issue also. Ideas and options were presented at a recent meeting he attended with the county commissioners. The issue will probably not be addressed as quickly as the property owners would like. The bridge project will be done as soon as the CTEP funding is available to the county. The county would like the bridge and the ADA ramps to be installed. They are considering shunting the traffic to the west instead of coming down into 12t~ Street to take offthe egress onto the street fight offthe bridge. The commissioners would like Laurel to take ownership and maintenance of the bridge. The city will have input regarding the location of the bridge. · Transportation at the Montana League of Cities and Towns Conference on October 4~ Interstate Engineering has offered to provide bus transportation to Old Faithful for the President's Reception on Wednesday, October 4t~. At this time, Mark, Jennifer, Sam, Perry, Mary, and Larry plan to attend the conference. Review of draft council agenda for September 19~ 2006: · MDT: PH - Laurel Northeast (overlay) and Laurel Turn Lane scheduled for construction, 2009 MDT will hold its public hearing for this project during the council meeting on September 19th. This prejeet is a mill and fill on South First Avenue fi.om the interstate north to Main Street and fi.om that intersection to Mossmain. The city is currently contacting businesses that would be affected to detemfine interest in revenue sharing for infi'astmcture improvements. Ordinance No. 006-06: Ordinance amending Sections 12.08.070(A), 17.16.020, 17.40.090.J.2 and 17.56.040(A) of the Laurel Municipal Code, as recommended by the City Zoning Commission after public hearing and comment. Second reading. Ordinance No. 006-07: Ordinance amending the zoning map of the City of Laurel, Montana, to approve a zone change from R-7500 to Residential Limited Multi-Family zone for a recently annexed parcel of property to the City. Second reading. Mayor Olson mentioned that roll call votes would be taken on ordinances. Council Workshop M~nutes of September 12, 2006 The four Planning Board items will be added to the council agenda for September 19th. Announcements: Jennifer spoke regarding watering of the tree at Veterans' Park and the proper way to determine whether a tree needs water. The sprinkler system will water the tree when Veterans' Park can be watered. Jennifer explained the mosquito surveillance report, which she received from MSU-Bozeman today. There were no positive tests for West Nile in Yellowstone County; however, twenty-nine positive tests were made in Montana Jennifer thanked Steve and the crew for doing the work in Laurel. A planning meeting for Aviation Week is scheduled for Thursday, September 14th, at 8:30 a.m. in the Laurel Depot in the high school. There was discussion regarding the joint meeting scheduled on September 21~t. Mayor Olson has put discussion regarding setting dates for the meetings on the agenda for the joint meeting. All council members, except Dick Fritzler, will attend the joint meeting. Chuck stated that the lighting at Murray Park has been completed, and he recently called Larry McCann to tell him the lighting looks good. Norm a.qked that the council be updated more otten on the current status of projects in order to properly answer questions from the public. Mayor Olson emphasized the need for a rate structure study for wastewater. Gay explained the situation with a black bear in Riverside Park. The park has been closed so Fish, Wildlife and Parks can trap the bear. Dick mentioned thet Pat Bellinghausen of the Billings Gazette conducted an interview with the cemetery group today at 3:00 to gather data regarding the cemetery ballot issue. Attendance at the September 19m counell meetlno Dick Fritzler will not attend. Other items None The council workshop adjourned at 8:22 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. 7 HAGEMAN SUBDIVISION, FIFTH FILING BEING LOT 1A-1 OF AMENDING c~O.s. 1690 AND LOTS 19 & 20, BLOCK 15 OF HAGEMAN/~SUBDIVISION, THIRD FILING SITUATED IN TN[ NE1/4 OF SECTION r16; T. 2 S,, R. 24 E., P M.M IN THE CI~' OF' LAUREL, YELLOWSTONE COUNTY,, MONTANA PREPARED FOR :GRP, LLC. ~ :,i~!:~: SEF'IEMBER 2006 SCALE : 1 =40 r ; : , ~