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City Council Packet 09.28.2021
AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 28, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-103 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 September 14, 2021. Correspondence 2. Beartooth RC&D Correspondence 3. Ambulance Monthly Report - August 2021. 4. Laurel Airport Authority Minutes of August 24, 2021. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 5. Claims entered through September 24, 2021. 6. Approval of Payroll Register ending 9/19/2021 totaling $204,606.49. 7. Approval of Payroll Register for Retro Pay for Non-Union totaling $6,877.75. 8. Council Workshop Minutes of September 7, 2021. Ceremonial Calendar Reports of Boards and Commissions 9. Budget/Finance Committee Minutes of September 14, 2021. 10. Tree Board Minutes of August 19, 2021. 11. Public Works Committee minutes of August 16, 2021. 1 12. Emergency Services Committee minutes of August 31, 2021. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s ag enda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action o n any item not on the agenda. Scheduled Matters 13. Appointment of Alan Kasemodel to the Laurel Airport Authority for a five-year term ending June 30, 2026. 14. Appointment of Timothy Frick to the Laurel Volunteer Fire Department. 15. Resolution No. R21-103: A Resolution Approving An Increase In Firefighter Call-Out Pay For The City Of Laurel Fire Department. 16. Resolution No. R21-104: A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With MP Environmental For Services Relating To Cleaning Of The City’s Backwash Pond. 17. Resolution No. R21-105: A Resolution Declaring The Existing Playground Equipment Located At Kids’ Kingdom “Surplus Property” And Authorizing Its Removal And Disposal By City Staff And Volunteers. 18. Resolution No. R21-106: A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With Lexipol, LLC For Services Provided For The City’s Police Department. 19. Resolution No. R21-107: A Resolution Requesting Distribution Of Bridge And Road Safety And Accountability Program Funds 20. Ordinance No. O21-04: An Ordinance Amending Certain Chapters Of Title 8 Of The Laurel Municipal Code Relating To Health And Safety Matters, Including Nuisances For The City Of Laurel. 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 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 2 File Attachments for Item: 1. Approval of Minutes of September 14, 2021. 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 File Attachments for Item: 2. Beartooth RC&D Correspondence 31 Beartooth RC&D Area, Inc. Board of Director’s Meeting Agenda Meeting 1:00 P.M. Old Roosevelt School 519 Broadway Ave S Thursday, September 16th, 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 July 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 CDBG CV BIG HORN CO Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 2. Revolving Loan Fund – Jillann Knutson 3. Economic Development/ CRDC – Jacy Head 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 November 18th, 2021 - Big Timber Adjourn Chair Chair, All Chair, All Knutson Knutson Knutson Bertolino Bertolino Knutson Head Lastusky Roe et al Action Information Information Action Action Information Information Information Information Information Information Information 32 Page 2 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: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 33 Page 3 Beartooth RC&D Area, Inc. Board of Director’s Meeting MINUTES July 15th, 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) Cade Overstreet (Rep. Rosendale) Treasurer/Financial Reports 4. Treasurer Update 5. RC&D Financials 6. RLF Financials Staff Reports – Program/Project updates 5. Food/Ag Program – Joel Bertolino 6. Revolving Loan Fund – Jillann Knutson 7. Economic Development/ CRDC – 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 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 34 Page 4 ATTENDANCE Board of Directors Meeting July 15th, 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 Melanie Roe, Sweet Grass County Holly Higgins, First Interstate Bank of Hardin Marvin Carter, City of Laurel Dan Lowe, Big Horn County Conservation District Raymond Porter, Sweet Grass County Chamber Director Josiah Porcel, Senator Tester Don Jones, Yellowstone County Commissioner Scott Blain, Carbon County Commissioner Heidi Sparks, City of Laurel (via conference call) Location: Beartooth RC&D 12:30: Social Luncheon 1:00: Meeting called to order. Pledge of Allegiance, Introduction of Members and Guests Review May Board Minutes Bill Foisy motioned to approve. Melanie Roe seconded. Congressional Updates Josiah Porcel (Sen. Tester) Sen. Tester is working on infrastructure package – member of core group of 5 Republicans/5 Democrats. Significant investment in MT’s roads, bridges, broadband and creating good-paying jobs. Energy & Natural Resources Committee: o Advanced more than $300 million for Montana-specific water projects. o Includes $211M for regional water projects, like the Musselshell-Judith rural waterway project. Drought assistance to MT ranchers and farmers – CRP land will be authorized to offer relief to producers. Combatting housing shortage for wildfire fighters o Press release available 35 Page 5 Housing crisis – Sen. Tester has authored a bi-partisan bill to remove barriers for HUD – especially to help middle-income homebuyers. Meat Processing Grants? Joel asked & Josiah will check on it. Ryan: Said he heard Tester on the radio this morning & he said he’s making sure we don’t just get population dollars – to allow for our state’s geographic size Treasurer/Financial Reports Treasurer Update o P. 15 – Beartooth Books. In a perfect budget world, it would be 50%, but that never works. Overall, we’re good – we’re in the positive. o Bank of Joliet Building Account – replacing the front door and doing better locks, and that will come out of this account. o Contractual account – mostly pass-through money for Stillwater County grants. o P. 16: We had auditors here this past week. They are short-staffed and behind. Our end of the audit is wrapped up, and they hope to have draft out by middle to end of August. We have to send loan clients a letter and get feedback, so that slows down the process a little. Ryan: Once it’s done, they’ll issue a letter for the entire Board to review. RLF Financials o One loan in Yellowstone County was paid off, and the Wildflower Gardens was paid off, so about $240K paid off recently. o A couple semi-decent prospects Jillann is working with right now. RC&D Financials o Melanie moved to approved the Financials as presented. Lorene seconded. Motion carried. Staff Reports – Program/Project updates Food/Ag Program – Joel Bertolino o Steve Simonson moved to a new job with Big Sky EDA. One job application in so far. Please send good applicants our way. o Our program got cut this year (5 existing centers cut) by 45%. They added another Food and Ag Center in Lewistown. Joel will do more CRDC this year. o Waiting to hear on whether MT Ag Rescue Program gets funded with ARPA funds. o Lane Gobbs – new engineer. Took him on tour at Stillwater Packing. He wants to go to the vineyard in Laurel next month. o GTA projects – still ongoing JWK Enterprises and Basin Inc. – probably won’t know until October. Carbon County Pryor Mountain wind farm about to stop being reported. 406 Bovine – he’s looking for investors. Stillwater Packing – looking for more money. Joel sent them opportunities through USDA and State funds. Melanie asked how incinerator is working – working well, but DEQ said it wasn’t working quite right. The right size of gas line wasn’t installed, so it was down for a couple months while they worked on that. Jillann said it’s made a huge difference in bad smells – she doesn’t notice the smell anymore. Joel sent USDA funding info to Pioneer Meat, also. 36 Page 6 Becky’s Berries: Great tour after last meeting. She wants a bigger fridge and a few other things – we’ll see if she’s eligible for ARPA funding. o Yohannes Tedessee – biz in Billings marketing o Beartooth Fertilizer – Red Lodge o Crazy Peak Brewing – Big Timber. Has some needs. o Cory Wilson Mushrooms – sent to us by SBDC. Talked about potential for mushrooms and GTA grants. Revolving Loan Fund – Jillann Knutson o De-federalization of federal funds is driving Jillann crazy. But they are getting closer (8th or 9th revision of same report . . .). Economic Development / CRDC – o Working on Quarterly CRDC reporting next week after finishing Food & Ag. o 2 BSTF grants still moving forward. o Pea Cannery - almost signed. Waiting for High Plains Architects to sign. Not a full PAR, but close. Not sure of the use yet – alternative use analysis. Randy Hafer of HPA is familiar with the building and is excited to be involved. There is some Brownfields in this, too. New owners are paying the match. They gave them credit for assessments already done and some new money for DEQ Brownfields. o Sandstone School – moving forward on BSTF. Finished contract on that. o West Laurel Interchange – waiting on proof of matching Operations Support – Myrna Lastusky o Myrna is working with Joel & Jillann to complete reporting requirements and maintain communication with Steve’s projects & contacts. This includes the Bozeman Trail group we have been working with for the past 6 months. Deb Brown with SaveYour.Town – Deb & Myrna have weekly/bi-weekly meetings to stay current on projects and deadlines. Social media – please search for BRCD on LinkedIn as we now have a page! Please follow us on Facebook & like/share our posts, as well. And send Myrna any information/events you would like posted from your areas. Regional Roundup: News and updates from regional members on projects and activities in key 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 37 Page 7 Human Capital Workforce Education Heidi Sparks: Public Works Director and Treasurer working on first round of ARPA grants. 4 projects identified for those. Having conversations about rebuilding south side of Laurel, specifically Railroad and 4th Street that are heavily used & need work. Developer talking with City about putting in planned unit development on Tree Street. 60 units, 55+ gated community. Early talks about extending water out to the golf course. The club wants to build a new clubhouse. The project is out 3-5 years, but we’ll look at extending services then. Might add a 2nd water reservoir for City. The one they have is pretty old and are doing some repairs this summer. In next 3 years want to add the 2nd one and do major repairs on the old reservoir. Dan Lowe: Things are status quo at aquatic check station. Shipton’s has been a great addition to community and using the old Shopko building. Conservation District has a new office – in a good location. New bank & new clinic – the community is growing a bit. An honor to be on this Board & hear details of the rest of the region. Bill Foisy: We had a fire . . . 80% contained now, but it’s been disconcerting. Lot of support from firefighters, emergency personnel. Girl missing in the Beartooths – had Garmin In-Reach Explorer. It sets waypoints every so often, so others can see where you are. Summer weekly events – this weekend is Motorcycle Rally. Car Show coming next month. Shakespeare in the Parks, Fun Run, Arts Festival all coming. New Biz: Montana Store, Moo Country, Southern Dish, Kitchen & Home (kitchen store, but everyone comes in looking for food). Main Street Program – Dept of Commerce put out new quarterly reporting requirement that is fairly complicated. Council is debating an Urban Renewal TIF District – Bill would like to talk to someone else who is dealing with this. You declare a certain section of town as blighted, and it gets everyone’s attention. Roosevelt Center – fire suppression system being put in now. The rooms are completely rented out. When fire suppression system is in place, we can open up the 3rd floor. Red Lodge has done annual electronic recycling event for past 9 years. Finally transitioned so Red Lodge Recycling Center teamed up with e-Waste out of Billings and is doing this full-time. Personally, a big deal for Bill to hand this off and see it succeed. Lorene: PTAC (Procurement Technical Assistance) – doing annual Gov Match and doing it virtually this year. July 27th – if any companies could potentially do government contracting, they should attend. This is statewide. Aug. 24th – Housing Conference from 8:00-1:30 38 Page 8 SBDC & Rock31 working on documentary called Edge of the Plains – interviewed entrepreneurs in our region and had a film crew. Will be showing this around the region in Sept/Oct. o Sept 9: Harlowton o Sept 16: Big Timber o Sept 23: Hardin o Sept 30: Red Lodge o Oct. 7: Billings o Lorene had flyers/posters for everyone to put up in their areas. Joel said it was nice to have the SBDC meeting in person last week. Raymond Porter: Infrastructure – new subdivision in Big Timber. Many people renovating, many new people moving to town from other states. City/County using ARPA funding for water expansion on west end – vacant space between interstate and downtown. Good to see housing go in there. Economy – platinum is steady, so good at mine. Agriculture – not having the best year. Crazy Peak Brewing – want to make beer using local ingredients grown on Boulder River. Secret Beer coming this fall – possibly unveiled at an Octoberfest event. Stay tuned . . . New Business: Heritage Christian Group opened Greycliff Mill – highly recommend going there. They took a barn from upstate NY and refurbished it. Also have grist mill that they refabricated. Grindstone in mill is from the18th century on east coast. Restaurants, glamping accommodations, horseback rides – putting it on the map. Crazy Creek Boutique – Susan Metcalf opened women’s clothing store and boutique. Some façade improvements in downtown. Pioneer Meats just opened a storefront in downtown. Also have seafood now. Chamber is launching a new website. City of Big Timber is working on rebranding. Election with people actually running. Town Pump tore down old facility and built a new one – nicest in the state! Casino in back. Pioneer Medical Center is having a ribbon cutting. Municipal Transfer Site doing some expansions. Next event is Friday, Aug. 20th: Brewfest. PRCA Rodeo every Wednesday and Farmer’s Market every Friday until September. 1500 people attended Friday and 2500 on Saturday for rodeo. Housing solution – government properties not being used for housing could be released back into the market. E.g. School district had some that used to be used for housing and no longer are. Or something being used for storage – turn it into housing. We need to take on this problem piece by piece, house by house, not just with grandiose development plans. Melanie Roe, Sweet Grass County: Same struggles – losing employees because there is no place to live. Businesses can’t find any help. Many randomly closed because of this. Holly Higgins, First Interstate Bank in Hardin: Housing – not much there and nowhere to build new housing. Hired new police chief, but tough to hire deputies, nurses, teachers when there isn’t anywhere to live. What housing we do have is pretty low-end. Shipton’s – open since March and doing well. 39 Page 9 Only 10 houses listed last Holly heard. New Super 8 will hopefully give competition and get people to stop before heading to Billings. 