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HomeMy WebLinkAboutCity Council Packet 04.12.2022 - Revised AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, APRIL 12, 2022 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-11 NEXT ORD. NO. O21-01 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 March 22, 2022. Correspondence 2. Fire Monthly Report - March 2022. 3. Ambulance Monthly Report - Feburary 2022. 4. Police Monthly Report - March 2022. 5. Building Department Monthly Report - March 2022. Council Disclosure of Ex Parte Communications Public Hearing 6. Public Hearing - Resolution Of Annexation And Zoning For Approximately 270 Acres Of The Laurel Golf Club, As An Addition To The City Of Laurel, Yellowstone County, Montana. 7. Public Hearing - Resolution Of The City Council Approving An Application For Special Review For Latitude Hospitalities, LLC, D/B/A Firebox Provisions, Authorizing The Operation Of A Bar/Tap Room And Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At Canyon Creek Laurel Retail Center, 331 S. Washington Street, Suite A, 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. 8. Claims entered through April 1, 2022. 9. Approval of Payroll Register for PPE 3/25/2022 totaling $186,397.11. 1 10. Approval of Payroll Register for PPE 4/8/2022 totaling $196,747.05. Ceremonial Calendar Reports of Boards and Commissions 11. Emergency Services Committee Minutes of February 28, 2022. 12. Public Works Committee Minutes 3.21.2022 13. Tree Board Minutes March 17, 2022. 14. Emergency Services Committee Minutes of March 28, 2022. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s age nda. 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 15. Appointment of Benjamin Spencer to the Laurel Police Department. 16. Appointment of Lela Schlitz to the Library Board for the remainder of a five-year term ending June 30, 2024. 17. Resolution No. R22-11: Resolution Of Annexation And Zoning For Approximately 270 Acres Of The Laurel Golf Club, As An Addition To The City Of Laurel, Yellowstone County, Montana. 18. Resolution No. R22-12: Resolution Of The City Council Approving An Application For Special Review For Latitude Hospitalities, LLC, D/B/A Firebox Provisions, Authorizing The Operation Of A Bar/Tap Room And Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At Canyon Creek Laurel Retail Center, 331 S. Washington Street, Suite A, City Of Laurel. 19. Resolution No. R22-13: A Resolution Awarding The Bid And Authorizing The Mayor To Execute All Contract And Related Documents For The Project Known As H2S Rehabilitation Improvements. 20. Resolution No. R22-14: A Resolution Authorizing A Lease Agreement Between The City Of Laurel And Laurel American Legion Post #123, For The Construction And Use Of City Owned Property For A Parking Lot Near The City’s Cemetery. 21. Resolution No. R22-15: A Resolution Of The City Council Authorizing The Mayor To Execute The Independent Contractor Service Contract By And Between The City Of Laurel And Interstate Power Systems 22. Resolution No. R22-16: A Resolution Of The City Council Authorizing The Mayor To Execute The Standard Audit Contract Amendment By And Between The City Of Laurel And Olness & Associates, P.C. 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 o ne 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 2 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 3 File Attachments for Item: 1. Approval of Minutes of March 22, 2022. 4 5 6 7 8 9 File Attachments for Item: 2. Fire Monthly Report - March 2022. 10 Calls Hours 2 90 4 65 10 91 1 28 2 16 1 21 Medical Assist.2 10 Other calls 4 52 26 Totals 373 Fire Prevention Total Training 373 Total Maintenance 55 Total 801 Laurel Fire Department Community Service Mar-22 Announcements: Alarms Wildland Fires Report for the Month of Structure Fires MVA's Car Fires Other Rescues 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, Hazmat, Spills, Public safety, Investigations, gas leaks, Carbon Monoxide problems, etc. 11 12 File Attachments for Item: 3. Ambulance Monthly Report - Feburary 2022. 13 Laurel Emergency Services Report created 3/28/22: 2020 1090 requests for service 159 times LEMS was unavailable 72 times AMR was unavailable 288 responses in Ward 5 = 27% of calls outside of the city of Laurel 2021 1228 requests for service 135 times LEMS was unavailable 34 times AMR was unavailable 318 responses in Ward 5 = 26% of calls outside of the city of Laurel Recent Month Summary: February 2022: **1 times the QRU responded and the patient refused / no transport to hospital or no patient found *25 responses in Ward 5 = 30 % of calls outside of the city of Laurel Requests 84 Missed Calls 10=12 % Shortest Delay 9 minutes Longest Delay 63 minutes Average Delay 33 minutes Fire Driver Available 27 times QRU Response With 1 Provider 5 times ** On A Previous Call 0 times No Crew / Provider Available 5 times AMR Transported or Responded 6 times Red Lodge Transported 0 times HELP Flight Transported 0 times Columbus Transported 1 times Joliet Transported 0 time Park City Transported 1 time PD Assisted Pt no transport 1 time POV Transport 0 times YCSO Transported 0 times MHP Transported 0 times 14 2022 Running Totals January February March April May June July August September October November December Total 2021 Requests 100 84 Missed Calls 11 10 Shortest Delay (minutes) 12 9 Longest Delay (minutes) 69 63 Average Delay (minutes) 31 33 Fire Driver Available 22 27 QRU Response w 1 Provider 6 5 On A Previous Call 3 0 No Crew / Provider Available 2 5 AMR Transported or Responded 5 6 Columbus Transported 1 1 Joliet Transported 0 0 Park City Transported 0 1 Red Lodge Transported 0 0 HELP Flight Transported 0 0 POV Transport 5 0 PD Assisted Pt no transport 0 1 YCSO Transported 0 0 MHP Transported 0 0 QRU/AMR Refusal or No Patient 0 1 Responses in Ward 5 30 25 Other Reporting Information: - The paramedic applicant that accepted the position withdrew his acceptance stating that he did not realize he couldn’t get out of his current employer contract until August. He may consider reapplying then if we still have openings. I am working with the Mayor, City Clerk and City Attorney to see if we can come up with some creative ideas to help us recruit and retain our staff. - The 2 volunteer EMT have been officially approved by the City Council and Mayor and both are starting this wee, - We have conducted the classroom training for the Public Works employees to be drivers for times that we are not able to have a full crew and no fire driver available. 1 of them is ready to go and the other 2 we are working on getting them on a couple of calls before we use them officially. - We received approval for the crew sleeping quarters and work has started on the project. This is a huge improvement for our crews and we are excited! - I have been asked to sit on multiple groups from around the state regarding establishing an EMS Advocacy group. I have been appointed as Director at Large for the MEMSA group and will be traveling to Helena for a meeting with the Montana Hospital Association group. I believe that both of these groups will help set the stage for the future of EMS in Montana, particularly establishing us as an essential service and hopefully more funding to ensure that we can continue to grow and car e for people in our communities. 15 File Attachments for Item: 4. Police Monthly Report - March 2022. 16 Page 1 of 5 Total Calls Printed on April 5, 2022 [CFS Date/Time] is between '2022-03-01 00:00:00' and '2022-03-31 23:59:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 20 20 : Agency Assist 70 70 : Alarm - Burglary 26 26 : Alarm - Fire 4 4 AMB : Ambulance 83 83 : Animal Complaint 11 11 : Area Check 7 7 : Assault 6 6 : Bad Checks 0 0 : Barking Dog 6 6 : Bomb Threat 0 0 : Burglary 0 0 : Child Abuse/Neglect 6 6 : Civil Complaint 16 16 : Counterfeiting 0 0 : Criminal Mischief 9 9 17 Page 2 of 5 Code : Description Totals : Criminal Trespass 8 8 : Cruelty to Animals 5 5 : Curfew Violation 8 8 : Discharge Firearm 1 1 : Disorderly Conduct 5 5 : Dog at Large 19 19 : Dog Bite 2 2 DUI : DUI Driver 14 14 : Duplicate Call 3 3 : Escape 0 0 : Family Disturbance 9 9 : Fight 5 5 FIRE : Fire or Smoke 13 13 : Fireworks 0 0 : Forgery 0 0 : Found Property 7 7 : Fraud 2 2 : Harassment 1 1 : Hit & Run 4 4 : Identity Theft 1 1 : Indecent Exposure 0 0 18 Page 3 of 5 Code : Description Totals : Insecure Premises 1 1 : Intoxicated Pedestrian 0 0 : Kidnapping 0 0 : Littering 1 1 : Loitering 7 7 : Lost or Stray Animal 16 16 : Lost Property 2 2 : Mental Health 2 2 : Missing Person 2 2 : Noise Complaint 2 2 : Open Container 0 0 : Order of Protection Violation 2 2 : Parking Complaint 13 13 : Possession of Alcohol 1 1 : Possession of Drugs 3 3 : Possession of Tobacco 0 0 : Privacy in Communications 1 1 : Prowler 0 0 : Public Assist 57 57 : Public Safety Complaint 5 5 : Public Works Call 18 18 19 Page 4 of 5 Code : Description Totals : Report Not Needed 3 3 : Robbery 0 0 : Runaway Juvenile 0 0 : Sexual Assault 3 3 : Suicide 0 0 : Suicide - Attempt 0 0 : Suicide - Threat 2 2 : Suspicious Activity 73 73 : Suspicious Person 9 9 : Theft 27 27 : Threats 5 5 : Tow Call 0 0 : Traffic Accident 20 20 : Traffic Hazard 7 7 : Traffic Incident 11 11 : TRO Violation 0 0 : Truancy 1 1 T/S : Traffic Stop 76 76 : Unattended Death 0 0 : Unknown - Converted 0 0 : Unlawful Transactions w/Minors 0 0 20 Page 5 of 5 Code : Description Totals : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 0 0 : Warrant 24 24 : Welfare Check 5 5 Totals 770 770 21 File Attachments for Item: 5. Building Department Monthly Report - March 2022. 22 Mar-22 Year to Date 2022 Amnt Valuation Amnt Valuation New Construction New Construction 1 Single family 0 $0 1 Single family 0 $0 2 Duplex 0 $0 2 Duplex 0 $0 3 Multi-Family 0 $0 3 Multi-Family 0 $0 4 Hotel/Motel 0 $0 4 Hotel/Motel 0 $0 5 Commercial 1 $112,000 5 Commercial 2 $1,112,000 6 Garage/Carport 1 $3,500 6 Garage/Carport 2 $16,500 7 Mobile Home 0 $0 7 Mobile Home 0 $0 Total New:2 $115,500 Total New:4 $1,128,500 Remodel and Additions Remodel and Additions 8 Residential 1 $50,000 8 Residential 3 $128,566 9 Commercial 3 $441,369 9 Commercial 6 $502,369 10 R. Fence/Roof/Siding 10 $69,185 10 R.Fence/Roof/Siding 14 $108,885 11 C.Fence/Roof/Siding 1 $300 11 C.Fence/Roof/siding 2 $10,300 12 Sign/Temp Structure 1 $1,000 12 Sign/Temp Structure 3 $16,200 Total R & A 16 $561,854 Total R & A 28 $766,320 Grand Total:18 $677,354 Grand Total:32 $1,894,820 CITY OF LAUREL BUILDING DEPARTMENT MONTHLY REPORT 23 File Attachments for Item: 11. Emergency Services Committee Minutes of February 28, 2022. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 File Attachments for Item: 12. Public Works Committee Minutes 3.21.2022 48 4 9 5 0 5 1 5 2 5 3 5 4 5 5 5 6 5 7 5 8 5 9 6 0 6 1 File Attachments for Item: 13. Tree Board Minutes March 17, 2022. 62 6 3 6 4 File Attachments for Item: 14. Emergency Services Committee Minutes of March 28, 2022. 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 File Attachments for Item: 16. Appointment of Lela Schlitz to the Library Board for the remainder of a five-year term ending June 30, 2024.  80 81 File Attachments for Item: 17. Resolution No. R22-11: Resolution Of Annexation And Zoning For Approximately 270 Acres Of The Laurel Golf Club, As An Addition To The City Of Laurel, Yellowstone County, Montana. 82 R22-11 Annexation of Laurel Golf Club Developer Tract, as an Addition to the City of Laurel RESOLUTION NO. R22-11 RESOLUTION OF ANNEXATION AND ZONING FOR APPROXIMATELY 270 ACRES OF THE LAUREL GOLF CLUB, AS AN ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA. WHEREAS, a Petition for Annexation was submitted to the City of Laurel by the Laurel Golf Club, which is the property owner (hereinafter “Petitioner”) of certain real property situated in Yellowstone County, Montana; WHEREAS, the real property is generally described as that portion of Section 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch, but does not include the Golf Course Maintenance Facility. