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HomeMy WebLinkAboutCouncil Workshop Packet 03.27.2018AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, MARCH 27 6:30 P.M. CITY COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight's 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. If a citizen would like to speak or comment regarding an item that is on tonight's agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. 2. General items 3. Executive Review ® Resolution —Resolution— YMCA Pool Proposal ® Resolution — Task Order - East 6th Street Reconstruction ® Motion — Approve consideration by Staff, an application to annex property constituting less than one half of a City Block: Lots 1— 6, Block 7, Nutting Brothers Subdivision o Motion to allow Council Member Mountsier to be absent from the City of Laurel for more than ten day (LMC 2.12.060) m Council Issues: o Update on 2011 Yellowstone River flooding event o Update from staff on electrical work needed in Horseshoe Club building 4. Other items Review of draft council agenda for April 3, 2018 6. Attendance at the April 3, 2018 Council meeting 7. Announcements The City makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in this meeting. Persons needing accommodation must notify the City Clerk's Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to Bethany Keeler, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and the YMCA for the operation and management of the Laurel City Pool, a copy attached hereto, is hereby approved. Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given authority to execute said contract on behalf of the City. Introduced at a regular meeting of the City Council on April 3, 2018, by Council Member PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 3rd day of April, 2018. APPROVED by the Mayor this 3rd day of April, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, Clerk/Treasurer Sam S. Painter, Civil City Attorney R18-_ YMCA Pool Operation and Management Contract March 23, 2018 TO: City of Laurel RE: Proposal for Operation and Management of City of Laurel Municipal Pool The Billings Family YMCA is proposing to provide operational management for the City of Laurel's municipal pool for the 2018 summer season, beginning June 4, 2018 and ending on August 17, 2018. The YMCA has the ability to offer a variety of aquatic programming to the community of Laurel as well as provide the staff necessary to manage day to day recreational swim opportunities. YMCA Responsibilities: The YMCA would develop, publish and implement a schedule of instructional opportunities, and recreational swimming activities that will be available to the community of Laurel. The YMCA is proposing to keep separate and remit all income from recreational, open, swimming to the City of Laurel at a daily rate established by the city. The YMCA would agree to deliver all monies collected to an established drop box at the close of business on a daily basis. The YMCA is also proposing to offer a variety of YMCA programming (see Appendix A) to the community in which any fees collected through a standard reduced rate Off -Site Membership practice, would remain with the YMCA. YMCA programming would be conducted either before or after the established open recreational swimming times. Open recreational times in general would be conducted, but not limited to, Monday through Friday, 12:OOpm to S:OOpm, Saturday and Sunday 1:OOpm to S:OOpm. YMCA programming in general will be conducted, but not limited to, before and/or after open recreational swim times. The YMCA reserves the right to conduct programming during the open recreation times as bather load levels and traffic patterns permit. The YMCA would use the pool during open recreational swim times for YMCA camp activities; however, participants would pay the established daily entrance fee. The YMCA would also agree to schedule these kinds of activities on a limited number of swimmers basis during lower load level and traffic patterns. The YMCA would provide liability insurance of at least $2,000,000.00 per occurrence during the term of this agreement. Such insurance would extend to both YMCA Officers and Directors and employees while they are operating and managing the swimming pool. The YMCA would also name the City of Laurel as an Additional Insured on said policy. The YMCA would provide Workman's Compensation Insurance for all employees involved in the operation of the swimming pool in accordance with the laws of the State of Montana. All personnel employed by the YMCA to supervise aquatic activities would have the following certifications: Lifeguards: Current YMCA lifeguard or American Red Cross Lifeguard and BLS (Basic Life Support), First Aid, Oxygen administration, and AED Certified. Instructors: Currently hold a minimum of one of the following: YMCA Swim Instructor, Principles of YMCA Aquatic Leadership, American Red Cross Water Safety Instructor. All personnel required for the operation of the swimming pool would be employed by the YMCA. All YMCA personnel will adhere to established aquatic code of conduct, workplace activity requirements. YMCA staff would be responsible for conducting and recording water chemistry readings at least 3 times per day, or as necessary to comply with state regulation. YMCA staff would be responsible for general janitorial maintenance of the deck areas and pool buildings, as well as vacuuming the pool. YMCA staff would make the decision to operate, or not operate, the swimming pool during periods of inclement weather or during other conditions, which may present a hazard to the swimmers and/or employees. If weather or other conditions dictate closure of the pool, the YMCA would re -open the pool if at least 1 hour remains in the scheduled time. The YMCA would establish policies regarding safety, security, employee and patron conduct on the premises of the pool, including current YMCA swim testing and age requirement protocol. City of Laurel Responsibilities: The City of Laurel would be responsible for managing water chemistry, chemical additions to pool, mechanical systems and maintenance of the swimming pool, structure and associated buildings and equipment. The City of Laurel through the local law enforcement would be responsible for the security and protection of the swimming pool, including YMCA employees and patrons. The City of Laurel would provide all necessary maintenance, water chemistry and janitorial supplies as well as provide a pool vacuum for Y staff use, for the operation of the pool. The City of Laurel would provide and maintain necessary ADA Lift equipment. Management As compensation for managing and operating the swimming pool, the City would agree to pay the YMCA a seasonal management fee for pool operations beginning June 4, 2018 through August 17, 2018. YMCA staff would need access to the facility several days before