HomeMy WebLinkAboutCommittee of the Whole Minutes 03.18.1997 MIN~JTES
CITY COUNCIL COMMITTEE OF THE WHOLE
MARCH 18, 1997 6:34 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT:
OTHERS PRESENT:
Chairman- Chuck Rodgers
Norman Orr Dirk Kroll
Gay Easton Donna Kilpatrick
Miles Walton William Staudinger
Bud Johnson
V. Joe Leckie
Andy Loebe
Mike Zuhoski~.
Jim Flisrand
Don Hackmann
Rick Musson
Chuck Rodgers reported that Jim Kraft, Yellowstone County Director
of Disaster and Emergency Services, will be at the next pre-council
meeting to give an update on the possibility of flooding.
Discussion regarding flooding at Riverside Park.
Miles questioned the cleaning of the underpass. The state
generally cleans the sand from the area. The City does the
sweeping, by contract with the state. Jim will check with the
state regarding their spring cleanup of the underpass.
Andy reported that all the 90 gallon garbage cans have been
delivered in Alder Ridge. The first pickup in that area will be
Wednesday, March 26, 1997.
Rick distributed and reviewed a Police Department activity report
between 3/4/97 to noon on 3/18/97.
Jim distributed and reviewed the DPW Update of 3/18/97.
The meeting was adjourned at 6:47 p.m.
Respectfully submitted,
Don Kackmann
City Clerk
FROM: Jim Flisrand, Director of Public Works
TO: Mayor and City Council
DATE: March 18, 1997
SUBJECT: Public Works- UPDATE
STREET & ALLEY
1. Pothole patching (weather permitting).
2. Sign replacement as needed.
3. Sweeping as weather permits.
PARKS & CEMETERY
1. Equipment and building maintenance as needed.
WATER & SEWER
1. Plants continuing with normal treatment and maintenance
activities.
2. Water Improvements Project continuing with final design.
Considerable time spent working with consultant on proposed
water rates. Following public hearing on March 4, 1997, a
workshop with the City Council and interested public met at
7:00 p.m., March 17, 1997. Discussions regarding rates,
construction needs, financing and state mandates were
reviewed. Good public input and council interaction.
SOLID WASTE
1. Proceeding with collection and container site operation as
required.
ADMINISTRATION
1. Construction planning and building activity is typical of this
time of the year.
2. Working with COP Construction regarding installation of water
lines associated with the bridge project. Water Plant will be
shut down for short periods of time throughout project. Major
tie-ins at the plant have been completed.
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BUY-SELL AGREEMENT
THIS IS AN AGREEMENT by and between CITY OF LAUREL, of Laurel,
Montana, hereinafter referred to as "SELLER", and CARL ROOKHUIZEN and
CHARLES WIDDECOMBE, P.O. Box 20814, Billings, Montana 59104, (tel# (406)
259-1573), or their assignees, hereinafter referred to as "BUYER".
1. Seller agrees to sell and Buyer agrees to buy the following-described real
property situated in Yellowstone County, Montana, for the total purchase price of
to ri-r D U?-ZARP_ N01100 DOLLARS
($-1_0 , ab ?:
Lots 14 through 27, Block 10 and Lot 10, Block 11, of Cherry
Hills Subdivision 2nd Filing_
2. The purchase price shall be paid as follows:
(a) Ten percent (10.0%) of the purchase price, as earnest money, receipt of
which is hereby acknowledged by Seller, accompanies this Agreement. If
Seller executes this Agreement and the Buyer fails or refuses to perform
this Agreement according to its terms, Seller may elect to retain said earnest
money as liquidated damages and not as a penalty.
(b) The balance, in cash, shall be paid at the time of closing.
3. It is agreed that this sale shall be closed, the purchase price paid and the
Warranty Deed and any other pertinent papers executed as soon as reasonably practical,
but no later than 45 days following the date of execution of this Agreement by the City of
Laurel.
