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HomeMy WebLinkAboutCity Council Minutes 08.15.1995Minutes of the City Council of Laurel August 15, 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 August 15, 1995. COUNCIL MEMBERS PRESENT: Gay Easton Bob Graham Lonnie Kellogg John Minch Ron Marshall Donna Kilpatrick Albert Ehrlick Chuck Dickerson COUNCIL MEMBERS ABSENT: None INVOCATION: Invocation was given by Alderman Kellogg. MINUTES: Motion by Alderman Marshall to approve the minutes of' the regular meeting of August 1, 1995 as presented, seconded by Alderman Minch. Motion by Alderman Graham to amend 'the minutes of August 1st as by home owners regarding the dispute on the O'Toole home on West seconded by Alderman Ehrlick. Motion carried 5--3, with Alderman Alderman Minch and Alderman Dickerson voting no. requested Maryland, Kellogg, Alderman Dickerson recommended that the tape from the August 1st council meeting be reviewed and if these comments were made, then the minutes can be amended to reflect it. Alderman Graham withdrew his motion to amend the minutes and Alderman Ehrlick withdrew his second. Motion by Alderman Dickerson to table the approval of the August 1~ 1995 minutes until the transcripts are reviewed, seconded by Alderman Minch. Motion carried 8--0. Motion by Alderman Dickerson to approve the minutes of the special meeting of August 7, 1995 for the purpose of adopting the final budget and settin~ the final tax levies for 1995-96 as presented, seconded by Alderman Graham. Motion carried 8--0. Motion b~. Alderman Marshall to of August 7, 1995 for the purpose approving the non-union wages for Dickerson. Motion carried 8--0. approve the minutes of the special meeting of ratifying the union wage agreement and 1995-96 as presented, seconded by Alderman CORRESPONDENCE: Received a notice from Montana League of Cities and Towns advising us that the quarterly meeting between local governments and the Department of Environmental Quality has been rescheduled for September 15, 1995. Received the August agenda, and activity report from the Air Pollution Control Board. Received notice of the resignation of Howard Clayton from the Airport Authority, effective July 18, 1996. Received a letter from Michael Bush, MD, who was acting medical director for the Laurel ambulance service. The letter was addressed to Sue Blaskovich and stated his concerns over our changing medical directors. Received a letter of response from Sue Blaskovich to Michael Bush, MD. Motion bM Alderman Dickerson to accept the resignation of Howard from the Airport Authority, effective July 18, ].995~ seconded by Graham. Motion carried 8--0. Clayton Alderman Mayor Rodgers commented that Howard Clayton has done an outstanding job on the Airport Authority Board. CITY CLERK'S & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statements for the month of July were presented. Motion by Alderwoman Kilpatrick that the City Clerk's and City financial statements for the month of July, 1995~ be approved, Alderman Ehrlick. Motion carried 8--0. seconded by Minutes of the City Council of Laurel Page 2 Council Meeting of August 15, 1995 ADOPT-A-COP PRESENTATION OF PLAQUE: McGruff and Tom Bayett, President of the Community Crime Prevention Council, was present to give praise and honor to Laurel's police officers. Laurel is the only community in Yellowstone County that not only has one officer per school but has two officers. The Adopt-A-Cop program is where an officer adopts or sponsors a school, asks children questions and answers their questions. It's focus is for children to be friends with police officers and not be afraid of them. The Adopt-A-Cop program wants to congratulate the Laurel officers by presenting each one with a certificate and a plaque for the department. The officers for Graff Elementary are Bryan Fisher and John Rosenberg; officers for South Elementary are Matt Roppel and Mark Guy; West Elementary are Mike Zuhoski and Mitch Connors; and at Yellowstone Valley Christian School is Rick Musson. Captain Rick Musson accepted the plaque from McGruff. ADOPT-A-COP CERTIFICATE OF "THANK YOU" TO THE FAMILY OF JOHN ROSENBERG: Tom Bayett stated that Adopt-A-Cop recognizes special officers who have been Adopt-A-Cops for many years. One of the finest officers was John Rosenberg. McGruff presented a "Thank You" certificated to John Rosenberg's wife, Patti. OPEN AND AWARD SALE OF BONDS FOR SID #110: No bond bids were received. AWARD CONSTRUCTION BID FOR SID #110: Rick Leuthold, Engineer on the