HomeMy WebLinkAboutCouncil Workshop Minutes 03.27.2007 MINUTES
COUNCIL WORKSHOP
MARCH 27, 2007 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.nx on March 27, 2007.
COUNCIL MEMBERS PRESENT:
x Emelie Eaton
x Kate Hart
_x_ Gay Easton
x Vonda Hotchkiss
_x_ Doug Poehls
._x_ Mark Mace
x Chuck Dickerson
_x_ Norm Stamper
OTHERS PRESENT:
Sam Painter
Mary Embleton
Jan Faught
Steve Klotz
Mark Richards
Rick Musson
Public IilDut (three-minute limiO:
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
Police Denartment:
· Appointment - Police Officer update
Chief Musson stated that the process for hiring a police officer. Twenty-six applications were
received, fourteen people were tested, and two individuals were interviewed by the Police
Commission, Chief Musson, Sergeant Zuhoski, and Officer Sauter. The Police Commission selected
James Huertas to fill the position. The background check is in process. James, who was appointed to
the Laurel Police Reserves in 2005, will be appointed by the mayor and sworn in at the council
meeting on April 17th.
· Resolution- Additions to the Laurel Police Department Policy Manual
Chief Musson stated that the department has had eleven policies, with the recent addition of the
Racial Profiling Policy. IVlMIA, the Montana Association of Counties, the State of Montana, the
Montana Association of Chiefs of Police, the Montana Sheriffs and Peace Officers Association, and
the Montana Police Protective Association review policies in the State of Montana that would be
advantageous for each police department to adopt. Chief Musson brought the old policy for review if
needed. Legal staff reviewed the document and made a few changes. Chief Musson recommended
approval of the sixteen policies at the April 3ra council meeting.
Six-hour taser training classes will be held on April 9* and 12th. Three certified trainers in the Laurel
Police Department will teach the classes.
The resolution will be on the April 3~ council agenda.
Council Workshop Minutes of March 27, 2007
Plannin~ Board issues:
· Ordinance No. O07-01: Ordinance to repeal the current Chapter 16 of the Laurel Municipal
Code and to replace with the attached revised end updated Chapter 16 in order to comply with
the mandatory changes adopted by the State of Montana Legislature. (First Reading -
03/13/2007; PH - 04/03/2007)
Mark Richards thanked Sam Painter and his staff for reviewing end preparing the subdivision code.
Without their help, it would have taken much longer to complete the project. Mark stated that it is a
totally sufficient document at this time pending future legislation~
There was a brief discussion regarding subdivisions approved prior to the adoption of this ordinence.
Issues approved by the Planning Board end/or City Council prior to the adoption of this ordinance
will be grandfuthered ~
Public Works Denartment:
· Ordinance - Building Standards Program
Steve Klotz stated that the ordinence will adopt updated codes for the Building Department. It is still
the International Conservation Code. As the State of Montana adopts new editions, the city is
required to update its cedes to be consistent with the State and there are minor changes every year.
Steve stated that some other changes will come forward as en Executive Order, which is allowed by
ordinance and makes the process faster. The first reading of the ordinence will be on the council
agenda on April 3~d.
Public Utilities Department:
· Resolution- Task Order No. 13, Morrison-Maierle, Inc.
Mayor OIson explained that Task Order No. 13 relates to the mandatory renewal of the City's
MPDES Discharge Permit for the Wastewater Treatment Plent. The resolution will be on the April
3~d council agenda.
Executive Review:
· Cable Communications Franchise Ordinence
Mayor Olson stated that the Budget/Finence Committee has discussed the draft cable communications
franchise ordinance several times. The committee felt comfortable presenting this draft ordinence to
the council. The draft ordinence is lengthy, end Mayor Olson asked the council to review the
document. The draft ordinance will he on the council workshop agenda on April 10t~ for further
council discussion. The language of the ordinence has been adopted by other cities in Montana.
· Resolution - Amendment to the Emergency Operations Pien for Billings, Laurel, Broadview
end Yellowstone County
Mayor Oison explained the amendment to the Emergency Operations Plan. Chief Mnsson brought
the complete document, which will be available for review in the Clerk/Treasurer's Office. The
document addresses the local emergency planning for the area around Yellowstone County, and this
resolution is needed to adopt the amendment to it.
