HomeMy WebLinkAboutCouncil Workshop Packet 07.06.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, JULY 06, 2021
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the
public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
Executive Review
1. Resolution - A Resolution Of The City Council Selecting Midwest Fire As The Successful
Bidder For The City’s Purchase Of A Brush Truck.
2. Resolution - A Resolution Of The City Council Authorizing The Award Of Grants From The
Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program
For Eligible Applicants And Improvements.
3. Resolution - Resolution Approving The Application For Bitterroot Grove Townhomes, A Sixty
Unit Planned Unit Development As An Addition To The City Of Laurel.
4. Resolution - Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block 6,
Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located
Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County,
Montana.
5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract
With Rossman Masonry LLC For Repairs To City Hall.
6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract
With Ace Electric, Inc. For Electrical Work At The City’s Sewer Plant.
7. Resolution - A Resolution Of The City Council Selecting COP Construction, LLLC as The
Successful Bidder For The City’s Purchase Of A Screw Pump For The City’s Waste Water
Treatment Plant.
8. Resolution - A Resolution Of The City Council Selecting Osseo Construction Co., LLC As The
Successful Bidder For The City’s Water Tank Recoat Project.
Council Issues
9. Cable Depth Discussion
10. Discussion concerning Community Decay
11. Infrastructure Funds and Appropriations
12. CARES Funds Appropriations
13. Qualifications for Elected Office
Other Items
Review of Draft Council Agendas
14. Draft Council Agenda for July 13, 2021.
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Attendance at Upcoming Council Meeting
Announcements
15. Employee Recognition
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
1. Resolution - A Resolution Of The City Council Selecting Midwest Fire As The Successful
Bidder For The City’s Purchase Of A Brush Truck.
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R21-__ Award Bid for Purchase of Brush Truck: Midwest Fire
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL SELECTING MIDWEST FIRE AS THE
SUCCESSFUL BIDDER FOR THE CITY’S PURCHASE OF A BRUSH TRUCK.
WHEREAS, the City of Laurel planned to purchase new equipment, specifically a Brush Truck,
which was publicly advertised for competitive bids from interested and qualified bidders; and
WHEREAS, City Staff reviewed and considered the bids received and recommends the City
Council award the bid to the qualified and responsive bid that appears to be in the City’s best interest; and
WHEREAS, Midwest Fire submitted a bid of $190,586.00 for a Brush Truck that meets the City’s
specifications. City Staff determined the bid is in the best interest of the City. The Bid documents are
attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds
that the City has followed its procurement policies and state law requiring competitive bidding; and
BE IT FUTHER RESOLVED the City Council hereby awards the bid to Midwest Fire for its bid
price of $190,586.00. The Mayor and City Clerk are authorized to sign all necessary documents,
agreements or contracts on the City’s behalf consistent with this resolution for the purchase.
Introduced at a regular meeting of the City Council on ________________, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day of
________________, 2021
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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File Attachments for Item:
2. Resolution - A Resolution Of The City Council Authorizing The Award Of Grants From The
Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program
For Eligible Applicants And Improvements.
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R21-__ LURA Large Grant Applicant Approval
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
AWARD OF GRANTS FROM THE TAX INCREMENT FINANCING DISTRICT
FUNDS PURSUANT TO THE LURA LARGE GRANT REQUEST PROGRAM FOR
ELIGIBLE APPLICANTS AND IMPROVEMENTS.
WHEREAS, the City of Laurel approved a Large Grant Request Program proposed by the
Laurel Urban Renewal Agency (LURA) through Resolution No. R15-08; and
WHEREAS, a number of property owners prepared and submitted applications seeking
grant funding through the Large Grant Request Program for their respective projects; and
WHERAS, as provided in the Meeting Minutes (attached hereto and incorporated herein),
the LURA Board reviewed and considered all of the applications submitted and recommends the
City Council’s approval and award of large grants to the Applicants in the following amounts:
1. Carl Jones -Laurel Auto Clinic: $75,894.00
2. Don Smarsh – Dynamic Designs: $23,208.00
3. Daniel Nease – Emerald HVAC: $6,475.00
4. Eric Harkins – Laurel Ford: $145,832.00
5. Marvin Carter – Fraternal Order of Eagles: $11,640.00
6. Nadine Horning – Rapid Tire: $11,905.00
WHEREAS, all the applicants, applications and projects are eligible for grant assistance
and LURA recommends approval and funding of the same in the amounts provided herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the Applicants listed herein are hereby approved for large grants pursuant to the
Large Grant Request Program in the amounts provided herein to be paid from the City’s Large
Grant Request Program, Tax Increment Financing District Fund.
Introduced at a regular meeting of the City Council on ________________, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day of
________________, 2021.
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
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R21-__ LURA Large Grant Applicant Approval
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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Funding Avail:
$ 275,000.00 $ -
Applicant Project Application
Date
Start
Date
Completion Date Initial Requested
Amount
Working Amount 1
(50%)
LURA Working
Amount
LURA Awarded
Amount
City Council Awarded
Amount
Carl Jones Laurel Auto Clinic - abatement and demolition of
existing residence on the property. Mmove and
construct bathrooms into the automotive shop and
redesign the waiting room and office area
4/15/2021 3/1/2021 12/31/2021 $ 228,250.00 $ 114,125.00 $ 75,893.13 $ 75,894.00
Don Smarsh Dynamic Designs - Roof Replacement, Back parking lot
replacement, installation of handicap ramp and door at
front of building
5/24/2021 3/1/2021 11/1/2021 $ 46,415.89 $ 23,207.95 $ 23,207.95 $ 23,208.00
Daniel Nease Emerald HVAC - Removal and replacement of sewer
piping and install new liner, involving interior and
exterior excavation
5/27/2021 7/1/2021 12/31/2021 $ 12,950.00 $ 6,475.00 $ 6,475.00 $ 6,475.00
Eric Harkins Laurel Ford - Repair and Replace shop insulation,
replace and upgrade asphalt surfacing of lot and
landscaping, remove and replace flooring in customer
kitchen/lounge area, install EV Charging stations at
front parking area
5/28/2021 10/1/2021 9/1/2021 $ 438,591.77 $ 219,295.89 $ 145,831.76 $ 145,832.00
Marvin Carter Fraternal Order of Eagles - Remodel the back bar area
including cooler, new shelves, mirros, electrical system,
plumbing, ceiling and floor replacement, painting and
carpentry
5/14/2021 7/1/2021 10/1/2021 $ 23,280.00 $ 11,640.00 $ 11,640.00 $ 11,640.00
Nadine Horning Rapid Tire - Beautify the corner of West Railroad st and
S. 1st Ave, Landscape lawn and weeds, add plants and
trees, install cement slab seating for pedestrians
6/1/2021 6/1/2021 11/1/2021 $ 23,809.00 $ 11,904.50 $ 11,904.50 $ 11,905.00
Total: $ 773,296.66 $ 386,648.33 $ 274,952.33 $ 274,954.00 $ -
LURA Large Grants 2021
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MINUTES
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, JUNE 21, 2021
11:00 AM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
The Planning Director called the Meeting to order at 11:02AM.
Mardie Spalinger
Janice Lehman
Daniel Klein
Michelle DuBois
Don Smarsh
Nick (City of Laurel)
Linda Frickel (arrived at 11:05)
Dianne Lehme (BSEDA)
Richard Herr
Marvin Carter
General Items
2. Approve Meeting Minutes: April 19, 2021
Members Reviewed the minutes from April 19, 2021.
Don Motioned to approve the Minutes from the meeting on April 19, 2021.
Mardie Seconded.
Motion Carried.
New Business
Nick presented a brief overview of the grants. Discussed the grant for High Plains Brewing and his
recommendation for inclusion.
Daniel motioned to remove the grant application for High Plains Brewing from consideration.
Mardie Seconded.
Motion Carried.
Nick presented the Large Grants and his recommended amounts of approval. Members discussed the
length of time for the grants and eligibility.
Daniel asked Don whether he would be okay with holding off on approval on the grant for Dynamic
Designs as he is a voting member and recusal would negate the quorum of the meeting.
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Could we hold an additional meeting to amend the Large Grants to include Dynamic Designs?
The Applicant approved of waiting until a full meeting of the LURA Board to have his grant
approved.
Members asked if there are options for providing options for attending digitally (via Zoom or otherwise)
3. Large Grant Application: Laurel Auto Clinic
Members reviewed the grant request and the spreadsheet.
Daniel Motioned to approve the Large Grant Application for Laurel Auto Clinic totaling $75,894.00.
Don Seconded.
Motion Carried.
4. Large Grant Application: Fraternal Order of Eagles
Members reviewed the grant request and the spreadsheet.
Discussion of the grant with the Applicant Marvin Carter on timeline and contractors.
Hope to get it started after the Fourth of July holiday.
Mardie said that the Eagles have done good work on the outside.
Marvin Carter said that the internal ceilings need to be fixed. There are a couple of ceilings that need
replacing and improving. This grant would assist with that work.
Mardie Motioned to approve the Large Grant Application for the Fraternal Order of Eagles for $11,640.
Daniel Seconded.
Motion Carried.
5. Large Grant Application: Laurel Ford
Members reviewed the grant request and the spreadsheet.
Discussion of Electric Chargers and if they are allowable.
Nick treated them as Energy Efficiency and Infrastructure improvements.
Discussion of site ownership and leasing for receiving grant funds.
Nick provided additional information on who is eligible to receive funds.
Daniel Motioned to approve the Large Grant Application for Laurel Ford totaling $145,832.00.
Don Seconded.
Motion Carried.
5. Large Grant Application: Rapid Tire
Members reviewed the grant request and the spreadsheet.
Members discussed that the Rapid Tire Grant fits the need for the district, landscaping, site work, and
blight removal. This grant will make a big difference in aesthetics.
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Mardie Motioned to approve the Large Grant Application for Rapid Tire totaling $11,905.00.
Don Seconded.
Motion Carried.
Members discussed the Railroad Overpass. Is the State done with the restoration work on the sidewalls?
The Stucco work?
The project appears to be completed at this time. It was meant to strengthen the walls and
structurally improve it.
7. Large Grant Application: Emerald HVAC
Members reviewed the grant request and the spreadsheet.
Don Motioned to approve the Large Grant Application for Emerald HVAC totaling $6,450.00.
Mardie Seconded.
Motion Carried.
8. Large Grant Application: Dynamic Designs
Daniel suggested Tabling the application for Dynamic Designs until a proper quorum can be convened.
The Members agreed.
The Large Grant Application for Dynamic Designs has been tabled until the proposed meeting on June
28th.
9. Large Grant Application: High Plains Brewing
Members removed the Large Grant Application for High Plains Brewing from consideration. The
applicant has been notified that he will be able to re-apply during the next large grant cycle.
Old Business
Other Items
Dianne Lehme of BSEDA was present. She suggested having Laurel consider the ARPA funding that is
coming out. This is specifically for Water and Sewer Projects. TIFs and TEDD districts are eligible to
receive funding. They do not require specific matching funds but they would prefer to see it. The
applications are not as detailed as other ones are. The Largest amount able to be requested is $25
million. Eligible projects include drainage systems and storm water.
Nick remarked that they have been working with KLJ to come up with projects.
Richard Herr said it would be important to look westward by the interchange and to expand
westward.
The City could apply for multiple projects (WL Interchange, TIF District, etc.)
This funding is also able to be matched with Federal dollars (NOT a normal situation).
Nick mentioned that the City is also looking at other funding sources such as Coal Board in order to get
projects done.
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The Coal Board was recently reorganized and may look at Laurel and Yellowstone County
differently.
Members discussed possible eligibility of projects and how the Ditch improvement would
Richard suggested appointing a Vice Chair. Nick placed the item on the agenda for June 28th.
Announcements
10. Adjourn
The next meeting is scheduled for June 28, 2021.
Mardie Motioned to Adjourn.
Daniel Seconded.
Meeting Adjourned at 12:20pm.
11. Next Meeting: July 19, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person’s abi lity to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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AGENDA
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, JUNE 28, 2021
11:00 AM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
The Chair Called the meeting to order at 11:00am
Mardie Spalinger,
Janice Lehman
Dennis Eaton
Don Smarsh
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: June 21, 2021
Don Motioned to approve the meeting minutes from June 21, 2021.
Mardie Seconded.
Motion Carried.
3. Large Grant Program 2021 - Amendments
Nick presented the outstanding grant application for Dynamic Designs ($23,208.00).
Don has been working with Kurt Markegard with Public Works getting the encroachment permit
completed for the handicap ramp. It has been a long process due to getting all the information together
from the different contractors. KM has provided all the requirements. The roof is so bad that it cannot be
patched. Needs a full replacement. Will be done by US Roof. Concrete work to be done by MKM.
Drainage, and rear work is important to not have flooding when it rains. Door to be done by Associated
Glass.
Mardie motioned to approve the Large Grant Application for Dynamic Designs totaling $23,208.00.
Dennis Seconded.
Motion Carried.
New Business
3. LURA Small Grant: Main St. Perk Sign Grant
Nick presented the
Don Motioned to approve the Sign Grant for Main Street Perk totaling $445.00.
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Mardie Seconded.
Motion Carried.
4. LURA Small Grant: The Front Porch
Mardie Motioned to approve the General Small Grant Application for the Front Porch totaling
$2,448.51.
Don Seconded.
Motion Carried.
5. LURA Small Grant: Laurel Ford Sign Grant
Members reviewed and discussed the sign grant for Laurel Ford. Nick provided information about the
Large Grant that was approved last week and this request. They are separate requests, with this not
having been duplicated.
Don Motioned to approve the Sign Grant for Laurel Ford totaling $3,000.
Dennis Seconded.
Motion Carried.
Old Business
Discussion of ARPA funding, and other projects.
