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City Council Packet 07.26.2022
AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JULY 26, 2022 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R22-37 NEXT ORD. NO. O22-01 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 July 12, 2022. 2. Amended Minutes for City Council Meetings Held on April 12th, April 26th, May 10th, May 24th, and June 14th Correspondence 3. Beartooth RC&D Correspondence - July 2022 Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 4. Claims entered through July 22, 2022. 5. Approval of Payroll Register for PPE's through 7/20/2022 totaling $250763.07. Ceremonial Calendar Reports of Boards and Commissions 6. Budget/Finance Committee Minutes of June 28, 2022. 7. Budget/Finance Committee Minutes of July 12, 2022. 8. Emergency Services Committee Minutes of June 27, 2022. 9. Park Board Minutes of July 14, 2022. 10. Public Works Committee Minutes of June 20, 2022. 1 Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 11. Appointment of Richard Klose to Park Board for the remainder of a four-year term ending December 31, 2024. 12. Appointment of Casey Wheeler to the Human Relations Committee and Health Insurance Committee. 13. Motion to allow Council Member Klose to be absent from the City of Laurel for more than ten days. (LMC 2.12.060) 14. Resolution No. R22-37: A Resolution Of The City Council Authorizing The Mayor To Execute A Revised Memorandum Of Understanding By And Between The City Of Laurel And The City Of Laurel Library Board Of Trustees 15. Resolution No. R22-38: Resolution Approving The Final Plat Of Cherry Hills Subdivision 3rd Filing, An Addition To The City Of Laurel, Montana 16. Ordinance No. O22-01: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The Adoption And Enforcement Of Building, Energy Conservation, And Swimming Pool And Spa Codes For The City Of Laurel As Required By The State Of Montana 17. Ordinance No. O22-02: An Ordinance Amending Section 1.28.040 Of The Laurel Municipal Code Relating To Technical Codes For The City Of Laurel Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcem ents is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are inv olved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 2 File Attachments for Item: 1. Approval of Minutes of July 12, 2022. 3 4 5 File Attachments for Item: 2. Amended Minutes for City Council Meetings Held on April 12th, April 26th, May 10th, May 24th, and June 14th 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 File Attachments for Item: 3. Beartooth RC&D Correspondence - July 2022 40 CONFLICT OF INTEREST POLICY Purpose The purpose of the conflict of interest policy is to protect Beartooth Resource, Conservation and Development Area, Inc’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and chartable organizations. Interested Person Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person. Procedures 1. RELATIONSHIPS WITH SUPPLIERS, CUSTOMERS AND COMPETITORS If you hold any position, on the Board of Directors, or employment, or own or acquire, directly or indirectly, a substantial beneficial interest in any concern you have reason to believe may supply goods or services to, or purchases from, or compete with Beartooth RC&D you are required to disclose the full details concerning such interest or relationship. In such circumstances, a conflict may arise if you are in a position to influence decisions with respect to any Beartooth RC&D transaction and if your interest or relationship is such that it might bring into question your continued ability to make independent impartial judgments in the best interest of Beartooth RC&D. If such a instance does arise where it is determined there is a conflict of interest the individual involved must recuse themselves from the procurement process. 41 2. GIFTS OR FAVORS Acceptance of money, gifts or favors from any individual or concern which you have reason to believe may transact business, or may seek to transact business, with Beartooth RC&D will constitute a violation of this policy, unless such gift or favor involves no more than an ordinary social amenity. All offers of gifts or favors of more than nominal value should be immediately reported to your supervisor. 3. PROPRIETARY AND OTHER CONFIDENTIAL INFORMATION Unless duly authorized, you may not provide information to any outside organization or individual about bids, specifications, financial data or transactions, product features, process details or other matters (including computer-generated information of any nature), where such disclosure involves confidential or proprietary information or might otherwise be contrary to the best interests of Beartooth RC&D. 4. USE OF COMPANY ASSETS AND RESOURCES You may not engage in activities during work time, or use or cause to be used, Beartooth RC&D facilities, equipment, (including any computer resources), materials or supplies for your personal convenience or profit; nor may you take advantage in this manner of outside individuals or organizations doing business, or seeking business, with Beartooth RC&D. Beartooth RC&D resources also may not be utilized for non-profit organizations such as trade professional associations without appropriate management approval. Affirmed by the following: ______________________________________ Board Member Printed Name ______________________________________ Board Member Signature ______________________________________ Date 42 Procurement Policy 6/15/22 Beartooth RC&D Area, Inc. (BRCD) believes in an open, fair and competitive procurement process. Our goal is to utilize open, fair and competitive procurement practices to insure that the BRCD obtains the greatest possible value for our public and private investors. Value is a combination of quality, timeliness, effectiveness and cost. Compliance At all times, the procurement processes utilized by BRCD shall conform to federal and state procurement laws and regulations. Procurement practices shall also comply with BRCD Financial Policy, Employee Manual, and other policies. The office manager/Executive Director position has spending authority up to $500.00. Expenses over $500.00 up to $10,000.00 shall be presented to the Executive Committee for review and approval/disapproval. Competitive Process For procurement of any goods or services expected to cost in excess of $10,000, the process utilized shall be Request for Proposal or Bid, 3 Bids, or Request for Qualifications. For each of these processes, a point scoring system will be utilized to select the firm offering the best value to BRCD, including consideration of quality, timeliness, effectiveness and cost. Procurement of goods and services expected to cost less than $10,000 shall be done in such a way as to insure that BRCD obtains the greatest possible value. Request for Proposal or Bid For any purchase of goods or services expected to cost in excess of $20,000, a Request for Proposal (RFP) or Request for Bid (RFB) shall be publicly issued. The RFP or RFB shall include a clear scope of the work, schedule, and skills and experience required. A scoring committee comprised of at least three persons will score the responses. The Chairman shall approve the RFP or RFB prior to issuance, and membership of the scoring committee. 3 Bids For any purchase of goods or services expected to cost $10,000-$20,000, BRCD may opt to secure three bids rather than issue an RFP or RFB. A minimum of 3 written bids will be secured from vendors. A scoring committee comprised of at least three persons will score the three bids. The Chairman or Vice Chairman shall approve the use of the 3 bids process, and membership of the scoring committee. Request for Qualifications Beartooth RESOURCE CONSERVATION AND DEVELOPMENT AREA, INC. ECONOMIC DEVELOPMENT DISTRICT 43 A Request for Qualifications (RFQ) may be issued for procurement of ongoing or intermittent need for professional services when individual projects are expected to cost in excess of $10,000. The RFQ shall be publicly issued and detail the skills and experience required. A scoring committee comprised of at least three persons will score the responses. The Chairman or Vice Chairman shall approve the RFQ prior to issuance, and membership of the scoring committee. Selection When utilizing an RFP, RFB, 3 Bid or RFQ process, the scoring shall rank firms in numerical order. Once scoring is complete, BRCD will attempt to negotiate a contract with the highest scored firm. If negotiations are unsuccessful, negotiations will be attempted with the second highest scoring firm and so on until an acceptable contract has been agreed to. BRCD shall always reserve the right to cancel the procurement prior to execution of a contract. A contract shall be executed within six months of date of issuance of an RFP. Liability All vendors shall be required to provide copies of their liability and workers compensation insurance policies prior to the execution of a contract with BRCD. 44 Beartooth Document Retention and Disposal Policy At all times the Beartooth document retention and disposal policy shall conform to federal and state guidelines. State and Federal program document retention guidelines shall supersede Beartooth guidelines when there is a policy conflict. Financial Documents Beartooth will follow the record retention guidelines set forth by the accounting firm that conducts annual audits for our organization. Revolving Loan Fund The Beartooth Revolving Loan Fund will follow the most restrictive records retention policy of the four entities that provided capital to the fund, US Economic Development Agency, Montana Department of Commerce CDBG, Montana Board of Investments, and USDA Intermediary Relending Program. EDA guidelines have a three year retention requirement Program and Project Documents All program and project documents including timesheets not covered by the RLF policy or the Financial Documents policy above, relating to funding sources and personnel will be held for six years at which time they will be purged. This policy can only be superseded by a state or Federal funding agencies directly funding program and project activites. 