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HomeMy WebLinkAboutCouncil Workshop Minutes 11.25.2008MINUTES COUNCIL WORKSHOP NOVEMBER 25, 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.m on November 25, 2008. COUNCIL MEMBERS PRESENT: x Emelie Eaton (6:36 p.m) _x Kate Hart _x Chuck Rodgers Alex Wilkins Doug Poehls _x Mark Mace _x Chuck Dickerson (6:44 p.m.) Norm Stamper OTHERS PRESENT: Brooke Baracker Mary Embleton Bill Sheridan Kurt Markegard James Caniglia Rick Musson Patrick Murtagh, Great West Engineering Carl Anderson, Morrison-Maierle, Inc. Public Input tthree-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. Police Department • Resolution -- State and Local Task Force Agreement Chief Musson explained that the contract with the DEA Task Force is renewed annually. The resolution will be on the December 2"d council agenda. Morrison-Maierle: • Lift stations and sewer main replacement Carl Anderson distributed a Technical Memorandum regarding Morrison-Maierle's alternatives analysis of the Elm and Village Lift Stations. Treasure State Endowment Program (TSEP) grant funding has been obtained for both lift stations through the 2006 grant submittal process. The Wastewater Facilities Plan included in the grant application states that the Elm Lift Station would be replaced and would include room in the new lift station for a future pump to serve additional areas. The Village Lift Station is to be rehabilitated with no additional capacity. Areas north and northeast of the Elm and Village service areas and outside the city limits are developing with on-site wastewater treatment systems and wells. Older subdivisions are having water quality and quantity problems. Some developers and home owners are interested in having city services to address issues. With the need for the capacity to serve additional areas with an expanded sewer system, the city wants to look at the options available to expand the service areas of both lift stations. Carl explained that the technical memo included five alternatives for the council's consideration regarding the Elm and Village Lift Stations. Since several council members were not at this meeting, Council Workshop Minutes of November 25, 2008 it was suggested that Carl present an overview of the alternatives and return to a future council workshop to present more specific information. Carl briefly explained the least costly alternative, which has an estimated cost of $5,745,700. This alternative represents the growth option shown in the 2006 Wastewater Facilities Plan. The Elm Lift Station would remain in service and would probably not have to be upsized to provide additional capacity, but would have to be replaced based on condition. The gravity main in East Main Street that feeds the lift station would be replaced with a new upsized main to collect wastewater from a growth area that is tributary to the lift station. The additional wastewater would replace the flows from the Village Subdivision, which would be rerouted to the new East Village Lift Station. There was further discussion. Carl spoke regarding the original wastewater project and the treatment options. As part of the preliminary design, Morrison-Maierle's original scope of work included the potential discharge permit. The city's discharge permit expired a couple years ago. The DEQ usually administratively extends the discharge permit. EPA requires the DEQ to renegotiate the discharge permits and the permits are good for five years. The city is operating under a discharge permit that was extended from the one that was in place for five years. The city will get a new discharge permit at some point in the future, but DEQ has to go through an extensive procedure of calculating what the flows and lows might be to the river. Then DEQ will set the appropriate limits at this location based on the amount of flow in the river and the water quality parameters. Morrison-Maierle has estimated how the permit is going to read and what the permit limits will be, as they want to recommend a treatment process that will be conducive to meeting the future discharge limits. The current treatment process at the main part of the treatment plant is a process called rotating biological contactors. This process utilizes a certain technique for treating the wastewater. If you have to go to higher levels of ammonia removal, nitrate removal, and phosphorus nitrogen, it is not as conducive to going to lower levels as an activated sludge process. An activated sludge process adds air and distributes that air to allow the biological activity to occur in the treatment basins. Based upon the analysis of the future discharge permit, Morrison-Maierle's recommends spending more money now to put in the activated sludge system because it will be more conducive to future discharge permit limits. A cost of $1.2 million would be added to the original $4.7 million cost for the original project. Carl recommended that the city move forward with an SRF application to borrow the money needed to fund the activated sludge system. Mayor Olson stated that, when Carl brought forward the initial $4.7 million project, Morrison-Maierle had a task order for a sewer rate study. At that time, it was determined that sewer rate increases were not needed for encumbrance of the $4.7 million project. Mayor Olson stated that sewer rate increases would probably be necessary with the recommendation to go with the activated sludge system. Planning • Public hearing on December 2d for zone change request from Frank and Doyletta Zweifel James Caniglia read his letter to the Planning Board regarding the Zweifel zone change, and a copy is attached to these minutes. The Zweifels want to have 40 acres of land rezoned from Agricultural Open zoning to Suburban Residential, which allows for five-acre lots. The land is bordered by Agricultural Open zoning on three sides and by unzoned land to the south. The property is located in the northwest corner at the intersection of Magelssen and South Laurel Roads. Most of the land bordering the property is being used for agricultural purposes. James spoke regarding the city's goals of development as stated in the Growth Management Plan. The Growth Management Plan reiterates the goal of "discouraging the conversion of prime farm land 2 Council Workshop Minutes of November 25, 2008 to residential development." James stated that the zone change does not appear to be spot zoning as there are seven homes on similar sized acreage directly to the southeast on unzoned land. If this was allowed, then all the bordering land would have the right to have Residential Suburban zoning, which would mean that there could be a lot of five-acre lots surrounding the city. The owner to the east owns hundreds of acres of land and told the Planning Board that it is not an appropriate use of the land because of the proximity to the refinery and the railroad tracks. He feels it is better suited for industrial use, and James agrees. James recommended denial to the Planning Board, which recommends denial to the council. The public hearing is scheduled on December 2nd • Request from Randall Swenson to submit application for annexation of less than one city block James explained the annexation request by Randall Swenson. Mr. Swenson had to submit this annexation request for consideration because he is proposing to annex less than a city block, which is 2.06 acres or less. If it was over that, the item would go straight to the Planning Board and not to the council first. Mr. Swenson owns the TenderNest retirement home and wants to annex about 50,000 square feet so he can expand the business. Mr. Swenson has agreed to install curb, gutter, and sidewalk and pay for the costs to extend the services to the buildings. James stated that the annexation would make the city limits all the way to 12th Street, and he thinks it would be a good thing for the community. Chuck Dickerson asked regarding the underground utilities at this location. There was discussion. Kurt stated that the line previously crossed the property, but it was moved a few years ago, and the line is now in public right-of-way. James will provide further information to the council this week. • Resolution - Preserve America Grant James submitted an application to have Laurel designated as a Preserve America community. With that application, he was able to apply for a Preserve America Grant through the State of Montana to have the central business district area surveyed to get proper documentation of the buildings. The grant applied for and received was for just under $15,000. It is a match grant, and James has secured $3,000 in match from the Laurel Centennial Committee, the Laurel Museum Board, and the Chamber of Commerce. The State Historical Society wanted to make sure there is a public/private partnership, and that the community as a whole is striving for this type of achievement. The city would need to pay $12,000 of the grant match, and any of James' work would be in-kind and could reduce that by $1,000 to $2,000. A couple other groups might also contribute. There was discussion regarding the amount of the city's match and the funding source for the match. James will provide documentation for the council. The resolution will be delayed for further discussion at the December 9`t' council workshop. Chief Administrative Officer: • Resolution - Purchase and Procurement Policy revision Bill Sheridan stated that the revision is to allow department heads to purchase up to $5,000, which is a change from the current $1,500. The resolution will be on the December 2nd council agenda. • Resolution - Small Services Contract with Winkler Excavating (install two storm water inlets at West Maryland and 13'h Street) Bill explained the need for the installation of two storm water inlets at West Maryland Lane and 13th Street. Four homes have major problems that accumulate the water that flows into the street. The city 3 Council Workshop Minutes of November 25, 2008 will collect the water as storm water and drain it into a ditch or a water bearing area. Bill stated that the property owners would be billed for a portion of the cost of the project. Bill stated that a storm water utility needs to be created to deal with storm water issues throughout the city. • Resolution - Small Services Contract with Alpine Plumbing (hot water heater at the FAP) Bill stated that a new water heater needs to be installed at the FAP building. The resolution for a contract with Alpine Plumbing, Heating and Cooling will be on the December 2nd council agenda. • Resolution - Change Order No. 3 with Great West Engineering for the storm water project Bill explained Change Order No. 3 for the South Laurel storm water project. It was necessary for COP Construction to modify an Exxon petroleum line crossing, modify a sanitary sewer crossing, and relocate a sanitary sewer line in the project. The resolution and change order