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HomeMy WebLinkAboutCouncil Workshop Minutes 02.26.2008MINUTES COUNCIL WORKSHOP FEBRUARY 26, 2008 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by President Gay Easton at 6:34 p.m. on February 26, 2008. COUNCIL MEMBERS PRESENT: x Emelie Eaton _x Kate Hart _x_ Gay Easton Alex Wilkins _x Doug Poehls Mark Mace Chuck Dickerson _x Norm Stamper OTHERS PRESENT: Sam Painter Mary Embleton Bill Sheridan Kurt Markegard James Caniglia Rick Musson Jan Faught 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. There was no public input. Appointment of City of Laurel Volunteer Ambulance Crew Member: Eric Rhea Ambulance Director Jan Faught stated that Eric Rhea is a student in a paramedic program in Billings and he also lives in Billings. This is testing week and next week is spring break, so he will be unable to attend next week's council meeting. Eric has been an EMT for a couple years and worked with the ambulance group in Ely, Nevada. The Laurel Volunteer Ambulance Service looks forward to having Eric's expertise. Jan stated appreciation for approval of the appointment. Clerk/Treasurer: • Resolution- Schedule of Fees and Charges Clerk/Treasurer Mary Embleton stated that the Schedule of Fees and Charges has been discussed for several weeks, the public hearing was held last week, and it is ready for formal adoption. She explained that the initial changes on the draft copy were highlighted in yellow and additional changes were added with the public hearing process. Mary mentioned that the Budget/Finance Committee recently discussed the fees for the 4 of July vendor space at Thomson Park. She wanted to make sure that the council was aware of the 'Other Special Events" addition on the schedule. Mary explained that a gentleman talked with staff a few months ago regarding the possibility of having vendors at the centennial celebration. He had suggested that the 4d of July fees were cost prohibitive for some local people that expressed an interest in the centennial event. There was a lengthy discussion regarding: the Farmers' Market; the fee schedule reflects the attendance at an event, Le. the 0 of July event; the need to clarify other special events; the facilities Council Workshop Minutes of February 26, 2008 available at the various parks; Russell and Kiwanis Parks will now have bathroom facilities; the possibility to reserve portions of a park with the new "Other Special Events" fee; the suggestion to postpone the vote until March 18th versus the need to approve the Schedule of Fees and Charges so other departments can proceed with the charges and not delay potential revenues; and the need to have the Park Board review the issue and give a recommendation. The Park Board, which is scheduled to meet on Thursday, March 6th, will review the issue and make a recommendation to the council. The resolution and Schedule of Fees and Charges will be on the council agenda on March 4th. If the Park Board recommends further changes in the fees, they can be addressed through the required process. Planning: • Resolution - Annexation Policy James stated that the Annexation Policy goes with the annexation ordinance. This would go into effect thirty days after the second reading of the ordinance. The annexation policy contains conditions which are required for the city to annex certain areas or neighborhoods, undeveloped land. It requires waiver of right to protest the creation of SID's, the right to waiver the creation of a Park Maintenance District; requiring property owners to provide the city a bond or a letter of credit that equals 125 percent of the estimated engineering costs for the construction improvements. There are various criteria requirements that the policy requires as well. Sam Painter stated that the ordinance for annexations will be effective thirty days after final adoption. He proposed adding the effective date of April 4, 2008, to the resolution so the ordinance and the regulations become effective at the same time. The resolution and annexation policy will be on the March 4th council agenda Executive review: • Arbor Day Proclamation - April 25, 2008 President Easton stated that the Arbor Day proclamation will be for April 25th. The Tree Board will meet on Thursday, February 28th. The projects for Arbor Day will be finalized at the Tree Board meeting. Kurt Markegard stated that the city is looking forward to getting started on the projects. The DNRC has given the city a $1,000 grant for the Arbor Day festivities. It is a 35 percent match, so the city will need to spend $350. It will go a long way in procuring trees and getting them planted. A member of the DNRC and a gentleman who is interested in caring for trees will also attend the Tree Board meeting. • Appointment: o Bright `n Beautiful: Chuck Dickerson The appointment will be on the March 4th council agenda • Council Issues: o Update on City's website (Emelie Eaton) Mary explained that review and updating of the website is in progress. Jim Huertas, a Laurel police officer who is currently attending the Police Academy, was contracted for work on the city's website. 