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HomeMy WebLinkAboutCity Council Minutes 10.17.1995Minutes of the City Council of Laurel October 17, 1995 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Chuck Rodgers at 7:00 p.m., on October 17, 1995. COUNCIL MEMBERS PRESENT: Gay Easton Lonnie Kellogg John Minch Ron Marshall Albert Ehrliok Chuck Dickerson (late) COUNCIL MEMBERS ABSENT: Donna Kilpatrick Bob Graham INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular of October 3, 1995 as presented, seconded by Alderman Minch. Motion 5--6. meeting carried CORRESPONDENCE: Received an invitation from the Mid-Yellowstone Valley Habitat for Humanity for a house dedication on Sunday, October 15th at 1:00 p.m., ?08 Mulberry. Received a letter from the U.S. Department of Justice congratulating the police department on receiving a COPS Universal Hiring grant. Received the September minutes and activity report from the Yellowstone County Air Pollution Control Board. Chuck Dickerson arrived at this time. (7:03 p.m.) CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENT: The City Clerk's and City Treasurer's financial statement for the month of September was presented. Motion by Alderman Marshall that the City Clerk's and City financial statement for the month of September, 1995, be approved, Alderman Easton. Motion carried 6--0. seconded by LAUREL UNDERPASS STORM DRAINAGE: Jim Flisrand presented to the council a copy of a letter from Mr. Weed, District Engineering Services Engineer from Montana Department of Transportation regarding the city council's environmental concerns over approving the connection of the proposed Laurel underpass drain line into the existing city's 60" storm drain. Jim went over the three concerns that he had addressed to Morrison-Maierle and the state after the last council meeting. The first concern was the underpass drain being heavily sanded throughout the winter months. MDT is now equipped and will be using "Freeze Guard" liquid deicer. The product is considered to be an environmentally safe liquid deicer and is currently in use statewide for deicing roads and bridges. By using the liquid deicer, it will not totally eliminate the use of normal sanding materials and a sump will be provided in the system to allow periodic clean out of sand and other debris collected from the underpass area. The second concern was the accumulation of residue, oil leakage, and other miscellaneous items associated with the state highway and city transportation. The new drain line would only service the existing underpass facility. The only residue generated by this project would be associated with normal highway and railroad traffic and any residue flushed in from adjoining local city streets and facilities. The project will eliminate the every day standing water and the resultant washing action on the under carriage of vehicles. This washing action has been a big factor in the vehicle residue deposited on the underpass area. It would be anticipated that the residue generated from highway traffic would be significantly reduced from what has been experienced for the past several years. Once the new system is installed, it is not anticipated that the underpass area would produce any more residue than any other streets in Laurel. The third concern was the environmental liability to the city due to the discharge at the river. According to the Federal Register, only communities with a population of 100,000 or more are required for treatment of storm sewer drainage. Jim checked with the State Water Quality Bureau and learned that all other communities were originally scheduled to abide with treating of all storm water discharged into rivers and streams by 1997. However, the program has not Minutes of the City Council of Laurel Page 2 Council Meeting of October 17, 1995 been approved at this time. The Montana State Water Regulation does not allow any contamination of streams or rivers. So regardless of the federal regulations, if it is proven that the river is being contaminated from the storm outfall then the city would have to find the source and eliminate it. Mr. Weed stated in the letter "While it is difficult to perceive what will occur regarding this subject for the next ten years, I believe it would be in the best interest for both Montana Department of Transportation and the City of Laurel to work together on this matter when each individual situation arises." The city was concerned that the state underpass structure will now be dumping into the city's system and being discharged into the river. The city may be liable for possible contamination. Mr. Weed feels there will not be any additional contamination from the underpass~ not any more than from city streets. Jim has asked Joe Leckie, City Attorney, to review the letter regarding the concerns and the copy of the Federal Register attached to the letter. He encouraged the council not to make a decision tonight, but to review the letter and the city attorney will give an opinion at the next council meeting. Mr. Weed, MDT, and Mr. Sielback from Morrison-Maierle were present to answer questions. · Alderman Kellogg asked if the design has been finalized? Mr. Weed stated the design has not been finalized. They are trying to find a methodology in which to treat and keep the underpass clear of water. The existing 15" gravity drain currently passing under the Cenex facility will be plugged and abandoned. Alderman Dickerson asked when the underpass would it be feasible for the city to use the to cut down on the accumulation of sand? is sanded and there is a melt-off, sweeper to clean the existing sand Jim stated that sweeping can be done in the winter months if the temperature approaches the mid-twenties. The standard