Dennis provided some information on the issues on the South Side. There is no drainage at all. Speed
from truck traffic has been a big issue, as well as speed along those streets. Points discussed included:
• Street Widening and citizen pushback.
• Drainage within the whole area.
• Parking concerns.
• Industrial traffic from CHS refinery.
• Speed from industrial traffic and other visitors
Members discussed:
• Discussion of ARPA funds and the different rounds of funding available.
• Difficulties with procuring engineers and construction companies.
• Do we know who have applied for grants?
• Other grants available from Coal Board and others.
• Need to have more training and certification programs ready for people.
Other Items
Don brought up what limits we should place on applicants? A limit on requested amounts?
How do we weigh the application and requested amounts?
Nick asked if we should cap the lifetime amount someone can award? Or if we should cap the amount of
funds being applied for?
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Dennis asked whether we SHOULD tie LURA funds to the incremental amounts paid into the district?
Dennis – Everybody gets some. Should we have a system to better consider projects?
The smaller, regular businesses should have a priority over the larger conglomerates who have
money to spend.
Public-facing improvements. (Entrance, façade, public spaces, etc.)
Don mentioned that he has had conversations with people to open new businesses (restaurant, brewery,
etc.) and didn’t know where to start. He has mentioned LURA to them as a way to get help with start-up
costs and other major costs.
Announcements
Chair adjourned the meeting at 12:01pm.
Next Meeting: July 19, 2021
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 Cle rk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
3. Resolution - Resolution Approving The Application For Bitterroot Grove Townhomes, A
Sixty Unit Planned Unit Development As An Addition To The City Of Laurel.
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R21-__ Conditional Approval for PUD Application for the Bitterroot Grove Townhomes
RESOLUTION NO. R21-____
RESOLUTION APPROVING THE APPLICATION FOR BITTERROOT
GROVE TOWNHOMES, A SIXTY UNIT PLANNED UNIT DEVELOPMENT
AS AN ADDITION TO THE CITY OF LAUREL.
WHEREAS, the Planned Unit Development Application (“PUD”) was submitted
to the City of Laurel by an agent for the property owner (“Petitioner”) of Block 6, Lots
1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision, seeking approval for the
Development Application to include annexation to the City of Laurel, zoning, and a
variance to lot size; and
WHEREAS, Petitioner constitutes the owner of the entire property which is
subject to the application submitted to the City for approval; and
WHEREAS, the Laurel City-County Planning Board reviewed the Planned Unit
Development Application, at a duly advertised public hearing that was held on May 19,
2021; and
WHEREAS, the Laurel City-County Planning Board heard testimony from
Petitioner and his Agents who spoke as proponents of the requests and testimony from
individuals who resided near the proposed development area; and
WHEREAS, based on the evidence and testimony provided at the hearing the
Laurel City-County Planning Board approved a motion to recommend the approval of the
PUD application to the Laurel City Council with the eleven conditions recommended by
Staff as contained in the Staff Report dated June 24, 2021; and
WHEREAS, the City Council held a public hearing on July 13, 2021 on the
proposed PUD application as well as the annexation and variance requests submitted by
the Petitioner; and
WHEREAS, whereas the City Council gathered public comment regarding the
application and based upon the documents contained in the City’s File, and testimony and
evidence submitted during the public hearing, the City Council has determined it is in the
City’s best interest to conditionally approve Petitioner’s application subject to the eleven
conditions contained in the Staff Report dated June 24, 2021; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Laurel, Montana, as follows:
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R21-__ Conditional Approval for PUD Application for the Bitterroot Grove Townhomes
1. Petitioner’s application for the Planned Unit Development known as the Bitterroot
Grove Townhomes is hereby conditionally approved subject to the eleven
recommendations contained in the Staff Report Dated June 24, 2021.
2. The City Council hereby adopts the findings and recommendations for approval
contained in the Staff Report as its findings and recommendations for approval.
3. The City Council’s approval is specifically conditioned on the findings and
recommendations adopted herein.
Introduced at a regular meeting of the City Council on ________________, 2021,
by Council Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day
of_______________________, 2021
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT & FINDINGS OF FACT
TO: Laurel City-County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Planned Unit Development – Bitterroot Grove Townhomes
DATE: June 24, 2021
N/LOCATION:
DESCRIPTION OF REQUEST
A Planned Unit Development application and supplemental was submitted by Forrest
Mandeville of Forrest Mandeville Consulting and Engineering West on behalf of Darrel Dyer for
the parcels at 1304 E. 8th Street, between Fir and Juniper Avenues. The Applicant has proposed
the Bitterroot Grove Townhomes, a 60-unit Planned Unit Development with age-restricted
units for those 55 and older. This PUD application also includes a request for annexation and a
variance. The Application contains all the necessary components of the PUD, Variance, and
Annexation applications. The property is currently owned by Elvira and James Cotter, with
purchasing agreements in place. The property currently has a great deal of personal property,
debris, and materials on site and is an overgrown state.
Owner: James Cotter, Elvira Cotter
Legal Description: NUTTING BROS SUBD, S10, T02 S, R24 E, BLOCK 6, Lots 1 - 12, BLOCK 6,
Lots 1 - 12
Subdivision size: 4.68 Acres
Existing Land Use: Residential, Vacant
Proposed Land Use: Residential Planned Unit Development
/LOCATION:
BACKGROUND AND PROCEDURAL HISTORY
1. A pre-application meeting for the Planned Unit Development took place on June 23,
2020 between the Applicant, their engineers, and City Staff.
2. The Application for the Planned Unit Development, Annexation, and Variance and their
supporting documentation was submitted on March 15, 2021.
3. The City Staff Design Conference took place on April 27, 2021.
4. The Planning Director transmitted a letter of findings to the Applicant and their
developer on May 7, 2021.
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5. The Applicant and their developer resubmitted documents to the Planning Department
on May 17, 2021.
6. The Planning Board held a public hearing on the proposed Planned Unit Development,
Annexation, and Variance applications on May 19, 2021.
7. The Planning Director worked with the Applicant and their contractor to update the
Annexation Agreement and HOA Bylaws as discussed at the May 19th meeting.
8. The Planning Board has scheduled a second public hearing on the proposed Planned
Unit Development, Annexation, and Variance applications for June 16, 2021.
9. The Planning Board lacked a quorum at the scheduled public hearing on June 16, 2021.
10. The Planning Director forwarded the materials and documentation for the Bitterroot
Grove Townhomes Annexation, Variance, and Planned Unit Development to the City
Council on June 25, 2021.
11. The City Council has scheduled a subsequent public hearing on the proposed Planned
Unit Development, Annexation, and Variance applications to approve, approve with
conditions, or deny the requests on July 13, 2021.
STAFF FINDINGS
1. The Application for PUD, Annexation, and Variance contain all the necessary items.
2. Annexation has been requested to hook the property into the municipal water and
wastewater system, as well as garbage pick-up.
3. A variance has been sought for the minimum size requirements of a Planned Unit
Development stated in the Laurel Municipal Code.
a. Laurel Municipal Code requires a minimum of 5 acres for a PUD
b. The proposed PUD is 4.68 acres.
4. The Applicant has proposed private interior streets with gated entrances.
5. Gated entrances shall be accessible by all Laurel EMS, Fire, and Police departments, as
well as code enforcement and public works where necessary.
6. The Applicant has proposed private internal water and sewer connections.
7. The Applicant has proposed a water meter building, to manage the interior water
system of the development.
8. The proposed project would improve a largely vacant, blighted lot with a dense
residential development.
9. The application includes bylaws for a townhouse association to manage the property.
10. The subsequent submittal of documents on May 17 included a landscaping plan and
weed management plan.
11. An Annexation Agreement was provided with the application which specifies adjacent
public improvements, development standards, and other requirements for annexation
into the City of Laurel.
PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA
LMC 17.32.020 – Review and Approval, Part D states:
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3
“Within thirty days after the design conference, the application shall be reviewed by the city-
county planning board and recommendations cased on the comments from the design
conference and the criteria contained in the subdivision regulations shall be forwarded to the
zoning commission. The comments from the design conference shall be forwarded to the
planning board, zoning commission and developer within five working days after the
conference.”
RECOMMENDATIONS
The Planning Director Recommends approval of the Planned Unit Development for the
Bitterroot Grove Townhomes with the following conditions of approval:
1. The Property shall be cleared of personal property, debris, and refuse prior to
annexation, variance, and PUD approval.
2. The Property shall be brought up to city standards prior to annexation, variance, and
PUD approval.
3. Landscaping plan and maintenance schedule and/or information shall be sufficiently
detailed for City Departments to enforce nuisance codes and other ordinances.
4. The proposed Water system shall be approved by the contracted city engineer, KLJ
Inc.
5. The proposed Water system shall meet all Montana DEQ and City Standards.
6. The proposed Wastewater system shall be approved by the contracted city engineer,
KLJ Inc.
7. Weed Management Plan shall be completed and approved by the Yellowstone
County Weed District.
8. Annexation Agreement shall be updated with specific changes noted by the Planning
Department.
9. Bylaws for the Bitterroot Grove Townhome Association shall be updated with the
specific changes noted by the Planning Department.
10. The Owner/developer shall apply for all necessary and applicable city permits.
11. The Owner/developer and the City shall establish a satisfactory solution for the
public alleyways within project boundary.
ATTACHMENTS
1. PUD Written Statement
2. Annexation Application
3. Annexation Agreement (updated)
4. Waiver of Right to Protest (updated)
5. Variance Application and Request Letter
6. PUD Layout/Design
7. PUD Landscaping Plan
8. Bylaws of Bitterroot Grove Townhomes Association (updated)
9. Images of proposed townhome design
217
4
10. Planner Letter to the Applicant (dated 5/17/2021)
11. Comments from Ryan Welsh, Engineer at KLJ, on proposed Water/Sewer expansion (dated June
8, 2021)
218
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 1
PLANNED UNIT DEVELOPMENT
WRITTEN STATEMENT
BITTERROOT GROVE TOWNHOMES
DARRELL DYER
NUTTING BROS. SUBDIVISION
BLOCKS 6 & 7, PLUS ABANDONED PORTION OF HAZEL AVE.
LAUREL, MONTANA
FEBRUARY 2021
219
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 2
SUMMARY
The Bitterroot Group, LLC (Darrel Dyer), intends to create a 60-unit townhome development in
Laurel, MT, on the south side of Eighth Street, between Fir Avenue and Juniper Ave. The
development will utilize the Planned Unit Development (PUD) process, as outlined in the Laurel
Municipal Code (LMC), Section 17.32.
The property is currently outside of Laurel city limits, and annexation has been requested. The
property was split by an undeveloped portion of Hazel Ave, but abandonment has been
conditionally approved by Yellowstone County. As a condition of approval for the Hazel Ave.
abandonment, the landowner will resurvey the property to aggregate the property, as shown on the
site plan.
Aerial of Site
PLANNED UNIT DEVELOPMENT WRITTEN STATEMENT (LMC 17.32.040)
Copies of any special agreement, conveyances, restrictions or covenants, which will govern
the use, maintenance and continued protection of the planned unit and any of its common
parks or open spaces. Covenants and restrictions are proposed for the governance of the
townhome PUD development, copies of which are provided as an attachment to this document.
220
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 3
A statement of the present ownership and legal description of all the land included in the
planned unit. The property is owned by Bitterroot Group, LLC. The applicant is Darrell Dyer. The
property is legally described as Nutting Bros. Subdivision, Blocks 6 & 7, plus the Abandoned
Portion of Hazel Ave. The Abandonment of Hazel Ave has been conditionally approved by
Yellowstone County.
An explanation of the objectives to be achieved by the planned unit, including building
descriptions, sketches, or elevations as may be required to describe the objectives. The
Bitterroot Grove Townhomes PUD development will provide housing in a community setting,
targeted at the age 55 and up community. It is the intent of the applicant that this development
contributes to the vitality and growth of the City of Laurel in an orderly and desirable fashion. This
will also provide beautification to a main east-west transportation corridor in northeast Laurel. A
site plan is included with additional information, including the proposed layout of the development
A development schedule indicating the approximate date when construction of the planned
unit or stages of the planned unit can be expected to begin and be completed. Construction is
expected to commence shortly after approval, during the spring/summer of 2021. Development will
proceed in an east-to-west fashion, with the farthest east portion being built first. A temporary
access is proposed in the northeast portion of the property for emergency purposes. As
development continues, access will be built through the west side of the property and the temporary
access abandoned. See the site plan for additional information.
STANDARDS AND REQUIREMENTS (LMC 17.32.050)
In cases of conflict between standards of any other provisions of this title and standards of
this chapter, the standards of this chapter shall apply. The provisions, standards, and
requirements of LMC Section 17.32. have been complied with during the development of this
application.
Existing Zoning in Area
221
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 4
Demonstrate that the PUD is consistent with the purposes and objectives of the city
comprehensive plan and any other officially adopted plan. This townhome PUD development
complies and is consistent with the provisions of the Laurel Growth Management Plan (adopted
November 2020). Chapter 7: Future Land Use, page 30, states that zoning should allow “a more
diverse array of housing types and density.” Chapter 7.5: Annexation, on page 32 goes a step
further in stating:
There are many areas directly adjacent to the east of the City that would be prime
candidates for annexation in addition to the previously mentioned westward expansion. The
parcels between Alder Avenue and Yard Office Road, especially those along East 8th
Street, should be considered and the lands adjacent to the Village Subdivision. These areas
are already closely linked to the City with roads and services, and their inclusion would fill
gaps in the Laurel City Map.
The area identified above corresponds with the area of this development. Annexation is proposed
as part of this townhome PUD development.
