HomeMy WebLinkAboutCity Council Minutes 09.19.1978 Minutes of the City Council of Laurel
September 19, 1978
~ regular meeting of the Laurel City Council held in the Council Chambers
and was called to order at 7:01 p.m. by Larry D. Herman~ Mayor, with the
following present:
Ervin Metzger Tom Kilpatrick
Ron Massey Bob Burns
Don Meyers Albert Ehrlick
Chuck Rodgers
absent: Sue Carter
Pledge of alliegance and invocation by Paul White, Associate Pastor of the
Assembly of God Church.
Minutes of September 5th meeting discussed. Question on claims paid for
audit. Minutes approved.
BIDS FOR WASHINGTON AVENUE WATER LINE:
Quotations received from ITT, Northwest Pipe and Waterworks Supply Co.
and were turned over to Dick Metzger for review.
MPDES PERMIT N0. MT 0020311 COMPLIANCE SCHEDULE FOR WATER PLANT RENOVATION:
Letter from Department of Wealth & Environmental Sciences received wanting
an update on compliance schedule by October 10th. This has been referred to
Ken Beven, Director of Public Utilities.
SEWER REHABILITATION:
Letter read from 8KM regarding Laurel Sewer Rehabilitation. They need
a letter from the Council accepting the sole bid from Gulldner Water &
Sewer~ Inc. for Schedule II in the amount of $96,854.96. Request rebid
on other items. No objections.
INVITATION TO RED LODGE:
Letter from Red Lodge Chamber of Commerce inviting mayor and council to
attend their annual dinner Saturday, Ssptember 30th, st the Sundance Supper
Club at 7:30 p.m. ~ $8 per plate.
POLICE INVESTIGATION REPORT:
Chief Lenhardt reported that at the last meeting a complaint was made
regarding a trailer being overparked for 3 weeks at the Russell Motel. On
September 6th and 7th, 1978~ an investigation was made. Copy of the report
was given to the mayor and the Police Committee. Tom Kilpatrick complained
about 2nd Avenue and 6th Street, for 5 Or 6 weeks ~ t~ai!~s been over
parked. Asked if there is some way to mark the over parkers and enforce
our laws. Tom feels there is something lacking and that perhaps our
ordinance is no good. Discussion. Lenhardt stated that complaints must
be signed first before police will go out. Tom Bradley said an officer
has the right to make a charge based on his investigation. Also, citizens
have the right to sign complaints. More discussion. '!What about weeds
growing beside Cars? Would that be enough proof?" Inez Vaughn questioned.
More discussion. Where is the complaint to be signed? Ans: Probably at
the Police Department.
ANNEXATION OF WARD SUBDIVISION:
Resolution #1705 annexing part of Ward Subdivision up for passage tonight.
A representative for Ward Subdivision stated they wish to annex as R-1
rather than R-2 because of the objections of the surrounding property
owners. Protester Stan Fisher asked what kind of dwellings would be
built, what the square footage would be, etc. Ans: R-1 is the most
restrictive zoning the city has.
Motion from Tom Kilpatrick to approve the annexation as R-i~ seconded
by Don Meyers. Carried. Resolution #1705 as amended carried.
Developer asked how long before curb~ gutter and sidewalk have to be
installed. Ans: As the property is developed.
ONE-MILE ZONING MAP AND AMENDING ZONING ORDINANCES TO INCLUDE ZONES FOR
AGRICULTURAL USE AND PUBLIC LAND USE:
Map shows 1-mile zoning proposal. The amendments proposed will take
care of Agricultural use and Public Land use zones. These 2 zones are
not contained within the current zoning ordinances. In order for 1-mile
area to be true and consistant with the Land Use Element map of the
Comprehensive Plan recently adopted, these new zones need to be adopted.
The Laurel-Yellowstone City-County Planning Board recommends approval.
Motion from Tom Kilpatrick, second by Albert Ehrlick, to create
Resolution #1706 adopting the 1-mile zoning map and amendments to the
zoning ordinance. Carried.
PRIVATE CONTRACT POLICY:
Postponed until next council meeting.
APPLICATION FOR ANNEXATION OF CONTIGUOUS LANDS TO THE CITY OF LAUREL FROM
HERMAN HAUCK/DAN NAUMAN:
This matter turned over to the Planning Board for recommendation.
