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City Council Packet 04.03.2018
NEXT RES. NO. R18-13 NEXT ORD. NO. 018-01 CITY OF LAUREL CITY COUNCIL AGENDA TUESDAY — APRIL 3, 2018 — 6:30 P.M. WELCOME ... By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight's agenda. Each speaker will be limited to three minutes unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda item, 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. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often. 1. Pledge of Allegiance. 2. Roll Call of the Council. 3. Approval of Minutes of March 20, 2018. 4. Correspondence. 5. Council disclosure of ex parte communications. 6. Public Hearing. 7. Consent Items. NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to reprove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda tinder "Items Removed from the Consent Calendar." (See Section 12) The entire Consent Calendar, with the exception of items removed to be discussed under 'Items Removed from the Consent Calendar, " is then voted upon by roll call under one motion. a. Claims for the month of March 2018. b. Approval of Payroll Register for PPE 3/25/2018 totaling $142,011.20. C. Receiving the Committee/Board Minutes into the Record. 1) Budget/Finance Committee minutes of March 20, 2018. 2) Council Workshop minutes of March 27, 2018. 3) Tree Board minutes of March 15, 2018. 4) Laurel Urban Renewal Agency minutes of January 25, 2018. 5) Laurel Airport Authority minutes of February 27, 2018. 6) LURA minutes of March 19, 2018. 7) Tree Board minutes of March 29, 2018. 8. Ceremonial Calendar. 9. Reports of Boards and Commissions. 10. Audience Participation (Three -Minute Limit). Citizens may address the Council regarding any item of City business that is not on tonight's agenda. Comments regarding tonight's agenda items will be accepted under Scheduled Matters. 17te duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. 11. Scheduled Matters. a. Confirmation of Appointments. b. Resolution No. R18-13: A resolution of the City Council authorizing the Mayor to sign a contract with the Billings Family YMCA for the operation and management of the City of Laurel Municipal Pool. C. Resolution No. R18-14: A resolution approving a Task Order authorizing Kadrmas, Lee & Jackson, Inc. for services relating to the City's East Oh Street reconstruction project. d. Motion to 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. e. Motion to approve Council Member Mountsier to be absent from the City of Laurel for more than ten days (LMC 2.12.060). 12. Items Removed From the Consent Agenda. 13. Community Announcements (One -Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. Joule all comments are welcome, the Council will not take action on any item not on the agenda. 14. Council Discussion. Council members may give the City Council a brief report regarding committees or groups in which they are involved 15. Mayor Updates 16. Unscheduled Matters. 17. Adjournment. DATES TO REMEMBER: Budget/Finance Committee - Tuesday, April 3' @ 5:00 p.m. Council Conference Room City -County Planning Board - Thursday, April 5`h @10:00 a.m. Council Chambers Park Board - Thursday, April 5`h @ 5:30 p.m. Council Chambers Library Board - Tuesday, April 10' @ 6:00 p.m. Laurel Library Council Workshop - Tuesday, April 101 @ 6:30 p.m. Council Chambers Tree Board - Thursday, April 121 @ 9:00 a.m. Council Conference Room Laurel Urban Renewal Agency - Monday, April 161 @11:00 a.m. TBD Public Works Committee - Monday, April 161 @ 6:00 p.m. Council Chambers Budget/Finance Committee - Tuesday, April 17" @ 5:30 p.m. Council Conference Room Emergency Services Committee - Monday, April 23' @ 5:30 p.m. Council Chambers Council Workshop - Tuesday, April 241 @ 6:30 p.m. Council Chambers Laurel Airport Authority - Tuesday, April 24" @ 7:00 p.m. Laurel Airport Tree Board - Thursday, April 26" @ 9:00 a.m. Council Conference Room 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 CIerk'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. MARCH 20, 2018 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Tomas Nelson at 6:30 p.m. on March 20, 2018. COUNCIL MEMBERS PRESENT: Emelie Eaton Bruce McGee Richard Klose COUNCIL MEMBERS ABSENT: Scot Stokes OTHER STAFF PRESENT: None Mayor Nelson led the Pledge of Allegiance to the American flag. Mayor Nelson asked the council to observe a moment of silence. MINUTES: Heidi Sparks Richard Herr Iry Wilke Bill Mountsier Motion by Council Member McGee to approve the minutes of the regular meeting of March 6, 2018, as presented, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CORRESPONDENCE: • Laurel Chamber of Commerce minutes of February 8, 2018; Laurel Chamber of Commerce Agenda of March 8, 2018. COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None. PUBLIC HEARING: None. CONSENT ITEMS: • Claims for the month of March 2018 in the amount of $107,421.18. A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office. • Clerk/Treasurer Financial Statements for the month of February 2018. • Approval of Payroll Register for PPE 3111/2018 totaling $173,338.75. • Receiving the Committee/Board/Commission Reports into the Record. --Budget/Finance Committee minutes of March 6, 2018, was presented. --Council Workshop minutes of March 13, 2018, was presented. --Revised Council Workshop minutes of February 27, 2018, was presented. --City-County Planning Board minutes of February 1, 2018, was presented. --Park Board minutes of March 1, 2018, was presented. --Emergency Services Committee minutes of February 26, 2018, was presented. --Public Works Committee minutes of February 26, 2018, was presented. Council Minutes of March 20, 2018 Motion by Council Member Eaton to approve the consent items as presented, seconded by Council Member McGee. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CEREMONIAL CALENDAR: None. REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None. SCHEDULED MATTERS: f • Confirmation of Appointments. = o Appointment of Heidi Sparks to the Human Relations Committee. Motion by Council Member Klose to approve appointment of Heidi Sparks to the Human Relations Committee, seconded by Council Member Mountsier. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. + Resolution No. R18-10: A Resolution of the City Council Adopting the Laurel Transportation System Coordination Plan. Motion by Council Member Mountsier to approve Resolution No. R18-10, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. • Resolution No. R18-11: A Resolution Approving a Maintenance Agreement Between the City of Laurel and the Montana Department of Transportation ("MDT") that Provides the City's Responsibilities for the Manhole Rehabilitation Project Along Old Highway 10 (N4). Motion by Council Member Wilke to approve Resolution No. R18-11, seconded by Council Member Klose. There was no public comment or council discussion. A vote was taken on the 1 motion. All seven council members present voted aye. Motion carried 7-0. • Resolution -No. R18-12: A Resolution Approving a Task Order that Provides for Planning Services for the City issues Pursuant to the Master Services Agreement Between the City of Laurel and KLJ Engineering. Motion by Council Member Herr to approve Resolution No. R18-12, seconded by Council Member Eaton. There was no public comment. Council Member Sparks asked for clarification on the hourly rate the City would be charged for these services. Mayor Nelson clarified the hourly rate. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Mayor Nelson appointed Forrest Sanderson, with KLJ, as the Interim City Planner. ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE -MINUTE LIMIT): None. COUNCIL DISCUSSION: Council Member Wilke shared the results of the most recent Laurel Rod and Gun Club Turkey Shoot. Council Member Mountsier stated that some manholes were redone last year that made them even with the road surface, however, the two by the Post Office where not done. He questioned if those particular manholes are scheduled to be redone. Council Minutes of March 20, 2018 Council Member Mountsier questioned when the no parking sign would be placed at the High School. Council Member McGee gave a reminder for Emergency Services Committee. They will be meeting Monday, March 2611 in Council Chambers at 5:30 p.m. Council Member Eaton gave reminders for both Public Works Committee and Budget/Finance Committee. Public Works Committee will be meeting on April 16, 2018, at 6:00 p.m. The next Budget/Finance meeting will be April 3, 2018, at 5:30 p.m. UNSCHEDULED MATTERS: Mayor Nelson followed up on Council Member Sparks' request for an update on signage for Turnaround. He met with the Police Chief to follow up on when Southside residents can expect to see those signs go up. The Police Chief has been working closely with CHS. They expect to have signage out very shortly and have a contract signed to pay for the Police Officer's Overtime to patrol the area during peak times. Mayor Nelson followed up on the concerns regarding the Ambulance Service. He has met with both the City Attorney and the Fire Chief to discuss the options available. He reminded those present that the Ambulance Service is a volunteer department. ADJOURNMENT: Motion by Council Member Sparks to adjourn the council meeting, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. There being no further business to come before the council at this time, the meeting was adjourned at 6:54 pm. BrittnellMoor an, Administrative Assistant Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of April 2018. Thomas Nelson, Mayor Attest: Bethany Keeler, Clerk/Treasurer MINUTES BUDGET/FINANCE COMMITTEE MARCH 20, 2018 5:00 P.M. COUNCIL CONFERENCE ROOM MEMBERS PRESENT: Emelie Eaton Bruce McGee Richard Klose OTHERS PRESENT: Bethany Keeler Mayor Tom Nelson Emelie called the regular meeting of the Budget/Finance Committee to order at 5:00 p.m. There was no public present. The next scheduled meeting will be April 3`d, 2018 at 5:30 p.m. The minutes of the March 6t', 2018 meeting were presented. Richard made a motion to approve the minutes as presented, seconded by Bruce, all in favor, motion passed. The Mayor has reviewed and signed the February journal vouchers. Bruce made a motion to approve the February journal vouchers, Richard seconded, all in favor, motion passed. The Utility Billing adjustments were reviewed by the Committee. Bethany noted that there was nothing unusual about the adjustments. Richard made a motion to approve the UB adjustments, Bruce seconded, all in favor, motion passed. The monthly financial statements were reviewed by the Committee. Bethany briefly went through the reports. Richard made a motion to accept the financial statements, Bruce seconded, all in favor, motion passed. There were two Purchase Requisitions presented to the Committee. The first one was from Kurt Markegard for a new replacement recirculation pump for aeration at the sewer plant. Richard asked why the original pumps were cast iron and not stainless steel. The Mayor stated that the same question was posed to Great West Engineering. Great West stated that the manufacturer said either pump would be fine. Bruce made a motion to approve the purchase of a new recirculation pump for the sewer plant, Richard seconded, all in favor, motion passed. The second requisition was from Kurt Markegard to purchase 50 new 300 gallon garbage cans. These are replaced yearly as they get damaged or misplaced. Richard made a motion to approve the purchase of 50 new 300 gallon trash cans for the Solid Waste Department, Bruce seconded, all in favor, motion passed. Claims entered through 03/16/2018, totaling $107,421.18, were presented to the Committee. Emelie had previously reviewed the claims detail register and check register. There were a few clarification questions submitted by Emelie, which Bethany answered. Emelie made a motion to recommend approval of the claims to Council, Bruce seconded the motion, all in favor, motion passed. zaznspazs,/)zat� �1t� `zataa gla `paljtutgns Aliryjoodsa-d 'tu'd 81:9 ju paumofpe Butloom ags, :Bpua3v;xam aq; Jog 'zagjp zapun poluosazd gulgjou sum o.=LL :aagjO a pzanoo Jo Haze axil suotjsanb jo slot sajuazo jugs, •luautjzuda(j aouetnquiV agj unz of tusodozd a lttugns =tp anuq pup WWV tpm )pads of oq ptnom Moll& agjso ouO •sonsst agj ql!m dtag of suoildo ouios uo ftppom st off •uopunjis oouetngum agj Butpzufaz `AOtuolly ,tjtD `zalutud reps IPPA &19001up Putt ag jell: pajuls zo4uw ags, :s;uacutuoa s,.10,&lgw •pojsnfpu oq uuo atnpagos sort joezjuoo pou2ts p aneg j,usaop Aoujjug se $uot su jugj polujs go!W •atnpauos s,Xotglug iluipzusaz dno o snjtnV lR?m go!W of )pads pip Aueglag •zopuan pajstuj agl ase Aagl os juau4mclap attj Jo wale ttu pup juatudtnbo gojudstp sjuouilzudop agj uo o2patmou) antsualxa seg apooug jell: popuodsaz ag puu juatulzpdaQ aottos agl It, xzom agl 5utuugpod zopuan DVAH tuoot u lnogp 3atg0 aottod agj Pa)su Auegjag aallttutuoD agl of It luasazd tttm arts juautjzedap juin Luoij uotluuuo. . santaoaz fupgjag su uoos sV •juau4 doa oouetnqutd atp Aq pamatnaz Butoq ase sari. 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COUNCIL MEMBERS PRESENT: _x Emelie Eaton _ Heidi Sparks _ Bruce McGee x Richad Herr x Scot Stokes x_ Iry Wilke x� Richard Klose !x Bill Mountsier OTHERS PRESENT: Kurt Markegard, Public Works Director Carl Jackson, KLJ Forrest Sanderson, KLJ-Interim Planner Public Input, Jason Summers, 304 Cedar, expressed his disappointment in the leadership turnout for the Emergency Services Committee meeting. He stated he would continue to pursue the issue. Mayor Nelson assured Mr. Summers that leadership in the Ambulance Department has been brainstorming ideas and is currently looking into the feasibility of these options. All feasible options will be brought to the Emergency Services Committee; please watch for those to be placed on the agenda. General Items There were none. Executive Review • Resolution — YMCA Pool Proposal The YMCA reprehensive was not able to make tonight's meeting. Kurt Markegard, Public Works Director, spoke in regards to the contract. Laurel has used the YMCA's services for approximately 10 years. This contract has gone through Park Board. Park Board requested that August be prorated due to. the short month. The YMCA did agree to a prorated August. This will save the City $3,000. The payment schedule will be $16,200 on July 1', $16,200 on August Vand $13,200 on September I". The YMCA will be offering swimming lessons again this year the fee schedule is listed in Attachments A and B. In the past the YMCA has offered lap swimming by request, they need enough requests to support the required number of lifeguards. Bill questioned if the $3,000 was in addition to the figures listed in the contract. Council Workshop Minutes of March 27, 2018 Kurt clarified that the $3,000 is already accounted for in the contract with the $13,200 payment due on September I", which was originally a payment of $16,200. Iry questioned if the fee schedule per day for the public was included in this proposal. Mayor Nelson clarified that the fee schedule is not part of this resolution. Kurt clarified that the pool's schedule of fees was removed from the City's schedule of fees so the Park Board could discuss and set the fees prior to the pool opening each year. Park Board has discussed changing the fees to family memberships instead of a paying per day. This topic is not before Council. 