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HomeMy WebLinkAboutCity Council Minutes 06.19.1979Minutes of the City Council of Laurel June lg , lg7~q 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, Larry D. .Herman, at 7:05 p.m., on June lg, 1g79. COUNCIL MEMBERS PRESENT: Albert Ehrlick Bill Brennan Harold Burns Susan Carter Donald Meyers Terry Fink I Ervin Metzger COUNCIL MEMBERS ABSENT: Duane Behm I' INVOCATION: Invocation given by Alderwoman Carter. MINUTES: Minutes of the regular meeting of 6/5/79 approved as presented. I', Minutes of the special meeting of 6/12/78 approved as presented. CORRESPONDENCE: Letter from Laurel Chamber of Commerce protesting City Ordinance 62 concerning the off-street parking in Laurel. This letter was referred to the Street and Alley Committee. Letter from Agnes C. Crow, Senior Health Coordinator, requesting $2,000.00 from the City of Laurel Revenue Sharing Funds. The letter was referred to the Budget Committee. Letter signed by 28 property owners to the North and West of the Westside Subdivision who are concerned about several items in the proposed agreement with the developers, which is now pending. Letter from Bill and Bea Allen stating the problem they have with school children crossing their boulevard and making it difficult for them to grow grass there. They would like to put cement in this area. Motion by Alderman Ehrlick to allow the Allen's to put cement on the boulevard and any curb stop in the cement will have to be raised to ground level, seconded by Alderman Brennan. Carried with Alderman Burns voting "no,r' LIQUOR, BEER, WINE, AND GAMBLING LICENSES: The following licenses were submitted to the council for approval: The Caboose Beer, liquor, wine and gambling Laurel Superette Beer and wine Cheerio Bar Beer, liquor, and wine Speedy Mart ~~3 Beer and wine Speedy Mart ~~4 Beer and wine Palace Bar Beer, liquor, and wine Fraternal Order of Eagles Beer, liquor, and wine Little Big Men Pizza Beer and wine Safeway Store Beer and wine Board of Trade Bar Beer, liquor, and wine Thriftway Store Beer and wine Corner Pocket Beer Terry's Pizza & Beer. Beer Rapp's Card Room Beer and gambling Sonny O'Day Beer, liquor, and wine Harold's Beer Mug Beer Terry's Quik Stop Beer and wine Motion by Alderman Fink that the license requests be approved as presented, seconded by Alderman Brennan. Carried. i i I i I II 'i i i I I j i i i ~ ii i I I' i I I ~I i i I page 2 Minutes of the City Council of Laurel S I D 102: i RESOLUTION N0. 173g I A RESOLUTION DECLARING IT TO BE THE INTENTION OF THE ~I COUNCIL OF THE CITY OF LAUREL, MONTANA, TO CREATE ~~i SPECIAL IMPROVEMENT DISTRICT N0. 102 DESIGNATING AND I, DESCRIBING THE NUMBER AND BOUNDARIES OF SAID DISTRICT, STATING THE GENERAL CHARACTER OF THE IMPROVEMENTS WHICH ARE TO BE MADE THEREIN, THE APPROXIMATE ESTI- MATED COST OF SAID IMPROVEMENTS AND THE TIME WHEN AND THE PLACE WHERE THE COUNCIL OF THE CITY OF LAUREL, I MONTANA, WILL HEAR AND PASS UPON ALL PROTESTS OF THE j MAKING OF SAID IMPROVEMENTS AND THE CREATION OF SAID i DISTRICT. I Motion by Alderman Meyers that Resolution No. 1739 be passed and adopted, seconded by Alderman Fink. Carried. ALBERT EHRLICK, STREET AND ALLEY COMMITTEE; reported on the meeting of June 12th and also mentioned that road work would start soon, but Dick was having a hard time getting road oil. Motion by Alderman Ehrlick that the minutes of the committee meeting of June 12, 1978, be entered into the record, seconded by Alderman Metzger. Carried. DONALD MEYERS, PUBLIC UTILITIES COMMITTEE: Motion by Alderman Meyers that the minutes of the meeting on June 6, 1979, be entered into the record, seconded by Alderman Ehrlick. Carried. BOB BURNS, NEW FIRE DISTRICT: Turned this matter over to Dave Powers,. who outlined the proposed new fire district. It will not be known until about the end of July if this new district will be accepted by the majority of property owners living in the area. Horaever, it is expected that the majority will want this district and Dave Powers asked, and was granted by the Council, permission to negotiate a contract for fire service with the district provided by the City Fire Department. CURT McKENZIE: reported that Date Avenue between 5th and 7th Street is badly broken up and needs repairs. This was caused by the contractor of SID No. 100 who constructed a storm sewer and did not properly restore the surface to its original condition after completing the job. Mr. McKenzie will meet with Leon Howe, from Sanderson/Stewart/Gaston, on Friday to discuss a solution to this problem. Reported that the State Public Service Commission has requested the City to supply them with service area mapping for our water and sewer lines. Reported that Bernhardt Road is in poor shape where Lockrem Construction Co. installed a sewer line and did not restore the surface to its original condition after completing the job. Again, Mr. McKenzie will meet with Leon Howe