The resolution will be on the council agenda on April 3, 2007. The amendment was brought to the
city's attention through LEPC (Local Emergency Planning Committee) and DES Director Jim Kraft.
The same amendment has also been adopted by other agencies that are involved in LEPC.
Council Workshop Minutes of March 27, 2007
· Resolution- Fencing for Neumunn/Eleua Subdivision Booster Station
Mayor Olson explained the small contract with Mr. Neumann on the Eleua Subdivision Booster
Station, which was not required in the Preliminary Plat approval. The original plan was to use gravel
and chain link fence. Mayor Olson stated that this is an opportunity to negotiate a better looking
booster station by partnering up with Mr. Nenmunn. Although it will cost the city some money, it
will appreciate the value to the city. Mr. Neumaun has agreed to the contract verbally and will review
it around the middle of April. The contract and resolution will be presented to the council in April for
final approval.
· Resolution - RFP for Engineering Services
Mayor Olson explained the resolution for RFP for Engineering Services. A boiler plate RFP was
received from DEQ and staffhas incorporated some recommendations into it. This will allow the city
to contract a firm for services on a yearly basis and not have to go out for RFP for every engineering
service. So far, thirteen task orders have been used with the current engineering firm. This will allow
the city to go out for competitive bids again.
There was discussion regarding the large scope of services, whether the RFP would deal with multiple
engineering companies, the need to qualify and quantify the expertise of the engineering firrus, and
the ability to go out for a RFP on an individual project.
The resolution will be on the April 3ra council agenda.
· lO0-Year Celebration Donation
Mayor Oison stated that a group of people sponsored by the Chamber of Commerce and comprised of
several different facets of the community is working to formalize the 100~year celebration. Mayor
Olson asked for the council's consideration to allow him to use some of the mayor's budget to help
with postage and other expenses for the celebration. There will be several events for the 100-year
celebration, and the committee will coordinate the events. The Chamber will also contribute to the
expense of mailings for the event. In conjunction with the centennial celebration, an all-class reunion
is being discussed.
· 4th of July Committee Report
Mayor Olson stated that the committee has had two meetings and the same events are planned. The
Chamber of Commerce is in contact with the Wing Dingers, who will have their annual rally in
Billings over the 44 of July. It is expected that mere than 3,000 motorcycles will come through
Laurel during the 4~h of July celebration.
ChiefMnsson stated that it is difficult to put motorcycles in a parade because of the slow pace. It has
been suggested that the Wing Dingers have their own parade. At the last 4th of July Committee
meeting, it was discussed to have the Kiddie Parade at 10:00 a.m., a Gold Wing Parade at 11:00 am.,
and the Grand Parade at 12:00 noon. The committee also discussed parking issues for the Gold
Wingers. Suggested parking areas include the Cenex parking lot at the refinery, the Avanta parking
lot, the Yellowstone Bank parking lot, and the city parking lot. There was also a suggestion to block
offFirst Street, from First Avenue to Second Avenue or farther, for bike parking. That would keep
the bikers in town on an easy path to the park for the festivities.
Council Workshop Minutes of March 27, 2007
There was discussion regarding the street dance and cleanup issues. Norm Stamper asked regarding
vehicle parking on the parade route. Rick stated that the police department has never dealt with the
issue and the department does not have the manpower to do so. The city could review the possfoility
of keeping the parade routes clear of vehicles. There was further discussion regarding throwing candy
from parade vehicles, children darting into the street, and company vehicles driving in the parade.
The committee will address some of the issues regarding the parade.
· Storm water issues
Mayor Olson read information fi'om pages 12-13 of the City of Laurel's Storm Water Preliminary
Engineering Report regarding the 100-year and 500-year floodplain in the city. He emphasized the
following statement: "The extremely large value of property located in the city limits that is located
in the flood plains reaffirms the importance of community-wide storm water planning." As Laurel
continues to develop and more of the land that used to absorb water has created nmofg the runoff
deteriorates the infrastructure. Mayor Olson stated that he does not want the PER to sit on a shelf,
and he empha.qized the need for the council to aggressively address a way to mitigate the city's storm
water runoff. It needs to be addressed through a comprehensive plan and funding mechanisms are
needed to address the storm water problem in the community. The storm water issue and
consideration of the formation of a district will be discussed at a future council workshop. Mayor
Olson will direct the staffto give attention to the issue.