temperature is twenty-five to twenty-eight degrees or warmer, below that the sand is actually frozen to the ground. Mr. Weed mentioned another possibility would be a sump. Residue that is collected from the street would go into the sump before being pumped out into the storm drain system. The sump would be cleaned out periodically. Alderman Marshall asked who that are made? What portion share in the cost? will share in the cost and financing improvements will the state pay? Is the city obligated for any Mr. Weed stated the project is being sponsored by the state and Cenex. There is no obligation to the city. Alderman Marshall asked what the time frame is for beginning the project? Mr. Weed said Cenex would like to get the project started as soon as possible. They are under pressure from the EPA to correct the situation~ due to their involvement with the current drain system. The state has a small submersible pump in the underpass pumping the water to the current drain system. EPA is working with Cenex to get it cleaned up by spring. The state and Cenex are waiting for a decision from the city council so Morrison-Maierle can continue work on the design. Alderman Easton asked how it may be dealt with if the project is not completed by the freezing weather this winter? Will the state be able to pump the water without having it freeze first? Jim stated that the pumping would need to be observed closely and pumped when the weather is thawing or after the thawing. It will have to be manned on an hourly basis, so when the weather freezes the pump can be turned off and the lines blown out. It could be a labor intense process, but it may be the only Alderman Marshall asked what type of system would be needed in the future for treatment of the storm drain and how expensive could it be? Mr. Weed hasn't had any association with the treatment of any storm sewer drainage but he doesn't feel it will be a problem in the future. Page 3 Council Meeting of October 17, 1995 Minutes of the City Council of Laurel into the river. He doesn't foresee a mechanical treatment process being required. Mr. Weed has concurred that the State of Montana Department of Transportation will work with the city, when and if a situation such as this arises. They are trying to get this situation worked out as a community project to the satisfaction of everyone concerned. Some of the proposals that they have had show cost estimates ranging from several million dollars down to several hundred thousand dollars. The cheapest would be to go the shortest route and utilize the existing 60" storm drain. They are anticipating a five year storm design will adequately fit into the storm drain with its current capacity. If there is a situation where the storm drain is at capacity~ the excess water will flow from the city streets into the underpass and then into the storm drain. The entire network is part of the storm drain system. Alderman Marshall asked if there has been any plans of renovating or replacing the underpass? Mr. Weed stated there is no project planned at the present time. Mayor Rodgers asked if there was a proposed date to start the project? Mr. Weed said there is no specific date. They would appreciate a reply from the city council as soon as possible. It would be appreciated if a decision was made at the next council meeting so Morrison-Maierle could continue on the design or work on an alternative idea. Mayor Rodgers asked the council members to review the project and have a decision at the next council meeting. The Laurel underpass storm drain will go on the agenda for the next council meeting. Alderman Marshall asked Mr. Sielback to give a synopsis as to what has been developed. Mr. Sielback stated they made a preliminary study and report and came up with four different alternatives. One was a gravity line that they now have which would cost approximately a million and half dollars with construction costs running approximately $250.00 a foot. This wasn't very economical or reliable. The one they ended up with is what is called alternative ten in the study. There would be a lift station somewhere around the underpass. An option is putting the pumping pit at the bottom of the underpass, the sidewalk area, or put a line in and take it by gravity out to East Railroad Street. Put in a twenty to thirty foot lift station then a force main about fifteen hundred feet going east and tying into the 60" storm drain where it comes across Colorado Avenue. This appears to be the most economical and feasible option at this time. Mr. Weed gave a little history on the current storm drain line. It was originally installed around 1933 or 1935. It was a fifteen inch clay tile pipeline. In 1955, a twenty-five hundred foot stretch of fifteen inch corrugated metal pipe was installed to bypass the bad section. The remaining part of the pipe, up to the underpass, is still the original 1935 pipe. Re noted that Morrison-Maierle has done an excellent job in pin pointing the various alternatives to rectify the situation and maintain the underpass~ which is a vital situation as far as safety and all aspects are concerned. COMMITTEE REPORTS: --Budget/Finance Co~mittee minutes of October 3, 1995 were presented and reviewed. Motion by Alderman Marshall to of October 3, 1995, into the record, 6--0. enter the Budget/Finance Committee minutes seconded by Alderman Minch. Motion carried --Buildin~ Committee minutes of August 10, 1995 were presented and reviewed. Motion by Alderman Kelloe~ to August 10, 1995, into the record, carried 6--0. enter the Building Committee minutes of seconded by Alderman Dickerson. Motion --City Council Committee of the Whole minutes of October 3, 1995 were presented. Motion by Alderman Dickerson to enter the City Council