4-H Fair coming week after next. Different this year – more like the Billings one. o Beer Garden o Rodeo o More events going to get people coming in. Couple businesses in town closed. Change of Plans finally reopened. Lariat Country Kitchen is listed for sale. Just leaves a couple other restaurants. Don Jones: Same problems as everywhere else. Fair share of crime – pretty scary when you look at the number of released convicts who end up in Billings. Way too many shootings. o Sober Living places, but no supervision. o 14 former inmates living together and most of the shootings happening in these sort of facilities. Working with DOC to find solutions here. ARPA money o Doing a lot of infrastructure work at Metra. Emergency hospital included there. Need more technology, bigger pipeline, etc. Important for entertainment but also if there would be a natural disaster. Laurel Natural Gas Generator will be very nice. Power supply is getting a little shaky, so this will be a good boost. Existing pipeline will be used – it’s been vacant all this time. o Melanie asked how many megawatts the plant will be – Don wasn’t sure. No plans at this point to expand Yellowstone County Detention Center. o Looking to hire more police officers, but the judicial system is bogged down. o Police are frustrated because they don’t know where to go with the criminals. o Mill for public safety ($1 million) . Kurt Alme was instrumental. Trying to get the different groups to work together. City bought the Stillwater building, and commissioners are moving – possibly down to Miller Building, where they can continue to rent out part of it and grow into it as needed. Parking downtown is back-in diagonal parking. It’s safer for motorists & cyclists. Have a sheriff’s helicopter now – government surplus. They got 3 of them – only allowed to fly one and use the other two for parts. They helped in the Robertson Fire. o Gary Blain is the pilot – he is loving this. o They’ve captured some really bad criminals this way. Scott Blain: Carbon County Detention Center – ballots went out yesterday for levy and construction bond. Caught meth-heads robbing a house and just had to take them to a friend’s house in another town. There is just no place to house them unless the crime is egregious. 50-50 chance of bond passing. Good meetings around the county until they came to Joliet. It got pretty ugly. o Holly: It was tough to pass in Hardin when they did the Big Horn County – they have the empty one sitting there. o Scott: That has hurt us here, too. o Lot of support on both sides. 40 Page 10 o Ballots are due on Aug. 3rd. If that passes, groundbreaking would be May 2022 and first prisoner in 2023. We own the 13 acres outside of Joliet, and RLACF put in some ARPA money to do a study on affordable housing – maybe they can use that space for some affordable housing. o Can’t hire deputies because they have to live in the county within a year and there is no housing. Ryan asked if they can change some of the rules – allow them to live outside the county? Scott said it is something they are looking at. Pryor Mountain Wind Farm is complete. Roads project will be more expensive than they thought it would be to finish. Lots of people coming through Red Lodge – many businesses not open because they can’t find enough workers. o Quick Stop closed for the season – no one to work . . . Ryan: Inflation is as high as it’s been since 2008. o Raymond asked if Ryan had some statistics – Ryan said to call him at Job Service. Employers are having a conversation now about wages and what to do when McDonald’s is paying $15/hour plus tuition assistance. We were desperate for employees pre-pandemic and it hasn’t gotten better. A high percent of people say they will never go back to an office – many want to work remotely. o It is being coined “The Great Resignation” – people are comfortable resigning knowing they can find a job somewhere else. Americans work more hours than countries across the world. Countries like Iceland have gone down to 35-hour work weeks with no downturn in productivity. o Myrna mentioned schools who went to 4-day school week and the improvement in morale, less costs, better test scores, etc. o Ryan talked about restaurants who have looked for a different business model – like just a drive-through – and they’ve found that it helps their bottom line. o Don: Remote workers are living in Montana, working here, but not paying income taxes to Montana. MT is really missing out on revenue. Ryan said this issue is being looked at with international companies and remote work. Holly: Many people don’t have to file income taxes (like ranching on a reservation). If we had sales tax, we might capture some of that revenue. Next BRCD Board meeting is Sept. 16th in Red Lodge. Location TBA. Meeting adjourned at 2:29 pm with social time to follow. 41 Page 11 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 42 Page 12 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 43 Page 13 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 and an in person meeting September 9th in Helena. we have scheduled a visits with Project Meats in Huntley and F Bar Three Vineyard to introduce the Montana Manufacturing Eng ineer for our Region Lane Gobbs and offer assistance and updates on funding opportunities. 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: 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 GTA 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: Project Meats Contact- Location- Sheperd, MT Beartooth FADC visited Project meats in Sheperd and toured their meat plant . Future expansion plans were discussed as they are seeing a large demand for their products they have been growing the size of their operation and have plans to double the size of their operation in Huntley in addition to the meat plant they purchased in Miles City the does the initial processing before sending products to Huntley for final processing. Business/ Project Name: Primative Meats Contact- Kelsey Grice Location- Worden, MT Kelsey Grice and her husband are looking for funding assistance through the GTA grant to help them with construction costs and equipment for their start up meat processing business. 44 Page 14 On Going Projects 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. The VAPG grant for $90,000.00 was approved and the USDA will be doing a site visit to their ranch on the 17th. Business/ Project Name: Charter Ranch Vermicast Soil Amendment Contact- Location-Sheperd, MT 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. A future visit will be sch eduled to discuss the progress of their project. 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 local ly produced foods. Beartooth FADC assisted them with applying for a Growth Through Ag Grant that was approved for $20,000.00 to expand. Beartooth will be scheduling a follow up visit with this business to determine any further needs. 45 Page 15 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 iphones to track livestock. He has produced a youtube video outlining his product that can be viewed via this link. https://youtu.be/kTwkhUj9leA Beartooth will continue to assist this business as needed. 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 has visited the business to discuss upcoming funding opportunities, they looked at the USDA MPIRG grant but it was not a good fit and are interested in any upcoming funding opportunities. 46 Page 16 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. Big Sky Beef 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 funding to assist with this project. Restoration Beef Project Contact- Jess Peterson Restoration beef has developed a feasibility studay around building a high quality beef plant that processes between 300-500 per day, they are in the process of developing interest and funding but are interested in the Yellowstone Valley area. 47 Page 17 Yellowstone Region Ag Sustainability Project- RCPP Location- Huntley, Contact- Dave Dougherty The group had their last meeting in June, 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 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. Becky has purchased a new commercial freezer needed to keep up with increased demand for her products she said her business has been very busy this summer and fall. Potential New Projects Yohannes Tedesse- Billings Beartooth Fertilizer-Red Lodge Crazy Peak Brewing-Big Timber Cory Wilson Mushrooms- Billings 48 Page 18 Economic Development Director Report for September 2021 EDA CARES Act: -Deb Brown, from Save Your Town, continues her work with the rural revitalization of the economy within our five counties. She holds weekly watch parties and meetings with BRCD in regards to the Bozeman Trail project. She will visit the area in October to meet with various officials involved in their communities. -BSEDA is still in the process of assisting regional economic recovery and affordable housing with their primary focus being Yellowstone County. -Cushing Terrill is finishing their housing study over our five counties which should be available in October. They presented at the Housing Summit this past August. BSTF Projects: -Red Lodge Pea Cannery- The architects are currently creating a plan. -Sandstone School- The check has been issued. -Laurel West Interchange feasibility study- For this project to move forward, the City of Laurel must decide how they would like to proceed. EDA American Rescue Plan Programs: In total, the EDA has $3 billion for supplemental funding to assist in building communities back from the effects of COVID-19. There is a series of six challenges: 1) Build Back Better Regional Challenge: This challenge has two phases for approval. 2) Good Jobs Challenge 3) Economic Adjustment Assistance 4) Indigenous Communities 5) Travel, Tourism, and Outdoor Recreation 6) Statewide Planning, Research & Networks *There will be a Coal Communities Commitment which will be allocated $300 million from the $3 billion: $100 million from Build Back Better Challenge and $200 million from Economic Adjustment Assistance. With each of these, some will require bigger regions to be considered an adequate fit such as the Build Back Better Challenge. The most flexible of the challenges is the Economic Adjustment Assistance; there is a plethora of eligible options that meet local needs, construction and non-construction. CRDC Working Group Meeting & Commissioner’s Meeting: 49 Page 19 During these two meetings, there were discussions about the three buckets of money for upscaling and rescaling. The first bucket of money will be utilized towards Accelerate Workforce Training Program to existing state workforce program operators. The second bucket of money will be utilized for the Workforce Training Grant Program to reimburse businesses for training of new and existing full-time workers. The third bucket of money will set up the Rapid Retraining Program to expand customized training opportunities. The Montana Department of Labor & Industry and the Department of Commerce will be proposing these programs. With the upcoming CRDC meeting in White Sulphur Springs, there should be more clarification and guidance offered about these programs. The entire agenda is still to be determined with the exception of the copper mine tour. 50 Page 20 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 51 Budgeted Actual % of budgeted Income AG-FOOD AND AG CENTER 85,007 80,262 94% 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 35,922 50% MISC GRANT ADMIN $10,750 0 0% EDA - GRANT 70,000 0 0% NOT BUDGED INCOME - 363,249 0% TOTAL INCOME 321,671 525,568 163% TOTAL STAFF EXPENSE 256,044 164,082 64% COMMUNICATIONS 6,000 5,405 90% EQUIPMENT & VEHICLE 8,520 2,643 31% CONTRACTUAL 21,220 341,431 1609% SUPPLIES 9,800 8,775 90% TRAVEL 10,140 1,003 10% OTHER 8,430 9,298 110% RESERVE - -7,069 #DIV/0! EXPENSE TOTAL 320,154 525,568 164% Bank of Joliet-Building Account $4,475.22 Bank of Joliet- Savings Account $75,470.79 Bank of Joliet- Checking Account $104,119.54 Beartooth Books- Reporting Ending August 2021 Expense Account Balances 52 Revolving Loan Fund Books- August 2021 Loan Client Review County # of loans $ Loaned out Big Horn 2 $168,693 Stillwater 3 $429,049 Yellowstone 7 $349,628 Carbon 2 $20,900 Sweet Grass 2 $169,196 • A $200K loan was for Yellowstone County that hasn’t been funded yet. • Loan interest is very slow. • Work is being done to de-federalize the EDA funding, I hope to have this completed and approved soon. Bank Balances as of August 2021 Total available for lending Bank of Joliet- EDA $47,677 47,677 Bank of Joliet-CDBG $415,384 415,384 Bank of Joliet- IRP $384,408 132,811 Bank of Joliet-Fromberg $29,859 29,859 $6525,731 53 54 File Attachments for Item: 3. Ambulance Monthly Report - August 2021. 55 Laurel Emergency Services Report created 9/22/21: 2020 1090 requests for service 159 times LEMS was unavailable 72 times AMR was unavailable 288 responses in Ward 5 = 27% of calls outside of the city of Laurel Recent Month Summary: August 2021: Requests 100 Missed Calls 12=12 % Shortest Delay 7 minutes Longest Delay 52 minutes Average Delay 23 minutes Fire Driver Available 20 times QRU Response With 1 Provider 9 times ** On A Previous Call 1 time No Crew / Provider Available 2 times AMR Transported or Responded 5 times Red Lodge Transported 0 time s HELP Flight Transported 0 time s Columbus Transported 0 time s Joliet Transported 1 time PD Assisted Pt no transport 0 time s POV Transport 3 times YCSO Transported 0 time s MHP Transported 0 time s **4 times the QRU responded and the patient refused / no transport to hospital or no patient found *26 responses in Ward 5 = 26 % of calls outside of the city of Laurel 56 2021 Running Totals January February March April May June July August September October November December Total 2021 Requests 92 98 117 96 108 89 127 100 827 Missed Calls 8=9% 2=3% 10=9% 12=12% 8=7% 16=18% 11=9% 12=12% 79 Shortest Delay (minutes) 20 43 15 15 36 10 14 7 7 Longest Delay (minutes) 45 70 80 87 73 60 75 52 87 Average Delay (minutes) 25 47 30 50 61 36 35 23 41 Fire Driver Available 11 21 26 9 15 7 16 20 125 QRU Response w 1 Provider 6 1 5 7 3 14 9 9 54 On A Previous Call 3 1 4 2 1 1 1 1 14 No Crew / Provider Available 0 2 1 3 4 2 2 2 16 AMR Transported or Responded 4 1 5 7 5 5 4 5 36 Columbus Transported 0 0 0 1 1 1 0 0 3 Joliet Transported 0 0 0 0 0 0 0 1 1 Park City Transported 1 0 1 0 0 0 0 0 2 Red Lodge Transported 0 0 0 0 0 1 0 0 1 HELP Flight Transported 0 0 0 0 0 1 1 0 2 POV Transport 3 1 4 3 2 2 3 3 21 PD Assisted Pt no transport 0 0 0 0 0 1 0 0 1 Responses in Ward 5 21=23% 40=41% 30=26% 28=29% 36=33% 27=30% 43=34% 26=26% 251=31% Other Reporting Information: - We are working with MSU Paramedic Program to start assisting with their ambulance clinical time. One of our own EMTs is in th e program and he will begin riding along in October. This is a great opportunity for us as a recruitment tool and to have a great p artnership with an EMS training program. - One full time paramedic has resigned due to receiving a full time position with BFD. He is a great paramedic and a big loss for us but we are very grateful to say that he will stay on as a volunteer. We are workin g on recruiting to fill that spot. - We have brought on an additional EMT volunteer that lives here in Laurel and believe would fit in great with our staff. We have 2 paramedic applications for volunteers that we are looking at possibly bringing on. - We have applied for an MDT grant for an ambulance, I believe we should hear back on whether we will be awarded this by mid Oc tober. - We were not awarded the grant for First Responder Training class. I will work on ideas for funding of this course and see i f we can find any other possible grants to apply for so that we can move forward with training of fire drivers. - If you know of any businesses or groups that would like to have Stop the Bleed training, please let me know and we can work o n getting a class scheduled. 