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights-of-way; WHEREAS, the property is currently outside of City of Laurel city limits, and Petitioner seeks annexation of the property and zoning; and WHEREAS, Petitioner currently seeks annexation of its property into the City of Laurel in order to access and utilize City of Laurel 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 Petitioner’s Petition for Annexation on March 16, 2022. At the conclusion of the hearing, the Planning Board voted to recommend approval to the City Council of both the annexation and zoning requests; and WHEREAS, the City Council held a duly advertised public hearing regarding Petitioner’s Petition for Annexation on April 12, 2022. At the conclusion of the hearing, the City Council determined that approval of the Petition for Annexation is in the best interests of the City at this time; and WHEREAS, the annexation of the property and zoning is subject to the Annexation Agreement by and between the City of Laurel and the Laurel Golf Club, 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. The owner of record of the territory annexed to the City of Laurel has executed a Petition of Annexation. 83 R22-11 Annexation of Laurel Golf Club Developer Tract, as an Addition to the City of Laurel 2. Pursuant to Mont. Code Ann. § 7-2-46, 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 Petitioner’s Petition for Annexation and all attached Exhibits. 3. The following described territory is hereby annexed to the City of Laurel: the real property generally described as that portion of Section 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch, but does not include the Golf Course Maintenance Facility. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights-of-way. Petitioner agrees to provide the City of Laurel with a new Certificate of Survey specifying the exact legal description of the property. 4. The owner of record of the territory annexed to the City of Laurel and the City of Laurel will execute an Annexation Agreement, which terms and conditions are made a part of this Resolution and the Petition for Annexation. 5. That the approval of the annexation and zoning is conditioned as follows: A. On all terms, conditions, and requirements of the Annexation Agreement between the City of Laurel and the Laurel Golf Club. B. Petitioner must provide the City of Laurel with a new Certificate of Survey specifying the exact legal description of the propert y. C. The property shall be zoned as public, which is consistent with the zoning of adjacent and nearby properties. D. The Waiver of Right to Protest, a copy of which is attached hereto and incorporated by reference herein, and this Resolution, shall be recorded with the County Clerk and Recorder within ninety (90) days after the adoption of this Resolution. E. Connections to the City of Laurel Water and Sewer Systems shall be approved by the City of Laurel’s Public Works Department. F. All improvements and infrastructure connections shall be completed within one calendar year from the date this Resolution is approved. 6. 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 84 R22-11 Annexation of Laurel Golf Club Developer Tract, as an Addition to the City of Laurel and correct certified copy of this Resolution and Meeting Minutes with the Yellowstone County Clerk and Recorder. 7. From and after the date that the City Clerk -Treasurer files such certified copy of this Resolution and of the City Council Meeting Minutes with the Yellowstone County Clerk and Recorder, this Annexation of the above- described territory to the City of Laurel shall be deemed complete and final. 8. Annexation and the City's responsibility for providing service to the property shall become null and void upon Petitioner’s failure to satisfy the conditions imposed by the City Council by and through this Resolution, the Petition for Annexation, and the Annexation Agreement by and between the City of Laurel and the Laurel Golf Club. Introduced at a regular meeting of the City Council on the 12th day of April 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 12th day of April 2022. APPROVED by the Mayor the 12th day of April 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Bethany Keeler, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 85 STAFF REPORT LAUREL GOLF CLUB Annexation and Initial Zoning Applicant: Laurel Golf Club 1020 Golf Course Road Laurel MT 59044 The Laurel Golf Club represents 100% of the land ownership. Annexation pursuant to §7-2-4601 et. seq. MCA. (Annexation by Petition). Request: Laurel Golf Club. The Club, representing 100% of the ownership of lands involved, has Petitioned the City of Laurel for Annexation of approximately 270 acres of property adjacent to the City of Laurel with an initial Zoning Designation of Public (P) for concurrent review. The subject property is generally described as that portion of Section 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch but does not include the Golf Course Maintenance Facility. An annexation Exhibit, which is incorporated into this report by reference, has been submitted in support of the Petition and Requested Initial Zoning. Process: An earlier submitted version of this request with a smaller land area being annexed with an initial zoning designation of R-7500 has been withdrawn and will not be considered further as it has been replaced by this petition and initial zoning request. The annexation petition and requested initial zoning has been scheduled for consideration and a public hearing by the Laurel – Yellowstone City County Planning Board and Zoning Commission for 5:35 p.m. on Wednesday, March 16, 2022. Though not yet scheduled the matter could be considered by the Laurel City Council at a Work Session on April 5 and taken up as an action item on April 12, 2022. Analysis of the Request  The Laurel Golf Club represents 100% of the land ownership involved in the petition.  The Laurel Growth Policy does not designate the property as a ‘growth area’ of the city.  The current use of the property is agricultural, recreational, and has a commercial use (Restaurant, Bar, Clubhouse).  The requested zone City Public (P) provides for a variety of uses and is consistent with the requirements of R-08-22 that lands embraced by the city be assigned R-7500 or greater. 86  The subject property currently is presumed to be zoned County Public or is un-zoned Yellowstone County.  Part 46 annexation requires that the land use designation be ‘consistent with the prevailing use of the property, consistent with the prevailing County Zoning Assignment, and/or consistent with the current growth policy’.  The annexation by petition thresholds for annexation of Agricultural properties must be adhered to.  In addition to the recreational and commercial uses of the property, a significant area of the lands would be considered as prime development property with the extension of urban scale services. In addition to the extension of urban scale services the City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments  The initial zoning must be considered under City Resolution R-08-22 (Annexation), the Laurel Municipal Code Title 17 (Zoning).  The question of annexation and initial zoning must be heard by the Laurel – Yellowstone City County Planning Board and Zoning Commission.  Is the requested annexation and initial zoning in the best interest of the City and Citizens of the City of Laurel.  Any further development beyond the clubhouse will be required to do an analysis of the ability of the city to supply water and sanitary sewer to the development and pay for any associated costs to expand the city utility infrastructure.  The city cannot supply irrigation water for the golf course. Findings:  The subject property is adjacent to the City of Laurel.  The restrictions imposed on cities related to the annexation of agricultural properties under Part 46 have been met or exceeded.  The City Council is not required to submit the question of annexation to the qualified electors of the area to be annexed as the petition is signed by 100% of the owners.  The city may annex the agricultural properties as 100% of the ownership of same has petitioned the city for annexation.  The driver for the annexation request is the desire of the Golf Course to construct a new larger Clubhouse. The existing onsite water and sanitary facilities do not meet the minimum requirements of the Montana Department of Environmental Quality for the proposed new clubhouse facility.  The clubhouse facility incorporates on premise alcohol consumption and a restaurant the City of Laurel Zoning classifies these uses as ‘Commercial’ and subject to Special Review proceedings. The only district that contemplates the proposed new use as a permitted use is the Public (P) zoning and then only in association with the recreational facilities. It is for that reason that the entirety of the golf course is included in the petition for annexation and initial zoning.  The golf course was not included as ‘future growth area’ in the Growth Policy adopted by the City of Laurel because the property has been used for agricultural production or as recreational properties with existing facilities that did not need, want, or desire to be included within the city. This all changed with the proposal to construct the new clubhouse and the DEQ determination that the onsite facilities were not approvable. The decision to not include the golf course and associated operations should not be construed as the city being unwilling to consider annexation, 87 further development, or growth of the City of Laurel to the west but rather an acknowledged of the restrictions imposed by Montana Law and the rights afforded to landowners or certain classified lands.  The golf course itself is not being forced to be annexed into the city. The golf course is required to obtain the benefits of the Public Zoning assignment to provide for the operation of a restaurant/tavern as a permitted use.  The proposed assignment of Laurel P meets all the statutory requirements of Part 46 annexation and zoning assignment.  The Laurel P Zone is listed along with Commercial and Industrial land use assignments and is therefore determined to be a “greater than” R-7500 classification.  The extension of city services will be at the owner’s expense (R-08-22) and in accordance with the Annexation Agreement as approved by the City Council. In this agreement the City Council may waive certain ‘required’ improvements where full-scale development of the properties is not currently being contemplated. Frankly, the requirement of the construction of all the improvements contemplated by R-08-22 is not in the best interests of either the City of Laurel or the Owner at this time.  The City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments. These options and the exactions of infrastructure are most beneficial to the Owner, the City of Laurel, and all surrounding properties in conjunction with the proposed development of the property in the future.  The Laurel Golf Club has existed at this location and ownership since the 1960’s and has grown to be one of the premiere golf venues in the State of Montana. While change is sometimes difficult the City of Laurel and the Ownership of the Golf Club are the best custodians of the current and future growth and development potential of the property.  The city has the ability to provide services to the clubhouse both existing and proposed but future development will require additional analysis on the part of the developer to determine what, if any, capital improvements are necessary to accommodate additional development.  The City of Laurel does not have the ability to provide irrigation water for the golf course and does not anticipate the ability to provide same in the future.  Given the lack of data to support annexation that would provide for significant residential and commercial development and the requirement of the city to guarantee the provision of services a favorable recommendation from Public Works on the request could not be obtained. 