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HomeMy WebLinkAboutCouncil Workshop Minutes 01.29.2008 MINUTES COUNCIL WORKSHOP JANUARY 29, 2008 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.n~ on January 29, 2008. COUNCIL MEMBERS PRESENT: _x_ Emelie Eaton _x_ Kate Har~ _x_ Gay Easton _x.. Alex Wilkins _x_ Doug Poehls _x_ Mark Mace _x_ Chuck Dickerson Norm Stamper OTI~RS ~RESENT: Sam Painter Mary Embleton Bill Sheridan Jan Faught James Caniglia Mike Zuhoski Scott Wflm Will Guenthner Public lnnut (three-minute limit): Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual spealdng 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 agend~ Laurel Ambulance: · Appointment of Lisa McDowall as an Ambulance Attendant Ambulance Director Jan Fanght stated that Lisa McDowall was unable to attend this meeting. Lisa is a RN at St. Vincent's Hospital and has experience in the medical field, as well as an EMT. She worked with Miles City Fire and Ambulance for a short time and she is looking forward to volunteering her time with us. We are lucky to have somebody like her. The appointment will be on the February 5th council agenda. Presentation bv Lie. htNex Communication.~ Jeremy Stricker and Brock Williams attended the council workshop to give a presentation on LightNex Communications. Jeremy distributed copies of the PowerPoint presentation to the council. Brock stated that LightNex Communications, which is a competitive telecommunications company, was founded in 2002 as a spin-off from a computer sofiware/lnternet company and a real estate development company. The company is locally owned and operated and has its corporate headquarters in Billings. LightNex Communications offexs traditional telephone service, cable television, and ultra high speed Internet access. The company has a 100 percent fiber-optic network which provides fiber all the way to each customer's home or business and has incredible bandwidth available. LightNex owns its own network and is future proof and reliable. Brock explained that fiber optics is a very thin glass strand that transmits data as pulses of light and can carry multiple wavelengths of light each with a separate data stream. Brock stated that fiber provides better speed, is immune to interference, no amplification is needed, and the speed and quality of service is the same at Council We~kshop Minutes of January 29, 2008 any point on the line. LightNex Communications plans to overbuild the City of Laurel with a fiber- optic network. They will place conduit and cable underground throughout the city with construction using w'bratory plows, trenchers, and directional drills. This will minimize the impact on residents, alleys and roads. Construction will start in April 2008, and the first services should be available in August 2008. The estimate for completion of the overbuild of the "core" city areas is two years, with the timeline depending on customer demand, weather, and other poss~le issues. A resolution for a franchise agreement with LightNex Communications was under Executive Review on the council workshop agenda for further discussion. Sam stated that the one remaining item of discussion regarding the franchise agreement is the payment of the franchise fees and when the fees actually start as there will be no revenue during the overbuild until they start to sell service. Thc language is being refined and should be done on Friday. Fire Denartment: · Resolution- Accepting the bid for the Water Tender Vacuum Truck Fire Chief Scott Wilm asked Assistant Will Guenthner to explain the status of the new truck. Will stated that the department requested bids for a fire rated vacuum tanker, and one bid for $137,500 was received. The department decided to purchase a vacuum tanker because the other tender was taken out of service due to mechanical issues. With the growth in outlying areas, the needs of the fire districts, and the availability of thirty-two dry hydrants, the vacuum tanker would provide a way to speed the process of deiivering water to a scene. Will mentioned some information, entitled "Why Vacuum?" that he had distn'buted to the counciL The information deson'bed bow a regular pumper, which would be needed at one of the dry hydrants, is only 70 percent efficient if the right person is running the engine. An engine is tied up, a person is needed to man the engine, and someone has to drive a tanker to the scene. Only one person is needed with a vacuum tanker, although two is better. They hook up to the dry hydrant, pull the load, and return to the scene. So instead of having two pieces of apparatus tied up, there is only one with one man. Since the city has a volunteer fire department, the response time is dependent on who can respond. This truck would fulfill a need that happens with iow manpower and is the benefit of this truck. Also, the flow rates are twice that which is available from anything else. Will contacted two entities about the truck, and these two departments will not purchase anything else after using these trucks. This is a used chassis, but Will said that Detroit Diesel had no issues with the truck with the mileage that it has. The tank is new and will have a full wan'anty on it. The manufacturer is warranting the body and has supplied new tires, new batteries, oil analysis, all new drop tank, new fittings, and new connections. The original price was listed as $156,000, so $137,500 is a good deal There was some discussion. Mayor Olson stated that this would be the only vacuum truck in Yellowstone County. With this truck, the fire department's efficiency rating should be increased. The fire department is looking for ways to increase efficiency and provide service at the best price available. Mayor Olson thanked Scott and Will for their presentation. The resolution will be on the February 5th council agenda. Public Works Department: · Presentation of proposed westewatcr project Bill Sheridan stated that the presentation would be