HomeMy WebLinkAboutCity Council Packet 07.13.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, JULY 13, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R21-49
NEXT ORD. NO.
O21-04
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. Police Monthly Report - June 2021
4. Building Department Monthly Report - June 2021
5. Beartooth RC&D July 2021 Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
6. Public Hearing on Resolution Approving The Application For Bitterroot Grove
Townhomes, A Sixty Unit Planned Unit Development As An Addition To The City Of
Laurel.
7. Public Hearing on Resolution Approving The 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, And Adjacent Right-of-Way As An
Addition To The City Of Laurel, Yellowstone County, Montana.
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 a ny 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.
8. Claims entered through July 9, 2021.
9. Approval of Payroll Register for PPE 6/27/2021 totaling $230,129.97.
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10. Council Workshop Minutes of June 15, 2021.
Ceremonial Calendar
Reports of Boards and Commissions
11. Public Works Committee Minutes of May 17, 2021.
12. City/County Planning Board Minutes of December 16, 2020.
13. City/County Planning Board Minutes of May 19, 2021.
14. City/County Planning Board Minutes of June 16, 2021.
15. Laurel Urban Renewal Agency Minutes of June 21, 2021.
16. Laurel Urban Renewal Agency Minutes of June 28, 2021.
17. Safety Committee Minutes of July 21, 2020.
18. Safety Committee Minutes of June 16, 2021.
19. Park Board Minutes of June 3, 2021.
20. Park Board Minutes of July 1, 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 dura tion 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
21. Resolution No. R21-49: A Resolution Of The City Council Selecting Midwest Fire As The
Successful Bidder For The City’s Purchase Of A Brush Truck.
22. PULLED: Resolution - LURA Large Grant (Moved to 7.20.2021 Workshop)
23. Resolution No. R21-50: Resolution Approving The Application For Bitterroot Grove
Townhomes, A Sixty Unit Planned Unit Development As An Addition To The City Of Laurel.
24. Resolution No. R21-51: 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.
25. Resolution No. R21-52: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Rossman Masonry LLC For Repairs To City Hall.
26. Resolution No. R21-53: 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.
27. Resolution No. R21-54: 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.
28. Resolution No. R21-55: 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 citizens 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
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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. Approval of Minutes of June 22, 2021.
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File Attachments for Item:
2. Fire Monthly Report - June 2021
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Calls Hours
1 30
4 32
Extrications 5 54
Other Rescues 2 46
5 57
Public Assist 4 30
Severity Staffing 1100
Other calls Medical 4 23
25 Totals 1372
Fire Prevention
Total Training 242
Total Maintenance 56
Total 1670
Laurel Fire Department
Community Service
Jun-21
Announcements: DNRC trucks sent to mutual aid resquest Red Lodge-2 days, Waco 2 days, Custer 1
day.
Alarms
Wildland Fires
Report for the Month of
Structure Fires
Structure Firefighting
Conduct all levels of Structure Firefighting to include entry and attack, ventilation, salvage,
overhaul, and investigation.
A structure fire is a fire involving the structural components of various types of residential,
commercial or industrial buildings.
Wildland Firefighting
Wildfire,brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire.
Extrications
Rescue victims entrapped in automobiles, machinery, farm equipment, buildings, and trenches.
Other Rescues
Rope Rescue, Water Rescue, Ice Rescue
Alarms
Any false alarms or malfunctions.
Other Calls
EMS assist, Industrial or Aircraft firefighting, Vehicle Fire, Hazmat, Spills, Public safety,
Investigations, gas leaks, Carbon Monoxide problems, etc.
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File Attachments for Item:
3. Police Monthly Report - June 2021
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Page 1 of 5
Total Calls Printed on July 1, 2021
[CFS Date/Time] is between '2021-05-25 00:00' and '2021-06-27 23:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 8 8
: Agency Assist 81 81
: Alarm - Burglary 21 21
: Alarm - Fire 5 5
AMB : Ambulance 87 87
: Animal Complaint 20 20
: Area Check 9 9
: Assault 5 5
: Bad Checks 0 0
: Barking Dog 4 4
: Bomb Threat 0 0
: Burglary 3 3
: Child Abuse/Neglect 3 3
: Civil Complaint 18 18
: Counterfeiting 1 1
: Criminal Mischief 1 1
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Page 2 of 5
Code : Description
Totals
: Criminal Trespass 8 8
: Cruelty to Animals 10 10
: Curfew Violation 30 30
: Discharge Firearm 0 0
: Disorderly Conduct 12 12
: Dog at Large 18 18
: Dog Bite 1 1
DUI : DUI Driver 21 21
: Duplicate Call 2 2
: Escape 0 0
: Family Disturbance 14 14
: Fight 2 2
FIRE : Fire or Smoke 15 15
: Fireworks 6 6
: Forgery 0 0
: Found Property 5 5
: Fraud 6 6
: Harassment 0 0
: Hit & Run 3 3
: Identity Theft 0 0
: Indecent Exposure 0 0
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Page 3 of 5
Code : Description
Totals
: Insecure Premises 0 0
: Intoxicated Pedestrian 0 0
: Kidnapping 0 0
: Littering 0 0
: Loitering 4 4
: Lost or Stray Animal 26 26
: Lost Property 5 5
: Mental Health 3 3
: Missing Person 2 2
: Noise Complaint 6 6
: Open Container 0 0
: Order of Protection Violation 1 1
: Parking Complaint 21 21
: Possession of Alcohol 0 0
: Possession of Drugs 1 1
: Possession of Tobacco 0 0
: Privacy in Communications 2 2
: Prowler 1 1
: Public Assist 87 87
: Public Safety Complaint 7 7
: Public Works Call 29 29
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Page 4 of 5
Code : Description
Totals
: Report Not Needed 11 11
: Robbery 0 0
: Runaway Juvenile 0 0
: Sexual Assault 1 1
: Suicide 0 0
: Suicide - Attempt 1 1
: Suicide - Threat 1 1
: Suspicious Activity 102 102
: Suspicious Person 12 12
: Theft 33 33
: Threats 15 15
: Tow Call 0 0
: Traffic Accident 12 12
: Traffic Hazard 9 9
: Traffic Incident 17 17
: TRO Violation 0 0
: Truancy 0 0
T/S : Traffic Stop 170 170
: Unattended Death 0 0
: Unknown - Converted 0 0
: Unlawful Transactions w/Minors 0 0
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Page 5 of 5
Code : Description
Totals
: Unlawful Use of Motor Vehicle 0 0
: Vicious Dog 2 2
: Warrant 15 15
: Welfare Check 19 19
Totals 1034 1034
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File Attachments for Item:
4. Building Department Monthly Report - June 2021
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Jun-21 Year to Date 2021
Amnt Valuation Amnt Valuation
New Construction New Construction
1 Single family 0 $0 1 Single family 0 $0
2 Duplex 0 $0 2 Duplex 0 $0
3 Multi-Family 0 $0 3 Multi-Family 0 $0
4 Hotel/Motel 0 $0 4 Hotel/Motel 0 $0
5 Commercial 1 $1,549,466 5 Commercial 2 $1,749,466
6 Garage/Carport 1 $3,000 6 Garage/Carport 2 $11,957
7 Mobile Home 0 $0 7 Mobile Home 12 $149,300
Total New:2 $1,552,466 Total New:16 $1,910,723
Remodel and Additions Remodel and Additions
8 Residential 1 $12,000 8 Residential 6 $112,781
9 Commercial 1 $12,000 9 Commercial 4 $84,324
10 R. Fence/Roof/Siding 14 $98,042 10 R.Fence/Roof/Siding 47 $318,988
11 C.Fence/Roof/Siding 1 $24,162 11 C.Fence/Roof/siding 6 $82,048
12 Sign/Temp Structure 1 $500 12 Sign/Temp Structure 10 $54,796
Total R & A 18 $146,704 Total R & A 73 $652,937
Grand Total:20 $1,699,170 Grand Total:89 $2,563,660
CITY OF LAUREL BUILDING DEPARTMENT MONTHLY REPORT
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File Attachments for Item:
5. Beartooth RC&D July 2021 Correspondence
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Beartooth RC&D Area, Inc.