12 Point Test for Zoning: I. Is the zoning in accordance with the growth policy; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies a portion of the proposed annexation as Public. • The golf course itself is classified as open/agricultural. • Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater. • The Public Zone being classified with the Commercial and Industrial zones meets the definition as ‘greater than’ R-7500. Finding: The requested zoning is in accordance with the Growth Policy. II. Is the zoning designed to lessen congestion in the streets; • The proposed zoning is consistent with the prevailing County zoning on the property. 88 • The proposed zoning along with the annexation agreement with the developer will not change the underlying use of the property. • The Public zone does not allow for additional development of the property. • Proposed development that would potentially impact roads and streets would require a traffic impact analysis and associated improvements. Finding: The requested zoning will not have a material impact on congestion in the streets. III. Is the zoning designed to secure safety from fire, panic, and other dangers; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies a portion of the proposed annexation as Public. • The golf course itself is classified as open/agricultural. • The construction of a new clubhouse facility that complies with the current International Commercial Code will unquestionable be safer than the existing facilities. Finding: The requested zoning will not have a material impact on safety from fire, panic, or other dangers. IV. Is the zoning designed to promote health and the general welfare; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies a portion of the proposed annexation as Public. • The golf course itself is classified as open/agricultural. • The construction of a new clubhouse facility that complies with the current International Commercial Code will unquestionable be safer than the existing facilities. • The connection of the facilities and properties at the time of development to the Laurel municipal water and wastewater systems will have positive impacts to public health and general welfare. Finding: The requested zoning will promote the public health and the general welfare. V. Is the zoning designed to provide adequate light and air; • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding The requested zoning will provide adequate light and air. VI. Is the zoning designed to prevent the overcrowding of land; • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding: The proposed zoning will prevent the overcrowding of land. VII. Is the zoning designed to avoid undue concentration of population; 89 • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding: The proposed zoning will prevent the undue concentration of population. VIII. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; • The zoning has primarily been requested to facilitate the construction of a new golf club house facility. • The requested zoning, without some overlay or modification, will not necessitate the installation of new or additional infrastructure. • It is anticipated that a significant portion of the property being annexed will be further developed. It is at that point the additional infrastructure as well as capacities will be evaluated. • Where the primarily open space use of the property will not be changed the demands of schools, parks or other public requirements will not be impacted. • Some of the public duties, such as police, will shift from Yellowstone County to the City of Laurel but the net effect is minimal. Finding: The requested zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Additionally, as the uses of the property change and the intensity of development changes, the city will be able to plan for and be prepared for the anticipated increased demands on their public systems. IX. Does the zoning give reasonable consideration to the character of the district and its peculiar suitability for particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future. • The water and sewer infrastructure proposed with the annexation is adequate for the new club house facility. Finding: The requested zoning is in keeping with the character and historical uses of the property. It also provides for opportunities for additional development with suitable uses. X. Does the zoning give reasonable consideration to the peculiar suitability of the property for its particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future. • The water and sewer infrastructure proposed with the annexation is adequate for the new club house facility. 90 Finding: The requested zoning is in keeping with the character and historical uses of the property. It also provides for opportunities for additional development with suitable uses. XI. Will the zoning conserve the value of buildings; • The extension and availability of public water and sewer resultant from annexation and initial zoning will add value to buildings as they can be expanded replaced and new buildings potentially added in the future. • Where the underlying zoning is a replacement of County for like City, it is not anticipated that there would be any effect on the value of surrounding buildings or lands. Finding: The value of existing buildings both on and adjacent to the requested zone will either be enhanced or not effected by the proposed zoning. XII. Will the zoning encourage the most appropriate use of land throughout the municipality? • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future but when development is proposed the adequate infrastructure, as well as land uses will be vetted via an open public process. Finding: The requested zoning provides for the most appropriate use of land in the municipality. It also provides for a significant amount of flexibility for a mixture of uses as contemplated by the District Regulations. Conclusion: The petition for annexation into the City of Laurel with the initial zoning assignment of Public (P) appears to be consistent with the requirements of Part 46 Annexation and City Council Resolution R-08-22. Additionally, the annexation, extension of services, and initial zoning assignment in the best interest of both the City of Laurel and the Laurel Golf Club. 91 E X H I B I T A N O R T H 0 3 0 0 S C A L E : 1 " = 6 0 0 ' 6 0 0 3 0 0 A N N E X A T I O N P E T I T I O N B O U N D A R Y ( A P P R O X . 2 7 0 A C R E S ) R - 7 5 0 0 Z O N E R - 2 0 0 Z O N E P U B L I C Z O N E 9 2 DA-1 Return to: Laurel Golf Club 1020 Golf Course Road Laurel, Montana 59044 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this _____ day of __________, 2022, by and between the LAUREL GOLF CLUB, with a mailing address at 1020 Golf Course Road, Laurel, Montana 59044, (the “Developer”), and the CITY OF LAUREL, MONTANA, a municipal corporation, with a mailing address at 115 West 1st Street, Laurel, Montana, 59044 (the “City”). WHEREAS, the Developer is the owner of certain real property situated in Yellowstone County, Montana, more particularly described as follows: Certificate of Survey No. 3055; 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 Tract” as well as all adjacent public right-of-way. WHEREAS, the Developer has submitted to the City a Petition for Annexation to the City for Developer Tract; and WHEREAS, the Developer desires to annex Developer Tract to the City; and WHEREAS, the City has approved the Petition for Annexation by Resolution No. for the Developer Tract contingent that a Development Agreement be executed between the City and the 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 Tract shall be accessible by Golf Course Road. No improvements to Golf Course Road will be constructed upon annexation and re- development of the Laurel Golf Club clubhouse. Future development or subdivision of the Developer Tract may require Golf Course Road to be improved to City standard as described in a Subdivision Improvements Agreement or Development Agreement at the time of subdivision or lot development. 2. Sanitary Sewer. Developer Tract shall be served by the City wastewater system. The Developer shall extend a new main from the existing 8-inch sanitary sewer main in Northwest Maryland Lane to provide service to the clubhouse. Plans and specifications shall 93 DA-2 be approved by the Public Works Department. A 60-foot-wide public utility easement shall be created for extension of the public water and sewer mains. 3. Water. Developer Tract shall be served by the City water system. The Developer shall extend a new water main from the existing 12-inch water main in Northwest Maryland Lane to provide service to the clubhouse. Plans and specifications shall be approved by the Public Works Department. A 60-foot-wide public utility easement shall be created for extension of the public water and sewer mains. 4. Storm Drain. The property shall tie into the stormwater drainage system wherever possible. If a connection is not possible, the property shall manage stormwater on the property. 5. Right-of-Way. No right-of-way is to be dedicated upon annexation and re- development of the clubhouse. Rights-of-way shall be dedicated upon future subdivision of the Developer Tract for Golf Course Road and any proposed public streets. 6. Future Intersection Contributions. No intersection contributions are required upon annexation. Future development or subdivision of the Developer Tract may require intersection contributions that shall be defined in a Subdivision Improvements Agreement or Development Agreement based on the recommendations on an approved traffic impact study (if required). 7. Late Comers Agreement. No Late Comers Agreement is made with this annexation. 8. Zoning. The Property is to be zoned as Public. 9. Other Public Improvements. For any other improvements not specifically listed in this Agreement, the City shall rely on the attached Waiver of Right to Protest the Creation of Special Improvement Districts filed concurrently herewith, to ensure the installation of any or all remaining public improvements. Said improvements shall include, but not be limited to, street construction and paving, curb, gutter, sidewalks, storm drainage, and street lighting. The attached Waiver, waiving the right to protest the creation of one or more Special Improvement Districts, by this reference is expressly incorporated herein and part hereof. 10. Compliance. Nothing herein shall be deemed to exempt the Developer Tract 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. 11. 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. 94 DA-3 12. 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 th e prevailing party or the party giving notice shall be entitled to reasonable attorney fees and costs, including those fees and costs of in- house counsel. 13. 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. 95 DA-4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. LAUREL GOLF CLUB By: Title: _______________________________ “Developer” STATE OF MONTANA ) : ss. County of Yellowstone ) On this ____ day of , 2022, 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 Laurel Golf Club, and who acknowledged to me that said the 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: 96 DA-5 This Agreement is hereby approved and accepted by the City of Laurel, this ___ day of , 20___. CITY OF LAUREL, MONTANA By: Mayor Attest: City Clerk “City” 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 97 WAIVER-1 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, stormwater 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: Certificate of Survey No. 3055 Signed and dated this _____ day of ________________, 20__. 