57 File Attachments for Item: 4. Laurel Airport Authority Minutes of August 24, 2021. 58 MINUTES LAUREL AIRPORT AUTHORITY BOARD MEETING Tuesday, August 24, 2021 A Laurel Airport Authority Board meeting was held in the Airport Pilot’s Lounge and called to order by Chairman Randy Hand at 19:00. BOARD MEMBERS PRESENT: ☐ Randy Hand, Chairman ☐ Brock Williams, Secretary ☐ Shane Linse OTHERS PRESENT: Craig Canfield and Nathan Schroht, KL J 1.General Items a.Previous minutes approved by unanimous consent b.Claims prepared by Steven Cosner were approved for payment without dissent. 2.Reports from KL J a.Review of CIP. Craig to revise and present for approval at next meeting. b.Discussion regarding proposed shooting range. KL J is concerned that the access road would conflict with the RWY 22 RPZ. 3.New Business a.Planning Consultant Proposals. We received a proposal from KL J, which was reviewed. No other proposals were received. Motion to accept the proposal from KL J was approved without dissent. b.FAA Single Audit. Waiting to hear back from Summers McNea. 59 c.Courtesy Car. We are going to proceed with leasing the car to the FBO, who will provide insurance and maintenance and make it available to users. d.Request to use Quonset / Grass area for a Remembrance of Life for Doc Smith. Motion approved without dissent. e.SuperAWOS. Discussion regarding what to do with the old SuperAWOS. Motion was made to offer to give it to Columbus if they would like to use it. Motion approved without dissent. If Columbus doesn’t want it, we will continue to review options. f.Surplus Beam. A motion was made to sell the surplus beam instead of storing it indefinitely. Motion approved without dissent. g.Quonset. Discussion regarding use of Quonset by the public now that FBO is open. Motion was made to lock the quonset and not allow public use. Motion approved without dissent. h.Remote participation and voting. Motion was made to allow participation and voting via teleconference, and was approved without dissent. 4.Old Business a.SRE Building. Almost complete. Discussion regarding concrete in front of doors. We are going to get proposals. b.Beacon. Still needs to be installed. c.Fly-in still on hold. Volunteer appreciation function will hopefully be scheduled in the fall. d.Web page. Brock will work to clean up the web page and get at least a basic web page up with inaccurate information removed. 5.Public Input Citizens may address the board regarding any item of business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the board will not take action on any item not on the agenda. a.none 6.Other Items none 60 7.Announcements a.none The meeting was adjourned at 20:20. Respectfully submitted, Brock Williams Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 61 File Attachments for Item: 8. Council Workshop Minutes of September 7, 2021. 62 6 3 6 4 6 5 6 6 6 7 6 8 6 9 7 0 7 1 7 2 7 3 7 4 7 5 7 6 7 7 7 8 7 9 8 0 8 1 8 2 8 3 8 4 8 5 8 6 8 7 8 8 8 9 9 0 9 1 9 2 9 3 9 4 9 5 9 6 9 7 9 8 9 9 File Attachments for Item: 9. Budget/Finance Committee Minutes of September 14, 2021. 100 Minutes of City of Laurel Budget/Finance Committee Tuesday, September 14, 2021 Members Present: Bruce McGee Richard Klose Scot Stokes Others Present: Bethany Langve, Clerk/Treasurer The meeting was called to order by the Committee Vice Chair at 5:02pm. 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. There was no public input. General Items – 1. Review and approve the August 24, 2021 Budget and Finance Committee meeting minutes. Richard Klose moved to approve the minutes of the August 24, 2021 Budget and Finance Committee meeting. Scot Stokes seconded the motion, all in favor, motion passed. 2. Review and Approve purchase requisition – There were no purchase requisitions. 3. Review and recommend approval to Council, Claims entered through 09/10/2021. The claims and check register had previously been reviewed by the Committee. Richard Klose made a motion to approve the claims entered through 09/10/2021. Bruce McGee seconded the motion, all in favor, motion passed. 4. Review and approve Payroll Register for Union #316 Retro Pay totaling $7,075.36. Bruce McGee made a motion to recommend approval of the payroll register for Union #316 Retro Pay totaling $7,075.36. Scot Stokes seconded the motion, all in favor, motion passed. 5. Review and approve Payroll Register for pay period ending 09/05/2021 totaling $207,090.58. Scot Stokes made a motion to recommend approval of the payroll register for pay period ending 09/05/2021 totaling $207,090.58. Richard Klose seconded the motion, all in favor, motion passed. New Business – 6. City of Laurel Bank and Investment Accounts Discussion - The Clerk/Treasurer handed out December 2020 Month End Balancing reports to aid in the bank and investment discussion. She went over the top portion of the report, which lists all the City of Laurel bank and investment accounts. She stated the total of these accounts, plus any deposits in transit, less and outstanding deductions equals all the fund totals from the City of Laurel accounting software. The Committee asked if the money from the investment accounts could be used for street projects. The Clerk/Treasurer stated they could not be used for street projects because only the total amount of cash in the fund, from the cash report, belonged to the street fund. The Committee asked why the city had money in various banks/accounts. The Clerk/Treasurer explained that there used to be a law stating municipalities had to distribute money amongst different banking institutions. This law no longer exists; however, the City of Laurel continues to keep money invested in different banks. The Committee asked if it helps the city when they go to sell a bond. The Clerk/Treasurer stated it does help when we approach a bank to ask for rates. The Committee asked what the current rates are for the various bank/investment accounts. The 101 Clerk/Treasurer went over the current rates for the various bank accounts. She didn’t have the current rates for the three CD accounts. The Committee asked if some of the cash in the money market savings could be invested into CD’s if the rates were good. The Clerk/Treasurer stated they could be invested in CD’s. The Committee asked the Clerk/Treasurer to get CD rates for the Committee to review at the next meeting. 7. Budget and Finance Committee Start Time Discussion – The Committee wanted to discuss the 5:00pm start time. The Committee asked if the needed to continue to meet at 5:00pm, given the fact the meetings were ending earlier than expected. The Committee discussed moving the start time back to 5:30pm. The Committee would like to meet at 5:30pm, and if there is a need to meet earlier for an individual meeting do so. Scot Stokes made a motion to move the start time of the Budget and Finance Committee meeting to 5:30pm. Richard Klose seconded the motion to move the start time of the Budget and Finance Committee meeting to 5:30pm, all in favor, motion passed. Old Business – None Other Items – 8. Review the Pay Period Ending 08/22/2021 Comp/Overtime Report and Pay Period Ending 09/05/2021 Comp/Overtime Report. There were no comments or questions regarding the reports. 9. Clerk/Treasurer Update – The Clerk/Treasurer stated she would be working on getting the State of Montana their budget by October 1st. She explained to the Committee the State of Montana requires the budget be presented in a different format, so there is quite a bit of work that needs to be done. The Committee asked why the current accounting software couldn’t do the work. The Clerk/Treasurer stated the City should probably upgrade the accounting software, but she is afraid to know how much it would cost. The Committee stated they would like to know the cost, considering how much time it takes to redo an entire budget to present to the State. The Clerk/Treasurer stated the auditors would be onsite October 4th to begin year end close. 10. Mayor Update – The Mayor stated Resolution 15-51 should be brought before City Council at the next City Workshop. The Committee asked what could be done about fixing the Judges pay. The Clerk/Treasurer asked why the Judges wage increase couldn’t simply be included in the annual budget resolution and treated like all other non-union staff. The Committee stated that was how it used to be prior to the wage matrix. The Committee stated the old CAO didn’t like the way it was done and pushed for the wage matrix. The Committee asked what they needed to do. The Mayor stated they could rescind the old resolution. The Clerk/Treasurer stated the City Council could provide the Mayor with their recommendation, prior to the final budget presentation. She said once City Council passes the final budget, this is City Council setting the Judge’s wages via resolution since the budget is one big resolution. Announcements – 11. The next Budget and Finance Committee meeting will be held on September 28, 2021 at 5:30pm. 12. Scot Stokes will be reviewing claims for the next meeting. Respectfully submitted, Bethany Langve Clerk/Treasurer 102 NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 103 File Attachments for Item: 10. Tree Board Minutes of August 19, 2021. 104 105 106 File Attachments for Item: 11. Public Works Committee minutes of August 16, 2021. 107 1 0 8 1 0 9 1 1 0 1 1 1 1 1 2 1 1 3 1 1 4 File Attachments for Item: 12. Emergency Services Committee minutes of August 31, 2021. 115 1 1 6 1 1 7 1 1 8 File Attachments for Item: 13. Appointment of Alan Kasemodel to the Laurel Airport Authority for a five-year term ending June 30, 2026. 119 120 File Attachments for Item: 14. Appointment of Timothy Frick to the Laurel Volunteer Fire Department. 121 1 2 2 File Attachments for Item: 15. Resolution No. R21-103: A Resolution Approving An Increase In Firefighter Call-Out Pay For The City Of Laurel Fire Department. 123 R21-103 Firefighter Call-Out Pay RESOLUTION NO. R21-103 A RESOLUION APPROVING AN INCREASE IN FIREFIGHTER CALL-OUT PAY FOR THE CITY OF LAUREL FIRE DEPARMENT. WHEREAS City Firefighters are currently compensated $8.50 per hour, pursuant to Resolution R05-04, when responding to emergencies and such compensation is commonly known as Call-Out Pay; and WHEREAS Call-Out Pay has not been increased since 2016; and WHEREAS, the Fire Chief is recommending an increase to $10.50 per hour for Call-Out Pay which has been included in the City’s annual budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, the Call-Out Pay for the City’s Firefighters is hereby increased to $10.50 per hour based upon the request and recommendation of the City’s Fire Chief. Introduced at a regular meeting of the City Council on September 28, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this 28th day of September 2021. APPROVED by the Mayor this 28th day of September 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 124 File Attachments for Item: 16. Resolution No. R21-104: A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With MP Environmental For Services Relating To Cleaning Of The City ’s Backwash Pond. 125 R21-104 Approve Agreement with MP ENVIRONMENTAL for cleaning City’s Backwash Pond RESOLUTION NO. R21-104 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH MP ENVIRONMENTAL FOR SERVICES RELATING TO CLEANING OF THE CITY’S BACKWASH POND. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement between the City of Laurel and MP Environmental a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the Agreement on behalf of the City. Introduced at a regular meeting of the City Council on September 28, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 28th day of September 2021. APPROVED by the Mayor this 28th day of September 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 126 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 16th day of September 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 MP Environmental, a contractor licensed to conduct business in the State of Montana, whose address is 3748 Green Acres Drive Billings, MT 59101, 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 September 15, 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 six hundred dollars and no cents ($6,600.00) for the work described in Exhibit A. Any alteration or deviation from 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 127 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 128 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. 129 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 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. 130 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 15th DAY OF SEPTEMBER 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor MP Enviornmental ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 131 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! 132 File Attachments for Item: 17. Resolution No. R21-105: A Resolution Declaring The Existing Playground Equipment Located At Kids’ Kingdom “Surplus Property” And Authorizing Its Removal And Disposal By City Staff And Volunteers. 133 R21-105 Kids’ Kingdom Surplus Property RESOLUTION NO. R21-105 A RESOLUTION DECLARING THE EXISTING PLAYGROUND EQUIPMENT LOCATED AT KIDS’ KINGDOM “SURPLUS PROPERTY” AND AUTHORIZING ITS REMOVAL AND DISPOSAL BY CITY STAFF AND VOLUNTEERS. WHEREAS, the City of Laurel owns the existing playground equipment currently installed at the City Park Location known as the Kids’ Kingdom; and WHEREAS, the playground equipment is dilapidated and no longer in a safe and useable condition, and city staff is recommending its removal due to its condition; and WHEREAS, the Council has the authority to dispose of the worn-out equipment by declaring it surplus and of no value to the City; and WHEREAS, the existing equipment has no sale or salvage value and should be removed and disposed of to enable new playground equipment to be installed by volunteers who intend to donate the new playground equipment to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: 1. That the city council declares the existing playground equipment located at Kids’ Kingdom surplus property pursuant to Montana law; and 2. City Staff and Volunteers are authorized to remove and properly dispose of the existing playground equipment as surplus property. Introduced at a regular meeting of the City Council on September 28, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 28th day of September 2021. APPROVED by the Mayor this 28th day of September 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 134 File Attachments for Item: 18. Resolution No. R21-106: A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With Lexipol, LLC For Services Provided For The City’s Police Department. 