0 Resolution —Task Order —East 6u' Street Reconstruction Kurt Markegard, Public Works Director, and Carl Jackson, KLJ, presented this Task Order. This Task Order is for the designing and bidding phases of the reconstruction of East 6`'' Street from I" Avenue to Wyoming. East 6h Street was chosen for this project because there were no underlying infrastructure that needed to be replaced, such as water and sewer, it had a score of 28 out of 100 for its asphalt condition, and is needed in the future when Montana Avenue, Colorado Avenue, and Pennsylvania Avenue need to be replaced. When these roads are replaced, the heavy equipment will need to not only enter, but exit the street without damaging other streets in the process. East 1St Street is capable of this load, but East 6" Street is not. They may look into creating a Special Improvement District for the sidewalks, gutters, and driveway approaches. KLJ will look into salvaging as much sidewalk as possible. There will be a small portion of water main line and fire hydrant replacement on the corner of East 6t11 Street and 1 st Avenue. The timing of this project will be crucial, as this street is adjacent to Thompson Park. Thompson Park is used for the Fourth of July celebrations each year. East 6`h Street is also a major throughway for parents dropping off kids at West and Graff/Middle School. So this project needs to take place after the Fourth of July but be completed before the start of the school year. The area has high groundwater and clay soils, so KLJ will need to design around those two known issues. Richard Klose questioned how many days this project would take. Because there are no underground utilities being replaced this project will not take as long, the contractor should be able to complete the work within the given timeframe. Bill stated when his street was redone all the sidewalks were replaced, he was not given an option to keep his sidewalk. Kurt responded that he was not in charge of that project, but that his goal going forward is only to replace what is needed. There will be areas of good sidewalk that will need to be taken out to accommodate of ADA required ramps. 2 Council Workshop Minutes of March 27, 2018 Bill questioned if during the replacement of other streets where ADA ramps installed. The City is required to meet all current ADA requirements when designing and building a street. Part of the drainage issue on this street is the water coming from Thompson Park. The good sidewalk may need to be removed to solve the drainage issue. Richard Klose questioned if during the design phase if the City will consider changing the parking to diagonal instead of parallel parking. Citizens have made statements that there needs to be additional parking at Thompson Park. They have looked at how many spots they would gain by creating diagonal parking. The code dictates parking requirements so if the diagonal parking is an option it will need to come before Council for approval. The downside to diagonal parking is if you are parked next to a large vehicle it can be difficult to see when backing up. Being located near both a park and school, this may not be the best option. Mayor Nelson reminded Council that typically a street project is done every two years. They take into consideration not only the asphalt condition but also the condition of the water and sewer lines beneath the street. Because the City is looking to replace the SED Basins this year, the Mayor requested the street selected to be replaced not need any water or sewer improvements. Water and Sewer improvements are taken out of their respective enterprise funds. Kurt stated in the past when creating a Special Improvement District; the City has waited for protest, he would like to try a different approach this year by sending a letter to property owners who have been identified as needing sidewalk or driveway approach replacement. There are also two crosswalks that end in driveway approaches. The City will need to communicate with the school on the locations of these crosswalks. Richard Herr questioned if the proper base would be built for this street. Yes, the street will be built with the proper substructure. The known issues of high water and clay in the soil will need to be incorporated into the design of this street. When the snow melted recently it was thought to be a water main break, in actuality it was just melted snow that had nowhere to go. Drainage of water from the Park is a high priority, KLJ will explore the best options for this water. Richard Herr questioned the concrete work that was done for the bus loading zone at the school and if it will be salvaged. The plan is to save this concrete work and incorporate into the overall street design. That repair was an emergency repair that the School District paid the difference in cost between asphalt and concrete. There is a culvert located there, the buses crush it, and water does not flow very well through it leaving a large puddle for kids to jump over. KLJ will explore the option of a valley drain instead. Iry questioned if all four corners at the intersection of East 6`t' Street and Wyoming Avenue would need to be replaced with the ADA required ramps. Yes, all corners will need the required ADA ramps. Council Workshop Minutes of March 27, 2018 Bill stated that he has watched the past few streets be replaced. They have dug down and established the proper base so that the road will last many years to come. He stated that he was appreciative of the program in place to not only replace the streets but to replace them correctly. When Kurt asked what the number one priority for the City is, KLJ responded that Capital Improvements Plans were the City's top priority. The City is currently using pavement indexing to rank the streets in need. The City will look into implementing a program that looks at the City as a whole, identifies projects that need to be completed, ranks them, and allows for not only Council to discuss what is coming in the future, but to allow an opportunity for citizens to comment on these projects as well. It is not in the best interest of the City to replace a street and not look at the underlying infrastructure. If a water main or sewer line fails, the City will need to tear into the street to address the problem. This will help plan for funding appropriately, both in our enterprise funds and via grants. Mayor Nelson stated that recently they met with Montana Department of Transportation to discuss the City's urban routes, what the City currently has, what routes to create for the future, funding opportunities, etc. There is a TA Grant that the City can apply for, this used to be the CTEP grant. An example of a CTEP project was on East Maryland Lane between Pennsylvania and Iron Horse Station. There were no crosswalks or connectivity of the sidewalks. The City will need to identify a project that they can apply for those funds. Mayor Nelson stated those grants are at an 87 percentl13 percent match rate. The City would be responsible for the 13 percent. Emelie stated that during Public Works Committee there was discussion on what the expectation of KLJ was. They wanted to see more open communication and reduction in costs. The consideration to salvage any sidewalks possible is a great example of cost reductions. • 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 Brother Subdivision Forrest Sanderson, KLJ-Interim Planner, introduced himself to Council as this is the first meeting he has not had a prior conflict. Forrest has prepared a staff report regarding this annexation request. He reviewed the highlights of this report, report and supporting documents are attached. The staff's recommendation is to deny this request as it is not in the best interest of the City. Richard Klose noticed the applicant stated on the application that water service is located in the street in front of the property and sewer service is located in the alley of the property. Kurt handed out an aerial view of the property and a diagram of the water and sewer lines near the property, the handout is attached to these minutes. When the City annexes a property, they also annex the adjacent right of ways. 4 Council Workshop Minutes of March 27, 2018 Richard Herr reiterated that the City prefers the annexation of a full City Block. He asked if the applicant could arrange with the property owner to annex a whole City Block while only building on his half. Yes, the annexation would include the road of Hazel Avenue and the full block of East 8eh Street, giving the logical extension of roads, curbs, gutters, sidewalks, water, sewer, and all other infrastructure associated with being in the City. Scot questionedd if the applicant would be responsible for the infrastructure improvements or if the City would be responsible for those improvements. The