There was further discussion regarding the ditches, drainage issues, the need for a definitive
agreement on the beginning points of the Italian Ditch and the Laurel Drain, the effects of this issue
on the Eighth Avenue project, and the rights of the ditch companies.
· Council issues
o Clarification of ward boundaries (Council Member Mace)
Copies ora legal opinion were distrfouted to the council. Mark asked regarding the statement that the
"districts must be equal as practicable". Sam stated that the city is mandated to use information
provided by the federal decennial census, which is in 2010. Mark Mace mentioned that the City of
Billings frequently adjusts its ward map boundaries by ordinance. Mayor Olson asked Mark to get
some information regarding the process used in Billings.
Mark Richards stated that the new boundaries for the city limits will be drawn after the 2010 census.
The ward boundaries will be recalculated based on the census blocks of each ward, and the ward
boundaries will be adjusted accordingly.
There was discussion regarding voter information and notification of voting locations. Several county
dep~uht~ents, including the Election Department, are notified of aunexations to the City of LaureL
· Maps (Council Member Dickcrson)
Steve Klotz's explanation regarding the public zoning of the Laurel Golf Course was distn"outed to
the council Chuck Dickerson stated that the public can join the golf course by paying the fee, but
then they become part of the private area. He thinks that is still not a public area that just anybody
~ walk on.
· Garbage in alleys/streets (Council Member Hotchkiss)
Vouda received the contact information for Bright 'N Beautiful today, and she will contact the
individual Vonda stated that residents are cleaning up yards, but businesses should take care of the
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Council Workshop Minutes of March 27, 2007
alleys, too. Larry Tanglen mentioned that there would be an article in this week's Laurel Outlook
regarding involvement of the Laurel Federated Women's Club in the Bright 'N Beautiful effort.
· Cemetery (Council Member Hotchkiss)
Mayor Olson stated that the department heads involved with the cemetery will coropile information
regarding the cemetery. Vonda stated her previous question regarding a memorial place for
cremations to honor a person's birth, life, and death. Steve Klotz explained that staff and the
Cemetery Commission are compiling information to prepare a comprehensive cemetery plan and to
coordinate it with the proposed county veterans' cemetery. The next budget will include money for a
comprehensive plan. The Cemetery Commission and staffwill provide input, and Steve stated that
Vonda's suggestion could be incorporated into the plan. The draft will be presented to the council for
review, and public comment will be received.
Mayor Olson stated that a master plan is needed, whether for parks or the cemetery, in order to invest
the money prudently.
· Update on plans for reconstruction of Aldcr Avenue (Council Member Stamper)
Mayor Olson stated that the issue was discussed at today's department head meeting and several items
were brought forward. Repair of Alder Avenue will not be done until after completion of the project
at the Middle School. He stated that there are monies that have been set aside that are obligated for
street reconstruction.
Norm Stamper asked regarding the county's offer to reconstruct the street if the city took ownership
of it and the city's annexation of Alder Avenue to the center line.
After the city annexed Alder Avenue to the center line, the county informed the city of prior
legislation requiring the entire street to be annexed. The paperwork to do so has not yet been
Norm asked regarding the intersection of Alder Avenue and Maryland Lane, which is a little skewed.
When driving south on Alder Avenue and turning west on to Maryland, a vehicle almost tums into
oncoming traffic to make the comer. He questioned if the intersection is in the county.
Steve explained that, when the city annexes a property that is adjacent to the road, it has to take the
whole street. He thinks that Alder Avenue and Maryland Lane is a shared intersection with the
county, as the northeast portion is in the county. The issue would be addressed by clear vision, which
the county has as well. Steve is not sure if it is an alignment problem. There are some structural
problems at that intersection that need to be addressed. The city would have to decide that the
intersection is a priority and address it with city funds or nothing will be done.
There was discussion regarding the utility cuts in Alder Avenue by Iron Horse Station Subdivision.
Steve explained that the subdivision has a warranty period on the entire subdivision for settling and
some of that has happened in Iron Horse. The city controls the utility cuts with a permit to work in
the right-of-way for utility cut. When the area settles, the city asks whoever received the p~m~it to
address the issue. An extension of time is given to allow repair of the utility cut in the summer when
the hot plant mix is available.