and after these dates for preparation, cleaning and equipment logistics. The YMCA proposes a total cost of $45,600 for the 2018 summer season. The City would agree to remit 2 installments of $16,200 on or before the 1St day of July, the 11 day of August and $13,200 on the 11t day of September. Under this proposal, the pool would be open to the community for recreational, open swim, a maximum of 33 hours per week. The YMCA will offer aquatic programming including, but not limited to, swim lessons and lap swimming depending on community interest, either before or after the established recreational hours of 12 to 5pm Monday -Friday and 1-5pm Saturday and Sunday. The YMCA will exclude the July 4 I Holiday from operation. The YMCA and the City of Laurel would agree to meet on a regular basis, at least monthly, and additionally as the need arises, to discuss operational needs and patron feedback. The YMCA Pool Manager, Aquatic Director, COO, CEO, in succession, will field patron feedback issues as necessary for resolution. The YMCA and the City of Laurel would agree to communicate any feedback either receives. The YMCA's area of responsibility would be limited to the fenced pool area. The scope of general liability responsibility of the YMCA will begin when patrons enter the fenced pool area and ceases upon leaving the fenced pool area. Billings Family YMCA Date City of Laurel Date Appendix A Program Description Swim Lessons The YMCA Swim Lessons program helps participants develop a solid foundation of basic aquatic skills, helping them develop a lifelong appreciation for aquatic activities, including swimming and introducing them to a variety of aquatic sports, as well as water safety and lifeguarding. The Swim Lessons Program begins at 6 months of age and is divided into several levels: 3-5 yrs old (Preschool Levels) 1. Beginner 2. Intermediate 3. Advanced 6 yrs old and up (Youth Levels) 1. Beginner 2. Advanced Beginner 3. Intermediate At each level, participants are involved in activities relating to six components: 1. Personal safety 2. Personal growth 3. Stroke development 4. Water games and sports 5. Rescue 6. Core Values (Honesty, Caring, Respect, Responsibility) Lap Swim Lap swimming remains one the most beneficial fitness activities that can be enjoyed at any age, or as part of any physical fitness routine. Appendix B YMCA Pricing The YMCA employs a pricing structure for programs that rewards membership to the YMCA by means of financial savings. The YMCA has a scholarship process available to anyone so that no one is turned away due to inability to pay. The YMCA has 3 categories of program registration based on membership type. YMCA Member- Being a YMCA member offers many benefits for the entire family including access to all the services and amenities at the YMCA facility in Billings. It also offers the most economical pricing on all fee based programs. There are many non -fee based services and activities that go with membership, including free child watch, unlimited access to over100 group exercise classes per week, both land and water, and access to open gym time and swimming activities. Off -Site Member- Becoming a YMCA Off -Site member is an option for people who live outside the city of Billings to realize a financial savings on various programming offered throughout Yellowstone County. This type of membership does not allow access to the YMCA facility in Billings. This type of membership requires an annual $55 fee, which then allows registration for any YMCA programs under the Off -Site member category where applicable. Non-member - We encourage everyone, regardless of membership, to take advantage of the many opportunities and activities available through YMCA programming. Laurel Aquatics Program Pricing Swim Lessons per session (1 month sessions meeting 2 times per week or 2 week session, M -Th) Member $50 Off -Site Member $60 Non -Member $80 Lap Swimming, (1 month sessions, lap swimming available on daily fee, punch card basis) YMCA programming is subject to minimum participation number system. A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON, 1' FOR STREET RECONSTRUCTION ,,,# WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee & Jackson, Inc. ("KLJ") on December 5, 2017, via Resolution No. R17-69; and WHEREAS, the City of Laurel requires engineering services for the City Project known as the East 6°i Street Reconstruction Project as described in the attached Task Order with is incorporated herein by reference; and WHEREAS, the services to be provided and cost for such services are fully described in the attached Task Order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the attached Task Order authorizing the services to be performed by KLJ for the City of Laurel is hereby approved and the Mayor is hereby authorized to execute the attached Task Order on the City's behalf. 2018. Introduced at a regular meeting of the City Council on April 3, 2018, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 3rd day of April, APPROVED by the Mayor this Yd day of April, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Keeler, Clerk -Treasurer ' : l :f.` ITfI �l�i�a , . Sam Painter, Civil City Attorney R18-_ Approve Task Order for Hydrogen Sulfide Remediation Services: Kadrmas, Lee & Jackson, Inc. REVISED €.I RA F i (3-19-2018"; This is a Task Order for KU Project No. 1804-00121, consisting of 4 pages, plus attachments. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December S, 2017 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: B. Owner: City of Laurel C. Engineer: Kadrmas, Lee & Jackson, Inc. (dba "KU") D. Specific Project (title): East 6th Street Reconstruction E. Specific Project (description): Street reconstruction and related work from Vt Avenue to Wyoming Avenue. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR) Services – Owner and Engineer anticipate a Task Order amendment to incorporate RPR services following completion of Final Design Phase services. C. Designing to a Construction Cost Limit – Not Used D. Other Services – Not Used E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. Task Order Form EJCDC6 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright cC 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 F,€ a !SEI t `), 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. 4. Owner's Responsibilities A. Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: ® Pay the cost of any review fees imposed by agencies having jurisdiction over the project. Coordinate with Laurel Public Schools and other stakeholders to evaluate access and traffic control considerations. ® Perform all duties (including legal and bond counsel) related to creating a special improvement district not identified in Engineer's Basic Services below. S. Task Order Schedule A. In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: • Owner desires to have construction occur between July 5, 2018 and August 23, 2018. Engineer will plan the project to accommodate these dates, barring delays from SID creation, weather or other unexpected circumstances. Owner will provide review comments, in writing, to Engineer for any draft deliverables submitted by Engineer. Owner will provide comments within 10 -days of receipt from Engineer. Owner acknowledges delays in review/response may extend the final schedule. Engineer shall provide periodic updates to Owner on the anticipated completion schedule, throughout the duration of the project. Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services: Study/Report, Design and Bidding Phases (A1.01 -A1.05) $126,770.00 Lump Sum 2. Basic Services: Construction and Post -Construction Phase (A1.06 -A1.07)* $ (tbd) Direct Labor TOTAL COMPENSATION $126,770.00 3. Additional Services (Part 2 of Exhibit A) (N/A) Direct Labor *Based on a [ tbd ] -month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: Exhibit A — Engineer's Services for Task Order 10. Other Documents Incorporated by Reference: Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 I 1:.w; a P 1r /k} 3 1 13 December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition 11. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is OWNER: City of Laurel By: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Title: Director of Public Works PO Box 10 Address: Laurel. MT 59044 E -Mail Address: kmarkegard@laurel.mt.gov Phone: 406-628-4796 ENGINEER: Kadrmas, Lee & Jackson, Inc. By: Print Name: Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Carl Jackson Title: Project Manager PO Box 80303 Address: Billings, MT 59108 E -Mail Address: carl.jackson@kljeng.com Phone: 406-245-5499 Task Order Form EJCDC9 E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 This is EXHIBIT A, consisting of 11 pages, referred to in and part of the Task Order dated Engineer's Services for Task Order: East 6th Street Reconstruction PART 1—BASIC SERVICES A1.01 Study and Report Phase Services A. Project Management—tasks below apply to the entire Task Order. 1. Organize and facilitate kick-off meetings (one each) with Owner and Engineer's project teams to confirm roles, responsibilities and expectations for completing the project. 2. Provide project management services consisting of creating a work breakdown structure and detailed project schedule, creating and implementing a project management plan, facilitating weekly progress meetings and team coordination, reviewing time and expenses and generating monthly invoices, providing bi-weekly status updates to Owner, and provide oversight of the day- to-day Project activities. Attend up to three (3) unscheduled meetings as needed to coordinate with Owner or other stakeholders. 4. Public Informational Meeting– It is expected that one (1) public informational meeting will be held prior to construction. Engineer will prepare necessary exhibits and attend to represent the project. B. As Basic Services, Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. Identify potential solution(s) to meet Owner's Specific Project requirements, as needed. Study and evaluate the potential solution(s) to meet Owner's Specific Project requirements. a. Provide a geotechnical investigation, including up to six bore holes, suitable for the design of the rehabilitations within the project area. The investigation will include evaluation of bearing capacities, corrosion potential, ground water depth, if encountered, and laboratory testing. This investigation will be the basis of pavement design and subsurface drainage evaluations. Evaluate up to four (4) pavement section alternatives based on observations and recommendations provided by the geotechnical engineer. Alternative sections to include geotextiles, aggregate material thicknesses and potential subsurface drainage elements. Evaluate cost-effectiveness of each alternative. Design of subsurface drainage features to increase pavement design life, due to high groundwater, is not included but would be performed as Additional Services if deemed the preferred alternative from this evaluation. Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright c0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 %E.Mf3Em!....} D t.. `.65.. s t ?... "i ... t„ i8, c. Drainage Analysis — Evaluate opportunities and constraints related to utilizing existing storm water conveyances, including curbs, gutters, pipes and storm drains. Provide a preliminary delineation of drainage patters within the right-of-way (existing and proposed), assess any known deficiencies, and advise Owner accordingly. Conduct a cursory review of drainage flow patterns coming from Thompson Park. A detailed hydrologic or hydraulic analysis, or design of surface water storm drains and other alternative storm water management or treatment facilities, is not included, and would be provided as Additional Services following this analysis and upon Owner request. d. Engineer's services include providing two (2) conceptual alternatives of the final street cross section, to assist Owner with determining the final project scope based on Owner's budget constraints. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project -related data and information described in Exhibit B, for Engineer's use in the study and evaluation of potential solution(s) to Owner's Specific Project requirements, and preparation of a related report. 4. After consultation with Owner, recommend to Owner the solution(s) which in Engineer's judgment meet Owner's requirements for the Specific Project. 5. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Specific Project to be designed or specified by Engineer. 6. Prepare a report(s) which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and Engineer's recommended solution(s). For each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; proposed allowances for contingencies; the estimated total costs of design, professional, and related services to be provided by Engineer and its Consultants; and, on the basis of information furnished by Owner, a tabulation of other items and services included within the definition of Total Project Costs. For the purposes of this Task Order, the report(s) consist of a geotechnical investigation report and memorandum(s) summarizing Engineer's drainage analysis and evaluation of road construction alternatives. 7. Furnish three (3) review copies of the Study and Report Phase deliverables to Owner and review with Owner. 