Committee of the Whole minutes of October 3, 1995, into the record, seconded by Alderman Minch. Motion carried 6--0. Minutes of the City Council of Laurel Page 4 Council Meeting of October 17, 1995 Cai Cumin pointed out the request for a land use variance at 420 4th Avenue to allow the reopening of a building that was commercial use several years ago as a grocery store and then a print shop. The people that are interested in the property would like to reopen it as a barber shop and massage facility. The property is zoned residential. It was grandfathered into the ordinance that when the commercial use was discontinued then it would revert back to residential use. The people now interested in the property would like to reactivate it to commercial use. This requires a land use variance from the zoning commission. Cal recommended denial but the City-County Planning Board recommended approval. The major concern would be neighbors that would object to the reopening of a commercial use. All the property owners within 300 feet were notified by mail and the public hearing at the City-County Planning Board was held last Thursday and there were no objections. The City-County Planning Board recommends that the council hold another public hearing with the planning board's recommendation being published as approved and then make a decision. Alderman Minch asked Cal why there is a need for a second public hearing if everyone was notified? Alderman Kellogg answered the question by stating that even though everyone has been notified, someone may protest it at a later date by coming to the council. It is up to the council whether or not they want to hold a second public hearing. There were several neighbors present at the city them were not present at the City-County Planning express their favoritism toward the business. council meeting. A couple of Board meeting but wanted to Vickie Walton presented a petition signed by neighbors within the 300 foot area which approved of the land use variance. There were no neighbors that were opposed to it. Chet Blaylock, 502 3rd Avenue, stated that he has no objection to the business. He lived in the neighborhood when it was a grocery store and also when it was a print shop. He said there were no problems as far as the neighborhood was concerned. He understands Alderman Kellogg's statement that if this is approved at this time, there may be objection at a later date. However, Chet stated that the new owners would like to start remodeling while the weather is still nice and begin business as soon as possible. He would like to see it approved tonight. Motion by Aldermap Dickerson to forgo another public hearing and grant a land use variance as requested, seconded by Alderman Minch. The petition was signed by approximately 75% of the home owners. There were thirty names within the 300 foot area and the petition has twenty-one signatures. There was no one objecting to the land use variance. A couple of the neighbors could not be found at home and a few homes had renters in them. Barb Mcleod, 512 4th Avenue, stated she knows the people who want to begin the business. They are people who maintain and keep up their homes. She welcomes anyone to the neighborhood who will improve the area. She doesn't see a problem with traffic or having the business in the neighborhood. Gordon Hallen, 411 4th Avenue, stated he can see an improvement with the new ownership of the building and would like to see it passed tonight. Me said there have been problems with the residence being a rental. A vote was taken on the motion. Motion carried 6--0. Cal Cumin stated for the record, "this issue of the petition, I didn't apply it to the planning board meeting". Ike Schessler called him six weeks ago and Cal told him the big issue would be the neighborhood and to get a petition. The petition was not done at that time. Mayor Rodgers mentioned that when issues of this nature come up, can direction be given to the people? When they request a change, let them know they have to go to the City-County Planning Board, get a petition to present and inform them right away that if there is question at that meeting, they are going to have to continue on to the city council for a second hearing. Minutes of the City Council of Laurel Page 5 Council Meeting of October 17, 1995 Cal Cumin stated yes, that is what we told them. Mayor Rodgers said it was brought to his attention that they were not informed that there would be a need for a second public hearing. Cal stated he received a call, in the beginning, from the buyer and told him he would have to go through the land use variance process. Cal also received a call from Ike Schessler and told him the process was to go before the City-County Planning Board and the city council for a land use variance. Cal pointed out, to him, the big factor in a request change would be the opinions of the home owners in the neighborhood. He suggested a petition. Cai noted with all zone changes and variances, the planning board acts as a zoning commission and holds a public hearing which is advertised in the newspaper twice, fifteen days ahead of time. The planning board then makes a recommendation to the city council. The city council has an option to hold another public hearing which is published in the newspaper with the recommendation from the planning board. Cal noted the planning board is strictly an advisory committee. He does not tell anyone they will have to go through two public hearings because it depends on the situation. It is designed for the benefit of the city. Miles Walton stated that when they inquired about the land use variance they were given the application and told to go to the county assessor. They needed the names and addresses of people within