policy states that the developer would take on all of the costs associated with the expansion of the infrastructure system. Sidewalks are typically added after a structure has been completed. This allows the contractor access to the lot without destroying a good sidewalk during construction. The City would request a bond of 125 percent of the cost to add the infrastructure that will be held two years. At the end of the two year period, if the developer has not completed all the necessary infrastructure improvements, then the City would go in and complete those improvements. Richard Klose asked about private infrastructure such as natural gas when those would be installed. All private infrastructure is installed concurrently with City infrastructure. Mayor Nelson offered the applicant, Darrell Dyer, a chance to address the Council. Darrel Dyer, the annexation applicant, addressed Council. There are two owners of this property. Mr. Cotter owns the City Block in question, while his ex-wife owns the rest. The road Hazel Avenue separates these owners. If Mr. Dyer annexed the whole block into the City he would be responsible for all the improvements on Hazel Avenue; the ex-wife does not want to participate in the expansion of City services. Therefore, Mr. Dyer's solution to this problem was to annex the half of the block that would not cause any infrastructure improvements on Hazel Avenue, while he and the property owners worked out the details to annex the rest of the property into the City. Emelie gave clarification that motions are given in the affirmative. The motion is to approve consideration by staff: The consideration by staff is to deny this request. The vote will be yes or no to accept Forrest's recommendation to the Council. Motion to allow Council Member Mountsier to be absent from the City of Laurel for more than ten days (LMC 2.12.060) There was no discussion. • Council Discussion o Update on 2011 Yellowstone River flooding event Kurt Markegard, Public Works Director, gave an update on the wetland surveying that was requested this past fall. The weather has finally cooperated, and Great West is out surveying the wetlands to ensure no wetlands were gained or lost during the construction of the new intake. Still working with Wilson Brothers to determine a good time to remove the rock weir. The river looked like it would be low enough to start the weir removal, but in the few days it took to get the 5 Council Workshop Minutes of March 27, 2018 required permits the water levels rose, and it is no longer safe to remove the weir. When the water levels fall to a safe level to remove the weir, the contractor will begin work. Over the winter the new intake was only using one line. With the ice off the river they shut down the 2003 intake, there was a noticeable drop in flow from the new intake. The sensors for the flow rate are located above the reservoir where both intakes feed into. There is no way to tell what percentage of water was coming from the new intake and what was coming from the old intake. With the increase in water level, there was also an increase in turbidities in the river. From the surface you can see approximately 3 inches into the water, the intake is located 4 feet under water. Staff cannot visualize the intake until the water level lowers. Great West is looking into the feasibility of using cameras to look at the intake and make sure there is no obstruction. The 2003 intake is back online in conjunction with the new intake. There was no slush ice coming into the plant this year as the pipeline is 3 miles long and the heat from the ground warmed the water up, so there was no slush. Emelie questioned if they knew if the new intake had ever run at 100 percent capacity. Kurt responded he was unsure. Out of all the alternatives, this was the best option for the City. Mayor Nelson assured Council that they would find what the issues are and resolve it. o Update from staff on electrical work needed in Horseshoe Club building Kurt Markegard, Public Works Director, stated Park Board recommended a lease for the Horseshoe Club building in Riverside Park. Upon further inspection by staff, some electrical concerns were noted. Ace Electric came in and gave an estimate to bring all electrical issues up to code. The question now is who will pay for these repairs. Some are located in the building and some outside the building. Mayor Nelson stated that the City does not own the building and therefore should not be responsible for the cost to bring the building to code. Scot questioned what the cost would be to fix just the outside issues. Kurt did not know the cost of just the outside work but would ask the contractor to split the bid and return to the next Workshop. Mayor Nelson stated in other leases in Riverside Park it has stated that minor repairs outside of the building would be taken care of by the City. This is a Council decision and will be brought forward via resolution. Iry questioned if the Horseshoe Club does not see power outside the building can the outlet and light just be removed. Mayor Nelson suggested the review of the Riverside Park Master Plan and see if the light was included in those plans, prior to making a decision. Other Items Mayor Nelson stated every year he would attend the Elected Officials Boot Camp and Workshop sessions. This year these are located in Billings. All information will be sent out to Council Members, if anyone is interested in attending, please contact the Administrative Assistant. R Council Workshop Minutes of March 27, 2018 Review of Draft Council Agenda for April 3, 2018 Mayor Nelson stated that the agenda item "Mayor Update" has been added to the agenda after Council Discussion. This is a regimented place for the Mayor to give updates on topics as needed. This was at the City Attorney's recommendation. Attendance at the April 3, 2018, Council Meeting All in attendance plan to attend next week Council Meeting. Announcements Mayor Nelson announced all vacancies the City is still in need of filling for the various Boards and Commissions. There was a recent resignation from the Emergency Services Committee. The Mayor has received one letter of interest for this position. Other openings are Public Works Committee, City/County Planning Board, and Yellowstone Historical Preservation Board. Mayor Nelson gave an update on who is remaining for City ID's. There is only one Council Member still in need of getting an ID at this time. Richard Herr questioned if Public Works knew of a few large potholes by the Lutheran Church and Catholic Church. Kurt Markegard, Public Works Director, stated they are aware of the issue on W. 2"d Street. This will need to be dug and repaired. The asphalt plants are not operating now; the City is doing what they can right now until those plants open in April. Scot asked for an update on the sidewalk program. Scot asked for the City to look at the viability of the Sheriff s community service program Mayor Nelson stated that the Council had discussed this program last year and ran into obstacles on who would staff and supervise the work being completed. Emelie gave a reminder of the next Public Works Committee meeting on April 1601 at 6 p.m in Council Chambers. Emelie clarified that the start time for Budget/Finance should be 5:00 p.m., not 5:30 p.m. Emelie asked for an update on when the no parking sign will be placed at the High School. Kurt stated the sign is in his office, and he will get someone out there to place the sign. The curb was painted last fall. Richard Klose announced on March 291h at noon at the National Cemetery the American Legion is doing a Welcome Home Vietnam Vets Ceremony. On April 4" at I1 a.m. the American Legion is doing an Unattended Ceremony for veterans who were not buried with military honors. Bill questioned why a veteran would be buried without military honors. 