98 WAIVER-2 LAUREL GOLF CLUB By: __________________________________ Its: __________________________________ “Subdivider/Owner” STATE OF MONTANA ) : ss County of Yellowstone ) On this ____ day of _________________, 20__, before me, a Notary Public in and for the State of Montana, personally appeared ____________________________, known to me to be the _____________________ of LAUREL GOLF CLUB, 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 at: My commission expires: 99 Project Narrative Overview Laurel Golf Club is requesting annexation of approximately 270 acres into the City of Laurel, Montana as shown on the attached Exhibit A. The portion of Laurel Golf Club property looking to be annexed is located just outside the northwest boundary of the Laurel city limits, along the west side of Golf Course Road in Yellowstone County, Montana. The property is legally described as: S07, T02 S, R24 E, C.O.S. 3055, (Less Decarlo Sub). The area to be annexed include the golf course, clubhouse, and agricultural land. The property lies adjacent to Laurel’s Elena Subdivision that defines the western-most boundary of Laurel’s city limits, as well as directly adjacent to the northern boundary of the City of Laurel’s western Annexation Priority Area that is defined in Laurel’s 2020 Growth Policy. The property is currently zoned as Public within Laurel’s zoning jurisdiction and will remain Public when annexation occurs. Utility Extensions Upon annexation of the property, City of Laurel public water and sanitary sewer services will be extended to the Laurel Golf Club building. The intent is that new public water and sewer mains will be extended directly west from NW Maryland Avenue within a new public utility easement. From there, new service lines will be extended on the property to the building. The new public water and sewer mains will become part of the City of Laurel system and will be located within public right-of- way when future development occurs. 100 101 102 103 L a u r e l G o l f C l u b 1 0 2 0 G o l f C o u r s e R o a d , L a u r e l , M T 5 9 0 4 4 4 0 6 . 6 2 8 . 4 5 0 4 C e r t i f i c a t e o f S u r v e y N o . 3 0 5 5 ~ 4 4 3 a c r e s ( a n n e x a t i o n a r e a ~ 2 7 0 a c r e s ) A g r i c u l t u r a l l a n d a n d g o l f c o u r s e G o l f c o u r s e N W M a r y l a n d L a n e a t G o l f C o u r s e R o a d $ 7 2 , 0 0 0 E n g i n e e r ' s o p i n i o n o f p r o b a b l e c o s t ( a t t a c h e d ) S p r i n g 2 0 2 2 N W M a r y l a n d L a n e w e s t o f D u v a l D r i v e $ 9 2 , 0 0 0 E n g i n e e r ' s o p i n i o n o f p r o b a b l e c o s t ( a t t a c h e d ) P - P u b l i c 1 0 4 S p r i n g 2 0 2 2 P r i v a t e Y e s , G o l f C o u r s e R o a d W e s t f r o m G o l f C o u r s e R o a d a t P a y n e s P l n / a n / a n / a 1 0 5 1 0 6 1 0 7 1 PLANNING BOARD AND ZONING COMMISSION RECOMMENDATION LAUREL GOLF CLUB Annexation and Initial Zoning March 17, 2022 Applicant: Laurel Golf Club 1020 Golf Course Road Laurel MT 59044 The Laurel Golf Club represents 100% of the land ownership. Annexation pursuant to §7-2-4601 et. seq. MCA. (Annexation by Petition). Request: Laurel Golf Club. The Club, representing 100% of the ownership of lands involved, has Petitioned the City of Laurel for Annexation of approximately 270 acres of property adjacent to the City of Laurel with an initial Zoning Designation of Public (P) for concurrent review. The subject property is generally described as that portion of Section 7, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, generally lying North of the Big Ditch but does not include the Golf Course Maintenance Facility. An annexation Exhibit, which is incorporated into this report by reference, has been submitted in support of the Petition and Requested Initial Zoning. Process: An earlier submitted version of this request with a smaller land area being annexed with an initial zoning designation of R-7500 has been withdrawn and will not be considered further as it has been replaced by this petition and initial zoning request. The annexation petition and requested initial zoning has been heard at a public hearing by the Laurel – Yellowstone City County Planning Board and Zoning Commission on Wednesday, March 16, 2022. The annexation petition and requested initial zoning will be presented to the Laurel City Council at a Work Session on April 5 and a public hearing and potential action on April 12, 2022. Analysis of the Request  The Laurel Golf Club represents 100% of the land ownership involved in the petition.  The Laurel Growth Policy does not designate the property as a ‘growth area’ of the city.  The current use of the property is agricultural, recreational, and has a commercial use (Restaurant, Bar, Clubhouse). 108 2  The requested zone City Public (P) provides for a variety of uses and is consistent with the requirements of R-08-22 that lands embraced by the city be assigned R-7500 or greater.  The subject property currently is presumed to be zoned County Public or is un-zoned Yellowstone County.  Part 46 annexation requires that the land use designation be ‘consistent with the prevailing use of the property, consistent with the prevailing County Zoning Assignment, and/or consistent with the current growth policy’.  The annexation by petition thresholds for annexation of Agricultural properties must be adhered to.  In addition to the recreational and commercial uses of the property, a significant area of the lands would be considered as prime development property with the extension of urban scale services. In addition to the extension of urban scale services the City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments  The initial zoning must be considered under City Resolution R-08-22 (Annexation), the Laurel Municipal Code Title 17 (Zoning).  The question of annexation and initial zoning must be heard by the Laurel – Yellowstone City County Planning Board and Zoning Commission prior to consideration by the Laurel City Council.  Is the requested annexation and initial zoning in the best interest of the City and Citizens of the City of Laurel.  Any further development beyond the clubhouse will be required to do an analysis of the ability of the city to supply water and sanitary sewer to the development and pay for any associated costs to expand the city utility infrastructure.  The city cannot supply irrigation water for the golf course. Findings:  The subject property is adjacent to the City of Laurel.  The restrictions imposed on cities related to the annexation of agricultural properties under Part 46 have been met or exceeded.  The City Council is not required to submit the question of annexation to the qualified electors of the area to be annexed as the petition is signed by 100% of the owners.  The city may annex the agricultural properties as 100% of the ownership of same has petitioned the city for annexation.  The driver for the annexation request is the desire of the Golf Course to construct a new larger Clubhouse. The existing onsite water and sanitary facilities do not meet the minimum requirements of the Montana Department of Environmental Quality for the proposed new clubhouse facility.  The clubhouse facility incorporates on premise alcohol consumption and a restaurant the City of Laurel Zoning classifies these uses as ‘Commercial’ and subject to Special Review proceedings. The only district that contemplates the proposed new use as a permitted use is the Public (P) zoning and then only in association with the recreational facilities. It is for that reason that the entirety of the golf course is included in the petition for annexation and initial zoning.  The golf course was not included as ‘future growth area’ in the Growth Policy adopted by the City of Laurel because the property has been used for agricultural production or as recreational properties with existing facilities that did not need, want, or desire to be included within the city. 109 3 This all changed with the proposal to construct the new clubhouse and the DEQ determination that the onsite facilities were not approvable.  The decision to not include the golf course and associated operations should not be construed as the city being unwilling to consider annexation, further development, or growth of the City of Laurel to the west but rather an acknowledged of the restrictions imposed by Montana Law and the rights afforded to landowners or certain classified lands.  The golf course itself is not being forced to be annexed into the city. The golf course is required to obtain the benefits of the Public Zoning assignment to provide for the operation of a restaurant/tavern as a permitted use.  The proposed assignment of Laurel P meets all the statutory requirements of Part 46 annexation and zoning assignment.  The Laurel P Zone is listed along with Commercial and Industrial land use assignments and is therefore determined to be a “greater than” R-7500 classification.  The extension of city services will be at the owner’s expense (R-08-22) and in accordance with the Annexation Agreement as approved by the City Council. In this agreement the City Council may waive certain ‘required’ improvements where full-scale development of the properties is not currently being contemplated. Frankly, the requirement of the construction of all the improvements contemplated by R-08-22 is not in the best interests of either the City of Laurel or the Owner at this time.  The City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments. These options and the exactions of infrastructure are most beneficial to the Owner, the City of Laurel, and all surrounding properties in conjunction with the proposed development of the property in the future.  The Laurel Golf Club has existed at this location and ownership since the 1960’s and has grown to be one of the premiere golf venues in the State of Montana. While change is sometimes difficult the City of Laurel and the Ownership of the Golf Club are the best custodians of the current and future growth and development potential of the property.  The city has the ability to provide services to the clubhouse both existing and proposed but future development will require additional analysis on the part of the developer to determine what, if any, capital improvements are necessary to accommodate additional development.  The City of Laurel does not have the ability to provide irrigation water for the golf course and does not anticipate the ability to provide same in the future.  Given the lack of data to support annexation that would provide for significant residential and commercial development and the requirement of the city to guarantee the provision of services a favorable recommendation from Public Works on the request could not be obtained. 12 Point Test for Zoning: I. Is the zoning in accordance with the growth policy; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies a portion of the proposed annexation as Public. • The golf course itself is classified as open/agricultural. • Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater. • The Public Zone being classified with the Commercial and Industrial zones meets the definition as ‘greater than’ R-7500. Finding: The requested zoning is in accordance with the Growth Policy. 110 4 II. Is the zoning designed to lessen congestion in the streets; • The proposed zoning is consistent with the prevailing County zoning on the property. • The proposed zoning along with the annexation agreement with the developer will not change the underlying use of the property. • The Public zone does not allow for additional development of the property. • Proposed development that would potentially impact roads and streets would require a traffic impact analysis and associated improvements. Finding: The requested zoning will not have a material impact on congestion in the streets. III. Is the zoning designed to secure safety from fire, panic, and other dangers; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies a portion of the proposed annexation as Public. • The golf course itself is classified as open/agricultural. • The construction of a new clubhouse facility that complies with the current International Building Code will unquestionable be safer than the existing facilities. Finding: The requested zoning will not have a material impact on safety from fire, panic, or other dangers. IV. Is the zoning designed to promote health and the general welfare; • The proposed zoning is consistent with the prevailing County zoning on the property. • The Growth Policy identifies a portion of the proposed annexation as Public. • The golf course itself is classified as open/agricultural. • The construction of a new clubhouse facility that complies with the current International Building Code will unquestionable be safer than the existing facilities. • The connection of the facilities and properties at the time of development to the Laurel municipal water and wastewater systems will have positive impacts to public health and general welfare. Finding: The requested zoning will promote the public health and the general welfare. V. Is the zoning designed to provide adequate light and air; • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding The requested zoning will provide adequate light and air. VI. Is the zoning designed to prevent the overcrowding of land; • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding: The proposed zoning will prevent the overcrowding of land. 111 5 VII. Is the zoning designed to avoid undue concentration of population; • The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development. • The current proposal, Public, does not provide for residential or commercial development and tertiary approvals for zoning and subdivision will be necessary. • The existing development has more than adequate separation from surrounding uses. Finding: The proposed zoning will prevent the undue concentration of population. VIII. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; • The zoning has primarily been requested to facilitate the construction of a new golf club house facility. • The requested zoning, without some overlay or modification, will not necessitate the installation of new or additional infrastructure. • It is anticipated that a significant portion of the property being annexed will be further developed. It is at that point the additional infrastructure as well as capacities will be evaluated. • Where the primarily open space use of the property will not be changed the demands of schools, parks or other public requirements will not be impacted. • Some of the public duties, such as police, will shift from Yellowstone County to the City of Laurel but the net effect is minimal. Finding: The requested zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Additionally, as the uses of the property change and the intensity of development changes, the city will be able to plan for and be prepared for the anticipated increased demands on their public systems. IX. Does the zoning give reasonable consideration to the character of the district and its peculiar suitability for particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future. • The water and sewer infrastructure proposed with the annexation is adequate for the new club house facility. Finding: The requested zoning is in keeping with the character and historical uses of the property. It also provides for opportunities for additional development with suitable uses. X. Does the zoning give reasonable consideration to the peculiar suitability of the property for its particular uses; • The requested zoning is essentially a replacement of the existing County Zoning with the closest compatible City Zoning District. • The property is owned and operated by the Laurel Golf Club and additional development is not anticipated in the near future. 112 1 1 3 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, MARCH 16, 2022 A regular meeting of the City/County Planning Board was held in the Council Chambers and called to order by Board Chairperson Judy Goldsby at 5:35 p.m. on March 16, 2022. Present: Jon Klasna Evan Bruce Roger Giese Dan Koch Judy Goldsby Ron Benner (5:40) Karen Courtney (City of Laurel) Absent: Gavin Williams General Items Meeting Minutes: February 16, 2022 Motion by Evan Bruce to approve minutes of February 16, 2022. seconded by Dan Koch. All five members present voted aye. Motion carried 5-0. New Business Special Review Application - Firebox Kitchen & Tap Room Karen Courtney, Building Official, briefly reviewed the attached Staff report. Chair, Judy Goldsby opened for public hearing. Asked for proponents. Dana Lich – Has worked with Canyon Creek Station on properties and they have been above par in quality and feels that it will be a definite asset to our community. Therefore, is in favor of approving. Chair, Judy Goldsby called for opponents. There were none. Called for Board discussion. Jon Klasna: Will signage be brought forward later? Judy Goldsby: This special review is for the Tap room and signage will be forth coming. Jon Klasna motioned to approve application; Evan Bruce seconded. All six members present voted Aye. Motion carried 6-0. Public Hearing on Request for Annexation and Plan of Annexation - Laurel Golf Club Forrest Sanderson, Interim City Planner, presented attached staff report. Question from Ron Benner: You are stating initial zone of Public above the redline on the map. However also shows public below the redline. Forrest: City Public zone above the red line and current County Public zoning below the redline. Does not affect the Yellowstone County Public at all. 114 Chair Judy Goldsby asked if any further questions. None stated, Chair called for proponents. Jesse Norman – 2445 Saddleback Drive – Thanked Forrest for presentation. Golf Course Board discussed the per square foot valuation and it was a concern of the board. The board also wanted to ensure that annexation would not affect the golf course’s water rights on any of the ditches they currently have. Also, that the waiver or covenant would not be required and would be part of the development agreement, which he believes as written by Sanderson Stewart in documents the Planning board currently has in their packet. If we commit to keeping the golf course itself and property associated with the golf course as a golf course, that the City of Laurel does not apply any SIDS as the property is remaining as a golf course. If it was ever decided to discontinue the property as a golf course and develop it, then the city applying SIDs to the property would be understandable. There are no plans currently nor in the near future to develop this land. Intent is to keep it as a golf course. Question from Judy Goldsby: All of those issues have been addressed in the annexation request? Forrest: Yes, all of those are a part of the annexation agreement, the final form of which will be presented to the City Council for consideration. Ultimately those are terms that are negotiated. The commit to not do SIDs are not in the current version, that is something that must be discussed with City Council. Judy: Is the application that has been submitted to the board inclusive enough of these issues or does is it something that needs to be resubmitted? Forrest: No, they are inclusive enough of the issue. The question that is being asked that is a governing body decision, is the SID. It is unnecessary to what is being decided here for annexation request and initial zoning designation. Forrest did request to hold questions until all public comment has been taken, however is willing to answer one more from Mr. Benner. Ron Benner: When looking over the agreement I do not see an easement along Golf Course Road. Is there already an easement in place if that road needs to be widened due to development? If so, shouldn’t it be in this agreement? Forrest: Very good question. The owner is 100% owner and have the right to do with it as they wish for access to their property. Ron Benner: But if they are requesting to be annexed into the city shouldn’t that be a requirement of the annexation? Clarification between Forrest and Ron that this is Golf Course Road that Ron is meaning not the access road. Forrest: We would request that at subdivision, should that ever occur. Until we have a development plan it isn’t necessary to request for annexation. Ron Benner: When we have annexed properties into the city we have asked for easement at that time. 115 Forrest: The only ones that I have worked on is when development, subdivision and annexation have come at the same time. Most recently was the Yard Office Road Subdivision where we had annexation, subdivision, and initial zoning all at the same time. The easement was part of it due to the increased traffic from the development, is that the case here today? Probably not, we could request but is not necessary for this annexation request. Benner: There has been development out there with Elena Subdivision, Saddleback Ridge Estates, and the planned extension of West Maryland there will need to be widening of the roadway. Forrest: From a developer’s point of view – why should I have to give up property for something that I would not be benefitting from? The constitutional ground that they have not burdened the existing infrastructure being Golf Course Road would exempt the requirement to request easement. Benner: Worry about having to come back and argue it later because we do not know when the development is. My thought is if we are going to do it and look at this as a growth area, even though this is a P-Zone, that easement should be in there automatically because we have hodge-podges of easement all over town. When do we stop doing this and start to address it right from the start? Forrest: Through the development process, the developable portion of this is going to trigger a traffic impact study. At that point the traffic study will tell us the needs of that portion of real property and the burden on infrastructure and the improvements needed therewith, and then we can impose by condition an exaction that meets those needs. Benner: If development grows up above the golf course this area is still impacted. Isn’t the time to put the easement on there now and not later? Because later we will have to go back to get that easement. Forrest: True. You can certainly make that a condition, but I don’t recommend it. I struggle with an exaction where an impact has not yet occurred. Chair Judy Goldsby called for proponents. Brian Alexander – Sanderson Stewart – I felt Forrest did a wonderful job presenting this, I offer my services to answer any questions. Also, on the topic of the easement, I wish to clarify that there is already a thirty-foot easement located on the current Certificate of Survey. Benner – So it runs along the property on Golf Course Road? Brian – Yes on the golf course side from the middle of the road. Chair Judy Goldsby called for any more proponents. None heard. Chair Judy Goldsby called for any opponents. Called three times. None Heard. Closed public hearing. Chair Judy Goldsby called for a motion. Forrest apologized for the interruption, but he does have a request for the wording of the motion, and he is happy to explain the reason for this. For this to proceed to City Council for approval in a timely fashion, there are three specific things that must be stated to allow for this to happen. The three things that need to happen and the motion covers these is as follows: The favorable recommendation 116 on annexation, favorable recommendation on the public zone and thirdly we need to have the board to empower the board chair the authority to execute and recommendations and documents to the City Council. Ron Benner: I motion to approve the staff report on the Laurel Golf Course Annexation and Initial zoning as our findings of facts and conclusions of Law. Further I move to recommend the annexation of the Laurel Golf Course property as described in the afore mentioned staff report under Title 7-2-4601 of the Montana Code Annotated with an initial zoning of Laurel P-Public. The motion includes authorization from the Planning Board and Zoning Commission allowing the Chair to execute and forward all recommendations and documents necessary to facilitate the required hearing and decisions required of the Laurel City Council. John Klasna seconded. Jon Klasna: I do have a question for Forrest. You stated that this does not include the maintenance shop area of the property. Forrest: you are correct that the golf course maintenance facility is not included in the annexation. The simple reason is that the maintenance facilities at golf courses tend to have noise and uses that in cities could be classified by municipalities as a nuisance. It’s not a nuisance it’s maintenance, lawn clippings, sharpening mower blades, etc. Roger Giese: The last sentence in the motion “The motion includes authorization from the Planning Board and Zoning Commission allowing the Chair to execute and forward all recommendations and documents necessary to facilitate the required hearing and decisions required of the Laurel City Council.” Would that include from previous discussion the widening of Golf Course Road? Forrest: Lets clarify there is a county road easement - Laurel Golf Course Road. Within the confines of annexation that 60 feet will become City of Laurel Street. At some point in the future if there is a cause for this ask, the developer of the project causing the need for a greater right of way, we will then act on that ask. That last sentence is allowing for us to move forward, the next City Council workshop if 5 April, public hearing 12 April. If we wait until next meeting to grant Judy approval to move forward, we are into the heart of building season. This allows us to take about 3.5 weeks out of the wait time to get this into the hands of the decision makers to make their decision on final approval of annexation and initial zoning. Chair asked for any further discussion. There is a motion and a second to approve the annexation request. All those in favor? All six members present voted Aye. Motion passes 6-0. Announcements Next Meeting: April 20, 2022 Adjourned at 6:25 p.m. 117 File Attachments for Item: 18. Resolution No. R22-12: Resolution Of The City Council Approving An Application For Special Review For Latitude Hospitalities, LLC, D/B/A Firebox Provisions, Authorizing The Operation Of A Bar/Tap Room And Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At Canyon Creek Laurel Retail Center, 331 S. Washington Street, Suite A, City Of Laurel. 