8. Revise the Report and any other Study and Report Phase deliverables in response to Owner's comments, as appropriate, and furnish two (2) copies of the revised Study and Report Phase deliverables to the Owner. Engineer's fee is based on completing revisions one time; multiple iterations will be provided as Additional Services. C. Engineer's services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the revised Study and Report Phase deliverables. Up to two (2) combined Site visits or Owner meetings are included in the above Study and Report Phase tasks. Exhibit A— Engineer's Services EJCDC® E -SOS, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright OO 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 2 A1.02 Special Improvement District Creation Phase A. As Basic Services, Engineer shall: 1. Provide assistance to Owner for creating a special improvement district (SID). Owner's intent is to create a SID that will pay for portions of project costs related to sidewalks and private driveway approaches. Prior to Engineer commencing with below tasks, Owner will confirm the construction items to be included in SID costs. a. Provide an opinion of total probable construction cost summary for items selected by Owner to be included in the SID. Owner will determine cost of bond issuance and other SID -related costs not related to Engineer's fees and opinion of probable construction cost. b. Complete property ownership research and mapping, which includes obtaining information available from public records and creating an ownership exhibit showing the SID boundary determined by Owner, and individual parcel boundaries with address, subdivision, lot and block information. c. Compile and provide Owner a property ownership data list including parcel owner names, TaxID number, address and legal description. Assuming an iterative process will be necessary to determine the preferred method of assessment, complete up to three (3) iterations of opinion of probable construction cost. Owner will be responsible for evaluating and verifying lot sizes, for determining the method of assessment (cost per lot, cost per square foot, cost per linear foot of frontage, etc.), and for calculating the final per lot assessment amount. d. Submit drafts of the above deliverables for Owner's review and comment and revise one time after initial review by Owner. e. Attend up to three (3) staff, City Council, public hearings or other meetings related to the SID creation process. Owner will conduct individual meetings with parcel owners. A1.03 Preliminary Design Phase A. As Basic Services, Engineer shall: 1. Provide necessary field surveys and topographic and utility mapping for Engineer's design purposes. Existing utility mapping will include Engineer contacting utility owners and obtaining available information. Provide right-of-way and parcel ownership research and mapping. Research property boundaries based on plats and certificates of survey obtained from public records. The right-of- way survey is projected to include ties only to readily identifiable property corners in order to allow survey maps on each side to be computed and attached to the base drawing. This procedure is anticipated to be sufficiently accurate to reasonably determine the existing right- of-way and decide if right-of-way acquisition should be evaluated in greater detail. If acquisition is necessary, subject properties likely will require individual surveys and lot lines verified, the work associated with which is not included in this scope of work and will be addressed as Additional Services. Exhibit A — Engineer's Services E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright c0 2014 National society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 b. Topographic and Design Surveys — Complete and furnish preliminary ground survey of project limits to include site contours, existing surface features, and above- and below -ground utilities. Topographic survey will generally be bounded within right-of-way limits, and occasionally beyond as needed to verify grades, adjacent features, and structures. The topographic survey will be accomplished by conventional survey methods. Primary control points will be established as Montana NAD83 (2002) OPUS corrected State Plane Coordinates. Prior to beginning topographic data collection, a level network will be run through all control points and tied to the vertical datum. As topographic data is collected an ongoing QC -QA process will verify all data and make sure pertinent features are be included on the map. Base Drawing Preparation — Create a base drawing depicting calculated parcel boundaries, topographic survey data, and record drawings provided by Owner and other utility owners. d. Engineer's fee assumes that the above work will occur during a period when snow is not present at the Site. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Specific Project. The extent of Engineer's design tasks that will be reflected in Drawings and Specifications, will include the following components: Geometric (plan & profile) Design — This task includes establishing the typical section and then designing final roadway alignments, grades, and cross-sectional features including pavement, curb/gutter, valley gutters, sidewalks, accessibility ramps and drive approaches. Geometric design will be from the east side of the 11t Avenue right-of-way to Wyoming Avenue. Design modifications to the Wyoming Avenue intersection will be minimal only if required to improve drainage. Modifications to the 1St Avenue intersection are not included. Owner intends to salvage all sidewalk that is in good condition. Designing new sidewalk alignment and profile on the north side of the road to accommodate drainage from Thompson Park is not anticipated. b. Water main rehabilitation L Design replacement of the existing fire hydrant on the north side of the Colorado Avenue intersection, including the 6 -inch hydrant lead crossing East 6th Street. ii. Design replacement of three (3) water valves near the Wyoming Avenue intersection, and approximately 20 -feet of water main from each new valve to connect with existing water main. iii. Design an additional fire hydrant on the southwest quadrant of the Wyoming Avenue intersection. c. Detail Drawings — Provide detail drawings of grading, paving, approaches, intersections and other supplemental design information required for construction. d. Traffic Control —This task includes determining signing and pavement markings for permanent traffic control, as well as evaluating haul routes and creating a temporary traffic control plan for Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 R'V I r --1 = ` use during construction. This task does not include traffic operations analysis or traffic signal design, nor does it include a parking study. e. The project will be confined to existing right-of-way limits. However, existing fences, landscaping, retaining walls and similar features may be disturbed by construction. Since the extent of potential impacts is undetermined, the scope of work does not include design of repairing or replacing adjacent private property features. If required, Engineer would provide related work as Additional Services upon Owners authorization. The following tasks are also included in Engineer's scope of services as part of the Preliminary Design Phase. a. Coordinate with Owner to evaluate considerations related to parks or trails and incorporate such considerations in the Preliminary Design Phase documents. Coordinate with affected private utility owners (power, gas, phone, etc.), and evaluate if existing or potential conflicts necessitate utility relocation. If required, facilitate one (1) preliminary utility coordination meeting with Owner and other utility owners. Provide a written recommendation. Completing a Subsurface Utility Engineering (SUE) survey is not included in this scope of work. c. Coordinate permitting with MDT, if necessary. Additional permitting is not anticipated. 4. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 5. Obtain and review Owner's instructions regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's bidding -related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner's design and construction standards, Owner's standard forms, general conditions (if other than E1CDC® C-700), supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding -related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. 6. Furnish two (2) review copies of the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner, and review them with Owner. 7. Visit the Site as needed to assist in preparing the Preliminary Design Phase documents and to review with Owner. Up to two (2) combined Site visits or Owner meetings are included in the Preliminary Design Phase tasks, excluding A1.02.A.1 above. Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright O 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Engineer's services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. Engineer's fee is based on completing the Preliminary Design Phase services above one time; multiple iterations will be provided as Additional Services. Engineer will not proceed with Final Design Phase without Owner's acceptance of Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables that may affect the scope of the Project. A1.04 Fina/ Design Phase A. As Basic Services, Engineer shall: 1. On the basis of the above acceptance, direction, and authorization, and after receiving Owner's written review comments, prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Engineer's fee is based on completing the Final Design Phase services described below one time; multiple iterations will be provided as Additional Services. 3. Visit the Site as needed to assist in preparing the final Drawings and Specifications and to review with Owner. Up to two (2) combined Site visits or Owner meetings are included in the Final Design Phase tasks. 4. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from MDT, if necessary. Additional permitting is not anticipated. 5. Temporary Easements — determine extents of temporary easements and prepare exhibits and description for Owner's use in obtaining temporary construction easements. Owner will be responsible for temporary easement negotiations. 6. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. 7. In addition to preparing the final Drawings and Specifications, assemble drafts of other Construction Contract Documents based on specific instructions and contract forms, text, or content received from Owner. 8. Prepare or assemble draft bidding -related documents (or requests for proposals or other construction procurement documents), based on the specific bidding or procurement -related instructions and forms, text, or content received from Owner. 9. Furnish for review by Owner, its legal counsel, and other advisors, three (3) copies of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding -related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, and review them with Owner. Exhibit A — Engineer's Services E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 20 1 RE rI of L.� L. € ..i - i, :". 1 ti 10. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding -related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables in accordance with comments and instructions from the Owner, as appropriate, and submit the required number of final copies of such documents to Owner after receipt of Owner's comments and instructions. B. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, other assembled Construction Contract Documents, bidding -related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. A1.05 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work, assist Owner in issuing assembled design, contract, and bidding -related documents (or requests for proposals or other construction procurement documents) to prospective contractors, and, where applicable, maintain a record of prospective contractors to which documents have been issued, attend pre- bid conferences, if any, and receive and process contractor deposits or charges for the issued documents. 2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. Consult with Owner as to the qualifications of prospective contractors. 4. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding -related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Paragraph A2.01.8.2 of this Exhibit A. 5. Attend the bid opening, prepare bid tabulation sheets to meet Owner's schedule, evaluate bids and provide a recommendation of award (if applicable), and assist Owner in assembling final contracts for the Work for execution by Owner and Contractor and in issuing notices of award of such contracts. 6. If Owner engages in negotiations with bidders or proposers, assisting Owner with respect to technical and engineering issues that arise during the negotiations will be provided subject to the provisions of Paragraph A2.01.6.2 of this Exhibit A. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright cO 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 A1.06 Construction Phase A. The scope of this phase will be developed following Final Design and included by amendment. A1.07 Post -Construction Phase A. The scope of this phase will be developed following Final Design and included by amendment. A1.08 Commissioning Phase—Not Included A1.09 Other Services—Not Included PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A. Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Orderto be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. This Task Order contains specific information regarding tasks, number of iterations, and deliverables to be provided by Engineer. In addition to those specifically identified herein, the following list, which is not intended to be exclusive, summarizes other exclusions. a. Boundary surveys or establishing survey monuments b. Traffic analyses c. Public or private utility analyses, modeling or design, other than water system rehabilitation identified above. d. Hydrologic and Hydraulic analyses required for detailed analysis of inlet capacity, evaluating potential overflow routes or flooding, or other tasks required to determine storm drain sizes e. Subsurface drainage system design f. Design of drainage improvements to Thompson Park. g. Structural design h. Landscape or irrigation design i. Right-of-way or permanent easement acquisition services j. 3-D or artistic renderings Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright OO 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 3. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 4. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project's design requirements, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order, requested by Owner, or are due to any other causes beyond Engineer's control. 5. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph A1.01. 6. Services required as a result of Owner's providing incomplete or incorrect Specific Project information to Engineer. 7. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 8. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 9. Preparing additional bidding -related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 10. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 11. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 12. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 13. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 14. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project. Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 crs EH D RA F 3- 15. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 16. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 17. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 18. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. Unless expressly indicated above or in the specific Task Order to be included Basic Services, the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services, using the basis of compensation for Additional Services, as indicated in the specific Task Order. 1. Upon request of Owner, attendance at meetings and completing site visits in addition to those identified above. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 3. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. Exhibit A — Engineer's Services EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. Exhibit A—Engineer's Services E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 To The City Of Laurel, I am requesting that six lots which are described by a legal description as follows: Nutting Brothers Subdivision, S10 Tot R24 E Blk 7 Lot 1-6. The current plat map as it now sits recorded does not need to be changed. The only improvements required is the addition of a sidewalk along Juniper and Roosevelt ie 8th street that joins against the property line. The current use is Vacant land. Under the zoning that Noel Eaton had designated the minimum square footage per lot was 6000 and the current lots at at 50x140 or 7000. So my intention of bringing the lots into the city without any changes should fit nicely. I have also submitted the letter from the current owner Jim Cotter to allow for the approval process. Once this has been approved my intent is to close on the land, clean it up, and build 6 individual homes. I paid 1,450 in fees on 12/22. So hopefully this process can be expedited. Best Darrell Dyer 701-527-2100 CITY HALL 115 W. IST ST. PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 Office of Planning P.O. Box 10 Laurel, Montana 59044 Date: March 22, 2018 To: Mayor and City Council From: Forrest Sanderson, AICP, CFM — Contract Planner Re: Annexation Request, Darrell Dyer Office of the Director of Public Works On December 22, 2017, an annexation request for Lots 1 — 6, Block 7, Nutting Brothers Subdivision was submitted to Noel Eaton with the City of Laurel. A portion of this request was an initial zoning assignment of Residential Limited Multi -Family (RLMF) and a conceptual Multi - Family development plan. The request to annex half a block was not presented to the City Council for consideration as required by City Council Resolution R08-22 and the City approved Request for Annexation and Plan of Annexation Application form. The property owner is James M. Cotter and the petitioner is Darrell Dyer. The application materials contain an approval letter from the owner that has not been notarized, a series of potential site development plans, application fees, a street view picture of the property in question, tax and property information. These documents are hereby attached to and made part of this report by reference. The Planner, accepted the application and began processing the request including scheduling the matter for public hearing by the City -County Planning Board and sending certified notices to surrounding property owners. The petitioner/owner did not submit all of the additional information in time for the February 1, 2018, City -County Planning Board meeting and the hearing was canceled. In the interim the City Planner has resigned her position with the City with the matter pending. ANALYSIS OF REQUEST City Council Resolution #R08-22 (March 4, 2008) and the aforementioned Application Form establishes the criteria and requirements for the annexation of property. Given that we are dealing with %2 of a Block the analysis will be limited to only those items of initial relevance. Dyer Annexation Standard: 1. Only parcels of land adjacent to the City of Laurel will be considered for annexation. If the parcel to be annexed is smaller that one city block in size (2.06 acres) the city council must approve consideration of the request; the applicant must make a separate written request to the city council stating their wish to annex a parcel of land less than one city block in size. Once the council approves the request, the applicant can apply for annexation. Findings: A. The property requested for consideration is adjacent to the existing Laurel city limits; B. The property requested for consideration is '/z block in size (E%i Block 7); C. The property owner (James Cotter) owns all of Block 7 and the E%2 of Block 6; D. All of the James Cotter ownership is adjacent to the current Laurel city limits; E. Piecemeal annexation and is not in the best interest of the City of Laurel and appears to be inconsistent with your 2013 Growth Policy. (Infrastructure, Land Use, and Transportation Sections). These sections encourage comprehensive `big picture' looks at development, growth and the extension of public infrastructure. MOVING FORWARD 1. The application does not adequately address the following items as required by Council Policy: a. An extension of City Streets, Water, Sewer, Sidewalks, Storm Water, Curb and Gutter and how the developer/owner intends to pay for these infrastructure extensions; b. An executed waiver of the right to protest the creation of SID's; c. Adequate discussion of the suitability of the proposed zoning for the property to be annexed; d. A notarized signature from the record property owner authorizing the annexation and requested initial zoning; e. Adequate discussion of the subdivision process to create lots that conform to the minimum district requirements and use limitations imposed by the Laurel Zoning Regulations. 