HomeMy WebLinkAboutCity Council Packet 10.12.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, OCTOBER 12, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R21-108
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 28, 2021.
Correspondence
2. Building Department Monthly Report - September 2021.
3. Fire Monthly Report - September 2021.
4. Police Monthly Report September 2021.
Council Disclosure of Ex Parte Communications
Public Hearing
5. Public Hearing - 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.
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.
6. Claims entered through October 8, 2021.
7. Clerk/Treasurer Financial Statements for the month of January 2021.
8. Clerk/Treasurer Financial Statements for the month of February 2021.
9. Approval of Payroll Register for PPE 10/3/2021 totaling $215,092.68.
10. Council Workshop Minutes of August 3, 2021.
Ceremonial Calendar
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Reports of Boards and Commissions
11. Cemetery Commission Minutes of May 18, 2021.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
12. Resolution No. R21-108: A Resolution Of The City Council Authorizing The Mayor And City
Clerk To Execute An Underground Gas Pipeline Easement For Northwestern Corporation
D/B/A Northwest Energy For The Purpose Of Constructing, Operating, And Maintaining An
Underground Pipeline To Be Installed And Located Under The City’s Riverside Park.
13. Resolution No. R21-109: A Resolution Approving Zone Changes For Property Owned By
Northwestern Corporation D/B/A Northwestern Energy Located Near Lindy Lane Within The
City Of Laurel’s Zoning Jurisdiction.
14. Resolution No. R21-110: A Resolution Authorizing The Mayor To Execute A Contract With
“In Control, Inc.” To Prepare A Pre-Engineering Survey For The City’s Water Treatment Plant.
15. Resolution No. R21-111: A Resolution Authorizing The Mayor To Execute A Contract With
Groshelle Construction For Construction Of A Roof Addition To The City Water Plant Roof.
16. Resolution No. R21-112: A Resolution Authorizing The Mayor To Execute A Contract With
SR Landscaping, Inc. For Installation Of An Automatic Water Sprinkler System At The City
Water Plant.
17. Resolution No. R21-113: Resolution Of Annexation And Zoning For Property Located At 810
West 7th Street, As An Addition To The City Of Laurel, Yellowstone County, Montana.
18. 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
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File Attachments for Item:
1. Approval of Minutes of September 28, 2021.
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File Attachments for Item:
2. Building Department Monthly Report - September 2021.
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Sep-21 Year to Date 2021
Amnt Valuation Amnt Valuation
New Construction New Construction
1 Single family 0 $0 1 Single family 0 $0
2 Duplex 0 $0 2 Duplex 0 $0
3 Multi-Family 0 $0 3 Multi-Family 0 $0
4 Hotel/Motel 0 $0 4 Hotel/Motel 0 $0
5 Commercial 0 $0 5 Commercial 3 $1,750,466
6 Garage/Carport 3 $102,549 6 Garage/Carport 5 $114,506
7 Mobile Home 0 $0 7 Mobile Home 13 $189,300
Total New:3 $102,549 Total New:21 $2,054,272
Remodel and Additions Remodel and Additions
8 Residential 2 $20,235 8 Residential 8 $133,016
9 Commercial 1 $4,000 9 Commercial 6 $192,121
10 R. Fence/Roof/Siding 12 $89,250 10 R.Fence/Roof/Siding 78 $639,536
11 C.Fence/Roof/Siding 2 $29,000 11 C.Fence/Roof/siding 10 $171,617
12 Sign/Temp Structure 2 $31,969 12 Sign/Temp Structure 16 $117,736
Total R & A 19 $174,454 Total R & A 118 $1,254,026
Grand Total:22 $277,004 Grand Total:139 $3,308,299
CITY OF LAUREL BUILDING DEPARTMENT MONTHLY REPORT
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File Attachments for Item:
3. Fire Monthly Report - September 2021.
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Calls Hours
0
5 67
MVA's 5 77
Other Rescues
2 18
Medical Assist 3 18
Severity Staffing 1200
Other calls 9 90
24 Totals 1470
Fire Prevention
Total Training 250
Total Maintenance 55
Total 1775
Laurel Fire Department
Community Service
Sep-21
Announcements:
Alarms
Wildland Fires
Report for the Month of
Structure Fires
Structure Firefighting
Conduct all levels of Structure Firefighting to include entry and attack, ventilation, salvage,
overhaul, and investigation.
A structure fire is a fire involving the structural components of various types of residential,
commercial or industrial buildings.
Wildland Firefighting
Wildfire,brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire.
Extrications
Rescue victims entrapped in automobiles, machinery, farm equipment, buildings, and trenches.
Other Rescues
Rope Rescue, Water Rescue, Ice Rescue
Alarms
Any false alarms or malfunctions.
Other Calls
EMS assist, Industrial or Aircraft firefighting, Vehicle Fire, Hazmat, Spills, Public safety,
Investigations, gas leaks, Carbon Monoxide problems, etc.
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File Attachments for Item:
4. Police Monthly Report September 2021.
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Page 1 of 5
Total Calls Printed on October 1, 2021
[CFS Date/Time] is between '2021-05-25 00:00' and '2021-06-27 23:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 8 8
: Agency Assist 81 81
: Alarm - Burglary 21 21
: Alarm - Fire 5 5
AMB : Ambulance 87 87
: Animal Complaint 20 20
: Area Check 9 9
: Assault 5 5
: Bad Checks 0 0
: Barking Dog 4 4
: Bomb Threat 0 0
: Burglary 3 3
: Child Abuse/Neglect 3 3
: Civil Complaint 18 18
: Counterfeiting 1 1
: Criminal Mischief 1 1
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Page 2 of 5
Code : Description
Totals
: Criminal Trespass 8 8
: Cruelty to Animals 10 10
: Curfew Violation 30 30
: Discharge Firearm 0 0
: Disorderly Conduct 12 12
: Dog at Large 18 18
: Dog Bite 1 1
DUI : DUI Driver 21 21
: Duplicate Call 2 2
: Escape 0 0
: Family Disturbance 14 14
: Fight 2 2
FIRE : Fire or Smoke 15 15
: Fireworks 6 6
: Forgery 0 0
: Found Property 5 5
: Fraud 6 6
: Harassment 0 0
: Hit & Run 3 3
: Identity Theft 0 0
: Indecent Exposure 0 0
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Page 3 of 5
Code : Description
Totals
: Insecure Premises 0 0
: Intoxicated Pedestrian 0 0
: Kidnapping 0 0
: Littering 0 0
: Loitering 4 4
: Lost or Stray Animal 26 26
: Lost Property 5 5
: Mental Health 3 3
: Missing Person 2 2
: Noise Complaint 6 6
: Open Container 0 0
: Order of Protection Violation 1 1
: Parking Complaint 21 21
: Possession of Alcohol 0 0
: Possession of Drugs 1 1
: Possession of Tobacco 0 0
: Privacy in Communications 2 2
: Prowler 1 1
: Public Assist 87 87
: Public Safety Complaint 7 7
: Public Works Call 29 29
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Page 4 of 5
Code : Description
Totals
: Report Not Needed 11 11
: Robbery 0 0
: Runaway Juvenile 0 0
: Sexual Assault 1 1
: Suicide 0 0
: Suicide - Attempt 1 1
: Suicide - Threat 1 1
: Suspicious Activity 102 102
: Suspicious Person 12 12
: Theft 33 33
: Threats 15 15
: Tow Call 0 0
: Traffic Accident 12 12
: Traffic Hazard 9 9
: Traffic Incident 17 17
: TRO Violation 0 0
: Truancy 0 0
T/S : Traffic Stop 170 170
: Unattended Death 0 0
: Unknown - Converted 0 0
: Unlawful Transactions w/Minors 0 0
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Page 5 of 5
Code : Description
Totals
: Unlawful Use of Motor Vehicle 0 0
: Vicious Dog 2 2
: Warrant 15 15
: Welfare Check 19 19
Totals 1034 1034
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File Attachments for Item:
10. Council Workshop Minutes of August 3, 2021.
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File Attachments for Item:
11. Cemetery Commission Minutes of May 18, 2021.
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MINUTES TO THE MAY 18th Cemetery commission meeting
Meeting started at 5 PM
There was no public input
Attendees;
Rick musson,Richard Herr,Kenny Olson, WALLACE Hall, David Gauslow, Mayor Nelson and Richard klose
Motion to approve minutes of Feb 2,2021 meeting;motion by Richard Herr 2nd by WALLACE Hall,
motion past
No new business
Old business; we have received only one bid for a new kiosk . We voted to hold off until we got more
bids.
Meeting adjourned at 6pm
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File Attachments for Item:
12. Resolution No. R21-108: A Resolution Of The City Council Authorizing The Mayor And
City Clerk To Execute An Underground Gas Pipeline Easement For Northwestern Corporation
D/B/A Northwest Energy For The Purpose Of Constructing, Operating, And Maintaining An
Underground Pipeline To Be Installed And Located Under The City’s Riverside Park.
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R21-108 Approve Northwest Energy Easement
RESOLUTION NO. R21-108
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN UNDERGROUND GAS PIPELINE EASEMENT FOR
NORTHWESTERN CORPORATION D/B/A NORTHWEST ENERGY FOR THE
PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING AN
UNDERGROUND PIPELINE TO BE INSTALLED AND LOCATED UNDER THE CITY’S
RIVERSIDE PARK.
WHEREAS, an “Underground Gas Pipeline Easement” between the City of Laurel as Grantor and the
Northwestern Corporation d/b/a Northwest Energy as Grantee has been negotiated and prepared by the parties;
and
WHEREAS, a copy of the Easement and Map (Exhibit A) detailing the location of the pipeline to be
installed is attached hereto and incorporated herein; and
WHEREAS, the issuance of the easement is in the best interests of the City and Northwest Energy.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts and approves the
attached Underground Gas Pipeline Easement and Exhibit A and authorizes the Mayor and Clerk Treasurer to
execute the same on the City’s behalf.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of October
2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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RETURN TO:
NORTHWESTERN ENERGY Lands & Permitting Department
11 East Park Street Butte, MT 59701-1711
UNDERGROUND GAS PIPELINE EASEMENT
CITY OF LAUREL, PO Box 10 Laurel, MT 59044-0010, (“GRANTOR”), in consideration of an
annual payment of $500.00 and other good and valuable consideration, in hand paid, the receipt
of which is acknowledged, does grant and convey to NORTHWESTERN CORPORATION, a
Delaware corporation, d/b/a NORTHWESTERN ENERGY, (“GRANTEE”), of 11 East Park
Street, Butte, Montana 59701-1711, its successors, assigns, and apportionees, a permanent
easement forty feet (40’) in width, upon which to construct, operate, maintain, replace, upgrade,
and remove a natural gas transmission pipeline, together with all necessary appurtenances, over,
under, along, and across that certain real property located in Yellowstone County, Montana,
and particularly described as follows:
TOWNSHIP 2 SOUTH, RANGE 24 EAST, M.P.M.
SECTION 15: Tract 1 of Certificate of Survey 3387, as described on Document No.
SP3491272, recorded 1/9/2009, with Clerk and Recorder of Yellowstone County, MT
as shown on Exhibit “A” attached hereto and made a part hereof.