Chapter 8: Housing, page 38, lists as a goal to “encourage a mixture of housing types to meet the
demand of all market sectors” by maintaining “diverse array of housing and affordability levels”
and promoting “higher density housing types in the downtown area and adjacent to major
transportation corridors.” These goals will be furthered with the development of the Bitterroot
Grove Townhomes development.
The PUD's relationship to its surroundings shall be considered in order to avoid adverse
effects caused by traffic circulation building bulk, insufficient screening, noise, dust or other
common nuisances. Surrounding property consists of multi-family and single-family residential
development. The site is surrounded on three sides (south, east, and west) by Laurel City Limits.
Zoning to the west is RMH; zoning to the south and east is RLMF. Land to the north is not within
City limits and generally consists of large-lot residential development. Zoning to the north is R-
200. Existing roads will be improved as necessary, including curb, gutter, and sidewalks around the
development.
If a PUD is proposed to be constructed or developed in phases, it must be demonstrated that
each phase is independent of the other phases and contains sufficient parking, open space and
other facilities to provide for the needs of the projected population of that phase. The site will
be developed from the east to the west. Parking, open space, solid waste disposal, etc. will be
generally the same ratios across the development. A temporary access for emergency purposes will
be developed on the northeast side of the development to allow for ingress and egress until the
access on the west side of the site is developed, at which time the emergency access will be
abandoned. There will always be two points of access for this development. See the site plan for
more detail.
The minimum acreage for a PUD shall be five acres. The site of this development is 4.68 acres.
A variance request has been submitted to allow for the slight deviation from the requirement.
222
Darrell Dyer - Bitterroot Group, LLC
PO Box 908, Laurel, MT 59044
Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and
abandoned portion of Hazel Avenue between Blocks 6 and 7
4.68 acres
Residential and vacant land
60 Unit Planned Unit Development Townhome Project
R-200
Fir Ave (west side of site); Juniper Ave (east side);
undeveloped 7th St right-of-way (south side)
Undeveloped Alleys in Blocks 6 and 7, Nutting Bros. Subdivision
$278,784 for water for entire PUD development
Engineer Estimate
Summer 2021
$201,603 for sewer for entire PUD development
Engineer estimate
701-651-5572
60 Unit Planned Unit Development Townhome Project (Bitterroot Grove Townhomes)
223
Yes, 8th St. to the north, Fir Ave to the west, Juniper Ave to the east,
undeveloped 7th St to the South
8th St (north side), Fir Ave (west side), Juniper Ave (east side
Summer 2021
Privately Financed
$218,156 for road improvements for entire PUD Development
Engineer Estimate
Summer 2021
Sidewalk improvements at estimated cost of $31,000
224
DA-1
Return to:
Darrell Dyer
PO Box 908
Laurel, MT 59044
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this _____ day of __________, 20
, by and between BITTERROOT GROVE, LLC, PO BOX 908, LAUREL, MT
59044, hereinafter referred to as “DEVELOPER," and the CITY OF LAUREL,
MONTANA, a municipal corporation, c/o City Hall, 115 West 1st Street, Laurel, Montana,
59044, hereinafter referred to as the “CITY.”
WHEREAS, DEVELOPER is the owner of certain real property situated in
Yellowstone County, Montana, more particularly described as follows:
Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and
abandoned portion of Hazel Avenue between Blocks 6 and 7; according to the
official plat on file and of record in the office of the Clerk and Recorder of said
County, hereinafter referred to as “Developer Tracts” as well as all adjacent public
right-of-way.
WHEREAS, DEVELOPER has submitted to the City a Petition for Annexation to
the City for Developer Tracts; and
WHEREAS, DEVELOPER desires to annex Developer Tracts to the City; and
WHEREAS, CITY has approved the Petition for Annexation by Resolution No.
for the Developer Tracts contingent that a Development Agreement
be executed between CITY and DEVELOPER to identify required off-site infrastructure
improvements and guarantees of those improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
225
DA-2
1. Roads and Access. The Developer Tracts shall be accessible by private drives
from Juniper Ave. and Fir Ave. Access will be controlled with gates. Local
EMS, fire, and law enforcement shall have the necessary codes for access.
2. Sanitary Sewer. Developer Tracts shall be served by City of Laurel sewer
lines located within the undeveloped alleys in Blocks 6 and 7 of Nutting Bros.
Subdivision and shall comply with DEQ and City standards and
requirements.
3. Water. Developer Tracts shall be served by City of Laurel water lines located
within the Fir Ave. and Juniper Ave. rights-of-way, and the right-of-way of
the undeveloped E. 7th St., and shall comply with DEQ and City standards
and requirements.
4. Storm Drain. Developer Tract shall be served by onsite retention ponds of
sufficient volume, pursuant to DEQ and City standards and requirements.
5. Right-of-Way. DEVELOPER shall improve the east side of Fir Ave and the
west side of Juniper Ave adjacent to the site to the roadway centerlines.
Improvements shall include curb, gutter, and sidewalk. DEVELOPER shall
also improve the south side of East 8th Street with curb, gutter, and sidewalk
adjacent to the site. All improvements shall meet City of Laurel and ADA
requirements.
6. Zoning. Developer Tracts are part of a Planned Unit Development reviewed
and approved pursuant to the Zoning Ordinance of the Laurel Municipal
Code.
7. Other Public Improvements. For any other improvements not specifically
listed in this Agreement, the CITY shall rely on the attached Waiver of Right
to Protest the Creation of Special Improvement Districts filed concurrently
herewith, to ensure the installation of any or all remaining public
improvements. Said improvements shall include, but not be limited to, street
construction and paving, curb, gutter, sidewalks, storm drainage, and street
lighting. The attached Waiver, waiving the right to protest the creation of one
or more Special Improvement Districts, by this reference is expressly
incorporated herein and part hereof.
8. Compliance. Nothing herein shall be deemed to exempt the Developer Tracts
from compliance with any current or future City laws, rules, regulations, or
policies that are applicable to the development, redevelopment, or use of the
subject property.
226
DA-3
9. Property Maintenance/Conditions. DEVELOPER shall remove any debris,
trash, personal property, or other items deemed to be refuse. If not complete
within 90 days of filing of this Agreement, the City shall be entitled to
enforce all City ordinances and codes for the removal of the aforementioned
items. The City shall be able to assess the Developer Tracts in order to
enforce all applicable City codes and ordinances.
10. Runs with Land. The covenants, agreements, and all statements in this
Agreement and in the incorporated and attached Waiver shall run with the
land and shall be binding on the heirs, personal representatives, successors,
and assigns of the respective parties.
11. Attorney’s Fees. In the event it becomes necessary for either party to this
Agreement to retain an attorney to enforce any of the terms or conditions of
this Agreement or to give any notice required herein, then the prevailing party
or the party giving notice shall be entitled to reasonable attorney fees and
costs, including those fees and costs of in-house counsel.
12. Amendments and Modifications. Any amendments or modifications of this
Agreement shall be made in writing and executed in the same manner as this
original document and shall after execution become a part of this Agreement.
227
DA-4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
“DEVELOPER” BITTERROOT GROVE, LLC
By:
Title: _______________________________
STATE OF MONTANA )
:ss
County of Yellowstone )
On this ____ day of , 20___, before me, a Notary Public in
and for the State of Montana, personally appeared _______________________, known to
me to be the person who signed the foregoing instrument as_____________________ of
BITTERROOT GROVE, LLC, and who acknowledged to me that said DEVELOPER
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year hereinabove written.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
228
DA-5
This Agreement is hereby approved and accepted by City of Laurel, this ___ day of
, 20___.
“CITY” CITY OF LAUREL, MONTANA
By:
Mayor
Attest:
City Clerk
STATE OF MONTANA )
:ss
County of Yellowstone )
On this _____ day of , 20___, before me, a Notary Public for
the State of Montana, personally appeared __________________________________, and
, known to me to be the Mayor and City Clerk,
respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing
instrument in such capacity and acknowledged to me that they executed the same on behalf
of the City of Laurel, Montana.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
Approved as to Form:
City Attorney
229
WAIVER-1
Upon Recording Please Return to:
City of Laurel
P.O. Box 10
Laurel, Montana 59044
Waiver of Right to Protest
FOR VALUABLE CONSIDERATION, the undersigned, being the owner and/or
subdivider, in addition to all future owners of the hereinafter described real property, do
hereby waive the right to protest the formation of one or more special improvement
district(s) for the construction of streets, street widening, street maintenance, sidewalks,
curb and gutter, sanitary sewer lines, water lines, storm water and drains (either within or
outside the area), street lights, street light maintenance, parks and park maintenance, and
other improvements incident to the above which the City of Laurel may require.
This Waiver and Agreement is independent from all other agreements and is supported
with sufficient independent consideration to which the undersigned are parties, and shall
run with the land and shall be binding upon the undersigned, their successors and assigns,
and the same shall be recorded in the office of the County Clerk and Recorder of
Yellowstone County, Montana. Pursuant to MCA §76-3-608(7), this Waiver and
Agreement shall expire 20 years after the final subdivision plat is recorded with the
Yellowstone County Clerk and Recorder.
The real property hereinabove mentioned is more particularly described as follows:
NUTTING BROS. SUBDIVISION, BLOCK 6, LOTS 1-12, AND BLOCK 7, LOTS 1-12,
AND ABANDONED POTION OF HAZEL AVENUE BETWEEN BLOCKS 6 AND 7
Signed and dated this _____ day of ________________, 20__.
Subdivider/Owner
230
WAIVER-2
By: __________________________________
Its: __________________________________
STATE OF MONTANA )
: ss
County of Yellowstone )
On this ____ day of _________________, 20__, before me, a Notary Public in and for
the State of Montana, personally appeared ____________________________, known to
me to be the _____________________ of BITTERROOT GROVE, LLC, the person who
executed the forgoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the
day and year hereinabove written.
________________________________________
Notary Public in and for the State of Montana
Printed name:___________________________
Residing in ___________________, Montana
My commission expires:___________________
231
INSTRUCTIONS
CITY-COUNTY PLANNING VARIANCE REQUEST
These application instructions cover appeals from decisions of the Planning Department (and
sometimes other officials) and for requests for variances concerning setbacks, structures,
heights, lot coverage, etc.
This application form is supplied by the City and must be returned to the City.
The following is a list of information required for submittal to be considered complete.
1. It is mandatory that you meet with the City Planner prior to applying. The City Planner
will provide you with a map of the property owners within 300’ that you must have
certified by a title company.
2. Provide a plot plan drawn to scale on paper not larger than 11”x17” which includes all
existing and proposed structures and proposed variance measurements.
3. A set of three mailing labels for each surrounding property owner within the 300 feet.
4. A detailed justification referring to the Laurel Municipal Code Chapter 17.60.020.
5. Application, with fee ($550 for residential; $1,100 for commercial), must be made on or
before the first day of the month prior to the month it will appear before the Laurel
City-County Planning Board.
The public hearing before the City-County Planning Board is held on the 3rd Wednesday of the
month at 5:35PM. in the City Council Chambers at 115 W. 1st Street, Laurel. Applicant or
Applicant Representative must be present at the meeting.
The Laurel City-County Planning Board makes a recommendation to the City Council. The City
Council will review the application at Council Workshop and then make a decision on the
Council agenda.
232
Laurel Variance Request Application
This application covers appeals from decisions of the Planning Department (and sometimes
other officials) and for requests for variances concerning setbacks, structures, heights, lot
coverage, etc.
The undersigned owner or agent of the owner of the following described property requests a
variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of
Montana.
1. Name of property owner:___________________________________________________
2. Name of Applicant if different from above:_____________________________________
3. Phone number of Applicant:_________________________________________________
4. Street address and general location:__________________________________________
5. Legal description of the property:_____________________________________________
6. Current Zoning:_______________________
7. Provide a copy of covenants or deed restrictions on property.
I understand that the filing fee accompanying this application is not refundable, that it pays
part of the cost of process, and that the fee does not constitute a payment for a variance. I
also understand I or my agent must appear at the hearing of this request before the Planning
Board and all of the information presented by me is true and correct to the best of my
knowledge.
Signature of Applicant: __________________________________________________________
Date of Submittal: _____________________________
Bitterroot Group, LLC (Darrell Dyer)
Darrell Dyer
South of 8th St, between Fir Ave and Juniper Ave.
Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and
abandoned portion of Hazel Avenue between Blocks 6 and 7
R-200. Annexation and PUD requested as well
233
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 1
VARIANCE REQUEST AND JUSTIFICATION
BITTERROOT GROVE TOWNHOMES
PLANNED UNIT DEVELOPMENT
DARRELL DYER
NUTTING BROS. SUBDIVISION
BLOCKS 6 & 7, PLUS ABANDONED PORTION OF HAZEL AVE.
LAUREL, MONTANA
MARCH 2021
234
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 2
Summary
The Bitterroot Group, LLC (Darrel Dyer), intends to create a 60-unit townhome development
(Bitterroot Grove Townhomes) in Laurel, MT, on the south side of Eighth Street, between Fir
Avenue and Juniper Ave. The development will utilize the Planned Unit Development (PUD)
process, as outlined in the Laurel Municipal Code (LMC), Section 17.32.
The property is currently outside of Laurel city limits, and annexation has been requested. The
property was split by an undeveloped portion of Hazel Ave, but abandonment has been
conditionally approved by Yellowstone County. As a condition of approval for the Hazel Ave.
abandonment, the landowner will resurvey the property to aggregate the property, as shown on the
site plan.
Aerial of Site
Variance Request
Section 17.32.050(E) of the LMC requires PUDs have a minimum size of five acres. This request is
to allow a variance to that requirement, allowing this 4.68-acre site to be reviewed as a PUD. The
project area consists of two entire city blocks, plenty of area for a development of this type. The
abandonment of Hazel Ave., as previously discussed, provides some more area, but to meet the five
acre requirement, the alleys in Blocks 6 and 7 would have to be abandoned, as well as a portion of
Seventh Street. There are existing utilities in these alleys and street rights of way, as well as a ditch
235
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 3
easement in the street right of way. It is the desire of the landowner to keep these utility lines intact
and operational, not only for existing users but for this development as well. It is understood that
the City also prefers to not abandon the alleys or 7th St.
