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HomeMy WebLinkAboutCouncil Workshop Minutes 05.08.2007 MINUTES COUNCIL WORKSHOP MAY 8, 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.m. on May 8, 2007. COUNCIL MEMBERS PRESENT: _x_ Emelie Eaton x Doug Poehls x Kate Ha~ x Mark Mace _x_ Gay Easton x Chuck Dickerson _x_ Vonda Hotchkiss x Norm Stamper OTHERS PRESENT: Sam Painter Jan Faught Mary Embleton Larry McCann Mike Zuhoski Del Henman Public Input (three-minute limit): Citizens may address the Council regarding any item of City business not on the agend~ The duration for an individual speaking under Public Input is limited to three minute& While all comments are welcome, the Council will not take action on any item not on the agenda. There was no public input. Ambulance Department: · Resolution- Ambulance bid Jan Faught stated that three bids were received for the new ambulance. Wheeled Coach submitted two bids, but neither one met the specs. Medtec turned in one bid that met all of the specifications required at a good price. Jan would like to accept Medtec's bid for the new ambulance. The Mcdtec sales representative will give a presentation at the council workshop on May 29th and the new ambulance will arrive on June 7th. The ambulance department is excited about the new ambulance. The bid price of the ambulance was $116,769, but Jan does not think the final price will be that high. The department plans to keep all three ambulances. The ambulance will be equipped to specifications and the markings and decals on the outside of the ambulance are included in the price. The ambulance will be equipped up to the ALS capabilities for Laurel's ambulance service and its one medic. The resolution will be on the May 15th council agenda. Planning Board: · Tcial~ormy Use Permit - Mo Cones - Next to Ricci's Convenience Store Council Workshop Minute~ of May 8, 2007 Mayor Olson read the resolution to approve a temporary use permit for Mo Cones for a proposed location at 704 First Avenue. The following conditions were requested by the Public Works Director and are listed in the resolution: 2. 3. 4. 5. 6. Applicant shall not utilize A-fi'amc signs; Applicant shall stripe a 12' no parking zone around structure; Applicant shall provide at least 2 parking spaces for its customers; Applicant shall provide at least 1 parking space for an employee; Applicant shall not utilize the public fight-of-way for any purpose; Applicant shall submit his/her building plans to the City Building Department for its consideration and approval to ensure the building/structure meets the appropriate standards for a commercial building prior to building/structure placement; and Applicant shall comply with the zoning regulations including, but not limited to, the requirement for a 10' setback th~m the property line. There was discussion regarding the recommendation of approval subject to the Public Works Director's conditions with clarification on the first and seventh conditions. Larry McCann explained that the ten-foot setback is a zoning requirement for every building unless it is located in the downtown business district, where there is zero setback. Regarding the first condition, Larry stated that the sign code does not allow freestanding A-frame signs. There was discussion regarding the Planning Board minutes and whether Mo Cones went through the correct channels two years ago. Larry stated that the city needs to look at this as a new application that has to meet city ordinances going forward. There was discussion regarding temporary use and seasonal use. Larry explained that the city does not have any provision for a seasonal use operation but only a temporary use, which expires every two years by code. Del Henman, 1433 Emery Plane, is the owner of Mo Cones. He asked for the council's vote and support in allowing him to reopen Mo Cones. He has received a lot of phone calls from people who are looking forward to it. He asked the council to consider some leniency on the $1,500 cash bond. If the council cannot waive it, he understands bureaucracy, but he again asked the council to waive it. If not, he asked for time to reopen Mo Cones and to come up with the money. Mr. Henman stated that he heard talk about setback. He had told Gary Colley that he plans to set the building in a parking spot at Vince's toward the end of the parking lot away from traffic. He is going to keep it as far away from the sidewalk as possible in that parking zone. It is a twelve-foot building and he is just not sure if it can be tm feet from the property line. He assumes it is a foot in from the sidewalk, which he said was not clear in the code. Mr. Henman said that the code states ten feet from the side-facing street, not the property line, so it is confusing. He will do the best he can to keep it as far away as possible. Norm asked if the fee is a