HomeMy WebLinkAboutCouncil Workshop Minutes 12.13.2005 MINUTES
COUNCIL WORKSHOP
DECEMBER 13, 2005 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson
at 6:30 p.m. on December 13, 2005.
COUNCIL MEMBERS PRESENT:
x Dick Fritzler
x Kate Stevenson
_x_ Gay Easton
Jennifer Johnson
_x_ Doug Poehls
x Mark Mace
Daniel Dart
_x_ Norm Stamper
OTHERS PRESENT:
Keith Molyneaux
Steve Klotz
Perry Asher
Larry McCann
Mary Emblaton
Chuck Dickerson
Public input (three-minute limit):
Citizens may address the Council regarding any item of City business not on the agenda. The duration for an
individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council
will not take action on any item not on the agenda.
· None
PLannine Board issues:
· Governor's Subdivision - preliminary plat approval, annexation, and zoning
o This item was removed from this agenda and is scheduled for the December 274
council workshop agenda.
Clerk/Treasurer:
· Resolution - Collection of annual $2.00 service fee for all water users
o Collection of the annual $2.00 service fee for all water users is a State law
requirement and will be on the February billing cycle.
o The resointion will be on the December 20 council agenda.
Park Maintenance District:
· Steve Klotz distn~buted information on an estimated eight-year park reserves and
proposed capital improvements for a park rna'mtanance district assessment of ~A cent per
square foot per year.
o A copy of the information is attached to these minutes.
· A park maintenance district that completely removed the General Fund contribution to
parks was originally considered, but the assessment would have been higher than ¼ cent
per square foot.
Council Workshop Minutes of December 13, 2005
· A target number of ½ cent per square foot was deemed to be the hardship that could be
borne by the taxpayer, and then Steve projected it out eight years.
· Steve explained the eight-year proposal for staff, operation and maintenance, parks
capital, sidewalk improvements, and park playground equipment.
· At ten years, according to the projection, the General Fund would be paying $66,000 into
the parks, which is about half of what it is now.
· The staff and operating maintenance totals in fiscal year 2013-2014 are projected to be
$205,000 and the General Fund would only be conm~buting $66,000 of that.
· The pool is not included in this proposal.
· There was further discussion regarding the criteria used to determine the differences in
types and allocation for playground equipment in each park, a program to replace trees in
the parks, the projected assessments for tho city-wide park maintenance district, the city's
policy on signage around parks, and the need to present the public with a timeline for
projects in the parks.
· Mayor Oison stated that this is an opportunity to combine the pool project and the park
maintenance district.
· Steve stated that the intent was to present it to the council in an effort to offset the
General Fund.
Annexation of school property:
· Steve distributed copies of the third draft of a Development Agreement that would go
with the annexation of tho school property, and a copy is attached to these minutes.
· The transfer of the land has already happened.
· A resolution for the right-of-way vacations located between the blocks in that property is
on this council workshop agenda.
· The issues in the agreement regarding Schessler Park and the Alder Avenue right of way
have been completed.
· The improvements needed on Alder Avenue and Washington Avenue are itemized in the
document.
o The school is installing a 12-inch water main that is upsized for future use.
· The city will pay the extra cost per foot for the upsized pipe, but it will not
pay for any other costs.
o The school will basically sign a waiver of non-protest for any future SIDs for
street surface improvements on Alder Avenue.
· Waivers are filed with the plat and the development agreement in the clerk
and recorder's office.
o The Washington Avenue irrigation ditch will remain open channel, except that
culverts will be installed by the developer at the drive approaches into the
development and trash grates will be installed.
o There will ho a waiver of protest for future SIDs on Washington Avenue, which
will ho the school's main access, and the school will install a five-foot wide
boulevard sidewalk on the east side of Washington Avenue.
o The East Seventh Street improvements are still being reviewed.
· There was discussion regarding a city property which is a dirt mad (East 7th) located
directly south of the school property.
· There was further discussion regarding the ditches.
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Council Workshop Minutes of December 13, 2005
Vacation of street right-of-way: · Steve distributed a schematic to explain the location of the fight-of-way, and a copy is
attached to these original minutes.
· On the colored schematic, the green highlighted area showed the property that the city
abandoned to the school.
· The top sections are Blocks I and 2 in the description, and the bottom green section was
Schessler Park.
· This resolution would abandon the right-of-way which was identified in blue on the
schematic.
· The resolution will finish the process of abandoning all of this property to the school.
Resolution - Task Order No. 10 with Morrison-Maierle~ Inc., for the Main Street water
Larry McCann explained this additional task order for Morrison-Maierle.
The highway department has been working on Main Street and has considered work on
Main Street i~om Third Avenue to Eighth Avenue.