rescheduled to the council workshop on February 12a~. Council Workshop Miau~es of January 29, 2008 · Resolution - Great West Engineering, Inc. Task Order No. 5 for Grant Administration for Phase II Wastewater Improv~nents Bill Sheridan ask~ Chad Hanson and Patrick Murtagh, Great West Engineering, to present the task orders to the council Chad Hanson is Project Manager and Patrick Murtagh is Sonior E~gineor. Chad Hanson stated that Great West Engineering has a contract with the City of Laurel to complete various tasks without going through the request for proposals process. Task Order No. 5 for $64,500 relates to Phase 2 oftbe wastewater improvements. Great West provided the grant administration on Pb. me 1 of the project, and the engineering, design, and construction administration was done by Morrison-Maierle. The Public Works Department asked Great West to provide grant administration on Phase 2. The proposed task order was attached to the draR resolution. Chad stated that grant administration is typically figured on a percentage of the total project cost and would be 1.9 perceaX for a project over $3 million. It seemed excessive so Ore,at West lowered it to 1.5 percent. Chad stated that Phase 1 is near completion and is well under budget. He hopes it would be the same for Phase 2. Startup needs to be in place by June 1't for TSEP or the grant would be lost. The resolution will be on the council agenda on February 5*. · Resolution - Great West Engineering, Inc. Task Order No. 6 for submittal of TSEP grant application for Water Plant/System upgrades Chad stated that Morrison-Maierle completed a Preliminary Engineering Report (PER) for the city's water system improvements, reviewed deficiencies in the water systen~ alternatives to address those, and necessary improvements. Bill recently asked Great West to review the PER because some oftbe city's priorities have changed. Task Order No. 6 includes: an addendum to the PER addressing updated priorities and a detailed analysis of required storage; preparing grant applications to TSEP and DNRC and a loan application to the Drinking water State Revolving Fund; a hydraulic model of the city's water system; preliminary and final design phases; bidding and construction phase; post- conatmction phase; and additional tasks. The total compensation for the services would not exceed $399,750. Water and sewer rate studies will also need to be completed. Bill added a comment in reference to Great West Engineering's work. When Bill spoke with the engineers recently, he was concerned about the possibility of providing additional water service in various areas of the community. He brought to their attention the need for a large storage facility in the community. At that time, the engineers explained that water is being lost and wasted, so the city and the engineers are going to pursue improving the situation. Perhaps in 2010, the city may need to address providing an additional reservoir or storage facility of less than a million gallons. · Resolution - Engineering, Inc. amendment to contract for the Library parking lot Biff stated that about $30,000 was allocated in the budget for improvements to the library parking lot. Bill, the h~orary staff; and the engineer looked at the parking lot, the rear of the facility at the alley, the shaping of the alley and the pavement of the persormel parking spaces. Additional engineering is needed to address storm water issues for the facility and to have Engineering, Inc. make sure that water drains fi'om the parking lot, that the employee parking spaces are correct, and that the alley behind the facility is done to ensure that water drains away. Because of the water table, it is not poss~le to put a French drain or some type ofdr',finage system in the parking lot and the water cannot dump into the street in front. Tho additional cost of 1,629.60 is needed to ensure that the engineering and construction are done right. 3 Council Workshop Minutes of January 29, 2008 Mayor Oison stated that the additional cost will be considerably under the CIP allocation for the parking lot, and the funding is in place for the increase. · Discussion - Snow removal policy Bill distn~buted a document that has been the city's snow removal policy. Although it provides some direction as to where the city will plow and remove snow and where it will just plow snow, it is not sufficient for a snow removal policy. The public works staff is working on a policy that should be available next week. The objective is to do a better job than was done recently and to provide the best snow rem~vai policy poss~le. Bill stated that the equipment may need to be reconsidered and revamped. Bill stated that the policy should be available soon and he hopes th. at a better job will be done about dealing with snow in the future. Plannimt Board: · Ordinance- Annexations James Caniglia reported that the proposed annexation ordinance includes the state policy in Montana Code Annotated. The city's annexation policy is almost complete and will be specific to the City of Laurel's needs regarding development agreements for annexations. That includes engineering costs completion for curb, gutter, and sidewalk. The first reading of the ordinance will be on the February 5th council agenda. Clerk/Treasurer: · Resolution - Memorandum of Understauding with Beartooth RC&D Mary Embleton stated that the MOU with Beartooth RC&D is an annual memorandum. Beartooth RC&D is an outsource and research company and has helped the city with various issues. They are asking for Laurel's support for about $1,400. They also get support from other communities. Beartooth RC&D provides the First Time Homebuyer classes and was involved in the city's needs assessment that was done last year. The resolution will be on the February 5th council agenda. · Resolution - Resolution of intent to adopt a Schedule of Fees and Charges Mary stated that the fees and charges were compiled under one Schedule of