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 /