NOTE: The permanent easement will be centered off the installed gas transmission line
TOGETHER with reasonable right of access to and from the easement area over lands
of the Grantor using existing roads and trails where practicable; the right to use and keep the
easement area free and clear of any permanent structures, except fences and walking paths;
and the right to clear and remove all timber, brush or vegetation ONLY from any maintenance
area of the easement that may, in Grantee’s sole opinion, endanger the pipeline, or necessary
appurtenances. Grantee will not clear cut the easement path at any time.
GRANTOR covenants with the Grantee that the Grantor is lawfully seized and possessed
of the real estate above-described, and that the Grantor has a good and lawful right to convey it,
or any part thereof.
The annual payment shall be due by Grantee and paid to Grantor each year on the
anniversary date of the final date of execution of this easement by Grantor.
DATED this day of , 20
GRANTOR: City of Laurel
By: ____Its:_________________________
By: ____Its:_________________________
(Acknowledgements appears on following page)
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STATE OF )
)ss.
COUNTY OF )
This document was acknowledged before me on
, 20 , by ________________________________, the __________________________
Of the City of Laurel, Montana
(((NNNOOOTTTAAARRRYYY SSSEEEAAALLL))) Notary Signature:
Notary Print Name:
Notary Public for the State of
Residing at
My Commission Expires 20
Project: Gas Line Project
Sap No.
Acquired by:
Qrm#
STATE OF )
)ss.
COUNTY OF )
This document was acknowledged before me on
, 20 , by ________________________________, the __________________________
Of the City of Laurel, Montana
(((NNNOOOTTTAAARRRYYY SSSEEEAAALLL))) Notary Signature:
Notary Print Name:
Notary Public for the State of
Residing at
My Commission Expires 20
Project: Byron Gas Line Project
Sap No.
Acquired by: R.Ishkanian/C. Smith
Qrm# 26000500-0110
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Exhibit “A”
The following is made a part of that certain Underground Gas Pipeline Easement dated _______________ by
and between City of Laurel, Montana. “Grantor” and Northwestern Corporation, a Delaware corporation,
d/b/a NorthWestern Energy “Grantee”
TOWNSHIP 2 SOUTH, RANGE 24 EAST, M.P.M.
SECTION 15: Tract 1 of Certificate of Survey 3387, as described on Document No. SP3491272, recorded
1/9/2009, with Clerk and Recorder of Yellowstone County, MT
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W:\GAS TRANSMISSION\GIS\GAS\PROJECTS\BYRON\A-21010-1.DWG 7/13/2021 7:20 AM 00018313
NO REVISION DATE REFERENCE DRAWING DWG. NO.ENGINEERED
CHECKED
DRAWN
APPROVED
SCALE
DATE
DRAWING NUMBER
SHEET 1 OF 1
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RYAN EGAN
1 : 150 A-21010-10DesignRE
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MARCH 24, 2021
BYRON L LINE
YELLOWSTONE RIVER CROSSING
BORE PLAN/PROFILE
3/24/2021
SEC.15 T2S R24E
A-20006-1
2029.3' Ground Level Entry & Exit
1972.0' Below Ground Tie-ins
1206.6' No Bending Stress
37.1
6.9 50.2 51.2 55.6 44.1 5.0
R1722.0 R1287.3
TWO TRACK RD
IRRIGATION DITCH
TWO TRACK RD
YELLOWSTONE RIVER
14°
14°
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Bore Exit
Existing Byron Pipeline
Proposed Pipeline Bore
FREY, DALE T & GAYLE M
CITY OF LAUREL
ZITO BROTHERS LLC
CHS INC.
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530.87'867.02' High Water Mark June 2021 625.7'
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File Attachments for Item:
13. Resolution No. R21-109: A Resolution Approving Zone Changes For Property Owned By
Northwestern Corporation D/B/A Northwestern Energy Located Near Lindy Lane Within The
City Of Laurel’s Zoning Jurisdiction.
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R21-109 Zone Changes NorthWestern Energy Corporation Parcels located near Lindy Lane
RESOLUTION NO. R21-109
A RESOLUTION APPROVING ZONE CHANGES FOR PROPERTY OWNED BY
NORTHWESTERN CORPORATION D/B/A NORTHWESTERN ENERGY LOCATED
NEAR LINDY LANE WITHIN THE CITY OF LAUREL’S ZONING JURISDICTION.
WHEREAS, zone changes has been requested in the current zoning designation by
Northwest Corporation d/b/a NorthWestern Energy, the owner of the herein described property
(“Property”) that is located within the City of Laurel’s zoning jurisdiction; and
WHEREAS, the Property consists of two parcels both currently having partial zoning
designations of Heavy Industrial (“HI”) and Agricultural Open (“AP”) which the owner seeks to
have changed to a designation of Heavy Industrial (“HI”) zoning for both parcels of the Property;
and
WHEREAS, it is in the best interests of the residents of the City of Laurel to adopt this
resolution thereby approving the proposed zone changes to provide for an expanded, uniform, and
orderly growth and economic development within the City’s zoning jurisdiction; and
WHEREAS, a duly noticed public hearing was held by the City’s Zoning Commission on
September 15, 2021. The Zoning Commission reviewed and considered the application pursuant
to the criteria contained in the LMC. At the conclusion of the hearing, the Zoning Commission
decided to recommend the approval of the requested zone changes to the City Council subject to
the conditions contained in the Staff Report which is hereby attached hereto and incorporated
herein as part of this resolution; and
WHEREAS, the City Council held a duly noticed public hearing on October 12, 2021. The
City Council gathered testimony and public comment during the hearing from both proponents
and opponents. Based on the evidence presented at the Public Hearings, the recommendation of
the Zoning Commission, and documents submitted by Staff, the City Council has determined the
requested zone changes are in the City’s best interest as detailed in the Zoning Commission and
City Council Records which are incorporated herein as part of this resolution; and
WHEREAS, the City Council hereby adopts the findings contained in the Zoning
Commission Record as well as all items in the Council Record.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Laurel,
Montana, that the zone changes requested by the owner are hereby approved for the Property
described as follows:
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R21-109 Zone Changes NorthWestern Energy Corporation Parcels located near Lindy Lane
Parcel 1, COS 1239, S15, T02S, R24E
Parcel 2, COS 1677, S15, T02S, R24E
BE IT FURTHER RESOLVED, the Property zoning designations are hereby changed to
Heavy Industrial (“HI”) for both Parcels described above subject to the following conditions:
1. The above Parcels shall be fully included in the City’s Zoning Jurisdiction.
2. The above Parcels shall be classified as Heavy Industrial (“HI”) to be fully within the
Heavy Industrial zoning district.
3. The above Parcels shall have no uses deemed not allowable within the Heavy Industrial
(“HI”) District.
4. Any future changes to zoning for the Parcels shall follow the same process and procedure
required to obtain the zone changes approved herein.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of
October 2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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1
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Zone Change Request – Northwestern Energy
DATE: September 29, 2021
N/LOCATION:
DESCRIPTION OF REQUEST
A Zone Change application has been submitted by Sanderson-Stewart on behalf of their client,
Northwestern Energy Corporation on August 16, 2021 for their two properties described as:
• Parcel 2, COS 1677, S15, T02S, R24E
• Parcel 1, COS 1239, S15, T02S, R24E
Parcel 1, COS 1239 currently has two zoning designations, half the parcel is Heavy Industrial
(HI), and half is Agricultural Open (AO). Parcel 2, COS 1677 currently has two zoning
designations, approximately a quarter of the parcel is zoned Heavy Industri al (HI), a quarter of
the parcel is zoned Agricultural Open (AO), and half of the parcel lacks a zoning classification.
The Applicant seeks to amend the official Laurel Zoning Map to expand the zoning jurisdiction
to include the entirety of the parcels and provide Heavy Industrial (HI) zoning to the entirety of
the two parcels. Approval of this Zone Change request would amend the Laurel Zoning district
to fully encompass the parcels in question, as well as apply Heavy Industrial (HI) zoning to the
entirety of Parcel 2, COS 1677 and Parcel 1, COS 1239.
Owner: Northwestern Corporation
Legal Description: S15, T02 S, R24 E, C.O.S. 1677, PARCEL 2
Legal Description: S15, T2S, R24E, C.O.S. 1239, PARCEL 1 (CENTRALLY ASSESSED)
Address: Lindy lane (Approximate)
Parcel Size: 44.179 Acres (total)
Existing Land Use: Power Generation (Parcel 1), Agricultural (Parcel 2)
Existing Zoning: Heavy Industrial (HI), Agricultural Open (AO), unzoned
Proposed Land Use: Heavy Industrial (HI)
/LOCATION:
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BACKGROUND AND PROCEDURAL HISTORY
• February 23, 2021 – Contractors for Northwestern Energy begin conversations with the
Planning Department regarding amending the zoning of parcels.
• March 23, 2021 – City Staff provide data and details on the quality of water within the
City water system as well as other utility data.
• May 17, 2021 – Sanderson Stewart staff contact City Planning Dept inquiring on the
process for re-zoning the parcels in question.
• May 18, 2021 – City Staff provide all information on the Zone Change process to
Sanderson Stewart and explain the process.
• August 16, 2021 – Zone Change Application packet submitted to the City Planning
Department.
• September 15, 2021 – Public Hearing took place at the Laurel City-County Planning
Board for review as per the criteria in the Laurel Municipal Code. The Planning Board
voted to approve the Zone Change request with the conditions stated within this staff
report.
• October 12, 2021 – Public Hearing scheduled in front of the Laurel City-Council.
• Subsequent governing Body Action to follow as necessary.
STAFF FINDINGS
1. August 16, 2021 - The Applicant submitted a physical and digital copy of the Zone
Change application
2. The Application contains all necessary items to move forward in review process.
3. The applicant is requesting a zone change for the above identified parcels to Heavy
Industrial (HI).
4. The applicant has stated their goal of installing a power generation station that will
generate 175-megawatts from natural gas in order to reinforce current power system
capacity.
5. The parcels in question are already partially zoned as Heavy Industrial (HI).
6. The surrounding area to the immediate west is zoned Heavy Industrial (HI) and is used
for those purposes by CHS Inc. as a petroleum refinery and by the City of Laurel as a
Sewer Treatment Facility.
7. The current use of Parcel 1 as a public utility service installation is allowable within the
Heavy Industrial (HI) zoning classification.
8. The proposed use of Parcel 2 as a public utility service installation is allowable within the
Heavy Industrial (HI) zoning classification.
PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance
with the provisions of this chapter, and after a public hearing at which the application shall
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be presented to the zoning commission by the planning director together with his findings
and conclusions on the matter. A report of the commission's recommendation and the
planning director's findings and conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public
hearings and meetings, which shall be published and available to the public, as well as
conflict of interest rules, to ensure that no member is entitled to vote on a matter in which
he has an interest directly or indirectly.
RECOMMENDATIONS
The Planning Director recommends that the Planning Board and Zoning Commission approve
the zone change request and grant action on the application not to exceed thirty days for:
• Parcel 2, COS 1677, S15, T02S, R24E
• Parcel 1, COS 1239, S15, T02S, R24E
The Zone Change approval specifically notes that:
1. The parcels in question shall be fully included within the Laurel Zoning Jurisdiction.
2. The parcels in question shall have their zoning classification changed to fully be within
the Heavy Industrial (HI) zoning district.
3. The parcels in question shall have no use on them which are not deemed allowable
within the Heavy Industrial (HI) zoning district.
