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HomeMy WebLinkAboutCity Council Minutes 09.01.1998MINU'TI S OF THE CITY COU'NCIL OF LAIJRi L September 1, 1998 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 September 1, 1998. COUNCIL MEMBERS PRESENT: Dirk Kroll Ken Olson Gay Easton Bill Staudinger Miles Walton Norman Orr Bud Johnson COUNCIL MEMBERS ABSENT: Gary Temple MINUTES: Motion by Alderman Easton to approve the minutes of the regular meeting of August 18, 1998, as presented, seconded by Alderman Johnson. Motion carried. CONSENT ITEMS: a. Claims for the month of August. Correspondence Robert P. Allen Kurt P. Baltmsch Randy Charles Joseph M. and Cheryl R. Heins Jeffrey and Milka Love Randy and Bette Strever Laurel Chamber of Commeme Montana League of Cities and Towns The mayor asked if there was any separation of consent items. There was none. Motion by Alderman Walton to approve the consent items as presented, seconded by Alderman Johnson. Motion carried. SCHEDULED MATTERS: Confirmation of Appointments. None. b. Coramittee Reports. --Budget/Finance Committee minutes of August 18, 1998 were presented. --City Council Committee of the Whole minutes of August 18, 1998 were presented. --Laurel Aimort Authority minutes of July 28, 1998 were presented. --Parks Committee minutes of August 27, 1998 were presented. --Street/Alley Committee minutes of August 20, 1998 were presented. Motion by Alderman Johnson to enter the committee minutes into the record, seconded by Alderman On'. Motion carried. c. Fred Wennemar - Lions Club Fishing Derby, September 12, 1998. Fred Wermemar, a member of the Laurel Lions Club, requested permission for the club to hold their 2"a Annual Roaring Lions Fishing Derby at South Pond on Saturday, September 12th . They have received approval from the Montana Department of Fish, Wildlife and Parks and have a liability insurance policy to cover the event. Registration will be from 9:00 to 10:00 a.m., classes will be Council Minutes of September 1, 1998 held from 10:00 to 11:00 a.m., and the derby runs from 11:00 a.m. to 3:00 p.m. Food will be served and there will be fish planted for the event. The Lions Club raised $300 for the park last year, and they are hoping that this year' s event will be even more successful. Miles Walton explained that the-Lions Club had requested permission for the event from the Parks Committee and the only question was whether they had liability insurance for the event. Motion by Alderman Walton to grant permission for the Laurel Lions Club to hold their Fishing Derby at South Pond on September 12, 1998, seconded by Alderman Johnson. Motion carried. Public Hearing - Zone change of Residential Tracts on SW ~A Section 1, T.2.S., R.24E, general location being the east side of Seitz-Ronan Road opposite of Montana meadows (Little Dude Ranchettes). Planning Board recommends denial. This being the time and place advertised, a public hearing was held. Cat Cumin explained that this site, Little Dude Ranchettes, was subdivided into five~acre tracts a couple of years ago. At that time, there were questions about water and traffic because the location is close to where the road meets the highway. He has now asked for a zone change so that the site can be re-subdivided into one-acre tracts. When he was first contacted, Cal told the representative that their number one problem would be groundwater. The Planning Board has debated the decision for a couple of months. Mr. Beeter had Roger Perkins come in and make a presentation based on Crystal Springs Subdivision, which is down the valley along the interstate. Roger's perspective was that there is enough groundwater there. Neighbors in Montana Meadows disagree with this analysis, as their wells are constantly dropping. Some studies were prepared and they were given mixed reviews. The Planning Board has recommended a one-year denial because it was not proven to their satisfaction that there is enough groundwater to support the zoning change. The U.S. Department of Agriculture is in the process of starting a one-year groundwater study in this area. In his rebuttal to the Planning Board, Mr. Beeter indicated that they are opening a test well. Cal stated that it takes a year for a test well to develop and he should have already done so. If the City Council follows the recommendation of the Planning Board and denies the request, Mr. Beeter could request the zoning change in a year. At that time, he will face two additional items. One item is park dedication requirements. The park dedication will be based upon the value of that existing subdivision, which is a tremendous amount of money. He will also have to do a traffic feasibility study on that site and that will be costly. Cal mentioned that many written protests have been received regarding this zone change. The mayor asked for the proponents wishing to speak regarding the zone change. Roger Perkins, a Water Resources Engineer, stated that he is neither a proponent nor opponent. Mr. Perkins