4. Buyer shall be entitled to possession of the real property described in this
Agreement on the date of closing.
5. Closing fees cha gcd ?-y the closing agent shall be divided equally between
the parties. All other closing costs shall be paid by the parties as is customary in the
Laurel, Montana area. First Montana Title, of Billings, Montana, shall serve as the
closing agent.
6. Taxes, if any, shall be pro-rated as of the date of closing, based upon the
most recent tax assessment.
7. Seller s,Lall f urnish Buyer with a standard owner's title insurance policy
covering the above-described real property having a face value equal to the purchase price
required by this Agreement, containing no exceptions from coverage which would prevent
Seller from conveying good and merchantable title to Buyer of the quality hereinafter
agreed to be conveyed.
8. Seller shall convey the above-described real property to Buyer by a
Warranty Deed, with the usual covenants expressed in Section 30-11-110, Montana Code
Annotated, and subject only to taxes for 1997, and subsequent years, rights of way,
reservations, easements, restrictions of record, waivers given to governmental entities, and all
prior conveyances, leases, or transfers of any interest in minerals, including oil, gas, and other
hydrocarbons. Assessments on the property, if any, shall be paid off by Seller, at closing.
9. At closing, Seller shall provide Buyer with a copy of the engineering plans
approved by the State Dept. Of Health & Environmental Sciences, for water and sewer services
to the property, if Buyer is otherwise unable to obtain those plans prior to closing.
10. This Agreement is contingent upon approval of a Subdivision Development Plan
substantially in conformance with the proposal attached hereto, and execution of that Agreement
by the City at closing, and upon receipt from the City of a letter to the State of Montana stating
that those lots previously known as Lots 1 through 10, Block 15, and Lots 7 through 9, Block 11
of Cherry Hill Subdivision, 2nd Filing, will be allowed to hook up to city water and sewer, once
those lots have been replatted and annexed into the City of Laurel.
11. This Agreement may be specifically enforced. If any legal action or proceeding
is filed to construe or enforce this Agreement, the prevailing party shall be entitled to recover
reasonable attorney fees actually incurred, in addition to other costs allowed by law.
12, The parties covenant and agree that they will respectively do all reasonable and
necessary acts to perform this Agreement and effect a timely closing.
13. This is the entire Agreement between the parties and shall be binding upon the
heirs, personal representatives and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
Dated: CITY OF LAUREL
BY:
C OGERS, MAYOR
Dated:'
CARL ROOKHUIZ
Social Security # 9 )1-?lf3rq???
C ES WIDDECOMBE
Social Security # 1 -7 - O -
•
uepartment of Health and tnfironmental 5cences
STATE OF MONTANA HELENA,MONTANA 59WI
ENVIFCNME= SCIEN=S DIVISION
(406) 449•-3946
September 6, 1979
HKM Associates
P.O. Box 31318
Billings, MT 59101
A. C. Knight, M.O..F.C.C.P.
Director
RE: Water a sewer extension into Cherry Hills Subdivision - 2nd Filing
Yellowstone County
The above-- referenced plans and specifications have been reviewed by per-
sonnel of the Subdivision Bureau and were found to be satisfactory. Approval of
the plans is given herewith.
This approval is given with the understanding that any deviation from the
approved plans will be submitted to the department for reappraisal and approval.
Upon completion of the project, the engineer will be required to submit a state-
ment that the water and/or sewer system has been inspected and found to be
installed in accordance with the plans and specifications as approved by the
depaxbrent.
Occupancy of any structure requiring water supply or sewage treatment _
facilities is prohibited prior to completion of the project unless interim plans
have been reviewed and approved by the department and the engineer has Cart.1fied
that the interim facilities have been installed in accordance with the approved
interim plans.
It is further understood that construction will be started within two years
of this date. If more than two years elapse before beginning construction it
shall be necessary to resubmit the plans when construction is contemplated.