Justification for Granting of the Variance
The granting of this variance is necessary to allow this townhome PUD development to move
forward under the criteria set forth in the LMC. Allowing this development to be approximately 1/3
of an acre smaller than the required PUD size is an insignificant reduction and allows this land to
be developed in a desirable manner.
The granting of this variance is special and peculiar to this property and this application. The
landowner owns nearly enough property to meet the required size, and additional land acquisition
would be undesirable due to the presence of City-owned utilities and streets.
The basis for this variance request is not related to financial gain or loss of the landowner. This
request simply allows for the PUD review process to be utilized for this development.
The hardship was not created by the applicant. In fact, the landowner has taken steps, such as the
abandonment of Hazel Ave., to come as close as possible to meeting the size requirement.
This granting of this variance would be within the intent and purpose of the LMC, and would allow
for an attractive development of the site.
The granting of this variance will not adversely impact or injure others. It is limited to this
property, which is completely surrounded by City streets and rights of way. Existing utilities and
infrastructure will be utilized and expanded as a result of this development.
236
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1'' W1'' W1'' W LANDSCAPED LEGENDCHERRY TREELANDSCAPED GRASS
P.O. BOX 194
PHONE 322-1116 /FAX 322-8514
COLUMBUS, MT 59019
WWW.ENGINEERING-WEST.COM
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BITTERROOT GROVE TOWNHOMES
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PLANNED UNIT DEVELOPMENT
LANDSCAPE PLAN
DRAWN BY:
DATE:
SCALE:CHECKED BY:
CITY OF LAUREL, MONTANA
TOWNSHIP:RANGE:SECTION:
REVISION:REV. DATE:
TW --1" = 30'
5/17/21 --/--/----
2S 24E 10
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RETENTION POND NO. 4VOLUME = 2,952 CF RETENTION POND NO. 3VOLUME = 1,384 CF
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P.O. BOX 194
PHONE 322-1116 /FAX 322-8514
COLUMBUS, MT 59019
WWW.ENGINEERING-WEST.COM
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BITTERROOT GROVE TOWNHOMES
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PLANNED UNIT DEVELOPMENT
DRAWN BY:
DATE:
SCALE:CHECKED BY:
CITY OF LAUREL, MONTANA
TOWNSHIP:RANGE:SECTION:
REVISION:REV. DATE:
TW --1" = 30'
5/17/21 --/--/----
2S 24E 10
OPEN SPACE (37% OF A
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Return To:
Darrell Dyer
112 3rd Ave
Laurel, MT 59044
BYLAWS OF BITTERROOT GROVE TOWNHOMES ASSOCIATION
A 55 AND OLDER COMMUNITY
1.APPLICABILITY QE BYLAWS.
The provisions of these Bylaws are applicable to The BITTERROOT GROVE which has
been submitted to the provisions of the Montana Unit Ownership Act pursuant to the Declaration
of Unit Ownership for said TOWNHOMES.BITTERROOT GROVE is located upon the
following described real property located in Billings,Yellowstone County,
Montana:
[NEW PLAT WITH NEW LEGAL TO BE RECORDED AND THAT LEGAL INSERTED
HERE LAUREL MONTANA NUTTING BROS SUBDIVISION ]
All present or future owners,tenants,or any other person who might use the facilities of the
above-described property in any manner,are subject to the provisions of these Bylaws.The
acquisition,rental,or occupancy of any of the units will signify that these Bylaws are accepted,
ratified, and will be complied with.
2.MEMBERSHIP.MEETINGS AND VOTING.
(a)Membership.Each unit owner shall be a member of BITTERROOT GROVE
HOME OWNERSHIP ASSOCIATION (HOA),hereinafter called “the Association”.However,if
the ownership of any unit is vested in more than one person,and while each such owner shall be
a member,the co-owners or joint owners of the unit shall be deemed to be one member for the
purpose of voting and the determination of any required quorum.Developer shall be deemed the
owner of each unit not yet sold, and shall have one vote for each such unit.
(b)Ownership.Ownership shall be determined according to the records of the Clerk
and Recorder of Yellowstone County,Montana,except that a personal representative,
conservator,or trustee shall be deemed to be the owner of any unit owned or held by him or her
in such capacity,whether or not the same shall have been transferred to his or her name by a duly
recorded conveyance.Owners shall also include those purchasing units under purchase contracts
and who have an equitable interest in the unit as disclosed by the public record in the office of
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the Yellowstone County Clerk and Recorder,and in such an event,the equitable owner shall be
considered as the only owner of such unit.Tenants shall be deemed to be owners only if the
record owner has complied with the provisions of Section 70-23-102(16), MCA.
(c)Voting.The owners of each unit shall be entitled to one vote per unit and the vote for
any unit owned by more than one person shall be exercised as such co-owners may among
themselves determine.Whenever a unit is owned by two or more persons,any one of such
owners may vote in the absence of protest by the other or others.Votes may be cast in person or
by proxy.
(d)Proxies.Proxies may be made by any person entitled to vote.They shall be valid only
for the particular meeting designated and must be filed with the Secretary on or before the
appointed time of the meeting.
(e)Annual and Special Meetings.The annual meeting of the Association shall be held on
the first ___________of _______________of every year at _________p.m.Additional regular and special meetings of the
Association may be held at such times and places as shall be agreed upon by the unit owners.
Notice of all meetings shall be given to each member personally or by mail,telephone,e-mail,or
facsimile at least 10 days prior to the day named for such meeting.The presence,in person or by
proxy,of owners of a majority of the units at such meetings of the Association shall be required
for the transaction of any business by the Association.
The agenda for the annual meeting shall include the following:
(1)Determination of quorum;
(2)Approval of minutes of last annual meeting;
(3)Presentation of financial report for past year and budget for coming year;
(4)Report Board opinion of adequacy of limits on insurance coverage;
(5)Election of Directors;
(6)Appointment of Arbitrator, as provided below;
(7)Old business, if any; and
(8)New business.
Meetings shall be conducted in accordance with Roberts Rules of Order.
(f)Arbitrator.At each annual meeting,the owners shall mutually agree upon and appoint
one person who is not a member to serve as Arbitrator for the Board and members for the
coming year.In the event of a dispute or disagreement between the directors and members or
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between two or more members which cannot otherwise be resolved without a lawsuit,except
non-payment of assessments,or other monies owed the Association the issue shall be presented
to the Arbitrator and the decision of the Arbitrator shall be binding upon the Association,its
members,and its Board of Directors.The Arbitrator shall be paid a reasonable amount for the
arbitration services.If an Arbitrator is not selected by the members,one or more Arbitrators shall
be appointed in the manner provided by the Montana Uniform Arbitration Act,or any successor
to that Act.Claims of non-payment of assessments or other monies owed the Association and
foreclosure of a lien for unpaid assessments or monies owed the Association are ~subject to
binding arbitration.
(g)Manner of Obtaining Approval of Unit Owners.Approval of all decisions and
resolutions of the Association which require the approval of unit owners may be obtained by
vote at an annual or special meeting,or by written ballot or petition,circulated among the
owners.
3.BOARD OF DIRECTORS .
(a)Number of Directors. The affairs of the Association shall be governed by a Board of
Directors composed of three owners. Directors shall be elected by the members, provided,
however, that ______________________________________shall serve as one of the three
elected Directors until all units are sold by the Developer. After sale of all units, the number of
Directors may be increased upon affirmative vote of 75% of the members entitled to vote.
(b)Term of Office. Two Directors shall be elected at the first annual meeting of the
Association for a one year term. ______________________,shall serve as the remaining
Director for a two year term of office. Thereafter,the term of office of each Director shall be for
two years, subject to the requirement that ____________________________must be one of
these three Directors until sale of all units.
(c)Nomination ~Election.Except as otherwise provided above,candidates for vacant
Director positions shall be nominated from the floor at each annual meeting.Each unit owner
shall be entitled to one vote for each vacancy in the Board of Directors;cumulative voting shall
be permitted.If votes are cast by the owners of a majority of the units,the candidate(s)receiving
the greatest number of votes shall serve for the term.If a quorum cannot be obtained for an
annual meeting,the existing Directors shall continue to serve until the next annual or special
meeting is held and new Directors are elected,or as an alternative,the existing Directors may
contact members to determine who is willing to serve as a Director,and deliver a written ballot
to all owners for voting.The ballot shall include the names of all owners willing to serve for the
term(s) to be filled.
(d)Compensation No compensation shall be paid to Directors for their service as
Directors unless salaries for Directors are approved by vote of one owner of each unit.However,
Directors shall be reimbursed for actual expenses incurred in the performance of their duties.
(e)Meetings.Regular and special meetings of the Board of Directors may be held at such
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times and places as shall be determined by the Directors.Notice of such meetings shall be given
by the Secretary to each Director and to the Treasurer and President of the Association,
personally or by mail,telephone,facsimile,or e-mail at least three days prior to the day named
for such meeting.If notice is given by email,the Association shall maintain a record of all emails
sent.A majority of the Directors shall be needed for a quorum and any action by the Board shall
require approval of a majority of the Directors present at the meeting.Directors may have
telephone meetings so long as all Directors are present or are given the opportunity to be present,
and so long as each Director is able to speak to and be heard by the others.Unless otherwise
agreed by all Directors,meetings of Directors shall be conducted in accordance with Roberts
Rules of Order.In any event,all Directors shall be given an opportunity to briefly speak without
repeated interruptions,and formal votes shall be taken and recorded.Information concerning
major actions by the Board shall be promptly disseminated to all members of the Association in a
manner to be determined by the Board.Owners may attend Board meetings,but their
participation in the meetings may be limited to the extent determined by the Directors present at
the meeting.
(f)Powers and Duties.The Board of Directors shall have the powers and duties
necessary for the administration of the affairs of the Association and may do all acts and things
as are not by law,the Declaration,or these Bylaws directed to be exercised by the members.In
addition, the Board of Directors shall have the following powers and duties:
(1)To enforce the provisions of the Declaration of Unit Ownership and these Bylaws
by appropriate action.
(2)To determine the amount of assessments payable by the unit owners for common
expenses and to allocate and assess said expenses among unit owners in
proportion to their respective interests in the common elements.Assessments
shall include reasonable reserve funds.The Board shall have the authority to
invest reserve funds in any manner not inconsistent with the needs of the
Association.
(3)In its discretion,to impose special assessments for approved capital expenses and
for emergencies as they are incurred.
(4)To send written notice of any change in the regular assessments and written notice
of any special assessment to each owner at least 30 days before its due date.
(5)To record and foreclose a lien against any unit for unpaid assessments or other
monies owed the Association by an owner or to bring an action at law against the
owner personally obligated to pay the same.
(6)To adopt a schedule of late payment fees,with consent of 75%of the members
entitled to vote.
(7)To issue,or to cause an appropriate officer to issue,upon demand by any person,
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a certificate setting forth whether or not any assessment has been paid.A
reasonable charge may be made by the Board for the issuance of these
certificates.If a certificate states an assessment has been paid,such certificate
shall be conclusive evidence of such payment.
(8)With consent of a majority of the unit owners,to adopt a schedule of fines for
violation of the Declaration,these Bylaws,or the duly adopted rules and
regulations of the Association.
(9)To cause all officers or employees having fiscal responsibilities to be bonded,as it
may deem appropriate.
(10)To procure and maintain insurance required or authorized to be purchased by the
Association.
(11)To pay all debts of the Association.
(12)To grant and accept easements,permits,and licenses on behalf of all unit owners,
as necessary for the proper operation of the project.
(13)To contract for repairs,maintenance,alterations,additions,and improvements
which are the obligation of the Association.
(14)Upon written request from any person,agency or corporation having an interest
or prospective interest in a unit,to prepare and furnish within a reasonable time
an audited financial statement of the Association for the immediately preceding
tax year,at the requesting party’s expense.The Board shall require that audit
expenses be paid in advance of beginning the audit.
(15)To review and approve or disapprove all requests from unit owners for consent to
modify,alter,or add to any limited or general common element,and to remove or
replace any unapproved modifications or additions at the expense of the offending
unit owner.
(16)To file annual corporate reports with the Montana Secretary of State and to pay
the required fee.
(17)To prepare income tax returns for the Association,if required by state or federal
law, and to pay all taxes owed.
(18)To provide any notices required by these Bylaws or the Declaration of Unit
Ownership for the Association.
(19)In its discretion,to delegate any of the above-mentioned powers and duties to one
or more officers or employees of the Association or to an independent contractor
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or agent.
(20)To engage the services of a paid manager,managing agent or caretaker.If the
Board hires a professional management agent,the contract with that agent must
permit termination of the contract by either party,without penalty,after 90 day
advance notice of termination is given.
(21)To supervise all officers,agents,and employees of the Association to ensure that
they properly perform their duties.
(g)Directors as Agent and Attorney-in-Fact for Unit Owners.The Board of
Directors is hereby irrevocably appointed as agent and attorney-in-fact for the unit owners of all
of the units and for each of them to manage, control,and deal with the interests of such unit
owners in the common elements, including the exterior of the building as necessary to permit the
Board of Directors to fulfill all of its powers, rights,functions, and duties.
The Board of Directors is hereby irrevocably appointed as agent and attorney-in-fact for
each unit owner, each mortgagee, other named insureds,and their beneficiaries, and any other
holder of a lien or other interest in the BITTERROOT GROVE TOWNHOMES property in
order to:
(1)Adjust and settle all claims arising under insurance policies purchased by the
Board of Directors;
(2)Execute and deliver releases upon the payment of claims; and
(3)Act on their behalf in any condemnation proceeding or act of eminent domain.