Board of Director’s Meeting Agenda
Lunch at 12:30 / Meeting 1:00 P.M.
Thursday, July 15th, 2021
Conference Number
605-475-5900
Access code 8472365
1:00 pm
2:30 PM
Meeting Called to Order
Pledge of Allegiance, Introduction of Members and Guests
Review May Board Minutes
Congressional Updates
Maddie Alpert (Sen. Tester)
Tory Kolkhorst (Sen. Daines)
Cade Overstreet (Rep. Rosendale)
Treasurer/Financial Reports
1. Treasurer Update
2. RC&D Financials
3. RLF Financials
Staff Reports – Program/Project updates
1. Food/Ag Program – Joel Bertolino
2. Revolving Loan Fund – Jillann Knutson
3. Economic Development/ CRDC –
4. Operations Support- Myrna Lastusky
Regional Roundup – News and updates from regional
members on projects and activities in key CEDS categories….
(see topics on next page)
Next Beartooth RC&D Area, Inc. Board of Directors Meeting
September 16th, 2021 - Red Lodge
Adjourn- Social
Chair
Chair, All
Chair, All
Knutson
Knutson
Knutson
Bertolino
Knutson
Lastusky
Roe
et al
Action
Information
Information
Action
Action
Information
Information
Information
Information
Information
Information
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Regional Roundup
Our goals for the Roundup are to find out what’s happening in the area, keep the conversations
focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of
the CEDS. Please help us identify the projects in their area that fit into our CEDS categories:
• Infrastructure
▪ Housing
▪ Transportation
▪ Broadband
• Economy
▪ Upturns or downturns in industry sectors
▪ New business openings (or closures)
• Communication
▪ Marketing and outreach
• Services
▪ Health care
• Natural Resources
▪ Agriculture
▪ Energy
• Human Capital
▪ Workforce
▪ Education
NOTES:
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Beartooth RC&D Area, Inc. Board of Director’s Meeting MINUTES May 20th, 2021
Agenda
1:00 pm
2:30 PM
Meeting Called to Order
Pledge of Allegiance, Introduction of Members and Guests
Review March Board Minutes
Congressional Updates
Maddie Alpert (Sen. Tester)
Tory Kolkhorst (Sen. Daines)
Vacant (Rep. Rosendale)
Treasurer/Financial Reports
4. Treasurer Update
5. RC&D Financials
6. RLF Financials
7. De Federalization of RLF Funds
Executive Committee
1. Executive Committee Activity Report
Deb Brown-EDA Grant Update
Department of Energy Rare Earth Mineral Research
Joliet Funding Request
Staff Reports – Program/Project updates
5. Food/Ag Program – Joel Bertolino
6. Revolving Loan Fund – Jillann Knutson
7. Economic Development/ CRDC – Steve Simonson
8. Operations Support- Myrna Lastusky
Regional Roundup – News and updates from regional
members on projects and activities in key CEDS categories….
(see topics on next page)
Next Beartooth RC&D Area, Inc. Board of Directors Meeting
July 15th, 2021 - Joliet Luncheon
Adjourn- Tour of Beckys Berries new Processing Facility
Chair
Chair, All
Chair, All
Knutson
Knutson
Knutson
Knutson
Van Ballegooyen
Van Ballegooyen
Simonson
Simonson
Simonson/
Ringer
Bertolino
Knutson
Simonson
Lastusky
Roe
et al
Action
Information
Information
Action
Action
Action
Information
Information
Information
Information
Action
Information
Information
Information
Information
Information
Information
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ATTENDANCE
Board of Directors Meeting
May 20th, 2021
Minutes
Members Present:
Joel Bertolino, BRCD
Jillann Knutson, BRCD
Steve Simonson, BRCD
Myrna Lastusky, BRCD
Ryan Van Ballegooyen, Billings Job Service
Bill Foisy, City of Red Lodge
Lorene Hintz, Big Sky EDA
Molly Bell, Sen. Tester’s Office
Barb Wagner, Yellowstone Conservation District
Melanie Roe, Sweet Grass County
Holly Higgins, First Interstate Bank of Hardin
Steve Riveland, Stillwater County
Marvin Carter, City of Laurel
Dan Lowe, Big Horn County Conservation District
Guests:
Deb Brown, SaveYour.Town
Location: Columbus Fire Hall
1:00: Meeting called to order.
Pledge of Allegiance, Introduction of Members and Guests
Review March Board Minutes – Minutes were approved by the Board.
Congressional Updates
• Molly Bell (Sen. Tester)
o ARPA updates for the region.
o Taking input on infrastructure before putting the package together.
▪ Steve asked her to explain the definition of infrastructure.
• Roads bridges, broadband, etc.
• Also, money for fire stations, police stations possibly. Think about things
outside the realm of typical infrastructure projects, and let them know of needs.
• Might be able to add to some existing grant programs.
• Probably this summer is when this will happen.
▪ Steve asked about housing, senior living. Molly wasn’t certain, but she said affordable
housing is a big issue all over the country. She will share it with policy staffers.
▪ Molly_bell@tester.senate.gov
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Treasurer/Financial Reports
1. RC&D Financials
a. Pg. 13: Things are status quo at this point. One red flag is non-budgeted income – was the
result of Stillwater County grants that came through us (just pass-through money).
2. RLF Financials
a. One loan getting ready to close soon – goal is June 15. Construction loan.
b. Loan activity is very slow – people are holding out to see if and what grants might be
available. Beginning of year was crazy, but now people are waiting. Jillann is a little
frustrated right now. Clients are less willing to jump on loans.
c. Got payoffs from clients, so those are going well.
3. De-federalization of RLF Funds
a. EDA funding has $38,000 in it. Partial EDA grant that was given from back when they did
golf tournaments about 20 years ago. Jillann still reports on quarterly and has to go to
trainings yearly.
b. Funding is so old, they are allowing us to de-federalize the money. It’s a whole process, and it
must be approved by our Board.
c. Each program has a different set of rules, but once it’s de-federalized, we can do more with it.
E.g. we can’t fund alcohol or gaming if it’s federal, but possibly we could in the future.
d. There are still 4 outstanding loans on that.
e. Jillann asked the Board to allow the de-federalization.
f. Steph asked if it will go into regular set of funds.
i. Jillann would love to put the money into another source, but other funding sources
have rules attached. We’ll have to keep the account as is, but the rules of it will be
gone.
ii. Before taking a loan to committee, Jillann makes sure it would fall under the set of
rules for it.
g. Mel asked if the goal is to put the money in a fund with less strings attached. Jillann said yes.
h. Bill asked why the loans are so slow – what can we do to help the process in our counties?
i. Jillann: We can present to different groups, like Lions, Elks, etc. Reach out to those
who do a lot of loans with us. For example, Holly knows what we are doing and refers
us quite a bit. Jillann has reached out to some bankers in the area (wrote a letter and
sent to area lenders). Jillann has had a referral to someone regarding a daycare center.
A guy in Billings she works with hasn’t seen much activity, either. Royce from Bank
of Red Lodge sends us stuff, too, but he also hasn’t seen much lately. She talked to
someone that was a bank referral a few months ago, and he said he loved our program
but was holding out to see if there was going to be free money offered.
1. Bill will talk with Jillann about maybe talking to First Interstate Bank in Red
Lodge.
2. Dan asked which loans just paid off:
a. MAV Properties (across from Pub Station). They are a lending
institution and just paid us off.
b. Wildflower Gardens in Red Lodge (we were in legal with them. They
sold the business. We received $178,000 that was paid out).
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i. Jillann had long discussions with RLF Committee on that one to
figure out all the expenses/interest.
c. Dan said his memory is that we knew some loans would fail when we
started the program.
d. Jillann said about 95% of the losses have NOT been from the business
itself failing, but gambling issues, divorce, death, etc. There was one
that was just a bad business model, but MOST are personal.
i. Holly moved to accept the Financials. Dan seconded. Motion carried.
j. Jillann asked everyone to keep us in mind when working with different organizations for
lending or presentations on it.
k. Mel moved to allow the Treasurer to continue the process of de-federalizing the money,
allowing the RLF Committee and Board to give input on how to use the funds in the future.
i. Dan seconded. Motion carried.
ii. Mel asked how much it would be coming in. Approximately $40,000 right now – but it
could be up to $100,000 if everyone pays off.
l. Dan asked if the money could be used as a secondary support to other loans. Jillann said yes,
although it’s not her favorite because they would have to write separate checks. It’s more
complicated, but it could definitely be done.