2 Council Workshop Minutes of February 26, 2008 o Drains at intersections in the City of Laurel (Emelie Eaton) Public Works Director Bill Sheridan stated that replacement of drains is needed throughout the community and was started this week. The worst drains will be replaced first and work will continue until they are completely replaced. The pipes that have been removed were rotten or not operating. The kind of pipe the city will install will make a difference so drainage can be dealt with properly and drains will be operational. Kurt Markegard stated that there are many rusted culverts throughout the City of Laurel. The culverts are galvanized steel that were never made to be used under three inches of asphalt. He explained the situations at several locations, including the old Middle School, Graff School, and on the south side of Southeast 4a' Street. When Kurt did some research regarding replacement of culverts, he asked if the culvert was acceptable with only three inches of asphalt over it. He was told that fifteen to seventeen inches of cover of gravel is needed. He investigated long-term solutions that would not rust and collapse and found a high density poly pipe that has a thick wall. Some of the culverts will go from twenty inches down to eight inches. With the nature of the smooth wall inside the pipe, it is possible to get the same amount of flow as going through the culverts. They will be less likely to collect leaves, debris, and rocks and that is what will be installed. The department will get some cover on them, get them compacted, and get the asphalt over them Since hot mix asphalt is not being produced right now, the city will use the patch machine to produce some hot asphalt to put at both ends of the culvert so that spring rains do not wash the gravel away. It is going to take time to get to all of the culverts. o Repair of Railroad Street (Emelie Eaton) Emelie asked who would be involved, how much it would cost, and how long it would take so she could inform some of the people who continually complain about the condition of Railroad Street. Bill Sheridan stated that some major improvements are needed there and on many streets throughout the city. He needs to get involved and propose some SID's in certain areas. If funds are available for other streets to be paved and rebuilt, the city will do so. If folks have complaints and concerns, he will contact them He stated that it is not easy to come up with a lot of dollars to rebuild the streets. As of this summer, the department is going to do its best to have more employees working on the streets and making repairs. With streets that are too far gone and no grant funds are available, the city will have to say that the only way they can be improved is to create a special improvement district. No one likes that situation. People want the repairs but do not want to be involved in the cost of the repairs. Emelie asked if Railroad Street is a city-owned street. Bill is not sure and will let her know. Mark stated concern regarding SID's. He stated that one of the issues used to promote the higher street maintenance assessment was that the city would take care of more streets. He thinks that asking for an SID and continuing the current street maintenance district assessment would make it difficult for folks. He knows that a lot of people realize that street maintenance takes care of maintenance and does not rebuild streets. Bill stated that some streets can be repaired to provide long-term use, but it would be a waste of time and money to repair other streets. The streets that can be repaired, the city will be on as quickly as possible using the city's equipment. Bill stated that a few more hands are needed to deal with it, and 3 Council Workshop Minutes of February 26, 2008 he will suggest ways to the mayor to put some temporary people on board to make some improvements on existing streets. Chuck asked when the dip in the right hand turn lane on Railroad Street on the east side of First Avenue South would be addressed. Kurt stated that it would be addressed this spring. The city's machine works really well if there is asphalt that can accept the oil to get the tack. It will be filled in this spring with the machine and then resprayed. This will be done at the city's expense, as Wal-Mart matched it to the existing grade as required. o Former Western Security Bank and Only $1.00 buildings (Emelie Eaton) Bill Sheridan stated that the realtor for the former Western Security Bank building contacts him weekly to see if the city is interested in purchasing the property. The price is $385,000 and recent repairs to the elevator cost $60,000 to $80,000. Bill stated that there are positives and negatives about the building. The negatives are that it does not provide a substantial space for a city hall and there are a small number of parking spaces at the location. However, it is an attractive space that has been maintained. Emelie asked if she correctly remembered council discussion last fall regarding the fact that no money was set aside for this. President Easton stated that the price of the Only $1.00 building is currently almost comparable to the bank building. Tours of the buildings were given to the council last fall. Chuck stated that he has contacted someone that might be interested in building city hall and leasing it back to the city over a period of time. He will find out more information. o Annexation of Riverside Park (Doug Poehls) Doug Poehls stated that the issue was brought forward with the Centennial Committee's discussion regarding having a performance at Riverside Park. Someone had suggested that police officers probably could not enforce there. He asked Rick to address that. Chief Musson said that the jurisdiction issue is a statewide problem He explained a similar situation in East Helena, which has a water plant and reservoir outside the city limits. Rick stated that the question is who is funding the police services. The answer is that no one is funding it once the officers leave the city limits. It is important to understand the intent of the law and it was never intended for law enforcement to patrol five miles outside the jurisdiction. Rick gave an illustration of an officer finding a possible DUI suspect while patrolling in the city limits and following the suspect until they stopped in the county. The officer can then do the processing. However, that changes if the officer is in the county and stops a DUI suspect. Rick stated that, in the past, police reserves have checked Riverside Park, the cemetery, and the water and sewer plants because they have more interest in what is happening there than the Sheriff's Office might have. When it comes to law enforcement jurisdiction, the