separate issue fi'om the council's consideration of the resolution, and Mayor Olson agreed that it is. There was a question whether the fee is the same for seasonal and temporary. Sam Painter explained that there is one fee for temlJorary use permits. The city does not bare a seasonal use permit, only a temporary use l~mdt. The situation is not that this business totally breaks down and removes the building every winter. It is a teiiiporary use of the site for two years, so it is one fee. 2 Council Workshop Minutes of May 8, 2007 There was discussion regarding the $1,500 fee. The $1,500 bond is required to guarantee that city property, including curb, sidewalks, trees, etc., will be repaired to its original condition if the business owner leaves the property. If the business owner leaves the property in its original condition, the $1,500 is returned to ther~ There were questions regarding why the $1,500 was not submitted two years ago when Mo Cones originally located next to Ricci's. When Ricei's Express presented the plans for its new building, Mo Cones was included in the plans. Therefore, it was not part of that building process and a temporary use p~mdt is needed. There was additional discussion regarding the $1,500 fee and the reason the city assesses the fee when the building would be located on private property. Sam Painter stated that each application has to be examined on a case-by-case basis. The city is not really concerned about the relationship between the user, the permittee, and the landowner. The city is concerned about things like sidewalks, trees, boulevards, and that is the reason for the bond. There was discussion regarding whether a bond or a cash deposit is required. The teniporary use application states that the property owner shall post a fit~een hundred dollar ($1,500) money order or cashier's check with the City of Laurel ClerkYTreasurer. If tho council chose to do so, the ordinance could be changed to verbiage allowing bonding. The resolution will be on the council agenda on May 15th. · Commercial Variance - Ricoi's Express: Request to allow a relief from height restriction on gasoline canopy. Set public hearing. Mayor Olson read the resolution. Chuck asked that discussion r .e[garding changing the restriction on gas canopy heights from 25 feet to 30 feet be added to the May 29~" council workshop eganda. There was a lengthy discussion regarding: the heights of the post office, surrounding buildings, and the gas canopy; the mistake made with this canopy; the need to address problems; the suggestion to contact the City of Billings to find out its procedure; the reality that mistakes will be made and the city's need to review and correct issues so they do not recur; the adoption of the Uniform Building Codes several years ago; the use of the Billings Planning Board as a resource for Laurel; the judgmental error that mused the issue with the height of the gas canopy; and the need to review some of the rules and regulations, particularly the driveway approaches. Sam explained his view of the issue. When he read the minutes and talked to people, it became a debate of who did what, who acted first, who believed what, and who relied on what. He stated that the city's building inspector and Mr. Ricci tried to negotiate a way around a big problem and he thinks it has been done through the proper process. Instead of tearing down a canopy because of about a three-foot height increase, there is a legal way to do it through a variance. The city could have dug in its heels and tried to make Ricci's tear it down. Ricci's could have dug in their heels, sued the city, and said they relied on the city staff Sam thinks this is the proper way to go as it does not violate the city's zoning ordinance or the spirit of the zoning. As the city attorney, Sam recommended this action as the best way to solve this problem Council Workshop Minutes of May 8, 2007 The Planning Board held a public hearing on the variance request on May 3rd and another public hearing is not required by the city council. The resolution will be on the May 15th council agenda. Clerk]Treasurer: · Resolution - Closing documents for increase in SRF loan for the trunk line project Mary Embleton expla'med that a resolution is not needed for this itenz The mayor's and clerk's signatures are required on the documents Dorsey & Whitney is preparing to close the city's request for the additional $519,000 SRF loar~ The documents should be received on May 15th or 16t~ and closing will be on May 17th or 18t~. The additional $519,000 will be available for the city to draw for reimbursement. The contractor and the bulk of the payments have already been paid and the city relied on the SRF money for funding. The initial $866,000 SRF loan was completely drawn out with the combination of the East First Street and trunk line projects and the