Fees and Charges a couple years ago, and the schedule is reviewed and updated annually. At the time the council adopted the process, it was determined that a public hearing would be conducted. The proposed schedule includes yellow highlighted items showing either a new charge or a changed charge. All department heads have had the opportunity to review the schedule and to submit changes. The Cemetery Commission proposed the increased cemetery fees. The resolution of intent will be on the council agenda on February 5th. If approved, the public hearing will be scheduled at the council meeting on February 19, 2008. A resolution adopting the Schedule of Fees and Charges would then be presented for approval at the council meeting following the public hearing. · Resolution - Oiness & Associates amendment to contract for auditing services Mary stated that the City of Laurel contracted with Ohess & Associates for auditing services for three years. The amendment to the Standard Audit Contract is closely monitored by the State of Montana 4 Council Workshop Minutes of January 29, 2008 and the auditor's have to submit a copy to the state. The first year the city paid the auditors $12,000. The costs for the second and third years slightly increased. The audit for fiscal year ending 2006 had to bring forward an amendment to increase the contract to $16,050, due to the Single Audit Act requirements. Again this year, the auditors are increasing the fee due to the single audit requirements. The City received over $500,000 in federal monies, so that triggers the single audit requirements. It requires additional work and tasting to ensure compliance. The auditors also had to do some additional prep work to get things ready for the audit, as Norm Klein was not available as much as Mary would have liked to provide flee assistance in preparing for the audit. Mary mentioned that Norm Klein haq retired but will be available for hire to assist cities, districts, and countias prepare for audits. Mary recommended approval of the resolution. She stated that the auditors have completed the work and city has received the drait audit. · Mid-Year Budget Review Mary distributed the 2007-2008 Mid-Year Budget Review document to the council and asked them to review the information. She explained some highlights regarding the structure of the document. One change is the addition of the Planning and the Building Funds. Thase funds are seeing a lot of activity, which brings them to a level of importance to review and monitor. The report comparas two separate issues: budgeted revenues and appropriations to the actual; and shows how revenues are keeping up with expendituras. Mary reviewed the General Fund Mid-Year Revenue graph, the General Fund Mid-Year Expenditure Comparison graph, and the General Fund Mid-Year Revenue vs. Expense graph. So far this year, revenues are ahead ofexpensas in the General Fund. The narrative explains th.ethr~eport. Mary asked the Mayor for pernfission to schedule this for council workshop on February 12 for discussion and quastions of the document. Emelie thanked Mary for her efforts in ~eparing the document and stated that she would like the opportunity for discussion on February 12 . When Mayor Oison participates in the Mayor's Conference in Bozeman this week, he will take the City of Laurel's budget along for comparison end discussion. Mayor Olson stated that the next quarterly review will be prasented on April 29t~. He thanked Mary for the good report. Executive review: · Resolution- Agreement with LightNex Communications Mayor Oison stated that the final franchise agreement with LightNex Communications will be distributed on Friday. The resolution will be on the February 5t~ council agenda. · Discussion regarding the letter from the Laurel Outlook Mayor Olson stated that a letter was received from the Laurel Outlook at the last workshop asking the city to request an Attorney General's opinion. [The letter stated that "the City of Laurel should immediately request an Attorney General's Opinion to resolve whether or not the Laurel City Council had the authority to ask the voters of Laurel to adopt a charter form of government."] Mayor Olson asked ifthcre were questions or comments on this issue. Doug Poehls stated that the council was given a mandate by the citizens of Laurel and he thinks the council needs to continue. The city went through the public hearing process and many public venues that provided many opportunities for anyone to ask this question before the election. He thinks that the council has done ev~ything it could do end has had legal counsel and other consultants indicate 5 Council Workshop Minut~ of lanum'y 29, 2008 that it was done right. Other communities have done it in the same manner. There was a legal process that people could have followed if they wanted to dispute what happened in November at the election. Not one person that is in the City of Laurel filed a complaint. He thinks the council does not need to turn around and look backwards, but needs to look forward. Emelie Eaton thanked the Outlook for its devil's advocate position. However, she thinks it is a shame that something ora controversial nature came via the Outlook and that with all the opportunities given for public input, the only public that ever seemed to speak up and say anything was the Laurel Outlook. That has been her frustration with this issue. She does not know how much more of an opportunity could have been given for the public to speak up. The town meeting at the school was poorly attended. It is a shame that if someone were as dedicated to bringing up controversial issues as the Outlook is that this topic even came up atter everything was said and done. For their efforts at playing a devil's advocate, she thinks the paper does a good job, but for whatever reasons there was no comment fi, om the public. She stated that it was voted on, and that vote was the council's best indication of how the public