department has to be very careful. Rick stated that the city needs to make the choice whether or not to enforce the law through annexation of the property. He thinks the city would be in troublesome waters to say that there will be law enforcement just because it is city-owned property, and MMIA probably feels the same way on the liability issues. The department is careful to go out in the county only when asked to do so by 4 Council Workshop Minutes of February 26, 2008 the Sheriff's Office or the Montana Highway Patrol. Chief Musson stated that the police department wants to do what it can but wants to do it right. As the chief, he has been an advocate for annexation. Mark stated that this subject has been discussed before and he questioned when, where, and why the discussion stopped. There was discussion regarding the lack of facilities at Riverside Park because the water line was shut off during the winter. When the new bridge was built, a heated water line was installed and water is available all year now. Further discussion included: the outdoor shooting range at Riverside Park; discharge of firearms within the city limits; concern about the maintenance requirements on First Avenue South (Highway 212) if the park were annexed; Sam Painter stated that the former administrative assistant was going to get the legal descriptions for each parcel considered for annexation. That was dropped and the legal descriptions were never obtained. He said that the issue of shooting at Riverside Park was discussed as the council approved a lease agreement with the club to continue their activity for a specified number of years. Kate asked regarding the city's maintenance responsibilities for Highway 212 annexed within the current city limits. Kurt stated that MDOT tells the city not to do any maintenance on Main Street or North and South First Avenue. The city has a sweeping contract with MDOT. There was further discussion regarding the maintenance issues. Doug stated that part of his concern is that the city is not allowed to annex Cenex, which abuts Highway 212 on both sides. Kurt stated that there had been concerns about whether or not flag pole annexations are allowed under state statute. Chuck suggested that the Park Board should address the annexation of Riverside Park and make a recommendation to the council. The other three proposed annexations could be addressed by the proper committees, boards, and departments. Other items: There were none. Review of draft council agenda for March 4 2008• • Public Hearing: o Ordinance No. 008-03: An ordinance amending the zoning map of the City of Laurel, Montana, extending the boundaries of the Central Business District. (First reading - 02/19/2008) • Scheduled Matters: o Ordinance No. 008-02: Ordinance adopting annexation regulations for the City of Laurel for incorporation in Chapter 16 of the Laurel Municipal Code. Second reading. There was no discussion. Attendance at the March 4ei council meeting: There was no discussion. Announcements: Norm Stamper reported on today's Steering Committee meeting for the Veterans' Cemetery. Everything is still on schedule for groundbreaking on Memorial Day and dedication on Veterans' Day this year. The County Commissioners signed the buy/sell agreement that the council approved last Council Workshop Minutes of February 26, 2008 week, so the city should receive a check soon. Mayor Olson, Mary, and Norm have had discussion regarding a resolution to put the money from the sale in its own fiord for use in the veterans' section of Laurel's cemetery. That will be presented for the council's review. Norm mentioned that the Veterans' Council is distributing fliers to the public asking for donations to buy a tree, bench, bricks, etc. Norm stated that the public works director would be contacted soon regarding another meeting to finalize the maintenance agreement with the City of Laurel. Norm stated that the test well was drilled down 119 feet and hit water. Water is holding static at 90 feet and it is projected that they can pump 40 gallons per minute. A water quality test should be done soon. Norm explained the requirement to get underground water rights if water is pumped at more than 35 gallons per minute. Although the study is not complete, the engineers figured that phase one of the Veterans' Cemetery can be watered with this well, but the city's cemetery and future expansion could not be. Gay stated that the county is working to fit the maintenance agreement with the $225,000 annual assessment. A meeting is scheduled for March 10a`, and Bill will be included in the meeting. Norm stated that Airport Road has been punched through and will be paved this spring. When it is opened, the current Airport Road will be gated. The commissioners had some discussion about gating the southern end, and further discussion will be needed with the city to allow access to the cemetery and coordination of cemetery hours. Norm recently spoke with Jolene Rieck, who is the landscape architect for the Veterans' Cemetery and was just hired along with Interstate Engineering to do the master plan for Laurel's cemetery. The Cemetery Commission should see some information regarding the master plan in March. Commissioner Kennedy informed President Easton today that the footings for the foundation of the walk bridge by Murray Park will be poured next week. The bridge will be in before the water is turned on in May. Norm stated that the County is preparing to develop a Yellowstone County Veterans' Cemetery Advisory Board and applications will be available soon. There is a steering committee now, and the advisory board will begin after the construction process is completed and will be in charge of setting rules and regulations for the Veterans' Cemetery. Norm stated that Laurel representatives are need on the seven-member board. The council workshop adjourned at 7:47 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.