45 Beartooth RC&D Area, Inc. Board of Director’s Meeting Agenda Meeting 1:00 P.M. Beartooth RC&D 128 S Main St, Joliet, MT Thursday, July 21st, 2022 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Lunch Review March Board Minutes Congressional Updates Josiah Porcel (Sen. Tester) Tory Kolkhorst (Sen. Daines) Cade Overstreet (Rep. Rosendale) Treasurer/Financial Reports 1. Treasurer Update 2. RC&D Financials 3. RLF Financials Staff Compensation Beartooth Holiday Schedule CEDS UPDATE USDA Signature Staff Reports – Program/Project updates 1. Food/Ag Program – Joel Bertolino 2. Revolving Loan Fund – Nan Knight 3. Economic Development/ CRDC – Jacy Head 4. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting September 15th, 2022 Red Lodge, MT Adjourn Chair Chair, All Chair, All Van Ballegooyen Bertolino Head, Lastusky Head Bertolino Knight Head Lastusky Roe et al Action Information Information Action Action Information Action Information Action Information Information Information Information Information Information 46 Page 2 Regional Roundup CEDS SWOT Our goals for the Roundup are to find out what’s happening in the area, keep the conversations focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of the CEDS. Please help us identify the projects in their area that fit into our CEDS categories: Infrastructure Housing Transportation Broadband Economy Upturns or downturns in industry sectors New business openings (or closures) Communication Marketing and outreach Services Health care Natural Resources Agriculture Energy Human Capital Workforce Education NOTES: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 47 Page 3 Beartooth RC&D Area, Inc. Board of Director’s Meeting MINUTES May 19th, 2022 Agenda 1:00 pm 2:30 PM Meeting Called to Order Pledge of Allegiance, Introduction of Members and Guests Review March Board Minutes Congressional Updates Maddie Alpert (Sen. Tester) Tory Kolkhorst (Sen. Daines) Cade Overstreet (Rep. Rosendale) Treasurer/Financial Reports 4. Treasurer Update 5. RC&D Financials 6. RLF Financials CEDS UPDATE BSTF Signature Staff Reports – Program/Project updates 5. Food/Ag Program – Joel Bertolino 6. Revolving Loan Fund – Nan Knight 7. Economic Development/ CRDC – Jacy Head 8. Operations Support- Myrna Lastusky Regional Roundup – News and updates from regional members on projects and activities in key CEDS categories…. (see topics on next page) Next Beartooth RC&D Area, Inc. Board of Directors Meeting July 21st, 2022 - Beartooth RC&D Carbon County Adjourn Chair Chair, All Chair, All Head, Lastusky Head Bertolino Knight Head Lastusky Roe et al Action Information Information Action Action Information Action Information Information Information Information Information Information 48 Page 4 ATTENDANCE Board of Directors Meeting March 17, 2022 Minutes Members Present: Joel Bertolino, BRCD Nan Knight, BRCD Jacy Head, BRCD Myrna Lastusky, BRCD Ryan Van Ballegooyen, Billings Job Service Holly Higgins, First Interstate Bank of Hardin Lorene Hintz, Big Sky EDA SBDC Dan Lowe, Big Horn County Conservation District Scott Miller, Carbon County Commissioner Larry Keltner, FIB Hardin President Meeting Called to Order at 1:00 pm. Pledge of Allegiance, Introduction of Members and Guests Review January Board Minutes Scott Miller motioned to approve the minutes. Holly Higgins seconded. Motion passed. Executive Committee Nominations Jeff McDowell no longer has time to serve, but will continue as an alternate. Ryan, Melanie, and Marissa are all willing to continue serving, and no one else was nominated. Motion to keep current Executive Committee officers: Ryan motioned, Lorene seconded. Motion carried. Congressional Updates – No one attended Treasurer/Financial Reports 1. Treasurer Update a. See the attached report. b. If you would like to review the audit report, give Nan your email and she will send it to you. c. Pg. 12: RLF updates on loans: i. 2 in Big Horn ii. 2 in Stillwater iii. Closed a loan in Yellowstone yesterday – with a concrete company and great people to work with. 20-year loan but they will probably pay it off sooner. iv. Carbon County has a loan pending – will bring us up to 3. Will hopefully be closed at the beginning of April. v. 2 in Sweet Grass d. At bottom is where bank accounts are sitting at end of February – what we have to lend out. e. 2 “troublemakers”: Nan was able to get in touch with one lender and is working with them to get the money from that loanee (they must give half the money up front and then remainder will be paid off in 49 Page 5 monthly increments). Another one has an inter-creditors agreement with Yellowstone Bank, so we are sitting pretty good with it. 2. RC&D Financials a. Beartooth Books (p 13): Showing what ins and expenses are moving out. 3. RLF Financials a. A $200,000 loan for Yellowstone County and a $210,000 loan for Carbon County are both set to close this month. b. RLF funding inquiries have been very active. c. EDA de-federalization application is completed and accepted; just waiting on EDA signature. d. One of Stillwater County loans was paid off in January. Dan motioned to approve the financial updates; Holly seconded. Motion carried. CEDS Update (Jacy) Had most recent CEDS Committee meeting this week and have goals pretty well in place. Working on Evaluation Framework and Strategies / Projects for the next 5 years. Myrna & Jacy have been working on Summary Background, have SWOT Analysis completed, and overall moving forward. But in May we will need to definitely prioritize to work on CEDS a LOT. o Need to have it pretty much complete by July 1st, then open it for a 30-day window for public comment. Then have another 30-day window to address all public comments and address to EDA how we responded to every single public comment. Not many in the past, but we need to be ready for that. Must submit to EDA by September. Keep fingers crossed that EDA is happy with everyone now. CEDS 5-year update came up a year early for us because EDA wants to get all Economic Development Districts on the same timeline. Many other EDDs have asked for extensions to finish their CEDS. o Joel: We don’t want to ask for an extension unless we absolutely have to because it just prolongs the pain. o Jacy: Yes, we are going to just do our best on it. o Ryan/Joel: The CEDS is a great outline or roadmap for needs and projects in our region. Joel said Jacy & Myrna have done a great job of outreach and that is continuing as we work through the CEDS. Jacy: Tara Mastel with the Extension is working on a study of migration patterns – where are all these people moving from and where are our people moving to. I’m hoping she can come to Red Lodge in September and want to incorporate that study. o If anyone knows of good studies, pass them on to Jacy. o Joel: Bureau of Economic Research has some good data on this, also – in and out migration with estimates. Ryan: California and Colorado. Californians moved to Colorado at one point because it was like Montana, but now they want to move to Montana b/c it’s like CO used to be – at least until they saturate us, too. Scott: Growth happened after the census. From 2010-2020, Carbon County only grew by 400 people, which isn’t accurate. Ryan & Scott discussed the water issue around Bozeman – one of the main concerns of those commissioners right now. Ryan: 40% of real estate transactions are by a holding company and not an individual right now. Joel: And Bozeman’s growth record isn’t just based on the state but on the country. Lorene: We don’t want their MHI either – about $800,000 Ryan: $3800/month for a 2-bedroom apartment o Lorene: They are doing a great job on the CEDS. Keep it up! 50 Page 6 Staff Reports – Program/Project updates Food & Ag Program (Joel) 1. Working through Growth Through Ag grants. Several applicants made it to the second round. Pioneer Meats got improved for improvements to their plant. 