135 R21-106 Approve Agreement with Lexipol LLC for City’s Police Department RESOLUTION NO. R21-106 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH LEXIPOL, LLC FOR SERVICES PROVIDED FOR THE CITY’S POLICE DEPARTMENT. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement between the City of Laurel and Lexipol, LLC a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the Agreement on behalf of the City. Introduced at a regular meeting of the City Council on September 28, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 28th day of September 2021. APPROVED by the Mayor this 28th day of September 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 136 Addendum to Online Subscription Agreement (OSA) between Lexipol and Laurel Police Department (Montana). Effective Date:EFFECTIVE_DATE_DS Agency is purchasing the following additional service: QTY DESCRIPTION UNIT PRICE EXTENDED 1 Law Enforcement Tier II Implementation USD 3,000.00 USD 3,000.00 One-Time Line Items Total USD 3,000.00 USD 3,000.00 TOTAL:USD 3,000.00 *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol upon the execution of this Agreement. Terms and Conditions: This subscription order falls under the provisions of the original Online Subscription Agreement signed by the authorized agent for the above agency. The services that Lexipol, LLC, a Delaware Limited Liability Company (hereinafter “Lexipol”), provides to Agency, Customer, User, Purchaser are subject to the Terms and Conditions of Use of the original Online Subscription Agreement. These Terms and Conditions are valid through the subscription agreement period. This document represents additional services to be provided, subject to the foregoing Terms and Conditions of Use. AGENCY HEREBY AGREES WITH THESE TERMS AND CONDITIONS OF USE AS APPLICABLE TO THE SERVICES ACQUIRED VIA THIS ADDENDUM. The subscription agreement is authorized and approved by: Agency Lexipol Signature:CUSTSIG_DS Signature:COUNTERSIG_DS Print Name:CUSTNAME_DS Print Name:Van Holland Title:CUSTTITLE_DS Title:Chief Financial Officer Date Signed:CUSTDATE_DS Date Signed:COUNTERSIGDATE_DS Please return to: Fax: (469)731-0847 – Email: contracts@lexipol.com Send: Lexipol LLC, 2611 Internet Blvd. Suite 100, Frisco, TX 75034 Copyright 2020 © Lexipol - Rev 6/8/2018 137 138 139 140 141 142 143 144 MISSION CRITICALSOLUTIONS TO HELP YOU Enhance personnel & community safety Reduce risk Save time and money Improve compliance and accountability Streamline training management Simplify policy management Identify available funding Stay up to date on industry news and trends 145 It was a perfect combination: Bruce Praet’s courtroom experience representing public safety agencies and Gordon Graham’s foundation in risk management principles, including a unique approach to training he created while at the California Highway Patrol. From that foundation, Lexipol grew to form an entire risk management solution for public safety and local government. We started by developing comprehensive, continuously updated policies for public safety agencies. Then we added services such as such as online training, grant services and an electronic policy management platform, as well as the digital communities Police1, FireRescue1, Corrections1, EMS1 and Gov1. Today, we serve more than 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries. Created in 2003 by two attorneys (and former law enforcement officers), Lexipol was born from a vision of a better, safer way to run a public safety agency. SERVINGMILLIONFIRST RESPONDERS 146 THOUSANDS OF YEARS OF EXPERIENCE ON YOUR SIDE We’ve grown a lot from those first days when Bruce, Gordon and few other early believers wrote policies on their days off. Today, Lexipol is backed by the expertise of 320 people with more than 2,075 years of combined experience in constitutional law, civil rights, ADA and discrimination, labor negotiations, Internal Affairs, use of force, hazmat and a whole lot more. That means no more trying to figure out policy and develop training content on your own. You can draw on the experience of our dedicated team members who have researched, taught and lived these issues. 147 WHAT WE DO POLICIES AND UPDATES ONLINE LEARNING ꞏState-specific policies, fully developed and continuously updated ꞏTraining bulletins to reinforce policy understanding ꞏPolicy implementation services ꞏState-of-the-art policy management platform ꞏElectronic policy acknowledgement tracking ꞏAbility to upload and assign agency-specific training content ꞏFull courses and microlearning videos ꞏCertified training provider/continuing education acceptance ꞏFull-service LMS with electronic reporting, tracking and training management 148 ꞏGrantFinder: A real-time, online grant research tool ꞏGrant Writing Services: Personalized consulting and grant application development ꞏGrant Assistance Platform: Continuous pre-award grant assistance ꞏArticles, videos and real-world training tips ꞏRapid response coverage ꞏProduct research ꞏInstructional guides GRANT SERVICES NEWS AND ANALYSIS 149 PROVIDING YOUPEACE OF MIND Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues related to policies and training that create substantial risk, including: ꞏInconsistent and outdated policies ꞏLack of technology to easily update and issue policies and training electronically ꞏDifficulty keeping up with new and changing legislation and practices ꞏInability to produce policy acknowledgment and training documentation ꞏUnfamiliarity of city legal resources with the intricacies of public safety law 150 ON TOP OFINDUSTRY CHANGES Our content development teams continuously monitor for new state and federal legislation—we reviewed more than 9,000 new laws and regulations last year—as well as case law and research reports. When new challenges arise—such as COVID-19, the opioid epidemic or an increase in active shooter events—we create online resources and training to prepare your personnel to meet these risks. So you can spend more time focusing on operational priorities and less time worrying whether your policies and training are up to date. TRUSTED BY BIG & SMALL Community protection comes in all sizes. That’s why we designed Lexipol’s policy and training solutions to work with agencies big and small and those in between. We partner with more than 8,100 public safety agencies and municipalities across the United States—law enforcement agencies, career and volunteer fire departments, EMS agencies, corrections facilities, juvenile detention facilities, probation departments and local government organizations just like yours. www.lexipol.com | 844-312-9500 | CONTACT US TODAY TO LEARN MORE 151 File Attachments for Item: 19. Resolution No. R21-107: A Resolution Requesting Distribution Of Bridge And Road Safety And Accountability Program Funds 152 R21-107 BaRRSA Gas Tax 2021 RESOLUTION NO. R21-107 A RESOLUTION REQUESTING DISTRIBUTION OF BRIDGE AND ROAD SAFETY AND ACCOUNTABILITY PROGRAM FUNDS WHEREAS, the Bridge and Road Safety and Accountability Account requires the Montana Department of Transportation to allocate accrued funds to cities, towns, counties, and consolidated city-county governments for construction, reconstruction, maintenance, and repair of rural roads, city or town streets and alleys, bridges, or roads and streets that the city, town, county, or consolidated city-county government has the responsibility to maintain; and, WHEREAS, a city, town, county, or consolidated city-county government that requests funds under the Bridge and Road Safety and Accountability Account must match each $20 requested with $1 of local government matching funds; and, WHEREAS, a city, town, county, or consolidated city-county government requesting distribution of allocated funds may make such a request to the Department of Transportation between March 1 and November 1 of the year the funds were allocated; and, WHEREAS, the project to be funded is a Citywide Street Improvement Project; and, WHEREAS, the local match for the allocated funds has been budgeted from Fund 2500 Street Maintenance Fund. THEREFORE, NOW BE IT RESOLVED THAT: 1. The City of Laurel requests distribution of its share of the allocated Bridge and Road Safety and Accountability funds to be used for the projects identified herein. 2. That the Council hereby empowers and authorizes the Mayor or other staff to execute such further documents as may be necessary to facilitate the distribution of said funds. Introduced at a regular meeting of the City Council on September 28, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 28th day of September 2021. APPROVED by the Mayor this 28th day of September 2021. CITY OF LAUREL ___________________________________ Mayor Thomas C. Nelson 153 R21-107 BaRRSA Gas Tax 2021 ATTEST: _______________________________ Bethany Langve Clerk/Treasurer Approved as to form: _______________________________ Sam S. Painter, Civil City Attorney 154 1 5 5 1 5 6 1 5 7 1 5 8 File Attachments for Item: 20. Ordinance No. O21-04: An Ordinance Amending Certain Chapters Of Title 8 Of The Laurel Municipal Code Relating To Health And Safety Matters, Including Nuisances For The City Of Laurel. 159 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments ORDINANCE NO. O21-04__ AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 8 OF THE LAUREL MUNICIPAL CODE RELATING TO HEALTH AND SAFETY MATTERS, INCLUDING NUISANCES FOR THE CITY OF LAUREL. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to address situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, the City’s Public Works Department Staff and Police Department worked to prepare the following amendments to the Laurel Municipal Code to enable the City to ensure the health, safety and welfare of its citizens; and WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the existing Title 8 as noted herein and hereby recommends the same to the City Council for their full approval. Title 8 - HEALTH AND SAFETY Chapters: Chapters 8.01 - 8.03 – RESERVED Chapter 8.04 - GARBAGE AND RUBBISH Sections: 8.04.010 - Definitions. Cinder and ashes mean the residue from the burning of wood, coal, coke or other combustible materials in homes, stores, institutions , and small industrial establishments, for the purpose of heating, cooking and disposing of waste combustible materials. "Garbage" means and includes animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of foods. It is composed largely of organic matters and their natural moisture content. The term does not include within its meaning food proc essing wastes from canneries, slaughterhouses, packing plants or similar industries, or large quantities of condemned food products. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels, and other places where food is stored, cooked, or consumed. Refuse means all solid waste of any kind or type legally disposed of through the operations of the city. "Inflammable rubbish" or "combustible rubbish" means miscellaneous flammable materials. Generally it is the organic component of rubbish, such as paper, rags, cartons, boxes, wood, excelsior, furniture, bedding, rubber, leather, tree branches, yard trimmings and similar material. Formatted: Font: (Default) Times New Roman, 12 pt, Italic 160 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments "Noncombustible rubbish" means miscellaneous refuse materials that are nonflammable at ordinary temperatures. For the most part it is the inorganic component of rubbish, such as tin cans, metals, mineral matter, glass, crockery, dust, metal furniture, etc. A. Combustible rubbish means miscellaneous flammable materials. Generally, it is the organic component of rubbish, such as paper, rags, cartons, boxes, wood, wood shavings, furniture, bedding, rubber, leather, tree branches, yard trimmings and similar material. B. Noncombustible rubbish means miscellaneous refuse materials that are nonflammable at ordinary temperatures. For the most part it is the inorganic component of rubbish, such as tin cans, metals, mineral matter, glass, crockery, dust, metal furniture, etc. C. Yard Rubbish means refuse consisting of tree branches, twigs, grass and shrub clippings, cut weeds, fallen leaves and garden waste materials. (Prior code § 8.12.010) 8.04.020 - Disposal required in general. The disposal of garbage, rubbish and other wastes shall be as the city council orders by ordinance and regulation. A. Any out of city resident or inhabitant may not use any city trash containers for depositing garbage, rubbish, trash, etc. B. Any person violating the terms of this chapter shall be guilty of a misdemeanor and punished according to this code.Violations of this chapter are designated as misdemeanors and punishable by penalties specified in subsection 1.36.010 A. C. Nothing herein shall prohibit any bona fide tourist or transient from using such trash collectors. (Prior code § 8.12.020) 8.04.030 - Removal of bulky items not required. The regular collection services shall not remove such items as tires, crates, refrigerators, stoves, air-conditioners, sofas, chairs, mattresses, box springs, pipe, auto parts, mufflers, tree limbs, trees and shrubbery cuttings (unless these cuttings can be placed in covered receptacles as provided by the city) and other like items. The owner or occupant of any building, house, structure or land shall have these prohibited items removed and deposited in the city disposal area or other approved disposal area at his own expense within three days. Failure of owner or occupant to remove prohibited items from receptacles, alleys or streets may be removed therefrom at the expense of the owner of the property. The city may submit a bill to the persons liable for the removal of such items. If the amount is not paid within ten (10) days after the bill submittal, then the charge shall be collected in the same manner as the collection of other solid waste fees, as provided in this chapter. Formatted: Font: (Default) Times New Roman, 12 pt, Italic Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Times New Roman, 12 pt, Italic Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" 161 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments (Prior code § 8.12.052) 8.04.040 - Certain matter not to be placed in receptacles. A. Infectious Waste – Waste that is defined as “infectious waste” in Section 75-10-1003 Montana Code Annotated. 1. Infectious wastes shall not be placed with other nonin fectious wastes or refuse for normal collection by the city. 2. Clothing taken from persons with infectious diseases shall not be placed in receptacles. 3. It is unlawful for any person to dispose of or deposit in the city container site any infectious wastes which have not bee treated as described in Section 75 - 10-1005 Montana Code Annotated, so as to render them noninfectious and no longer biological hazardous. B. Inflammable Waste; acids and explosives No person shall place or cause to be placed in or near the receptacles provided for the removal of refuse, any highly inflammable wastes, acids, explosives or dangerous or corrosive chemicals. C. Other matter not to be placed in receptacles. The following items shall not be placed in the receptacles provided for the removal of refuse: Dead animals; poisons; heavy metals or metal parts; lumber; dirt; rocks; bricks; concrete; concrete blocks; tires; crates; refuse from construction or remodeling; unbagged saw dust; unbagged leaves or grass clippings; other unbagged material which is incapable of being transferred from the receptacle to city refuse collection equipment without being deposited on the surrounding property. 