documentation is needed for the additional loan. No further council action is needed, but Mary wanted to keep the council Executive review: · Resolution - Resolution of intent to adopt a Schedule of Fees and Charges Mayor Olson said that the fire chief requested an addition to the schedule of fees and charges for $10 per hour per fireman for additional hours aRer the first hour of any response. Another issue is a $150 fee to inspect fireworks stands located outside the city limits. Sam explained that, in regards to the first issue, the ordinance that creates the fire department provides the authority for the fire department through city council resolution to charge standby fees, response fees, and a whole list of fees. The council approved a resolution (Resolution No. R03-114), so there are fees in effect. The previous action the council took under the ordinance (Ordinance No. 006-04) to establish one schedule did not affect that specific ordinance. The ordinance is valid and the resolution that was passed under that ordinance is valid, so there is no need for further action and there is no change in the amount of the assessment. Regarding the $150 fee to inspect fireworks stands, the Laurel Volunteer Fire Department learned that Billings, Lockwood, and other fire departments charge fireworks stands if they are located in their district. Sam is still reviewing this request to see if the statutory authority provides it for all fire departments or just full-time city fire department versus volunteers. Until that question can be answered, a resolution will not be presented. Mike Zuhoski serves as the president of the Montana State Volunteer Firefighters Association and Third Assistant Chief for Laurel Volunteer Fire Department. He stated that Helena West Valley charges the fee. He suggested that Sam contact the State Fire Marshal to find out the code and if Laurel could assess the fee. Mary questioned the need to add the $10 per hour fee to the schedule of fees and charges with the process established in the ord'mance (Ordinance No. 006-04) and whether the resolution approving the schedule of fees and charges states that it supersedes any and all other resolutions. Sam explained that this resolution that was passed by the council under that specific ordinance for the fire department does not conflict with the other charges. The ordinance section was not changed and Council Workshop Minutes of May 8, 2007 remains the same. All of the ordinances changed included specific charges for specific services and were changed to say adopted by annual resolution after public hearing. But this specific code section already had the language authorizing the city council to set the fees by resolution~ It is still valid and is not in conflict with anything. Sam stated that the resolution should be stapled to the current fee schedule and incorporated into the fee schedule at the next review. · Resolution - Fencing for Neumann/Elena Subdivision Booster Station Mayor Olson stated that this item will be on the May 29th council workshop agenda. · The Crossings - Trail Easement Agreement Sam Painter summarized the findings in his memo, which was distributed to the council His concern was the statute that supposedly provides an exception for city parks for recreational use if someone is injured and they do not pay a foe. When the presentation was made by Mr. Trost, Sam was not sure if that statute would apply to this situation and he is still not sure it would cover the city. The statute is clear regarding city-owned or city-leased property, but this situation would be neither of those. This is an easement or right-of-way. There have been a couple cases under this statute and they did not address that specific issue. Sam stated that he cannot be certain that the statute would protect the city. The second problem was the sample public bikeway/walkway trail easement agreement. The sample agreement provided by Mr. Trost contained a lot of "city shalls" and Sam had understood that there would not be a lot of "city shalis' for maintenance requirements and liability. Sam rewrote thc agreement as he understood it and asked the council to review the draft agreement. The city does not agree to do any construction in this document. The previous agreement contained a provision requiring the city to pay for damage to the path, which is not a good agreement for the city. Sam removed the provisions that were not advisable or worded them properly. This agreement is probably as close as possible to one he would recommend if the city wants to do this, which has not yet been determined. There was discussion regarding: the location of the proposed trail is on private property and owner could complete the trail without the city's participation; the fundraisers for the development of the trail; the need for further council discussion; the suggestion to