7 Council Workshop Minutes of March 27, 2018 Richard Klose stated that sometimes families are unaware of or the person may have been homeless. Each quarter they make sure these people are buried with honors. The council workshop adjourned at 8:19 p.m. Respects lly Submi d. Br� 5"ey Moo Administrative Assistant NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for tile listed workshop agenda items. M To The City Of Laurel, I am requesting that six lots which are described by a legal description as follows: Nutting Brothers Subdivision, S10 To2 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. City Of Laurel PUB. WORKS: 628.4796 WATER OFC.: 628-7431 COURT: 628-1964 P.O. Box 10 FAX 628-2241 Laurel, Montana 59044 Office of Planning Date: March 22, 2018 To: Mayor and City Council From: Forrest Sanderson, AICP, CFM — Contract Planner Re: Annexation Request, Darrell Dyer BACKGROUND: 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 ofResidential 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: 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'/h 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' Iooks at development, growth and the extension of public infrastructure. 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 ofLots 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 Appliciint is reguired to:3 u with, talc City i 1a1aile:' p:-ioi' i43 filling out t1ti: All blanks of this application IlLe to be fined in with e&planation b &ie apnlicant. Incomnlete api2lications will not be acct ted. 0 3. 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. 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: Nu,:c1`ye, co:l ,ex In,� sto ox, Gly v 131-K -4 Lot size: p ,_ Present use: Y'_! Saw�- Planned use: 'n'1 u,,\-Qti:4w�, A n Li t o1,�o o s2 VEA At -s Present zoning: (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 Ai - Cost of extension of approved service: How cost determined: Timeframe for installation: Sewer Service: Location of existing main: Mrs A-1 i Cost of extension of approved service: How cost determined: -An1 k- (r Timeframe for installation: 1 How financed: Streets: Is there any adjoining County ROW to the proposed annexation: Location of existing paved ace s: §� N-: P e Cost of paving: _ _ . %i A_ How cost determined: Timeframe for construction: Other required improvements: Provide above information on attached pages. 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 -County 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. 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 l/2S/2D1O I Jim Cotter sole owner of the property identified as ge000de 03 -082I -I0-2-87-07-0000 Nutting Brothers Subdivision, Legal Description: NUTTING 8ROS SO8D, SlO, T02 S, 828 O, BLOCK 7, Lot l - G,agzan to allow Darrell Dyer who has the property under a current buy sale agreement to proceed with bringing the property from ouooty jurisdictions to the City Limits under a design of his oboosiog. 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�f- 1 AFFIDAVIT OF WAIVER OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA FOR THE ANNEXATION OF TRIC HEREIN DESCRIBED PROPERTY AND CREA'T'ION OF ANY FUTURE 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 andlor formed for futurc street improvements including, but not limited to, paving, curb, gutter, 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: DATED this day 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 Sea( on the day and year in this certificate first above written. Notary Public for the State of _ (SEAL) Residing at: My Commission Expires: 1 NMI V. 'va NMI V. r - (D to cn 415i O• 71' r - (D to 71' r - (D to 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 part 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 Iocated in Billings at 175 N. 27 Street, Suite 1400 (141h 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 (+ S25.00 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. (1 ST 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°Q 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 ZONE CHANGEiLAND USE VARL4,NCE 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: ?,e -„ � e4, i rAC,lc s Zone To: - vy\ a k- - l-,, jZone 1. Legal Description of property: 4 t,�, �;, , Q vy 5- � ; -2 2. ' ►�;� 4 t r: 1-0 t 2. General location: 3. Proposed use; M x .k k- i - �o.�,r..' y LA _ Li 4. Owner(s): Z) 6xy\-e-5, I. G oo e - ( (Recorded owner) s- - (address) S. Agent(s): 1 l) L6 9 51, — n Ls -( n (phone number) (address) (phone number) 9. Covenants or deed restrictions on property: Yes No is 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 tJ Lam- - Date 1.2 - 1x;? 1a Fee Paid & Date Paid �. j,2 ,,5.. r (I Lip City of Laurel, 115 W. First Street, Laurel, Montana 59044 i x nrpts te! 2-ltaR4 � t i t i i2VAN ear far t laa ! _—__ lYrxY es1zY 13•rIr is:� __ t 1 2-MW ttil t t t(�a We Lan inr <t i^� a mw 11 1 s t 1 l2 �o u lao /ao tsa' t t i FF f3'AY fYrax' �� t i x oats � t---- 11 I t t � ]Ma {nit. lfl r i +�j 2 MTS { w 2-M7H lar lir laa to t t ; /S7 fn4 t ; /5.51' iM17Y 14t2Y 13� t t j a units t j z+nS u n taa• r j yt! _ ! '. 1 uwm i '7' lJ.r tsar lar tar lar 2w! fs7 tcin i i � 1542Y fSSIY tai1Y tiW t i a ! i i I I I FIR t 1 t,l `I I IW N A I I . I I _ I i -HAZEL AVE. 'i 8 - - . 81� 480' 1 IIS I 1 I 4---i 4 4 -AG A-- I I � I 451 W 287 N co co 1 I 1 -- - °° LOCUST A � - i1 �+AG co I ZI I w 285, A I \ I 1 Yellowstone County Property Tax Information sclaimer: Not all fields are currently maintained. The accuracy of the data is not sarnnteed. Please notify the Appraisal/Assessment Office of any inaccuracies. Owner Information Page 1 of 2 *Verse Nora: 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 Primacy Part} 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, S 10, T02 S, R24 E, BLOCK 7, Lot 1 - 6 GeoCode: 03-0821-10-2-07-07-0000 Show on Map (May not tivork.for some newer p•operlies.) 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 = S 52,864.00 Total = S 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 enue, Appraisal/Assessment Office at 406-896-4000. Rural SID Payoff Information NONE Property Tax Billing History http://www.co.yellowstone.mt.gov/g1s/esaprop.asp?proptcl=229121 3/2/2018 Yellowstone County Property "fax Information Year 1st Half 2nd Half Total NOO 61.75 P 64.06 P 125.81 200 t 61.80 P 61.80 P 123.60 2002 63.22 P 63.22 P 126.44 2)00 ; 29.02 P 29.02 P 58.04 200=1 29.061) 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 -)017 185.40 P 185.39 370.79 (P) indicates paid taxes. Click on year for detail. Pa,,,- Taxes Online Jurisdictional Information Coin inissioner Dist: I - John Osilund (R) School Attendance Areas Senate: 28 - "Thin Richmond (R) High: LAUREL House: 55 - Vince Ricci (R) Middle: LAUREL Ward: Outside City Limits Eleni: LAUREL Precinct: 55.4 Zoning: Residential Tracts Click I fere to vires Billines Resnilations Click dere to view Laurel School District Trustee Links ltesulations Click Ileie to view Broadview RC,ldations comments or questions regarding the web site may be directed to the Page 2 of 2 littp:/ho'VW',co.Yellowstone.mt.gov/gis/csapi.op.asl)?I)ropid=229421 3/2/2018 L MEOMMU March 15 — 9:30 City Hall Attending: LuAnne Engh (by phone) Walter Widdis, Matt Wheeler, Kurt Markegard, Dale Ahrens, Richard Herr, Phyllis Bromgard Guests: Pat Hart, Sue Carter Donors: to date we have $1800 collected outside the Walmart Grant • Yellowstone Bank $200 • Western Security Bank $100 • 1M Auto $200 • NW Energy $500 • DNRC $750 • Laurel Ford $ 50 Ace Hardware — Skip King- Aaron will follow up Altana — Brent — Aaron will follow up Local 301— LuAnne will call !ay Hatten Rotary — Matt will bring It up Lions — Dale will attend their next meeting — Tuesday 6:30 @ The Owl Tree Donors- planting supplies • Pastor Widdis said the Baptist School would purchase a tree • Lions might want to purchase the ceremonial tree • Aaron sent a letter to Kurt to go out for bids on trees • Kurt has contacted 3 suppliers but hasn't gotten bids back • Deadline is March 29' for bids — trees need to be located by donation or purchase • Aaron has a letter/list for donors of trees — Pastor Widdis will help him contact this list — he is asking for $200 or a tree ($300-$500 value) Grants: • Dale got the $450 Walmart Grant— money to come to the school district • He sent a detailed letter