8.04.050 – Preparation of refuse for collection A. Animal feces and materials impregnated with urine must be enclosed in a leakproof bag before being placed in a city container. B. Combustible rubbish of every kind whatsoever shall be securely wrapped, packed or contained in a manner that will prev ent scattering by the wind and shall be deposited in a proper receptacle. C. Yard rubbish shall be bagged, packed or contained before being deposited in a receptacle. (Ord. 03-2, 2003: Ord. 801, 1985: prior code § 8.12.054 (part)) 8.04.060 - Accumulation of rubbish in public places prohibited. Formatted: Font: (Default) Times New Roman, 12 Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, 12 162 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments A. No person shall accumulate any rubbish including any dry leaves, dead limbs, or old lumber and allow the same to be stored in any street, alley or public place. B. It shall be the duty of the owner or occupant of any premises within the city limits to keep such premises and one-half of the alley immediately adjacent thereto and the gutter in front of or adjoining his or her property clean, op en and free of wastepaper, cans, leaves or any unhealthy materials of any kind. (Prior code § 8.12.060) 8.04.070 - Unauthorized use of receptacles prohibited. A. It is unlawful for any person to place or permit another to place, any garbage or trash in any receptacle, at any refuse collection point or in any refuse container used in the city container collection service unless the refuse is from the premises se rved by the container or from the premises at which the receptacle or collection point is located. B. City service containers at several points in city areas are provided for refuse from apartment house areas, businesses, and institutions within the city limits, and refuse from outside the city limits shall not be placed in the city service containers. C. It is unlawful for any person to place or deposit, or permit another to place or deposit, prohibited refuse in city service containers or to put anyth ing on the ground at these locations. D. The owner or occupant of any building, house, structure or land shall cause to be removed all refuse items of the nature which are prohibited to the regular collection service, and which are located, owned or deposited on the property or on the public right -of-way shall be prima facie evidence that such owner or occupant failed to remove, as provided by this ordinance, at his own expense, the refuse or other item or items so stored or located thereon. Removal within three days of notice by city is required. (Prior code § 8.12.054(A)) 8.04.0380 -– Sanitation Public works director to determine user classification. The sanitation public works director shall determine the average volume of garbage and rubbish produced, the amount of service provided and degree of use for all business, commercial, educational and other institutions, and shall recommend to the city council the proper classification of such users. (Prior code § 8.12.040) 8.04.0940 - Residential garbage feesrates. A. The residences of the city are divided into fair and reasonable types according to their structure and uses for the purpose of garbage and trash accumulation and removal. All collections will be made either from the alley, where alley exists, or from a place easily Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" + Indent at: 0.8" 163 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments accessible to the street from which the collections are made. No collections shall be made from inside structures or other enclosures. B. The annual residential refuse collectionsolid waste fees rate shall be as established by resolution of the city council, and may be changed or amended by subsequent resolution of the council from time to time as the council deems necessary. A copy of the residential fee schedule shall be on file in the office of the city clerk -treasurer. and shall be open to inspection by any person. (Ord. 97-2 § 4 (part), 1997; prior code § 8.12.030) 8.04.10050 - Residential/commercial garbage feesrates. Refuse Solid waste fees rates at residences where a portion of the building or premises is used for commercial or business purposes shall be increased by the minimum amount of the commercial user class. (Prior code § 8.12.032) 8.04.11060 - Nonresidential garbage feessolid waste fees. A. All business, commercial, educational and other nonresidential buildings and other institutions shall be placed into fair and reasonable classes for the purpose of establishing rates for garbage and rubbish accumulation and removal through resolution of the city council. B. All resolutions approved by the city council under this section shall be placed on file in the office of the city clerk-treasurer. for public inspection while in force. (Ord. 04-8 (part), 2005: Ord. 97-2 § 4 (part), 1997; prior code § 8.12.034) 8.04.120070 - Commercial rates. The calendar year refuse collectionsolid waste feerate for businesses and commercial, educational and other nonresidential buildings and other institutions shall be equal to the rates and fees established from time to time by resolution of the city council. No collections shall be made from inside any structure or other enclosure. (Ord. 04-8 (part), 2005: prior code § 8.12.042) 8.04.080130 - Minimum commercial feerate. The minimum fee rate for each business, commercial, educational, and other nonresidential building and other institution shall not be less than the minimum annual residential ratefee. (Ord. 04-8 (part), 2005: prior code § 8.12.044) 8.04.140090 - Commercial classification—Sanitation Public works director authority. 164 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments A. Each business, commercial, educational, and other nonresidential building and other institutions shall be placed in a commercial classification upon the recommendation of the sanitation public works director after determination of the type of garbage, the volume of garbage, the degree of usage and the required service of the user. Such classification shall be adopted through city council resolution. B. User classification, and user's volume of garbage and degree of use may be reviewed by the sanitation public works director upon request of a commercial, educational, or other nonresidential user, but no more than one such request per calendar year shall be allowed. (Ord. 04-8 (part), 2005: prior code § 8.12.046) 8.04.1500 -– Refuse Solid waste bill included in water billing. The annual refuse solid waste fee shall be payable in twelve equal monthly installments. The refuse solid waste fee shall be included within the water bill each month, and the city water department is directed not to accept payment of the water bill unless such payment is in the total amount billed which shall include the appropriate refuse solid waste fee as herein provided. Owners or occupants of premises which do not use water shall be billed monthly by separate billings for the appropriate refuse solid waste fee for their premises. (Ord. 1005, 1991: prior code § 8.12.048) 8.04.1160 - Failure to pay bill constitutes lien. The charges fixed in this chapter for the collection, removal and disposal of all garbage or trash shall be entered in their respective amounts as charges against each owner, manager, occupant, tenant, or lessee in the amount so fixed and charged shall be collected monthly in connection with and as a part of the water bill of the city. Should any owner, manager, occupant, tenant, or lessee of any place or abode of any business or commercial establishment fail or refuse to pay the charges fixed against him and his place of abode or place of business when due, the refuse solid waste fee remaining unpaid shall constitute a lien against the real property wherein the premises or business or commercial establi shment exists and be placed on the annual property tax statement. (Prior code § 8.12.050) 8.04.120 - Removal of bulky items not required. The regular collection services shall not remove such items as tires, crates, refrigerators, stoves, air-conditioners, sofas, chairs, pipe, auto parts, mufflers, tree limbs, trees and shrubbery cuttings (unless these cuttings can be placed in covered receptacles as provided by the city) and other like items. The owner or occupant of any building, house, structure or land shall have these prohibited items removed and deposited in the city disposal area or other approved disposal area at his own expense within three days. Failure of owner or occupant to remove prohibited items from receptacles, alleys or streets maybe removed therefrom at the expense of the owner of the property. The city may submit a bill to the persons liable for the removal of such items. If the 165 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments amount is not paid within ten (10) days after the bill submittal, then the charge shall be collected in the same manner as the collection of other solid waste fees, as provided in this chapter. Refuse collection and disposal service may be provided within the capabilities of the department to installations with unusual locations, types or accumulations of refuse at a charge established by the public works director of sanitation based on actual cost. (Prior code § 8.12.054(B)) 8.04.1860 - Simultaneous service when. The sanitation public works department shall provide regular collection or container collection system services according to the type and volume of refuse to be removed, economies of operations and capability within the department. Normally, refuse container and regular collection service will be provided to the same installation only at the discretion of the public works director of sanitation. (Prior code § 8.12.054(C)) 8.04.1970 - Parking interfering with containers prohibited. It is unlawful for any person to park a vehicle of any nature within twenty feet of any container used in the city container collection service in such manner which would interfere with the removal of refuse from such container, orcontainer or block the approach to such container. Proof of ownership of any vehicle violating this section shall be prima facie proof that such owner parked such vehicle. (Prior code § 8.12.054(D)) 8.04.20180 - Damaging containers prohibited. It is unlawful for any person to damage, either willfully or through negligence, any property of the city used in the city container service. (Prior code § 8.12.054(E)) 8.04.21190 - Doors and lids to be kept closed. Except when refuse is being loaded into containers, the doors and lids shall be kept closed except at certain locations approved by the director of sanitation. (Prior code § 8.12.054(F)) 8.04.2200 - City to provide sufficient containers. The city shall provide sufficient containers for all businesses and residences. It is unlawful for any person other than a duly authorized employee of the city to collect or remove any 166 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments garbage or trash from garbage and trash receptacles used in the regular city collec tion service or from any container utilized in the city container collection service. (Prior code § 8.12.056) 8.04.210 -– Dump feesContainer site fees. The city council shall, by resolution, establish fees to be charged for dumping by commercial contractors and noncity residents of wood; trees; uncompacted garbage, trash or rubbish; mixed loads such as wood or trees or other materials; compacted garbage, trash or rubbish; and construction or demolition materials. The city council shall also establish by resolution, fees to be charged for dumping by city residents of materials from construction or demolition projects for which a city building permit or demo lition permit is required. The city council may change, alter or amend any such fee from time to time, at the council's discretion, by further resolution. (Ord. 1072, 1993: Ord. 914, 1987: prior code § 8.12.058) 8.04.220 - Accumulation of rubbish in public places prohibited. No person shall accumulate any rubbish including any dry leaves, dead limbs, or old lumber and allow the same to be stored in any street, alley or public place. (Prior code § 8.12.060) 8.04.220 - Accumulation of rubbish in public places prohibited. No person shall accumulate any rubbish including any dry leaves, dead limbs, or old lumber and allow the same to be stored in any street, alley or public place. (Prior code § 8.12.060) 8.04.230 - Use of city dump truck permitted when. City residents may avail themselves of a city dump truck for disposing of garbage or refuse not allowed in city garbage containers at a rate established by the garbage committee. Spot trucks are made available through the city engineer's office. (Prior code § 8.12.065) 8.04.2340 - Collection by city exclusive. It is unlawful for any person other than the city to engage in the business of collecting, removing and disposing of refuse within the jurisdic tion of the city, or for any person other than Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 Formatted: historynote0 Formatted: historynote0 Formatted: Font: (Default) Times New Roman, 12 pt, Strikethrough Formatted: Font: (Default) Times New Roman, Strikethrough Formatted: Font: (Default) Times New Roman, 12 pt, Strikethrough 167 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments the city, its agents or employees to do or perform any of the things herein required to be done or performed by the city, except: A. As provided in Section 8.04.12030; B. For drop box service for certain matter not to be placed in receptacles (8.04.13040); C. For drop box service for demolition material with or without a building or demolition permit required; or D. For drop box service for the disposal of shinglesat construction sites; and. E. As provided by MCA 7-2-4736, Preservation of existing garbage or solid waste service in the event of annexation. (Ord. 1075, 1993) 8.04.2450 - City service fees and charges. The city council shall establish fees and charges for additional solid waste rela ted services by resolution. (Ord. 06-04 (part), 2006) Chapter 8.08 - CITY CONTAINER SITE Sections: 8.08.010 - City to operate container site. The city shall operate a container site for garbage and debris. The director of public works shall be the officer in charge of the container site, andsite and shall adopt such rules and regulations as may be required in the operation of the container site. Such rules shall be posted at the entrance of the container site and must be obeyed by all persons using the container site. (Ord. 1073, 1993: Ord. 1022, 1992: prior code § 8.16.010) 8.08.020 – Container site fees. The city council shall, by resolution, establish fees to be charged for dumping by commercial contractors, businesses and noncity residents of wood; trees; uncompacted garbage, trash or rubbish; mixed loads such as wood or trees or other materials; compacted garbage, trash or rubbish; and construction or demolition materials. The city council shall also establish by resolution, fees to be charged for dumping by city residents of materials from construction or demolition projects for which a city building permit or demolition permit is required. City residents that do not pay for regular refuse collection will be charged f ees for utilization of the container site for disposal of garbage and debris. The city council may change, alter or amend any such fee from time to time, at the council's discretion, by further resolution. 