118 R22-12 Special Review for Latitude Hospitalities, LLC, d/b/a Firebox Provisions, 331 S. Washington Street, Laurel, MT 59044 RESOLUTION NO. R22-12 RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL REVIEW FOR LATITUDE HOSPITALITIES, LLC, D/B/A FIREBOX PROVISIONS, AUTHORIZING THE OPERATION OF A BAR/TAP ROOM AND SALE AND CONSUMPTION OF ALCOHOL ON PREMISES, WITHIN AN EXISTING STRUCTURE LOCATED AT CANYON CREEK LAUREL RETAIL CENTER, 331 S. WASHINGTON STREET, SUITE A, CITY OF LAUREL. WHEREAS, Latitude Hospitalities, LLC, d/b/a Firebox Provisions ("Applicant"), submitted a Special Review Application for the above-described property which is currently zoned Highway Commercial (HC) and is located within the Community Entryway Zoning District (EZD) within the City of Laurel; and WHEREAS, the Applicant seeks to operate a bar and tap room, including the sale and consumption of alcohol on its premises, within an existing structure located at Canyon Creek Laurel Retail Center, 331 S. Washington Street, Suite A, Laurel, MT 59044, to be known as Firebox Kitchen and Tap Room, more particularly described as Laurel Industrial Park Subdivision, Lot 5A1, Block 2, Section 16, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County, Montana; WHEREAS, the Laurel Municipal Code authorizes such action upon City Council approval through the Special Review Procedure; and WHEREAS, the Applicant submitted an Application for Special Review to the Laurel- Yellowstone City-County Planning Board (acting as the Zoning Commission) for review and consideration. The Planning Board (acting as the Zoning Commission) recommends the City Council's approval of the Application for Special Review, subject to the following conditions: 1. Any applicable permits, including but not limited to building permits, sign permits, and right-of-way permits must be applied for within twelve (12) months of the approval. 2. A signage plan shall be provided to the Planning and Building Departments that conforms to the requirements of the Laurel Sign Code and signage requirements of the overlay districts wherein the property is located. 3. Construction of any improvements to the site and building must be completed within twelve (12) months of approval of the Application for Special Review. Applicant may request an extension if necessary. 4. The operation of the business at the site shall not constitute a nuisance. 119 R22-12 Special Review for Latitude Hospitalities, LLC, d/b/a Firebox Provisions, 331 S. Washington Street, Laurel, MT 59044 5. Any use of the property not specifically included in this approval or allowable within its underlying zoning district shall be deemed a violation of the Laurel Zoning Code. 6. Any subsequent use or change of use associated with this Application for Special Review shall require Applicant to submit additional documentation to the City of Laurel for subsequent processing and approval or denial. WHEREAS, a public hearing was held on the 12th day of April 2022 at the City Council Meeting; WHEREAS, the City Council of the City of Laurel hereby finds, based upon the recommendation of the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing, that it is in the best interests of the residents of the City of Laurel to approve the Application for Special Review as provided in the Staff Report and Findings attached hereto, subject to the above stated conditions. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the Application for Special Review to allow the Applicant to operate a bar and tap room, including the sale and consumption of alcohol on its premises, located at Canyon Creek Laurel Retail Center, 331 S. Washington Street, Suite A, Laurel, MT 59044; and BE IT FURTHER RESOLVED that the approval of the Application for Special Review is site-specific to this address, and the approval granted herein is subject to the conditions listed in this Resolution, the Staff Report, and all attachments thereto; FINALLY, BE IT RESOLVED that the Application for Special Review, Staff Report, and all attachments thereto are hereby incorporated as part of this Resolution. Introduced at a regular meeting of the City Council on the 12th day of April 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 12th day of April 2022. APPROVED by the Mayor the 12th day of April 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 120 R22-12 Special Review for Latitude Hospitalities, LLC, d/b/a Firebox Provisions, 331 S. Washington Street, Laurel, MT 59044 ATTEST: _______________________________ Bethany Keeler, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 121 CITY HALL 115 W. 1ST ST. PUB. WORKS: 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 Building Official INTRODUCTION On Thursday, February 10, 2022, Latitude Hospitalities, LLC dba Firebox Provisions submitted a Special Review Application for onsite sales and consumption of alcohol within the Laurel Highway Commercial (HC) and Community Entryway Zoning District (EZD). The property involved in the request is the Firebox Kitchen and Tap Room, 331 South Washington Avenue, Suite A of the Canyon Creek Station, and is described as Laurel Industrial Park Subdivision, Lot 5A1, Block 2, Section 16, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County, Montana. The project will be presented to the Laurel – Yellowstone City County Planning Board on March 16, 2022, with a recommendation to the Laurel City Council for final decision in early April. PLANNER RESPONSIBILITY A. Consult with other departments of the City or County to evaluate the impact of the special review upon public facilities and services; ACCOMPLISHED B. Study each application with reference to it appropriateness and effect on existing and proposed land use, and reference to the comprehensive plan; ACCOMPLISHED C. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel – Yellowstone City County Planning Board; ACCOMPLISHED D. Notify by mail, the applicant or his agent at least five days prior to the date of the public hearing of the date, time and place of such hearing; ACCOMPLISHED E. Notify, by mail, all property owners within 300 feet of the exterior boundaries of the property subject to the special review of the date, time and location of the public hearing; ACCOMPLISHED F. After the public hearing and as part of the public record, report findings and conclusions and recommendations to the Zoning Commission. STANDARD OF REVIEW Zoning Commission/City Council  The request complies with the requirements of §17.68.040 of the City of Laurel Zoning;  The request is consistent with the objectives and purpose of Title 17 of the Laurel Municipal Code;  The proposed use is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects;  The zoning commission shall consider and may impose modification or conditions concerning, but not limited to: 122 o Street and road capacity, o Ingress and egress to adjoining streets, o Off-street parking, o Fencing, screening and landscaping. o Building bulk and location, o Usable open space, o Signs and lighting, o Noise, vibration, air pollution and similar environmental influences. VARIANCES REQUESTED N/A. None Requested. 123 1 2 4 1 2 5 1 2 6 127 1 2 8 1 2 9 1 3 0 1 3 1 1 3 2 1 3 3 1 3 4 Yellowstone CountyMapping sites Offender search HelpGIS web pageCemetery gravesite lookup+− 40m 100ft1:2,257 y45.6659 x-108.768 Basemaps    135 136 137 138 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, MARCH 16, 2022 A regular meeting of the City/County Planning Board was held in the Council Chambers and called to order by Board Chairperson Judy Goldsby at 5:35 p.m. on March 16, 2022. Present: Jon Klasna Evan Bruce Roger Giese Dan Koch Judy Goldsby Ron Benner (5:40) Karen Courtney (City of Laurel) Absent: Gavin Williams General Items Meeting Minutes: February 16, 2022 Motion by Evan Bruce to approve minutes of February 16, 2022. seconded by Dan Koch. All five members present voted aye. Motion carried 5-0. New Business Special Review Application - Firebox Kitchen & Tap Room Karen Courtney, Building Official, briefly reviewed the attached Staff report. Chair, Judy Goldsby opened for public hearing. Asked for proponents. Dana Lich – Has worked with Canyon Creek Station on properties and they have been above par in quality and feels that it will be a definite asset to our community. Therefore, is in favor of approving. Chair, Judy Goldsby called for opponents. There were none. Called for Board discussion. Jon Klasna: Will signage be brought forward later? Judy Goldsby: This special review is for the Tap room and signage will be forth coming. Jon Klasna motioned to approve application; Evan Bruce seconded. All six members present voted Aye. Motion carried 6-0. Public Hearing on Request for Annexation and Plan of Annexation - Laurel Golf Club Forrest Sanderson, Interim City Planner, presented attached staff report. Question from Ron Benner: You are stating initial zone of Public above the redline on the map. However also shows public below the redline. Forrest: City Public zone above the red line and current County Public zoning below the redline. Does not affect the Yellowstone County Public at all. 139 Chair Judy Goldsby asked if any further questions. None stated, Chair called for proponents. Jesse Norman – 2445 Saddleback Drive – Thanked Forrest for presentation. Golf Course Board discussed the per square foot valuation and it was a concern of the board. The board also wanted to ensure that annexation would not affect the golf course’s water rights on any of the ditches they currently have. Also, that the waiver or covenant would not be required and would be part of the development agreement, which he believes as written by Sanderson Stewart in documents the Planning board currently has in their packet. If we commit to keeping the golf course itself and property associated with the golf course as a golf course, that the City of Laurel does not apply any SIDS as the property is remaining as a golf course. If it was ever decided to discontinue the property as a golf course and develop it, then the city applying SIDs to the property would be understandable. There are no plans currently nor in the near future to develop this land. Intent is to keep it as a golf course. Question from Judy Goldsby: All of those issues have been addressed in the annexation request? Forrest: Yes, all of those are a part of the annexation agreement, the final form of which will be presented to the City Council for