felt. She agrees that the council just needs to move on and not look back. Milt Wester, 1540 West 9~ Street, is the publisher of the Laurel Outlook. He stated that he has no intention to try to influence the council regarding what to do with the letter that the Outlook presented to the council The council has seen the letter and read the stories. He stated that each elected official swore an oath to uphold the laws of the State of Montana and its constitution. He will let each one's conscience be their guide if they think they are doing that. Deeper than that is an obligation to the City of Laurel to make sure that something has not been done that will come back later to haunt the city. He again stated that the council should let their conscience be their guide. He wanted to set the record straight on a few things because he thinks there has been some misinteqJ,etation about the process. Shortly after the election in November, Milt was personally doing research on Montana city government charters. At that time, not prior to the election, he discovered a document prepared by the Legislative Services Division's legal department. The document, which was written by Connie Eriekson, specified two methods by which a city could change its form of government. An ordinance was not included in the information. Milt directed the city reporter, Larry Tangien, to contact Eriekson to find out if something had changed since the document was from 1999. Erickson had left the department and the new attorney, Lee Heiman, looked into it. It was his opinion that the city did it wrong. When Milt found out that information, he comacted Mayor OIson, discussed it with him, and asked him to present the information to the council to make a decision. He was not making an allegation, but was informing him of the information. At that same time, the newspaper made a decision not to do a story. A few weeks later, Milt was at a workshop that Ken Weaver attended. Following the meeting, he asked regarding the city's intent. By that time, he had visited with several other individuals with expertise in the matters and all agreed with them that it looked like it may have been done wrong. Following that meeting, the mayor promised to get an opinion from your attorney, Mr. Painter. The Outlook received that opinion and published it, but they have several opinions that conflict with it. Milt clarified a couple of things. In the opinion document, it says in the facts tbat the Laurel Outlook newspaper, a non-voting entity, objected to the city council's action and accused the city ofexcoeding its authority. Milt stated that he cannot vote, but he does pay taxes and substantial fees in water and garbage services. Milt stated that never once did he accuse the city of anything, but he shared information. He stated that the Outlook is very careful in its stories to state that it may have happened. All this time he was hoping that the council would discuss the matter and make a decision on it. By the advice of some elected officials in the county, he thought that the best solution for Laurel would be to contact the Attorney General to get an opinion and find out it the city was right. That was the purpose oftbe letter presented to the council. Milt stated that, following tonight, there 6 Council Workshop Minutes of January 29, 2008 would be a story in the Outlook. Milt had a couple other things to discuss. One of them is that when he brought this information up, he was trying to share the information like any citizen should. He asked if it would not be a citizen's obligation to give information to the city if it could cause the city to be in jeopardy. He repeatedly had to contact the city to find out the decision. He stated that he never saw in the minutes of any meetings where the council discussed this matter. Milt then stated that, for the last two weeks, they have been contacting cities throughout Montana to ask them how they changed their charter. In cities similarly sized to Laurel, they found three communities that passed an ordinance to change the form of government. He stated that a change in form of government is different than amending the type of government already in effect. Clearly, state law states that a charter is a different form from what the city had. Coistrip had a mandate when it incorporated to form the type of government that it later passed an ordinance to do. Troy passed an ordinance because they were desperate to buy a power plant and could not do so with its current form of government. Red Lodge was the third city. Milt stated that other cities all used government review as the method of changing. Milt stated his appreciation that the council discussed this tonight and that the council took his letter seriously. He wanted to set the record straight on the Outlook's attitude and feeling toward this. This was not a challenge or an allegation. Mayor Olson asked Sam Painter to state the city's position on this. Sam stated that he reviewed the Outlook's letter. It is an odd position for the city attorney because he has already issued an opinion and the request was to have the city seek an Attorney General's opinion. He stated that the city is authorized to request an Attorney General's opinion on behalf of the city. Sam stated that he looks to the council to make the decision whether or not it wants to revisit this issue and seek counsel of the Attorney General, and get an opinion on the whole process and whether or not it was a violation of Montana law. The effect of an Attorney General opinion is that if his opinion conflicted with the city attorney's opinion, the Attorney General's opinion roles or governs. That opinion remains valid unless it is challenged in the District Corot or the Supreme Court. Sam stated that the sixty-day window for challenging the election expired. Under Montana law, that means a lot. The reason it is important is because the statute triggers presumptions, and the presumption is when