GARBAGE PICK UP IN NEW SUBDIVISIONS:
Jim Yeager~ representing Charles Dickeraon~ regarding Block 8, Nutting
Bros. Subdivision being developed. New area people want the city to pick
up garbage. The private contractor gets first chance if he has previously
been serving the 'area. You are stuck if the private contractor wants the
business. Discussion. Suggestion of getting a "no" answer from the
private contractor, or haul it yourselves to the city dump. This matter
turned over to Garbage Committee for guidance.
Minutes of the City Council of Laurel
PUBLIC UTILITIES COMMITTEE:
Don Meyers presented the committee minutes. Discussion. Albert Ehrlick
moved to approve purchase of 1700' of 8" water line for the Washington Ave.
project, second from Don Meyers. Carried.
Albert Ehrlick moved to approve the purchase of a new coin meter at an
estimated cost of $800, A1 Sergeant to design and install same, second from
Bob Burns. Carried.
Don Meyers moved to enter the minutes, second by Tom Kilpatrick. Carried.
PUBLIC HEALTH & GARBAGE COMMITTEE:
Chuck Rodgers presented the committee minutes. Discussion. Garbage
fund is in the red because of maintenance on equipment and purchasing new
containers. By next year the fund will be $18 to $20,000 in the red. It
is time to make a change! Next year the first Rapid Rail garbage system
will be paid for. An increase in garbage rates will balance the budget
in 1 year. In 2 years a reserve fund will be large enough to handle the
downpayment towards a new cat, money to acquire more land for landfill,
or buy more containers! etc. Damaged containers are replaced by Government
Innovators at no cost to the city so far. $1 per time to pick up large
cans in commercial area is suggested. Committee would like to have council
permission to go through present rate system, raise residential by $1 per
month, perhaps drop lot charge or leave as is, and re-structure commercial
area. Perhaps $1 per can plus on a monthiy billings, which means some
users would pay $700..Earliest possible date would be a year from now
to gain any new revenue on the tax books. Bob Burns suggests referring
these matters back to the Garbage Committee. Discussion. Bob Burns
volunteered to work with the committee. Ron Massey questioned new cans
in new subdivisions. Developer to be responsible for new cans. Committee
was instructed to go ahead with their study.
There is no back-up unit at the landfill. OSHA will not allow usage
of the old unit. Committee suggests no replacement and try to get by.
If the cat breaks down go for a lease-rent program. Discussion. Loader
will do the same job. Could old unit be used for something else? Perhaps
selling it would be best. Committee will look into this.
Garbage cans at the Glentana Trailer Court are to be moved for more
uniform pickup and remove part of a fence to allow the garbage pickups.
Letter to Glentana Court has not yet been sent. Chuck Rodgers moved
to enter the minutest second by Don Meyers. Carried.
SHERIDAN SUBDIVISION "AN ADDITION TO THE CITY OF LAUREL":
Final plat presented for council approval and mayor's signature. Waiver
of protest and Special Improvements Agreement also presented. Check for
park fund to be cashed when plat is filed et courthouse.
Motion from Albert Ehrlick to create Resolution #I707 accepting the
final plat, waiver and improvements agreement, and granting authority
to mayor to execute necessary papers, second by Don Meyers. Carried.
POLICE COMMITTEE:
Bob Burns recommended appointing Lee Kerr as Captain of the Police
Department, and Alan Crowe as Sergeant. Mayor accepted the recommendation
from the committee and promptly appointed Lee Kerr as Captain and Alan
Crowe as Sergeant of the Laurel Police Departmentt probationary appoint-
ments for a term of i year. Motion to approve by Chuck Rodgers, second
from Bob Burns. Discussion. Will they be in the union? No, they will
become administrative officers. Pay will be + $150 for Captain and +
$100 for Sergeant. What increase in duties? Captain will supervise,
investigate and would be Chief of Police in his absence. Sergeant will
be the Chief on night shift. Committee is in the process of determining
guidelines. The Captain would be a permanent person on the Ambulance
Committee responsible for the operation of the ambulance, etc. With the
reserve unit there would have to be a Training Officer. The Captain would
be responsible for this also. Captain would have same responsibilities
as Assistant Chief used to have. The extra money should take care of
all overtime required in the line of duty. Sergeant will be same way
but but second in command and also would not be getting overtime any
more. Continuous training process from now on. Albert Ehrlick opposed to
this~ Discussion. This plan was thoroughly discussed with the union.