The mortgagee and guarantor of the mortgage on any unit shall have the right to timely
written notice of any condemnation or casualty loss that affects a material portion of the project
or the unit securing its mortgage.
(h)Resignation and Removal of Directors.Any Director,except
____________________________, may be removed from office by the majority vote of the unit
owners. In the event of resignation or removal of a Director, the vacancy shall be filled at a
special meeting of the unit owners or by written ballot circulated among the owners in the
manner provided for the election of Directors, with the person so elected serving the balance of
the unexpired term.
4.OFFICERS.
(a)Board Elects Officers. The Board of Directors shall annually elect a President, a
Secretary, and a Treasurer. The Board in its discretion may also elect a Vice-President. No two
offices may be held by the same person except the offices of Secretary and Treasurer. The
officers of the Association shall hold office at the pleasure of the Board and may be removed by
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the Board, with or without cause. In the event of a vacancy, the Board shall elect a successor at
any regular meeting or at any special meeting called for such purpose.
________________________________ shall serve as interim President and Secretary
respectively until the first annual meeting of the Association.
(b)Qualifications of Officers.Directors may also serve as officers but are not required to
do so.Officers may be Directors,other members of the Association,or persons who are not
members, yet must be or represent a property owner within the project.
(c)Duties.The President shall preside at all meetings of the Association and of the Board
of Directors,shall supervise the affairs of the Association and its officers,shall have all of the
powers and duties usually vested in the office of President and shall also perform such other
duties as from time to time may be imposed by the Board of Directors.
(i)The Vice-President,if any,shall act in the place of the President,and shall
have such other duties as may be assigned by the Board of Directors.
(ii) The Secretary shall keep all books and records of the Association and
the Board of Directors and record all minutes of meetings of both,shall keep a record of all
members of the Association, and shall serve all required notices.
(iii)The Treasurer shall have responsibility for Association funds and securities
and shall be responsible for keeping full and accurate itemized accounts of all receipts and
disbursements in books belonging to the Association,in chronological order.The Treasurer shall
be responsible for the deposit of all monies and other valuable effects in the name,and to the
credit,of the Association in such depositories as may from time to time be designated by the
Board of Directors.All checks over $500.00 must be signed by two officers.Officers signing
checks must be members of the Association.If the Association hires a manager,some of the
duties may be delegated to the manager.However,the manager shall not have the right to sign
checks.
(d)Compensation.Any officer may be compensated,in a reasonable amount,as
determined by the Board of Directors.
5.LIABILITY OF OFFICERS AND DIRECTORS.
The Officers and Directors of the Association shall not be liable to the Association or any
unit owner for any mistake of judgment,negligent or otherwise,except for their own individual
willful misconduct or bad faith.Except to the extent that such damages and expenses are
satisfied by Officer’s and Director ’s liability insurance,the Association shall indemnify any
person who was or is a party or is threatened to be made a party to any threatened,pending or
completed action,suit or proceeding by reason of the fact that the person is or was an officer or
director of the Association against damages and expenses,including attorney fees,judgments,
fines and amounts paid in settlement incurred by the person in connection with such action,suit
or proceeding,if the officer or director acted in good faith and in a manner the officer or director
reasonably believed to be in,or not opposed to,the best interest of the Association.If not
satisfied by insurance proceeds, such damages and expenses shall be a common expense.
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6.INSPECTION QE RECORDS.
The books,records,and papers of the Association and a copy of the current Declaration
of Unit Ownership,Bylaws,Articles of Incorporation,and rules and regulations,if any,for
BITTERROOT GROVE TOWNHOMES,shall be open for inspection by any unit owner and by
holders,insurers,and guarantors of first mortgages on units at any reasonable time,after
reasonable notice to the Secretary.
7.EMERGENCY ACCESS.
Directors and their manager,if any,shall have the right to enter any unit in case of an
emergency originating in or threatening such unit whether or not the owner or occupant is
present at the time.
8.INSURANCE.
(a)Except as otherwise provided in subsection (k)below,the Board of Directors shall
insure all common element improvements,including every part of the building and all fixtures
attached or affixed to any part of the building by screws,nails,glue,cement or other building
material,against loss or damage by fire and other casualty in an amount representing the full
insurable value thereof,less a deductible in an amount to be determined by the Board.Such
insurance shall be “all-in”coverage.Works of art or purely decorative items normally not
considered to be part of the real estate when A TOWNHOME unit is sold are not fixtures,even
though temporarily attached to a wall with nails or screws.
(b)The Board of Directors shall purchase public liability and property damage insurance,
insuring the Association and the unit owners for liability for personal injuries to,or the death of,
any person,or damage to property resulting from the ownership,use,or occupancy of the
common areas,with policy limits to be determined by the Board,but no less than $1,000,000.00
per occurrence and $2,000,000.00 per aggregate.
(c)The Board of Directors shall purchase fidelity insurance coverage for all persons
handling Association monies,naming the Association as insured,in an amount equal to the
maximum funds held by the Association.If the Board employs a management agent,the agent
must have its own fidelity insurance policy providing the same coverage required above.
(d)The Board shall purchase Officer ’s and Director ’s liability insurance covering each
member of the Board and each officer of the Association;the amount of coverage shall be
determined by the Board.
(e)The cost of all insurance purchased by the Association shall be a part of the common
expense.
(f)All insurance policies shall be issued by an “A”rated or better company approved by
FNMA;Directors shall seek to obtain the best insurance value,considering the coverage,the
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price,the financial stability of the insurer,and the history of the insurer in promptly and properly
handling claims.
(g)In the event of a loss exceeding one thousand dollars ($1,000.00),all Association
insurance proceeds shall be paid to the Board of Directors as trustee for disbursement.
(h)Each policy shall contain a standard mortgagee clause in favor of each mortgagee or
trust indenture beneficiary,or contract of sale endorsements in favor of the contract sellers of any
units and shall require the insurer to notify the Association,each unit owner,and each first
mortgage holder,in writing,of any lapse,cancellation or substantial change to the policy at least
ten days prior to the date on which such cancellation or change takes effect.Duplicate originals
of all new insurance policies and of all policy renewals,together with proof of payment of
premiums,shall be delivered to all mortgagees and contract sellers of units at least ten days prior
to expiration of the current policies.THIS IS A 55 AND OLDER COMMUNITY THE
ASSOCIATION MUST APPROVE ALL SALES TO ENSURE THE AGE RESTRICTIONS
ARE MAINTAINED AND RENTAL RATIO OF RENTAL UNITS DOES NOT EXCEED 20%
OF ALL UNITS IN THE PROJECT.
(i)The Board of Directors shall annually review the adequacy of limits of coverage of
insurance policies,shall obtain an appraisal from an insurance company or other knowledgeable
person or business of the full replacement value of the covered improvements,without deduction
of depreciation,for the purpose of determining the amount of property insurance required under
this section,and report its findings and opinion regarding insurance to the membership of the
Association at its annual meeting
(J)Insurance policies shall contain waivers of subrogation and waivers of any defense
based on co-insurance or of invalidity arising from any acts of the insured.
(k)Unit owners shall not be prohibited from carrying other insurance for their own
benefit provided that all policies shall contain waivers of subrogation and provided that the
liability of the carriers issuing insurance obtained by the Board of Directors shall not be affected
or diminished by reason of any such additional insurance carried by any unit owner.Insurance
purchased by the Association shall not cover personal items,such as furniture or clothing inside
the units.Owners must insure their personal property and obtain liability insurance to cover
injury or damage occurring within their unit if they wish such insurance coverage.If any major
improvements are made to the interior of a unit after initial purchase of the unit,those
improvements (betterments)must be insured for fire or other casualty on the owner ’s personal
insurance policy if the owner wishes to have insurance.Insurance on such betterments will not
be purchased by the Association.Replacement of worn fixtures or equipment with similar new
ones shall not be deemed a betterment.
(1)Insurance payments for a fire or other property loss insured by the Association shall
be applied by the trustee to repair or replacement of the damaged property.In the event of loss to
one or more but not all units,any amount needed to repair or replace the unit,in excess of
insurance payments,shall be paid by the owner of that unit.If insurance proceeds exceed the
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replacement cost of the units, excess proceeds shall be credited to the accounts of all unit owners.
(m)The Association shall pay,as a common expense,the deductible amount for any
property loss insured by the Association if the damage is only to the common elements.In all
other cases,owners of the damaged units shall pay the deductible in proportion to the amount of
the loss to each damaged unit reported on the insurance claim.
9.PROPERTY LOSS.
Property damaged by fire or other casualty must be repaired or rebuilt unless there is a
total loss of all units,all unit owners agree not to rebuild,and there is agreement not to rebuild
by mortgagees that represent at least 51%of the votes of the units that are subject to mortgages.
Insurance payments for a property loss insured by the Association shall be applied by the Board,
or its designated trustee,to repair or replacement of the damaged property except in the event of
a total loss of all units and a decision not to rebuild.Units which are repaired or replaced after
casualty shall conform in style,quality,and appearance to the unit as it existed prior to the
casualty.
10.ASSESSMENTS FOR COMMON EXPENSES.
(a)When Assessments Begin.The owner of each completed unit shall be obligated to
pay monthly and special assessments for common expenses beginning on the 1st day of the
month following sale of the first unit by Developer.
(b)Amount.Prior to the annual meeting,the Board of Directors shall prepare an
Association budget for the coming year.A copy of that budget,together with a statement of the
amount of each monthly assessment for the coming year,shall be delivered to each unit owner at
least one week before the annual meeting.Each monthly assessment shall equal the total
estimated common expenses for the coming year,plus a reasonable reserve allowance for
replacement of improvements,divided by twelve,multiplied by the percent of undivided interest
in the common elements for the assessed unit.Assessments shall be due and payable on the first
day of each month.If an annual budget is not prepared as required,the monthly assessment due
shall be equal to the amount of the monthly assessment for the previous year until changed by
the Board of Directors.The regular monthly assessments may be changed by the Board at any
time it determines that the change is necessary or advisable.Written notice of the amount of any
changed monthly assessment shall be given to each unit owner at least 30 days in advance of the
first payment due date for the assessment.Except for changes in the amount of the monthly
assessments,no bills or other notices that monthly assessments are due need be given by the
Association.Assessments must be based upon and computed by using the percentile interest that
each unit owner has in the common elements.
(c)Special Assessments.Special assessments may be made by the Board of Directors for
capital improvements only upon an affirmative vote of ALL of the members entitled to vote.The
Board may impose special assessments for unanticipated emergency expenses without a vote of
the members.
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(d)Interest and Late Fees.Assessments paid more than 10 days after the date when due
shall bear interest at the rate of ten percent (10.0%)per annum from the date when due until
paid;in addition,late paying owners shall be obligated to pay a late fee if a schedule of late
payment fees has been adopted by the Board of Directors.All payments upon assessments shall
be applied first to late fees,then to interest,and then to the earliest assessment due.In the event
that individual units are supplied by association controlled water supply said supply may be
shut-off pending payment of any late HOA dues or fees.
(e)Record Keeping.All assessments collected by the Association may be commingled in
a single fund from which shall be paid the expenses for which the assessments are made.
Separate records of payments received shall be kept for each unit.
(f)No Exemption from Payment.No unit owner is exempt from payment of any
common expense by waiver of the use or enjoyment of those items paid for or by abandonment
of the unit.
(g)Account Balance Transfers with Unit.No unit owner shall be entitled to receive the
balance in that owner ’s assessment account upon sale of the owner ’s unit.The account balance
shall pass with sale of the unit to the credit of the new unit owner.This provision shall not be
deemed to prohibit a selling owner from collecting the balance of that owner ’s assessment
account from a purchaser.
(h)Remedies for Failure to Pay.The remedies for failure to pay assessments are set forth
in the Declaration of Unit Ownership.
10.MAINTENANCE OF UNITS AND COMMON ELEMENTS.
(a)Unit Owner Responsibilities.Every unit owner shall be responsible for all
maintenance of and repairs to the owner ’s unit,for replacement of broken glass in the unit.Each
owner shall be responsible for all damages to the other units adjoining caused or to the common
elements resulting from failure to effect such maintenance and repair.Each unit owner shall be
responsible for paying all taxes and assessments on his or her unit and for payment for all
utilities provided to the unit,unless exempted specifically by the Association,or included in
HOA dues.All utility lines and pipes,fixtures,and equipment serving only one unit shall be
maintained, replaced, and kept in good repair by the unit owner.
All maintenance and repairs for which an owner is responsible shall be paid for by the
owner.In the event an owner or tenant fails or refuses to provide adequate maintenance or
repairs,the Association may,after ten day advance written notice to the owner,enter into the
owner ’s unit and make the needed repairs or do the maintenance,and charge the actual cost of
such repairs or maintenance to the unit owner.Any such costs shall be a lien on the unit on which
repairs were made or maintenance was done,and if unpaid,may be foreclosed in the same
manner as a lien for common expenses.
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Each owner shall use a reasonably high standard of care in maintaining their individual
unit so that BITTERROOT GROVE will reflect a high pride of ownership.The Board of
Directors of BITTERROOT GROVE Association shall be the final authority in determining
whether an owner is providing adequate maintenance,subject to the city of laurel municipal
code.
(b)Association Responsibilities.Except as otherwise provided above,the Association
shall be responsible for any maintenance,repair,and replacement of common elements.The
Association shall pay landscaping care,for snow removal from the streets and sidewalks,and
for paving and striping as needed.The Association may employ personnel necessary for all
required maintenance,upkeep,and repair.The Association shall use a reasonably high standard
of care in providing such maintenance,management,and repair so that BITTERROOT GROVE
will reflect a high pride of ownership.