from Sanderson/Stewart/Gaston fog the project to find a solution to this problem. It was mentioned by some members of the council that the City take a hard look at the engineer for Special Improvement Districts. It appears that Sanderson/Stewart/Gaston have not been doing their work properly by making sure that the contractor is doing the construction according to the specifi- cations and contract agreement. The Mayor, with no objections from the Council, instructed Curt McKenzie to inform the engineering firm that if their work is not satisfactory that they will be denied contracts in the future. II I i I i I 'i j I I I I i i I~ Iii i I i„ j i I I ii ~I f page 3 Minutes of the City Council of Laurel KEN BEVEN, BN WATER LINE: During the past several months the City has been working with Burlington Northern in order to resolve water line service to their area and the Nutting Subdivision. Both the City and Burlington Northern have gone about as far as they can go on negotiations and an agreement has been drawn up by Burlington Northern. In reviewing this agreement, the City Attorney has suggested two changes be made. On page 2, paragraph I, granting the City an easement for an existing 10-inch water line, should include the right to maintain, .repair, and replace the water line. I On page 3, number 4, should state that the City will provide the tap, I I!, but the connection thereafter will be made by the property owner. ~I The City would like access immediately to the railway right-of-way for II construction of a storm sewer. The railway is not in a position to give the easement now, but they are willing to grant a right=~of-entry at this time. There is one provision in the right-of-entry that if the City takes favorable action, the railway will file a petition with the Public Service Commission asking to be relieved of the action taken by the PSC making the railroad a public utility. The easement will require a payment of money, but at this time an amount has not been determined. The Council felt uneasy about this, but gave the Mayor conditional approval to sign the agreement with the idea that the easement payment will be a nominal amount. Motion by Alderman Ehrlick to give the Mayor authority to sign the agreement, which would include the two changes mentioned above and with the intention that the easement payment will not be absorb~nt,seconded:b~r Alderman Meyers. Carried. It was brought to the attention of the Council that William Bernhardt's name was not included in the Public Utilities' Committee meeting of Mareh 24, 1979, and the council minutes of May 1, 1979, on page 3 under Public Utilities Committee. This will correct that error. ORDINANCE N0. 665 BEING AN ORDINANCE LIMITING CITY WATER SERVICE OUTSIDE OF THE CITY LIMITS Motion by Alderman Meyers that Ordinance No. 665 be passed and adopted, seconded by Alderman Burns. Upon taking a roll call vote, all aldermen present voted "yes." Carried. ORDINANCE N0. 666 BEING AN ORDINANCE PROVIDING FOR THE REGULATION OF TRAFFIC AND PARKING BY POSTED SIGNS, AND DECLARING AN EMERGENCY THEREFORE. Motion by Alderman Metzger that Ordinance No. b66 be passed and adopted, seconded by Alderman Burns. Upon taking a roll call vote, all aldermen present voted "yes." Carried. MAYOR'S COMMENTS: He mentioned that the deadline for getting on the agenda will be at noon on the Friday preceeding the council meeting. This will allow more time to prepare it and mail to the Council on Friday afternoon and also to be available for others that are interested. i i I ~ i i I i i i j i I I ~ I ~ I ~ i r.. .nun m......~,,, gum m manes mm r,.: _ ....I I I, i page 4 Minutes of the City Council of Laurel Requested Council's approval for permanent appointment of police officers Mike Atkinson and Larry Johnson. Motion by Alderman Meyers to accept the appointment of Mike Atkinson and Larry Johnson as police officers, seconded by Alderwoman Carter. Carried. Requested Council's approval to sign agreement for engineering services on the 7th Street Sewer Line which was approved at the June 5, 1978, Council meeting. Motion by Alderman Ehrlick to grant the Mayor authority to sign an engineering agreement with HKM for work on the 7th Street Sewer Line, seconded by Alderman Fink. Carried. COMMENTS FROM THE AUDIENCE: Inez Vaughn wanted to know what is being done about the Nutting rain. Tom Bradley said he did not think there were any funds left, but that he would talk to the County Commissioners about the problem. I There being no further business to e before the Council at this time, the meeting adjourned at 8:45 p.m. Dona d L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of July, 1979.. / ry D. Herman, Mayor- TTEST Donald L. Hac mann, City Clerk i i I I i I I i i i ~i ~ i~ i I I i I I i II I i i li i i i l i We. I i i i~ it s Honorable Mayor Larry iierisan Chairman Laurel City C ouncl 1. bt June 12,1979 Laurel wout. John Hawley Smitb,Chairman. Laurel-YellowatonewCity