for $5,193 will be on the December 2°d council agenda. The project on South First Avenue will be completed on December 1St. A five-day weather extension was granted to COP Construction for completion of the project on Southeast 4th Street by December 6th • Nez Perce kiosk at Riverside Park Bill explained a request by the Nez Perce Foundation to place a kiosk in Riverside Park. The information distributed to the council is attached to these council workshop minutes. There was discussion regarding the scale and measurements of the kiosk, the proposed location for the kiosk, and whether the item should go to the Park Board. Mayor Olson stated that it could go to the Park Board for consideration. Bill will get information regarding the measurements and the proposed timing for placement in the park. • Discussion of possible gift of property to the city south of Foundation Avenue to allow for a turnaround for fire and solid waste vehicles and the reconfiguration of a storm water retention pond Bill stated that south of Solid Foundations is an open space of land and the area has been considered for sale or development by the owners of the property. The expectation is to provide a turnaround at the south end of the existing roadway for solid waste collection and fire vehicles and to readjust a storm water retention pond for the storm water needs of the development. This stops travel from the subdivision south to the highway, and it is in the city's best interest not to have people use it as a thoroughfare. It also allows for the property off the highway to be developed in an appropriate way. Kate Hart stated that, when the plat was done, it was overlooked that the road was put through the property so the fire department could go through there if they needed to because there was no way for them to turn around. It was also overlooked that the city needed to turn the garbage trucks around. In the agreement, a fence can be put across there, which means that the fire department could break it and go through if necessary, but there is no way for the garbage trucks to turn around. Buyers have been interested in the property, but they would fence it off right there and there would be a problem for the fire department. Kate stated that the idea is to give the city enough room to put a turnaround on the property. Then the front portion of the land could be sold and the road could be abandoned to make the property more desirable to someone. Mayor Olson stated that further information would be presented to the council at a future workshop. 4 Council Workshop Minutes of November 25, 2008 Mayor Olson asked Patrick Murtagh to speak regarding the water intake lids. Patrick Murtagh stated that Great West Engineering is working as rapidly as possible on the intake situation. Drawings were given to COP Construction and they submitted a figure of $94,700 to complete the task. Considering the situation, how specialized the work is, and the fact that COP was the only bidder for the original intake project, Pat thinks this is a good deal. He recommended that the city proceed to get COP Construction under contract. He could have something together by next Tuesday's council meeting. Funding for the project will come from reserves. Mayor Olson spoke regarding the emergency situation and legal counsel's agreement that the mayor could sign the contract with COP Construction prior to council approval, if needed. There was discussion regarding calling a special meeting. A resolution and the contract with COP Construction for the water intake lids will be added to the December 2nd council agenda. Pat Murtagh explained that the project should start on December 15'h . The intake lids will be linked like a chain and bolted down to the intake. Executive review: • Review of cat ordinance Mayor Olson stated that an issue about cats came forward recently. Copies of LMC 6.16, Miscellaneous Animal Regulations, were distributed to the council for review. Emelie Eaton stated that a subcommittee of the Emergency Services Committee reviewed the issue recently. The subcommittee stalemated because an individual on the committee was adamant that the ordinance should be changed. The conflict came when the police department said the ordinances could be changed, but there was not manpower to enforce them. Emelie told the individual that she could not help him on that subcommittee because she felt the city would be opening itself up to a problem if there was an ordinance on the books that could not be enforced. The subcommittee fell back on the fact that some groups are willing to receive the animals. These groups include the Animal Welfare League and Help for Homeless Pets. There was a lengthy discussion regarding the issue. Bill Camphor, 119 East 5th Street, and Connie Camphor spoke at separate times regarding the cat issue at their house and neighborhood and what they can do to protect their dog. Chief Musson spoke regarding the issue, the inability to find the cat owners, the expenses involved with boarding animals, and the lack of manpower to enforce changes to the cat ordinance. Mayor Olson stated that there are more questions than answers regarding this issue. • Appointments: o Yellowstone Historic Preservation Board: Reappointment of Emelie Eaton to a two- year term ending 12/31/2010 The appointment will be on the December 2nd council agenda. o Police Commission: Reappointment of Wallace Hall to a three-year term ending 12/31/2011 5 Council