8.08.0320 - Solid waste fees for noncity residents. Formatted: historynote0 168 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments A. The city council shall from time to time by resolution set fees for the depositing of household solid waste at the city container site by noncity residents, and the same may be changed from time to time in the council's discretion by further resolution. B. The fees for depositing all other types of garbage, trash or rubbish shall be in accordance with dumping fees as established by resolution of the city council. (Ord. 1074, 1993: Ord. 1023, 1992: Ord. 810, 1985: prior code § 8.16.020) Chapter 8.12 -– CRIMINAL NUISANCES Sections: 8.12.010 – Violations of Chapter 8.12 may be construed as misdemeanors, and are subject to the penalties enumerated in 8.12.1010. 8.12.020 - Purpose. The purpose of this chapter is to regulate conditions in the city that may constitute public nuisances, are injurious to public health, safety, and welfare, obstruct the free use of property or interfere with the comfortable enjoyment of life or property and to provide for the remediation of such nuisances, to protect the public health, safety and welfare and to promote the economic stability of neighborhoods and areas within the city. It is also the purpose of this chapter to prevent and prohibit those conditions which reduce the value of private property, interfere with the enjoyment of public and private property, create, and constitute public nuisances and contribute to the degradation of the character of neighborhoods and the depre ciation of property values. 8.12.0320 – Definitions. 1. Vehicle means a two or more wheeled or track vehicle designed to transport one or more persons or properties from one location to another including without limitation: trucks, buses, cars, motorcycles, scooters, farm, and industrial equipment. a. Inoperable vehicle means any discarded, ruined, wrecked, or dismantled vehicle, vehicle parts or components. Any vehicle not capable of immediate and legal operation in accordance with governing and applicable traffic ordinances and statues or any vehicle not having current license plates lawfully affixed thereto. b. Junk vehicle means any vehicle, including component parts that is discarded, ruined, wrecked, dismantled that remains inoperative or incapable of being driven and which is not lawfully and validly licensed. If a ve hicle is permanently registered under MCA 61-3-562 and meets the criteria for a junk vehicle, the vehicle is a junk vehicle. Junk means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components. Junk includes but is not limited to old or scrap metal, Formatted: Highlight Commented [KC1]: Previous reference to 8.2.110 section did not exist. Formatted: Highlight Formatted: Highlight 169 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments rope, rags, household goods, appliances, furniture, vehicle parts or components, batteries, paper, tires, rubber debris or waste, iron, steel and other old or scrap ferrous or nonferrous material. Open Storage means exposed to the elements or not stored inside an enclosed structure which includes walls on all sides and a roof. 1. Permanent Storage means storage of salvage, rubbish, or junk for a period exceeding five days without moving. 8.12.01240 -– Ice, snow, slush on sidewalks.Removal of snow, ice, etc., from sidewalks by abutting property owners A. It is a public nuisance for the owner, occupant, or person otherwise in charge or control of any premises within the city limits to allow any ice, snow, slush, mud , or other impediment to safe pedestrian travel to accumulate or remain on any sidewalk in front of or adjoining such premises. B. It shall be the duty of the occupant of any premises within the city, or in case such premises are unoccupied, the owner or his or her agent to keep the sidewalks in front of and adjoining his or her premise clean and safe for pedestrians, and to repair the same from time to time; and such occupant, owner or agent shall remove snow, ice, mud, slush and other impediment to safe and convenient foot travel, within twenty-four (24) hours after its accumulation thereon. It shall be the duty of Tthe occupant person in charge or control of theany premises within the city, or in case such premises are unoccupied, the owner or his or her agent to keep the sidewalks in front of and adjoining his or her premise clean and safe for pedestrians, and to repair the same from time to time; and such occupant, owner or agent shall remove snow, ice, mud, slush and other impediment to safe and convenient foot travel, must remove any such impediment from the sidewalks within twenty-four (24) hours after its accumulation thereon, and prevent to continuance and accumulation of the same.must keep sidewalks clean and safe for pedestrian travel at all times. (Prior code § 8.04.110) 8.12.020 - Lawn irrigation. No person shall irrigate lawns or shrubbery and allow the water to collect thereon to such an extent that the same overflows on another's property, or overflows and collects in the gutter of the city streets. (Prior code § 8.04.060) 8.12.030 -– Abandoned vehicles, storage or parking of vehicles, storage of trailers and recreational vehicles, storage of salvage, inoperable vehicles or junk vehicles.Open storage of junk, salvage, vehicles, inoperable vehicles or junk vehicles, trailers and recreational vehicles Commented [KC2]: This is word for word duplication of definitions below in section 8.12.030. Therefore I deleted this section. Formatted: Highlight Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 Formatted: Highlight Commented [KC3]: This was part of the original completed ordinance that was submitted to Brittney last week and should not have been removed. Formatted: Highlight Formatted: Font: Calibri, 11 pt, Highlight Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 170 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments A. Definitions. For the purposes of this section, the terms used above shall be defined as follows: 1. 1. "AutomobileVehicle" means a two or more wheeled or track vehicle designed to transport one or more persons or properties from one location to another including without limitation: trucks, buses, cars, motorcycles, scooters, farm, and industrial equipment. a. Inoperable vehicle means any discarded, ruined, wrecked, or dismantled vehicle, vehicle parts or components. Any vehicle not capable of immediate and legal operation in accordance with governing and applicable traffic ordinances and statues or any vehicle not having current license plates lawfully affixed thereto. b. Junk vehicle means any vehicle, including component parts that is discarded, ruined, wrecked, dismantled that remains inoperative or incapable of being driven and which is not lawfully and validly licensed. If a vehicle is permanently registered under MCA 61-3-562 and meets the criteria for a junk vehicle, the vehicle is a junk vehicle. 1. Junk means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components. Junk includes but is not limited to old or scrap metal, rope, rags, household goods, appliances, furniture, vehicle parts or components, batteries, paper, tires, rubber debris or waste, iron, steel and other old or scrap ferrous or nonferrous material. 3. Open Storage means exposed to the elements or not stored inside an enclosed structure which includes walls on all sides and a roof.2. "Inoperable vehicle" means any automobile incapable of immediate operation under its own power safety and in concurrence with governing and applicable traffic ordinances and statues or any automobile not having current license plats lawfully affixed thereto. C. Storage or Parking of Vehicles. 1. In all residential zoning districts, storage or parking of commercial vehicles shall be limited to one delivery or delivery type vehicle not to exceed eight thousand pounds GVW (gross vehicle weight). 2. Within the city limits open storage and off -street parking of licensed and operable motor vehicles in any front or side yard shall be on a surface prepared with asphalt or concrete. Open storage and off -street parking of licensed and operable motor vehicles in any rear yard may be on any type of surface. 3. Vehicles shall not at any time be in a state of major disassembly, disrepair, or in process of being stripped or dismantle s unless inside a structure or similarly enclosed area designed and approved for such purpose. Painting of vehicles is prohibited unless inside an approved spray booth. D. Storage of Trailers and Recreational Vehicles. Snowmobiles, boats, motorized vehicles that are incapable of being legally operated on a public street, or other recreational vehicles and Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" + Indent at: 0.8" Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 pt, Italic Commented [KC4]: Corrected numbering as it was starting at 2. Formatted: Font: (Default) Times New Roman, 12 pt, Italic Formatted: Font: (Default) Times New Roman, 12 Formatted: Font: (Default) Times New Roman, 12 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" + Indent at: 0.8" Commented [KC5]: This was not numbered and should have been so made it 2. Formatted: Font: (Default) Times New Roman, 12 Formatted: Indent: Left: 0.56", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" + Indent at: Formatted: Font: Italic Formatted: line-indent, Justified, Indent: Left: 0.56", Space After: 7.5 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" + Indent at: 0.8", Pattern: Clear (White) Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Auto, Not Expanded by / Condensed by , Pattern: Clear Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81" Formatted: Font: (Default) Times New Roman, 12 171 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments cam pers, cam per trailers or m otor hom es, and utility/sport trailers w hose m anufa c t ure rs spe c i fic at i ons do not e xc ee d te n fe e t i n w i dt h a nd tw e nty-seve n fe et i n l e ngt h shal l be pa rke d or st ore d as follows: 1. In rear yards; or 2. In side yards, providing that the following conditions are met: a. The property does not have public alley access or other reasonable access to the rear yard, b. The side yard area to be used for such parking or storage has a prepared surface of gravel, asphalt, or concrete, c. The unit shall not be parked any nearer than three feet from the side lot line or five feet from any door, window, or other opening of a dwelling which provides light, air, entrance to, or exit from the dwelling as needed to preserve the health, safety, and general welfare of the occupants of the dwelling, and d. For purposes of this section, the side yard of a corner lot, which is adjacent to the street, is regarded as a front yard and no such parking or storage is allowed. 3. Trailers may be parked in the street if attached to a towing unit and complying with parking ordinances.; 4. It is unlawful for any person or firm to park or store such vehicles in any front yard. 5. It is unlawful to occupy campers, camping trailers, or motor homes for li ving or sleeping purposes for longer than fourteen days per calendar year five ten consecutive days. a. Campers, camper trailers and motorhomes shall not be connected to the city sewer system. E. Storage of Salvage. Permanent open storage of salvage, inoperable vehicles, rubbish, lumber, furniture, appliances, used oil, cans, containers, or other chattel shall not be permitted in any zoning district. Exceptions to th eseis restrictions are principal uses of property (e.g., auto wrecking), which may be permitted in as a business lawfully operated in nonresidential zoning districts, where the storage of such materials is necessary to the operation of the business enterprise. Exception: lumber may be stored in the rear yard covering no more than one percent of the lot area. F. Inoperable Vehicle or Junk Vehicle. Storage, parking or leaving any inoperable vehicle or junk vehicle shall not be permitted in any district. This section shall not apply to: 1. Vehicles stored in conjunction with a business lawfully operated in nonresidential zoning districts, where the storage of such materials is necessary to the operation of the business; or 2. An automobile or part thereof which is completely enclosed within a building in a lawful manner and where it is not visible from the street or other public or private property. G. Any person who allows a public nuisance as set forth in this chapter to exist shall be notified that the nuisance must be removed within ten days after the receipt of the notice. If the nuisance continues to exist after that time, the person shall be guilty of a violation of this chapter and shall be punishable as set forth in Section 8.12.100. Such person shall be guilty of a separate offense for each day after the ten-day period that the nuisance continues to Formatted: list1 Commented [KC6]: This was in the ordinance sent to Brittney last week and should not have been deleted. Formatted: Highlight Formatted: Font: (Default) Arial, 10 pt 172 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments exist. Furthermore, the chief of police may abate the nuisance without prosecution, and the city m ay assess the expense of the abatem ent to the prem ises pursuant to Section 8.12.100. (Ord. 03-5, 2003: Ord. 1024, 1992; prior code § 8.04.100) 8.12.040 -– PROHIBITION AGAINST COMMUNITY DECAY OR NUISANCES. 8.12.040 – – PROHIBITION AGAINST COMMUNITY DECAY OR NUISANCES. A. It shall be a violation of this chapter for any person to own or maintain or allow to exist any public nuisance or community decay on or adjacent to any public street or right-of-way or on any property occupied or unoccupied within the city limits. B. Definitions. 1. "Agency" means the city or department designated by the city to enforce the community decay ordinance. 2. "Community decay" means a public nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are or could be injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property. "Community decay" as used in this chapter may not be construed or defined to apply to approved, normal farming, ranching or other permitted operations, or other approved agricultural facility, or appurtenances thereof, during the course of its normal operations. 3. “Creating a hazard” means a dangerous condition existing on property that would be attractive to children, including such things as an unfenced swimming pool, a refrigerator or other container that could trap a child inside, and an un-barricaded construction site. 4. “Junk” means any worn out, cast off or unusable article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components. Junk includes but is not limited to old or scrap metal, rope, rags, household goods, appliances, furniture, vehicle parts or components, batteries, paper, tires, rubber debris or waste, iron, steel and other old or scrap ferrous or non-ferrous material. 