Executive Committee
1. Executive Committee Activity Report
a. Discussed having an in-person meeting and had a report from all staff.
b. Bid on a new door for the office. Permission granted to obtain bids.
c. Discussion of legislation on our radar and whether we needed to advocate for something to
support BRCD.
d. Bill asked if all the positions are filled on Executive Committee. Ryan said yes, including
Marvin in advisory committee.
Deb Brown-EDA CARES Act Grant Update
• Steve introduced Deb, who works with SaveYour.Town. She’s working on recovery in the region
with BRCD.
• Deb submits a quarterly report of her work with Steve and BRCD.
• Iowa State University did a study and found that the towns that are succeeding are open to new
things, not stuck in old ways.
• Idea-friendly Method:
o Gather your crowd
o Build connections
o Take small steps
o Example: Rose Williamson of the Crow tribe helps people write grants who want to start a
new business.
o Deb posed the question: What if you want a splash pad in your town? But it’s so expensive.
So set up some little pools and sprinklers with parents and kids in town and sit around and talk
about it. Will people show up? (Gather your crowd).
▪ Build connections – talk to city council
▪ Take small steps – what can you do to move closer to a solution?
• Another example is the Bozeman Trail project we are doing.
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o We have been gathering our crowd, and it continues to grow. Working together to build
connections and crowd. People are in action, not sitting around a table scheduling more
meetings.
• Housing in Lodge Grass is another example.
o Deb met Mayor Dabney last October. He hired 5 men, and they were cleaning up sidewalks,
shot video, and it was shared online. Mayor went and cleaned up two properties on his own,
and others started cleaning up their own. Be a role model.
o We were on tour in Lodge Grass on Tuesday, and they have done SO much now – hauled off
broken-down cars, old trees, mowing empty lots, etc.
o We met with Amish shed guy yesterday and explored the idea of using sheds as tiny houses.
Little Big Horn College program can put in plumbing and electrical.
o Dan mentioned that Lodge Grass has had a bad reputation for years, but they are turning
things around.
• Every month Deb and her business partner Becky shoot videos. They have Watch Parties each money
(www.saveyour.town). The first 3 watch parties had more people from Montana than anywhere else.
• 18 months ago Deb spoke at the National Brownfields Conference about filling empty buildings.
There are many Brownfields locations just in Carbon County. As a Board we should look for
opportunities in this area. Is anyone working on some?
o Steph: individually in counties, we are aware and want to get them cleaned up.
o Steve said DEQ has been helpful, but we don’t have an assessment grant or RLF to get the
program going.
▪ Deb asked Molly Bell to put it on her list.
o Deb said a small step could be posting some info on Facebook to spread the word.
• Joel asked about the timeline of Deb’s consultant process. It’s a 2-year project, but after the 2 years
are up, Deb will still continue to be in touch with BRCD and our region to make sure things are
continuing.
• Steve: Different chambers have engaged at different levels – some are willing to try while others
don’t want anything to do with new ideas.
o Deb: Not just young people! 2 older men on our Bozeman Trail project have been very
excited to get involved & help. We want tourism and economic development in the counties.
People who come to see stuff will stay and spend money.
Department of Energy Rare Earth Mineral Research
• Jim Atchison at Coal Strip called Steve. Coal mining and revenues are going downhill. There is an
opportunity with the rare earth minerals. Sibanye-Stillwater is doing some things that might fit in
with this. Stay tuned.
o Molly: What is outlook for rare earth minerals in our region? What is available?
▪ Steve: Looking to tail the fly ash ponds, but there are residual rare earth minerals in
the coals. China has a lock on the market of rare earth minerals, so this could be an
opportunity to return an industry to USA.
o Mel asked Randy:
▪ He said they are tracking some of the rare earth minerals and are looking at it a bit –
nothing local, but it’s on their radar.
o Steve said there are some pockets in a few counties. Places friendly to mining have a leg up.
It’s good to have a backup plan in interest of national security.
Joliet Funding Request (Steve)
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• We’ve done community assessments in Big Timber, Laurel, Lockwood, and Red Lodge. We haven’t
helped financially, but based on Joliet’s size, they are asking for some help to do a community
assessment.
o Bill asked about the one in Red Lodge. It was before Steve’s time and even before Sue. Jillann
thought it was with Chris Mehus.
o Steve said this would fit in the CRDC budget.
o Ryan suggested the Board give the Executive Committee a dollar amount to consider & vote
on.
▪ Steve said Joliet Town Council is meeting on Monday night and will vote whether or
not to fund the entire thing.
• Follow-up Note: Joliet Town Council DID approve funding.
• Bill: How is this different than a growth policy?
o Steve: Former mayor brought beautification project (to improve facades on Main Street), there
is a Bozeman Trail crossing there, etc. Trying to get more community involvement. It’s a
small step in the idea-friendly method.
▪ Deb said she took the mayor and others out in Joliet on Monday to look at things they
could do. They got excited about possibilities.
▪ Joel said Red Lodge did Main Street revitalization back in 1986, updated in 2006. It
brought together a group of people, increased involvement, and gave them a document
to look back on. Joliet has none of these things, so this process could be very helpful.
o We will wait to see what the City Council decides this week.
Staff Reports – Program/Project updates
1. Food/Ag Program – Joel Bertolino
a. Value-added producer grants – 2 projects referred to us by USDA. Both were direct-market
beef projects. Both grants for operating capital to expand business. One in Big Horn County,
one in Sweet Grass. Sweet Grass one was completed and sent in, so we’ll see.
b. FADC refunding:
i. Background: For a long time, we had to fight for funding every year with legislature
and would get one-time funding. Finally got statutory funding. There were 4 centers,
then expanded to eight 2 years ago with more funding. Every year there are more
organizations who want their piece of the pie.
ii. More organizations this year, so there will probably be cuts. There is talk of the Dept
of Ag taking funding for administration, which they haven’t done in the past. BRCD
may take a cut for the FADC.
c. MT Ag Resiliency Program – ARPA funding for ag projects. Proposal on how to allocate
those funds. Looking at Covid-impacted businesses especially.
i. We have 6 businesses already interested in those funds if available.
d. GTA Projects – funding opens in July and is usually due in November.
i. Joe Murdock
ii. F Bar 3 Vineyard
iii. JWK Enterprises LLC
iv. Basin Inc. – just completed working with them. Asked for about $100K
v. Charter Ranch Vermicast Soil Amendment – process where they develop soil in an all-
natural way to generate low-quality soils.
vi. Yellowstone Valley Food Hub – received $20,000 GTA to expand operations.
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vii. Pryor Mountain Wind Farm – completed. It was the first project Joel worked on when
he came to BRCD in 2007. $400M project. 6M went directly to local governments.
Local land owners are getting paid well for having turbines on land.
viii. 406 Bovine – great project. Check out the Youtube video: Montana AgTech Showcase
- 406 Bovine - YouTube. Can identify sick animals sooner, source-verify, etc. This
technology would be a huge jump from the tags they use now.
ix. Stillwater Packing / Emmett’s Meats – one of 3 to receive MT Meat Processing
Infrastructure grant last summer. Slow expansion.
x. Pioneer Meats
xi. Miller’s Customer Processing – received $104,000 to expand their space. Done with
shell and now trying to expand cooler space. This is the choke point for the processors
due to aging beef. If he can complete this, he can process 3-4 times more animals.
e. Workforce has become a big issue for these businesses – can’t find workers, and that will
hamper growth.
i. Jillann: She is on the 4-H Board in Carbon County, and they reserved spots for next 5
years just to ensure they will have a processing facility.
ii. Joel: Large demand on direct-market beef, especially in the last year. Markets are
growing, but you can’t build a direct market in meat without timely processing.
iii. Controlled Environments Construction: Good conversation with Gary Guesman this
morning. Project is still moving forward. Have purchased 2 sites for a medium-sized
processing plant (big for the state of MT). This would be a huge change – 500-
1000/week kill facility for Montana-branded beef. This is a great opportunity.
iv. Yellowstone Region Ag Sustainability Project – great project. Public/private with
Western Sugar, Miller-Coors, and 3 counties. Received $500-600,000 over the course
of 5 years. One final project, and then it will be done. This dealt with conservation of
water to produce beer products and soil erosion – helping farmers to develop new
technology without the huge cost. Incentivized farmers using gated pipes to change to
pivot irrigation that can be controlled from smartphone – and this prevents
overwatering. Also put some drip tape on some. Trying to schedule some tours this
summer. One producer was amazed at how quickly he could get a quarter-inch in
fields; he had been overwatering, so he conserved water and can be more sustainable.