Murray Heights SID #110 project, stated a special Street & Alley Committee meeting was held for the opening of construction bids on August 8th. Construction bids were received from JTL Group, Inc., Rock Pile, Inc. and Empire Sand and Gravel, Inc. The bids came in over the engineer's estimate. Engineering, Inc. took the bids and evaluated them. Rock Pile, Inc. was the low bid after an error was found and corrected. After reviewing the bids, all bids were still over the engineer's estimate. There is an exact amount of construction money to work with. In order to award a contract, they need to bring the project within the funds as indicated, either by going back and clarifying items within the contract or working with the contractors so they completely understand what the project is and then rebidding the project. Another option is to throw out the whole SID and begin with a re-creation of the SID at a higher dollar amount. The $?,878.00 per lot owner is at the upper end of what a street SID should realistically cost a home owner in that type of area and situation. His recommendation~ as an engineer~ would be not to pursue any additional costs to the SID in trying to re-create it at this time. During the evaluation and discussion with contractors, a couple of factors have become evident. There has been a sizeable jump in oil prices~ some concrete prices are higher than what was anticipated in the original estimates and a couple of the contractors indicated that they are busy this fall. This has an impact too, as much as 15% of the project. After discussions with Jim Flisrand and board members, they decided they would reevaluate the contract as it stands now~ have more detailed discussion with the contractors~ readvertise and accept constructio:n bids after the first of the year. This would reduce the impact of the time schedules and the work activity of the contractors at this particular time. It may also have an impact on construction cost prices that are being seen right now, being in a new seasons worth of construction pricing. The recommendation would maintain the original SID the year. be not to that was award the construction bids at this time, created and readvertise after the first of Motion by Alderman Dickerson to table SID #110 at this time and reevaluate and reconsider after the first of the year, seconded by Alderman Ehrlick. Joe Leckie stated that tabling the SID is not the appropriate action. If the bids are rejected, they have two years to reconsider and readvertise for the bids again. The most appropriate and efficient way to handle it is to have a motion to reject the bids and then readvertise for bids within the next two Alderman Dickerson withdrew his motion to table SID #110 and Alderman Ehrlick withdrew his second. Minutes of the City Council of Laurel Page 3 Council Meeting of August 15, 1995 Motion by Alderman Dickerson to and readvertise after the first of Motion carried 8--0. reject the construction bids for SID #110 the year', seconded by Alderman Ehrlick. AWARD BID FOR STREET MATERIALS: Bids were received from JTL Group, Inc., Empire Sand and Gravel, and Krug and Sons. RecommendaLion is to go with the low bid from Krug and Sons. Motion by Alderman Marshall to award the bid for street materials to Krug and Sons, seconded by Alderman Graham. Motion carried 8--0. APPROVE MISCELLANEOUS WATER/SEWER/GARBAGE TAX RESOLUTIONS: RESOLUTION NO. R95-40 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL, MONTANA, FOR WATER METER AND CURBBOX REPAIR Motion by Alderman Ehrlick that Resolution No. R95-40 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion by Alderman Kellogg to table the Resolution No. council members receive a copy of the water/sewer/garbage seconded by Alderman Minch. Motion carried 8--0. R95-40 until the tax resolutions, PUBLIC HEARING - WESTBROOKS SUBDIVISION: A public hearing was held on the zone change from Highway Commercial to Residential 20,000 for Tract 6A-]. of Amended Plat of Tracts 6A and 7A of the Amended Plat of Tracts 6 and 7 Westbrooks Subdivision and a portion of Tract 5 of Westbrooks Subdivision. Proponents: Cal Cumin explained that this zone change came before the Planning Board a month ago. A public hearing was held and the board recommends approval. This involves a thirteen acre tract at the southeast corner' of Old Highway i0 and Golf Course Road. It is currently zoned as highway commercial. The owners would like to build a home and, therefore, change the zoning to R20,000. This is a simple zone change with no problems or issues involved. The State law reqnires that the city council hold a public hearing on the zone change. Opponents: None Motion by Alderman Graham to close the public bearing on for Westbrooks Subdivision, seconded by Alderwoman Kilpatrick. 