2. Worked through ARPA Value-Added Ag Grants – quite a few meat plants applied to add space and capacity. Will hear back on those in a couple weeks. Up to $500,000. 3. Growth Through Ag Projects & ARPA Value-Added Producer Grants i. Yellowstone Valley Farms – Reuben Stahl in Laurel 1. Joel & Nan visited with Reuben Stahl outside of Laurel – trying to add space to his greenhouse. Good-sized operation he’s been doing for 15 years. ii. Mill Creek Farms – Josh Sian in Pompey’s Pillar iii. Blue Creek Marbled Beef – Nels Pearson in Blue Creek south of Billings 1. Really mind-blowing operation. Invited Lorene to tour that with them. Hope to be up and running in July. Set it up so they can add on to it easily. Should help direct marketers and raise production level. 2. Scott asked if anyone is processing Bison? Joel said Stillwater Packing does. Blue Creek is likely just doing beef (no pork), but possibly yaks, maybe bison? iv. Carbon County Meats – Sabina Giovetti in Belfry 1. Joel toured recently. They opened last summer. Have had so much demand, they want to build a larger one at a different location. Possibly use the current one for just wild game. v. Toews Family Farms – Aaron Toews in Hardin 1. Been growing grain for years and decided to bag it; surprised with demand and needs a bigger place. Looking for funding options. vi. Prime Meats – Lamont Herman in St. Xavier vii. Primitive Meats – Kelsey Grice in Worden 1. Put them in touch with an engineer 4. Doing more outreach each month with Lane Gobbs. Visited Meadowlark Brewing in Billings. Fascinating! Huge microbrewery. i. Lorene was there yesterday with SBDC and he has 9 tanks he is brewing. Not open yet, but is getting very close – maybe waiting on licensing. ii. Joel: He’s trying to get a full liquor license. 5. Ongoing Projects i. Basin Inc – Judy Edwards in Big Timber ii. Yellowstone Valley Food Hub – Schahczenski in Billings iii. 406 Bovine LLC – Bryan Elliot in Laurel 1. Still trying to raise money for Ag Tech product line – facial recognition for livestock; hardest part is initial entry of photos. 2. Lorene: Mainly for registered cattle? Additional marketing piece – people will know where their meat came from; can follow an animal throughout entire life. iv. Stillwater Packing Co/Emmett’s Meats – Jason Emmett in Columbus 1. Joel will visit them & bring Carbon County Meats along to help them get more info. v. Pioneer Meats – Brian Engle in Big Timber 1. Invested $600,000 in that facility. Toured them in Nov. vi. Big Sky Beef – Gary Guessman 1. Large processing facility vii. Becky’s Berries – Becky Stahl in Absarokee viii. F Bar 3 Vineyards – Kasey Felder in Laurel 1. Toured this recently 51 Page 7 6. Beartooth FADC initiated contact with: i. Kathy Bauer – Roberts – ways to add value for a small ag operation ii. North 40 Ag – Huntley iii. Robin Whalen – Columbus – referred to us by Veterans Business Outreach Center iv. Patrick Certain – Billings – local vegetable farm operation v. Bio Economy Solutions – Hardin vi. Miller’s Custom Meats – possible processing in Joliet 2. Economic Development/CRDC (Jacy) 1. EDA CARES Act – continuing through June 2022 i. Myrna meets with Deb Brown, Watch Parties, Bozeman Trail meetings 1. $3380 left of CARES money, and we got it approved to use for some mapping work on Bozeman Trail. Myrna recently met with DOC and others to discuss these efforts. ii. Big Sky EDA – using funding for trainings and other work. Myrna is working with our EDA rep, Caroline, and BSEDA on possible extension so they can complete an industry study on TIF Districts. Waiting to hear more from BSEDA. iii. Received final housing study from Cushing Terrell and CT will be presenting to Montana Housing Coordinating Team in April. 2. BSTF i. Red Lodge Pea Cannery – hopefully wrapping up in April. Will get funds from DEQ once we finalize with High Plains Architects. ii. Stillwater County Industrial Park Feasibility Study – KLJ was selected for the project’s contractor; hope to execute contracts by March 25th. Moving along well. 3. ARPA i. Jacy continues to attend the meetings for updates 4. USDA RCDI Grant – create Economic Dev position in BHC i. Interviewed 4 different applicants, but they weren’t suited for the position so it remains open until filled. 1 more applicant came in since. Once someone is hired we will be training them. 5. CEDS i. Creating draft document, meeting with CEDS Strategy Committee, and doing remaining public outreach, getting input and incorporating it. ii. Anticipated completion of first final document will be June & open for public comment for 30 days. 6. Reporting: April is busy month i. EDA Partnership Planning Grant – similar to CEDS Annual update ii. 1st Qtr CRDC Report 1. Almost approved with 4th qtr reports from CRDC iii. BSTF 1. Qtr reports for 2 grants iv. 1st qtr reports for RCDI grant 3. RLF (Nan) – see notes above from Treasurer’s Report 1. Defederalization i. Everything is submitted, but it’s been delayed due to ARPA stuff going. We should be able to sign off in the next month. Regional Roundup: Scott Miller, Carbon County Commissioner 1. Marijuana has hit MT. Carbon County is leading the way on resolutions. With the recent issue of the marijuana shop in Roberts, we didn’t shut the guy out or run his business out – we put a resolution together to put ordinances in, which were required distances from churches/schools, etc. He already had a commercial 52 Page 8 business, so he didn’t need a commercial license to put it in. Our resolutions were to prevent shacks from popping up next to schools. We have a Green County Commissioner Team to let others know what is happening. It’s up to the people of Carbon County (we live in America!). 2. We have a Health Dept that works for the people. 3 new people that are nurses and are hiring 3 more people. All the schools are on board with MOU to have health nurses in the schools, have school nurses to provide shots and other care. Many people were scared of County Health officer before, so now have County Health Dept that works for the people. a. Dane Lowe asked if nurses were operating under a doctor. Scott said yes, they are. Nurse can also send them to regular provider and confirm that prescriptions are correct, lining people up with Medicare/Medicaid, getting children healthcare, etc. 3. County hired some new people because some people were doing 8 jobs. 4. This summer they’re hiring an engineer to provide guidance on the courthouse, sheriff’s department, and fairgrounds to provide for growth in the future. We don’t have the facilities now so we need to look forward. 5. Big Sky Rail Authority has started to really pick up. Board President has been in DC and met with Transportation Secretary. Ramping up to provide services across the country. It’s coming faster than Scott thought it would happen. Passenger Rail Authority may be here in the next 2 years. Money is coming faster. Will take a BIG number. They have to inspect tracks since it’s passenger – different weight for passenger vs. freight. Will go through Denver. Once Transportation Authority passes it, Amtrak will be rolling. Everyone is on board, but big government is slowing things down. a. No major upgrades needed – just inspections and upgrading some older track – and where/how to put the depots in. Yellowstone County doesn’t want it, but other counties are very excited about it. Will bring money to the state but will cost the federal government a lot of money. 6. Just had Ski Joring in Red Lodge. 7. Renaissance Faire in June – 7,000 people will be coming (10,000 in entire county!) Dan Lowe, Big Horn County Conservation District 1. Invasive Aquatic Station – in middle of hiring Board-approved applicant. Unique because the position is from daylight to dark. Supposed to start April 15th. 2. National Association of Conservation Districts Conference in Orlando this year – Dan has been to about half of these conferences. Great opportunity to talk to other people and see what is happening in other regions since there are people from all over U.S. and U.S. territories even. There were many young Native American people there who are taking an active role in their areas, which was a breath of fresh air. Holly Higgins, First Interstate Bank of Hardin 1. Now have 3 places to buy coffee in town (and rolls!). 2. Annie’s Deli is now in downtown. 3. Police Force is now up and running. Hired 6 deputies. Some issues between County Sheriff’s Office and the City Police and dispatch and who acts on which calls. a. Article in paper today about the division between the departments. 