to the store manager to help sell the grant • This will all go to food expenses and propane Ceremony: • Dale to ask Linda Flipula to attend and speak, Richard to talk to the mayor to attend • Next month we will focus on the ceremony • Possibly use youth for the color guard • Need someone to rally the kids and cheer to make it more fun —ask Alyson Schools: • May 1st is also the International Space Station Day at LHS in the AM • Twice as many vendors as last year. School Groups may be smaller • Need to get someone to take photos so we can thank our donors better Tee Shirts — Branding logo • Shirt order needs to be in by April 1St • LuAnne is collecting sizes • Only shirts for volunteers and bus drivers Next Meeting : March 29th 9:34 - Site visit after the meeting with city staff Future dates — April 12, 26 Next Agenda 1. Donations update 2. Trees — Aaron to report 3. Ceremony — who is speaking — Linda F — Dale to contact 4. Publicity— Outlook, TV stations — Pastor Widdis 5. T-shirts and wrist bands - LuAnne 6. Gift for Lydia 7. Site Layout of vendors, trees, SOW trailer, busses Laurel Urban Renewal Agency (LURA) Meeting was called to order by Judy Goldsby. Roll call/Attendance: Quorum of voting members present: Mardie Spalinger, Judy Goldsby, Daniel Klein, Don Smarsh and Dean Rankin. Non-voting members: Janice Lehman, steve Solberg and Linda FrickelCity Staff: Noel Eaton. City Council: Rick Herr. Chamber of Commerce: Marcia Hafner. Attendee's: Ken Olson and Steve Lehenbauer. Introductions: None, Approval of Minutes from Previous Meeting: Dean made the motion and Daniel seconded It. Old Business: a. Noel and Daniel gave an update on the Feasibility Study for the Laurel Trading Co. and King Koin buildings. New Business: a. The Large Grant Application FY18-19 subcommittee was chosen. It consists of Mardie Spalinger, Janice Lehman, Daniel Kline, Dean Rankin, Linda Frickel, Steve Solberg and Don Smarsh. b. The Technical Assistance Grant was approved for 201 E. Main. Don made the motion and Daniel seconded. c. The Technical Assistance Grant was approved for 9 Montana Ave. Don made the motion and Mardie seconded. d. The Facade Grant was approved for A Haus of Realty. Don made the motion and Dean seconded. e. There was a discussion regarding various areas of both the Facade and Technical grants. Reports: a. City Administration: Tom Nelson is our new Mayor. b. City Planner: Noel explained why the High School sign was denied LURA funds. c. City Treasurer: Detail Ledger Query report for the first half of the fiscal year was passed out. d. Big Sky EDA: None. Public Comment on Non Agenda Topics: Ken Olson updated the Fireman's Memorial Park project. Judy Goldsby commented on the Lark project. Next Meeting: March 19th, 2018 at 11:00 at the City Hall Conference Chambers. Adjournment LaurelAlrpott Laurel Airport Rd. Aqt-hodw Laurel, IVIT Feb. 27,2018 Meeting called to order @ 19:00 hours by Chairman John Smith. Members present were John Smith, Randy Hand, and Brock Williams. Minutes approved of last meeting. (1-23-2018) Guest present: Craig from KLJ Engineering, Frank Felke, and Doug Poehis with hangars affected by relocation, Joe Mutchler (Rocky Mtn. College, 406-702-6658) and Mark Webb (970-373-6355) Claims approved: Normal and recurring for utilities, chemicals for weed control, snow, removal, accounting and attorneys fees etc. Also draws of $34,180.95 to KLJ, $1,896.24 to Riverside Contracting, and $10,300.00 to Rimrock engineering for work on runway project to date. Additional non- recurring fees of $3234.30 to A-1 drilling for well repair, $642.50 Northern Skies for snow removal, and $458.92 for accounting services. We did receive $1,400.81 for grazing lease on non -utilized land. Frank Felke had a question regarding his lease payments for 2018 Mich he has made. The Board stated we would refund any money paid for the 2018 portion and a land lease he was not utilizing. Information provided to accountant for verification. Reports: Craig Canfield We had very little work done on site, due to weather. The dirt under new runway has settled about 2", they anticipate another 2"to 4!' by summer. Craig stated we would get some FAA participation with the removal/relocation costs for the buildings south of new runway, but only to the extent of demolition costs. If we elect to relocate the buildings the reimbursements would equal the cost of demolition only, and balance of costs would need to be 100% funded by us. Old Business: 1. Web Page...... pending 2. Date for FAA funding discussion ...... pending 3. Need costs for Maintenance building relocation/construction ... preliminary quote has been requested, FAA should participate in most of the costs. 4 Will need updated signature card for check register, Randy to contact bank..... Pending February 27, 2018 New Business: 1. Craig will work up a bid package so we can continue with the building relocation and get available FAA participation. Meeting adjoumed, 20:10 hrs. Randy Hand Secretary Laurel Urban Renewal Agency (LURA) MARCH 19TH, 2018, CITY HALL CONFERENCE CHAMBERS Meeting was called to order by Judy Go|dsby. Roll call/Attendance: Quorum of voting members present: MardieSpa|inger,Judy Gokbby, Daniel Klein and Dean Rankin. Non-voting members: Janice Lehman and Linda Fhckei. City Staff: Kurt Markegard. City Council: Rick Herr. Chamber ofCommerce: Marcia Hafnec BearU»oth RC&D: Sue Taylor. Attendee's: Ken Olson. Introductions: Laurel's new Mayor Tom Nelson and Kurt Markegard. Approval of Minutes from Previous Meeting: After correcting the spelling nfLAR[s name and adding Judy Go|dsbyLothe Large Grant Application FY18-l9subcommittee, the minutes were approved byDon and seconded byMardie. Old Business: a. Lange Grant Applications started March 1st and the deadline is May 1st. b. Reviewed the Large Grant Applications that have been sent out as well as the correct procedures. New Business: a. Mayor Tom Nelson updated LURA on the City Planner Vacancy. The City has hired KUonretainer for necessary functions outside the scope ofwhat we're currently able to do without being a planner, b. One Large Grant Application from Deb & Todd Meling for Harmony has been received. a. City Administration: See above, b. City Planner: See above. c City Treasurer: Latest Financial report was passed out oLthe January meeting. d. Big Sky EDA- None. o. 8eartooth RC&D: Sue Taylor gave an update on the Sports Facility Feasibility Market Analysis Report. There was a discussion regarding the possibility of either extending or create a second TIF district. They are hosting aRural Economic Development Summit inBig Timber onMarch 2Znd. Public Comment on Non Agenda Topics: Judy and Daniel reported that the Trading buildings are back on the market with a lot of interest. Next Meeting: April 16th, 2018 at 11:00 aLthe City Hall Conference Chambers. March 29 — 9:30 City Hall Attending: LuAnne Engh (by phone) Walter Widdis, Matt Wheeler, Kurt Markegard, Dale Ahrens, Richard Herr, Phyllis Bromgard, Fran Schwelgert, Bruce Lefler, Aaron Christensen Guests: Pat Hart, Sue Carter Donors: to date we have $3200 collected outside the Walmart Grant Recent donations include • State Farm • Lions International • Rotary • Laurel Employee Union • DNRC • Laurel Ford • Ace Hardware $200 $500 $200 $100 $750 $ 50 donation of bark and t -posts ($600) Yellowstone Bank Check has not shown up yet — LuAnne to follow up River Ridge is donating $200 Baptist School is donating $260 for the Amur Maple tree Aaron has Meadow Green Sales and Rocky Mountain Compost Bethany will send out letters to donors recognizing their gifts — Kurt will draft the letter. At our next meeting we will all sign a note to each donor thanking them for the gift. LuAnne will get the logos to Dynamic and work with them on the t -shirt and banner Deadline is April 6 for the finalizing of the printing and ordering the shirts Trees: Kurt sent out a request for bid and we received 3 of which the following was decided • River Ridge — 3 Golden Willow @ $275 • River Ridge —4 Honey Locust @ $280 • Canyon Creek — Unity Sugar Maple — @ $220 Lion's Memorial