· In early December, the highway department notified the City of Laurel that it wanted the
plans if the city intended to install a new water line under the new highway.
· Morrison-Maierle has started the design, but the council needs to approve the task order.
· Replacement of the bad line needs to be done before the new street is paved.
· Morrison-Maierle will have the design done by the end of December.
· The highway department intends to do the work after July 1st, so the water line project
would have to be done prior to July 1~t, which will be an issue for the 4m of July again.
· The estimate for the project is $250,000.
Undate on the sewer trunk line proieet: · The sewer trunk line project from the city to the plant is in process.
· The ditch companies and Cenex are involved.
· The city is currently waiting for TSEP and DNRC to approve the plan.
· Once approval is received, the city will go out for bids on the project.
· This will be a $1,033,000 project.
· If the city cannot afford the whole project, the Lindy Lane part of the project will not be
completed.
· Mayor Olson commented that the city has been looking forward to this project for five
years since the feasibility study was completed, and it will have an impact on the amount
of water going to the wastewater treatment plant.
· Thc project will tie into thc end of the mainline that goes out of the city behind Jan's
IGA.
Resolution - Annexation of Solid Foundations Subdivision
Resolution - Annexation of Iron Horse Station Subdivision
· Keith Molyneaux explained the two resolutions for annexation of Solid Foundations and
Iron Horse Station Subdivisions.
· The final plats and annexation have akeady been approved.
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Council Workshop Minutes of December 13, 2005
· These resolutions will clari~ the language of the original resolutions and include
annexation verbiage.
· The resolutions will make it clear to the Yellowstone County Clerk and Recorder that
these two subdivisions are annexations and part of the City of Laurel.
· Keith mentioned that the form the developers use to petition or request preliminary plats
will be changed to include a line that asks if annexation is also being requested.
· With this addition to the form, the date oftbe request for the preliminary plat will also be
the date of request for armexation.
Public Works / Public Utilities Schedule of Fees:
· Steve distributed copies of the proposed fee schedules and asked the council to review
them and contact him with any comments.
· Perry explained that a resolution to eppmve the fees for all of the city's departments will
be presented to the council soon.
· Steve said that some of the fees are currently in ordinance, and that needs to be changed
to allow fees to be changed by resolution.
Cemetery discussion: · Mayor Olson stated that the city is investigating an opportunity for part of the cemetery
to be dedicated as a veterans' park.
· Dick read a draft letter that Perry had prepared.
· A letter of council support will be needed.
· Dick and Norm recently met with two county commissioners and another meeting is
scheduled for next week.
· The council will be informed as things progress.
Executive review:
· Request for support from Mike Kadas, Mayor of Miasoula
o The letter requesting support was distributed to the council.
o For two years, representatives of Bozeman, Butte, Great Falls, Helena and
Missoula have been working to acquire the utility assets of NorthWestern Energy
in Montana.
o Mayor Olson believes it is something that would benefit the State of Montana,
and he would like the council's approval to send a letter of support to Mayor
Mike Kadas.
· The request will be on the council agenda on December 20th.
o Mary mentioned that NorthWestern Energy, along with other big entities, have
protested their taxes.
· NorthWestern Energy paid its taxes under protest, which freezes them up.
· Entities cannot use the tax monies while they are under protest, and the
companies are appealing the increases in their taxes.
· The taxes are based on their value, which is the market value and they are
contesting it is too high.
· The market value they are contesting for taxation purposes is less than
what is being offered to buy their company.
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Council Workshop Minutes of December 13, 2005
Council participation in seminm~ - discussion:
· Mayor Olson explained that there are opportunities for council members to be active in
areas outside this jurisdiction to gain more information.
o Several council members have taken advantage of those opportunities.
o Mayor Olson encouraged the council to budget for these opportunities and to
prepare a council policy regarding participation in these opportunities.
Review of draft council agenda for December 20, 2005 · The request for support letter from Mayor Kadas will be added to the council agenda.
· A letter from MMIA regarding a vacancy on the Board of Directors will be added to the
correspondence on the council agenda.
Announcements
· None
Attendance at the December 20th council meeting
· Doug may not be able to attend.
Other items
* Doug expressed concern regarding the possibility of having Wal-Mart build a store in
Laurel.
o There was a lengthy discussion regarding the issue.
The council workshop adjourned at 7:48 p.m.
Respectfully submitted,
Cindy Allen
Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion
of the Council for the listed workshop agenda items.
Estimated Eight Year Park Reserves and Proposed Capital Improvements
Maintenance District Assessed at 112 cent per square foot per year.