Ervin Metzger questioned the police budget. Police budget has not yet
been cut as requested. Question is to approve these two appointments.
Division of house as follows: Albert Ehrlick "no"; Bob Burns "yes";
Tom Kilpatrick "no"; Don Meyers "yes"; Ervin Metzger "no"; Chuck Rodgers
"yes"; Ron Massey "yes". Carried 4 to 3.
PARK & RECREATION COMMITTEE:
Mayor appointed Ron Faught to the committee in place of Fred Feuerbacher.
Motion to approve from Chuck Rodgers, second by Ron Massey. Carried.
AIRPORT COMMITTEE:
Mayor appointed Jim Kline'to the committee. Motion to approve from Albert
Ehrlick~ second by Bob Burns. Carried.
DOROTHY P. BUNDY, CITY CLERK~ DECEASED:
Tom Kilpatrick stated Dorothy will be missed and suggested giving the
cemetery plot free as she had been on the cemetery board for 20 years.
Motion from Tom Kilpatrick, second by Albert Ehrlick. Carried. Mayor
expressed his feelings of gratitude for Dorothy's services and expressed
the City's deepest sympathies.
Regular council meeting closed at 8:20 p.m.
--2--
Minutes of the City Council of Laurel
BIG DITCH~ HIGH DITCH~ AND COVE DITCH vs PROPOSED STORM DRAIN PLAN NORTH OF
THE BIG DITCHI LAURELt MONTANA:
Dave Kaercher representing NKM Assoc. of Billings presented a program for
a proposed storm drain plan north of the Big Ditch for Laurel, Montana. The
ditches play a major roll in drainage patterns for Laurel. Ditches pick up
natural run off for area north of Laurel. The need ie to establish whether
these ditches will continue to receive the run off. Either this or more
storm damage will result. HKM proposes a plan for the City and PIanning
Board'and ditch companies to consider for future requirements as follows:
(4(~) ~63~ ~B9-~993
NORTH OF ~E BIG DITCH
~U~L, MONTANA
Detention Ponds
Concept:
Provide detention components for maximum release
from the new developed areas to be ~- to the maximum
historical 24 hour - 100 year storm from th~ original,
natural watershed.
Requirements:
Each developer shall be required to provide the necessary
detention components to meet the above concept.
Storm runoff that enters the development shall be
handled through separate storm water components aside
from the detention areas.
The detgntion components shall provide positive drainage.
Calculation for the detention components shall be based
on:
a. 24 hour - 100 year storm
b. Runoff coefficients shown in Table 1.
5. The land developer shall submit the following for review:
a. The runoff coefficient for the area prior to deveLop-
ment.
HKM suggests regulatory devices be implemented. The plan is based on a
study called WATER QUALITY STUDY FOR MIDDLE YELLOWSTONE AREAWIDE WASTEWATER
MANAGEMENT PROGRAM March, 1977~ which was also prepared by HKM Assoc. Plan
would be extra burden to Laurel without cost to the ditch companies. Question:
If this plan were instituted, who maintains the detention ponds. Ans: City.
If development is to continue north of the city~ developer will install the
ponds to begin with. Maintenance districts could be formed. Would this
eliminate some of the run off we now have? No, but the ponds would slow
Minutes of the City Council of Laurel
it down. Flow would be equal to or less than it is presently going into
the ditches. Bob Burns is concerned with liability to the City of Laurel
if the ditches should wipe out. Regulations can be established through
developer as dedicated land or park area. Talking about a swail with
about a 2' depth of water. The City's present plan is a 5-year storm
systsm. This same pondlng design is working near the Billings Airport.
HKM feels this plan would be best to allow present growth rate to continue.
Map .shows approximately 6 square miles of drainage we are Concerned with.
Proposed ponds will vary in size from 5 to 10 acres or so. Yellowstone
County demands 12% dedication. How long does the water stay after a run
off? Approximately 1 day or so at developer's option. Discharge has
to be equal to or less than maximum run off during a lO0-year storm.