the 300 foot area. There were three different steps to go through to make sure everything was right. They were not told to go talk to these people or have a petition signed. Cal said it is not his position to tell them how it politically works. The application process requires the 300 foot listing of names and addresses. When Ike Schessler asked him what the politics were to getting this approved, he told him that the issues that come up with these changes are public objection. said it isn't his job to tell people how to work an application and to get everyone's signature if they want it approved. Miles Walton noted that Cal asked for the petition at the City-County Planning Board but had never suggested to them to get one. Cal said the petition would have been a benefit to the planning board and the city. Therefore at the planning board meeting, he asked them to get one for the city council meeting. They can see the benefit it had. In order to bring the issue before the city council, a written petition is more beneficial then saying you have already been around the 300 foot area and talked to the home owners. Miles Walton pointed out that if they had been told to get a petition signed, it would hsve saved time instead of going around to the home owners twice. Cal said the application function of the city to signed. is complicated enough and doesn't think it is the suggest it would be a good idea to get a petition Proposed chan~es/additions in the zonin~ Ordinances: Cal noted the planning board is still working on the and zoning ordinances. They are continuing to refine bring them before the council. changes to the subdivision the two ordinances and then Motion by Alderman Dickerson to enter the City-County Planning Board minutes of October 12, 1995, into the record, seconded by Alderman Ehrlick. Motion carried 6--0. --Garbage Committee minutes of October 16, 1995 were presented and reviewed. Motion by Alderman Ehrlick to enter the Garbage Committee minutes of October 16, 1995, into the record, seconded by Alderman Dickerson. Jim Flisrand commented on the request from Big Sky Wood Crafters for a reduction in their garbage rates due to a reduction of usage. He noted that they have changed their process and are recycling. Me assumes there is a reduction but needs to verify to make sure it is a reasonable request. A vote was taken on the motion. Motion carried 6--0. Minutes of the City Council of Laurel Page 6 Council Meeting of October 17, 1995 --Police Committee minutes of October 7, 1995 were presented and reviewed. Motion by Alderman Marshall to amend the dispatch policy manual and allow dispatchers to wear jeans, seconded by Alderman Ehrlick. Motion carried 6--0. Motion by Alderman Marshall to enter the Police Committee minutes of October 7, 1995, into the record, seconded by Alderman Dickerson. Computer software; Don Hackmann asked Mike Atkinson if they are considering going out for bids the computer system since the projected cost is over $20,000.007 on Mike stated he is currently waiting on a person from the Department of Justice which is working on a software package. This person is hard to get a hold of. Mike would like to see what the new software program will do with this system and wants this person to come and look at it. Dispatchers - Wearing Jeans: Don asked if a resolution will be needed to adopt the dispatchers? the changes in the rules of Alderman Marshall stated there is a dispatcher policy manual that will be changed. Mike mentioned he does not mind the dispatchers wearing jeans. They were allowed to wear them until a couple of years ago when one employee was wearing jeans with holes cut in them and commented that he could wear what he wanted. Because of this one person, jeans were not allowed. He noted the dispatchers will consider the neatness of the jeans that they wear, therefore it is being approved again. A vote was taken on the motion. Motion carried 6--0. --Public Utilities Committee minutes of October 16, 1995 were presented and reviewed. Voluntary Goodwill Program Alderman Dickerson commented that the committee recommends additional time to review the Voluntary Goodwill Program policies from the four cities of Missoula, Butte, Great Falls and Billings. They would like to consider the affect it may have on the budget. They will vote at the next utilities meeting and then present it to the council. The next Public Utilities meeting will be on November 13, 1995 at 5:30 p.m. Motion by Alderman Dickerson minutes of October 16, 1995, into Motion carried 6--0. to enter the Public Utilities the record, seconded by Alderman Committee Marshall. --Water Reservoir Steering Committee minutes of August 8, 1995 were presented and reviewed. The committee has made no recommendations at this time on the offer from B Bar S Partnership. Jim is checking with Morrison-Maierle and H.K.M. on other sites that may be feasible. Motion by Alderman Kellogg to enter the Water Reservoir Steering minutes of August 8, 1995, into the record, seconded by Alderman Motion carried 6--0. Committee Dickerson. CO~ENTS FROM THE AUDIENCE: None APPOINTMENTS: None MAYOR'S CO~ENTS: Mayor Rodgers stated the Personnel Committee will be working on a resolution for job classification on non-union positions. They are also looking at a utilities superintendent position and a maintenance superintendent position. They will try to present this to the council at the next meeting. There being no further business to come before the Council at this time, the meeting was adjourned at 7:55 p.m. Minutes of the City Council of Laurel Page 7 Council Meeting of October 17, 1995 Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 7th day of November, 1995. Attest: Donald L. flackmann, City Clerk Charles Rodgers,