County planning board. L? : . Gentlemen# This letter is in refero©as to proposed passage of an agreement by and between the City of Laurel and peter L,Pcterson,-Tohn G. ftdk,Leltoy D.T,vek and Leslie H. »uek, comserning the master planning of Testaide Subdi vis on* The property marmers to the North and meet of this propsed Sub- divi son have had several veetiage-w 'th regar?to this Subdivison and the impact it will have In this sears area . We are concerned with several items In the proposed agreement which to now pending your final approval. To be more speelflei The Items in the agreement wherein the sub. divler agrees to make Street Improvesents,Seetion A Paragraph (.) two, Also Section A Paragraph (3)flve. This pauragraphwIn part,oomerns the sonstrustion of a store sewer to facilitate the removal of surface drainage grater which Is eorrestly anticipated by the subdivider to be a probleve in the proposed subdividoe, The subdivider In waiving his right to protoot any future storm .*ever construction for the remainder of the subdizison after phase (1) snow which Is assuming to be financed by a speclal Improvement bowl vrhish the City of Laurel will be guaranteeing at a future date. We are further concerned for the agreement as written is implying that the City of Laurel will create at some future date another sposial improvement distri.e North and Vest of the proposed subdi:vison to eon- struot ample storm newer drainage facilities. As this portion of the agreement Is vague In its di.saarlytion of 4b these propertya, and the projected soot of this project, even though in than future, we are to doubt as to the Inclusion of this area, to the agreement eement as It stands, It is our understanding there was some dissuasion concerning the also of the drainage pipes because of the future expansion possibilites North and West of the proposed subdivl sops. Is regard to the creating of a Speelal Improvement Diatriett for thepurpose of building a storm sewer In the Westslde Subdivisontwo the below named property owners do not wish to participate in any such Special Improvement District. To explain furthereit Is the City of Laurels responsibility to anticipate and plan for growth as it is the developers responsibility to carry Out tbt ree00100MUtions of the City if it wishes to develope this property. The City should accept a portion of this financial burden Alen with the developer in preventlag Inadequate sizing of this drainage system. (3) To suradse that tits properties North and Vrest Of the Westside Subdivison will be developed Is more speculation and possibly premature, eves with the aatlsipated, growth predictions postulated with numerous studied and recommendations, T ' RE;WESTSIDE SUBDIVISM-LAUREL L ' (4) ]Kush of the land North and West of the proposed subdiviion is surrently being farasd by irrigation. It is soanon in tkin area to have some runoff of waste water whisk is nos being taken ears of by EXISTING,USED,DRAINS, some natural and none mannads, In the event the owners of this proposed SubdiTisom alter or obstrest any of these new existing drains, the property owners North and West of this proposed Westside SubdiTison diselain any and all liability for flooding. FILE. NAM ACRES ADDRESS OWNED /Joe .. '., ...,....__ .,. 2 ?- 0 C, c? ! Ao" -? 9-7k- A91zt???- r !) s t RE;IWSSTSIDE SUBDIVISON-LAUREL ADDRESS 7 8 d L zvt? 2 7 - ACRES OWN!F s sa NA ME 419 Colorado Ave. Laurel, Montana June 15, 1979 Attention: Laurel City Council We have had a problem with the students from the Junior Hi- schocl running across the boulevards and our yard for the past fifteen ,years. We have kept them from destroying our yard with a temporary fence during school season. We cannot keep them from running across the boulevard. Every year we have had to re-seed the boulevards, but it is impossible to keep ordinary grass grow- ing there. The dreund becomes so hard and packed with that many people running over it, there is nothing you can do with it. The north and of the west boulevard and the west end of the north boulevard gets the most traffic. About ten years ago we ordered some plugs of a new type of grass, which is suppose to withstand more walking; on. (I think the name of it was suza grass). We have two small area's started in cur back ,yard. We have tried to start this grass several times on the boulevard and in the front yard, but it was tramped to death before it had a chance to grow. This spring we transplanted three fair sized squares on the west end of the north boulevard, as a tentative procedure, to ascertain how much abuse this type of grass could endure. We would like permission, if it becomes necessary to put a temporary fence around this area, during the fall and spring school season, to give this grass a chance to get started. Nothing; can get started growing if you are going to tramp on it right away. The directions for transplanting this grass said to use three