1. Dan: They are looking more at underground drip irrigation, which prevents the
loss of water through evaporation.
v. Becky’s Berries: We’ll tour today, but Steph Ray and Joel both helped her with grants
last year. Becky received both.
2. Revolving Loan Fund – Jillann Knutson. See above.
3. Economic Development/ CRDC – Steve Simonson
a. Pg. 21: Affordable Housing in the region.
i. S2A (modular homes) could develop a factory in our region.
1. $20 million investment
2. 50% return rate
3. These are NOT mobile homes. Configured in a factory.
4. Hardin, Lockwood, Laurel are possibilities.
5. Steve and Steph met with Stillwater commissioners to see if this is an option
for their county.
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6. Bozeman: 61,000 new houses needed in next 20 years. We won’t get ahead of
the curve with traditional stick-built houses. Need to find creative solutions.
We’re losing affordability for first-time homebuyers.
7. Considering sites in Stillwater County and Laurel. Didn’t have enough
infrastructure in those places. We have one-time money with ARPA and need
communities and county leadership to look at some planning opportunities to
have shovel-ready sites.
b. Joint Planning Meeting – see packet.
i. Big Sky EDA invited us to this.
ii. Public Safety, Infrastructure, and Quality of Life
1. Joel: Great meeting because they had county, city, chamber, BRCD all at the
table. No silver bullet, but the leaders came up with some tangible goals and
steps to take going forward.
Regional Roundup – News and updates from regional members on projects and activities in key CEDS
categories…. (see topics on next page)
Infrastructure (Housing, Transportation, Broadband)
Economy (Upturns or downturns in industry sectors, New business openings or closures)
Communication (Marketing and Outreach)
Services (Healthcare)
Natural Resources (Agriculture, Energy)
Human Capital (Workforce, Education)
• Lorene: SBDC received CARES money and used some for training. They are creating a documentary
to be filmed and produced this summer – inspiring entrepreneurs in unexpected places. Big Timber,
Harlowton, Red Lodge, Big Horn County, Billings – people who started from ground up, what they
faced in Covid, how they pivoted. We hope it’s inspiring as well as educational and entertaining. Will
be shown in theaters in Big Timber, Harlowton, Red Lodge, Hardin, and Billings.
o Medical School was approved to come to Billings. Big step forward. Plenty of hurdles past
and present, but a good thing.
• Marvin: Trains going in and out in Laurel. 5 different trains going east. Going to get a power plant in
Laurel – NorthWestern is putting it in. Marvin is encouraging the City to put in new water towers to
expand west, but he isn’t sure if they will listen. Producing oil/gas and thriving.
• Steph: New lumber store is opening tomorrow. Pinnacle Properties just opened. Working with local
property owner to utilize a Brownfields site for a new brewery. Working with Steve on Bozeman
Trail. EDA Road project. Feasibility study for a business park and to address infrastructure needs – a
huge need here.
• Barb: Yellowstone Conservation. This morning had a realtors’ workshop dealing with permits in
selling land on the Yellowstone. There were about 100 people there. Very successful, lots of good
questions on restrictions. They are planning to have more of these in the fall. Barb asked if Jillann
would like to present, and Jillann said yes.
o Also have a pollinator workshop and soil workshop in June.
o Lots of 310 permits. Barb brought the 310 booklets if anyone would like one.
• Dan: 310 permits. Purpose is to manage navigable stream flows within jurisdiction of property
owners. Deals with construction where erosion happens. The conservation districts in each county are
responsible to help landowners with those projects. For example, one application had a picture of
their garage hanging over the river bank where there was erosion. Work with Fish and Game and
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Army Corps of Engineers to visit the application site and talk with them about how to proceed, who
to help with the project, and stabilize areas. Part of challenge is remote areas where people aren’t
attuned to if they need a 310 permit. Education is important – let people know there is help available
in managing their property on a stream.
o Big Horn County put out about 400 trees this year – to stabilize soil and improve habitat.
o Doing a cover crop cost share – 40-acre applications to introduce cover crops to people
farming.
o When winter comes, freezing temps break out soil, making it erodible.
o Inspect all watercraft for invasive species.
o Managing a grant on underground rechargeable studies – put together by Montana Tech. Have
some monitoring wells and where water comes from.
o Local work group – NRCS and BHC developed a survey to mail out.
o Working with NRCS, DNRC, FWP, BIA, Army Corps of Engineers, Big Horn River
Alliance.
o Partner with MT Salinity Board. Easy to identify in spring when the white salt fields emerge.
Makes it tougher for vegetation to grow.
o Managing reserve water.
o Biological Weed Pollinator program.
o 4-H programs: They make two awards available to 4-H fair. Over the years, there has been
less and less interest in conservation-related projects with young people. Trying to pump up
interest in this.
o Conservation is the wise use of resources.
• Randy Weimer – Sibanye-Stillwater Mine.
o A little more normal after Covid.
o Very challenged with supplies – tough to get stuff in. Common for things to be 8-12 months
out.
o Markets are good.
o Expansion projects are proceeding. Hoping to wrap up in mid-2022.
o Employment is about the same. 1800. Plus 500 contractors. Trying to fill 200 positions, which
is challenging (including where they will live!).
• Steve Riveland:
o Stillwater County is busy. Feasibility study for business park.
o Moving ahead with law and justice center planning and more toward community awareness
gathering information.
o Thanks to Steph Ray – she works hard for us.
o Infrastructure, projects, City take up most of time.
o Thanks to Randy & Mine for tour of tailing pond
• Bill Foisy:
o Beartooth Highway opens a week from tomorrow.
▪ During its open months, Red Lodge does about 40% of their resort tax.
o MDT – 5-year state-approved program. Double-check this.
o New businesses in Red Lodge:
▪ East Rosebud Fly Shop
▪ Pizza Co is remodeling. Tom remodeled the Pollard.
▪ Roosevelt Center is completely full.
▪ True Value changed to Ace.
▪ Marketing – City got MT Main Street grant for parking and access study at Roosevelt.
Nonprofit got grant for trail access.
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▪ June 22: Deadline to submit names for local elections. Either run or find someone to
run.
• Holly Higgins – First Interstate Bank
o Visited Center Pole outside of Garryowen yesterday. Limited sources for food. It’s their own
food bank. It is also a local flea market. Lot of people coming in and out. The people running
it want someone to do landscaping to get water to where they want it. They have free food &
are doing a lot for the community. Bringing in solar. Any possible grants available for them?
• Ryan VanBallestrooyen – Job Service.
o Back to 3-4% unemployment.
o Many have left the workforce, so it’s worse than before.
▪ Some don’t have childcare.
▪ More women than men on UI now.
o Some who were going to retire in 2010 but didn’t have now retired.
o Workforce issues are getting worse.
o Real wage growth in MT is top 5 in nation, but housing has outpaced that.
▪ This happened even during Covid.
o Employers have to step up their game.
▪ Metaphor of using rice cooker, but employers are saying use the microwave.
o All tied together – we need housing for workforce, need new innovations, and still need to
balance it all.
o Come live in Montana – our message to tourists to try to beef up our workforce. But we need
housing!
o Job Service took 50,000 calls in April through July on unemployment.
o End of June = regular unemployment (no more extras), so hopefully that will get some people
back to work.