distributed a letter that he wrote to the members of the Planning Board. The letter expressed concern regarding the decision to deny a zone change to Little Dude Ranchettes based on a groundwater study. Mr. Perkins stated that the basis of flow or movement of water through an aquifer is based on a law developed in the 1800's by a man named Darcy. Mr. Perkins explained that Darey's Law is the basis of all groundwater tabulations. He has done considerable work on measuring hydraulic conductivity in the Yellowstone Valley. They measured it specifically using ten well logs in Montana Meadows and two from Little Dude Ranchetres and found it to be 487 to 820 feet per day. The units are in feet per day, but that is not descriptive of the actual movement of the water through the aquifer, as it is actually slower than that. The slope of the water in an aquifer is generally very flat, being very close to the slope of the land. The slope is a measure of how gravity is pulling the water through the foundation. Using Darcy's equation, they calculate a flow of about 180,000 cubic feet per day, which is about 900 gallons per minute. Mr. Perkins strongly disagrees that adequate groundwater is not available and does not believe that it should remain in the record. Miles Walton questioned the 120-day period that was used for the analysis and whether or not the same readings would be received if the testing were completed over a one-year period. Roger explained that the recharge from irrigation occurs over a 120-day period. The wells reach a low in early spring and reach a high about 120 days later. When the water goes out and irrigation ceases, there is no recharge to the aquifer and the water slowly drains away over the rest of the year until it again reaches the low point. Miles suggested that we need to look ahead more than 120 days to see Council Minutes of September 1, 1998 what the long-range effects would be and how the aquifer would be recharged if the rural irrigation system were used less. Mr. Perkins stated that the recharge does not totally go away and will not do so in the next five years. He also said that there are drainage problems from too much water throughout this valley. He feels it is speculative to say that irrigation will disappear in the next five years. Mayor Rodgers asked if there were any opponents present to the zone change for Little Dude Ranchettes. Eighteen opponents raised their hands, and the following people spoke to the council. A1 Hicks, 2621 South Ramshorn Drive, said that Darcy's Law is not a law, but it is a theorem. He said that the DNRC well has never been tested and will not be tested for at least another year. A1 drilled it and it is located on his land. The well is them strictly for another program through the Montana Bureau of Lands to monitor water levels, not volume. He stated that Darcy's Law does not take into account depth to groundwater and the measurements are different at various locations. A1 said that they have never testpumped a well out in that area and he thinks they are just using theories. AI stated that he has done considerable drilling in that area and bases his theories upon those drillings. As you go to the east and the south in this area, the water table drops because of the change in the aquifer itself. A1 stated that the measurements used in the ten water well logs were inconsistent and their data cannot be used for approval of this zone change. He said that they have to put in a test well and do the proper tests so that the data will be correct. Bill Rodier, 2807 Buffalo Horn Drive, thanked the council for allowing him to speak on the issue. He is not an expert on water, but he wants the City of Laurel to go back to the basics. The number one basic is Mother Nature. He said that the huge cottonwood trees grow next to irrigation. He had five large cottonwoods on his property and has had to cut three of them down. A specialist told him that it was because the irrigation previously available has dried up now. He emphasized that Mother Nature is telling us that there is no morn water there. When they moved into their homes, Bill and his neighbors were told that there would never be any further development than the present tracts. He feels that Mr. Beeter defrauded the majority of the people who have purchased houses there in the last few years. Mr. Rodier stated that 85% of the people in the subdivision are against the rezoning of the Little Dude Ranchettes. He asked that we return to a democracy and let the wishes of the people determine the decision. Lila Carpenter, 1303 Deerhorn Drive, said that someone from the Bureau of Mines was at her house today. Since the end of June, they have been drawing air through the faucets during the peak usage times. This is the first time in ten years that they have had a water problem. She thinks that the traffic problem in the area is already bad enough. The Seitz-Ronan and Highway 10 intersection is getting very bad, and she thinks it will get worse when