inch plums, but this year we transplanted 20 inch squares, and it locks like it :night get started. It does seem to be a more durable type of grass, it forms a thick carpet and prows on runners. We could do the same thing on the west boulevard, but we would definitely have to put up some type of barricade until the grass got started. We could put in cement on the west boulevard, between the trees. We have-tc leave a fair amount of space around the trees, or we will run into problems with the tree roots. It may become neces- sary to put bark around the trees. This would have to be determined later, when we find cut if the students will cross the boulevard on the cement or on the small area of grass around the trees. We would gladly put in the cement for their convenience to cross the boule- vard, however this could lead. to a lottering area.fer them, and we would not appreciate that to much, as they are inclined to litter and leave all their candy and gum wrappers, pop cans, cigarette butts, etc behind, which we have plenty of with just their passing by. Another slternative mi-,ht be to put in a row of Pyramidal Yew, between the trees, which crows about li foot tall, stays green the year around, and plant grass or ground cover on each side of it. Shrubs and trees do filter the air and are more attractive than a slab of cement. rY_ ? With the present circumstances the city's boulevard is in a constant state of deteriorated appearance, and we would like to do something, to improve this condition, but we don't want to spend the rest of our lives re-seeding grass. We definitely want permission to put in a ).?, x 91 walk, on the west boulevard, for cur own convenience of front door entering. We are in the process and ready to pour a new strip of side- walk in our backyard. We will aapreciate any sug?esticns and de- cisions the council makes as to what we can do to improve the ap- pearance of the boulevards. We will be waiting to hear from you at your earliest convenience. ncere 1 , ? j J Bill and Bea Allen M I N U T E S STREET & ALLEY Committee Date June 12, 1979 Time 5:00 pm Place of meeting City Hall A. Members present: Chairman Albert Ehrlick Duane Behm, Paul Gjefle H. Others present: Dick Metzger _ A quorum (3 or more) present, the followinf' action was taken by the comrrA tt.ee : 1) STREET MAINTENANCE: Dick ordered 2500 yds 112" road material, 2500 yds 3/411 road material, 2000 yds stone chips, 600 yds pitrun. Street patching will begin as soon as possible. Vote: _yes no 2) DIAGONAL PARKING: Committee recommends diagonal parking at True Value Hardware. Vote: yes no 3) 4-WAY STOP AT CORNER OF PENNEYS AND THRIFTWAYS: Committee recommends enforcement of the 4-way stop at the corner of 1st Street and 1st Avenue. 4) 5) Vote: ___yes no Vote : ______yes -no Respectfully submitted : Chairman Member M 1 N U T E S PUBLIC UI1LITSf?. _-committee Date _June 6th Ti 5:00 P.M. Place of meeti.nly Ci A. Members present: Chairman Don Meyers Marv Ca .V in-13 -Curt---McKee H. Others present : A quorum (3 or more) present the following action was taken by t:he comA tt.ee: l) RAISE IN WATER RATES: scusse raise n water rates. Gave permission to start getting ready to present to Council. Motion by Carter and seconded by Meyers. Carried. Vote: yes no 2) SEWER LINES: Mot on by Carter before City takes over any sewer lines they will be televised by the developer. Seconded by Meyers. Carried Vote: --Yes no 3) Vote : yes no 4) Vote: ---Yes no 5) Respectfully submitted: Don Me er S , Chairman , Member .11 x A Z .: a T TMTMT^%T TO: City Council, and City Clerk City of Laurel, Montana The undersigned persons hereby protest the proposed SPECIAL IMPROVEMENT DISTRICT NO. 103 that is scheduled for a hearing before the City Council of the City of Laurel, Montana, and request that their properties described below be removed from within the boundaries of the said SPECIAL IMPROVEMENT DISTRICT. In support of this petition, the protestants respectfully show: 1. The boundaries of the proposed SPECIAL ASSESSMENT DISTRICT NO.103 includes the below described property in the City of Laurel, Montana. 2. The undersigned are the legal owners of the said property. 3. The undersigned protest such proposed improvement district and special assessment on the grounds that llth Street West and portions of 4th Avenue bounded by Blocks 9 and 10 of Laurmac Subdivision, Amended, are already improved,-in addition to Laurmac Lane, City of Laurel, Montana. WHEREFORE, the undersigned pray that the City Council find that the objections and grounds stated above are supported by the evidence and that all property described below be excluded from the SPECIAL IMPROVEMENT DISTRICT NO. 103. NAME A. C. . ;S ADDRESS / SUBDIVISION Z,9 akM 14 0- BLOCK NO. LOT NO. 9 i4 /g- E /3 ?K w e-l ,?- _ 15 :-Iq ??. rya ,?? ?:.? •.? :?_-?. .? ; ± ??' ?, ; .c . j j ?-? ? , ?LLOQ•rLJ ?v d- v s / Al/ / 13 ?? d / Games 7 7-4 S77, a/ ?/es 7- 7- Sloe- XZ 12 ?(2f I 4-