Next BRCD Board of Directors Meeting: July 15th, 2021: Joliet Luncheon
Adjourned at 3:07 – Tour of Becky’s Berries’ new processing facility
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Beartooth Books- Reporting Ending April 2021
Budgeted Actual
%
of budgeted
Income
AG-FOOD AND AG CENTER 85,007 38,728 46%
AG-MCDC 1,000 0 0%
BOARD - EDA SPONSOR DUES 55,907 42,664 76%
BOARD-INTEREST INCOME 400 10 3%
BOARD-FOUNDATION MONEY 3,700 3,372 91%
RLF-STAFF REIMBURSE 18,000 0 0%
RLF-ORIG FEES 5,000 0 0%
CRDC 71,907 0 0%
MISC GRANT ADMIN $ 10,750 0 0%
EDA - GRANT 70,000 0 0%
NOT BUDGED INCOME - 354,999 0%
TOTAL INCOME 321,671 439,773 137%
Expense
TOTAL STAFF EXPENSE 256,044 83,166 32%
COMMUNICATIONS 6,000 3,175 53%
EQUIPMENT & VEHICLE 8,520 1,110 13%
CONTRACTUAL 21,220 322,166 1518%
SUPPLIES 9,800 3,758 38%
TRAVEL 10,140 262 3%
OTHER 8,430 6,708 80%
RESERVE -
EXPENSE TOTAL 320,154 420,345 131%
Account Balances
Bank of Joliet-Building Account $4,474.10
Bank of Joliet- Savings Account $75,422.56
Bank of Joliet- Checking Account $130,057.33
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Revolving Loan Fund Books- April 2021
Loan Client Review
County # of loans $ Loaned out
Big Horn 2 $170,289
Stillwater 3 $429,198
Yellowstone 8 $388,027
Carbon 2 $20,900
Sweet Grass 2 $173,312
• A $200K loan was for Yellowstone County. This will not be funded until Spring 2021.
• I had a loan paid off in May.
• Loan activity is very slow, people are holding out to see if and what grants might be available.
• Work is being done to de-federalize the EDA funding, I hope to have this completed and approved
soon.
Bank Balances as of April 2021 Total available for lending
Bank of Joliet- EDA $38,195 38,195
Bank of Joliet-CDBG $381,999 381,999
Bank of Joliet- IRP $373,224 118,612
Bank of Joliet-Fromberg $29,836 29,836
$568,642
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Beartooth Books- Reporting Ending June 2021
Budgeted Actual
%
of budgeted
Income
AG-FOOD AND AG CENTER 85,007 59,495 70%
AG-MCDC 1,000 0 0%
BOARD - EDA SPONSOR DUES 55,907 42,664 76%
BOARD-INTEREST INCOME 400 99 25%
BOARD-FOUNDATION MONEY 3,700 3,372 91%
RLF-STAFF REIMBURSE 18,000 0 0%
RLF-ORIG FEES 5,000 0 0%
CRDC 71,907 17,961 25%
MISC GRANT ADMIN $ 10,750 0 0%
EDA - GRANT 70,000 0 0%
NOT BUDGED INCOME - 355,149 0%
TOTAL INCOME 321,671 478,740 149%
Expense
TOTAL STAFF EXPENSE 256,044 124,969 49%
COMMUNICATIONS 6,000 4,426 74%
EQUIPMENT & VEHICLE 8,520 1,879 22%
CONTRACTUAL 21,220 326,931 1541%
SUPPLIES 9,800 6,274 64%
TRAVEL 10,140 963 9%
OTHER 8,430 8,798 104%
RESERVE -
EXPENSE TOTAL 320,154 474,240 148%
Account Balances
Bank of Joliet-Building Account $4,475.22
Bank of Joliet- Savings Account $75,470.79
Bank of Joliet- Checking Account $115,738.62
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Revolving Loan Fund Books- June 2021
Loan Client Review
County # of loans $ Loaned out
Big Horn 2 $169,575
Stillwater 3 $429,149
Yellowstone 7 $370,720
Carbon 2 $20,900
Sweet Grass 2 $171,580
• A $200K loan was for Yellowstone County. This will not be funded until Spring 2021.
• One Yellowstone Co loan was paid in full in April.
• Loan interest is very slow. I have been doing a lot of promotion.
• Work is being done to de-federalize the EDA funding, I hope to have this completed and approved
soon.
Bank Balances as of June 2021 Total available for lending
Bank of Joliet- EDA $39,417 39,417
Bank of Joliet-CDBG $396,566 396,566
Bank of Joliet- IRP $377,451 377,451
Bank of Joliet-Fromberg $29,859 29,859
$842,885
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FOOD AND AG CENTER MANAGER REPORT
FOOD AND AG CENTER PROJECTS
Beartooth FADC
Beartooth FADC activities have been focused on assisting producers with the new USDA funding for food
chain resiliency and waiting on the Montana Ag Rescue Program funding updates as well as conference calls
with the Dept of Ag we have scheduled a visit with Stillwater Packing to introduce the Montana
Manufacturing Engineer for our Region Lane Gobbs.
Growth Through Ag Projects
Beartooth FADC has worked with several businesses Growth Through Ag grant some of these will have an
opportunity to be granted funding and we will continue to assist them in completing their business
expansion projects.
Business/ Project Name: Joe Murdock
Contact- Joe Murdock
Location- Lodge Grass, MT
Joe Murdock farms acreage in southern Big Horn County and raises sunflower and safflower. Beartooth
FADC has been in discussions with him on finance opportunities to purchase equipment to bag the seed for
sale as bird feed to supplement his farming operation. He is looking at developing a Growth Through Ag
grant for the next cycle in the fall of 2021.
Business/ Project Name: F Bar 3 Vineyard
Contact- Kasey Krum Felder
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Location- Laurel, MT
F Bar 3 Vineyard is a small family owned vineyard in Yellowstone County growing hybrid grape varieties
including Frontenac, Marquette, Itasca, Petite Pearls and Crimson Pearls. Beartooth FADC is working with
MMEC Engineer to visit the vineyard for an introduction.
On Going Projects
Business/ Project Name: JWK Enterprises LLC
Contact- Justine Kougl
Location-Busby, MT
The Kougl family raises grass fed hormone free beef in Big Horn County and is developing a profitable
business that adds value to their beef production busines s. This project takes the raw commodity of beef
cattle livestock and changes the physical state to packaged, labeled for re-sale meat products. These
products will be marketed as grass-fed grain-finished, locally grown, and made/produced by an American
Indian. Beartooth FADC is assisting this business with a USDA Value Added Producer Grant application to
help them expand their business to increase the number of animals processed and sold in an effort to meet
increased demand.
Business/ Project Name: Basin Inc
Contact- Judy Edwards
Location-Big Timber, MT
The Hagerman family raises natural grass fed beef in Sweet Grass County and is developing a fresh beef
business that will add value to their beef production business. These products will be marketed as grass-
fed locally grown beef. Beartooth FADC is assisting this business with a USDA Value Added Producer Grant
application to help them expand their business to increase the number of animals processed and sold in an
effort to meet increased demand for local beef.
Business/ Project Name: Charter Ranch Vermicast Soil Amendment
Contact-
Location-Sheperd, MT
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The Charter Ranch has developed a regenerative vermicast soil amendment using the cultivation of worms
adding non-chemical nutrients to soil. Beartooth FADC assisted them with the development of a Growth
Through Ag Grant that was funded for $14,000 to expand their operation.
Business/ Project Name: Yellowstone Valley Food Hub
Contact- Schahczenski
Location-Billings, MT
The Yellowstone Valley Food Hub is looking to expand their business and add space for aggregating locally
produced foods. Beartooth FADC assisted them with applying for a Growth Through Ag Grant that was
approved for $20,000.00 to expand.
Carbon County Pryor Mountain Wind Farm
Location- Warren, MT
Contact- Pacificorp
The wind development South of Bridger, MT is nearing completion, the construction of all the wind towers
is completed and they are finishing the final phase of the project with all the towers erected the project is now
completed.