8--0. the zone change Motion carried Cal asked for council approval on the zone change. He is representing the owners since they were unable to be present. Motion by Alderman Graham to accept the recommendation of the Planning Board for zone change from Highway Commercial to Residential 20,000 for Tract 6A-1 of Amended Plat of Tracts 6A and 7A of the Amended Plat of Tracts 6 and 7 of Westbrooks Subdivision and a portion of Tract 5 of Westbrooks Subdivision~ seconded by Alderman Dickerson. Motion carried 8--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of August 1, 1995 were presented and reviewed. Motion by Alderwoman Kilpatrick minutes of August 1, 1995, into the Motion carried 8--0. to enter the Budget/Finance record, seconded by Alderman Committee Marshall. --City Council Committee of the Whole minutes of August 1, 1995 were presented. Motion by Alderman Marshall to enter the Whole minutes of August 1~ 1995, into the record, Motion carried 8--0. City Council Committee of the seconded by Alderman Kellogg. --City County Planning Board minutes of August 10, 1995 were presented and reviewed. Minutes of the City Council of Laurel Page 4 Council Meeting of August 15, 1996 Cal commented that the preliminary plat for East 13th Street Subdivision is out of the city. This will go to the county for approval. Cal recommended proposed zoning ordinance changes. One area is the This is the smallest residential zone before agriculture and there with owners keeping horses on five acre tracts. R20,000 zone. are conflicts He would also like to change the R20,000 to require single family houses to be "stick built-on site" housing. Alderman Graham asked Cal. if the city is headed for problems due to the issue on West Maryland? He also commented that the present ordinance reads the city must meet UBC Codes. If the zoning is changed to stick built-on-site housing, this will also eliminate modular homes which do meet the codes, will this create more legal problems? Cai stated this will be discussed at a public hearing in approximately two months when it comes to the City Council. In discussion with the director of the Manufactured Home Association of Montana, the city asked him how these issues of concern could be addressed and this was one of his suggestions. It doesn't have to be for all residential zones, but it does have to be addressed. Alderman Dickerson stated a concern that this would have no affect on homes prior to this ordinance being adopted. Cal noted that the Planning Board will have a public Recommendations will come before the council in October. time for input and research. hearing in September. This leaves plenty of Mayor Rodgers asked if stick built-on-site housing can be addressed through covenants? Cal stated covenants are enforced by residents in a subdivision and have nothing to do with the city. Covenants are restrictions in the deed that are assumed by the buyer and are enforced by the title companies and residents who purchase the land within the subdivision. Cal recommends that people drawing up subdivision covenants have the "stick built-on-site" requirements in the covenant. Motion by Alderman Dickerson to enter the City-County Planning Board minutes of August 10, 1995, into the record, seconded by Alderman Marshall. Motion carried 8--0. --Public Utilities Committee minutes of August 14~ reviewed. 1995 were presented and Motion by Alderman Dickerson to enter the Public Utilities Committee minutes of August 14, 1995, into the record~ seconded by Alderman Minch. Cai commented that the minutes regarding the Legerski property need to be clarified in that the property is Block 6, Nutting Brothers Subdivision and not just the property they are building their house on. Vote on the motion was taken. Motion carried 8--0. A1 Hicks - Sewer Hookup Jim Flisrand stated the committee recommends approval for the sewer connection~ provided the zoning is appropriate. Cal has verified that it is appropriate for the type of business that A1 Hicks has. Motion by Alderman Graham to grant permission for A1 Hicks to hookup to city sewer provided the Public Works Director and Planning Director determine the current zoning allows his type of business or that the City County Planning Board approves Mr. Hick's zoning request~ if