the court looks at the pmcoss or procedure, it must presume things. One of the thin~ the court now must presume is that the pmeess and procedure utilized by the City of Laurel is presumed correct. To go into District Court st this point and challenge the city government is a difficult obstacle for the citizens; if some citizens challenge this now, the presumptions are very strong under the statutes that the process was valid and is presumed correct. Additionally, because of the sixty-day window, if the matter is challenged, the District Court cannot declare this action invalid based dearly on a procedural error. It must or it can only declare thl.q action illegal if the error materially and substantially impacted the election. The question becomes, what effect or impact did this have on the election? When he looked through the notes from council meetings and workshops, it appeared to him that the first discussion was to actually change to the manager-commission form of government. This was discussed and draft documents were prepared. Based upon public comment, the council actually said it would not change to this form of government but would remain a strong mayor government and would only add the self-governing powers. That was clearly provided in the documents from that day forward to the public, it was discussed openly in the public, and the public accepted that and was more willing to comider the issue when the form of the government was not changed from a strong mayor to a manager form of government. Based on this, Sam stated that when the voters want to vote on this issue, they understood completely and were not materially influenced by the process. 7 Council Workshop Minutes of Januas'y 29, 2008 Sam stated that he issued his legal opinion, which differs with the state staff attorney. That is not unusual The council has the choice of relying on the legal opinion he issued or seeking a second opinion from the Attorney General That is clearly within the council's discretion. If instructed to do so by the council, he would request that. Sam stated that statute provides that the Attorney General must issue an opinion in ninety days, so it is really not a long process. Mayor Olson asked if there were any questions or comments from the council. Mark stated that he works in an engineering office in the City of Billings and is a part-time council member. The council relies on staff, administration, and legal counsel, and in this case on the cousultant. The council did ever3ahing it thought it had to do to ensure it had all the necessary information. Mark stated that the most difficult thing in this state is the Montana Codes Annotated, which is ambiguous and may need to be reviewed from time to time. He pointed out that the council tries to make sure it follows the law and he does not think the council is neglecting what the Outlook has said. However, if the council has to turn around to look at where it has been all the time, the city is not goin~ to get anything done. The council voted to follow a transition plan and he does not think there is any reason to go backwards. Kate stated her agreement with Mark and stated that there are going to be differences ofopimon. She trusts the city's legal counsel and the people involved in this process. The council was very careful about doing it correctly. There is a difference of opinion, but it would not change the outcome. She does not think it is necessary to request an Attorney General's opinion. Mayor Oison asked if there were any other questions or comments or direction from the council. There was no fia-ther discussion. · Discussion regarding the Laurel City/County Planning Board Mayor Olson stated that, at the recent joint city-county meeting, Candi Beaudry spoke regarding the need to increase the funding mechanism for the City of Billings and Yellowstone County Planning Departments. Mayor Olson spoke regarding the need for a funding mechanism for Laurel's Planning Department. Doug Poehls stated that the question was whether Laurel would be affected if mill levies were raised in Yellowstone County. The county planner had stated that Laurel would be excluded from the increase proposed in the Billings-Yellowstone County planning jurisdiction because Laurel is a separate jurisdiction in planning. Mary had recently told Doug that Laurel should be able to receive two mills for our Planning Department, but the city does not receive that amount. Laurel has a full- time planner on staffand is growing and needs those additional mills. Mary stated that Candi Beaudry had the opportunity to address both the City of Billings and Yellowstone County to request the one mill voted levy because she knew that both entities would have to act. It is a cooperative effort with any city-county planning board, as it is part city and part county. That is evident in how the membership is made up and it should be followed through as far as how the funding should be provided. In doing research on tho city-county planning board, how it was created, and some of the historical funding data behind it, Mary discovered that when the nine- member beard was originally created in 1975, the city was obligating $500 for that board. At the same time, the county commissioners adopted the same thing so it was a cooperative inter-local type agreement between two governmental entities to form a taxing and regulatory jurisdiction that 8 Council Workshop Minutes of January 29, 2008 encoa~,aased both city and county areas. In 1976, the city adopted an ordinance to modify the size of the board to eleven members and to obligate two mills. Mary is doing research to find the partner document from the county, bemuse there should be a county document that also obligates the same board makeup and the two mills. With the last couple audits, the auditors have stated a need to address an updated inter-local agreement on how the city-county planning board operates and on the fiscal management, which