consideration. Ultimately those are terms that are negotiated. The commit to not do SIDs are not in the current version, that is something that must be discussed with City Council. Judy: Is the application that has been submitted to the board inclusive enough of these issues or does is it something that needs to be resubmitted? Forrest: No, they are inclusive enough of the issue. The question that is being asked that is a governing body decision, is the SID. It is unnecessary to what is being decided here for annexation request and initial zoning designation. Forrest did request to hold questions until all public comment has been taken, however is willing to answer one more from Mr. Benner. Ron Benner: When looking over the agreement I do not see an easement along Golf Course Road. Is there already an easement in place if that road needs to be widened due to development? If so, shouldn’t it be in this agreement? Forrest: Very good question. The owner is 100% owner and have the right to do with it as they wish for access to their property. Ron Benner: But if they are requesting to be annexed into the city shouldn’t that be a requirement of the annexation? Clarification between Forrest and Ron that this is Golf Course Road that Ron is meaning not the access road. Forrest: We would request that at subdivision, should that ever occur. Until we have a development plan it isn’t necessary to request for annexation. Ron Benner: When we have annexed properties into the city we have asked for easement at that time. 140 Forrest: The only ones that I have worked on is when development, subdivision and annexation have come at the same time. Most recently was the Yard Office Road Subdivision where we had annexation, subdivision, and initial zoning all at the same time. The easement was part of it due to the increased traffic from the development, is that the case here today? Probably not, we could request but is not necessary for this annexation request. Benner: There has been development out there with Elena Subdivision, Saddleback Ridge Estates, and the planned extension of West Maryland there will need to be widening of the roadway. Forrest: From a developer’s point of view – why should I have to give up property for something that I would not be benefitting from? The constitutional ground that they have not burdened the existing infrastructure being Golf Course Road would exempt the requirement to request easement. Benner: Worry about having to come back and argue it later because we do not know when the development is. My thought is if we are going to do it and look at this as a growth area, even though this is a P-Zone, that easement should be in there automatically because we have hodge-podges of easement all over town. When do we stop doing this and start to address it right from the start? Forrest: Through the development process, the developable portion of this is going to trigger a traffic impact study. At that point the traffic study will tell us the needs of that portion of real property and the burden on infrastructure and the improvements needed therewith, and then we can impose by condition an exaction that meets those needs. Benner: If development grows up above the golf course this area is still impacted. Isn’t the time to put the easement on there now and not later? Because later we will have to go back to get that easement. Forrest: True. You can certainly make that a condition, but I don’t recommend it. I struggle with an exaction where an impact has not yet occurred. Chair Judy Goldsby called for proponents. Brian Alexander – Sanderson Stewart – I felt Forrest did a wonderful job presenting this, I offer my services to answer any questions. Also, on the topic of the easement, I wish to clarify that there is already a thirty-foot easement located on the current Certificate of Survey. Benner – So it runs along the property on Golf Course Road? Brian – Yes on the golf course side from the middle of the road. Chair Judy Goldsby called for any more proponents. None heard. Chair Judy Goldsby called for any opponents. Called three times. None Heard. Closed public hearing. Chair Judy Goldsby called for a motion. Forrest apologized for the interruption, but he does have a request for the wording of the motion, and he is happy to explain the reason for this. For this to proceed to City Council for approval in a timely fashion, there are three specific things that must be stated to allow for this to happen. The three things that need to happen and the motion covers these is as follows: The favorable recommendation 141 on annexation, favorable recommendation on the public zone and thirdly we need to have the board to empower the board chair the authority to execute and recommendations and documents to the City Council. Ron Benner: I motion to approve the staff report on the Laurel Golf Course Annexation and Initial zoning as our findings of facts and conclusions of Law. Further I move to recommend the annexation of the Laurel Golf Course property as described in the afore mentioned staff report under Title 7-2-4601 of the Montana Code Annotated with an initial zoning of Laurel P-Public. The motion includes authorization from the Planning Board and Zoning Commission allowing the Chair to execute and forward all recommendations and documents necessary to facilitate the required hearing and decisions required of the Laurel City Council. John Klasna seconded. Jon Klasna: I do have a question for Forrest. You stated that this does not include the maintenance shop area of the property. Forrest: you are correct that the golf course maintenance facility is not included in the annexation. The simple reason is that the maintenance facilities at golf courses tend to have noise and uses that in cities could be classified by municipalities as a nuisance. It’s not a nuisance it’s maintenance, lawn clippings, sharpening mower blades, etc. Roger Giese: The last sentence in the motion “The motion includes authorization from the Planning Board and Zoning Commission allowing the Chair to execute and forward all recommendations and documents necessary to facilitate the required hearing and decisions required of the Laurel City Council.” Would that include from previous discussion the widening of Golf Course Road? Forrest: Lets clarify there is a county road easement - Laurel Golf Course Road. Within the confines of annexation that 60 feet will become City of Laurel Street. At some point in the future if there is a cause for this ask, the developer of the project causing the need for a greater right of way, we will then act on that ask. That last sentence is allowing for us to move forward, the next City Council workshop if 5 April, public hearing 12 April. If we wait until next meeting to grant Judy approval to move forward, we are into the heart of building season. This allows us to take about 3.5 weeks out of the wait time to get this into the hands of the decision makers to make their decision on final approval of annexation and initial zoning. Chair asked for any further discussion. There is a motion and a second to approve the annexation request. All those in favor? All six members present voted Aye. Motion passes 6-0. Announcements Next Meeting: April 20, 2022 Adjourned at 6:25 p.m. 142 File Attachments for Item: 19. Resolution No. R22-13: A Resolution Awarding The Bid And Authorizing The Mayor To Execute All Contract And Related Documents For The Project Known As H2S Rehabilitation Improvements.   143 R22-13 Awarding Bid and Authorizing Mayor to Execute Contract Documents for Project Known as H2S Rehabilitation Improvements RESOLUTION NO. R22-13 A RESOLUTION AWARDING THE BID AND AUTHORIZING THE MAYOR TO EXECUTE ALL CONTRACT AND RELATED DOCUMENTS FOR THE PROJECT KNOWN AS H2S REHABILITATION IMPROVEMENTS. WHEREAS, the City of Laurel needs to conduct rehabilitation improvements referred to herein as the H2S Rehabilitation Improvements; and WHEREAS, the City of Laurel has complied with its procurement policy and Montana law by utilizing a competitive bid process to ensure the project cost and firm selected is in the best interests of the City in both quality and price; and WHEREAS, the City of Laurel sought bids from qualified firms to complete the project by publicly advertising the project pursuant to Montana law; and WHEREAS, the City of Laurel received a responsive bid from Black Canyon, LLC for the project; and WHEREAS, Black Canyon, LLC’s bid to complete the project is for the total cost of $349,874.59; and WHEREAS, Black Canyon, LLC was the lowest qualified bidder, and such bid is attached hereto and incorporated by reference herein; and WHEREAS, the City of Laurel currently possesses adequate funds to complete the project and it is in the City of Laurel’s best interests to proceed with the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council accepts the bid with Black Canyon, LLC and the Mayor is authorized to execute all contract and related documents with Black Canyon, LLC for the project known as H2S Rehabilitation Improvements, pursuant to the terms and conditions contained in the attached bid for the total cost of $349,874.59. Introduced at a regular meeting of the City Council on the 12th day of April 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 12th day of April 2022. APPROVED by the Mayor the 12th day of April 2022. 144 R22-13 Awarding Bid and Authorizing Mayor to Execute Contract Documents for Project Known as H2S Rehabilitation Improvements CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Bethany Keeler, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 145 14 6 14 7 14 8 14 9 15 0 15 1 15 2 15 3 File Attachments for Item: 20. Resolution No. R22-14: A Resolution Authorizing A Lease Agreement Between The City Of Laurel And Laurel American Legion Post #123, For The Construction And Use Of City Owned Property For A Parking Lot Near The City’s Cemetery. 154 R22-14 Laurel American Legion Post #123 Lease Agreement: Parking Lot RESOLUTION NO. R22-14 A RESOLUTION AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LAUREL AND LAUREL AMERICAN LEGION POST #123, FOR THE CONSTRUCTION AND USE OF CITY OWNED PROPERTY FOR A PARKING LOT NEAR THE CITY’S CEMETERY. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The existing Lease Agreement between the City of Laurel and the Laurel American Legion Post #123 for leasing City owned property located near the City Cemetery for the construction and use as a public parking lot for individuals visiting the City’s Cemetery as well as the Yellowstone National Cemetery. A copy is attached hereto for convenience. Section 2: Terms and Conditions. All terms and conditions of the Lease Agreement negotiated by the Parties are hereby approved. Section 3: Effective date. The effective date for the Lease Agreement is the date approved by the City Council. Introduced at a regular meeting of the City Council on April 12, 2022, by Council Member _______________. PASSED and APPROVED by the City Council of the City of Laurel this 12th day of April 2022. APPROVED by the Mayor this 12th day of April 2022. CITY OF LAUREL ______________________________ Dave Waggoner, Mayor ATTEST: _________________________________________ Bethany Keeler, Clerk-Treasurer Approved as to form: __________________________________ Michele L. Braukmann, Civil City Attorney 155 1 LEASE AGREEMENT This LEASE AGREEMENT, made and entered into this ___ day of ___________, 2022, by and between the City of Laurel, whose business address is PO Box 10, Laurel, Montana hereinafter called “Lessor”, and the Laurel American Legion Post #123, whose business address is Box 211, Laurel, Montana hereinafter called “Lessee”. LEASED PREMISES Lessor, in consideration for the rent agreed to be paid by Lessee, and in consideration of the covenants and agreements hereinafter expressed on the part of the Lessee to be kept and performed, does hereby lease to Lessee, real property owned by Lessor, hereinafter referred to as the “Leased Premises" and specifically described as Tract C-1-B of the Amended Tract C-1 of COS 3162, as further reflected on Exhibit A, attached hereto and incorporated by reference herein. TERM The term of the lease shall be for 25 years and shall commence on the date the City Council approves the lease and shall expire and terminate 25 years thereafter unless an additional 25-year term is requested by the Lessee and approved by City Council. The second 25-year term shall automatically renew upon notification by Lessee in a signed writing delivered to the City Clerk Treasurer on or before the date of expiration. Either party may terminate the lease as hereinafter provided. RENT Lessee agrees to pay annual rent of fifty dollars per year ($50.00), not to be prorated for a short year. SECURITY DEPOSIT The parties acknowledge Lessee will not make a deposit with Lessor as a security deposit for the Lessee’s faithful performance of Lessee’s obligations under the Lease Agreement. USE OF LEASED PREMISES The Leased Premises may be used by the Lessee to construct, manage and operate a parking lot for guests visiting the Laurel City Cemetery and Yellowstone National Cemetery. Lessor is providing unimproved land through this lease for the lawful use of the Leased Premises. Lessee intends to construct a parking lot on the Leased Premises. Lessee shall comply with all applicable City permits, building and construction standards and codes applicable to the construction, maintenance and upkeep during the term of this lease. 