necessary to accommodate his business, seconded by Alderman Marshall. Motion carried 7--1, with Alderman Kellogg voting no. Sewer Backup - Locust Avenue Alderman Graham asked if a motion is needed to do an investigation into the insurance regarding the sewer backup for residents Lisa Keller and Kristine Kerr? Jim Flisrand stated he would contact the insurance company and get a clarification from them before the next committee meeting. He will also discuss this with Joe Leckie, City Attorney. --Street & Alley Committee minutes of August 8, 1995 were presented and reviewed. Minutes of the City Council of Laurel Page 5 Council Meeting of August 15, 1995 Motion by Alderman Ehrlick to enter the Street & Alley Committee minutes of August 8, 1995, into the record, seconded by Alderman Dickerson. Motion carried 8--0. --Street & Alley Committee minutes of August 10, 1995 were presented and reviewed. Motion by Alderman Ehrlick to enter the Street & Alley Committee minutes of August 10, 1995~ into the record, seconded by Alderman Minch. In response to a question from the council, Jim Flisrand explained that Randy Sorkness' request of having two driveways on his frontage of West 14th Street is a different situation than the earlier request on Twelfth Street and Fairview. The request regarding Twelfth Street and Fairview is an existing intersection with two improved streets. Traditionally~ the city does allow a driveway on each side of a lot that fronts public right-of-way. However, on Twelfth Street there is a plat restriction of a one foot no access~ which limits him access to Fairview Street only. Randy Sorkness has only one reads only one driveway per Sorkness' property, however, not be allowed. frontage which is Fourteenth Street. The ordinance frontage. Fifth Avenue runs on the east side of Mr. it is not improved and therefore the driveway would Vote on the motion was taken. Motion carried 8--0. APPROVE MISCELLANEOUS WATER/SEWER/GARBAGE TAX RESOLUTIONS: Copies were distributed and the resolution was brought off of the table. RESOLUTION NO. R95-40 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL, MONTANA, FOR WATER METER AND CURBBOX REPAIR RESOLUTION NO. R95-41 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY IN THE CITY OF LAUREL FOR ANY UNPAID SEWER CHARGES RESOLUTION NO. R95-42 BEING A RESOLUTION LEVYING AND ASSESSING A SPECIAL TAX AGAINST CERTAIN PROPERTY DESIGNATED AS GARBAGE DISTRICTS IN THE CITY OF LAUREL, MONTANA, FOR THE REMOVAL OF GARBAGE AND REFUSE Motion by Alderman Marshall R94-41, and Resolution No. R95-42 Graham. Motion carried 8--0. that Resolution No. R95-40~ Resolution No. be passed and adopted, seconded by Alderman COMMENTS FROM THE AUDIENCE: Dave Mosser~ Morrison-Maierle, gave a presentation on the update of the water plant project. Dave summarized a Preliminary Design Concepts Report to look at the four basic issues. These are clearwell~ option to using a 250,000 gallon tank as part of the system; whether modification of sedimentation flocculation basins would be applicable; whether the steel tank is painted or look at liners; and on the concrete reservoir~ looking at possible restoration methods for it. These are summarized in the draft report. Clearwell Two options were looked at in determining the proper design for a clearwell. Both are to use the 250,000 steel tank that sets at the plant. It was determined that they do need to create an additional clearwell of 350,000 gallon capacity. Concrete Sedimentation Flocculation Basins The concrete sedimentation flocculation basins are on the outside of the plant. The covered basins look good, except for the common wall that exits between the basin and the exterior. There are a lot of cracks and weakness to the wall. The Minutes of the City Council of Laurel Page 6 Council Meeting of August 15, 1995 and the interior basin. They need to refinish the floor slabs and surface the side wails. He showed a sample of spray on coating that will be used in sealing cracks. There is a lot of flexibility and strength to it~ and it seals cracks very well. The other alternative is going with concrete spray, which will cause cracking or going with a heavy duty liner material, which causes problems in cold weather. There are a series of six small basins that are called flocculation basins. These are in bad shape. There are three options to look at; minor repairs costing about $25,000.00~ major renovation costing about $84,000.00 and would last about ten or fifteen years, or replacement of the basins for $130,000.00. 