11.RESTRICTIONS OF USE.
The following restrictions apply to use of all units and common areas:
(a)Types of Uses Allowed.The property shall be used only for residential purposes
except that an owner may use a portion of their unit for an office so long as the activities therein
shall not interfere with the quiet enjoyment or comfort of any other owner or occupant and
provided the use complies with the applicable zoning ordinances of the City of Laurel.In
addition,Developer shall have the right to maintain a sales office in the project until all units are
sold.
(b)Pets.A maximum of one dog (weight limited to 45 pounds)and one cat shall be
permitted in each unit only if kept under the owner ’s control at all times.No pets shall be
allowed to run loose in the common areas.Owners shall be responsible for promptly cleaning up
after their pets and for payment for any damage caused by their pets.Owners shall keep all pets
on their property unless walking with a lease.
Any owner shall pay a fine, imposed by the Board,of $50.00 for a second violation of any of
these pet restrictions and a fine of $100.00 for each violation thereafter. Such fines shall be a
common expense, payable only by the offending unit owner. In addition, the Board may require
an owner to permanently remove a pet from Bitterroot Grove property if the Board receives two
bona fide complaints that the animal is a nuisance from one or more other owners within a six
month period. No reptiles shall be kept in any unit.
(c)Nuisances.No nuisances or unlawful activities shall be allowed on or within any unit
or the common areas,nor shall any use or practice be allowed which interferes with the peaceful
possession or allowed use of the property by others.
(d)Alterations to Building and Common Elements.Nothing shall be done in,on,or to
any unit or in,on or to the limited or general common elements which will impair the structural
integrity of the building.Except as otherwise provided herein,no unit owner or occupant shall
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erect or place any building or structure on any common area,add or remove landscaping,nor
make any other additions or alterations to any common areas except in accordance with plans
and specifications approved by the Board of Directors.If plans and specifications have not been
approved in writing by the Board within 45 days after submission,they shall be deemed
disapproved.
(e)Antennas and Satellite Dishes.No antennas or satellite dishes exceeding 24 inches in
diameter or diagonal measurement,and no air-conditioning units,wiring,or any other device
shall be installed on the exterior of the building or on common elements without prior written
approval of the Board.Owners may install a small satellite dish or antenna not exceeding 24
inches in diameter or diagonal measurement on their terrace or on the roof of the building
without prior approval of the BITTERROOT GROVE Board of Directors.The location of the
satellite dish must comply with the ordinances of the City of Laurel..
(f)Garbage.All garbage and trash must be placed in the proper receptacles designated
for refuse collection, and no garbage or trash shall be placed elsewhere on any common element.
(g)Noise Residents and their guests shall exercise care about making noise which may
disturb other residents.No unit owner shall make or permit excessive noise between the hours of
11:00 p.m.and the following 7:00 a.m.if such noise shall disturb or annoy occupants of other
units.
(h)Parking.Unit owners shall not park vehicles in such a manner as to block sidewalks
or access to the street,or take up more than one parking space with a single vehicle,nor shall
they permit any member of their family,guests,or tenants to do so.Junked or non-operational
vehicles,boats and trailers,and motorhomes shall not be parked on common areas.Improperly
parked vehicles may be removed at the owner ’s expense.
(i)Blocking Access.Owners shall not take or permit any occupant or guest to take any
action which impairs pedestrian access to another unit or vehicle access to the parking area.
(j)Fire Prevention.No unit owner shall perform any act or store anything within a unit
or on the common areas which might increase the rate of fire insurance for BITTERROOT
GROVE or increase the probability of fire as a result of such act or the storage of such items.
(k)Fines.The Board of Directors is hereby authorized to adopt a schedule of fines for
violation of any of the provisions contained in this Section and for violation of any additional
rules and regulations adopted by the Board pursuant to Section 13 below,and to assess such fines
against all owners who violate these provisions.
The owner of each unit shall be responsible for fines resulting from the conduct of the
occupants of the unit and their guests.In the event any owner,any occupant,or a guest of any
occupant fails to abide by the provisions of this Section,or the rules and regulations adopted
pursuant to Section 13 below,the Board shall be entitled to recover from the unit owner all costs
and attorney fees incurred by it in compelling compliance,including collection of fines imposed
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for violations,with or without initiating arbitration or filing a lawsuit.If an owner wishes to
dispute the imposition of a fine against that owner,the owner must submit the dispute to the
Arbitrator within six weeks after receipt of written notice of the fine;failure of an owner to
submit the dispute to arbitration within six weeks shall be deemed an admission that the fine was
properly imposed by the Board.All fines shall be a lien on the unit of the owner against whom
they are imposed,and if unpaid,the lien may be foreclosed in the same manner as a lien for
common expenses.
13.RULES AND REGULATIONS.
Administrative rules and regulations concerning the use of the common elements may be
promulgated and amended by the Board of Directors with the approval of A majority of the
members entitled to vote.A copy of the current rules and regulations shall be provided to each
unit owner by the Secretary of the Association, without cost, upon receipt of a request
14.WORKING CAPITAL.
The Developer,as agent of the Board of Directors,shall collect from the initial purchaser
of each unit,at the time of closing,an initial capital payment equal to the Buyer ’s prorata share
of insurance for the year plus an amount equal to the amount of the regular monthly assessments
for two months.The Developer shall be entitled to retain the Buyer ’s pro-rata share of insurance
for the current premium period if the Developer paid the premium for the unit sold for that
period;otherwise,the premium shall be paid to the Association’s insurance agent.The remainder
of each initial capital payment collected from the buyers shall be delivered to the Board of
Directors to provide the necessary working capital for the Association.Such funds may be used
for certain prepaid items,including initial maintenance,equipment,supplies,organizational
costs,furnishings for common areas,other start-up costs,and such other purposes as the Board
of Directors may determine.These funds may not be used by the Developer to defray any of its
expenses,construction costs,or other financial obligations,and shall NOT be considered to be
prepayment of regular monthly assessments.
In addition,at closing,the Developer shall collect from the initial purchaser of each unit
the Buyer ’s pro-rata share of the assessment for that month.
15.LIABILITY OF THE ASSOCIATION AND UNIT OWNERS.
The Association shall not be liable to any unit owner or any occupant of a unit for any
failure to provide services paid for as a common expense or for any uninsured injury or damage
to person or property caused by the elements or resulting from water,snow,or ice which may
leak or flow from any portion of the common elements or from any pipe,drain,conduit,
appliance,or equipment into a unit.The Association shall not be liable to any unit owner or any
occupant of a unit for uninsured loss or damage,by theft or otherwise,of articles which may be
stored upon any of the common elements.This shall not be deemed to be a waiver of any
liability between unit owners.No diminution or abatement of any assessments shall be claimed
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or allowed for inconvenience or discomfort arising from the making of repairs or improvements
to the common elements or from any action taken by the Association to comply with any law,
ordinance,or order or directive of any government authority.The Association shall not be liable
to any unit owner or any occupant of a unit for uninsured injury or damage to person or property
caused by another unit owner.Any such liability shall be attributed solely to the responsible unit
owner.The Association shall not be liable to any unit owner or any occupant of a unit for
uninsured personal injuries or uninsured injuries to property occurring on common elements.
16.AMENDMENT.
(a)Prior to sale and closing of all units,these Bylaws may be amended by the Developer.
Each owner,by acceptance of a deed to any TOWNHOME shall be deemed to have approved
any such amendment by Developer and to have granted to Developer the power,pursuant to
Section 70-15-301, MCA, to make such amendments.
(b)These Bylaws may also be amended by the Association either in a duly constituted
meeting called for such purpose or by written petition circulated among the owners.However,no
amendment shall take effect without the approval of the Developer until such time as all units
have been sold by the Developer.After all units are sold,no amendment shall take effect unless
approved by at least 75%of the unit owners entitled to vote and until a copy of the amendment,
certified by the President and Secretary of the Association,is recorded in the office of the Clerk
and Recorder of Yellowstone County,Montana.In all cases,however,the Bylaws shall always
include those particulars required to be included therein by the Montana Unit Ownership Act.
(c)The consent of at least 51%percent of eligible mortgage holders shall be required for
a change in any of the following:
(i) Changes in insurance requirements; and
(ii)Changes in any provisions which expressly benefit mortgage holders,insurers,
or guarantors.
17.BYLAWS ARE COVENANTS.
The provisions of these Bylaws shall be covenants running with the land and shall be
binding on all owners,their tenants,and guests for so long as the real property described herein
is subject to the provisions of the Montana Unit Ownership Act.
18.ENFORCEMENT AND WAIVER.
These Bylaws may be enforced in the manner set forth in the Declaration of Unit
Ownership for THE BITTERROOT GROVE TOWNHOMES,in these Bylaws or as otherwise
authorized by Montana law.In the event the Board of Directors shall refuse or neglect to enforce
the provisions of these Bylaws,the Declaration of Unit Ownership,or duly adopted rules and
regulations,any unit owner shall have the right to do so (SEE PARAGRAPH BELOW).Failure
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of the Association,its Board of Directors,or any of its members to enforce the provisions of
these Bylaws or the Declaration of Unit Ownership of BITTERROOT TOWNHOME
ASSOCIATION or any rules and regulations adopted by the Association shall not be deemed a
waiver of the right to do so in the future.
The losing party in any lawsuit or arbitration proceeding brought to enforce these Bylaws
or the Declaration or to foreclose a lien described in the Declaration or these Bylaws shall be
obligated to pay the reasonable attorney fees incurred by the prevailing party,together with costs
incurred in the lawsuit or arbitration proceeding.In the event the services of an attorney are used
by the Association or its Board of Directors to enforce these Bylaws without filing a lawsuit or
initiating arbitration,the party violating these Bylaws shall be obligated to pay the attorney fees
incurred by the Association;the attorney fees shall be a lien on the unit of the violating owner.
The lien may be enforced in the same manner as a lien for unpaid assessments for common
expenses.
19.DEFINITIONS.
The terms used herein shall have the definitions set forth in the Declaration of Unit
Ownership for BITTERROOT GROVE.
20.HEADINGS.
The headings used in these Bylaws are for convenience only and shall not be deemed to
limit the provisions of these Bylaws.
21.NOTICE.
Except where otherwise provided in these Bylaws,any written notice required or
provided for in these Bylaws or in the Declaration of Unit Ownership for BITTERROOT
GROVE shall be hand-delivered or mailed to the last address provided by the owner to the
Association.A notice sent by certified mail shall be deemed delivered three days after the date
when mailed, whether or not actually received by the owner to whom it was sent.
IN WITNESS,the undersigned,being the interim President and Secretary of the
Association,have executed this instrument as evidence of the adoption of the aforesaid Bylaws
by the Association and hereby certify that the foregoing is a true and correct copy of the Bylaws
of the Association.
DATED this __________day of ________________________,20__.
BITTERROOT GROVE HOMEOWNERS ASSOCIATION
By:
_________________________, President
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By:
__________________________, Secretary-Treasurer
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STATE OF MONTANA )
SS.
County of Yellowstone )
On this __________day of ___________________________________,20__, before me, the
undersigned, a Notary Public for the State of Montana,personally appeared ______________,
known to me to be the President of BITTERROOT GROVE HOMEOWNERS ASSOCIATION,
whose name is subscribed to the foregoing Bylaws and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(print or type name of notary)
Notary Public for the State of Montana
(seal)Residing at Billings, Montana
My Commission Expires __________,20__
STATE OF MONTANA )
ss.
County of Yellowstone )
On this __________day of ___________________________________,20__, before me, the
undersigned, a Notary Public for the State of Montana,personally appeared______________,
known to me to be the Secretary-Treasurer of BITTERROOT GROVE HOMEOWNERS
ASSOCIATION, whose name is subscribed to the foregoing Bylaws and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(print or type name of notary)
Notary Public for the State of Montana
(seal)Residing at Billings, Montana
My Commission Expires __________,20__
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Bitterroot Townhome PUD: Building Styles
The buildings within the Bitterroot Townhome PUD Development will be similar to the following
examples. The development will include a variety of building styles to offer the development a certain
amount of “personality” and to avoid the “cookie-cutter” appearance of tract housing.
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YELLOWSTONE COUNTY WEED DISTRICT
WEED MANAGEMENT PLAN
Date:
Contact person & Phone number:
Name of project:
Land Description (Legal & Descriptive):
Number of acres involved:
Noxious Weed Species found on site if any:
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
Type of control to be used:
_____ Cultivation- (must include an attached Revegetation plan)
_____ Herbicide- (must include what kind, application rate and time &
method)
_____ Grazing- (must complete enclosed grazing plan)
_____ Hand pulling/Mowing- (please include method of disposal)
Specific control measures: ___________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Weed control to be completed by: _______Self _______Commercial Firm
If a commercial firm is to be used, please give name and address when hired.
Dates weed control will be implemented: ____________________________________________
Is there live or open water on the property? If so please outline on your map.
J & J Homes (Jason Wilcox), (406) 855-2279
Yellowstone Trail Subdivision
Tract 1 (COS 3722) of the North ½ of Section 01, Township 01
North, Range 27 East
36.687
Weeds will be pulled/mowed where necessary, when identified
May through September
Darrell Dyer, Bitterroot Group, LLC, (701) 651-5572
Bitterroot Grove Townhome PUD
Nutting Bros. Subdivision, Blocks 6 and 7, including
abandoned portionof Hazel Ave
4.68
Weeds will be pulled/mowed/sprayed where necessary,
and when identified with typical residential commercially
available herbicide.
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This plan if implemented by said contractor, will be in effect for two years from the date of
project completion. The responsibility for weed control will revert back to the landowner after
this period.
Dated this _____ day of _____, _______.
I acknowledge and agree to the foregoing provisions.