Tree • Good Earth — Amur Maple - @ $220 Baptist School ceremonial tree Either the LHS shop students or Pacific Steel can make plates to identify the trees — We want to do that to help educate and identify trees. A site visit will happen before next meeting to start the holes for the trees and prepare the area with the help of the city crew and Aaron working together. Ceremony: • Kurt is working on the ceremony, Pastor Widdis is going to work on the program • Boy scouts or the Legion will do the flag presentation — Aaron to contact the scouts • Lydia should be presented with her gift • The ceremony will start after the kids eat • Dale offered to fill in for Linda if she can't make the ceremony due to the Space Link Schools/schedule • The schedule for the students won't be decided until the week before the event. We will keep our schedule flexible in order to make last minute changes. • We know the ceremony will begin by noon and the students will leave by 2:50 Publicity: • Pastor Widdis contacted the Outlook and they will donate the ad for Arbor Day • Pastor will work on the Press Release and other PR at the next meeting Lydia's gift: • We will get her a tablet • Dale will check with Alyson on her source of Tablets from school, otherwise • Kurt will order from Amazon Tee Shirts/Banner/Bracelets • Shirt order needs to be in by April 6th • LuAnne is collecting sizes • LuAnne will work with Bethany to order the bracelets before the next meeting Next Meeting: April 12th 9:30 - Future dates — April 26 Next Agenda 1. Site layout/Set up 2. Schedule- tentative 3. Ceremony — final details — sound system, trailer 4. Publicity — Outlook, TV and radio 5. T-shirts and wrist bands - LuAnne 6. Gift for Lydia — Kurt to purchase 7. Toilets, tables, chairs, garbage cans RESOLUTION NO. R18-13 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH THE BILLINGS FAMILY YMCA FOR THE OPERATION AND MANAGEMENT OF THE CITY OF LAUREL MUNICIPAL POOL. 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 R18-13 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, 12:00pm to 5:00pm, Saturday and Sunday 1*00pm to 5:00pm. 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 iso day of July, the I" day of August and $13,200 on the 15` 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 41' 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 YM(A'c aron „F . --.- I be limited to the fenced pool area. The scope of general liability en patrons enter the fenced pool area and ceases upon leaving the 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 $SO Off -Site Member $60 Non -Member $80 Lap Swimming, (1 month sessions, lap swimming available on daily fee, punch card basis) YMCA programming is subjectto minimum participation number system. RESOLUTION NO. R18-14 A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KA.DRMAS, LEE & JACKSON, INC. FOR SERVICES RELATING TO THE CITY'S EAST 6TH STREET RECONSTRUCTION PROJECT. WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee & Jackson, Inc. ("KLJ") on December S, 2017, via Resolution No. R17-69; and WHEREAS, the City of Laurel requires engineering services for the City Project known as the East 6"' 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 Yd 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 APPROVED AS TO FORM: Sam Painter, Civil City Attorney R18-14 Approve Task Order for East 6" Street Reconstruction Project: Kadrmas, Lee & Jackson, Inc. This is a Task Order for KU Project No. 1804-00121, consisting of 4 pages, plus attachments. Task Order: East 6th Street Reconstruction In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December 5, 2017 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: April 3, 2018 B. Owner: City of Laurel C. Engineer: Kadrmas, Lee & Jackson, Inc. (dba "KU") D. Specific Project (title): East 61h Street Reconstruction E. Specific Project (description): Street reconstruction and related work from I" 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 — East 15 Street Reconstruction 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 1 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: a Pay the cost of any review fees imposed by agencies having jurisdiction over the project. a 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 pian the project to accommodate these dates, barring delays from SID creation, weather or other unexpected circumstances. o 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 — East 6a' Street Reconstruction EJCOC® E-505, Agreement Between Owner and Engineer for Professional services —Task Order Edition. Copyright 0 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. B. 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 S. Other Modifications to Agreement and Exhibits: None 9. Attachments: Exhibit A — Engineer's Services for Task Order 10. Other Documents Incorporated by Reference: 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. Task Order form — East 6th Street Reconstruction 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 l he Effective Date of this Task Order is April 3, 2018. OWNER: City of Laurel ENGINEER: By: By: Print Name: Print Name Title: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Title: Director of Public Works Engineer L Certificate •37 State of: DESIGNATEL)KtNnt-�tivIHI ivLi—..-)ER: Name: Carl Jackson Title: PO Box 10 Address: Laurel, MT 59044 Address: E -Mail E -Mail Address: kmarkegard@laurel.mt.gov carl.jackson@kljeng.com Phone: 406-628-4196 Engineer L Certificate •37 State of: DESIGNATEL)KtNnt-�tivIHI ivLi—..-)ER: 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 — East 60' Street Reconstruction EJCDCF 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 April 3, 2018. 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. 3. 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 representthe 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. 2. 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. b. 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 —East 6u' Street Reconstruction EJCDC® E -S05, 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 Soclety of Civil Engineers. All rights reserved. Page 1 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. 3. 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 —East V Street Reconstruction EJCDC'9 E -50S, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright 0 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. a. 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 — East V Street Reconstruction EJCDC• E -SOS, Agreement Between Owner and Engineer for Professional Services —Task Order Edition. Copyright 0 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. c. 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. 2. 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: a. 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 1St 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 11 Avenue intersection are not included. L 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 i. 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—East 6"' Street Reconstruction EJCDCe E-505, Agreement Between owner and Engineer for Professional Services —Task order Edition. Copyright 0 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 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 Owner's authorization. 3. 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. b. 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. S. 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 EJCDC® 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 — East 60 Street Reconstruction 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 5 B. Engineer's services under the Preliminary Design Phase will beconsidered complete onthe 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 bbased 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 Final Design Phase A. As Basic Services, Engineer shall: 1 Dnthe basis ofthe 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. I Engineer's fee is based on completing the Final Design Phase services described below one time; multiple iterations will beprovided asAdditional Services. 