Workshop Minutes of November 25, 2008 The appointment will be on the December 2nd council agenda. o Committee appointments A list of the current committee appointments and the proposed committee appointments was distributed to the council for review. The new appointments will be listed on the December 2nd council agenda for the council's approval. Other items There were none. Review of draft council Agenda for December 2 2008 The annexation request from Randall Swenson will be added to the agenda. A resolution approving the contract with COP Construction for the water intake lids will be added to the council agenda. Attendance at the December 2 2008 council meetml All five council members present will attend the December 2nd council meeting. Mayor Olson informed the council that Alex Wilkins was returning to Laurel this evening and would be present at the council meeting next Tuesday. Alex served in Iraq for thirty days and is excited to be home. Announcements Mayor Olson asked the Human Relations Committee to meet following the meeting. The council workshop adjourned at 8:26 p.m. Respectfully submitted, ". d-, Y- e? 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. 6 CrrY HALL 115 west 10 street City Planner: 628-4796 FAX: 628-2241 Water office: 628-7431 To: Planning Board From: James Caniglia Subject: Zweifel Zone Change City Of Laurel P. O. Box 10 Laurel, Montana 59044 lAIURFi. - The Zweifels seek to lift an agricultural open zoning designation and have their land rezoned to allow Suburban Residential which allows for five acre lots- The total amount of land that the owners wish to rezone amounts to 40 acres. The land is bordered by agricultural open on three sides and is bordered by unzoned land to the south. The general location of the property is the northwest corner of the intersection at Magelssen and South Laurel Roads. Most of the land bordering the property is being used for agricultural purposes, the Zweifels have approximately two dozen cattle on their land. Page 6 of the Growth Management Plan under the section "Land Use," offers some insight into City of Laurel goals in terms of development. Strategy Number 4 states "Support concentrated development with access to central water and sewer systems." Strategy number 6 states "Encourage the preservation of good farmland and open space in areas that provide open space vistas or pedestrian/bike trail continuity through the purchase of development rights or other conservation processes." Strategy 7 states "Discourage residential, development in undesirable locations such as on prime farmland and potential prime farmland" A map of the Laurel area located under the "Natural Resources" section (between pages 3 and 4) shows the land as being prime farmland- Page 6 of this section reiterates the goal of "Discouraging the conversion of prime farm land to residential development." Another map of prime farmland follows page 6, but shows much less farmland as being prime, the Zweifel residence is not considered prime on this map. The zone change does not appear to be spot zoning as there are seven homes on similar sized acreage directly to the southeast on unzoned land. This land lies just outside of the Laurel Zoning Jurisdiction. However, it does open the door for us to be required to allow a similar zone change to all adjoining properties. The properties to the north, east and west are all zoned agricultural open. I recommend denial of this zone change request, a recommendation that the applicant was fully aware of before submitting the application. Allowance of rezoning will set precedence in the direct vicinity that is not in the best interests of the area in my opinion. Laurel is slowly being engulfed by low density county residences that severely hamper the long term livability and financial potential of the area. Rezoning such an area eliminates large amounts of farmland while providing little housing, housing that also requires automobile use for nearly all trips due to narrow county roads and proximately to services. Page 2 of 2 ------- Original Message ------- . From: Jim Evans Date: 10/14/2008 2:51:28 PM To: bsheridan@1aurel.nit.gov Subject: signs Bill, Sometime ago I contacted you about placing a interpretive kiosk at Riverside Park tell about the Nez Perce 1877 War and the Exile and Return of the Nez Perce people. It is a three sided Kiosk with the middle panel being yours to use to tell about Laurel and the area. I am processing the application for funding for the project and would need a letter from the City stating that you are willing to become a partner with the Nez Perce Trail Foundation in placing the Kiosk at the park. The only thing the city would be responsible for would in-kind labor in placing the kiosk in the ground and the planning of the information for the sign. Please send the letter to the below address. I plan to be up in the area sometime this year before winter sets in! If you have any questions please give me a call. Jim Evans Executive Director Nez Perce Trail Foundation 194 Hwy 28 • Salmon, ID 83467 208 940 0053 executivedirector nez ercetrail.net hftp://www.nezpercetrail.net/ I¦ ? 11/13/2008 Page 1 of 2 Bill Sheridan From: Jim Evans [jnl@rockinez.com] Sent: Tuesday, October 14, 2008 3:12 PM To: Bill Sheridan Subject: Fw: signs Ka Pao: Tuit I(l14 .q, .? Celebrating the 40th Anniversary of the National Trails System-1968--2008 ?J F, LJ ..ten 11/13/2008 I forgot to put these pictures in the letter. Jim