Business/ Project Name: 406 Bovine LLC
Contact- Bryan Elliott
Location-Laurel, MT
406 Bovine LLC has worked with Beartooth staff and is nearing the commercialization and launch of his Ag
Tech product. Bryan Elliott has developed a facial recognition software that can be used on computer and
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iphones to track livestock. He has produced a youtube video outlining his product that can be viewed via this
link. https://youtu.be/kTwkhUj9leA
Stillwater Packing Co/ Emmett’s Meats
Location- Columbus, MT
Contact- Jason Emmett
Stillwater Packing has been working through an increase in business due to the COVID 19 having shut down
some large national meat plants shifting some buyer interest to smaller plants like theirs. Beartooth FADC
staff assisted them with a proposal for funding to expand their business through the Montana Meat
Processing Infrastructure grant their proposal was funded late in August. They are now working on a USDA
Meat and Poultry Inpection Readiness Grant.
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Pioneer Meats
Location- Big Timber, MT
Contact- Brian Engle
Pioneer Meats received a Montana Meat Processors Infrastructure grant of over $100,000.00 which will
allow them to expand their meat processing business, they have purchased another meat processing location
in Big Timber that will allow them to process wild meat at one location while expanding their beef, pork,
bison and lamb processing at their main facility. Beartooth FADC staff will continue to work with Pioneer to
utilize any new funding opportunities in completing their expansion, they are working on a USDA Meat and
Poultry Inspection Readiness Grant.
Millers Custom Processing
Location- Roberts, MT
Contact- Tom Miller
Tom Miller became a custom exempt meat processor approximately three years ago and has experienced an
increase in demand every year and a dramatic increase in demand lately for processing Beef and Pork. FADC
staff assisted him with the development of a Montana Meat Processing Infrastructure Grant for equipment
and building a larger processing space that will increase his cooler space. They had purchased and installed
the equipment and were close to completing the construction portion of the project when a fire started in the
plant and their plant and house were lost to the fire.
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Controlled Environments Construction
Contact- Gary Guesman
Gary Guesman is working with Big Sky EDA the Department of Ag and Beartooth FADC on their potential
300-500 head a day meat processing project they are interested in developing in the Yellowstone County
area. Beartooth FADC staff met August 21st to discuss the project and initial steps and potential barriers to
the project with Allison Corbin, Ty Thompson, Joe Goggins, Weston Merrill from Montana Department of
Ag as well as Gary Guesman. Beartooth FADC staff look forward to the potential to utilize MARP funding
to assist with this project and we have sent them the information on the USDA Meat and Poultry Inspection
Readiness Grant however it appears this grant is only for existing businesses.
Yellowstone Region Ag Sustainability Project- RCPP
Location- Huntley,
Contact- Dave Dougherty
The group had their last meeting in September, to discuss the final reporting for the project and the success
of the funded projects. The final reporting completed by NRCS shows the positive impacts this project has
had on value added agriculture. The final summary of the economic impacts of this project was submitted
to us by NRCS and is on our website for review and we have met with the group to determine the final
reporting and the possibility of having field tours of the projects this summer .
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Becky’s Berries- Absarokee, MT
Location-Absarokee
Becky Stahl has been a client of Beartooth for several years and we last assisted her with development of an
expansion plan for her Jams, Jellies and Barbeque sauce business. She has completed construction of the
facility. Beartooth staff assisted Becky with the development of a successful Ag Adaptability Grant for
$9,000.00 for a makeup air system in her new processing facility and a commercial food processor. She has
installed the commercial food processor and the new makeup air system has been installed. We had an
excellent tour of Beckies new processing plant and looked at possible future needs for their business.
Potential New Projects
Yohannes Tedesse- Billings
Beartooth Fertilizer-Red Lodge
Crazy Peak Brewing-Big Timber
Cory Wilson Mushrooms- Billings
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Economic Development Director Report for May 2021
Regional projects on the CARES ACT economic recovery plan continue. Interviews with key
businesses and housing service providers in the region are underway on the affordable housing
study. Partner meetings with Big Sky EDA, Big Horn County, and Red Lodge Area Community
Foundation housing committee continue. The Billings Area Realtors Association reports an annual
shortage of 1400 new homes and an additional 700 will be needed if the new medical school
comes to Billings. Discussion with a modular home building system (S2A) is underway. A possible
CDBG/BSTF or other planning grant may be sought in June for a feasibility study.
Deb Brown, with Save Your Town, continues to host watch parties with interested Chamber
directors, staff and businesses in the region. Deb plans to attend the BRCD board meeting in May
and I would encourage you to ask questions on the targeted sm all business recovery efforts
underway.
The third leg of the CARES Act funding with Big Sky EDA taking the lead continues to explore and
develop economic recovery efforts primarily in Yellowstone County. A joint strategic planning
session is scheduled for Thursday morning in Billings with City/County elected officials, board
members, and staff with BSEDA, BRCD, Billings Chamber and Downtown Billings Alliance.
The initial CDBG public hearings have been held in all five counties in our region. An additional
round of planning grant funding was recently announced with applications due by June 18 th to the
Montana Department of Commerce.
County specific projects underway:
Big Horn County: Progress continues on the affordable housing calls with city and county elected
officials. A grant to establish a full time Economic Development and Housing Director Position was
submitted to USDA Rural Development. We won’t know until September/October if the grant
application was successful. Interactions with tribal economic de velopers continue with coordination
of economic recovery efforts and remote worker training. A business lead was responded to by Jeff
McDowell and me for the Hardin Industrial Park that would create 125 new jobs.
Carbon County: Projects include the regional detention center, wind farm, business assistance in
Edgar and Bridger are underway. Joliet has formed a community improvement group to spruce up
Main Street. A community assessment through the Montana Economic Developers Association
(MEDA) is under discussion in order to get the Montana Main Street program application submitted
later this year. $25,000 is available through the Montana Main Street program to assist a
community with a project that was identified through the community review process. Commun ity
housing and workforce shortages continue to dominate the discussions in Red Lodge.
Stillwater County: The Sandstone School Big Sky Trust Fund application was approved. MT
DOC is reviewing the bid document from High Plains Architecture which was determined by the
review committee to be the best bid and fit the budget. I have discussed assisting the City/County
with a planning grant for a business/industrial park that could be the location of S2A modular house
building system. A Targeted Economic Development District has been mentioned to the County as
a possible economic development tool to consider.
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Sweet Grass County: A housing developer met with me who is considering building up to 43
homes near the City limits of Big Timber. I’ve asked the developer to submit the required
documents for the subdivision to the County planner before we can get involved further in the
discussion of assisting with grant or loan programs.
Yellowstone County: Regional economic recovery efforts dominate the discussion and meetings
across the county. The Laurel west interchange project, using the BSTF was approved for a
feasibility study on industrial/commercial development and infrastructure is taking shape. I’m
waiting on the City for documentation of the procurement proc ess to hire the existing engineering
firm KLJ, and the scope of work as part of the requirements before starting the project.
New Funding: EDA has informed us that additional money will most likely be going to the State
and not the 11 Economic Development Districts as originally reported. In addition, the State will be
also be supplementing local funding as the rules most likely will be announced after the current
legislative session.
As a side note, BRCD has had as much business development activity in the first quarter as we
experienced all of last year. This has led to discussing a tracking system to keep everyone
informed about projects and progress so that clients don’t slip through the cracks.
Respectfully submitted,
Steve Simonson
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Frequently Used Acronyms
BEAR – Business Expansion and Retention
BIA – Bureau of Indian Affairs
BLM – Bureau of Land Management
BRCD – Beartooth RC&D
BSEDA – Big Sky Economic Development Association
BSTF – Big Sky Trust Fund
CDBG – Community Development Block Grant
CRDC – Certified Regional Development Corporation
CEDS – Comprehensive Economic Development Strategy
CTEP – Community Transportation Endowment Program
EDA – Economic Development Administration
EDD – Economic Development District
ESRI – Environmental Systems Research Institute, Inc.
GIS – Geographic Information Systems
GPS – Global Positioning System
HOME – Montana Home Investment Partnerships Program
HUD – US Department of Housing and Urban Development
IRP – Intermediary Relending Program
LESA – Land Evaluation Site Assessment
MBI – Montana Board of Investments
MDOC – Montana Department of Commerce
MDOL – Montana Dept. of Labor
MDOT – Montana Dept. of Transportation
MDFWP – Montana Dept. of Fish, Wildlife and Parks
MEDA – Montana Economic Developers Association
NADO – National Association of Development Organizations
NCOC – National Carbon Offset Coalition
NHS – Neighborhood Housing Services
NRCS – Natural Resource Conservation Service
RBEG – Rural Business Enterprise Grant
RBOG – Rural Business Opportunity Grant
RC&D – Resource Conservation & Development Area, Inc.