includes funding. Since she became the clerk-treasurer for the City of Laurel, she has not seen two mills coming from either the city or county. Mary and the county finance director, Scott Turner, have discussed how many mills should be levied. He establishes that the county is the only one that should have the authority to establish the mill levy coiling, and Laurel is not at two mills yet. An inter-local agreement could open the door to not just two mills, but perhaps up to three mills. The City of Laurel is looking for a steady revenue stream just as the Billings City- County Planning Department is looking for a steady revenue stream. ,, Discussion regarding the Council President and Vice-President selection process Mark had requested that this issue be on the agenda when he realized that an election was needed after the first of the year. He stated that the current officers would be willing to serve for another tenn. Elections for the council president and vice-president will be on the February 5t~ council agenda. The item will be a scheduled matter that can be approved via motion. · Centennial Celebration Committee report Mayor Olson updated the council on the Centennial Celebration Committee. The next meeting is scheduled on February 7t~. Jean Carroll Thompson serves as the secretary for the committee. Mayor Olson stated that the committee wants to have a steam locomotive in Laurel during the 4th of July celebration. Since the cost is high, the committee proposes to generate revenue by selling bottled water and/or Centennial beer from the Yellowstone Brewing Company. Marching bands, arts and crafts vendors, and t-shirts and other memorabilia will also be part of the celebration. Chuck mentioned that another celebration will be scheduled on the actual date of the centennial, which is August 8t~ and 9t~. He encouraged people to participate in the planning oftbe event. Milt Wester, 1540 West 9t~ Street, mentioned that David Trost, the manager of The Crossings, has offered to have centennial displays in the hallways and moms at the facility for the celebration. Milt plans to use the archives of the Laurel Outlook to create a living museum of Laurel's history for display at The Crossings. Milt will have an Eagle Scout work on the project, and he also requested Gay Easton's help with the project. Mayor Olson invited Milt to present the project to the Cemeunial Celebration Committee on February 7aa. Mayor Olson stated that an all class reunion is scheduled on July 5t~. · Appointments: o Emergency Services Committee - Scotty Snowden Mayor Olson stated that the appointment will be on the February 5th council agenda. o Insurance and Benefit Committee - Chris Rosanb~ Mayor Olson stated that the appointment will be on the February 5 council agenda. 9 Council Workshop Minutes of January 29, 2008 Chuck Dickerson requested the addition of two items on the February 12~ council workshop agenda: the status of the right band turn sign for South First Avenue in front of the Conoco station coming off the interstate; and an update on information regarding the trucks stopping at uncontrolled intersections that was presented at a recent council meeting by a gentleman that had access to the information. Mark asked regarding information on the TIF District. Mary stated that the Department of Revenue contacted her late last week. The department reviewed the documents that the City of Laurel submitted and had one question on zoning. They asked the city for a statement that the zoning is in compliance with the city's Urban Renewal Plan, Growth Management Plan, and the Urban Renewal District. Mary informed the individual that the borders are the same as the city's Commercial Business District, so it should not he a problem, Mary will send the statement to the Department of Revenue. Mary also heard fi'om Bruce McCandless, who had reviewed the documents, sent back a nice report, pointed out a few things that could have done better, and offered his help in the future. Mary received a phone call today from Alee Hansen, the Director of the Montana League of Cities and Towns. Alec gave the packet to Janet Cornish in Butte, who actually wrote thc document that was distributed statewide on tax increment financing and urban renewal plans. Janet, who is a community developer or private consultant in Butte, reviewed thc document and offered a few tips for a better product. She also submitted the documents she helped to put together for the West Bank Urban Renewal Plan in Great Falls. Mary will print the document for the city planner to review. The contact at the Department of Revenue said that the statement should be all that is needed to put the package in fi'ont of the director and have him issue his letter to his department to proceed with the calculation of the increment. Emeli.e. requested that the issue in the Emergency Services Cqmmittee minutes of January 21, 2008, regaining the FAP garbage cans and fees be discussed at the February 12th council workshop. Mark mentioned that, at the League of Cities and Towns Conference in Kalispell in 2003, Rob Quist and Jack Gladstone provided entertainment. They have recently performed in some locations on the Lewis and Clark Trail. Efforts will be made to schedule them for an outdoor concert in Riverside Park during the Centennial Celebration. Review ofdratt council a~,enda for Februar~ 5, 2008: · Public Hearing: Ordinance No. O08-01: Ordinance emending Section 2.68.100 of the Laurel Municipal Code, amending the Judge's salary. (1't reading - 01/15/2008; PH - 02/05/2008) The public hearing is scheduled for February 5th. The election of the council president and vice-president will be added to the February 5th council Attendance at the February 5th council meeting: Norm Stamper and Doug Poelds might be unable to attend. Annollllcements: Mayor Olson stated staff has been submitting articles for the Laurel City I,'oice, which will be published again soon. 10 Council Workahop Miautes of January 29, 2008 Mayor Olson stated that the department heads are preparing year-end reports for presentation to the council. The council workshop adjourned at 8:44 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. 