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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