Signature ______________________________
Name and Address __________________________________
Please print __________________________________
__________________________________
__________________________________
Weed Management Approval: (Yes) (No) Date ____________________
Weed District Representative _______________________________
County Weed District Recommendations: _________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Attach additional information if needed
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YELLOWSTONE COUNTY WEED DISTRICT
REVEGETATION PLAN
Should you decide to use cultivation as a control method on a rangeland, non crop site, or other disturbed sites
(reference section 7-22-2152, Montana Code Annotated) please complete the following plan. If you have a
revegetation plan already in place, please attach a copy to your Yellowstone County Weed Management Plan.
(a) Please describe the site to be revegetated.
(b) Outline what method(s) will be used to accomplish revegetation of the disturbed areas (seeding, planting,
sod, etc.)
(c) If applicable list the type and amount of seed/sod to be used for revegetation.
Type Rate On Acres
Type Rate On Acres
Type Rate On Acres
Type Rate On Acres
(d) If applicable list the type and amount of fertilizer to be used:
Type Rate On Acres
Type Rate On Acres
Type Rate On Acres
Type Rate On Acres
(e) Timing of revegetation practices:
Approximate cultivation date(s)
Approximate seeding / sod date(s)
Approximate fertilizer date(s)
Attach additional information if needed
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YELLOWSTONE COUNTY WEED DISTRICT
NOXIOUS WEED GRAZING MANAGEMENT PLAN
IS THERE A CURRENT GRAZING SYSTEM USED?
PLEASE EXPLAIN
NOXIOUS WEED TO BE GRAZED?
TYPE OF ANIMAL TO BE USED?
A.U.M.’S PER ACRE?
TURN IN DATE_______________ TURN OUT DATE_____________
SEASON OF GRAZING?
STAGE OF PLANT GROWTH?
WERE ANIMALS HELD IN AN AREA TO LET INFESTED FORAGE PASS BEFORE ANIMALS WERE
MOVED INTO UNINFESTED AREA?
WILL THIS METHOD BE USED ALONG WITH HERBICIDE CONTROL?
WHAT KIND OF MONITORING OR FOLLOW UP WILL BE DONE TO INSURE THAT GRAZING IS
WORKING AS A WEED CONTROL MEASURE AND THE LAND IS NOT BEING OVER-GRAZED?
DATE INSPECTED BY WEED DEPT._____________________________________
NOTES______________________________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_____________________________________________________
Attach additional information if needed
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Laurel City Planner
From:Ryan Welsh <ryan.welsh@kljeng.com>
Sent:Tuesday, June 8, 2021 4:06 PM
To:Laurel City Planner
Cc:Kurt Markegard; Forrest Sanderson
Subject:RE: Bitterroot Grove Townhomes - Preliminary Engineering W-S-S
Nick,
Below are my comments after reviewing the Engineering report.
1. Exhibit on page 5 doesn’t call out the specific streets or identify where each of the hydrant locations are.
2. Page 6 Section 1.1.4.a references section 8.2.1. There is no Section 8 in the report.
3. Page 9 Section 2.22 Depth. Sewers are to be extremely shallow. Have pipe supplier provide documentation that
pipes can handle the shallow traffic loads without deflecting. This shallow burial may require the deflection
testing called out by DEQ.
4. Page 18 Section 2.64. Flow Channel. Manholes in Laurel are required to have a 0.2-ft drop across each manhole.
5. Public utilities in Private roads can be an issue for maintenance. City should require that this be a private system
if its going to be in a private street area.
6. Street Section is 3” of AC over 9” of Base. Laurel Street section calls out a minimum of 3” of AC over 10” of
base. (Not an issue as long as its private, but could be an issue in the future if they transfer ownership to the
City)
7. Water System layout: The Laurel Water System standards (currently in revision) will call for all water lines to be
5’ South and/or West of the street centerline.
8. Sewer System layout: The Laurel Wastewater System standards (currently in revision) will call for all wastewater
line to be 5’ North and/or East of the street centerline.
9. With groundwater expected to be between 3’ and 5 below existing ground surface, this should be studied
through the irrigation season to verify that detention pond volumes will be useable.
That is the extend of my comments. Please let me know if there are any questions.
Thank you,
Ryan Welsh, PE (MT & WY)
KLJ
406 245 5499 Office
406 247 2923 Direct
406 876 3277 Cell
2611 Gabel Road
PO Boxc 80303
Billings, MT 59108
kljeng.com
From: Laurel City Planner <naltonaga@laurel.mt.gov>
Sent: Thursday, May 27, 2021 8:14 AM
To: Ryan Welsh <ryan.welsh@kljeng.com>
Cc: Kurt Markegard <kmarkegard@laurel.mt.gov>
Subject: RE: Bitterroot Grove Townhomes - Preliminary Engineering W-S-S
267
2
Hi Ryan,
I think that timeline is fine. I appreciate the help!
Regards,
Nick Altonaga, CFM
City Planner
406.628.4796, Ext. 5302 (office)
406.628.2241 (fax)
naltonaga@laurel.mt.gov
City of Laurel
PO Box 10
115 West First St.
Laurel, MT 59044-0010
From: Ryan Welsh <ryan.welsh@kljeng.com>
Sent: Wednesday, May 26, 2021 3:43 PM
To: Laurel City Planner <naltonaga@laurel.mt.gov>
Cc: Kurt Markegard <kmarkegard@laurel.mt.gov>
Subject: RE: Bitterroot Grove Townhomes - Preliminary Engineering W-S-S
Nick,
I will get this take care of and back to you by June 11 th. Let me know if you need more time than that before the
meeting.
Thank you,
Ryan Welsh, PE (MT & WY)
KLJ
406 245 5499 Office
406 247 2923 Direct
406 876 3277 Cell
2611 Gabel Road
PO Boxc 80303
Billings, MT 59108
kljeng.com
From: Laurel City Planner <naltonaga@laurel.mt.gov>
Sent: Wednesday, May 26, 2021 3:30 PM
To: Ryan Welsh <ryan.welsh@kljeng.com>
268
3
Cc: Kurt Markegard <kmarkegard@laurel.mt.gov>
Subject: Bitterroot Grove Townhomes - Preliminary Engineering W-S-S
Hi Ryan,
Attached is the Preliminary Engineering report for Water, Sewer, Stormwater, and Roadways for the Bitterroot
Townhomes Planned Unit Development (located off of E 8th Street). This will be at Planning Board on June 16th and City
Council afterwards. If possible, please review the report and let me know if there are any concerns about their
estimates. I know you’re busy so just let me know if it will be a while before you can take a look at it. Thanks for your
assistance.
Regards,
Nick Altonaga, CFM
City Planner
406.628.4796, Ext. 5302 (office)
406.628.2241 (fax)
naltonaga@laurel.mt.gov
City of Laurel
PO Box 10
115 West First St.
Laurel, MT 59044-0010
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
269
File Attachments for Item:
4. Resolution - Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block
6, Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located
Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County,
Montana.
270
R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD)
RESOLUTION NO. R21-____
RESOLUTION OF ANNEXATION AND ZONING FOR NUTTING BROTHERS
SUBDIVISION, BLOCK 6, LOTS 1-12 AND BLOCK 7, LOTS 1-12 AND THE
ABANDONED PORTION OF HAZEL AVENUE LOCATED BETWEEN
BLOCKS 6 AND 7, AS AN ADDITION TO THE CITY OF LAUREL,
YELLOWSTONE COUNTY, MONTANA.
WHEREAS, a Planned Unit Development Application was submitted to the City
of Laurel by the owner (“Petitioner”) of Block 6, Lots 1-12, and Block 7, Lots 1-12,
Nutting Brothers Subdivision, seeking approval for such Development Application and
annexation to the City of Laurel with zoning as provided by the Laurel Municipal Code;
and
WHEREAS, Petitioner constitutes the owner of the entire property proposed to
be annexed, as described below; and
WHEREAS, the Laurel City-County Planning Board reviewed the Planned Unit
Development Application, including the request for Annexation and request for a
variance from the minimum lot size requirement at a duly advertised public hearing that
was held on May 19, 2021; and
WHEREAS, the Laurel City-County Planning Board heard testimony from
Petitioner and his Agents who spoke as proponents of the requests and testimony from
individuals who resided near the proposed annexation area; and
WHEREAS, based on the evidence and testimony provided at the hearing the
Laurel City-County Planning Board approved a motion to recommend a conditional
approval of annexation, zoning, and the requested variance to the Laurel City Council;
and
WHEREAS, the City Council of the City of Laurel has determined that it is in the
best interest of the City and the inhabitants thereof, and of Petitioner, that the following
described territory be annexed to the corporate limits of the City of Laurel, with the
zoning changed to R-7500 upon annexation of the property, and conditioned upon the
preparation of an Annexation Agreement that contains all the conditions and requirements
for the future development being negotiated, executed and approved by the City and the
Property Owner; and
WHEREAS, Petitioner’s variance request appears in the City’s best interest since
the requested variance a 5.0 acre minimum standard to 4.68 acre minimum is in the best
interest of the City since the proposed development will create badly needed housing out
of land that is currently in a blighted state; and
271
R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD)
WHEREAS, annexation of the property is conditioned on the City Council’s
approval of the Planned Unit Development Application and the satisfactory completion
of all requirements and conditions imposed by the City Council; and
WHEREAS, the annexation and City responsibility for providing service to the
property shall become null and void upon the City’s denial of the Planned Unit
Development Application or the Petitioner’s failure to comply with the conditions
contained in this resolution and imposed by the City Council’s approval resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Laurel, Montana, as follows:
1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of
Laurel shall be and the same hereby is extended and/or expanded to include the
territory described in the application for annexation as additionally described
below.
2. The owner of record of the territory annexed to the City of Laurel has executed
an application seeking such annexation.
3. The following described territory is hereby annexed to the City of Laurel:
Block 6, Lots 1-12, and Block 7, Lots 1-12, and abandoned Hazel Avenue,
Nutting Brothers Subdivision according to the records on file and of record
in the office of the Clerk and Recorder of Yellowstone County.
4. That upon annexation the zoning designation of the above-described property
shall be PUD-1 as provided by City Ordinance.
5. The petitioner’s requested variance is hereby approved to allow a 4.68 acre size
PUD rather than the standard 5.0 acre size as required by City Ordinance.
6. Petitioner shall provide a signed annexation agreement as a condition of
annexation as provided herein.
7. This Resolution shall be incorporated into the official minutes of the City Council,
and upon said incorporation, the City Clerk-Treasurer shall file a true and correct,
certified copy of this Resolution and of said minutes with the Yellowstone County
Clerk and Recorder.
8. From and after the date that the City Clerk-Treasurer files such certified copy of
this Resolution and of the Council minutes in the office of the Yellowstone
272
R21-__ Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD)
County Clerk and Recorder, this annexation of the above-described territory to
the City of Laurel shall be deemed complete and final.
9. Annexation of the property is conditioned on the City Council’s approval of the
Planned Unit Development Application and the satisfactory completion of all
requirements and conditions imposed by the City Council with such approval; and
10. Annexation and the City’s responsibility for providing service to the property
shall become null and void upon the City’s denial of the Planned Unit
Development Application or the Petitioner’s failure to comply with the conditions
contained in this resolution and imposed by the City Council’s PUD approval
resolution.
Introduced at a regular meeting of the City Council on ________________, 2021,
by Council Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day
of_______________________, 2021
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
273
File Attachments for Item:
5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract
With Rossman Masonry LLC For Repairs To City Hall.
274
R21-__ Approve Contract Rossman Masonry LLC
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH ROSSMAN MASONRY LLC FOR
REPAIRS TO CITY HALL.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract (“Contract”)
recommended by the Mayor and Staff, is attached hereto and incorporated herein and by
adoption of the resolution, hereby approved.
Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized
to execute the Contract on the City’s behalf.
Introduced at a regular meeting of the City Council on ______, 2021, by Council
Member ______________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
___th day of ____________2021.
APPROVED by the Mayor this ___th day of _______2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
__________________________________
Sam S. Painter, Civil City Attorney
275
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 13th day of July, 2021, between the City of Laurel,
a municipal corporation organized and existing under the laws of the State of Montana whose address
is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Rossman Masonry,
LLC., a contractor licensed to conduct business in the State of Montana, whose address is 2106
Patricia Lane, Billings, Montana 59102, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated February 28, 2021, attached hereto as Exhibit “A” and by this reference
made part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties.
Contractor shall complete the services within 60 days of commencing work. The parties may extend
the term of this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with
the specifications and requirements of this contract, any applicable Montana Public Work Standard(s)
and Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor thirteen thousand dollars and no cents ($13,000.00) for the work
described in Exhibit A. Any alteration or deviation form the described work that involves extra costs
must be executed only upon written request by the City to Contractor and will become an extra charge
over and above the contract amount. The parties must agree to extra payments or charges in writing.
Prior to final payment, Contractor shall provide City with an invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose
hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or
handbook and shall not be considered a City employee for workers’ compensation or any other
purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings,
agreements or sub-contracts in any dealings between Contractor and any third parties. The City is
276
Page 2 of 5
interested solely in the results of this contract. Contractor is solely responsible for all work and work
product under this contract, including techniques, sequences, procedures, and means. Contractor shall
supervise and direct the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee
is paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the
City. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and at no additional
cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that
such defective or nonconforming condition has been corrected. Contractor warrants the corrective
action taken against defective and nonconforming conditions for a period of an additional one (1) year
from the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of
the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all
damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss;
provided, however, should the damage or loss be caused by an intentional or negligent act of the City,
the risk of such loss shall be placed on the City.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
277
Page 3 of 5
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the
time of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from
any and all losses, damage and liability occasioned by, growing out of, or in any way arising or
resulting from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations.