2. The application did include a fee for the consideration of annexation and zoning. a. The fee is adequate for the application as presented but depending upon the decision of the Council to proceed may not be adequate if a larger area is required to be annexed. b. Should the request to proceed with %2 Block annexation be disapproved by the Council, the fees should be returned, and the applicant required to start over with a new annexation request. 2 Dyer Annexation RECOMMENDATION: The request to proceed with annexation of Lots 1— 6, Block 7, Nutting Brothers Subdivision should be DENIED for the following reasons: 1. The property owner (James Cotter) owns at least one full City Block and the request for annexation can easily be amended to comply with the City's desire to conduct annexation, zoning, and extension of public infrastructure on a comprehensive basis. 2. The requested annexation is not consistent with the 2013 Laurel Growth Policy. 3. Authorize the return the Application Fees paid by the applicant. Dyer Annexation CITYm LAUREM, MONTANA REQuyun' F OR ANNEXATION AND PLAN off` ANNEXATION A :mo —L —1P Ll J All blanks of this awfication are to be filled 11i with clWa,90ion hx Athe 1. Only parcels of land adjacent to the City of Laurel municipal limits will be considered for annexation. "Adjacent to" also includes being across a public right of way. If the parcel to be annexed is smaller than one city block in size (2,06 acres), the city council must approve consideration of the request; the applicant must make a separate written request to the city council stating their wish to annex a parcel of land less than one city block in. Once the council approves the request, the applicant can apply for annexation. 2. Applicant landowner's name:-- e Address: 13 Q 9 U: L Yrs Phone:— L -k a to 3. Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record PRIOR to applying for annexation.) Legal description: _V0,.,,_qiN 5io 7,o7- 4kaq c- 13LIe -4 Lot size: __C,_q Present use: V ry 7 Planned use:�-kA, vxw, .. k L4 t a, no 0 S-9 � LA At, -k-s Present zoning: I (Land which is being annexed automatically becomes zoned R-7500 when it is officially annexed [City ordinance 17.12,220]) 4. City services: The extension of needed city services shall be at the cost of the applicant after annexation by the city has been approved. As part of the application process, each of the following city services must be addressed with an explanation: Water Service: Location of existing main: 'I ►U 3 A, Cost of extension of approved service: - How cost determined: Timeframe for installation: -- Sewer nstal1atiotr,-- Sewer Service: Location of existing main: Mw r4-1 t qq r, Cost of extension of approved service: How cost determined: Tinierrame for instanation: How Streets: Is there any adjoining County ROW to the proposed annexation: Location of existing paved Cost oflaaving:,G,u:um .w flow cost determined: Timetrarriefor construction: Other required improvements: Provide above information on attached pages. 5. A map suitable for review of this application of the proposed area to be annexed must be submitted with this application. G. A written Waive of Protest must accompany this application, suitable for recording and containing a covenant to run with the land to be annexed, waiving all right of protest to the creation by the city of any needed improvement district for construction or maintenance of municipal services. This Waiver of Protest must be signed by the applicant prior to annexation by the city, 7. Requests for annexations are referred to the City-Cotinty Planning Board for recommendation to the City Council. Within 30 days after receiving the properly filled out application with all required accompaniments and after conducting a duly advertised public hearing, the City -County Planning Board shall make recommendation to the City Council as to this Request for Annexation. If more information is needed from the applicant during the review of the application, such application shall be deemed incomplete and the timeframe for reporting to the City Council extended accordingly, in needed. 8. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 + $35.00 per acres (81 acres or more) must accompany the submission of this application. The City Council of the City of Laurel, Montana, after review and consideration of this Application for Annexation, found such to be in the best interest of the City, that it complied with state code, and approved this request at its City Council meeting of Form revised by City Attorney April 2008 TO: City of Laurel 1/25/2018 I Jim Cotter sole owner of the property identified as geocode 03-0821-10-2-07-07-0000 Nutting Brothers Subdivision, Legal Description: NUTTING BROS SUBD, 510, T02 S, R24 E, BLOCK 7, Lot 1 - 6,agree to allow Darrell Dyer who has the property under a current buy sale agreement to proceed with bringing the property from county jurisdictions to the City Limits under a design of his choosing. My agreement is that Mr. Dyer will work directly with the city and will have purchased the property before the final process is complete. Regards Jim Cotte(I 1 AFFIDAVIT OF WAWE R OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LAUREL, NIONTANA. FOR THE ANNEXATION OF THE HERE DESCRIBED PROPERTY AND CREATION OF ANY FuTURF SPECIAL IMPROVEMENT DISTRICT The undersigned hereby waives protest to the annexation of the property described below by the City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A. § 7-2-4741 (2007), subsequent to the City's annexation of the below described property. The undersigned hereby additionally waives protest to the creation of future Special Improvement District(s) created and/or formed for future street improvements including, but not limited to, paving, curb, glitter, sidewalk and storm drainage or any other lawful purpose. This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel. This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their transferees, successors and assigns. LEGAL DESCRIPTION OF THE PROPERTY: DA'm D this (lay of 20 Grantee Name (Company..) STATE OF )ss. County of On this. day of 20—, personally appeared before me, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged the he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day and year in this certificate first above written. Notary Public for the State of (SEAL) Residing at: My Commission Expires:___ 1 ol I (D CD CL CD rLO .. `tr_ '.