RCDI – Rural Community Development Initiative
RD – Rural Development (a division of USDA)
RCPP- Regional Conservation Partnership Program
RLF – Revolving Loan Fund
RTA – Resource Team Assessment
SBA – Small Business Administration
SBDC – Small business Development Center
TIFD – Tax Increment Finance District
TSEP - Treasure State Endowment Program
USDA – United States Department of Agriculture
USFS – United States Forest Service
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File Attachments for Item:
10. Council Workshop Minutes of June 15, 2021.
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File Attachments for Item:
11. Public Works Committee Minutes of May 17, 2021.
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File Attachments for Item:
12. City/County Planning Board Minutes of December 16, 2020.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, DECEMBER 16, 2020
5:35 PM
ONLINE - JOIN WITH:
HTTPS://US02WEB.ZOOM.US/J/89615296211?PWD=RJLEEKM4DXRRS1Y3
EUFTUJLLY2R0UT09
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 5:38pm.
Dan Koch
Kon Klasna
Ron Benner
Gavin Williams
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: October 21, 2020
The Chair moved the Minutes to the front of the agenda. (previously 3rd on the agenda)
Members reviewed the Minutes from October 21, 2020.
Jon Motioned to accept the minutes as written
Ron Seconded.
Motion Carried.
3. Public Hearing: Conditional Land Use Permit - Soda Station
Nick read through the staff report, presenting the situation and staff findings. The Applicant was not
present at the public hearing.
Planning Board Members discussed the Conditional Land Use Permit.
Ron Benner:
Traffic flow doesn’t make much sense due to the location of the kiosk. Which side of the barrier is it on?
This could be a big traffic problem due to pedestrian traffic. May create a hazard due to the direction of
traffic.
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There is a barrier between Dominos and Ricci’s so there could be an issue.
Members discussed how a more central location on the rear lot would allow for easier turn-around and
flow.
Members raised concerns regarding the lack of water/wastewater services. It is an unfair business
advantage due to lack of full taxes paid to the city. Kiosks do not have the same costs as brick-and-
mortar stores and businesses.
Biggest concern is traffic. Can’t see a way to get the traffic to work.
Gavin Williams: Do not think it is our job to be traffic police.
Jon Klasna: Can we put a time limit on the length of use of a kiosk?
We can place conditions on the Conditional Land Use permit. This can include some of our concerns
including:
• Applicant must utilize city waste hauling services.
• Applicant must create an agreement with nearby property for bathroom services.
Jon: Possibly set the kiosk off a lane width from the alleyway and create a turn-around area.
Dan Koch: The applicant is using everyone else’s accesses to get to the stand.
Nick: We could set a time limit for the use, possibly one year.
Ron: Anticipate that there definitely will be walk ups to the stand.
Jon: Are they going to build it on site, or have it be pre-fabricated?
Ron: Suggests we postpone a recommendation to City council until the Applicant can attend the meeting
and answer some questions.
Members discussed the property owners nearby.
The Chair closed the public hearing.
Ron Motioned to table the item until such time that the applicant can attend to answer additional
questions.
Dan Seconded.
Jon, Dan, Ron, Judy voted in favor.
Gavin voted in opposition.
Motion Carried.
New Business
4. Sign Review - Fiesta Mexicana
Nick presented the item.
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Jon was concerned about the location of the sign.
Gavin made a motion to approve the Sign Replacement for Fiesta Mexicana
Ron Seconded.
Motion Carried.
5. Chevrolet Sign Replacement
Nick Presented the Chevrolet Sign relocation. Provided background history. Judy provided additional
background from her time on the Board. Nick suggested that the Electronic Message sign be shut down
until such time that a variance can be applied for.
Gavin: Could we find another way to shut down the sign? We don’t need the kind of optics that
businesses are going out of businesses. Would like to give a softer answer, possibly develop a
timeframe.
Members discussed the relocation and the possibility of a variance being applied for.
Gavin Motioned to approve the sign relocation with the condition that Chevrolet will apply for a
variance for the current Electronic Message Board sign within 6 months and accept the ruling or shut the
electronic message board sign down.
Jon Seconded.
Motion Carried.
Old Business
6. Goldberg Sporting Estates Subdivision
Nick provided an update on the Goldberg Sporting Estates Subdivision, including background for Gavin
who was not present at the public hearing in October. Nick suggested a motion to deny Goldberg
Sporting Estates Subdivision as presented due to a denial of variances by City Council.
Members discussed the situation and how it can move forward positively. Nick provided information on
the Subdivision regulations and timelines for review.
Ron Motioned to have the Planner and City Staff communicate to the developer that the current design
is ineligible, and a resubmittal of an updated subdivision design is required.
Dan Seconded.
Motion Carried.
Other Items
7. Upcoming Projects Discussion
Nick provided a brief update on projects that are under discussion.
Announcements
8. Next Meeting: January 20, 2020
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9. Adjourn
Ron Motioned to adjourn.
Dan Seconded.
Motion Carried.
Meeting adjourned at 7:14pm.
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:
13. City/County Planning Board Minutes of May 19, 2021.
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File Attachments for Item:
14. City/County Planning Board Minutes of June 16, 2021.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, JUNE 16, 2021
5:35 PM
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
No Quorum. No Meeting.
General Items
2. Approve Meeting Minutes: May 19, 2021
3. Public Hearing: Bitterroot Grove Townhome PUD
New Business
Old Business
Other Items
4. Upcoming Projects
Announcements
5. Adjourn
6. Next Meeting: July 21, 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 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. Laurel Urban Renewal Agency Minutes of June 21, 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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File Attachments for Item:
16. Laurel Urban Renewal Agency Minutes of June 28, 2021.
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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:
17. Safety Committee Minutes of July 21, 2020.
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File Attachments for Item:
18. Safety Committee Minutes of June 16, 2021.
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Safety Committee Meeting – June 16, 2021, 11:00 AM
Council Conference Room
In Attendance: Justin Baker, Karen Courtney, Thomas Henry, Nathan Herman, Kurt Markegard, Matt
Wheeler, Nancy Schmidt (11:04), Jay Hatton, Stan Langve, HP Nuerberger, Mandi Crable
Absent: Brent Peters, Nick Altonaga, Fran Schweigert
Meeting called to order @ 11:00 AM
Approval of minutes – July 21, 2020, meeting minutes
o Motion to approve made by Stan Langve, seconded by Justin, Committee voted
unanimously to approve – motion passes.
Old Business
o Employee Safety Concern from 11/9/2020 concerning the medical supply cabinets
needing to be restocked. The concern was noted and had been resolved after received
by plant supervisor.
Review of Injury and Liability Claims – 4 claims from 2021 to be reviewed
o Due to length of time since the last meeting, because of CoVid, the claims that had been
received in 2020 will not be reviewed. Discussion will only be on those received in 2021.
While driving city vehicle hit a pothole, struck head on roof of truck – causing
neck to hurt. No Treatment. Matt stated he had heard nothing more since
turning in report to Karen. Karen stated she has not seen a claim come through
MMIA at this time. Justin asked where the pothole was so that it could be
addressed, Karen stated it was at the Billings landfill.
Fell backward out of city truck, hooked ankle during fall causing employee to
land on back. – Dr. ordered off work for 4 days. This included the weekend so
two days of work were missed, and employee returned to work following week
with no further issues. This happened on the Tommy‐Lift while doing can work.
Foot slipped while getting into City vehicle, putting full weight on other knee –
causing reoccurring pain. No Treatment. Has not came up on claims at this time.
While closing door at main shop, wind gust caught door and smashed finger
between door and frame – laceration and injury to finger. Medical treatment.
Door has been rebuilt and redone so that there will be no further issue with
possible injury. Door was reconfigured so that the knob is not so close to the
frame removing pinch point and there was a bracket placed on door to control
closing speed so that it prohibits slamming of the door during high winds.