11 P.O. Box'~_78, Laurel, .Montana 59044 Phone 4o6-6~_8-n, n, '~ ~ January 8, 2008 Honorable Ken Olson, Jr., Mayor City of Laurel P.O. Box 10 Laud, MT 59044 Dear Mayor Otson: The Laurel Outlook believes the City of Laurel should immediately request an Attorney General's Opinion to resolve whether or not the Laurel City Council had the authority to ask the voters of Laurel to adopt a charter form of govermnent. Not attempting to resolve this issue will cast a pall of illegitimacy over any future actions taken by the City of Laurel under the authority of its new charter. We request that Sam Painter, acting as legal counsel to the City, be instructed to seek a ontana Attorney General s Opu~uon. We further request that copies of the attached supporting documents, provided to the City by the Laurel Outlook, be submitted for consideration. We cannot imagine why you would not want to resolve this issue at minimal or no cost to the residents of Laurel. We are providing you this opportunity to initiate this request for clarification before advocating for it in the pages of our publication. We would support your action as a responsible way in which to answer the questions that have been raised. Please advise us of your intention concerning this request. Milton Wester, Publisher & Editor Sam Painter, Counsel to the Cfty of Laurel Gay Easton, Council President Alderman Mark Mace Alderman Norm Stamper Alderman Kate Hart Alderman Doug Poehls Alderman Chuck Dickerson Alderman Emelie Eaton Alderman Alex Wilkins TITLE 7, CHAPTER 3: A CAFETERIA-STYLE APPROACH TO LOCAL GOVERNMENT Prepared for the Education and Local Government Committee by Connie F. Erickson, Research Analyst Montana Legislative Services Division October 1999 INTRODUCTION Although there are numerous governmental entities with which Montana citizens interact on a regular basis, it is county and municipal governments that have the greatest impact on people's lives. It is those governments that supply us with water and sewer services, pick up our garbage, collect our taxes, conduct our elections, provide police and fire protection, operate our libraries, and plow our streets. The elected officials of our county and municipal governments are our neighbors. We go to church with them, we see them in the grocery store, their children play soccer with our children. If we see a problem in our community, we can pick up the phone and call our local official to complain or to offer a solution. In other words, local government is the government that we are most familiar with, the government on which we can have the greatest influence. In Montana, we can even choose the form of our local government. Title 7, chapter 3, of the Montana Code Annotated offers numerous optional .forms from which Montana citizens can choose their type of local government. But it wasn't always this way. This "cafeteria-style" approach to local government came about through the adoption of a new state constitution in 1972. Prior to that time, Montana local governments reflected traditional forms. WHAT WAS LOCAL GOVERNMENT LIKE PRIOR TO 1972? HOW CAN CITIZENS CHANGE THEIR FORM OF GOVERNMENT? There are two ways to alter the existing form of a local government unit. ~he first is ~y voter petitioi~. The petition must be signed by 15% of the registered voters of the Ioca~ government unit and presented to the governing body. The petition must include, among other things, the proposed new form of government or the proposed amendments to the existing form and information supporting both the adoption of the proposed changes and the retention o¢ the existing form. Upon receipt of the petition, the governing body must call an election on the proposed changes. The election must be held in con.~unction with the next regular or primary election that is at least 75 days after the call. The second way to alter the existing form o¢ a local government unit is through,~|ocal ~voter review:. Every 10 years, each local government unit in Montana must hold an election on the question of conducing a local government review. IF the question is approved, then a second election is held to establish a study commission that will conduct the actual review. A commission candidate must be a registered voter of the local government unit but may not be an elected official of the local government. A study commission can: recommend amendments to the existing form of government; recommend any Form o¢ government authorized in statute; draft a charter; recommend consolidation or amendments to an existing consolidation; recommend a county merger; recommend disincorporation of an existing municipality; or submit no recommendation. If the study commission recommends an alternative form of government or changes to an existing government, the recommendation must be submitted to the voters. 7 From: Larry Tanglen <news @laureloutlook.com> Subject: Fwd: Alternative Forms material Date: November 13, 2007 4:57:59 PM MST To: publisher @laureloutlook.com Begin forwarded message: From: "Heiman, Lee" <lheiman@mt.aov> Date: November 13, 2007 3:22:30 PM MST To: <news@lauraloutlook.com> Subject: AJternative Forms material Larry, got the faxed ordinance. hope this is not too detailed. Here are the applicable MCA sections and internet links to the sections: 1. A local government may amend a charter or adopted form of government by referring the question to the electorate by ordinance: 7-3-103(2), in part, reads: "An amendment to a self-government charter or an adopted alternative form of government may be proposed by initiative by petition of 15% of the electors registered at the last general election of the local government or by ordinance enacted by the governing body." on the web at http://data.oDi.mt, aov/bills/mca/7/3/7-3-103.htm 2. So tl~i~a~ce~can..put an.:araendme~.