Could this be a park? Yes. How are you going to separate oil from the
water in these ponds? The oils are not that much of a problem in resi-
dential areas. Laurel does not have any noticeable oil run offs.
Discussion of Land Use Element map. More discussion of oils in the
storm run off. Will this eventually go into storm sewers? Not if the
plan works. Is the area going to have Septic tanks or sewers. Septic
tanks in the county and sewer inside the city limits. These problems
also need to be addressed to the County Commissioners. Another alternative
to the proposed plan is to increase the downstream drainage system which
would be a cost to Laurel at least 2 if not 3 or 4 times more. An alternative
would be to acquire r/o/w on land above ditches~ go east of them underneath
the railroad tracks and into the river. Still faced with ditches and in
between. Cove Ditch would be first to get the excess water. Proposal
would not increase what water now going into the ditches. The ponds
perhaps would lessen the run off. Detention components should provide
positive drainage. When ditches were built, they were intended for
irrigation only. How many more developers will there be? Where does it
stop? The majority of the land which concerns these ditches may be 3
square sections of land. Depends on the support of the adopted Land Use
Clement from the County and the City. Are the ponds going to retain
garbage in the water? A plan could be specified where an oil removal
device would be used~ etc. The ditches are taking the water.th the
oil and other pollutants right now. What HKM proposes to do is slow the
water down. A large volume will be held and will last longer. The peak will be
detained by the ponds. Ponds will contain run off for 1 or 2 days. Rain over
a long period of time are storms less than 1 or 2 year storm run offs.~How
many ponds are planned? Each developer would be responsible for a pond in
his subdivision. It would have to be approved by the Planning Board. Would
the developer have to pay the ditch company to help maintain the ditch? Yes,
probably. The City would be responsible for maintenance of the ponds.
Ditch companies say if the city would take care of their drainage, the
county could not develop and drain wherever they want to. The city should
put in a storm sewer. City replies this should have been .started 30 years
ago. Costs are astronomical now. Our system can not handle any more
without a planned development. It is too late now for a storm sewer as
such. More discussion. Farmers vs City vs County and developers. East
Laurel has a controlled overflow point. More discussion. The Laurel-
Yellowstone City-County Planning Board is concerned about the ditches and
easements. Ditches are there for i~rigation purposes. More discussion.
Why does there have to be an agreement between ditches and the city? City
wants control of subdivisions and their run off and would like to settle
this problem before October lat. Ditches can not give their approval at
this time. This is the cheapest way for the city to go at this time.
Calamity Jane Reservoir wuuld have helped considerably. If this proposal
is rejscted~ the City of Laurel will not accept any more subdivisions.
This would not stop the county subdividers. This meeting was to have
been a combined meeting with authority to make decisions. The ditch
companies feel that they can not make a decision tonight. They need some
sort of understanding in order to proceed. What do the ditch companies
want as restrictions in order to dump water into the ditches? What about
the little creeks? Can the ditch companies make a decision within a week?
City will have to make a decision at any rate. This problem must be faced
now!
Short break.
Tom Kilpatrick would like to reconsider his vote on Resolution #1704,
Murray Heights, because Big Ditch will not allow the run off. He will vote
for the annexation if Ramsey stipulates where the run off will go. The
service area is already created. Never let another developer lay water
line without first coming into the city. Perhaps demand that the entire
area come' in, but the drainage problem should be taken care of first.
Second from Ron Massey. Reconsideration and second withdrawn. New motion
from Tom Kilpatrick that Murray Heights Subdivision be required to make
suitable drainage provisions for the surface water. Ramsey is to hash
this out with the ditch company. Roy Zahn did not have the authority to
give the letter. The City Engineer Technician staked the grades. Motion
seconded by Ervin Metzger. Some thought should be given to sitting down
with Ramsey and Murray as to what can be done. Carried with Chuck Rodgers
voting "no."
Meeting closed at 10:40 p.m.
Resqpectfu~y/~ubmitted,
~~Secretary
--4--
Minutes of the City Council of Laurel
Approved by the Mayor and passed by the City Council of the City of
Laurel, Montana, this Brd day of Octobe~yl978.
Lar~y D. Herman, Mayor
ATTEST:
~~ City Clerk