4. Concern over inflation with Custom Combiners – for farmers who don’t own a combine. This is one of most expensive things usually, but with gas inflation, who knows what this will cost this year. Some farmers have such big farms they are unable to help neighboring farms out. a. Scott: Hay shortage due to drought has made hay very expensive, so many people need to sell the cattle because they can’t feed them . . . ripple effect. b. Joel: Herd is decreasing. If we have another drought many won’t make it. Might be able to survive one, but not two in a row. c. Holly: People were struggling already, so inflation is really hurting. d. Scott: It’s not just the oil the war is impacting – a lot of food came out of Ukraine, which is similar to war in Iraq. Lorene Hintz, Big Sky EDA Small Business Development Center 1. Veterans Training coming up on Tuesday 53 Page 9 2. Celebrated SBDC Day yesterday – national day started by the center in Helena. Bought a big Costco cake and went to 14 businesses and served cake to employees. Fun day! a. ____________ = little restaurant started during Covid and then expanded. There were 11 employees there for lunchtime. 3. Rise & Restore 1-day business workshop – Nikki Edmonds is keynote speaker, panel, 2 breakout sessions, showing Edge of Plains documentary over lunch, at 3:00 there are optional tours – Swanky Roots, Red Ox, Canty Boots, then Beer & Bingo at night. Join them for a great day. 4. Ask Lorene to tell you about her grandkids and their State Basketball Championships! Next Beartooth RC&D Board of Directors Meeting: May 19, 2022 – Stillwater County 2:33: Adjourn Revolving Loan Fund Books- February 2022 Loan Client Review County # of loans $ Loaned out Big Horn 2 $166,176.89 Stillwater 2 $145,779.59 Yellowstone 7 $343,486.16 Carbon 2 $17,946.55 Sweet Grass 2 $161,730.90 A $200K loan for Yellowstone County & A 210K for Carbon County set for closing this month. RLF funding inquiries has been very active. EDA De-federalization application completed an accepted, waiting on EDA signature. One of Stillwater County loans paid off in January. Bank Balances as of February 2022 Total available for lending Bank of Joliet- EDA $78,964.78 78,964.78 Bank of Joliet-CDBG $426,940.59 226,940.59 Bank of Joliet- IRP $157,117.43 37,117.43 Bank of Joliet-Fromberg $31,238.77 31,238.77 $374,261.57 54 Page 10 Beartooth RC&D Board Meeting Minutes May 19, 2022 – 1:00 pm Columbus Fire Hall Ryan Van Ballegooyen, Billings Job Service Commissioner Melanie Roe, Sweet Grass County Joel Bertolino, BRCD Nan Knight, BRCD Myrna Lastusky, BRCD Jacy Head, BRCD Bob Van Oosten, Stillwater County Conservation District Holly Higgins, First Interstate Bank of Hardin Commissioner Sidney Fitzpatrick, Big Horn County Tina Toyne, Big Horn County Danny Choriki, Billings City Council Commissioner Steve Riveland, Stillwater County Commissioner Scott Miller, Carbon County Lorene Hintz, SBDC Kayla Vokral, SBDC Brent Moore, City of Red Lodge Dan Lowe, Big Horn County Conservation District Meeting Called to Order: Board Chairman Ryan Van Ballegooyen Pledge of Allegiance, Introduction of Members and Guests Review March Board Minutes (Action): Holly Higgins motioned to approve the minutes. Melanie Roe seconded. Motion carried. Congressional Updates: None present Treasurer/Financial Reports (Nan Knight) 1. Treasurer Update – pp 9-11 • RLF Update – got another proposal for Yellowstone. Hopefully will close next month for a car wash in Laurel. • 16 current loans • In 1st position on a new loan in Carbon County • Still waiting on de-federalization • Received payoff for Stillwater County loan (TOC) at beginning of May • RLF funds are getting a little low with all the activity we’ve had - $262, 916 available – not including funding for the car wash • Sidney asked who the Big Horn County loans were • Chiropractor and Dill Properties that is closed now 2. RC&D Financials (Action) • See page 12 Beartooth Books • See below for Action on RC&D Financials. 55 Page 11 3. RLF Financials (Action) Ryan said for the first time in his 10 years we are starting to ask if we need to request more RLF money. So far the Executive Committee has decided there are other things we can focus our attention on right now, but it’s exciting to think about. o Nan said she is going to be helping Jacy with a big project that is exciting and will involve all the counties. More info down the road. o Sidney got contacted from Commerce. Bed tax in MT is almost $4 Billion (for one year!). There is a lot of money available for tourism activities. $1 million earmarked to tribes. Keep in mind for upcoming projects. o Holly asked if we know the percentage the loans are up. Nan is getting ready to close her 3rd loan since coming on board in November. Another one in the works that is in Yellowstone County – more community development and would be from EDA de-federalized money. Joel: in the previous 24 months, we had only 1 approved, so there has been a lot more activity. Melanie Roe motioned to approve the Beartooth RC&D/RLF financials. Scott Miller seconded. Motion carried. CEDS UPDATE (Jacy Head) We’re doing pretty well and shouldn’t need too much more input from you all. Myrna and I have the data we need and just need to compile it and build the actual document. Must put out for public comment by the end of July and will keep you updated. Ryan asked about the survey Myrna put out on goal prioritization o Myrna: We got great response, so thank you, everyone! Brief discussion on the excellent CEDS Committee meetings & input BSTF Signature (Action) – Jacy will be signatory and Nan will also o Any objections? None o All in favor to let Jacy and Nan sign for necessary paperwork – motion carried. Staff Reports – Program/Project updates Food/Ag Program – Joel Bertolino Long report, but it’s been busy. Had a call from Weston Merrill, Dept of Ag, who wanted input from Joel and was putting together a tour for the Governor’s office to tour businesses who have received funding. Joel and Weston developed a tour plan and got to many businesses. o Started at Becky’s Berries, then went to Midland Bull Test, then Blue Creek Marbled Meat, Ranch House Meat, Grains of Montana, and Yellowstone Valley Food Hub. They next day they went to a ranch outside of Billings (High 5 Meats) and Swanky Roots. o Photos at end of report from that tour. GTA / Value-Added Ag Grants o New England Chowder Co – Craig Rief, Big Timber Been in business 18 years on the east coast. Have a line of soups they market across the US and internationally. Visited about equipment needs and grant sources and where they can source local ingredients. Potatoes and herbs in local greenhouses. 56 Page 12 Use of bones from meat processors to make broth. He owns the building they are in. Melanie said Colter Todd at the brewery has been involved, but she doesn’t know too much about it. Joel said the equipment they have is fantastic. o BioEconomy Solutions – Victor Garlington, Hardin Worked on and off last several months Representing investors to develop camelina plant outside of Hardin Looking at potential funding packages, loans Most interested in designing a rail spur for their project. Joel put them in touch with an engineering firm that has a lot of expertise in this. They have been happy with this firm. Joel will get a tour of that fairly soon. Sidney asked if it was on Black Creek – Joel said he was looking at 2 different sites and wasn’t sure what he settled on (maybe Dunmore?) Sidney discussed a group that took over some farmland and wonders if it’s the same group. Possibly. o Oswald Farms – Melissa Oswald, Joliet Have a feedlot and started developing relationships with local consumers and a bar and steakhouse. Raise beef and direct sell to steakhouses and other local consumers. Want to expand and build a retail facility on Hwy 310. Joel helped them put together a grant app. Want to include other local products there too. o Meadlowlark Brewing – Travis Peterson, Billings Joel toured their new facility on the west end of Billings. Should be a great business and great help to barley and hop growers of MT. o Ranch House Meats / Pure MT Meats – Tonya Flowers, Huntley Helped develop their ARPA app. Received $200K for their operations. Processing plant and also a retail place. Ongoing Projects o Mill Creek Farms – Josh Sian, Pompey’ s Pillar Heifer development facility. Unfunded ARPA app. o Blue Creek Marbled Meat – Nels Pearson, Billings Took tour – see picture Received $300K for new project Have 1.3 million into it Hope to be ready in July Joel referred them to Dept of Ag for the tour; lots of press for that tour Fantastic facility – maybe best in MT o Yellowstone Valley Farms – Reuben Stahl, Laurel Trying to expand his sweet basil business Sells directly to Sysco and FSA Put in ARPA proposal; not funded o Carbon County Meats – Sabina Giovetti, Belfry Working on and off with them Small meat plant Unsuccessful grant apps but are looking to expand their facility and Joel arranged tours and meetings with other meat processors. Brian Engle of Pioneer Meats also connected them with many other meat processors at an event he put together. Scott asked if they were moving to Bridger – not sure on that yet. o Prime Meats of MT – Lamont Herman, St. Xavier