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.
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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
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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
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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.