the new Shiloh interchange is opened. There is a daycare center that has 40-50 children and a church that brings in 100-200 cars during services on Sunday and Wednesday night. The chumh has future plans, which will bring in more traffic. Matt Johnstone, 1447 Ramshorn Drive, feels that Mr. Perkhis based much of his evaluation on speculation. The Planning Board is asking for a one-year denial in order to get some accurate readings. The zoning change would take ten five-acre lots and make them into 30 lots, a 200% increase. He said that the owners of a five-acre lot would probably not irrigate the whole lot. But if the lots are divided into one-acre lots, all the owners would irrigate their lots and the irrigation demands would be greatly increased. Lynn Jordan, 1219 Deerhorn Drive, has had water problems for the last two years. They live at the southernmost part of the subdivision at the comer of Deerhorn and Alpine View. Four neighbors have had to redrill their wells because they were sucking air. When he redrilled his well, they went down as far as possible and hit shale. If his water table drops any farther, he will not have any water, as he is as low as he cm~ go. When the first well went in, the water table was at 14 feet. When the new well was drilled, the water table was at 25 feet and his pump sits at 32 feet. The duplex directly south of them had to put in cisterns because they cannot get any more water. Another neighbor had to put in a cistern, too. The northern part of the subdivision has been hit hard and more housing would cause a considerably bigger problem. The mayor asked if any other opponents wished to speak. There were none. The mayor asked if any proponents wished to give a rebuttal. There were none. Cal Cumin clarified that Mr. Perkins had said that the Planning Board and Cal said that there was not enough groundwater out there and based their decision on that. He disagreed and said that Mr. Beeters did not ever make the case that there was enough groundwater. Council Minutes of September 1, 1998 Motion bv Alderman Walton to close the public hearing on the zone change for Little Dude Ranchettes, seconded by Alderman Kroll. Motion carried. The council will address the issue at the September 15, 1998 council meeting. Ordinance No. 098-3 Electing to Participate in the Municipal Police Officers' Retirement System (Statewide Plan) under Section 19-9-207, M.C.A., and Repealing all other Ordinances and Parts of Ordinances, or Code Sections in Conflict Herewith and Providing for the Effective Date of this Ordinance. (Second Reading and Public Hearing) ORDINANCE NO. 098-3 AN ORDINANCE OF THE CITY OF LAUREL, MONTANA, ELECTING TO PARTICIPATE IN THE MUNICIPAL POLICE OFFICERS' RETIREMENT SYSTEM (STATEWIDE PLAN) UNDER SECTION 19-9-207, M.C.A., AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES, OR CODE SECTIONS IN CONFLICT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. This being the time and place advertised, a public hearing was held. Mike Zuhoski said that the average age of the officers in the Laurel Police Department is 29 years. In the last five years, there has been a turnover of 15 people in the department. One of the reasons for this turnover has been the longevity of the 30-year retirement program. Laurel is one of five communities in the state that has a 30-year retirement in the Police Department. Mike Atkison started working for this change about five years ago and it was the priority for the Police Department this year. Mike has decided to make Laurel his home and believes that Laurel has a fine Police Department. He said that Laurel has six of the best patrolmen in Montana and also the best captain in the state. Rick Musson has been here for 15 years, Mike has been here for seven years, one policeman has been here for four years, and the rest have been here for less time. Mike feels that this would be a good way to keep the police officers in the City of Laurel and he thanked the council for their attention. Rick Musson stated that job satisfaction is very important to people. Not only do we want to keep people, we also want to attract qualified people. He has seen a decline in the number of POST certified people applying to the City of Laurel and feels that this will change with the 20-year retirement system. Although this retirement plan will not affect Rick very much, it will definitely help the new officers and those who have not been here as long. Jeff Fowler said that the 20-year retirement plan is a necessary thing for the police officers. Since police officers put their lives into danger every time they put on their uniform, he feels that a police officer should be able to retire after 20 years. Even though all the police officers were not present, Jeff stated that they all feel that the 20-year retirement is important. The mayor asked if there were any other proponents. There were none. The mayor asked if there were any opponents. There were none. Motion by Alderman Kroll to close the Public