Unapproved funding but still looking Trying to retail in BHC and YC Holly said he is trying to get in Al Sargent’s building on Main Street. o Primitive Meats – Kelsey Grice, Worden Startup. Put in touch with engineer for new meat plant Joel helped with grant app and they received $150K Will be meeting with them again for next plans o Basin, Inc – Judy Edwards, Big Timber Direct market beef business 57 Page 13 Received Value-added grant last year Pulled out of grant apps this year o Yellowstone Valley Food Hub – Michelle Schahczenski, Billings Trying to finish up last GTA grant they received Growing and have some space needs o 406 Bovine – Bryan Elliot, Laurel Joel will be meeting with him soon Facial recognition app for beef cattle He’s been in feedlots in TX, OK, and KS promoting his product and collecting data. o Stillwater Packing/Emmett’s Meats – Jason Emmett, Columbus They hosted us and talked with Giovettis of Carbon County Meats – very helpful Discussed their incinerator and some issues they’ve had with that. High cost of getting rid of hides o Pioneer Meats – Brian Engle, Big Timber $50K GTA grant money $150K of ARPA o Becky’s Berries – Becky Stahl, Absarokee Hosted Dept of Ag Great story behind her business Has some expansion plans for a line of freeze-dried berries and will need to purchase some new equipment for that. List of businesses Joel has had contact with recently and more pics from Dept of Ag tour. Ryan: Joel just mentioned $870K that went to our counties. Some others he didn’t mention amounts, but money is going to them, too. o Joel: The ARPA funds were a one-time opportunity and glad some of them took advantage of it. Economic Development/ CRDC – Jacy Head Finishing out EDA CARES money o Deb Brown – providing Watch Parties, Bozeman Trail project. Myrna doing many efforts with that. o Big Sky EDA funded Economic Response and Recovery Team – provided collaboration and trainings for region o Cushing Terrell Regional Housing Study – have final report from them Big Sky Trust Fund – 2 projects o Red Lodge Pea Cannery – finished in April. Paynes (owners) are going to create an art gallery, book store, and a coffee shop. o Stillwater Industrial/Business Park Feasibility Study – hired KLJ and had first kickoff meeting with Comm. Riveland and Steph Ray. Going well. ARPA – still educating self on the opportunities and attending trainings USDA RCDI Grant in Big Horn County – great news: Tina Toyne was recently hired for the EDD position there and Jacy will be working with her. o Quarterly report was submitted. CEDS – gave an update earlier. Have to be done by end of July for public comment, then 30 days to respond to comments before submitting in September. Reporting for grants – all quarterly, semi-annual, and annual reports were completed Red Lodge Workforce Housing Committee – using a recording of our Regional Housing Study for one of their events. Helping Hands Food Bank in Hardin – DEQ Petroleum Brownfields eligibility has been completed and Targeted Brownfields Grant is submitted. MEDA Spring Conference is next week. Jacy is attending. Dept of Commerce has asked all CRDC to come early to discuss changes in their programs RCDI grant was submitted for RLACF – Robin Adams is leaving and they are looking for a Workforce Housing Manager to replace Robin. If this grant application is approved, the new housing manager would break out from the community foundation (RLACF) and create a separate nonprofit. The process will include training to become a loan processor and workforce housing training. o Danny Choriki said Billings has a moderate group looking into workforce housing and also downtown housing. They and BSEDA have made workforce housing a priority for the foreseeable future. Jacy said Workforce Housing will be a big part of the CEDS. 58 Page 14 o Danny said they have put in 2 mills for prevention of problems around public safety and discussing what to do with cannabis excise tax. Will probably go towards prevention – breaking poverty cycle, public safety issues, and so on. Joel asked about the regional housing study cited recently o Jacy: KULR8 had an article/news segment on the $114,000 affordability gap in Carbon County and cited our housing study. Operations Support- Myrna Lastusky Working with Jacy on CEDS Bozeman Trail project: meetings, communications, mapping progress, National Historic Trail designation/feasibility study efforts & letters of support. o Looking into doing some presentations in various communities with trail rides from one stop to the next (possibly horse/wagon, possibly bike or . . .?). Let Myrna know if your community might be interested to be part of this event. Summer 2023. Joliet Committees: working with a couple groups to revitalize Main Street. Jammin’ Out in Joliet is on June 25th 10 am – 11 pm. DJ music, band, vendors, games for kids, etc. Regional Roundup Infrastructure Housing Transportation Broadband Economy Upturns or downturns in industry sectors New business openings (or closures) Communication Marketing and outreach Services Health care Natural Resources Agriculture Energy Human Capital Workforce Education Heidi Sparks, City of Laurel Lost our treasurer last month. A clerk stepped up and is filling the role. Many process changes. Building code gal gave notice, Planner resigned earlier this year . . . so lots going on from staffing perspective. Projects: Bid for S. 4th reconstruction from 1st (hwy) to South Pond. Pretty big deal. 1 of first steps to rebuilding south side infrastructure West Railroad Road project on State Dept of Transportation schedule. Approved by DOT and they are starting the design phase. Great to see progress in older infrastructure needs. Annexations: Golf course getting new clubhouse and working to annex around that. Joel said there’s a lot of commercial growth in Laurel right now. Heidi said City Brew is coming in where old Burger King was. Also, a Chinese restaurant. 59 Page 15 IGA is leaving and becoming Albertsons. Former Taco Johns building is becoming Your Pie Pizza. Anytime Fitness is coming in the former Helena building that has a sign up now Scott Miller, Carbon County Chris Stovall, clerk and recorder, is retiring in July. 2 people running for that office in July. There will be a small gap between retirement and new hire. Not many houses to buy unless you have some millions to spend. Hwy 212 – project the State is kicking off through the S-curve by the rest area. Lots of Amish with buggies, horses, and bikes and people drive way too fast here. Really hard to see them and worried about catastrophes. Planning to widen the shoulders to help with issue This will go through to Red Lodge Big Sky Rail Authority We care most about it going south through Carbon County. Need billions of dollars to get it going. Will bring lots of jobs, but it takes money to do it. Much further along than Scott thought it would be – maybe only 2 years from getting this going. Feds are pushing to get this moving. Sidney: That was our transportation back in the day – RR went to Denver and other locations. Marijuana: Carbon County isn’t putting it back on the ballot. Bridger, Red Lodge, Roberts have dispensaries. Dealing with it as we can. Not enough people have done a petition to put back on the ballot – we’ll wait for the people to tell us what they want. Wind Farm is rolling well – we got $4.6 million from that and are pushing it out over 30 years to maintain roads. Health Dept is running great – 7 new employees, and they are in the school system and senior centers now. Working with the people. Before we had a contract with Beartooth Clinic – got rid of that and now the nurses, director, and everyone works FOR the people of Carbon County. People are loving this. Went to Seniors Aging Council yesterday and this Health Dept is getting us back in the direction we need to be. Northwestern – power lines Hiring 2 more road crew, one more Health Dept employee. Population is growing – new people moving in, new businesses, lots of growth. Nothing huge, but lots of growth. Brent Moore, Red Lodge City pool project will be wrapped up in late June to open in July. Housing production with new developments, apartment complex. Last few years have been a lot of change. Steve Riveland, Stillwater Housing shortage – not much for sale Exciting progress on new fairgrounds – Facilities Capital Improvement team decide to move forward on a building plan. Hope to break ground real soon. Planning for Law & Justice Center – hope to kick off in the next 18-24 months. $13.5 million project. Wind Farm breaking ground in July – plan to use impact funds for roads. Down to 2 commissioners in seat – one resigned a couple weeks ago. Quite a bit of turnover in our organization. New Emergency Service Specialist David Stamey is getting up and rolling. Danny Choriki, City of Billings 60 Page 16 Marijuana – last year it was 8-3 to put it on the ballot; this year it would be 5-6 against. Such a crazy issue. Housing – couple things we’ve figured out: In 2020 during the explosion of people moving in, 18% of purchasers were investors. Trying to get a handle on how much short-term rentals are impacting us. Trying to maintain the housing stock we have. Code enforcement is moving toward a more proactive model. Some new hires will be for code enforcement. Group of people have come together to try to do downtown housing projects and tie the medical corridor in with that. Have seen many companies come in (like Coca-Cola) using Billings as a regional transportation hub. Lot of money coming into town. A $30M project is coming in south of interstate. Coca-Cola will also be creating a bottling plant and will create a total of 120 jobs. Joel asked if an Amazon warehouse was coming in – no, but there’s a new Costco being built at Zoo interchange. Sidney asked about a box store in the Heights plus a new corridor into the Heights. Trying to do an intensive planning project for the Hwy 3 inner belt loop project and then also do it for the bypass on the north side of the Heights. A TIF in the Heights would make a lot of sense. In south Billings, they had a bunch of undeveloped land and were able to pull people into that TIF district, which will be funding $25M for a new recreation center. Sidney said the county part of the Heights is really getting built up. Sidney Fitzpatrick, Big Horn County: Introduced Tina Toyne, the brand new BHC Economic Development Director. Running for 3rd term. Opposition is County Sheriff that is in office. Since coal went away in BHC, we’ve had to get creative about changing our attitude because we had coal royalties to handle all the costs for so long. Coal royalties built everything and now it’s gone away. Only have one mine left – Spring Creek, which is now doing great and will stabilize our royalties. Holly is our banker and we are trying to develop some of the money and spread it out and invest it. No more free stuff – it will cost a fee for a cattle guard, etc. Everything coal money took away now needs to be rethought. They had an appraisal of a trailer lot at $157K. Sidney wanted to be the realtor and put $165K on it. Just sold it for almost $200K. Now that money can go back into the capital improvement plan. Now they have Tina to help rethink some of these things and bring Hardin back from being a ghost town. City of Hardin police and other things have been challenging items. Our key word is sustainability – how do we sustain things for future generations? Lot of meth problems. Child murdered in BHC. Jail is packed full – 60-70 inmates in our 35-bed unit. Last week 5 young native men committed suicide. Sidney represents both Crow and Northern Cheyenne in Big Horn County. Represents Busby where they are going way too fast on the highway. Dan LaFonte is a butcher and wants to buy Clayton’s place by True Value and make it a butcher shop. Right now he’s catering weddings. Sidney will send him our way. Holly said S-Ranch Meats mainly process meat for their own label, but they have done some 4-H processing. Shipton’s moved in a year ago. It is really thriving. Farmers doubted when it moved in to Hardin, but they are real happy with it now. They get Wyoming folk coming up to save on sales tax and they stop in Hardin instead of going to Billings. Put marijuana on ballot. Have one dispensary coming next to the cemetery by Larry’s and another one is right on the reservation line and a 3rd one is trying to come. Holly said the one’s revenue is $400K/month. Scott said Carbon has ordinances to limit marijuana dispensing to solid buildings, not tents and shacks that can pop up overnight and disappear. 61 Page 17 Holly Higgins, First Interstate Bank of Hardin: Not much to add from Sidney’s. Chinese restaurant closed – the Purple Cow. City of Hardin doesn’t want marijuana, but owner of Chevy supposedly bought the place and wants to open a dispensary. Holly thinks that fell through. Tina thinks the gas station next to it bought it to expand. Lorene Hintz/Kayla Vokral, SBDC Building project is almost done – supposed to move in June. Plenty of hang-ups along the way, but they will let us know when grand opening happens. Fiber lines coming into Billings – people will have a choice between Spectrum and another fiber optics in the next 3 years. 2 weeks ago had a workforce summit – speaker from Gallup on how to keep employees and creating a culture other employees want to join. Economy is growing, but a big chunk of the workforce has retired. Launching a summer internship program – 16- to 19-year-olds put in applications, and businesses put in potential jobs. Program will launch in June. Youth will have a few days of training to learn about being in a professional environment and then start their jobs. Lane Gobbs did Lean Lego Training with them. Businesses learned how to put their line together. Joel mentioned that we worked on a Food Venture Program grant that Kayla brought to our attention. It will provide more Montana-grown beef and food to schools. 12-week course for food professionals is available. Could be for producers who want to package their own beef or someone who wants to open a food truck or . . . Once they pass they go into the program’s Facebook group and the value continues as they share info with each other. • Kayla has wanted to do this for a year and partnering with Joel got them the money they needed. Bob Van Oosten, Stillwater Conservation District Pretty quiet lately on most fronts. Soil moisture is less than last year at this time. Need serious rain between now and Memorial Day. Mostly repairing previous flood damage – no big projects. Have had a lot of fiber optic and power lines going under streams. Bob lives 8 miles north of the interstate and has fiber optic to his house. Dan Lowe, Big Horn County Conservation District Working on an invasive species of grass called ventenata. It’s like a cancer. Not palatable, has sharp edges, eats up resources. They are educating people on identification and eradication. Check stations are up and running to keep mussels and other invasive species out of water. Dan understands how tough it must be for Sidney to represent two reservations – they don’t always get along. Prairie dogs are invading and creating problems for local landowners. Working on education and management. Melanie Roe, Sweet Grass County They are in the same housing boat as everyone else. Half the houses are empty – only used a couple weeks per year. A couple new subdivisions are going in. Houses that were $200K a few years ago are now $600K and are selling in days. Transportation corridor – haven’t decided to join Big Sky Rail Authority yet. Broadband is going crazy – fiber is running everywhere. It’s also going up East Boulder road which will 62 Page 18 interfere with Mine traffic. It goes in and out of Park County and Sweet Grass County, so that’s an issue, too. New businesses: Mexican restaurant was open for 2 weeks & is now closed due to no employees available. Other restaurants have limited hours because there isn’t enough workforce. Meat Producers Convention – Brian Engle brought people in, filled every hotel, restaurants cooked . . . it was a great event for the community. Workforce and affordable housing are the biggest challenges. Dan Lowe said that everyone in the room had mentioned problems in their communities, BUT everyone is very positive, and when we overcome problems, we are stronger. The difference between ordinary and extraordinary is extra, and he sees that with this group. Ryan Van Ballegooyen, Billings Job Service 1200-1500 unemployed in Yellowstone County (people actively looking for work). There are 4200 job postings just that Ryan knows about. If you are competing for those employees, you’d better figure out what makes you special. Get creative with hours, benefits, whatever will get employees on board. Baby boomers worked really hard for a long time and finally get to retire. Loyalty to family was their number 1 value. For young folks today, their #1 value is also loyalty to family, but not in working more hours and putting food on the table; it’s “give me more time with my family.” Different solution, but it’s the same value. Keep that in mind. Sidney: I’ve seen where they work 4-day weeks and have 3-day weekends. Ryan: In New Zealand, you are in trouble if you work more than 40 hours / week in the medical field. The rest of world is ahead of us on the idea of working less hours. Give people a work-life balance, and we all need to find that. MT has high drinking, drug, suicide rates because many people work way too hard. Steve said they hired a couple department heads who want to negotiate a lot to get good people in. They are competing with private industry that pays more than government usually, so you have to offer other benefits. Sidney: Want to toot Holly’s horn – she’s a new business owner in Hardin. She bought the carwash. Next Beartooth RC&D Area, Inc. Board of Directors Meeting: July 21st, 2022 - Beartooth RC&D Meeting adjourned at 3:15 pm. 63 Page 19 Revolving Loan Fund Books- April, 2022 Loan Client Review County # of loans $ Loaned out Big Horn 2 $34,847.60 Stillwater 1 $153,834.92 Yellowstone 8 $554,907.43 Carbon 3 $230,255.33 Sweet Grass 2 $169,052.08 Total: 16 $1,142,897.85 One new $165K loan for Yellowstone County set to close in June. (2nd position on commercial property for a Car wash/ Business building). New loan closed in Carbon county ( 1st position for a commercial building) EDA De-federalization still waiting on EDA signature. One of Stillwater County loans paid off in April. Bank Balances as of February 2022 Total available for lending Bank of Joliet- EDA $88,009.57 $88,009.57 Bank of Joliet-CDBG $231,279.89 $66,276.89 Bank of Joliet- IRP $174,352.99 $54,352.99 Bank of Joliet-Fromberg $31,238.77 31,238.77 $262,916.34 64 Page 20 Beartooth Books- Reporting Ending April 2022 Budgeted Actual % of budgeted Income AG-FOOD AND AG CENTER 45,000 11,235 24.97% AG-MCDC 500 0 0.00% SPECIALTY BLOCK 40,000 0.00% BOARD - EDA SPONSOR DUES 56,979 43,005 75.48% BOARD-INTEREST INCOME 400 0.00% BOARD-FOUNDATION MONEY 3,300 3,529 106.93% RLF-STAFF REIMBURSE 18,000 0 0.00% RLF-ORIG FEES 5,000 4,190 83.80% CRDC 71,000 17,961 25.30% MISC- GRANT ADMIN$ 12,750 3,380 26.51% EDA- GRANT 70,000 35,000 0.00% EDA- CARES 100,000 100,000 0.00% NOT BUDGED INCOME 7,140 0.00% TOTAL INCOME 422,929 225,440 53.30% Expense TOTAL STAFF EXPENSE 233,104 76,384 32.77% COMMUNICATIONS 6,000 2,500 41.67% EQUIPMENT & VEHICLE 8,520 1,270 14.91% CONTRACTUAL 20,000 57,355 286.77% SUPPLIES 12,900 4,188 32.47% TRAVEL 11,080 685 6.18% OTHER 10,420 12,899 123.79% RESERVE - EXPENSE TOTAL 302,024 155,282 51.41% Account Balances Bank of Joliet-Building Account $4,477.43 Bank of Joliet- Savings Account $64,636.64 Bank of Joliet- Checking Account $198,720.83 65 Page 21 Revolving Loan Fund Books- June, 2022 Loan Client Review County # of loans $ Loaned out Big Horn 2 $175,965.61 Stillwater 1 $153,198.20 Yellowstone 8 $552,634.04 Carbon 2 $208,410.02 Sweet Grass 2 $166,371.53 Total: 16 $1,256,579.40 EDA funds are finally de-federalized. Looking into new loan funding options “Two” New Yellowstone county loans 7/13/22 Bank Balances as of June, 30 2022 Total available for lending Bank of Joliet- EDA $95,382.83 $95,382.83 Bank of Joliet-CDBG $237,799.12 $39,865.40 Bank of Joliet- IRP $167,944.76 $67,944.76 Bank of Joliet-Fromberg $31,277.51 $31,277.51 $234,470.50 66 Page 22 Beartooth Books- Reporting Ending June 2022 Budgeted Actual % of budgeted Income AG-FOOD AND AG CENTER 45,000 22,471 49.93% AG-MCDC 500 0 0.00% SPECIALTY BLOCK 40,000 8,372 0.00% BOARD - EDA SPONSOR DUES 56,979 47,151 82.75% BOARD-INTEREST INCOME 400 0.00% BOARD-FOUNDATION MONEY 3,300 3,529 106.93% RLF-STAFF REIMBURSE 18,000 0 0.00% RLF-ORIG FEES 5,000 4,190 83.80% CRDC 71,000 35,922 50.59% MISC- GRANT ADMIN$ 12,750 12,380 97.10% EDA- GRANT 70,000 35,000 0.00% EDA- CARES 100,000 100,000 0.00% NOT BUDGED INCOME 7,140 0.00% TOTAL INCOME 422,929 276,154 65.30% Expense TOTAL STAFF EXPENSE 233,104 113,860 48.84% COMMUNICATIONS 6,000 4,038 67.29% EQUIPMENT & VEHICLE 8,520 2,211 25.96% CONTRACTUAL 20,000 156,452 782.26% SUPPLIES 12,900 4,291 33.26% TRAVEL 11,080 1,107 9.99% OTHER 10,420 10,556 101.31% RESERVE - EXPENSE TOTAL 302,024 292,515 96.85% Account Balances Bank of Joliet-Building Account $4,477.99 Bank of Joliet- Savings Account $64,668.87 Bank of Joliet- Checking Account $151,022.49 67 Page 23 Beartooth RC&D Staff Project Update July 2022 FOOD AND AG CENTER PROJECTS Beartooth FADC Beartooth FADC activities have been focused on assisting producers with the Growth Through Ag Grant and Loan program and waiting on the Montana Value Added ARPA grant funding as well as conference calls with the Dept of Ag. Beartooth FADC worked with our regional MMEC and SBDC to develop an outreach tour of Swanky Roots and Wilcoxins Ice Cream. Beartooth FADC has worked with the other Food and AG Centers to develop an application for the USDS Local Food Promotion Program that would provide funding for the FADC network to promote Montana Beef in Montana Schools. Part of the funding would also be used in development a collaborative state wide training for food entrepreneurs with the SBDC network. Beartooth is now finishing the final reporting for the Department of Ag for the fiscal Year. Growth Through Ag Projects and ARPA Value Added Ag Grant Beartooth FADC has worked with several businesses interested in Growth Through Ag grants some of these will have an opportunity to be granted funding and we will continue to assist them in completing their business expansion projects. New England Chowder Co Location- Big Timber, MT Contact- Craig Rief Craig Rief has been in the soup business for 18 years on the East Coast and decided to move his business to Big Timber where he has owned a building for several years. Beartooth FADC visited his new location in June with Lane Gobbs they are now fully operational. We discussed the local Agricultural commodities he is using in his recipes and where he could source some local products as well as the addition of local products in the future. Some design tweaks for his process and the Made in Montana program. The business markets its soups nationwide and internationally and will be looking at funding for equipment in the future. BioEconomy Solutions Contact- Victor Garlington Location- Hardin, MT Victor Garlington is the contact for BioEconomy Solutions a firm interested in investing in the development of a Safflower Oil Seed processing operation in Big Horn County. Beartooth FADC has worked with them on exploring funding sources and put them in contact with an engineering firm locally that will be able to assit them with the design of infrastructure on their site. Beartooth FADC will be touring their location in the coming months. Oswald Farms Contact- Melissa Oswald 68 Page 24 Location- Joliet, MT Oswald Farms in Joliet has been marketing their beef locally through direct sales and wholesale through local restaurants, they are looking to expand and develop a retail store on highway 310 so Beartooth FADC worked with them on the development of a USDA Value Added Producer Grant for operating capital they have submitted and we have discussed putting in for a Growth Throug Ag Grant as well. Meadowlark Brewing Contact- Travis Peterson Location- Billings, MT Meadowlark brewing is finishing the construction of a brewery on the west end of Billings, we toured their facility with MMEC representative Lane Gobbs and discussed the local ingredients they use in their product line. Ranch House Meats/ Pure MT Meats Contact- Tonya Flowers Location- Huntley, MT Ranch House Meats began processing and retailing their branded meats in Billings and expanded their operation when they bought a meat plan in Miles City where their locally grown hogs and beef are processed and they shipped to their plant outside of Billings for further processing and distribution. Beartooth FADC assisted them with the development of a successful ARPA grant for $200,000.00 for upgrades to their operation. They also hosted a tour of their retail facility for the MT Department of Agriculture staff in April. On Going Projects Mill Creek Farms Contact- Josh Sian Location-Pompeys Pillar Josh Sian manages Mill Creek Farms they farm and ranch in Yellowstone county and operate a value added feedlot where they specialize in heifer development for other producers offering a custom feeding program tracking their weights, carcass traits and reproduction suitability. Blue Creek Marbled Beef Contact-Nels Pearson Location-Blue Creek South of Billings Blue Creek Marbled beef are developing a state inspected meat processing plant South of Billings they are under construction and expect it to be a 2-3 million dollar project. Beartooth FADC assisted this business in 69 Page 25 applying for the Value Added ARPA grant for construction and equipment costs. The business receive the ARPA funding for $300,000.00. Their new plant is located next to their feedlot, which they are now expanding as well to include more pens for finishing beef, we plan to continue to assist them with any grants that will assist them with this project, they hope to be ready to open for business this summer. Blue Creek Marbled Meats hosted the Department of Ag Staff and the Governor on a tour of their new facility in April. Yellowstone Valley Farm Contact-Reuben Stahl Location-Laurel Reuben Stahl has a family greenhouse business growing basil and selling to FSA and Sysco, he would like to add another greenhouse to keep up with increased demand this last year Carbon County Meats- Contact-Sabina Giovetti Location-Belfry Sabina and Shane Giovetti have built a custom exempt meat processing plant in Belfry, MT and opened this Fall, they have been busy but have a need to expand already especially their cooler space, Beartooth FADC took a tour of their facility in Belfry, discussed potential funding sources and worked with them on their plans to expand their business, we arranged tours of two area meat plants to look at their process and layout. 