~oTa:~'form"o~ government',~.~o~.,the,:baliot. "Form of government" is defined in 7-3- 122(3) as "(3) "Form of government" or "form" means one of the types of local government enumerated in 7-3-102 and the type of govemment described in 7-3-11'1.. ", on the web at http:l/data.oci.mt.<~ov/bills/mca/7/3/7-3-122,htm. The types of governments described in 7-3-102 (on the web at http://data.ooi,mt.aov/bills/mca/7/317-3-102.htm) are: "(1) the commission-executive form (which may also be called the council-executive, the council-mayor, or the commission- mayor form); (2) the commission-manager form (which may also be called the council-manager form); (3) the commission form; (4) the commission-presiding officer form; (5) the town meeting form; or (6) the charter form." 3. ~T~Pah existing'form of government, i.e. from a commission-presiding office¢ form to a charter form; the questton can be~:pu~on the ballot~only-by petition~ofTthe electorate, under 7-3-125 (on the web at http:l/data.opi.mt.qovlbillslmca/7/317-3- 125.htm ,) (~by:a study-commi~sien~z~-171 through 7-3-193 (on the web beginning at htto://data.oDi.mt.(~ov/bills/mcai713/7- 3-171,htm). 4. The existing plan of government is the council-mayor form under Title 7, Chapter 3, part 2 (on the web at http://data.oei.mt.(~ovlbills/mca toc/7 3 2.htm~ with a statutory basis under 7-3-113 (on the web at http:/Idata.opi.mt, qov/bills/mca17/317-3-113.htm). Note all the options under Title 7, Chapter 3, part 2 -- this is a "cafeteria- style" plan of government. A local government can make choices relating to powers and form. For instance 7-3-202 (on [he web at http:lldata.opi.mt.oov/bills/mcai7/3/7-3-202.htm) allows a council-mayor form of government to have either general government powers or self-governing powers. If the local government currently has general government powers and wants to put the question of self-governing powers on the ballot and still be council-mayor form, the change would be an amendment to the form of government and could be put on the ballot by a council-adopted ordinance. If~thewished-for change was to besome-a charter form of govemment~under Title 7, Chapter 3, part 7 (on the web at http://data.opi.mt.oovlbills/mca toc/7 3 7.htm ), the change woutd be to the form of government (see No. 2 above) and woul~ aced either an elector petition or a study commission to put the question on the ballot'. Changing to a charter form of government is akin to adopting a constitution. See the needed provisions under Title 7, Chapter 3, part 7 (on the web at hffp:lldata.or~i.mtoovlbillslmca toc/7 3 7,htm ). The char~er for Billings is available off of http://d.billinos.mtus/Government/clerk, php From the ordinance you faxed, I have to assume that there is a similar proposed charter for Laurel. I hope this is of some help. I will be out of the office until tomorrow morning. Lee Heiman Staff Attorney Montana Legislative Services (406) 444-4022 Caoitol Web Cam and Weather 400 C L W C C O .C M W W f0 V i i i i i i i i i i i l COMe MUNICATIONS LightNex Communications Laurel Market Expansion Franchise Agreement Application Licht Speed Ahead ¦? r??? r?? r r r r r? ?r r r? r W ? j COMt e r' MUNICATIONS L W C W C O t a W H W .C N u Who we are • Competitive Telecommunications Company -State Certified CLEC • Founded 2002 - Spun off from computer software/Internet company and a real estate development company • Locally owned and operated Corporate headquarters in Billings i%-1Lig?htNeaC W What we offer ? • Traditional ? Telephone service p (POTS) t a W Cable Television H I?- Ultra High Speed W Internet access r?o V W C l ht E,' COMMUNICATIONS What makes us different? W C - 100% Fiber-optic network W c -Fiber all the way to each customer (home or O business) CL -Incredible bandwidth available W - We own our own network w -Future proof > -Reliable FM W :5 M V AM ftf.4 x Palm Fie [ins HAL Calix ONT W l t E' C C?MMUNtCATIONS L W C W C O r a W FM- 0 H W N u What is Fiber Optics? • Very thin glass strand (thinner than human hair) • Transmits data as pulses of light • Can carry multiple wavelengths of light each with a separate data strea m Cladding (Refractive Coating) Co re ?Cover W C L What makes fit W NW C 1000 • SPEED! 950 ¦ 900 W - 1.v000 megabit (1 850 C 800 0 gigabit) per second 750 700 .C sustained 650 soo W symmetrical 550 500 50 W throughput to a 4 400 ?-- subscriber 3, 90 300 - Typical Cable 250 200 ?-- Modem or DSL 150 - W tops out at ---10 150 .? megabit down, 1 0 M megabit up V w l tNe, COMMUNICATIONS 'r better? . Fiber DSL Cable Modem Downstream Upstream W C L W C W C O L a W F=- .,rvLightNe?C What makes fiber better? • Immune to interference - No crosstalk on phone lines - No static when it rains • No amplification needed - Cable HFC networks need amplification throughout the network, introducing noise and points of failure I- Speed., Quality of Service same at any W point on the line T3 M -Doesn't degrade if your home is far from V the headend W C L W C W C O 0C a W W F- H W .O 10 u jte COMMUNICATIONS What we plan to do • Overbuild the City of Laurel with fiber- optic network - Place conduit and cable underground throughout the city - Construction using vibratory plows, trenchers, directional drills • Minimize impact on residents, alleys and roads Li&ht Sneed Ahead W C L W C s W C 0 CL W F-M H W d 10 u s 1 COMt Q MUNICATIONS What we plan to do • Start construction ? April 2008 • Target first services generally available August 2008 • Estimate for completion of overbuild of "core" city areas is 2 years -Timeline will depend on customer demand, weather, etc. Light Speed Ahead W C L W G W C O t an W H W M V zvLiwghtNek COMMUNICATIONS Network Elements Calix ONT Customer Premise ti Fiber Splitter Cabinet Serves 288 customers Remote Terminal Serves up to 2,000 customers Pedestals 24x36" Handhole EW W C L W C W C O r a W lm;;§ f- W t0 u i4ovLightNeW COMMUNICATIONS Li&ht Speed Ahead