4. Any future change of zoning for said parcels shall follow the same process as this
approval.
ATTACHMENTS
1. Zone Change Request Letter and Justification
2. Zone Change Application Form
3. Aerial Parcel Maps for effected properties
4. Aerial Parcel Map with concept drawing of proposed use
5. Site Concept Plan for proposed use
6. Declaration of Covenants and Conditions
7. LMC 17.20 – Commercial-Industrial Use Regulations
8. LMC 17.72 – Amendments
65
July 23, 2021
Mr. Nick Altonaga, CFM
Planning Director
City of Laurel
PO Box 10
Laurel, MT 59044
Reference: Zone Map Amendment Application
NorthWestern Energy Laurel Generating Station
Dear Mr. Altonaga:
On behalf of NorthWestern Energy Corporation, please accept our application for a Zone Change
Request for the following two properties:
o Parcel 2, COS 1677, S15, T02S, R24E
o Parcel 1, COS 1239, S15, T2S, R24E
The properties are currently zoned Heavy Industrial (HI) and Agricultural Open Space (A1). The
requested zoning is Heavy Industrial (HI) for both properties. Please note that the Laurel Zoning
Jurisdiction splits Parcel 2, and with this application we are requesting that the City of Laurel adjust
the jurisdiction line so that it encompasses all of Parcel 2.
NorthWestern Energy has identified a need for a new energy generation station. Planned retirements
of electric assets in the Pacific Northwest region exceed 3,600 MW and the Northwest Power and
Conservation Council forecasts regional capacity shortfalls as early as 2021. NorthWestern’s
continued reliance on the market to purchase energy to fill the gap during peak customer demand
will significantly increase price and reliability risk for NorthWestern’s customers because of the
reduced energy supply availability.
In order to close the gap between our electricity generation and our customers’ demands, the Laurel
Generating Station will be developed to generate 175-magawatt from natural gas.
66
Mr. Nick Altonaga
July 23, 2021
Page 2
The location offers access to adequate, uncongested electric transmission and adequate natural gas
supply. This land use will be consistent with the adjacent heavy industrial uses represented by the
CHS Refinery and Laurel Water Treatment.
In support of this application, the following documents are included:
1. Application Form
2. Area Exhibit
3. Existing Zoning Exhibit
4. Proposed Zoning Exhibit
5. Site Plan of Generating Station
6. Adjacent Property Owner List and Mailing Labels
7. Property Covenants
8. Application Fee
Should you require any additional information, please do not hesitate to contact me. I can be
reached at (406) 922-4313 or lwaterton@sandersonstewart.com.
Sincerely,
Lauren Waterton, AICP
Associate/Senior Planner
Enc.
cc: Roy Ishkanian, NorthWestern Energy
67
Page 3 of 4
CITY HALL
115 W. 1ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
Zone Change Request
The Undersigned as owner or agent of the following described property requests a Zone Change
as outlined in the City of Laurel Zoning Ordinance.
Current Zoning District (if zoned):
Proposed Zoning District:
Legal Description of the Property:
Address or General Location:
Owner(s)/Applicant(s):
Name:
Address:
Phone:
Email:
Name:
Address:
Phone:
Email:
68
I
Agent( s )/Representative( s):
Name: Sanderson Stewart, Attn: Lauren Waterton
Address: 1300 N. Transtech Way, Billings, MT 59102
Phone: 406-922-4313
Email: lwaterton@sa ndersonstewa rt .com
Purpose/Reason for Zone change:
In order to meet the needs of customer's energy needs, NorthWestern Energy
will construct an energy generating station using natural gas supply.
The land use is consistent with adjacent heavy industrial uses (CHS Refinery, Laurel
Water Treatment Plant)
I understand that the application fee accompanying this application is non-refundable, that it pays
the cost of processing, and that the fee does not constitute a payment for a zoning change
approval. I further certify that all the information presented on this application and its supporting
documentation is true and correct.
Agent and/or Representative Signature: __________________ _
Date:
Page 4 of 4
69
S LAUREL RD
I -9 0 E
I -9 0 W
E RAILROAD ST
S S T R A U C H R D
S M A G E L S S E N R D
L I N D Y L N
S E W E R P L A N T R D
B E R N H A R D T R D
HIG
H
W
AY 212 S
B E R N H A R D T R D
Northwestern Energy Zone ChangeJune 22nd, 2021
0 0.50.25 MilesZone Change Parcels
300 ft Buffer
Parcels
1
2
3
45
6
78
70
S S T R A U C H R D
S E W E R P L A N T R D
L I N D Y L N
HI
A1
Northwestern Energy Current ZoningJuly 21st, 2021
0 0.25 0.50.125 MilesZoning Districts
A1 (Ag Open Space)
HI (Heavy Industrial)
Zone Change Parcels
Zoning Jurisdiction Boundary
Parcels
C.O.S. 1239, PARCEL 1
C.O.S. 1677, PARCEL 2
71
S S T R A U C H R D
S E W E R P L A N T R D
L I N D Y L N
HI
A1
Northwestern Energy Proposed ZoningJuly 21st, 2021
0 0.25 0.50.125 MilesCurrent Zoning Districts
A1 (Ag Open Space)
HI (Heavy Industrial)
Zone Change Parcels
Proposed Zoning Jurisdiction
Proposed Zoning (HI)
Current Zoning Jurisdiction Boundary
Parcels
C.O.S. 1239, PARCEL 1
C.O.S. 1677, PARCEL 2
HI
72
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StëvéartTitieCornpany
Return recordeddocument to:
CHS Inc.
P.O.Box 909
Laurel,MT 59044
DECLARATION OF COVENANTS AND CONDITIONS
This DECLARATION OF COVENANTS AND CONDITIONS (this
"Declaration")ismade effectiveas of the 1Ithday of May,2021,by CHS INC.,a Minnesota
cooperativecorporation,whose post officeaddressisP.O.Box 64089,SaintPaul,Minnesota
55164-0089 (hereinafter"CHS");and NORTHWESTERN CORPORATION,a Delaware
corporation,d/b/a NORTHWESTERN ENERGY with an addressof 11 East Park Street,
Butte,MT 59701-1711 (hereinafter"NorthWestern").
WITNESSETH
WHEREAS,CHS isthe owner of those certaintractsor parcelsof land situatedin
Yellowstone County,Montana,identifiedcollectivelyas the "BenefittedParcels"on the attached
ExhibitA,and as legallydescribedon the attachedExhibitB;and
WHEREAS,NorthWestern isthe owner of thatcertaintractor parcelof land situated
in Yellowstone County,Montana,identifiedas the "Burdened Parcel"(and togetherwith the
BenefittedParcels,the "Parcels")on the attachedExhibitA,and as legallydescribedon the
attachedExhibitC.
NOW,THEREFORE,in considerationof the agreements,easements,covenants,
conditionsand restrictionscontained in thisDeclaration,CHS and NorthWestern do hereby
establishand declare that the Parcels shall be owned,held,and conveyed,subject to the
agreements,easements,covenants,conditionsand restrictionssetforthin thisDeclaration.Upon
recordationof thisDeclaration,any conveyance,transfer,sale,hypothecation,assignment,lease
or subleasemade by NorthWestern or CHS,or by any owner of any portionof the Parcelsshallbe
and isdeemed to incorporateby referencethe provisionsof thisDeclaration,as the same may from
time to time be amended,and each owner,by acceptanceof the conveyance of any portionof the
Parcels,and each occupant by itsuse and occupancy of any portionof the Parcelsshallbe bound
by the provisionsof thisDeclaration.
1.PlantConstructionand Operation.
(a)The Burdened Parcelmay be used forthe constructionand operationof a
nominal 175 MW gas-fired,electric-generatingplant(the"Plant")consistingof eighteen,9.7
MW classCaterpillarG20CM34 naturalgas reciprocatinginternalcombustion engines (RICE)
75
and associatedbalance of Plantequipment in fullcompliance with allapplicablelaws and
regulations.
(b)Priorto making any submission to the Montana Department of
Environmental Quality(the"MDEQ")pursuantto Title17,Chapter 8,Subchapters7,8 or 12 of
the AdministrativeRules of Montana relatingto the construction,operationor maintenance of
the Plant(includingany revision,modificationor supplement thereto,each,an "MDEQ
Submission"),NorthWestern shallprovide to CHS a copy of the MDEQ Submission and CHS
shalldeterminewhether the operationof the Plantpursuantto the provisionsinthe MDEQ
Submission willadverselyaffectthe BenefittedParcelsor CHS's activitiesconducted or to be
conducted upon the BenefittedParcels.CHS shallhave 10 businessdays followingthe receiptof
the MDEQ Submission to eitherprovide writtenconsentor objectionthereto.IfCHS objects,
the partiesshallworiccollectivelyto discusschanges to the MDEQ Submission thatwould
addressCHS's objectionand resultin CHS's consent.NorthWestern shallnot submit the
MDEQ Submission to the MDEQ without the priorwrittenconsentof CHS,which consent shall
not be unreasonablywithheld or delayed.IfCHS shallfailto respond to NorthWestern within
such 10-businessday period,then CHS shallbe deemed to have consented to the MDEQ
Submission.
(c)Any development or constructionon the Burdened Parcelthatdeviates
from the layoutof the Plantsetforthon ExhibitD shallrequirethe priorwrittenconsent of CHS.
(d)Following the constructionand commissioning of the Plantand in accord
with the Montana Air QualityPermit issuedto constructthe Plant,NorthWestern shallsubmit an
applicationto MDEQ fora TitleV OperatingPermit in accordance with the terms and
proceduressetforthin Section 1(b),and NorthWestern shalloperatethe Plantin compliance
with any TitleV Operating Permit issuedby MDEQ.
(e)Following the constructionand commissioning of the Plant,the Plant shall
be suppliedwith naturalgas through the repurposedByron Pipeline.Any proposed change to the
naturalgas supply to the Plantfrom any source otherthan the repurposedByron Pipelineshall
requirethe priorwrittenapprovalof CHS.
2.PublicGrant.Nothing containedhereinshallbe used or construedas a grantof
any rightsto any publicor governmental authorityor agency.
3.Notices.Any noticeor othercommunication requiredor permittedto be given
hereunder shallbe in writingand shallbe mailed to the applicablepartyby certifiedor registered
mail,postageprepaid,or nationallyrecognizedovernightcourier,and shallbe consideredgiven
upon receipt,addressedas follows:
CHS Inc.
5500 Cenex Drive
Inner Grove Heights,MN 55077
Attn:General Counsel;
2
76
CHS Inc.Laurel Refinery
P.O.Box 909
Laurel,MT 59044
Attn:VP Refining;and EH&S Manager
a+
NorthWestern Corporation
d/b/aNorthWestern Energy
11 East Park Street
Butte,MT 59701-1711
Attn:General Counsel;and
Vice-PresidentSupply
Addresses may be changed by givingnoticeof such change to the otherparty inthe
manner provided herein.Unless and untilsuch writtennoticeisreceived,the lastaddressgiven
shallbe deemed to continuein effectforallpurposes.