MaintenasceDIst. Aasessment: $0.006/ff'*'2 $0.005/ft~2 $0.005h~2 $0,005/ft~2 $0,005/1t'"2 $5.005/ft'"2 $0.006/ft~2 $0,005/ff^2
Staff ~ 4% Ann. Inc.:
O & M ~ 10% Ann. Inc.:
Staff, Opp, & Ma~nt. Total:
Parks Capital ~ 3% Ann Inc *:
Parks Capital Sidewalk, C&G: NA $10,000
ToY:al Estimated Expendutures:
Revenue, District
Revenue, General Fund:
~ 10% Annual Reduction
Total Reve~ue: $269,575 $255,718
Cash Reserve, Contribution: $77,190 $44.018
Cash Resen, e, Cummula6ve:
$102.625 $106,730 $110,999 $115,439 $120,057 $124.859 $129,853 $135,047
$55,950 $39,545 $43,500 $47,849 $52,634 $57,898 $53,688 $70.056
~ $146~.75 $154,499 $163,289 $172,691 $182,757 $193,541 $205,104
~ $55,424 $57,087 $58,800 $60,564 $62,381 $54.252 NA
$10,000 $10.000 $10,000 $10.000 $10,000 $10,000
$131,000 $131,000
$t24,716
$131,000 $131.000
$1t2,246 $101,0ZI
$131.000 $131,000 $131,000 $131.000
$90,919 $81,827 $73,644 $66,280
$243,246 $232,021 $221,919 $212.827 $204,644 $197,280
$21,660 -$67 -$21.336 -$42,310 -$63.148 -$17,824
*Estimated Capitol Expendutures - Sub Caiagorlas
Vehicles (2) $30,000
Tennis C~urt$. Construction $50,000
Playground Equipment**
Picnic Tables $10,000
Sprinlder Systems $70.000
Park Lighting $25,000
Ponderosa Park Development $50,000
@6y~M
Capitol Location **
Thomson $30,000
Kiwanis $18,540
Russell $19,080
Riverside $27,250
Nutting $20,160
r~urry $20,700
Ponderosa $29,500
Lions $30.250
Total: $430,480
II
gcc--omi-Third Draft - 08/22/0512/09/05
DEVELOPMENT AGREEMENT
TillS DEVELOPMENT AGREEMENT is made this day of ,
200-5~ by and between TIlE CITY OF LAUREL, MONTANA, 115 West 1st Street, Laurel,
Montana 59044, hereinafter referred to as the "City," and LAUREL PUBLIC SCHOOLS, 410
Colorado Avenue, Laurel, Montana 59044, hereinafter referred to as "OWNER" or
"DEVELOPER;" and
WHEREAS, The Laurel Public Schools is the owner of certain real property situated in
Laurel, Yellowstone County, Montana, more particularly described as follows:
Tract B-2, Certificate of survey 2385, according to the official certificate of
survey thereof on file and of record in the office of the Clerk and Recorder of
Yellowstone County, Montana; and
WI:IEREAS, the Developer has made application for annexation of said tract into the
City of Laurel.
WHEREAS, th~ Developer desires to construct a new middle school on said tract of land
and the City and Developer desire to place mutually agreeable conditions and restrictions on said
development.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties do hereby agree as follows:
Ownersht'p Transfer - Blocks 1 and 2, Morris Subdivision. The City shall transfer
ownership of all of Blocks I and 2 of Morris Subdivision to Laurel Public
Schools. Said ownership transfer shall be at no cost to Laurel Public Schools. City
staff shall coordinate the ownership transfer, including any city council action,
preparation of deeds, or other tasks required to facilitate said ownership transfer.
Right-of-way vacation and Ownership transfer- portions of East Eighth Street,
East Ninth Street, and Washington Avenue. The City shall vacate and transfer
ownership of that portion of East Eighth Street adjacent to and south of Block 1,
Morris Subdivision; that portion of East Ninth Street adjacent to and lying
between Block 1 and Block 2, Morris Subdivision; and that portion of
Washington Avenue right-of-way lying adjacent to Tract B2, Certificate of
Survey 2385. Said right-of-way lying between said Tract B2 and Schessler Park,
to LaureI Public Schools. Said ownership transfers shall be at no cost to Laurel
Public Schools. City staff shall coordinate the fight-of-way vacations and the
ownership transfer, including any public hearings, city council action, preparation
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o
of deeds, or other tasks required to facilitate said right-of-way vacations and
ownership transfer.
Ownership Transfer - Schessler Park. The City shall transfer ownership of
Schessler Park, a portion of Park View Subdivision, to Laurel Public Schools.
Said ownership transfer shall be at no cost to Laurel Public Schools. City staff
shall coordinate the ownership transfer, including any city council action,
preparation of deeds, or other tasks required to facilitate said ownership transfer.