Council Workshop Minutes of March 27, 2007
There was further discussion regarding annexation of Maryland Lane near Iron Horse Station
Subdivision and the open channel ditch at the northwest comer of Maryland Lane and Alder Avenue.
Emelie Eaton asked regarding funding to repair the part of Alder Avenue damaged by construction at
the school.
Steve stated that he does not know of any money specifically set aside for the repair of Alder Avenue.
When Iron Horse Station Subdivision went in, a sewer line was installed down Alder Avenue. The
developer is responsible through the right-of-way permit to return that to the existing condition. The
developer, Marvin Brown, has not brought that up to existing condition at this point but has indicated
that he is willing to participate in it. He would prefer to have his money go to a total reconstruction of
the street. As far as Steve knows, that was done with Larry McCann on the sewer line and Marvin
Brown is still willing to do that. The decision on whether to bring it back to the existing condition or
to complete a total reconstruction still needs to be made.
There was further discussion regarding the use of and damage to Maryland Lane, Alder Avenue, and
Washington Avenue.
At this point, Mayor Olson cautioned the council to be cognizant of the fact that staff is prepared to
answer questions that are pertinent to the agenda. Staff may not be prepared to answer questions
regarding other issues, and he encouraged the council to keep this in mind.
· Update on South Laurel Business District and StaffProjeet Meetings (Alderman Poehis)
There was discussion regarding the storm water issues, street improvements, and possibility of
forming an SID for the south Laurel business area. The staff project meetings are focusing on the
Eighth Avenue, West Main Street and South Laurel projects. Staff is working on the projects and
further information will be compiled regarding the creation of an SID.
· Space/building issues (Alderman Dickerson)
Chuck Dickerson recommended a resolution for RFP for architectural services to review the space
and building issues.
Gay Easton mentioned that a needs assessment was done in 2001; however, property, additional
positions, and the mold issues were not addressed in the needs assessment. Mayor Olson stated that
input is needed from the staffand council, and adequate time is needed to address the issues.
· Other items
Vonda identified a dangerous area near the soccer field at Fir and Elm Avenues where children are
riding bicycles off a trail onto the street. Mayor Olson stated that staff would look into this and
provide a recommendation.
There was discussion regarding the truck mute signage posted at South 5t~ Avenue and Railroad
Street West. Several complaints have been received about tracks coming through that area The city
put a temporary halt on it by putting up signs. Since then, questions have been raised as to whether or
not the city has the proper ordinance in place to do so. The attorney reviewed the ordinance, and the
conclusion is that the ordinance lacks substance, is not clearly defensible, and needs to be revised.
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Council Workahop Minutes of March 27, 2007
Sam explained that the city's ordinance states that a truck delivering within the city has to use the
main thoroughfare or the truck routs However, trucks are coming into the city using the truck route
somewbut, but then they deviate from the truck route. The trucks are damaging another street that is
not a truck route. The argument is that they are not making a delivery within the city and are not
subject to city ordinance. Sam will review the ordinance and a proposal will be presented to the
council.
Rick stated that this is a major issue for law enforcement. This Ordinance revision is not old but is
fairly new within the last year. Law enforcement has an ordinance on the books, interprets the law,
and is asked to not enforce that law. He stated that the issue needs to be expedited.
Sam will review the issue further and pre. are a recon~nendation.
Review of draft council a~enda for April 3~ 2007
Kate stated that a Park Board meetin_g is scheduled for Thursday, April 5tu, at 5:30 p. ro. and should be
added to the Dates to Remember on the council agenda.
Mayor Oison stated that the public hearing of Ordinance No. O07-01 is scheduled for April 3rd.
According to council procedures, the first reading of an ordinance is adopted, the public hearing is
scheduled at another council meeting, and the second reading is scheduled for the following council
meeting. If the council chooses, the council could vote on the second reading of the ordinance at the
April 3ra council meeting.
Attendance at the Al)rtl 3r~ council meefin-
All council members will attend.
Announeement~
The council workshop adjourned at 8:24 p.rm
Respectfully submitted,
Cindy Allen
Council Secretary