� +�+ .i_ � _. /. d� ..r /.x,. a `�. � � i. CD Ak CITY OF LAUREL PO BOX 10 LAUREL, MT. 59044 This is an application to the Laurel -Yellowstone City -County Planning Board, which acts as the City Zoning Commission, for an amendment/variance to the Official zoning Map or Ordinance. Such applications to re -zone are considered first by the Zoning Commission whose recommendations are then transmitted to the City Council for final action. 1. All questions must be answered fully. Please type or print. You may attach further pages if additional space is needed. Applications not filled out properly will not be accepted! 2. If new construction or a change in use of property is contemplated, building or development plans are helpful in the review process of this application. Photographs are often helpful. . 3. If there are covenants or deed restrictions on the property, submit a copy of them and indicate their expiration date. 4. All plans and other exhibits submitted with this application will be retained as pant of the permanent public record. 5. The applicant will prepare a 300 -foot radius map drawn to scale adequately and legibly enough to show the subject property and adjacent property within the 300 feet (of the exterior of the boundary of the property to be considered for re -zoning). MAPS NEED TO BE TURNED BACK IN WITH THE APPLICATION. 6. Applicant is required to take the map to the Department of Revenue located in Billings at 175 N. 27 Street, Suite 1400 (14`h floor of the Wells Fargo Building) -896-4000), where they will process it for names, street address, mailing address, legal description and owners of record of all property located within the 300 -foot radius map. They will certify the information and contact you when it is done (this can take up to a full week). There is a charge for certification. 7. To cover the cost of the application review, newspaper advertisements, and mailings, a fee of $1,100.00 (+ $25.00 per acre) must accompany the application. APPLICATION MUST BE MADE ON OR BEFORE THE FIRST DAY OF THE MONTH TO BE CONSIDERED AT THE NEXT MONTH'S MEETING. (1sT Thursday of each month at 7:00 pm) 8. A public hearing must be held on all applications. The City will notify all persons identified as owners of the property within the 300 -foot radius by mail not less than 10 days prior to the date of the Public Hearing before the Planning Board. In addition, notification of the public hearing will be published in the legal section of the local newspaper 15 days prior to the hearing. 9. After the Planning Board makes their recommendation to the city council, the council will set a time for a 2"d public hearing, and a workshop to discuss the Planning Board's recommendation. IT IS YOUR RESPONSIBILITY TO CONTACT THE COUNCIL SECRETARY TO FIND OUT THE TIMES OF THOSE MEETINGS, AT 628-7431 EX. 6. 10. Once the City Council has granted or denied the zone change an ordinance must be drawn up by the City Attorney and go before the council for approval. 11. The complete process could take up to 120 days. PETITIONER MUST BE PRESENT AT THE PUBLIC HEARING Revised 2-13-09 PETITIONER MUST BE PRESENT AT HEARINGS. The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From: _ s , z ^A.,. l c A CA .s Zone To: « t~ �- 2r., one Description of property:_SV k,,.ik s j ,Z Q) ;o ; 2. General location: MA -W"; V-zv- 3. Proposed use: Vy-\- �� — - � (,:, '. ` y LA - L 4. Owner(s): Fi rv�S tir"1 (Recorded owner) (address) 5. Agent(s): 8`5t,- toL (phone number) (address) (phone number) 9. Covenants or deed restrictions on property: Yes No X/ I understand that the filing fee accompanying this application is not refundable, that it pays the cost of processing, and that the fee does not constitute a payment for a Zone Change/ Land Use Variance. Also, that all the information presented is true and correct. Petitioner's Signature (� Date �� Fee Paid &Date Paid '----L3�/-- City of Laurel, 115 W. First Street, Laurel, Montana 59044 SI - L, l: -- 461' Co W 28T i ; Nj I c Lm k - - -! I °° LOCUST Alt C w 285 To 333 � I \, I I Yellowstone County Property Tax Information -11io rCt(0>1 V -ft int on ►a a isclaimer: Not all fields are currently maintained. The accuracy of the data is not uaranteed. Please notify the Appraisal/Assessment Office of any inaccuracies. Mick to 'Search Form aall Orion Detail Owner Information Page 1 of 2 *Verse Note: Owner information is supplied by the Montana Department of Revenue. To request updates to addresses or other ownership information, please contact the DOR office at 896-4000. Records for the current year will not be updated after tax bills have been sent out, so changes requested after you receive your bill will appear only on next year's records. Tax ID: B01681D Primary Party Primary Owner Name: COTTER, JAMES M AKA - Also Known As COTTER, JAMES 2018 Mailing Address: COTTER, JAMES M 1309 E 8TH ST LAUREL, MT 59044-2211 Property Address: JUNIPER AVE Township: 02 S Range: 24 E Section: 10 Subdivision: NUTTING BROS SUBD Block: 7 Lot: 1 Full Legal: NUTTING BROS SUBD, S10, T02 S, R24 E, BLOCK 7, Lot 1 - 6 GeoCode: 03-0821-10-2-07-07-0000 Show on Map (May not work for some newer properties.) Property Assessment Information Levy District: Assessed Value Summary Assessed Land Value = $ 52,864.00 Assessed Building(s) Value = $ 0.00 Total Assessed Value = $ 52,864.00 Assessed Value Detail Tax Year: 2017 Class Code Amount 2101 - Tract Land = $ 52,864.00 Total = $ 52,864.00 values shown for the given tax year are for taxation purposes only. They are supplied by the artment of Revenue. For questions about these values, please contact the Montana Department of :nue, Appraisal/Assessment Office at 406-896-4000. Rural SID Payoff Information NONE Property Tax Billing History http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=229421 3/2/2018 Yellowstone County Property Tax Information Year 1st Half 2nd Half Total 2000 61.75 P 64.06 P 125.81 2001 61.80 P 61.80 P 123.60 2002 63.22 P 63.22 P 126.44 2003 29.02 P 29.02 P 58.04 2004 29.06 P 29.04 P 58.10 2005 30.12 P 30.11 P 60.23 2006 29.57 P 29.56 P 59.13 2007 28.09 P 28.08 P 56.17 2008 26.11 P 26.10 P 52.21 2009 29.70 P 29.69 P 59.39 2010 28.20 P 28.17 P 56.37 2011 29.12 P 29.09 P 58.21 2012 31.15 P 31.13 P 62.28 2013 31.26 P 31.24 P 62.50 2014 31.18 P 31.17 P 62.35 2015 145.80 P 145.78 P 291.58 2016 148.21 P 148.18 P 296.39 2017 185.40 P 185.39 370.79 (P) indicates paid taxes. Click on year for detail. Pav Taxes Online Jurisdictional Information Commissioner Dist: I - John Ostlund (R) School Attendance Areas Senate: 28 - Tom Richmond (R) High: LAUREL House: 55 - Vince Ricci (R) Middle: LAUREL Ward: Outside City Limits Elem: LAUREL Precinct: 55.4 Zoning: Residential Tracts Click Here to view Billings Regulations Click Here to view Laurel School District Trustee Links Regulations Click Here to view Broadview Resulations Any comments or questions regarding the web site may be directed to the Web Deve Page 2 of 2 http://www.co.yellowstone.mt.gov/gis/csaprop.asp?propid=229421 3/2/2018