There were 2 property Liability claims that Karen is aware of filed with Bethany,
however she has not received copies of those claims for review by committee.
Justin stated one of the claims was when he had backed into a car when
on a call at night. Was not turned into insurance was paid to have
vehicle fixed.
New Business
o Workplace hazards Report – Karen had been asked about the forms and wanted
everyone to be aware that the forms are in the back of the Safety manual and can be
copied or a PDF of the form can be sent so that they can be printed as needed. If
someone sees a hazard, such as the door for example, they can write that in on the form
and it can be given to Karen or their supervisor. Reports are reviewed to see if it is
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something that the Safety Committee needs to review and make recommendation on
fixing or if continuing issue, such as medical cabinets being short stocked, to reset
scheduled times for refilling or adding a second or larger one than what is provided.
o Self‐Inspections – Safety Audits: State came through on inspection and they are having
this as a focus item. Created safety Audit form – Karen will be sending out to everyone
there should be at least one per year per building. Department Heads will receive the
form should have someone do the audit and then bring the inspection to the safety
meeting. We have done one already at the cemetery building. Very simple yes/no
questions, supervisors sign off and we keep on file for the State of Montana.
o Safety Policy Acknowledgement forms – Still have several people that we have not
received from. Karen brought a list showing who has not given her one. Also, with PD
and Fire do not have all the names of people so unsure who she may be missing. The
problem is when people are getting hired, they are not being sent to Safety Officer to
get their policy and safety orientation materials.
Other Concerns or comments
o Library – Have some doors that they took the closers off because they were not working
correctly and do not have the know how to reinstall them correctly. Matt stated that if it
did not need to be done right away, he can find someone to come over and take care of
it for her. Justin said they may be able to get it taken care of this afternoon.
o WWTP – Large pothole that needs to be fixed. Kurt stated he will see if it can be added
to the budget to get it repaired, currently there is a candle where the pothole is.
o PD – The issues are on a grander scale, due to lack of space at PD. Attic ladder is rickety
and they have no alternative but to use it for storage. Also, the fire hazard of having so
many officers and desk packed into one room is a hazard. Stan stated they do not even
have space to install a first aid kit due to the overcrowding.
o Fire Alarm companies have gotten back to Karen and are ready to go over their quotes
to install.
o Kurt shared story from recent interview where someone had been asked – “If you saw
something that would cause another employee’s safety to be compromised would you
do anything?” and his response was “If it was safe for me to do so.” So wanted to
reiterate to everyone is do not put yourself in danger and cause more issues and 2
people now at risk rather than one. You are responsible for your own safety.
o EMS – Mandi stated that they are working on the sleeping quarter space and addressing
the concern of egress that Karen had brought up.
Next Meeting
o Karen stated she would look at dates for September and December on a Wednesday at
11:00 am
Adjournment – Meeting Adjourned at 11:25 AM
Karen Courtney, Safety Officer
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File Attachments for Item:
19. Park Board Minutes of June 3, 2021.
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June 3, 2021
Laurel Park Board Meeting
Started 5:35 PM by Scot Stokes with Irv Wilke, Jon Rutt, Evan Bruce, Phyllis Bromgard, Richard Herr, and
Matt Wheeler.
No Public Comment
Irv moved Evan 2nd to approve the minutes of the May 6 meeting.
New Business:
Nick Altonoga explained the options available for selling a piece of park property on W 12th Street to Ron
and Todd Harmon to extend 13th Ave into a new parcel with 12 lots for homes. The Park Board
requested any proceed be left to the Park Budget for improvements at other parks.
Richard Close from the American legion wanted to give the Park Board a heads up on the condition of 6
old light poles surrounding the legion baseball field. May need to replace. Some discussion ensued of
possible costs and who would pay for. Nothing decided.
Old Business:
Campground rules is under review by the city attorney. Signage for the Campground is being made.
Riverside Park - Repairs to Jaycee Hall to repair wiring and safety lighting were awarded to a contractor.
The new waterline to Riverside Park was awarded and should be done this year.
Pickle Ball – Group is organizing to start fundraising.
Skateboard Park group is actively raising funds and is having a fundraiser in a few weeks.
Kids Kingdom updated us on the funds raised, $90,000 towards a $150,000 budget.
No pool this summer for lack of lifeguards.
Summer mowing help has been difficult to hire and is causing the regular employees to mow.
Richard moved and Irv 2nd to adjourn.
Meeting adjourned at 6:25
Jon Rutt
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File Attachments for Item:
20. Park Board Minutes of July 1, 2021.
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July 1, 2021
Laurel Park Board Meeting
Started 5:31 PM by Scot Stokes with Jon Rutt, Evan Bruce, Phyllis Bromgard, and Richard Herr. No city
representative.
No Public Comment
No minutes from the June 3 meeting
New Business:
No New Business
Old Business:
Camping in Riverside Park was discussed and questioned why not open yet.
Jaycee Hall update: The city council would not approve the rates we recommended, so we discussed
simplifying them and the Laurel Park Board recommends the following rates for the rental of Jaycee Hall
or what we call Riverside Hall.
Small meeting room is $30.00. Large with Kitchen is $300 per day, and would require a $300 Damage
and Cleaning deposit, refundable upon inspection. Rod and Gun Club can have 12 monthly meetings in
the Small room and use the Large hall with kitchen one day for $500 per year.
It was moved by Evan and seconded by Phyllis to submit the new rates to city council and approved by
all present.
Meeting adjourned at 6:00
Jon Rutt
Next meeting is August 5, 2021
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File Attachments for Item:
21. Resolution No. R21-49: 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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R21-49 Award Bid for Purchase of Brush Truck: Midwest Fire
RESOLUTION NO. R21-49
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 July 13, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 13th day of July 2021
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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File Attachments for Item:
23. Resolution No. R21-50: 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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R21-50 Conditional Approval for PUD Application for the Bitterroot Grove Townhomes
RESOLUTION NO. R21-50
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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R21-50 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 July 13, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 13th day
of July 2021
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, 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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“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
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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)
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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
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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.
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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
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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.
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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)
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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
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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:
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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.
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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.
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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:
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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
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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
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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:___________________
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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.
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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
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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
218
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
219
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.
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1'' W1'' W1'' W LANDSCAPED LEGENDCHERRY TREELANDSCAPED GRASS
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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
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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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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
250
1
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
251
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>
252
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.
253
File Attachments for Item:
24. Resolution No. R21-51: 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.
254
R21-51 Annexation Block 6, Lots 1-12, and Block 7, Lots 1-12, Nutting Brothers Subdivision (PUD)
RESOLUTION NO. R21-51
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
255
R21-51 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
256
R21-51 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 July 13, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 13th day
of July 2021
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
257
File Attachments for Item:
25. Resolution No. R21-52: A Resolution Of The City Council Authorizing The Mayor To Sign
A Contract With Rossman Masonry LLC For Repairs To City Hall.
258
R21-52 Approve Contract Rossman Masonry LLC
RESOLUTION NO. R21-52
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 July 13, 2021, by Council
Member ______________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
13th day of July 2021.
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
__________________________________
Sam S. Painter, Civil City Attorney
259
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
260
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
261
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.
262
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.
263
5 of 5
SIGNED AND AGREED BY BOTH PARTIES ON THE 13th DAY OF JULY 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Rossman Masonry, LLC.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
264
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
265
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
266
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
267
File Attachments for Item:
26. Resolution No. R21-53: 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.
268
R21-53 Approve Contract Ace Electric, Inc. Work at the City Sewer Plant
RESOLUTION NO. R21-53
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 July 13, 2021, by Council
Member ______________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
13th day of July 2021.
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
__________________________________
Sam S. Painter, Civil City Attorney
269
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
270
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:
27. Resolution No. R21-54: 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.
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R21-54 Award Bid for Purchase of Screw Pump for WWTP.
RESOLUTION NO. R21-54
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 docu ments,
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 July 13, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 13th day of July 2021
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer,
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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File Attachments for Item:
28. Resolution No. R21-55: 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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R21-55 Award Bid for Water Tank Recoat Project
RESOLUTION NO. R21-55
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 July 13, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 13th day of July 2021
APPROVED by the Mayor this 13th day of July 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer,
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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