5. "Person" means an individual, firm, partnership, company, association, group, corporation, city, town, or any other entity whether organized for profit or not. 6. "Public view" means community decay which is visible or detectable or noticeable from any point above the surface of the public street or right of way. 7. "Shielding" refers to fencing, screening or other approved man-made or natural barriers that conceal property from public view. Any shielding must conform to all local zoning, planning, building and municipal code provisions. This is not intended to require approved permanent buildings or other approved appurtenances thereto to be shielded. 8. “Uncared for Vegetation” means vegetation exceeding 8 inches above soil level, other than trees, shrubs, cultivated flowers, or gardens. C. Public nuisances include but are not limited to the following: 1. To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected or to remain in any place in the city, or to the prejudice of others. 2. Creating or maintaining on any premises for twenty-four hours or longer any decaying or putrid animal or vegetable matter which contaminates the atmosphere or endangers or Commented [KC7]: This was the original section submitted last week and should not have been deleted. Formatted: Highlight 173 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments injures the health of any person, or which is indecent or offensive to the senses, or interferes with the comfort or enjoyment of any resident in the city. 3. Permit any nauseous, foul, or putrid liquor or other liquid substance to be discharged, placed, or thrown, or to flow from or out of any premises into or upon any adjacent premises, or any public street, alley, road or sidewalk, or into any channel or watercourse. 4. Any cellar, vault, drain, pool, privy, or sewer belonging to or controlled by such person to become, from any cause, nauseous, foul, offensive or injurious to the public health, or unpleasant and disagreeable to adjacent residents or persons, within the limits of the city. 5. Creating a hazard on any premises for more than twenty-four (24) hours. 6. Keeping or maintaining any pen or enclosure, stable or building for animals in such a filthy or unwholesome condition as to be offensive to neighbors or passersby, or injurious to the health of the neighborhood. 7. Allowing uncared for vegetation to remain on lot, boulevard, or abutting alleyway or street. Animal Enclosures It is a public nuisance for any person to keep or maintain any pen or enclosure, stable or building for animals in such a filthy or unwholesome condition as to be offensive to neighbors or passersby, or injurious to the health of the neighborhood. 8.12.050 – Noisome substances It is a public nuisance to cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected or to remain in any place in the city, or to the prejudice of others. 8.12.060 - 8.12.070 – Reserved. 8.12.05850 -Public nuisance. The City of Laurel has a right of entry when necessary to perform an inspection or to enforce the provisions of this chapter when a violation is reasonably believed to exist. A. A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of p ersons, including but not limited to, the following: The enumeration, below, shall not be deemed exclusive, but merely illustrative, it being the intent and purpose of this subsection to include as nuisances, all actions or things of the character described in subsection (1)(aA), above. 1. Accumulating, maintaining or storing in public view on any lot or other parcel of land, any abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, household fixtures or equipment, or junk. If such material is being accumulated as part of an ongoing, active salvage business other than an approved licensed motor vehicle Commented [KC8]: This was addressed in the section that was deleted and therefore needs to come back out Formatted: Highlight Formatted: Space After: 0 pt, Line spacing: At least 21 pt Commented [KC9]: This was also addressed in section that had been deleted Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Custom Color(RGB(49,51,53)), Highlight Formatted: Highlight Formatted: Normal, Space Before: Auto, After: Auto, Pattern: Clear (White) Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Custom Color(RGB(49,51,53)), Expanded by 0.1 pt Formatted: Highlight Commented [KC10]: This is the correct number Formatted: Space After: 0 pt, Line spacing: single Formatted: Font color: Auto, Pattern: Clear Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.5" 174 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments wrecking facility, the salvage business must be located in a properly zoned area for such a business; 2. Accumulating, maintaining or storing in public view on any lot or other parcel of land any junk vehicle, component part of a motor vehicle, or any abandoned, wrecked, dismantled, or inoperative trailers, campers, boats or other watercraft. Any person possessing one or more junk vehic les, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle graveyard, as defined by MCA § 75 -10-501 annotated; 3. Dumping, piling, or stacking of bricks, concrete blocks, waste wood and similar material on any lot or other parcel of land, unless said material is stacked in neat piles and all waste materials from the cleaning of such items, such as mortar, wood splinters, broken and unusable bricks, are removed; 4. Maintaining or accumulating on any lot or other parcel of land, garbage, refuse, decaying vegetation, animal bedding, waste or feces, cesspool, water holes, unsealed water tanks, stagnant water, or any other condition which is or may re asonably become infested or inhabited by rodents, reptiles, vermin or wild animals or may furnish a breeding place for mosquitoes or flies; 5. Maintaining or causing or permitting the same on any lot or other parcel of land, any building or premises which is determined to be dangerous or dilapidated. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous or dilapidated building, if such conditions or defects exist to the extent that the life, health, property, value of property or safety of the occupants or the public are jeopardized: 6. Fire or other casualty damage in public view which remains unrepaired for a period exceeding six months; A building which is undergoing construction or remodeling for which a valid building permit has been issued by the city shall not be deemed in violation of this subsection so long as work thereon is prosecuted with reasonable diligence and so long as the building permit has not expired. B. Any premises where persons gather for the purpose of engaging in unlawful conduct; C. A condition which renders dangerous for passage any public highway or right -of-way or waters used by the public. D. Burning garbage or rubbish within the city limits is specifically prohibited under this chapter; ED. It is a public nuisance to build or maintain an outside toilet within the city limits. Formatted: Indent: Left: 1" Formatted: Highlight Commented [KC11]: This needs to be deleted as it is already addressed in Title 13 (Ordinance O21-01) adopted in January, 2021 Formatted: Highlight Formatted: Highlight Commented [KC12]: Renumbered after deleting D. Formatted: Highlight Formatted: Highlight Commented [KC13]: Now becomes D 175 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments FE. It is a public nuisance for any person to cause or permit any noxious, foul or putrid liquid substance to be discharged, placed, or thrown, or to flow from or out of any premises into or upon any adjacent premises, any public street, alley, road or sidewal k, or into any channel or watercourse. E. A person commits the offense of maintaining a public nuisance if such person knowingly creates, conducts or maintains a public nuisance. The owner of a parcel of property and the occupant of the parcel of property are jointly and severally liable for any violation of this section. There is a rebuttable presumption that the person named as owner of the property on the current assessment list of the state department of revenue is the owner of the property for purposes of this chapter. F. Any act which affects an entire community or neighborhood or any considerable number of persons (as specified in subsection (a)(1) of this section) is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. 8.12.060 - 8.12.070 – Reserved. 8-12-100 - Penalty A. Unless otherwise specified by the provisions of this chapter, any person who violates the provisions of this chapter shall be deemed guilty of creating and maintaining a public nuisance, and upon conviction thereof shall be punishable by a fine for the fi rst offense of not less than $100.00 and not more than $500.00 . or by imprisonment for a term not to exceed six months, or both. The second offense shall be punishable by a fine of not less than $300.00 and not more than $500.00 or by imprisonment for a term not to exceed six months thirty days, or both. The third or subsequent offense shall be punishable by a fine of $500.00 or by imprisonment for a term not to exceed six months ninety days, or both. B. The court may order that in the city be authorized to abate the public nuisance if the property owner or occupant fails to do so, and that the costs incurred by the city in abating said nuisance shall be assessed to the real property and taxed as a specia l assessment against the same. Interest shall accrue at the rate of ten percent per annum from the date of the court's order. C. Each day of failure to comply with the provisions of this chapter shall constitute a separate offense. State Law reference— MCA 7-5-4207. 8.12.110 - Abatement and collection of costs. The remedies specified in this section shall be in addition to all other remedies provided by law. When a public nuisance has not been voluntarily abated within the time specified in the notice to abate, the following procedure shall apply. Commented [KC14]: Deleted because it was addressed in 8.12.040 C. 3. above Formatted: Highlight Formatted: Highlight Commented [KC15]: Now becomes E Formatted: Highlight Commented [KC16]: Now becomes F 176 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments (1) The city may bring an action in the city court to have the nuisance declared as such by the court and for an order enjoining the public nuisance or authorizing its restraint, removal, termination or abatement by the owner or the person who caused the nuisance or the person who allowed the nuisance to be caused or to continue, or an administrative officer, his authorized representative, a police officer, a code enforcement officer, a community service officer or any person under contract with the city to perform such services. (2) The action to declare and abate a public nuisance shall be brought by the city in the name of the people of the city, by the filing of a complaint, which shall be verified or supported by an affidavit. Summons shall be issued and served as provided by state law for civil cases. (3) Upon the filing of the complaint in such action, the judge may issue a temporary injunction. (4) In such action evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance. (5) If the existence of the nuisance is established, an order of abatement shall be entered as part of the judgment in the case. The judge issuing the order may, in his or he r discretion: (a) confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the city general fund, destroy them, or return them to their rightful ownership; (b) close the premises for any period not to exceed 1 year, during which period the premises shall remain in the custody of the court; (c) allow the premises to be opened upon posting bond sufficient in amount to assure compliance with the order of abatement. The bond shall be forfeited if the nuisance is continued or resumed. or (d) any combination of the above. (6) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one days from the date of service. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. (7) The respondent shall file a response on or before the appearance date set forth in the notice of appearance. (8) Upon the date and at the time set for appearance and trial, if the respondent has filed no response and fails to appear and if the city proves that proper service was made on the respondent at least twenty-one days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order that enforcement by the city be stayed for ten days and that a copy of the court's order be 177 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments mailed to the respondent at his last known address. Failure to appear on any other date set for trial shall be grounds for entering a default and judgment thereon against a non - appearing party. For good cause shown, and prior to enforcement, the court may set aside an entry of default and judgment entered thereon. (9) The judgment of the city court may be appealed to the district court. (10) The procedure for determining the cost of abatement of a public nuisance will be as follows: a. Code enforcement staff will secure a contract for removal of the nuisance by following the usual city procurement process. b. Code enforcement staff will coordinate the abatement project with contractor, and oversee the work being performed. c. After the city mayor or his designee and the code enforcement staff have approved the final bill it will be forwarded to the city finance department for payment. d. A copy of approved bill(s) and proof of disbursement is placed in the code enforcement file maintained by code enforcement staff. These documents, along with the itemized abatement expense report are used to deter mine the total cost of abatement for the property. Costs that may be included on the abatement expense report are shown in subsection (7) h below. The abatement expense report is then certified and transmitted to the finance department for approval of asse ssment on the real property being abated. e. The property owner will then be sent an abatement expense report for the subject property and be given notice that any assessment that is not paid shall become a lien upon the property and is enforceable in the same manner as nonpayment of property taxes. The interest fee will be waived for any payments made within thirty days of notice. f. A summary listing of the assessments, tax codes, and property owners will be kept by the clerk and recorder through August 31st of each year, and the list shall be presented to the department of revenue for billing on the next real property tax statement. g. A special abatement fund will be established to account for costs, collections, and transactions necessary to the efficient operation of the program. Assessment funds collected are returned to the designated abatement account for future use on other involuntary property abatements or for transfer back to the city general fund. h. The city shall determine the actual costs of cleanup and involuntary abatement actions and document such costs. The following expenses will be assessed as the actual costs of abatement of a nuisance condition: 1. Code Enforcement staff time/mileage/other costs. 2. Police department staff time/mileage. 