fix the streets rather than participate in something that only a small percentage of the public would use; thc request for the easement; the need to encourage walking and how the trail fits in with the master plan for walking trails; and the suggestion to coordinate the council's discussion with a presentation by Darlene Tussing, who works with the City of Billings' trail system; Sam's request that the council compare the two agreements; and the suggestion to have The Crossings' representative review the draf~ agreement Sam prepared. The item will be on the council workshop agenda on May 29th for further discussion. · Update on Asphalt Supply Mayor Oison stated that the issue would be discussed at the May 29th council workshop. Council issues: · Stop signs on 12th Street (Council Member Dickerson) Sergeant Zuhoski stated that the police chief has the authority to recommend the need for stop signs or traffic devices in regards to public safety. Fourth Avenue is the only area on Twelfth Street that does not have a stop sign, and it is the chief's recommendation that a stop sign be placed there. In Council Workshop Minutes of May 8, 2007 Cherry Hills Subdivision, bom Ninth Avenue on, there are no stop signs on either West Maryland or Tweltth. More study will be done regarding Waffle issues in this area. Chuck thanked Sergeant Zuhoski and ChiefMusson for their work on this issue. · Spraying of parks (Council Member Dickerson) Larry McCann stated that the city is short on help right now but is attempting to spray the parks. Kurt Markegard attended school and has a sprayer's license now, which the city has never had before. A lot of responsibility comes with having the license, such as the wind cannot be blowing while spraying. Only one summer helper has been hired at this point. Larry explained the current projects, the need for more summer help, and the issues with the pay for summer help. There was discussion regarding past spraying practices in the parks and current requirements. · Update on Safe to School Ronte (Council Member Stamper) Mayor Olson spoke with Josh Middleton yesterday. The city is trying to satisfy the school's request to put in stop signs for the Safe to School route on East Sixth Street fi:om First Avenue to Washington Avenue and West Sixth Street from First Avenue to Eighth Avenue. This is the first step in the Safe to School Program. Additional items for the Safe to School Program will be done with grants in the next few years. Larry stated that the stop signs have been ordered and will be installed after school is out for the summer. There was discussion regarding the need for handicapped ramps and the storm water issues and culverts in the streets of the Safe to School route and the expenses to complete the projects. There was a suggestion to paint the area yellow around culverts that are sticking out in order to alert the public. · Street repair of East First Street by the church (Council Member Hotchkiss) Larry stated that the street repair will be completed soon. Larry will cheek out a street cut that was done by Snyder's. The sinkhole on 13th Street between Fourth and Fifth Avenues will be repaired soon. Other items: Mayor Olson stated that no applications were received for the planner position and the city will centinue to find the best way to address the need. Two Planning Board members have indicated that the services provided by the City of Billings are more than adequate at this time. Mayor Olson will meet with Commissioner Kennedy on Wednesday to discuss several items. Mayor Olson stated that the status of the administrative assistant will be updated soon. Mayor Olson stated that Dr. Ken Weaver and Judy Mathre will give a presentation on forms of government to the city council on May 22'~, at 6:30 p.m., at the Best Western. Review of draft council agenda for May 15~ 2007 The Arbor Day Celebration video will be presented under the Ceremonial Calendar at the council meeting on May 15th. 6 Council Workshop Minutes of May 8, 2007 Mayor Olson stated that the ap.~ointment of Scott Spina as an attendant for the Laurel Ambulance Service would be on the May 15~' coUncil agenda. Attendance at the May 15th council meeting: No discussion. Announcements: Doug Poehls stated that Aviation & Technology Week is going well. Chuck attended the open house at Ricci's Express last Friday and he stated that it is an asset to the city. Chuck mentioned that the council needs to RSVP by Friday, May 18t~, regarding attendance at the City-County Joint Meeting on Thursday, May 24t~, at 6:00 p.m. Norm has received three nice compliments regarding Veterans' Park, and he thanked the Public Works Department for their work. The coUncil will see a demonstration of the new patcher at 6:00 p.m. on Tuesday, May 15th. The council workshop adjoumed at 8:02 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