156 2 Lessee shall not cause or permit anything to be done on or about said property, or which shall in any way tend to create a nuisance or dangerous condition on the Leased Premises at any time. PROPERTY TAXES The Lessor retains all responsibility for payment of the real property taxes on the Leased Premises. REPAIRS Lessee acknowledges that it is taking the Leased Premises “as is” and without improvements. Lessee agrees, at its own costs and expense, to design and construct the parking lot pursuant to the appropriate public work standards and that after construction, Lessee shall maintain the Leased Premises and make all necessary repairs to the parking lot surface during the term of the Lease and/or any renewal thereof. Lessee acknowledges that it is improving the Leased Premises, at its own expense, and upon expiration or termination of the lease, Lessor will retake possession of the Lease Premises along with all the improvements. Lessee hereby waives any right to ownership or compensation for all improvements to the Leased Property hereunder. Lessee shall perform weed maintenance as required. LIENS Lessee shall keep the Leased Premises and the property on which the premises are situated free from any liens arising out of any work performed for Lessee, material furnished to Lessee or obligations incurred by Lessee. DAMAGE OR DESTRUCTION In the event of damage or destruction of all or any part of the Leased Premises, Lessor shall have the option of terminating this Lease within thirty (30) days after said damage to the Leased Premises is repaired or remediated or the property returned to its original condition. DEFAULT Should default be made in the payment of any of the rent or other obligations hereunder when due, or should the Lessee or its agents or employee violate any of the terms, conditions, or covenants of this Lease, or should the Lessee vacate or abandon the Leased Premises or any part thereof, the Lessor may at Lessor’s option, after giving ten (10) days written notice thereof by certified mail to Lessee at Lessee’s address, provided herein, to cure the default, re-enter and take possession of said Leased Premises. 157 3 HOLD HARMLESS AND INDEMNIFICATION Lessee agrees to hold Lessor free and harmless from any liability and claim for damages by reason of any injury to any person or persons, including agent or employees of Lessee, or property of any kind whatsoever and to whomever belonging, including property of Lessee, from any cause whatsoever, while in, upon, or in any way connected with the Leased Premises or appurtances adjacent thereto, during the term of this Lease, or any extension or additional time during which the Lessee may remain in possession of said Leased Premises. Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person whosoever may be at any time be using or occupying or visiting the Leased Premises or be in, on, or about the Leased Premises, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than that of the matters of things above set forth. Lessee shall indemnify Lessor against any and all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee waives all claims against Lessor for damages to the improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at anytime. The two preceding sentences shall not apply to loss, injury, death, or damages arising by reason of the negligence or misconduct of the Lessor, its agents, or employees. Prohibition of involuntary assignment. Neither this lease agreement nor the leasehold estate of Lessee nor any interest of Lessee under this lease agreement in the Leased Premises or in the improvements on the Leased Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever; any attempt at involuntary assignment, transfer, or sale shall be void and of no effect. INSPECTION OF PREMISES Lessor and his agent have the right to enter on the Leased Premises to inspect the Leased Premises and see that no damage has been done or is done, and to protect any and all rights of Lessor and to post such reasonable legal notices as Lessor may desire to protect any and all rights of Lessor. ATTORNEY’S FEES IN LEGAL ACTION In the event that either party hereto shall bring legal action against the other party, then the prevailing party shall be entitled to reimbursement from the other party for all expenses incurred, including reasonable attorney’s fees. 158 4 INSURANCE A. Comprehensive General Liability Insurance. Lessee shall maintain in effect throughout the term of this Lease Agreement comprehensive general liabilit y insurance insuring Lessee against any liability arising out of this Lease Agreement or the use, occupancy, or maintenance of the Leased Premises and all areas appurtenant to the Leased Premises. Such insurance shall be in the amount of no less than $1,000,000 combined single limit for injury to or death of one or more person in an occurrence, and for damage to tangible property (including loss of use) in any one occurrence. The insurance policy shall ensure the hazards of the Leased Premises and operations conducted in and on the Leased Premises, independent contractor, contractual liability (covering the indemnity included in this Lease Agreement), and shall name Lessor as an insured party, as its interest may appear. Lessor shall be furnished with a copy of the Certificate of Insurance. Such coverage shall be primary and non-contributing with any insurance carried by Lessor. The liability insurance policy shall contain endorsements requiring thirty (30) days written notice to Lessor prior to any cancellation or any reduction in the amount of coverage. TIME Time is of the essence in this Lease. AGREEMENT IN COUNTERPARTS This Agreement may be executed simultaneously, or in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. COMPLIANCE WITH LAWS AND REGULATIONS Lessee, at its expense, shall promptly comply with all federal, state, and municipal laws, orders and regulations, and with all lawful directives of public officers, which impose any duty upon it or Lessor with respect to the Leased Premises. The Lessee, at its expense, shall obtain all required licenses and permits for the conduct of its business with the terms of this Lease, or for the making of repairs, alterations, improvements, or additions. Lessor, when necessary, will join with the Lessee in applying for all such permits or licenses. SURRENDER UPON TERMINATION At the expiration of the lease term, the Lessee shall surrender the Leased Property in as good condition as it was at the beginning of the term, reasonable use and wear excepted. MISCELLANEOUS TERMS A. Notices. Any notice, statement, demand, or other communication by one party to the other, shall be given by personal delivery or by mailing the same, postage 159 5 prepaid, addressed to the Lessee at the premises, or to the Lessor at the address set forth above. B. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. C. Waiver. The failure of either party to enforce any of the provisions of this Lease shall not be considered a waiver of that provision or the right of the party to thereafter enforce the provision. D. Complete Agreement. This constitutes the entire understanding of the parties with respect to the subject matter hereof and may not be modified except by an instrument in writing and signed by the parties. E. Successor. This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Lessor or Lessee. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. LESSOR: _________________________ Mayor, City of Laurel ATTEST: ____________________ City Clerk Treasurer LESSEE: ________________________________ Laurel American Legion Post #123 160 161 File Attachments for Item: 21. Resolution No. R22-15: A Resolution Of The City Council Authorizing The Mayor To Execute The Independent Contractor Service Contract By And Between The City Of Laurel And Interstate Power Systems 162 R22-16 Approve the Independent Contractor Service Agreement By and Between the City of Laurel and Interstate Power Systems RESOLUTION NO. R22-15 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE INDEPENDENT CONTRACTOR SERVICE CONTRACT BY AND BETWEEN THE CITY OF LAUREL AND INTERSTATE POWER SYSTEMS BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Independent Contractor Service Contract on behalf of the City. Introduced at a regular meeting of the City Council on the 12th day of April 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 12th day of April 2022. APPROVED by the Mayor the 12th day of April 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Bethany Keeler, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 163 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 12th day of April 2022, 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 Interstate Power Systems, a contractor licensed to conduct business in the State of Montana, whose address is 1140 Main Street, Billings MT 59105, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated February 2, 2022, 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 as set forth and itemized for Years 2022, 2023, and 2024 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 su b- contracts in any dealings between Contractor and any third parties. The City is interested solely in the 164 Page 2 of 5 results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles 165 Page 3 of 5 used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at th e 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. 166 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 167 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF APRIL 2022. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Interstate Power Systems ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Keeler, Clerk/Treasurer 168 1 6 9 1 7 0 1 7 1 1 7 2 1 7 3 1 7 4 File Attachments for Item: 22. Resolution No. R22-16: A Resolution Of The City Council Authorizing The Mayor To Execute The Standard Audit Contract Amendment By And Between The City Of Laurel And Olness & Associates, P.C. 175 R22-16 Approve the Standard Audit Contract Amendment By and Between the City of Laurel an d Olness & Associates, P.C. RESOLUTION NO. R22-16 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE STANDARD AUDIT CONTRACT AMENDMENT BY AND BETWEEN THE CITY OF LAUREL AND OLNESS & ASSOCIATES, P.C. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Standard Audit Contract Amendment, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Standard Audit Contract Amendment on behalf of the City. Introduced at a regular meeting of the City Council on the 12th day of April 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 12th day of April 2022. APPROVED by the Mayor the 12th day of April 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Bethany Keeler, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 176 1 7 7 1 7 8