4.Successors,Duration.The agreements and restrictionscontainedhereinand
the rightsgrantedhereby shallrun with the titleto the respectiveParcelsand shallbind and inure
to the benefitof the partiesheretoand theirrespectiveheirs,successors,and assigns.Unless
otherwisecanceled or terminated,thisDeclarationand allof the easements,rightsand
obligationshereof shallbe perpetualunlessprohibitedby applicablelaw,in which case this
Declarationshallremain in effectforthe maximum amount of time allowed by law but in no
event fewer than one hundred (100)years.
5.Amendment.This Declarationmay only be amended,modified or
supplemented by a writingsigned by each partyhereto;provided thatCHS may unilaterally
amend ExhibitsA and B heretosolelyto remove any tractor parcelof land from the Benefitted
Parcelshereunder,and shallthereafterdeliverto NorthWestern such amended ExhibitsA and B,
which amended ExhibitsA and B may be unilaterallyrecorded by CHS.NorthWestern shall,if
requestedby CHS,execute and deliveran instrumentin recordableform effectingan amendment
to ExhibitsA and B solelyto remove any tractor parcelof land from the BenefittedParcels.
6.Headings.The headings of the paragraphscontainedhereinare intendedfor
referencepurposes only and shallnot be used to interpretthe agreements containedhereinor the
rightsgrantedhereby.
7.Counterparts.This Declarationmay be executed in one or more counterparts,
includingby facsimileor otherelectronicmeans,allpartiesneed not be signatoriesto the same
documents,and allcounterpartsigned documents shallbe deemed to be an originaland one and
the same instrument.
[Signaturepages follow.]
3
77
IN WITNESS WHEREOF,CHS has executed thisDeclarationthis day of
4 ,2021.
CHS INC.,.
a Minnesota cooperatiye'borpoy4tion
Name:John Traeger
Title:SeniorVice President
ATTEST:
Name:Helene Dreyling
Title:AssistantSecretary
ACKNOWLEDGEMENTS
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
This instrumentwas acknowledged beforeme this day of May ,
2021,by J#An Thre4e ,as Sch*Vict &¢.d48f CHS Inc.,a Minnesota cooperative
corporation,for and on behalfof saidMinnesota cooperativecorporation.
WITNESS MY HAND and notarialsealsubscribedand affixedin saidCounty and State,
the day and year in thiscertificateabove written.
B
NotaryPublic-Minnesota
N ry Pubhc w--v.am
My Commission Expires:3 .
Signaturepage to Declarationof Covenants and Conditions
78
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
This instrumentwas acknowledged beforeme this /p day of /|Adid ,
2021,by Helene Dreyling,as AssistantSecretaryof CHS Inc.,a Minnesota coo"perative
corporation,for and on behalfof saidMinnesota cooperativecorporation.
WITNESS MY HAND and notarialsealsubscribedand affixedin saidCounty and State,
the day and year in thiscertificateabove written.
By:.JULIA D.HURD
No Public .NotaryPublic-Minnesota
My Comtnission Expires:
Signaturepage to Declarationof Covenants and Conditions
79
IN WIT WHEREOF,NorthWestern has executedthisDeclarationthis
NORTHWESTERN CORPORATION,
a Delaware corporation
d/b/aNorthWestern Energy
By:
Name:ion .
Title2vtsM 4Û.ADC)
ACKNOWLEDGEMENT
STATE OE )
)SS
COUNTY OF )
This instrumentwas ac wiedged beforeme thisÉ day of A.4 ,
2021,by .Ad ,as denk +0..coof NorthWestern Corporati ,a
Delaware corporation,d/b/aNorthWestern Energy,forand on behalfof saidDelaware
corporation.
WITNESS MY HAND and notarialsealsubscribedand affixedin saidCounty and State,
the day and year in thiscertificateabove written.
By:x i À.A.
Notary Public *E 8.
My Commission Expires:37 O OTARP
SEAL }
*·PUBL\C
pn
Signaturepage to Declarationof Covenants and Conditions
80
EXHIBIT A
SitePlan Showing the Parcels
See attached.
ExhibitA to Declarationof Covenants and Conditions
81
82
EXHIBIT B
Legal descriptionof the BenefittedParcels
See attached.
ExhibitB to Declarationof Covenants and Conditions
83
EXHlBIT
B
ParcellD
PropertyID
Owner
County
LegelDescription
PropertyAddress
PropertyC/5/Z
OwnerAddress
OwnerCity
OwnerState
OwnerZipCo
03082116305160000
252077
CHSINC
VeNowstone
S16,T02$,R24E,C.011254,PARCEL98LK2,AMD
403BADGERSQ
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
1
03082115201010000
252000
CHSINC
VeHowstone
515,T025,R24E,S2NW(LESSHWY)
78.91AC
607BERNHARDTRD
LAUREt,MT59044
POBOX909
LAUREt.
MT
59044-0909
03082116309010000
252093
CHSINC
Yellowstone
$16,T02S,R24E,CO.S.12S4,PARCEL48LK3,AMD
SO4BADGERSQ
LAUltEL,MT59044
POBOX909
LAURE
MT
590444909
03082116309040000
252089
CHS
INC
Yellowstone
S16
T02
S,R24
E,C.O.S.
1254,
PARCEL
1BLK
3,AMD
1974
DETROITER
TITLE:
M656081
TAXED
W
402
BADGER
SQ
LAUREL,
MT
59044
PO
BOX
909
LAUREL
MT
S9044·0909
03082116407050000
227374
CHSINC
Yellowstone
S16T025,R24E,
244,PARCEL38,2NDAMND
USHIGHWAY2125
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044·0909
03082116309050000
252090
CHSINC
Yellowstone
516,T025,R24E,C011254,PARCEL2BLK3,AMD
410BADGER$Q
LAUREL,MTS9044
POBOX909
LAUREL.
MT
59044·0909
03082116407060000
227373
CHSINC
Yellowstone
516,T025,R24E,C01244,PARCEL3A,AMND
1111USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREt
MT
59044-0909
03082116407100000
227371
CHSlNC
Yelbwstone
$16,T025,R24E,C01244,PARCEL1.AMND
1043USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116207010000
229499
CHSINC
Yelbwstone
RUSSELLSUBD,516,1025R24E,BLOCK2,Lot1.3,&FRACLT4-6SOFHWV
POBOX909
LAUREL
MT
59044-0909
03082116905250000
252088
CHSINC
Yelbwstone
$16,T025,R24E,C,011254,PARCEL19BtK2,AMD
53SBADGERSQ
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116318020000
252039
CHSINC
Yelbwstone
516,T02S,R24E,FRACS1/2NWNESW1/4
YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116320010000
229498
CHSINC
Velbwstone
RUSSELLSUBD,S16,T025,R24E,BLOCK1,tott-12
USHtGHWAY212$
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116415050000
252027
CHSINC
Velbwstone
516,T025,R24E,N2NENESE4
USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082115201100000
251998
CHSINC
YeNowstone
$15,7025,R24E,FRACN2NW50FHWY(LESSC/51142&1291)
POBOX909
LAURE
MT
590444909
03082116101010000
252017
CHSBNC
VeHowstone
S16,702$,R24E,CO,S,969,3.59ACRES
CHSUSIWGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116312010000
252036
CHSINC
VeHowstone
$16,T02$,R24E,CO.S.994,PARCEL1,&TR2
YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116317250000
252045
CHSINC
VeHowstone
S16,T025,R24E,C011604,PARCEL1,AMND
YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116401010000
252034
CHSINC
Yellowstone
S16,T02S,R24E,C.01952,PARCEL2
USHIGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
59044·0909
03082116409010000
252029
CHSINC
Yellowstone
S16,T02S,R24E,C.013225,PARCELA,FRACSE4(LE55,04ACHWY)&TRACOS3225102.217
8030SHIGHWAY212S
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044·0909
03082120101010000
2S2170
CHSINC
Yellowstone
520,T025,R24E,$ENWNESWE2NESWNE&tOTS1TO3
293.78ACRES
1843STRECKLN
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116301010000
252032
CHSINC
Yellowstone
S16,T025,R24E,525WSW4
SSTHAVE
UWUREt,MT59044
POBOX909
LAUML
MT
59044.0909
03082116317050000
2S2050
CHSINC
Yellowstone
S16,T02S,R24E,C011222,PARCELA2,AMND
605S9THST
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116404200000
252030
CHSINC
Yellowstone
516,T025,R24E,C01804
1303NUTTINGRD
LAUREL,MT59044
POBOX909
LAUREL
MT
590440909
03082116407080000
227372
CHSINC
YeHowstone
$16,T025,R24E,C.01244,PARCEL2
USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
030B2115101150000
251994
CHSINC
Yelbwstone
$15,T025,R24E,N2NE(SOFHWY)
POBOX909
LAURE
MT
59044-0909
03082116102020000
252014
CHSINC
Yelbwstone
516,T02ER24E,C.O.S.993,PARCEL1
CH5USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044,0909
03082116315010000
252035
CHS
INC
Velbwstone
$16,
T025,
R24
E,N2SENESW4
&FRAC
NENESW4
LESS
HWY
PO
BOX
909
LAUREL
MT
59044-0909
03082116317010000
252049
CHSINC
Velbwstone
S16,T025,R24E,C011676,PARCEti,NWSW4
830VELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116407020000
227378
CH5INC
VeHowstone
S16,T02$,R24E,C01244,PARCEL6
USHIGHWAY212S
LAUREL,MTS9044
POBOX909
LAUREL
MT
590440909
03082115201150000
251999
CHSINC
VeHowstone
515,T02S,R24E,CO.S.1142,PARCEL1,AMND
PO90X909
lAUREL
MT
59044.0903
03082116101020000
263125
CHSINC
VeHowstone
S16,T025,R24E,CO.S.188
CHSUSHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044.0909
03082116206010000
229S02
CHSINC
Yellowstone
RUSSELLSUBD,516,T02S.R24E,8LOCK3,FRACOFBLK3RUSSELSUBSOF1-90,450AC(98)
S6THST
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116910010000
252043
CHSINC
VeHowstone
516,7025,R24
E,N2NWSESW4
1017YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116917100000
252051
CHSINC
YeRowstone
S16,T025,R24E,C011222,PARCELA1,AMDTR1
$9THST
LAUREL,MT59044
POBOX909
.LAUREL
MT
590444909
03082116318010000
252040
CHSINC
Yelbwstone
S16,702SR24E,C01430
801YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082115101010000
251997
CHSINC
Yellowstone
S15,T025
R24E,52NEEXC1424X305.09'At0NGNUNE
POBOX909
LAUREL
MT
590444909
03082116102010000
252018
CHSINC
Yellowstone
$16,T025,R24E,C01939,1,01ACRES
CHSUSHlGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116313010000
252041
CHSINC
Yellowstone
S16,T025,R24E,CD11856,PARCELA,SW4
951YELLOWSTONEAVE
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044-0909
I
03082116313150000
252042
CH5INC
Yellowstone
S16,T025,R24E,CD11856,PARCELB,5W4
833YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116407030000
227376
CH5INC
Yellowstone
S16,T025,R24E,C01244,PARCEL5
1127USHIGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
59044.0909
03082116407040000
227375
CHSlNC
Yellowstone
S16,T025,R24E,COS244,PARCEL4,&3C2NDAMD,11035SQFT
(05)
1123USHIGHWAY212$
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082121201010000
252172
CHSINC
Yellowstone
S21,T025,R24E,LOTSITO3N2NW185,2AC
130BNUTTINGRD
LAUREL,MT59044
POBOX909
LAUREt
MT
59044.0909
03082116305240000
252087
CHSINC
Yelbwstone
$16,T025,R24E,C011254,PARCEL18BLK2,AMD
527BA0GERSQ
LAUREL,MT59044
POBOX909
LAUREL
MT
59044,0909
03082116306010000
252038
CHSINC
YeHowstone
$16,T025,R24£,C.012087,PARCEL1,SESW
TELLOWSTONEAVES
LAUREL,hlTS9044
PO90X909
LAURR
MT
59044,0909
03082116309030000
252095
CHSINC
Yelbwstone
$16,T025,R24E,C,0.5.1254,PARCELGBLK3,AMD
1104YELLOWSTONEAVES
LAUREL,MTS9044
POBOX909
LAURR
MT
59044,0909
03082116319010000
229520
CHSINC
YeHowstone
SHEETSSUBD,$16,T025,R24E,BLOCK3,Loti-3,(LESSHWY)LT9-16(LESSHWY)
YELLOWSTONEAVES
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044.0909
03082115307020000
252006
CHSINC
Yelbwstone
$15,T02S.R24E,NWSW,FRACLTSS&4(LESS2.5ACCITVOFLAUREL&COS1998)94.51AC
627BERNHARDTRD
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116303010000
252033
CHSINC
Velbwstone
$16,T025,R24E,CO1952,PARCEL1
SBTHAVE
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116305020000
252069
CHSINC
Yelbwstone
S16,T02S.R24E,C.011254,PARCEL2BLK2,AMD
1118BOBCATDR
LAUREL.MT59044
POBOX909
LAUREL
MT
59044-0909
03082116404010000
252031
CHSINC
Yellowstone
S16,T02S.R24E,FRACS2$2SE
POBOX909
LAUREL,
MT
590444909
03082116407010000
227379
CHSINC
Velbwstone
S16,T02S.R24E,C.01244,PARCEL7
1205USHlGHWAY310
LAUREL,MT59044
POBOX909
LAUREL
MT
59044.0909
84
EXHIBIT C
Legal descriptionof the Burdened Parcel
See attached.