3. Visit the Site as needed to assist inpreparing 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. TemporaryEasements-detennineextent oftemporary 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 onspecific 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 onthe specific bidding orprocurement-refated instructions and forms, text, or content received from Owner. 9. Furnish for review byOwner, 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 delivera bles, and review them with Owner. Exhibit x-snginw,esServices - East 6th Street Reconstruction gCDc E-SOAgreement Between Owner and Engineer for Professional Services -Task Order Edition. Copyright 0zm4 National Society vfProfessional Engineers, American Council ofEngineering Companies, and American Society n[Civil Engineers. All rights reserved. Page 6 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. 3. 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 A2.01.13.2 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 A2.01.8.2 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—East 6t° Street Reconstruction EJCDC° E -SOS, 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 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 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. 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 L 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 — East 6v' Street Reconstruction EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright 0 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 taws 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 — East 61h Street Reconstruction EJCDC° E -SOS, 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 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. 2. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 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. 6. 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 RAs, Change Proposals, or demands. Exhibit A — Engineer's Services — East 6v' Street Reconstruction EICDC® 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 —East 6'" Street Reconstruction EJCDCO E -SOS, 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, S 10 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 Iand, clean it up, and build 6 individual homes. I paid 1,450 in fees on 12/22. So hopefully this process can be expedited. Darrell Dyer 701-527-2100 CITY HALL Cit f Laurel W. IST ST. PUB. WORKS: 628.4796 WATER OFC.: 628-7431 COURT: 628-1964 P.O. Box 10 FAX 628-2241 Laurel, Montana 59044 Office of Planning Date: March 22, 2018 To: Mayor and City Council From: Forrest Sanderson, AICP, CFM — Contract Planner Re: Annexation Request, Darrell Dyer BACKGROUND: 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 ofproperty. Given that we are dealing with 'h 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'/z 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. 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 YZ 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 % -opi:eni: is required -sq ill,-�t 'i4"tk.h thvo City 11ka:tluer prior to Tilling omt dll aiovlic2ti n. All blanks of this aD D liicafion a e fo be died in with eat Ianation by the armlicant. Incomplete applications will not be acce fed. I. 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; �0 ane = e- C © Address: 1 3,cl L 64"� s L Kn T Phone: t-1 a to S 5 4g - G to q l 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, N&, M,,e4q nm3 stu "ra7- A;ty g bt.K -4 Lot size Present use: 'V'L0,�, Planned use: rn u., X-"�T-4— -.1 n W t o,0y o sLA At -S Present zoning: ell (Land which is being annexed automatically becomes zoned R-7500 when it is officially annexed (City ordinance 17.12.2201) 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: '1 OJ 3 - Cost of extension of approved service: How cost determined: Timeframe for installation: Sewer Service: Location of existing main: TL A-1 tet�- Cost of extension of approved service: How cost determined: hod ►- � Timeframe for installation: IS How financed: Streets: Is there any adjoining County ROW to the proposed annexation: 0.11 e AA W& - Location of existing paved access: :� a kw-, e.v- Cost of paving: g%/ A How cost determined: Timeframe for construction: Other required improvements: Provide above information on attached pages. 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 -County 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. 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 Fomi 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 I - 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 7 - Jim Cotte�f 1 AFFIDAVIT OF WAIVER OF PROTEST BEFORE THE CITY COUNCIL OF THE CITY OF (LAUREL, MONTANA FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF ANY FUTURE 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, gutter, 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: DATED this day of , 20 Grantee Name (Company..) STATE OF ) ) ss. County of ) On this. day of , 20personally 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. (SEAL) 1 Notary Public for the State of Residing at: My Commission Expires: r4� Ci) O i 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 part 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 (14dh 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. (1 ST 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 2nd 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 ZONE CHANGE/LAND USE VARIANCE 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: Zone To: - - « -% - 1;1-_," - t one 1. Legal Description of property: w d n„ 4 S, A, ) e, : r,, 2. General location:6 3. Proposed use: -M X` a V i - p vr. 1 y LA - L -t 4. Owner(s): L) P,•rn e , K- Qd Q-0- (Recorded owner) (address) S. Agent(s): 1-\D1a- 'a 5('o- •14 Ls 12 (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 SignatureLL __ Date �� - /�� l a t7 Fee Paid & Date Paid_ f �_ . r6 - 1pl j r .3., City of Laurel, 115 W. First Street, Laurel, Montana 59044 SA sins 2 -Doer+ sm LrIn s-D1NW 2.RAM IST tM T;z� .; 2 -MTA , �� 1n,r 3, 11 Zug" , rAa 1ts'.2Y F 1s.2YY 1Sm' -- � � t �9 1 2 t DOW ! 1 2= -RR 1 [ t Z O umx Ino i t 12 UOTS 1 , -,AMS rso 1sa iso is U1 j ! 1 iSi2Y 592 1s. r�� 1 i aao• I — �1 � f� t f 1 2.DERy 1 j 2M L Mm Ina « I 1 dna I ;1 s- 1 2-"M 17.4f1SEfESIVt1CVM GE5i7Y 1ri3Y t5'dY 1 t1 i I I FIR Yellowstone County Property Tax Information isclaimer: Not all fields are currently maintained. The accuracy of the data is not uaranteed. Please notify the Appraisal/Assessment Office of any inaccuracies. 13a,.1; iu:�r;,rt•h _�c,i•,,; :' ; ;Finn i)c+t:?ii Owner Information Page 1 of 2 *111ease Nora: 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: B016811) Primary Party Primary Owner Name: AICA - Also Known As 2018 Mailing Address COTTER, JAMES M COTTER, JAMES COTTER, JAMES M 1309 E 8TII 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 workfor sonic neiver 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 = S 52,864.00 Total = S 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 anue, 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 2(1110 61.75 P 64.06 P 125.81 200 t 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 29.061) 29.04 P 58.10 2005 30.12 P 30.11 1' 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: 1 - John Ostlund (R) School Attendance Areas Senate: 28 - Tom Richmond (R) High: LAUREL house: 55 - Vince Ricci (R) Middle: LAUREL Ward: Outside City Limits Clem: LAUREL Precinct: 55.4 Zoning: Residential Tracts Click dere to view Billin'vs R,�Hnlatlons Click dere to view Laurel School District Trustee Links Re'_uhltiolls Click I [ere to view Broadview Re,ulations Page 2 of 2 Any continents or questions regarding the web site may be directed to the Web Developer. littp:HNrww.co.yellowstone.mt.gov/gis/esaprop.asl)?propid=229421 3/2/2018 °O1if� { � i`tt,.s Y41fr r 1.. � 1 �.•� �i.. �1 _ i �� l'�• .�• '�4 � s fr. ''E � t' I.rs �S'�� �y. ���,, it � ,�� ,. r �' 1, t, l � � L1•,h'W �1��+•. y� - }L Ji • ��t1.. .err. ,-':.. 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