3. Other involved city staff time/mileage/other cost. 4. Postage/mailing costs. 178 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments 5. Other direct costs associated with abatement. 6. The statutory judgment interest rate of ten percent per annum computed on above costs which will be waived if the total cost of abatement is paid by the property owner within thirty days of notice. i. The code enforcement staff has the discretion to coordinate and incur reasonable costs and services necessary for the safe, effective, and efficient cleanu p of designated involuntary abatement properties. The code enforcement staff will notify the city mayor or his designee before any additional contracted costs in excess of one thousand dollars are incurred. Chapter 8.13 – FIREWORKS (Prior code § 8.16) Sections: Footnotes:--- (1) --- Editor's note— Ord. No. O11-06, adopted May 17, 2011, amended Ch. 8.16 in its entirety and enacted similar provisions as set out herein. The former Ch. 8.16 derived from prior Code §§ 9.08.050 and 9.08.060; and Ord. 1006, adopted in 1991. 8.13.010 - Prohibited except in certain areas. The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles, or other fireworks or substances designed or intended for pyrotechnic display or demonstration within the city is prohibited; except as provided in this chapter. The mayor may at any time permit a public display or fireworks under such conditions as he/she may prescribe. (Prior code § 9.08.050) (Ord. No. O11-06, 5-17-2011) 8.13.020 - Sale prohibited in city limits. It is unlawful for any person to offer for sale, expose for sale, or sell at retail or wholesale, within the corporate limits of the city, any fireworks of any nature whatsoever. (Ord. 1006, 1991: prior code § 9.08.060) Formatted: Highlight Commented [KC17]: All of the Fire related items highlighted were part of Ordinance O21-01 adopted in January, 2021 and should not have been added back into this Ordinance as it is part of Title 13. Formatted: Highlight Formatted: Font: (Default) Times New Roman, 12 pt, Not Bold, Font color: Auto, Highlight Formatted: No bullets or numbering Formatted: Highlight Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Times New Roman, 12 pt, Expanded by 0.1 pt, Highlight Formatted: Highlight Formatted: Font: (Default) Times New Roman, 12 pt, Bold, Highlight Formatted: Highlight Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Times New Roman, 12 pt, Expanded by 0.1 pt, Highlight Formatted: Highlight Formatted: Font: (Default) Times New Roman, 12 pt, Highlight 179 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments (Ord. No. O11-06, 5-17-2011) 8.13.030 - Discharging dates and times. 1.The discharge of fireworks within the city limits of Laurel is prohibited except as follows: A. July 2 from 8:00 a.m. until 11:59 p.m.; B. July 3 from 8:00 a.m. until 11:59 p.m.; C. July 4 from 8:00 a.m. to 12:30 a.m. on July 5; and D. December 31 from 10 p.m. until 12:30 a.m. on January 1. 2.The mayor, or designee, shall determine if there are special circumstances that warrant the discharge of fireworks not provided for in this section, and authorize such use if the circumstance is community wide and of national, state and local significance. 3.Professional Fireworks Displays Using Display Fireworks. Public displays of fireworks by a licensed, bonded pyrotechnic operator are exempt from this section. Permits for any public display by a licensed bonded pyrotechnic operator from the mayor are required to conduct a public fireworks display. "Display fireworks" means an aerial shell, salute, flash shell, comet, sky battle, mine, and any similar 1.3g (display fireworks) and 1.4g (consumer fireworks) explosive as defined by the U.S. Department of Transportation in Part 173, Title 49, Code of Federal Regulations. (Ord. No. O11-06, 5-17-2011) 8.13.040 - Possession illegal. 1.Possession of fireworks not allowed to be sold or discharged by the state of Montana is illegal. 2.It shall be unlawful for any parent, guardian, or custodian of any child, the child being age twelve or younger, to permit or consent to the possession or discharge by the child of any fireworks as defined herein, unless that parent, guardian or custodian be in direct supervision of the child at the time of discharge. For purposes of this section "direct supervision" means the overall direction and control of an individual and requires the individual furnishing direct supervision to be present and immediately available to furnish assistance while he or she is in possession of or is discharging any and all fireworks. Direct supervision also requires the individual directly supervising to control the application of flame or other means of discharge of the firework and must be no greater than 10 feet away from the individual being directly supervised at time of the firework's discharge. Formatted: Space Before: Auto, After: Auto Formatted: Space Before: Auto, After: Auto 180 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments (Ord. No. O11-06, 5-17-2011) 8.13.050 - Permissible fireworks. Shall be the same as those authorized by the State of Montana. (Ord. No. O11-06, 5-17-2011) 8.13.060 - Littering illegal. It shall be illegal for anyone to leave debris from discharged fireworks on any public place including, but not limited to, parks, sidewalks, streets, and alleys, or on private property not owned by the individual discharging the fireworks. (Ord. No. O11-06, 5-17-2011) 8.13.070 - Enforcement. 1. City police officers shall enforce this chapter. 2. Any police officer charged with enforcing this chapter may; A. Issue a notice to appear to Laurel City Court for violations of this chapter; and/or B. Seize fireworks that are offered for sale, sold, or in the possession of any individual in violation of this chapter. 3. Any person who violates these rules and regulations shall be guilty of a misdemeanor and subject to the following fines: º 1st offense—Two hundred fifty dollars; º 2nd offense—Three hundred fifty dollars; º 3rd offense and higher—Five hundred dollars. (Ord. No. O11-06, 5-17-2011) 8.13.080 - Fireworks prohibited on all city or public property. Fireworks may not be discharged in or on any park, city or public property. (Ord. No. O11-06, 5-17-2011) Formatted: Space Before: Auto, After: Auto Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Font: (Default) Times New Roman, 12 pt, Highlight 181 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments Chapter 8.14 - MISCELLANEOUS FIRE PROTECTION REGULATIONS[2] Sections: Footnotes: --- (2) ---Editor's note— Ord. No. O10-03, adopted Aug. 17, 2010, amended Ch. 8.20 in its entirety and enacted similar provisions as set out herein. The former Ch. 8.20 derived from Ord. 926, adopted in 1987; and prior code §;s 9.08.010 and 9.08.020. 8.14.010 - Bonfires prohibited. A. Except as provided hereinbelow, no person shall build, kindle, ignite, maintain or allow any bonfire, rubbish fire, or any other open fire on any property within the city limits of the city. B. The city fire chief may allow a special permit to a public agency to ignite and maintain a recreational-type bonfire only, within city limits. The agency shall first apply to the fire chief for such permit pursuant to Section 105.6.30 of the International Fire Code which is adopted by th e city. As a condition of granting the permit, the fire chief may require that the city fire department shall stand by, at and during the recreational bonfire for which the permit is granted. The permit holder shall abide by all provisions and stipulations on the permit and obtain a Yellowstone County Open Burning Permit. C. The city fire chief may allow an open burning permit for agricultural purposes to any person(s) requesting such. The permit holder shall abide by all provisions and stipulations on the permit and have obtained a Yellowstone County open burning permit. D. Approved or purchased outdoor fireplaces may be used per manufacturers' specifications and in accordance with Section 307 of the International Fire Code as adopted by the city. No pit fires shall be allowed. Under the provision of MCA 50 -63- 103, you are liable for any and all fire suppression costs and damages resulting from an escaped or uncontrollable fire. Items prohibited to burn can be found attached to ordinance. E. The city council may from time to time by resolution, establish or change a fee to be paid to the city by the applicant, at the time of application for a special bonfire permit. (Ord. No. 10-03, 8-17-2010) Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Times New Roman, 12 pt, Expanded by 0.1 pt, Highlight Formatted: Highlight Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Times New Roman, 12 pt, Not Expanded by / Condensed by , Highlight Formatted: Highlight Formatted: Space Before: Auto, After: Auto Formatted: Font: (Default) Times New Roman, 12 pt, Highlight Formatted: Highlight 182 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments 8.14.020 - Careless conduct in smoking. A. Any person who, by reason of careless, willful or wanton conduct in smoking, or in the use of lighters or matches for smoking, sets fire to any bedding, carpet, curtains, drapes, furniture, household equipment or other goods or chattels or to any building, shall be fined in accordance with the penalties provided in Section 1.36 of the Laurel Municipal Code, or prosecuted under any other appropriate law. B. "Careless conduct in smoking" includes, as used herein, any of the following acts, commissions, or omissions: permitting a spark from a lighted cigar, cigarette or pipe to fall upon or into anything flammable; placing any lighted smoking material on or about or in close proximity to any flammable article; falling asleep with lighted smoking material of any kind at hand; throwing lighted smoking material out of a window or into an elevator pit or elsewhere other than in a proper receptacle therefor; dropping a lighted cigarette or cigar or part thereof into a mail chute in any building; failure to extinguish the fire of a match or any kind of lighter device after use of the same; failure to destroy the lighted part of a cigar or cigarette when disposing of it; failure to destroy the burning smidgen or smidgens of tobacco from a pipe when cleaning or unloading a pipe. C. A plainly printed notice of the provisions of this section shall be posted in a conspicuous place in every sleeping room of every hotel, rooming house, tourist home, tourist court or other place renting rooms for the accommodation of the public. Such notice shall be posted by the owner, proprietor, or managing agent of such establishment. (Ord. No. 10-03, 8-17-2010) Chapter 8.24 - NOXIOUS WEEDS Sections: 8.24.010 - Definition. "Noxious weeds" means non-native plants that have become established or that may be introduced in the state. These Noxious Weeds may render land unfit for agricultur e, forestry, livestock, wildlife, or other beneficial uses. These plants are designated as “Noxious ” by rule of the Montana Department of Agriculture or as a District Noxious Weed by the Yellowstone County Weed Board. all rank vegetable growth of every kind and nature, including but not limited to dandelions and all weeds known as Canada thistle, Scotch bull thistle, Russian thistle, sow thistle, quack grass, leafy spurge (euphorbia esula or euphorbia virgato), field bindweed, Russian knapweed (centaurea picris), hoary cress (lapidium draba, lapidium repens, and humenophysa pubesens), dodder or any similar unwanted vegetation over eight inches in height. Formatted: Space Before: Auto, After: Auto Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.13", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" + Indent at: Formatted: Font: (Default) Times New Roman, 12 183 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments “Owner” means the title owner(s), representative(s) of any title owner, occupant(s), contract purchaser, or any other person or representative of any entit y which holds a legal or equitable interest in any parcel. (Prior code § 8.08.010) No owner or owners of any parcellot, place or area within the city, or agent of such owner, or owners, shall permit noxious weeds on such parcellot, place or area and one-half of any road, alley or street lyingabutting next to such property abutting thereon. The existence of such noxious weeds shall constitute a public nuisance. (Prior code § 8.08.020) 8.24.030 - Notice to destroy. A. Whenever noxious weeds are found to exist upon any premises with in the city, the city shall notify the owner of the property or, if no such person can be found, the person in control of the premises. B. The notice shall state that the existence of such noxious weeds constitutes a public nuisance, and shall order the owners, or persons in charge, to exterminate or remove all such weeds on any parcellot, place or area within the city limits and upon one-half of any adjacent road, street, or roadalley. The notice shall further inform such property owners, or their agents, that upon their failure to remove or exterminate such weeds within a specified time, the city may proceed to have such weeds removed or exterminated and assess the cost thereof to the property involved. C. Personal notice of the order shall be served. In case personal service cannot be obtained, then the notice shall be published in a prominantlyprominently displayed advertisement, once a week for two weeks in a newspaper in the city, or if no such paper exists, in a newspaper within the county. The last date of publication shall be not less than seven days prior to the date upon which the city shall commence the removal of weeds from such property. (Prior code § 8.08.030) 8.24.040 - Noncompliance—City action. Upon the failure, neglect or refusal of any owner or owners, or agent thereof, to exterminate or remove noxious weeds growing, lyinglying, or located upon the property of the owner or upon one-half of any road, alley, or street lying next toabutting the lands parcel before the date specified in the notice, the engineer or other responsible city official may exterminate or remove such noxious weeds. Such official shall report to the city clerk -treasurer the cost of such extermination. The city clerk-treasurer shall make an additional charge of ten percent to cover administrative costs. The total costs shall be assessed against the lot or parcel of land from which or adjourning abutting road, street, or alley which the noxious weeds have been exterminated or removed. The city clerk-treasurer shall cause the aforesaid costs to become a lien against the property involved. Formatted: Font: (Default) Times New Roman, 12 184 Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments (Ord. 97-2 § 4 (part), 1997; prior code § 8.08.040) 8.24.050 - Violation—Penalty. Any person violating a provision of this chapter shall, upon complaint and conviction thereof, be punished by a fine not exceeding five hundred dollars. (Prior code § 8.08.050) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on September 28_________, 2021, by Council Member ___________________. PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of ________________, 2021, upon motion of Council Member __________________. APPROVED BY THE MAYOR this ___ day of _______________, 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 185