ExhibitC to Declarationof Covenants and Conditions
85
Exhibit C
That partof the Southeastquarterof Section 15,Township 2 South,Range 24 East,of the
PrincipalMontana Meridian,describedas Tract2,of Certificateof Survey No.1677 on filein the
officeof the Clerk and Recorder of Yellowstone County,Montana,under Document No.1056543.
16398463_v3
86
EXHIBIT D
PlantLayout
See attached.
16384356_v8
ExhibitD to Declarationof Covenants and Conditions
87
Exhibit
D
-
Page
1
of
2
Note:
Plant
layout
and
property
boundary
are
shown
in
approximate
locations.
Plant
layout
will
be
added
to
the
property
survey
at
a
later
date
and
an
updated
drawing
will
be
provided.
-
-
-
-
Approximate
Property
Boundary
on
mmmmmmtmmm
88
eeeeeeeee®®®®®®®®®®®®®®®®®®®®®®®®®
89
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Accessory buildings or uses incidental and customary to a permitted
residential use and located on the same parcel as the permitted
residential use
A A A A A A A A A
Airports A A
Alcoholic beverages manufacturing and bottling (except below): A A
1,500 to 5,000 31-gallon barrels per year SR SR SR A A
Less than 1,500 gallon barrels per year A A A A A
Ambulance service A A A A A A
Antique store A A A A
Appliance - (household) sales and service A A A A A
Assembly halls and stadium SR SR SR SR
Assembly of machines and appliances from previously prepared parts SR SR SR SR
Auction house, excluding livestock SR SR A A A
Auction, livestock SR
Automobile sales (new and used) A A A A
Automobile - commercial parking enterprise A A A A A
Automobile and truck repair garage A A A A A
Automobile service station A A A A A A
Automobile wrecking yard SR
Bakery products manufacturing SR A A A
Bakery shops and confectioneries A A A A A
Banks, savings and loan, commercial credit unions A A A A A
Barber and beauty shops A A A A A
Bed and breakfast inns A A A A
Bicycle sales and repair A A A A A
Blueprinting and photostating A A A A A
Boarding and lodging houses A A A A
Boat building and repair A A A
Boat sales new and used A A A A
Boiler works (manufacturing servicing) A
Boiler works (repair and servicing) A A
Book and stationery store A A A A A
Bottling works A A
Bowling alleys A A A A
Brick, tile or terra cotta manufacture A
Bus passenger terminal buildings local and cross country A A A A
Bus repair and storage terminals A A A
Camera supply stores A A A A A
Camps, public SR A A
Car washing and waxing A A A
Car wash - coin operated A A A A A
Cement, lime and plastic manufacture A
Ceramics shop SR A A A A A
Chemical and allied products manufacture A
Child care facilities A A A A
Churches and other places of worship including parish houses and Sunday
school building
A SR A A A A A A
Clinic, animal A A A A A A
Clinics, medical and dental SR A A A A A
Clothing and apparel stores A A A A A
Coal or coke yard A
Cold storage A A A
Colleges or universities A A A A A
Commercial recreation areas SR A A A
90
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Commercial food products, storage and packaging SR A A
Communication towers (commercial) A A A A A A A A SR
Concrete mixing plants and manufacturing of concrete products A A
Construction contractors:
Office A A A A A A
Open storage of construction materials or equipment SR A A
Community residential facilities:
Adult foster family care home A A A A
Community group home A A A A
Halfway house A A A A
Youth foster home A A A A
Youth group home A A A A
Nursing, homes, convalescent homes, orphanages, and charitable
institutions
A A A A
Crematorium SR A A SR
Creameries, dairy products manufacturing A A
Creosote manufacturing or treatment plants A
Department stores A A A A
Drug stores A A A A A
Dry kiln A
Dwellings: single-family Manufactured home A A A A A
Class A, Class B, Class C
two family A A A
multiple family A A A
row housing SR SR SR
Eating and drinking establishments:
Cocktail lounge, restaurants, bars and taverns SR SR SR SR
Restaurants (without the sale of alcoholic beverages) A A A A
Drive-in restaurants SR SR SR
Extractive industries - excavations of sand and gravel SR SR
Farm implements, sales and service A A A
Fat rendering or production of fats and oils SR
Feedlots – livestock A SR
Feed and seed processing and cleaning for retail purposes
Feed and seed - farm and garden retail sales A A A
Fertilizer manufacturing SR
Fertilizer wholesale sales SR SR A
Fertilizer - retail sales A A A
Florist, wholesale sales SR A A A
Florist, retail sales A A A A A
Flour mills SR SR
Food products manufacturing, storage and processing SR SR A
Food stores (retail only) A A A A
Food stores (retail only) - 3000 sq. ft. A A A A A
Foundry A
Frozen food lockers A A A
Fuel oil, gasoline and petroleum products bulk storage or sale A A A
Furnace repair and cleaning A A A A
Furniture and home furnishings, retail sales A A A A A
Furriers, retail sales and storage A A A A A
Gambling establishments A A A A
Garbage, offal and animal reduction or processing SR
Garbage and waste incineration SR
Gas storage SR
91
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Gases or liquified petroleum gases in approved portable metal containers
for storage or sale
A A A
Grain elevators A SR SR A
Greenhouses A A A A A
Hardware, appliance and electrical supplies, retail sales A A A A
Hatcheries A SR SR
Heliports SR SR SR SR SR
Hobby and toy stores A A A A A
Hospitals (for the care of human patients) A A A A A
Hospital, animal A SR SR A A A
Hotels A A A
Industrial chemical manufacture except highly corrosive, flammable or
toxic materials
SR
Irrigation equipment sales and service A A A A
Jails and penal institutes A
Janitor service A A A A
Jewelry and watch sales A A A A A
Kennels – commercial A SR A A
Laboratories for research and testing SR A A
Landfills - reclamation or sanitary A
Laundries, steam and dry-cleaning plants A A
Laundries, steam pressing, dry-cleaning and dyeing establishments in
conjunction with a retail service counter under 2500 sq. ft. in size
A A A A A
Laundries, pick up stations A A A A A
Laundries, self-service coin operated A A A A A
Libraries, museums, and art galleries A A A A A A
Lock and gunsmiths A A A A A
Lodges, clubs, fraternal and social organizations provided that any such
club establishment shall not be conducted primarily for gain
A A A
Lumber yards, building materials, storage and sales A A A
Machine shops SR A A
Manufacturing - light manufacturing not otherwise mentioned in which
no excessive fumes, odors, smoke, noise or dust is created
SR A A
Heavy manufacturing not otherwise mentioned or blending or mixing
plants
SR SR
Meat processing - excluding slaughter plants SR A
Meat processing, packing and slaughter SR
Medical marijuana cultivation facility or cultivation facility A A
Medical marijuana dispensary or dispensary A
Metal fabrication SR SR A
Motorcycle sales and repair A A A A
Mortuary A A A A A
Motels and motor courts A A A
Music stores A A A A A
Office building, professional government and private office buildings in
which no activity is carried on catering to retail trade and no stock of
goods is maintained for sale
SR SR A A A A A A SR
Office equipment, supplies and service A A A A A
Optician and optical supplies and sales A A A A A
Oxygen manufacturing and/or storage A
Paint and body shops A A A A A
Paint and retail sales A A A A A
Parking, public SR A A A A A A A
92
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Parks, playgrounds, playfields and golf courses, community center
buildings - operated by public agency, neighborhood or homeowner's
association
A SR A
Pawn shops A A A A
Pet shops A A A A A
Photographic studios SR A A A A A
Planing or saw mills A
Post-secondary school A A A A A A A
Prefabricated building materials assembly and manufactures SR A A
Preschool A SR SR SR
Printing, publishing, reproduction and lithography A A A A A
Processing of previously slaughtered meats, including cutting, wrapping,
and freezing by freezer and locker provisioners
A A A A
Public utilities service installations SR SR SR A A A A A SR
Public utilities storage yard A A A SR
Radio and TV broadcasting stations A A A A A
Radio and TV tower A A A SR
Railroad yard A A
Real estate office A A A A A
Rental service store and yard A A A
Repair and servicing of industrial equipment and machinery A A A
School, commercial A A A A A
Scrap yards - storage and processing A
Secondhand stores and/or antique store A A A A
Sheet metal shops and processing A A
Shoe repair A A A A A
Sign manufacturing, painting and maintenance A A A
Sign
Billboards SR SR SR SR
On premises A SR A A A A A A
Off premises SR SR SR SR SR SR
Slaughterhouse SR SR
Sporting goods sales A A A A
Storage, compartmentalized storage for commercial rent SR SR
Storage and warehouse and yards SR A
Stone cutting, monuments manufacturing and sales SR A
Sugar and sugar beet refining SR
Swimming pools or beaches, public A
Taxi stands A A A A
Theaters, cinema, opera houses A A A
Drive-in theaters SR
Tire recapping and retreading A A A
Trailer and recreational vehicle sales area A A A
Travel trailer park (transient) SR
Truck terminals, repair shops, hauling and storage yards A A A
Water and sewage treatment plant A A
Wholesale and jobbing establishments SR A A
Woodworking shops, millwork SR A A
Zoo, arboretum SR A
(Ord. No. O09-01, 3-17-09; Ord. No. O09-07, 7-7-09; Ord. No. O11-01, 2-15-2011; Ord. No. O-14-03, 8-5-2014)
93
17.20.020 - Zoning classified in districts.
Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020.
(Prior code § 17.32.020)
(Ord. No. O-14-03,8-5-2014)
Zoning Requirements A RP* NC* CBD* CC* HC LI HI P
Lot area requirements in square feet,
except as noted, 20 acres
20
acres
NA NA NA NA NA NA NA NA
Minimum yard requirements:
Front (a) NA 20 20 NA 20 20 20 20 20
Side (b) 0 0 0 0 0 0 0
Side adjacent to street 10 10 10 10 10 10 10
Rear (b) 0 0 0 0 0 0 0
Maximum height for all buildings (c) NA 25 25 NA 25 45 70 NA NA
Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50
Minimum district size (expressed in acres) 20
acres
2.07 2.07 2.07 2.07 2.07 2.07 2.07 NA
(NA means not applicable)
*The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the
same as those in the RLMF residential zoning district.
(a) Arterial setbacks
(b) Side and rear yards
(c) Except as provided in the airport zone
94
Chapter 17.72 - AMENDMENTS
Sections:
17.72.010 - Purpose of provisions.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or
classification of property on the zoning map, as set forth in this chapter.
(Prior code § 17.84.010)
17.72.020 - Amendment procedure.
Amendments to the text of the title and/or changes in the zoning boundaries or classification of
properties shown on the zoning map may be initiated by the city council on their own motion, or upon
recommendation of the planning board but no amendment shall become effective unless it shall have
been submitted to the zoning commission for review and recommendation. Before enacting an
amendment to this title, the city council shall give public notice and hold a public hearing thereon.
(Ord. 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.025 - Amendment by private property owner.
Amendments to the zoning boundaries or classification of property shown on the zoning map may be
initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission
secretary of a zoning change application, which application shall be provided by the zoning commission
secretary, and accompanied by all other materials and data required in the application.
(Ord. 01-4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.030 - Preapplication conference required.
Persons or parties interested in submitting an application for a zoning change shall consult with the
planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning
change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans
being prepared by the planning department, and whether the proposed change is in conformance with
public necessity, convenience, general welfare and good zoning practice.
(Prior code § 17.84.030)
17.72.040 - Application requirements.
A. Unless initiated by the city council or planning board, all applications for official map amendments must
be submitted by the owner of such property, the contract purchaser, or the authorized agent of the
owner. An application for an amendment affecting the same property shall not be submitted more often
than once every twelve months. The zoning change application shall contain the following information:
1. Name of applicant;
2. Mailing address;
3. Telephone number;
95
4. Accurate legal description of location;
5. Nature of zoning change requested;
6. Description of present land uses;
7. Description of adjacent land uses;
8. Statement of intended land use;
9. Statement concerning any expected effect upon the adjacent neighborhood;
10. Date of preapplication conference;
11. Names and addresses of adjacent property owners, within three hundred feet;
12. Signature of applicant;
13. Payment of all applicable fees.
B. An application for amendment to the official map shall be made on or before five p.m. of the first day
of the month preceding the date of the public hearing before the zoning commission. When the date
of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m.
C. An application for a zone change may not be withdrawn or amended after the legal advertising, as
required by this section, has appeared for final public hearing before the city council. An applicant may
be allowed to withdraw at the time of the zoning commission hearin g by a majority vote of the members
present without requiring council approval of the withdrawal and without prejudice with respect to the
twelve month waiting period providing, however, that no application be allowed to be withdrawn more
than once within the twelve month period after application shall have first been submitted.
(Prior code § 17.84.040)
17.72.050 - Planning department evaluation responsibility.
The planning director, upon receiving an application for rezoning of an area or a particular place of
property shall do the following:
A. Consult with other departments of the city or county to fully evaluate the impact of any zoning
change upon public facilities and services including, but not limited to schools, drainage, traffic
and related facilities;
B. Study each application with reference to its appropriateness and effect on existing and proposed
land use, and references to the comprehensive plan;
C. In the case of a protest petition filed in the matter of any application for rezoning determine the
validity of such petition;
D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel -
Yellowstone city-county planning board at least fifteen days in advance of the time and place of
the public hearing;
E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public
hearing of the time and place of such hearing;
F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the
property subject to the rezoning; of the time, date, place of the public hearing and the existing
and proposed classification. Further, he may notify property owner s within a radius of more than
three hundred feet if he determines that the proposed use of the property would have substantial
environmental impact on surrounding land uses;
G. The planning director shall report his findings and conclusions in writing t o the zoning
commission, which report shall be a matter of public record.
96
(Ord. 01-4 (part), 2001; prior code § 17.84.050)
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance w ith the
provisions of this chapter, and after a public hearing at which the application shall be presented to the
zoning commission by the planning director together with his findings and conclusions on the matter.
A report of the commission's recommendation and the planning director's findings and conclusions
shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduc t of public hearings and
meetings, which shall be published and available to the public, as well as conflict of interest rules, to
ensure that no member is entitled to vote on a matter in which he has an interest directly or indirectly.
(Prior code § 17.84.060)
17.72.070 - Public hearing—Notice required.
A. Before taking action on an application for an amendment to the official map, and after presentation of
the zoning commission's recommendation, the city council shall hold a public hearing on the
application.
B. The recommendations of the zoning commission shall be published twice in a newspape r of general
circulation in the jurisdictional area of the Laurel-Yellowstone city-county planning board, and not less
than fifteen days after the first publication of such notice, a final hearing shall be held at the next regular
meeting of the city council.
C. When such proposed amendment has been denied by the city council neither it nor one involving the
same tract(s) shall be offered for adoption within one year after such denial.
D. In case, however, of a valid protest petition against such change sign ed by the owners of twenty per
centum or more either of the lot included in such proposed change, or of those immediately adja cent
in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof
within the same block, or of those directly opposite thereof extending one hundred fifty feet from the
street frontage of such opposite lots, such am endment shall not become effective except by the
favorable vote of three-fourths of all the members of the city council.
(Ord. 01-4 (part), 2001; prior code § 17.84.070)
97
File Attachments for Item:
14. Resolution No. R21-110: A Resolution Authorizing The Mayor To Execute A Contract With
“In Control, Inc.” To Prepare A Pre-Engineering Survey For The City’s Water Treatment Plant.
98
R21-110 Approve Contract “In Control, Inc.” Pre-Engineering Study City’s Water Treatment Plant
RESOLUTION NO. R21-110
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
“IN CONTROL, INC.” TO PREPARE A PRE-ENGINEERING SURVEY FOR THE
CITY’S WATER TREATMENT PLANT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel and In Control, Inc. for
the preparation of a Pre-Engineering Survey for the City’s Water Treatment Plant as described in
the attached Contract and Proposal (Exhibit A) is accepted and approved.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel
are hereby given authority to accept and execute the Contract on behalf of the City.
Section 3: Effective date. The effective date for the attached Contract is the date this
Resolution is approved by the City Council.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of
October 2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
99
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 12th day of October 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 InControl Inc., a contractor
licensed to conduct business in the State of Montana, whose address is 10352 Jameston St. NE, Blaine,
MN 55449, 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 10, 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 fifty thousand dollars and no cents ($50,000.00) 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 Cit y 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 interested solely in the
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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 materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and 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 C ity to verify that such
defective or nonconforming condition has been corrected. Contractor warrants the corrective action
taken against defective and nonconforming conditions for a period of an additional one (1) year from
the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of the
types and character of equipment necessary for the work, the types of materials needed and the sources
of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage
and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided,
however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of
such loss shall be placed on the City.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out o f, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF OCTOBER 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor InControl Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
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File Attachments for Item:
15. Resolution No. R21-111: A Resolution Authorizing The Mayor To Execute A Contract With
Groshelle Construction For Construction Of A Roof Addition To The City Water Plant Roof.
110
R21-111 Approve Contract for Construction of a Roof Addition at the City’s Water Plant
RESOLUTION NO. R21-111
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
WITH GROSHELLE CONSTRUCTION FOR CONSTRUCTION OF A ROOF
ADDITION TO THE CITY WATER PLANT ROOF.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel and Groshelle
Construction for construction of a roof addition to the City’s Water Plant Roof as described
in the attached Contract and Estimate (Exhibit A) is accepted and approved.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of
Laurel are hereby given authority to accept and execute the Contract on behalf of the City.
Section 3: Effective date. The effective date for the attached Contract is the date
this Resolution is approved by the City Council.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of
October 2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 12th day of October 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 Groshelle Construction.,
a contractor licensed to conduct business in the State of Montana, whose address is 8 Amity Lan Park
City, MT 59063, 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 December 22, 2020, 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 seventeen thousand three hundred fourty dollars and no cents
($17,340.00) 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 -
112
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contracts in any dealings between Contractor and any third parties. The City is 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 o f this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and 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.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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 th is 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 part y. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF OCTOBER 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Groshelle Construction
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
116
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File Attachments for Item:
16. Resolution No. R21-112: A Resolution Authorizing The Mayor To Execute A Contract With
SR Landscaping, Inc. For Installation Of An Automatic Water Sprinkler System At The City
Water Plant.
118
R21-112 Approve Contract SR Landscaping, Inc. installation sprinkler system at City’s Water Plant
RESOLUTION NO. R21-112
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
WITH SR LANDSCAPING, INC. FOR INSTALLATION OF AN AUTOMATIC
WATER SPRINKLER SYSTEM AT THE CITY WATER PLANT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel and SR
Landscaping, Inc. for installation of a sprinkler system for the City’s Water Plant as
described in the attached Contract and Proposal (Exhibit A) is accepted and approved.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of
Laurel are hereby given authority to accept and execute the Contract on behalf of the City.
Section 3: Effective date. The effective date for the attached Contract is the date
this Resolution is approved by the City Council.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of
October 2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
119
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INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 12th day of October 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 SR Landscaping Inc., a
contractor licensed to conduct business in the State of Montana, whose address is 501 South 30th Street,
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 Mach 30, 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 eleven thousand four hundred ninety-two dollars and no cents
($11,492.00) 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 -
120
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contracts in any dealings between Contractor and any third parties. The City is 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 materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and 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.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and ma y not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF OCTOBER 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor SR Landscaping Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
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File Attachments for Item:
17. Resolution No. R21-113: Resolution Of Annexation And Zoning For Property Located At
810 West 7th Street, As An Addition To The City Of Laurel, Yellowstone County, Montana.
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R21-113 Annexation Block 1, Lot 36, Ingraham Subdivision, an addition to the City of Laurel
RESOLUTION NO. R21-113
RESOLUTION OF ANNEXATION AND ZONING FOR PROPERTY LOCATED AT 810
WEST 7TH STREET, AS AN ADDITION TO THE CITY OF LAUREL,
YELLOWSTONE COUNTY, MONTANA.