Contractor shall either possess a City business license or shall purchase one, if a City Code requires a
business license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit
and qualification and further that Contractor shall not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting
party may bring suit for damages, specific performance, and any other remedy provided by law except
for punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
278
Page 4 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third-party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the
successful party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may no t be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and
written consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or
subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this
contract shall remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not
be used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
279
5 of 5
SIGNED AND AGREED BY BOTH PARTIES ON THE 13th DAY OF JULY 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Ace Electric, Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
280
RECIPIENT:
Kurt Markegard
115 West 1st Street
Laurel, Montana 59044
Estimate #14
Sent on Feb 28, 2021
Total $5,500.00
PRODUCT / SERVICE DESCRIPTION QTY.UNIT COST TOTAL
Brick Wainscot Brick Wainscot on West side of Laurel City Hall.
Brick to be best match for existing brickwork. The
brick is to be laid up to the bottom of the windows
with a rowlock sill at the top. Angle Iron will be
bolted to the foundation to bear the weight.
Flashing and weeps will also be used based on this
specific application. All material and labor is
included.
1 $5,500.00 $5,500.00*
* Non-taxable
This quote is valid for the next 30 days, after which values may be subject to
change.
Jobs are scheduled at the time of the accepted estimate.
Total $5,500.00
Rossman Masonry, LLC
2106 Patricia Lane | Billings, Montana 59102
406-272-9200 | rossmanmasonry@gmail.com | www.rossmanmasonry.com
281
RECIPIENT:
Kurt Markegard
115 West 1st Street
Laurel, Montana 59044
Estimate #15
Sent on Feb 28, 2021
Total $1,500.00
PRODUCT / SERVICE DESCRIPTION QTY.UNIT COST TOTAL
Brick Infill Fill below windows on South side of building where
current framing is on the east end of the building.
Brick is to be the closest match to existing. Angle
Iron, flashing and weeps will be used and provided
by Rossman Masonry. All labor and material will
are included.
1 $1,500.00 $1,500.00*
* Non-taxable
This quote is valid for the next 30 days, after which values may be subject to
change.
Jobs are scheduled at the time of the accepted estimate.
Total $1,500.00
Rossman Masonry, LLC
2106 Patricia Lane | Billings, Montana 59102
406-272-9200 | rossmanmasonry@gmail.com | www.rossmanmasonry.com
282
RECIPIENT:
Kurt Markegard
115 West 1st Street
Laurel, Montana 59044
Estimate #13
Sent on Feb 28, 2021
Total $6,000.00
PRODUCT / SERVICE DESCRIPTION QTY.UNIT COST TOTAL
Brick Wainscot Brick Wainscot on South side of Laurel City Hall.
Brick to be best match for existing brickwork. The
brick is to be laid up to the bottom of the windows
with a rowlock sill at the top. Angle Iron will be
bolted to the foundation to bear the weight.
Flashing and weeps will also be used based on this
specific application. All material and labor is
included.
1 $6,000.00 $6,000.00*
* Non-taxable
This quote is valid for the next 30 days, after which values may be subject to
change.
Jobs are scheduled at the time of the accepted estimate.
Total $6,000.00
Rossman Masonry, LLC
2106 Patricia Lane | Billings, Montana 59102
406-272-9200 | rossmanmasonry@gmail.com | www.rossmanmasonry.com
283
File Attachments for Item:
6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract
With Ace Electric, Inc. For Electrical Work At The City’s Sewer Plant.
284
R21-__ Approve Contract Ace Electric, Inc. Work at the City Sewer Plant
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH ACE ELECTRIC, INC. FOR ELECTRICAL WORK AT
THE CITY’S SEWER PLANT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract (“Contract”)
recommended by the Mayor and Staff, is attached hereto and incorporated herein and by
adoption of the resolution, hereby approved.
Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized
to execute the Contract on the City’s behalf.
Introduced at a regular meeting of the City Council on ______, 2021, by Council
Member ______________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
___th day of ____________2021.
APPROVED by the Mayor this ___th day of _______2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
__________________________________
Sam S. Painter, Civil City Attorney
285
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 21st day of June, 2021, between the City of Laurel,
a municipal corporation organized and existing under the laws of the State of Montana whose address
is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Ace Electric, Inc., a
contractor licensed to conduct business in the State of Montana, whose address is 808 West Main
Street (P.O. Box 520), Laurel, Montana 59044, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated June 17, 2021, attached hereto as Exhibit “A” and by this reference made
part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties.
Contractor shall complete the services within 60 days of commencing work. The parties may extend
the term of this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with
the specifications and requirements of this contract, any applicable Montana Public Work Standard(s)
and Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor six thousand one hundred twenty dollars and no cents ($6,120.00) for
the work described in Exhibit A. Any alteration or deviation form the described work that involves
extra costs must be executed only upon written request by the City to Contractor and will become an
extra charge over and above the contract amount. The parties must agree to extra payments or charges
in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor t he contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose
hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or
handbook and shall not be considered a City employee for workers’ compensation or any other
purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings,
agreements or sub-contracts in any dealings between Contractor and any third parties. The City is
286
Page 2 of 5
interested solely in the results of this contract. Contractor is solely responsible for all work and work
product under this contract, including techniques, sequences, procedures, and means. Contractor shall
supervise and direct the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her busi ness, except
for those members who are exempted as independent contractors under the provisions of §39 -71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee
is paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the
City. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replac ement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and at no additional
cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that
such defective or nonconforming condition has been corrected. Contractor warrants the corrective
action taken against defective and nonconforming conditions for a period of an additional one (1) year
from the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of
the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all
damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss;
provided, however, should the damage or loss be caused by an intentional or negligent act of the City,
the risk of such loss shall be placed on the City.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the
time of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from
any and all losses, damage and liability occasioned by, growing out of, or in any way arising or
resulting from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations.
Contractor shall either possess a City business license or shall purchase one, if a City Code requires a
business license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit
and qualification and further that Contractor shall not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting
party may bring suit for damages, specific performance, and any other remedy provided by law except
for punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third-party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the
successful party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and
written consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or
subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this
contract shall remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not
be used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 13th DAY OF JULY 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Ace Electric, Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
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File Attachments for Item:
7. Resolution - A Resolution Of The City Council Selecting COP Construction, LLLC as The
Successful Bidder For The City’s Purchase Of A Screw Pump For The City’s Waste Water
Treatment Plant.
292
R21-__ Award Bid for Purchase of Screw Pump for WWTP.
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL SELECTING COP CONSTRUCTION, LLC AS THE
SUCCESSFUL BIDDER FOR THE CITY’S PURCHASE OF A SCREW PUMP FOR THE CITY’S
WASTE WATER TREATMENT PLANT.
WHEREAS, the City of Laurel planned to purchase new equipment, specifically a screw pump for
use at the City’s Wastewater Treatment Plant, and such purchase was publicly advertised for competitive bids
from interested and qualified bidders; and
WHEREAS, City Staff reviewed and considered the bids received and recommends the City Council
award the bid to the qualified and responsive bid that appears to be in the City’s best interest; and
WHEREAS, COP Construction, LLC submitted a bid of $169,961.00 for the screw pump that meets
the City’s specifications. City Staff determined the bid is in the best interest of the City. The Bid
documents are attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that
the City has followed its procurement policies and state law requiring competitive bidding; and
BE IT FUTHER RESOLVED the City Council hereby awards the bid to COP Construction LLC for
its bid price of $169,961.00. The Mayor and City Clerk are authorized to sign all necessary documents,
agreements or contracts on the City’s behalf consistent with this resolution for the equipment purchase.
Introduced at a regular meeting of the City Council on ________________, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day of
________________, 2021
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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File Attachments for Item:
8. Resolution - A Resolution Of The City Council Selecting Osseo Construction Co., LLC As
The Successful Bidder For The City’s Water Tank Recoat Project.
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R21-__ Award Bid for Water Tank Recoat Project
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL SELECTING OSSEO CONSTRUCTION CO., LLC
AS THE SUCCESSFUL BIDDER FOR THE CITY’S WATER TANK RECOAT PROJECT.
WHEREAS, the City of Laurel planned to recoat its water tank as part of its routine maintenance,
and such project was publicly advertised for competitive bids from interested and qualified bidders; and
WHEREAS, City Staff reviewed and considered the bids received and recommends the City
Council award the bid to the qualified and responsive bid that appears to be in the City’s best interest; and
WHEREAS, Osseo Construction Co. LLC submitted a bid of $162,460.00 to complete the project
on the City’s behalf. City Staff determined the bid is in the best interest of the City. The Bid documents are
attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds
that the City has followed its procurement policies and state law requiring competitive bidding; and
BE IT FUTHER RESOLVED the City Council hereby awards the bid to Osseo Construction Co.,
LLC for its bid price of $162,460.00. The Mayor and City Clerk are authorized to sign all necessary
documents, agreements or contracts on the City’s behalf consistent with this resolution for completion of the
project.
Introduced at a regular meeting of the City Council on ________________, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day of
________________, 2021
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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File Attachments for Item:
14. Draft Council Agenda for July 13, 2021.
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AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, JULY 13, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R18-XX
NEXT ORD. NO.
O18-XX
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 age nda
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 .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of June 22, 2021.
Correspondence
2. Fire Monthly Report - June 2021
3. Ambulance Monthly Report - June 2021
4. Police Monthly Report - June 2021
5. Building Department Monthly Report - June 2021
Council Disclosure of Ex Parte Communications
Public Hearing
6. Bitterroot Grove
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 remove 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 under "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.
7. Claims entered through July 9, 2021.
8. Approval of Payroll Register for PPE 6/27/2021 totaling $230,129.97.
9. Council Workshop Minutes of June 15, 2021.
10. Council Workshop Minutes of July 6, 2021.
Ceremonial Calendar
Reports of Boards and Commissions
11. Public Works Committee Minutes of May 17, 2021.
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12. Budget/Finance Committee Minutes of June 22, 2021.
13. City/County Planning Board Minutes of December 16, 2020.
14. City/County Planning Board Minutes of May 19, 2021.
15. Laurel Urban Renewal Agency Minutes of June 21, 2021.
16. Laurel Urban Renewal Agency Minutes of June 28, 2021.
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. The 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.
Scheduled Matters
17. Resolution - A Resolution Of The City Council Selecting Midwest Fire As The Successful
Bidder For The City’s Purchase Of A Brush Truck.
18. Resolution - A Resolution Of The City Council Authorizing The Award Of Grants From The
Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program
For Eligible Applicants And Improvements.
19. Resolution - Resolution Approving The Application For Bitterroot Grove Townhomes, A Sixty
Unit Planned Unit Development As An Addition To The City Of Laurel.
20. Resolution - Resolution Of Annexation And Zoning For Nutting Brothers Subdivision, Block 6,
Lots 1-12 And Block 7, Lots 1-12 And The Abandoned Portion Of Hazel Avenue Located
Between Blocks 6 And 7, As An Addition To The City Of Laurel, Yellowstone County,
Montana.
21. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract
With Rossman Masonry LLC For Repairs To City Hall.
22. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A Contract
With Ace Electric, Inc. For Electrical Work At The City’s Sewer Plant.
23. Resolution - A Resolution Of The City Council Selecting COP Construction, LLLC as The
Successful Bidder For The City’s Purchase Of A Screw Pump For The City’s Waste Water
Treatment Plant.
24. Resolution - A Resolution Of The City Council Selecting Osseo Construction Co., LLC As The
Successful Bidder For The City’s Water Tank Recoat Project.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizen s to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
15. Employee Recognition
305
Employee/Volunteer Recognition 2021 (July to December)
Name Years of Service Department
Geralyn Stevens Library 31
David Saylor City Shop 31
Nancy Schmidt Librarian 26
Susan Canape Police 26
Travis Pitts Police 25
Sheryl Phillips Court 24
Joel Sauter Police 24
Fran Schweigert City Shop 23
Nathan Herman WTP 21
Monica Salo Court 20
H.P. Nuernberger WTP 19
John Herr Fire 14
JW Hopper Fire 14
Jessica McCartney Police 14
Kevin Budge City Shop 14
Dave Waggoner WTP 14
Matt Wheeler Public Works 12
Mike Furman Jr. Library 12
Zach Winchell Fire 11
Wendy Wong Ambulance 11
Jeremiah Johnson Police 10
Calvin Lovshin Custodian 9
Sam Painter Attorney 9
Justin Baker City Shop 9
KC Wayne Bieber Fire 9
Hugo Hernandez Fire 9
Fred Lyons Library 8
Dylan Ceaser WTP 8
Michael Jenkins Fire 8
Jay Hatton City Shop 8
Thomas Henry WWTP 7
Jon DeRudder Fire 7
Norm Stamper City Shop 5
Kevin Hoffman City Shop 5
Joshua Sawyer WTP 5
Corey Nicholson WWTP 5
Bethany Langve City Clerk 5
Keith Guy City Shop 5
Elliott Grayson Ambulance 4
Brittney Moorman City Clerk 4
Amber Hatton City Clerk 4
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Employee/Volunteer Recognition 2021 (July to December)
Chase Rasmussen Police 4
Mandi Crable Ambulance 3
Steven Baumgartner Police 3
Levi Jones Fire 3
Justin Romero Fire 3
Jackson Booth Police 3
Jamie Swecker Fire 3
Jayson Nicholson Ambulance 2
Justin Romero Ambulance 2
Julie Hust Police 2
Brandon Gonzalez City Shop 2
Amber Beck Ambulance 1
John Bartram Fire 1
Lance Dollarhide Ambulance 1
Courtney Hallock Ambulance 1
Lyndy Gurchiek Ambulance 1
David Brunz Fire 1
Colton McCleary Ambulance 1
Clint Willis Fire 1
Levi Dostal Fire 1
Lyndy Gurchiek Ambulance 1
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