40GAL Steel Reservoir The 4.0 MGAL steel reservoir exterior has a lead percentage of .26%. The exterior is the original paint that was put on in 1967. The paint is in good shape and the recommendation is to overcoat, basically painting over the existing paint verses disposal of the old paint. There is a $300,000.00 savings by going with an overcoat. The steel reservoir will probably wear out before a concern of repeated overcoats become a problem. As an alternative of costing $300,000.00 to dispose of the lead, they can just basically leave it on the tank and seal it. The major cost in removing the lead is sandblasting. There is a huge volume of waste and it has to be hauled away in 55 gal drums to Oregon for disposal in a hazardous waste site. There is an option of going to stripping by using a solution Lo strip the paint off the outside which is very labor intensive and costly. The interior walls and floor were painted in 1983 with a non-lead paint. After talking with the paint supplier and the contractor, we can see no problems here other than the work and time frame of going in to inspect it. They have looked at costs of painting verses putting in a liner. The city of Great Falls put in a liner and there was a lot of stress from the weather where the liner was connected to the reservoir. There was stretching and pulling at various connection points and ice was accruing along the top of the liner. They found when they removed the liner after two to five years~ the bottom of the liner was ripped due to stress from stretching~ pulling from the ice and the changing level of water in the tank. Dave stated when they looked at costs, paint is more expensive but the long term costs to the city will be a lot less expensive. The maintenance costs for a liner are excessively high. If a liner is put in, it is still felt they will have to go in and repaint the inside of the tank. The paint needs to be done one way or another. It will be a $175~000.00 to $180~000.00 project if a two step process is done, painting and putting in a l~ner, verses just painting. The ceiling also has not been done since 1967 when the reservoir was constructed and it has the original paint which contains lead. With the structural steel beams, this will be an expensive item to repair. Concrete Reservoir As far as the interior, Ail are about the same savings to the city. they looked at a liner, vanlite~ cost. The overcoating would have or blocked overcoating. a longer life and be a In constructing a roof, they looked at steel, roof concrete, fiberglass, aluminum truss roof that has fabric panels over it, high density polyethylene~ and roofing material with rigid floating type panels that will rise and fall with water levels. Steel has the lowest initial cost of $110,000.00. The aluminum is the next best. 18" Water Line After Dave summarized the four basic issues in the Preliminary Design Concepts~ he spoke on the 18" water line. They are looking at a different route than what was originally proposed. Originally they proposed to go down Fourth Street, Yellowstone Avenue to Railroad Street and then up Fifth Avenue underneath the railroad track and Main Street. The expense turned out to be $600,000.00. They started looking at less expensive costs. The cost could be brought down to about $300,000.00 by hooking it into railroad right-of-way and eliminating asphalt costs. The original cost on the entire upgrade project was 3.2 million. The project is now at a cost of 3.25 million, with a 5 percent contingency. This is about $50,000.00 over the original cost. The design report is about 75% complete. Dave looks for construction to begin in the spring with completion by fall. Mayor Rodgers commented that Morrison-Maierle has been working on the project for one year without receiving payment. Their effort has saved the city money and kept the cost of the project within the proposed figures. Minutes of the City Council of Laurel Page 7 Council Meeting of August 15, 1995 COMMENTS FROM THE AUDIENCE: Alderman Dickerson questioned why Fox Lumber was still in business? Joe Leckie stated he has filed an injunction against them. APPOINTMENTS: None MAYOR'S COMMENTS: Mayor Rodgers thanked Alderman Graham for taking the meeting There being no further business to come before the Council meeting was adjourned at 8:25 p.m. last week. at this time, the Catherine Gabrian, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 5th day of September, 1995. Attest: Donald L. Hackmann, City Clerk Charles Rodgers, ~ayo(r /