Alder Avenue Right-of-way. The Developer shall transfer a 40-foot half right-of-
way on Alder Avenue to the City for that portion of Alder Avenue fronting Tract
B2 of Certificate of Survey 2385. Said ownership transfer shall be at no cost to
the City. The developer shall facilitate the preparation of a certificate of survey,
creating said road tract, and the preparation of a deed to transfer the ownership of
the road tract to the City.
Alder A venue Improvements.
A-:.A. Sanitary Sewer main. The sanitary sewer main in Alder Avenue was recently
installed in association with the development of Iron Horse Station Subdivision,
lying north of Tract B2, Certificate of Survey 2385. The developer of Iron Horse
Station Subdivision paid for the installation of said sewer main. Connection to the'
sanitary sewer in Alder Avenue wi!! may require reimbursement of a proportional
share of.the cost of the installation of said sewer main._; as required by city
Water mair~ The developer shall install an gl2-inch water main in Alder
Avenue from the intersection of East 7th Street, north to the main entrance
to the proposed development. Restoration of Alder avenue shall be limited
to the restoration of the trench area, with a mad section of 18 -~ inches of
base gravel and 3 - inches of asphalt surfacing.
Street surface improvements. Surface improvements including, but not
limited to curb and gutter, base gravel, paving, signage, traffic control
devices, sidewalks, and storm drain improvements on Alder will not be
required at this time; however, said improvements may be required in the
future. The developer shall be required to execute a waiver of right to
protest the creation of one or more concurrent or sequential special
improvement districts, or a private contract for the purpose or purposes of
construction of said street improvements.
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Irrigation Ditch. The existing irrigation ditch situated along the west side
of Alder Avenue shall remain in place as an open channel, excepting
culverts to be installed by the developer at the drive approaches into the
development. Said culvert installations shall include Flared End Terminal
Sections and Trash grates to be approved by the City of Laurel Public
Works Department.
Washingion Avenue Improvements.
Street Surface improvements. Surface improvements including, but not
limited to, curb and gutter, base gravel, paving, signage, traffic control
devices, and storm drain improvements on Washington Avenue will not be
required at this time; however, said improvements may be required in the
future. The developer shall be required to execute a waiver of right to
protest the creation of one or more concurrent or sequential special
improvement districts, or a private contract for the purpose or purposes of
construction of said street improvements.
Sidewalk. The developer shall construct a 5-foot wide boulevard sidewalk
on the east side of Washington Avenue fi'onting the development. The
location of the sidewalk shall be subject to the approval of the City of
Laurel Public Works Department.
East Seventh Street Improvements.
Street Surface improvements. Surface improvements including, but not
limited to, curb and gutter, base gravel, paving, signage, traffic control
devices, sidewalks, and storm drain improvements on East Seventh Street
will not be required at tiffs time; however, said improvements may be
required in the future. The developer shall be required to execute a waiver
of fight to protest the creation of one or more concurrent or sequential
special improvement districts, or a private contract for the purpose or
purposes of construction of said street improvements.
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Bindin~ Effect. Developer by signature subscribed hereinbelow agrees, consents,
and shall be bound by the provisions of this Agreement. The covenants,
agreements, and all statements in this Agreement shall run with the land and shall
be binding on the heirs, personal representatives, successors and assigns of the
respective parties.
Attorney's Fees. In the event it becomes necessary for either party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreeme~at or to give any notice required herein, then the prevailing party or the
party giving notice shall be entitled to reasonable attorney fees and costs.
10.
Amendments and Modifications. Any amendments or modifications of this
Agreement or any provisions herein shall be made in writing and exeCUted in the
same manner as this original document and shall after execution become a part of
this Agreement.
IN WITNESS WI-IEREOF, the parties have executed this Agreement as of the day and
year first above written.
"CITY"
THE CITY OF LAUREL
MONTANA
By:
Mayor
Attest:
City Clerk
STATE OF MONTANA )
: SS
County of Yellowstone )
On this day of ,2005, before me, a Notary Public in and for the
State of Montana, personally appeared
and , known to me to be the Mayor
and City Clerk, respectively, of the City of Laurel, Montana, whose names are subscribed to in
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the foregoing instrument in such capacity and acknowledged to me that they executed the same
on behalf of the City of Billings, Montana.
Notary Public in and for the State of Montana
Printed name:
Residing at Billings, Montana
My commission expires:
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'~OWNER" or
"DEVELOPER"
Laurel Public Schools
By:
Its:
STATE OF MONTANA
County of Yellowstone
)
i SS
On this day of ,2005, before me, a Notary Public in and for the
State of Montana, personally appeared . known to me
to be the of Laurel Public Schools., the entity which executed the
foregoing instrument and acknowledged to me that said entity executed the same. Witness my
hand and seal the day and year hereinabove written.
Approved as to Fonu
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
City Attorney
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