Hearing on Ordinance No. 098-3, seconded by Alderman Johnson. Motion carried. Dirk Kroll thanked Rick Musson, Mike Zuhoski and Mark Guy for their participation in seeing this program changed to a 20-year plan. Motion by Alderman Walton to approve and adopt Ordinance No. 098-3, seconded by Alderman Orr. A roll call vote was taken on the motion to approve Ordinance No. 098-3. All seven aldermen present voted aye. Motion carried. f. Ordinance on parking restrictions near schools. (First Reading) Council Minutes of September 1, 1998 ORDINANCE NO. O98-4 ORDINANCE ESTABLISHING PARKING LIMITATIONS AT THE MIDDLE SCHOOL. Motion by Alderman Johnson to approve Ordinance No. 098-4, seconded by Alderman err. Dirk questioned the reasoning behind the restriction in this ordinance. Gay explained that Marvin Carter requested that there be parking provided for people who go to the Middle School to visit the administration. Mr. Carter did approach the Street and Alley Committee regarding this matter. This space is currently being used by teachers for all-day parking, and it would provide 15-minute parking for visitors to the school. There will be signs posted for two parking spaces from the intersection of Fifth Street and Colorado, south 165 feet on the west side of Colorado Avenue. A roll call vote was taken on the motion to approve Ordinance No. 098-4. All seven aldermen present voted aye. Motion carried. The second reading and public hearing for Ordinance No. 098-4 will be at the next council meeting on September 15, 1998. g. Resolution establishing Volunteer A2nbulance Service compensation. RESOLUTION NO. R98-48 ESTABLISHING VOLUNTEER AMBULANCE SERVICE COMPENSATION. Motion by Alderman Kroll that Resolution No. R98-48 be passed and adopted, seconded by Alderman Johnson. Motion carried. Resolution authorizing agreement with Yellowstone Bank to finance communication equipment (Motorola Desktrac Repeater) for the FAP Complex. RESOLUTION NO. R98-49 AUTHORIZING AGREEMENT WITH YELLOWSTONE BANK TO FINANCE COMMUNICATION EQUIPMENT (MOTOROLA DESKTRAC REPEATER) FOR THE FAP COMPLEX. Motion by Alderman Johnson that Resolution No. R98-49 be passed and adopted, seconded by Alderman err. Miles Walton commented that the Ambulance and Fire Departments had been left out of updating the communication needs. He felt that these decisions should be made citywide instead of just by particular departments. He said that perhaps some expense could have been saved if repeaters had been installed at one time for all three departments. Rick Musson explained that a repeater is purchased with only one frequency and the other departments could not have been included on this particular one. After a lengthy discussion regarding repeaters and communication, it was agreed that the department heads shotrid have regular meetings to deal with issues and improve the communication between them. After the discussion, a vote was taken on the motion to adopt Resolution No. R98-49. Motion carried. i. Joint resolution with Laurel School District on Drug Task Force. RESOLUTION NO. R98-50 JOINT RESOLUTION WITH THE LAUREL PUBLIC SCHOOL BOARD FOR THE ESTABLISHMENT OF A JOINT TASK FORCE. Motion by Alderman Johnson that Resolution No. R98-50 be passed and adopted, seconded by Alderman Staudinger. Counci I Minutes of September 1, ! 998 Bud JohnsOn commented that this joint resolution between the City Council and the Laurel School Board is a tremendous step forward in regards to the drug issue in Laurel. Rick Musson said that the Police Department would be increasing their participation in this issue in various ways in the next few weeks. Miles Walton said that the council needs to support the Police Department 100% to help them use the resources that are available to fight the drug problem in Laurel. Dirk Kroll emphasized that the educators also need to be involved in teaching people the effects of drug use. After the discussion, a vote was taken on the motion to adopt Resolution No. R98-50. Motion carried. Mayor Rodgers stated that the first step was taken when the community came forward and acknowledged that there is a problem. Now the community wants to do something about the problem. The mayor thanked Ken Olson and Bud Johnson for volunteering to serve on the Drug Task Force. UNSCHEDULED MATTERS: Cat Cumin mentioned that the county has appointed him to the Oversight Committee for the West End Plan for Billings. Mayor Rodgets encouraged the council to visit Powell, Wyoming, to see the improvements that have been made in their business district. Three years ago, it was similar to Laurel's business district and many recent improvements have made a big difference. The improvements were done through the merchants in Powell. There being no further business to come before the council at this time, the meeting was adjourned at 8:20 p.m. Cindy AlleL;~c~Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this fifteenth day of September, 1998. Charles Rodgers, M~yor~ Attest: Donald L. Hackmann, Clerk-Treasurer 6