WHEREAS, an application was submitted to the City of Laurel by the property owners
(“Petitioners”) of the property located at 810 West 7th Street which is currently outside of city
limits. Petitioners seek annexation of the property and zoning; and
WHEREAS, the City Council authorized Petitioners request to seek annexation through
Resolution R20-38 since the property was less than one acre in size; and
WHEREAS, Petitioners currently seek annexation of their property to the City in order to
access and utilize city services, including, but not limited to, water, sewer, police, and fire;
WHEREAS, the Laurel City-County Planning Board held a duly advertised public hearing
on Petitioners’ request for annexation and zoning on September 15, 2021. At the conclusion of the
hearing, the Planning Board voted to recommend approval to the City Council of both the
annexation and zoning requests subject to the conditions recommended by Staff; and
WHEREAS, the City Council held a duly advertised public hearing regarding Petitioners’
requests on October 12, 2021. At the conclusion of the hearing, the City Council determined that
approval of the annexation and zoning requests is in the best interest of the City at this time; and
WHEREAS, the annexation of the property and zoning is subject to the conditions
contained in the City’s Staff Report dated September 29, 2021 which is attached hereto and
incorporated as part of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. Pursuant to MCA Section 7-2-Part 46 the incorporated boundaries of the City of Laurel
shall be and the same hereby is extended and/or expanded to include the territory described
in the application for annexation as additionally described below.
2. The owners of record of the territory annexed to the City of Laurel have executed an
application seeking such annexation.
3. The following described territory is hereby annexed to the City of Laurel:
Block 1, Lot 36, Ingraham Subdivision, according to the records on file and of record
in the office of the Clerk and Recorder of Yellowstone County.
4. That the approval of the annexation and zoning is conditioned as follows:
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R21-113 Annexation Block 1, Lot 36, Ingraham Subdivision, an addition to the City of Laurel
A. The property shall connect to the municipal water and sewer system.
B. The property shall have a zoning designation of Residential 6000 (“R-6000) which
is consistent with the zoning of adjacent and nearby properties.
C. The Annexation Agreement (copy attached and incorporated herein) shall be
updated to reflect the suggested changes made by the City Planning Department
prior to recording it with the County Clerk and Recorder.
D. The Waiver of Right to Protest (copy attached and incorporated herein) and this
resolution shall be recorded with the County Clerk and Recorder within 90 days
after the adoption of this resolution.
E. Connections to the municipal water and sewer systems shall be approved by the
City’s Public Works Department.
F. All improvements and infrastructure connections shall be completed within one
calendar year from the date the resolution is approved.
5. This Resolution shall be incorporated into the official minutes of the City Council, and upon
said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy of
this Resolution and meeting minutes with the Yellowstone County Clerk and Recorder.
6. From and after the date that the City Clerk-Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of the Yellowstone County Clerk and
Recorder, this annexation of the above-described territory to the City of Laurel shall be
deemed complete and final.
7. Annexation and the City’s responsibility for providing service to the property shall become
null and void upon Petitioners’ failure to satisfy the conditions imposed by the City Council
by and through this resolution.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of October
2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board and Zoning Commission
FROM: Nicholas Altonaga, Planning Director
RE: Annexation and Zoning Request for 810 W 7th Street
DATE: September 29, 2021
N/LOCATION:
DESCRIPTION OF REQUEST
Scott and Amy Slothower submitted a request on August 9, 2021 for Annexation and Zoning for
their property located at 810 W 7th Avenue. The Slothower family has sought to annex 810 W
7th Street due to the failure of the septic system on the property and the lack of options for
fixing or repairing it.
Scott and Amy Slothower were granted permission by the Laurel City Council on July 14, 2020
to submit an application for annexation as per the Laurel Annexation Policy. Approval of the
annexation and zoning petition would expand the Laurel city limits to include the property at
810 W 7th Street, zone the parcel as enable the property in question to connect to city services,
and would
Owner: Scott & Amy Slothower
Legal Description: INGRAHAM SUBD (LAUREL), S08, T02 S, R24 E, BLOCK 1, Lot 36 -
Address: 810 W 7th Street Laurel, MT
Parcel Size: 7,800sqft
Existing Zoning: Residential Tracts
Existing Land Use: Single Family Residential
Proposed Zoning: Residential 6000 (R-6000)
Proposed Land Use: Single Family Residential
/LOCATION:
BACKGROUND AND PROCEDURAL HISTORY
• June 22, 2020 – Slothower Family submit letter to petition City Council for permission to
submit an annexation and zoning application.
• August 9, 2021 – The Application for Annexation and Zoning was submitted to the Laurel
Planning Department.
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• September 1, 2021 – Planning Director provided clarification on the legal documents
(AA and Waiver of Right to Protest) submitted with the Annexation application.
• September 15, 2021 – Planning Board held a Public Hearing on the proposed Annexation
and zoning for 810 W 7th Street. Planning Board voted to approve the annexation and
zoning for 810 W 7th Street with the stated staff conditions.
• October 12, 2021 – City Council has scheduled a Public Hearing to review the application
for annexation and zoning for 810 W 7th Street and to make a final decision on the
matter.
STAFF FINDINGS
1. The applicant has submitted an application for the annexation and zoning of the
property at 810 W 7th Street.
2. The applicant has submitted this application due to the inadequate septic system on the
property that is unable to be repaired or improved.
3. The applicant seeks to connect the property into the city water and sewer system.
4. 810 W. 7th Street is immediately adjacent to the Laurel municipal city limits.
5. The applicant is requesting the zoning to be changed to Residential 6000
6. The immediately adjacent parcels to the east are zoned Residential 6000
7. The current use of the property as a single-family residence is allowable within the
proposed R6000 district.
8. As per the criteria within the Annexation Policy:
a. The property is located within an area identified by the city for future expansion
b. There are existing water and sewer lines immediately to the east of the property
c. The property will meet the standard of the adjacent parcels within the municipal
city limits.
d. The property owners have executed a Waiver of Right to Protest
e. The property will be zoned as R6000, to match the adjacent zoning of parcels to
the east and south.
f. The land use (single-family residential) conforms with the goals of the Laurel
Growth Policy (2020)
RECOMMENDATIONS
The Planning Director recommends the Planning Board to approve the annexation and zoning
request for the property at 810 W. 7th Street with the following conditions.
1. The Property shall connect to the municipal water and wastewater utility system.
2. The Property shall be zoned as Residential 6000 (R-6000)
3. The Annexation Agreement shall be updated as per the comments made by the Laurel
Planning Department prior to filing with the Yellowstone County Clerk & Recorder.
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4. The Waiver of Right to Protest shall be updated as per the comments made by the
Laurel Planning Department prior to filing with the Yellowstone County Clerk &
Recorder.
5. The Annexation Agreement, Waiver of Right to Protest, and City Council Resolution shall
be filed with the Yellowstone County Clerk & Recorder within 90 days of annexation
approval.
6. The proposed connections to the municipal water system shall be approved by the
Laurel Department of Public Works.
7. Any and all public improvements and infrastructure connections shall be completed
within one (1) calendar year from the date of the annexation approval.
ATTACHMENTS
1. Annexation Application Form
2. Satellite view with parcel lines
3. Survey plat with parcel highlighted
4. Estimate for work regarding Water and Sewer extension.
5. Annexation Agreement
6. Waiver of Right to Protest (Signed)
7. Initial Annexation Permission Letter dated June 22, 2020.
8. Resolution R20-38 – Approval of request to file a petition to annex property.
9. Annexation Policy (2008)
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Return to:
Scott Slothower
314 1st Street SE
Park City, MT 59063
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made this _____ day of __________, 20
, by and between Scott & Amy Slothower, 810 West 7th Street, Laurel, MT 59044,
hereinafter referred to as “DEVELOPER," and the CITY OF LAUREL, MONTANA, a
municipal corporation, c/o City Hall, 115 West 1st Street, Laurel, Montana, 59044, hereinafter
referred to as the “CITY.”
WHEREAS, DEVELOPER is the owner of certain real property situated in
Yellowstone County, Montana, more particularly described as follows:
INGRAM SUBD (LAUREL), S08, T02 S, R24 E, BLOCK 1, Lot 36-37; according
to the official plat on file and of record in the office of the Clerk and Recorder of
said County, hereinafter referred to as “Developer Tracts” as well as all adjacent public
right-of-way.
WHEREAS, DEVELOPER has submitted to the City a Petition for Annexation to the
City for Developer Tracts; and
WHEREAS, DEVELOPER desires to annex Developer Tracts to the City; and
WHEREAS, CITY has approved the Petition for Annexation by Resolution No.
for the Developer Tracts contingent that a Development Agreement be
executed between CITY and DEVELOPER to identify required off-site infrastructure
improvements and guarantees of those improvements.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
1. Roads and Access. The Developer Tracts shall be accessible by an existing
driveway to the existing adjacent roadway, West 7th Street.
2. Sanitary Sewer. Developer Tracts shall be served by a connection to the City
wastewater system.
3. Water. Developer Tracts shall be served by a connection to the City water
system.
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4. Storm Drain. Stormwater shall be managed within the Developer Tracts. The
Developer Tracts shall tie into the stormwater drainage system if it becomes
available on the W 7th Street right-of-way or another nearby right-of-way.
5. Right-of-Way. No right-of-way improvements are required for this annexation.
The quality of roadway fronting the Developer Tracts is consistent with that
within the city limits immediately adjacent.
6. Zoning. The Property is to be zoned as Residential 7500 (R-7500) as defined by
the Laurel Zoning Code.
7. Other Public Improvements. For any other improvements not specifically listed
in this Agreement, the CITY shall rely on the attached Waiver of Right to Protest
the Creation of Special Improvement Districts filed concurrently herewith, to
insure the installation of any or all remaining public improvements. Said
improvements shall include, but not be limited to, street construction and paving,
curb, gutter, sidewalks, storm drainage, and street lighting. The attached Waiver,
waiving the right to protest the creation of one or more Special Improvement
Districts, by this reference is expressly incorporated herein and part hereof.
8. Compliance. Nothing herein shall be deemed to exempt the Developer Tracts
from compliance with any current or future City laws, rules, regulations, or
policies that are applicable to the development, redevelopment, or use of the
subject property.
9. Runs with Land. The covenants, agreements, and all statements in this
Agreement and in the incorporated and attached Waiver shall run with the land
and shall be binding on the heirs, personal representatives, successors, and
assigns of the respective parties.
10. Attorney’s Fees. In the event it becomes necessary for either party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party or the
party giving notice shall be entitled to reasonable attorney fees and c osts,
including those fees and costs of in-house counsel.
11. Amendments and Modifications. Any amendments or modifications of this
Agreement shall be made in writing and executed in the same manner as this
original document and shall after execution become a part of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
“DEVELOPER” Scott and Amy Slothower
By:
Title: _______________________________
STATE OF MONTANA )
:ss
County of Yellowstone )
On this ____ day of , 20___, before me, a Notary Public in and
for the State of Montana, personally appeared _______________________, known to me to be
the person who signed the foregoing instrument as_____________________ of DEVELOPER,
and who acknowledged to me that said DEVELOPER executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year hereinabove written.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
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DA-4
This Agreement is hereby approved and accepted by City of Laurel, this ___ day of
, 20___.
“CITY” CITY OF LAUREL, MONTANA
By:
Mayor
Attest:
City Clerk
STATE OF MONTANA )
:ss
County of Yellowstone )
On this _____ day of , 20___, before me, a Notary Public for the
State of Montana, personally appeared __________________________________, and
, known to me to be the Mayor and City Clerk,
respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing
instrument in such capacity and acknowledged to me that they executed the same on behalf of
the City of Laurel, Montana.