Sincerely yours,
Edward W. Casne, P.E., Chief
Subdivision Bureau
Envi==-ental Sciences Division
Jg
cc: Sanitarian
Water Quality
DIES (P/S? EEO/AFFIRMATIVE ACTION AGENCY
PROPOSED SUBDIVISION IMPROVEMENT AGREEMENT 0
It is recognized that as a condition of development, a Subdivision Improvement Plan
must be approved prior to development. At the same time, the buyers have committed
significant time and money developing a plan for improvement prior to the purchase of the lots
in question. In order to be economically viable, the Subdivision Improvement Plan must be
substantially as outlined below, the terms of which were developed in consultation with the City
Engineer.
Therefore, as a contingency to the bid and the Buy Sell agreement between Carl
Rookhuizen and Charles Widdicombe as buyers, and the City of Laurel, as seller for the purchase
of fifteen lots located in the Cherry Hills Subdivision, 2"d Filing, Block 11, Lot 10 and Block 10,
lots 14 through 27, the approved final Subdivision Improvement Plan must conform substantially
to the following requirements.
Road: That portion of Cherry Hills Drive and Betty Avenue facing the
lots, shall be an eight inch base of pit run gravel, four inch cushion of road base gravel, covered
with two inch asphalt mat running face of curb to face of curb with a total back of curb to back of
curb width of thirty-seven feet. One-half of 121 Street fronting on Lot 14, Block 10 to the west
end of the curb radius of Lot 1, Block 11, facing 121, Street shall be a ten inch base of pit run
gravel, four inch cushion of road base gravel, covered with three inch asphalt mat.
Curbs and Gutters: Rollover type characteristic in the neighborhood.
Sanitary Sewer and Water: In accordance with plans approved for Cherry
Hills Subdivision 2"d Filing by the Montana Department of Health and Environmental Sciences
by letter dated September 6, 1979, addressed to HKM Associates, a copy of which is attached.
Utilities: Electric power, natural gas, telephone and cable TV shall be
underground.
Dated this 18`" Day of March, 1997.
CARL R O N
CHARLES WIDDICOMBE
0
STATE OF MONTANA
DEPARTMENT OF HEALTH AND ENVIRONMENTAL, SCIENCES
CERTIFICATE OF SUBDIVISION PLAT APPROVAL
(Section 76-4-101 through 76-4-131, MCA)
Tor County Clerk and Recorder No. 56--80-L4-20
-Yellowstone County
Billings, Montana ..
THIS IS TO CERTIFY THAT-the plans and supplemental information relating to the subdivisioi
known as Cherry Hills Subdivision - 2nd filing, Section 8, T25, R24E consisting of
115 .lots have been reviewed by personnel of the Subdivisi.on_Bureat;, .and,_ -
THAT the documents and data required by Section 76-4-101 through 76-4-131, M.C.A.
1979 and the rules of, the Department of. Health- and. Environmental Sciences. made-and
promulgated pursuant thereto have been submitted and found to be-in compliance.
therewith, and,
THAT approval of the Plat of said subdivision is made with the understanding that the
following conditions shall be met:
THAT the lot sixes-as indicated on the Plat to be filed with the county- clerk.and
recorder will not be further altered without approval, and,
THAT each, lot shall be used for one singlefamily dwelling, and,
THAT the public water. supply system'and public sewage treatment system will be provided
by - the ••dity of Laurel:, and,
THAT instruments of transfer for this. property shall contain reference to these
conditions, and,
THAT departure from?any criteria set forth in the approved plans and specifications
and ARM 16-2.14(10)--S14340 when erecting a structure and appurtenant facilities in
said subdivision without Department approval, is grounds for injunction by the
Department of Health and Environmental sciences..
YOU ARE REQUESTED-to record this certificate by attaching it to the Plat of'.said
subdivision filed in your office as required by law.
DATED this 6th day of September, 1979.
A.C. KNIGHT, M.D., F.C.C.P.
see DIRECTOR
Edward W. Casne, Chief
Subdivision Bureau
Environmental Sciences Division
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