Notary Public in and for the State of Montana
Printed name:
Residing at:
My commission expires:
Approved as to Form:
City Attorney
138
WAIVER-1
Upon Recording Please Return to:
City of Laurel
P.O. Box 10
Laurel, Montana 59044
Waiver of Right to Protest
FOR VALUABLE CONSIDERATION, the undersigned, being the owner and/or
subdivider, in addition to all future owners of the hereinafter described real property, do
hereby waive the right to protest the formation of one or more special improvement
district(s) for the construction of streets, street widening, street maintenance, sidewalks,
curb and gutter, sanitary sewer lines, water lines, storm water and drains (either within or
outside the area), street lights, street light maintenance, parks and park maintenance, and
other improvements incident to the above which the City of Laurel may require. This
Waiver and Agreement is independent from all other agreements and is supported with
sufficient independent consideration to which the undersigned are parties, and shall run
with the land and shall be binding upon the undersigned, their successors and assigns, and
the same shall be recorded in the office of the County Clerk and Recorder of Yellowstone
County, Montana. Pursuant to MCA §76-3-608(7), this Waiver and Agreement shall
expire 20 years after the final subdivision plat is recorded with the Yellowstone County
Clerk and Recorder.
The real property hereinabove mentioned is more particularly described as follows:
INGRAM SUBD (LAUREL), S08, T02 S, R24 E, BLOCK 1, Lot 36-37
Signed and dated this _____ day of ________________, 20__.
Developer/Owner
By: __________________________________
Its: __________________________________
STATE OF MONTANA )
: ss
County of Yellowstone )
On this ____ day of _________________, 20__, before me, a Notary Public in and for
the State of Montana, personally appeared ____________________________, known to
me to be the _Owner_ of 810 West 7th Street, the person who executed the forgoing
instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the
day and year hereinabove written.
________________________________________
Notary Public in and for the State of Montana
Printed name:___________________________
Residing in ___________________, Montana
My commission expires:___________________
139
Scott & Amy Slothower
810 West 7th Street, Laurel, MT 59044
406-694-3055 / 406-696-6401
Ingraham Subd (Laurel), S08, T02 S, R24 E, Block 1, Lot 36-37
.7,840 sqft
Private residence
Private residence
See attached quote from Cotter's Sewer Inc.
See attached quote from Cotter's Sewer Inc.
Upon annexation approval
See attached quote from Cotter's Sewer Inc.
See attached quote from Cotter's Sewer Inc.
See attached quote from Cotter's Sewer Inc.
See attached quote from Cotter's Sewer Inc.
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Upon annexation approval
Sale of residence, buyer to pick up portion of cost, city to contribute??
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Estimate
Date
8/2/2021
Estimate #
782
Billing Address
A HAUSOF REALTY
PO BOX 25
LAUREL, MT 59044
Service Address
609 E 4Th St
611 E 4TH ST
Laurel, MT 59044-2705
Approved by:Total
This estimate is for future work and does not include any work already performed by Cotter's.
Thank you for considering Cotter's. We look forward to working with you.
This bid is void after 60 days.
Cotter's Sewer
PO Box 967
Laurel, MT 59044
406-628-5989
Description Qty Rate Total
I have meet with the numerous different employees of the City of Laurel Public Works
Department regarding this project. All the knew was that the two properties towards the East
are on city water and sewer.
We were able to locate the sewer from the property at 810 and we know there is a 8” pvc
sewer main to that point (approximately 140’ from the middle of the crawl space in 810.
There are two curb valves for the water service just the west of the 810 property line, but
according to the only information l could gather, the builder ran small service lines in the
alley and they have no idea where the actual water main starts.
Therefore we propose:
1. Obtain utility locates and permit.
2. Excavate at the point in the alley where 806 ties into the city sewer main. Camera and
locate the end of line and continue to excavate up the alley, across the front yard and up to the
wall at the front of the house.
3. Excavate/ Hydro excavate at the same spot where we excavated the sewer main to locate
the water lines/ lines. At this point we may have to continue east/ north/ south to locate the
city water main.
4. Once the water main is located, we will excavate to the sewer trench and run the water in
the same trench.
5. At the front edge of the house we will excavate below the footing to facilitate the new water
and sewer lines.
6. Cut out sections of the existing sewer and water piping in the crawl space and run new
piping out of the house, into the trench out to the existing city mains.
7. Tie the new piping into the city mains and test.
8. Bed the new piping with gravel, backfill and compact the excavated areas.
9. Pump out the septic tank, cave in and fill with gravel.
Cost: not to exceed $40,000
Labor, Equipment, Permit and Materials 1 40,000.00 40,000.00
_____________________________________$40,000.00
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File Attachments for Item:
18. 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.
157
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
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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.
(Prior code § 8.12.052)
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Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments
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 noninfectious 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.
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.
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Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments
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 anything 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 classificatio n
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
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
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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.
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.
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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 establishment 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
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.
(Prior code § 8.12.052)
8.04.130 - Certain matter not to be placed in receptacles. Formatted: historynote0
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Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments
I t e m s n o t t o b e p l a c e d i n a c i t y o f L a u r e l r e c e p t a c l e s h a l l b e a p p r o v e d b y t h e c i t y c o u n c i l b y r e s o l u t i o n . A l i s t o f t h e m a t e r i a l n o t t o b e p l a c e d i n t h e r e c e p t a c l e s s h a l l b e m a i n t a i n e d b y t h e p u b li c w o r k s d e p a r t m e n t , a n dd e p a r t m e n t a n d m a d e a v a i l a b l e t o t he p u b l i c a t t h e i r r e q u e s t .
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 remov al
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 garbage or
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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)
8.04.230 - 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
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.
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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 reso lution, 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.
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)
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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.
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.
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.
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.
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.
Open Storage means exposed to the elements or not stored inside an enclosed structure which
includes walls on all sides and a roof.
Permanent Storage means storage of salvage, rubbish, or junk for a period exceeding
five days without moving.
Formatted: Highlight
Commented [KC1]: Previous reference to 8.2.110
section did not exist.
Formatted: Highlight
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Commented [KC2]: This is word for word duplication
of definitions below in section 8.12.030. Therefore I
deleted this section.
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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.
I t s h a l l b e t h e d u t y o f Tth e o c c u p a n t p e r s o n i n c h a r g e o r c o n t r o l o f t h ea n y p r e m i s e s w i t h i n t h e c i ty , o r i n c a s e s u c h p r e m i s e s a r e u n o c c u p i e d , t h e o w n e r o r h i s o r h e r a g e n t t o k e e p t h e s i d e w a l k s i n f r o n t o f a n d a d j o i n i n g h i s o r h e r p r e m i s e c l e a n a n d s a f e f o r p e d e s t r i a n s , a n d t o r e p a i r t h e s a m e f r o m t i m e t o t i m e ; a n d s u c h o c c u p a n t , o w n e r o r a g e n t s h a l l r e m o v e s n o w, i c e , m u d , s l u s h a n d o t h e r i m p e d i m e n t t o s a f e a n d c o n v e n i e n t f o o t t r a v e l , m u s t r e m o v e a n y s u c h i m p e d i m e n t f r o m t h e s i d e w a l k s w i t h i n t w e n t y-f o u r ( 2 4 ) h o u r s a f t e r i t s a c c u m u l a t i o n t h e r e o n , a n d p r e v e n t t o c o n t i n u a n c e a n d a c c u m u l a t i o n o f t h e s a m e .m u s t k e e p s i d e w a l k s c l e a n a n d s a f e f o r p e d e s t r i a n t r a v e l a t a l l t i m e s .
street, alley, or sidewalk.
(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
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
Commented [KC3]: This was part of the original
completed ordinance that was submitted to Brittney
last week and should not have been removed.
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Commented [KC4]: Corrected numbering as it was
starting at 2.
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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
w h i c h i n c l u d e s w a l l s o n a l l s i d e s a n d a r o o f .2 . "I n o p e r a b l e v e h i c l e" m e a n s a n y a u t o m o b i l e inc a p a b l e o f i m m e d i a t e o p e r a t i o n u n d e r i t s o w n p ow e r s a f e t y a n d i n c o n c u r r e n c e w i t h g o v e r n i n g a n d a p p l i c a b l e t r a f f i c o r d i n a n c e s a n d s t a t u e s o r a n y a u t o m o b i l e n o t h a vi n g c u r r e n t l i c e n s e p l a t s l a w f u l l y a f f i x e d t h e r e t o.
property, street or public right-of-way for a period exceeding five days shall be considered
abandoned. Any such automobile vehicle that in the judgment of the code enforcement officer appears to be
abandoned, including parts thereto, shall be removed and disposed of in a man ner set forth by
the code enforcement officer.
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 pound s
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. V e h i c l e s s h a l l n o t a t a n y t im e b e i n a s t a t e o f m a j o r d i s a s s e m b l y , d i s r e p a i r , o r i n p r o c e s s o f b e i n g s t r i p p e d o r d i s m a n t l es u n l e s s i n s i d e a s t r u c t u r e o r s i m i l a r l y e n c l o s e d a r e a d e s i g n e d a n d a p p r o v e d f o r s u c h p u r p o s e . P a i n t i n g o f v e h i c l e s i s p r o h i b i t e d u n l e s s i n s i d e a n a p p r o v e d s p r a y b o o t h .
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
campers, camper trailers or motor homes, and utility/sport trailer s whose manufacturers
specifications do not exceed ten feet in width and twenty-seven feet in length shall be parked
or stored 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
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Commented [KC5]: This was not numbered and
should have been so made it 2.
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Ordinance No. O21-04__ LMC Title 8 Health and Safety Amendments
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 exist.
Furthermore, the chief of police may abate the nuisance without prosec ution, and the city may
assess the expense of the abatement to the premises 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.
Commented [KC6]: This was in the ordinance sent to
Brittney last week and should not have been deleted.
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submitted last week and should not have been deleted.
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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
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
Commented [KC8]: This was addressed in the section
that was deleted and therefore needs to come back out
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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
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 vehicles, 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 reasonably 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:
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6. Fire or other casualty damage in public view which remains unrepaired for a period
exceeding six months;
A building which is undergoing const ruction 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;
FE. I t i s a p u b l i c n u i s a n c e f o r a n y p e r s o n t o c a u s e o r p e r m i t a n y n o x i o u s , f o u l o r p u t r i d l i q u i d s u b s t a n c e t o b e d i s c h a r g e d , p l a ce d , o r t h r o w n , o r t o f l o w f r o m o r o u t o f a n y p r e m i s e s i n t o o r u p o n a n y a d j a c e n t p r e m i s e s , a n y p u b l i c s t r e e t , a l l e y , r o a d o r side w a lk , o r i n t o a n y c h a n n e l o r w a t e r c o u r s e.
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 b y 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.
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Commented [KC11]: This needs to be deleted as it is
already addressed in Title 13 (Ordinance O21-01)
adopted in January, 2021
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Commented [KC12]: Renumbered after deleting D.
Commented [KC13]: Now becomes D
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addressed in 8.12.040 C. 3. above
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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.
(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 her 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.
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(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 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.
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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.
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)
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 limi ted 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.
“Owner” means the title owner(s), representative(s) of any title owner, occupant(s), contract
purchaser, or any other person or representative of any entity which holds a legal or equitable
interest in any parcel.
(Prior code § 8.08.010)
8.24.020 - Prohibited.
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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 within 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.
(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)
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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
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