70 Page 26 Prime Meats of MT Contact-Lamont Herman- Location- St Xavier Big Horn County Lamont Herman has a cattle ranch and is looking to add profit by finishing some beef having then processed and packaged and then selling directly to consumers and restaurants. He began direct selling over a year ago and the demand has grown he is now looking for increased cooler space to store his processed products before they are delivered and other delivery equipment. Beartooth FADC assisted this business in the development of an application for the ARPA funding through the Department of Agriculture. Their application was not approved however they have developed a retail location in Hardin to sell their be ef products. Primative Meats Contact- Kelsey Grice Location- Worden, MT Kelsey Grice and her husband are looking for funding assistance through the GTA grant to help them with construction costs and equipment for their start up meat processing business. This Business also applied for an ARPA Value Added Ag Grant, Beartooth FADC put the business in contact with a local engineering firm to discuss the plans for their plant. Their application was approved for $150,000.00, Beartooth FADC has been in contact with the owners they are very busy this summer and may wait for the cost of construction to come down before starting the project. Basin Inc Contact- Judy Edwards Location – Big Timber, MT The Hagerman family raises natural grass fed beef in Sweet Grass County and is developing a fresh beef business that will add value to their beef production business. These products will be marketed as grass- fed locally grown beef. Beartooth FADC is assisted this business with a successful USDA Value Added Producer Grant application to help them expand their business to increase the number of animals processed and sold in an effort to meet increased demand for local beef. Beartooth FADC assisted them with developing a GTA application. Beartooth FADC will Follow up with this business. Yellowstone Valley Food Hub Contact- Michelle Schahczenski Location-Billings, MT 71 Page 27 The Yellowstone Valley Food Hub is looking to expand their business and add space for aggregating locally produced foods. Beartooth FADC assisted them with applying for a Growth Through Ag Grant that was approved for $20,000.00 to expand. Beartooth FADC has reached out to follow up with this business and determine any further needs; they are still working with the department of Ag on their GTA pro ject and have needed to change their initial project scope. The Department of Agriculture toured their facility in April an Beartooth FADC has worked with them on a USDA LFPP grant that would help fund add staff and expand their wholesale sales and deliveries. 406 Bovine LLC Contact- Bryan Elliott Location-Laurel, MT 406 Bovine LLC has worked with Beartooth staff and is nearing the commercialization and launch of his Ag Tech product. Bryan Elliott has developed a facial recognition software that can be used on computer and iphones to track livestock. He has produced a youtube video outlining his product that can be viewed via this link. https://youtu.be/kTwkhUj9leA Beartooth will continue to assist this business as needed. Beartooth FADC followed up with 406 Bovine to give them the updates on the status of state and federal funding sources. Bryan had been granted investments from two entities that have developed funds specifically for supporting new technologies such as facial recognition. He does have interest from a large Agricultural business in investing in the business he is trying to raise 3- 5M in order to fully launch and commercialize the product. Beartooth FADC also provided information on the USDA guaranteed loan programs that they would be eligible for and did research on any food security programs available. Bryan has been touring feedlots in Southern Texas Oklahoma and Kansas testing his app Beartooth FADC will be conducting follow up visits with this business this summer. 72 Page 28 Stillwater Packing Co/ Emmett’s Meats Contact- Jason Emmett Location- Columbus, MT Stillwater Packing has been working through an increase in business due to the supply chain bottlenecks shifting some buyer interest to smaller plants like theirs. Beartooth FADC staff has visited the business to discuss upcoming funding opportunities. We have visited about potential future funding needs, the difficulties they are having with their incinerator and workforce, they are having a difficult time finding workers. Beartooth has posted their job openings on our Facebook Page. Stillwater Packing was helpful in providing a tour of their facility to Carbon County meats owners and discussing their process, equipment and layout. Pioneer Meats Contact- Brian Engle Location- Big Timber, MT Pioneer Meats purchased another meat processing location in Big Timber that will allow them to process wild meat at one location while expanding their beef, pork, bison and lamb processing at their main facility. Beartooth FADC staff will continue to work with Pioneer to utilize any new funding opportunities in completing their expansion; they received $50,000 from the Growth Through Ag grant and $150,000 from the ARPA grant for its expansion of their new location. They were also helpful in hosting a tour of their facility with the Montana Meat Processors Association attended by the owners of Carbon County Meats. Becky’s Berries- Absarokee, MT Contact- Becky Stahl Location-Absarokee Becky has purchased a new commercial freezer needed to keep up with increased demand for her products she said her business has been very busy this summer and fall. She has also recently was able to secure a contract with western sugar to get bulk sugar for her operation increasing her efficiency and profitability with a local product. Beartooth FADC has been working with Becky on a long range expansion plan, and she is expanding her business to include a line of freeze dried berries. 73 Page 29 Beartooth FADC initiated contact with the following businesses Kathy Bauer- Roberts North 40 Ag- Huntley Justine Kougl- Huntley Brett Clause- Columbus Mac Dean- Red Lodge Doggie Style Gourmet Treats- Billings, MT Jessica Jane Hart Swift Buckets- Billings, MT Agrika Foods- Billings, MT Carbon County Watershed- Joliet, MT Courtney Long- Red Lodge, MT NuFood- Beartooth Region J and S Farms- Huntley, MT Wilcoxins Ice Cream Swanky Roots Big Timber Meat Plant Dan Snyder Beartooth FADC Outreach Blue Creek Marbled Meats 74 Page 30 Wilcoxins Ice Cream Swanky Roots 75 Page 31 Economic Development Director Report for July 2022 7/21/2022 Economic Development/ CRDC o EDA CARES Act – ended in June 2022 Deb Brown- watch parties and Bozeman Trail Big Sky EDA- ERRT Cushing Terrell-regional housing study is complete; hard copies will be distributed to stakeholders o BSTF Pea Cannery – possible tour with Sofia for Red Lodge board meeting Stillwater County Industrial/Business Park Feasibility Study – KLJ held a kickoff meeting; project continuing forward despite recent challenges. Possible two new clients for BSTF projects: Babcock & Miles and laundromat in Hardin o ARPA & DOC program updates – MEDA; tourism reliant businesses impacted by recent flood in Stillwater & Carbon County are eligible for some grant funds o USDA RCDI Grant – Tina Toyne is new EDD for Big Horn County o CEDS- will be available for public comment August 1; must be submitted September 30th o All reporting is complete for July: BSTF 2nd Qt Reports, USDA 2nd QT Report, CRDC 2nd Qt Report, MT Community Foundation report on 2 grants for COVID; next reporting period will be October o Helping Hands Food Bank in Hardin- kickoff call is complete with EPA and DEQ; it determined the need for a Phase II assessment and cleanup o Annual CRDC meeting- upcoming 76 Page 32 Frequently Used Acronyms BEAR – Business Expansion and Retention BIA – Bureau of Indian Affairs BLM – Bureau of Land Management BRCD – Beartooth RC&D BSEDA – Big Sky Economic Development Association BSTF – Big Sky Trust Fund CDBG – Community Development Block Grant CRDC – Certified Regional Development Corporation CEDS – Comprehensive Economic Development Strategy CTEP – Community Transportation Endowment Program EDA – Economic Development Administration EDD – Economic Development District ESRI – Environmental Systems Research Institute, Inc. GIS – Geographic Information Systems GPS – Global Positioning System HOME – Montana Home Investment Partnerships Program HUD – US Department of Housing and Urban Development IRP – Intermediary Relending Program LESA – Land Evaluation Site Assessment MBI – Montana Board of Investments MDOC – Montana Department of Commerce MDOL – Montana Dept. of Labor MDOT – Montana Dept. of Transportation MDFWP – Montana Dept. of Fish, Wildlife and Parks MEDA – Montana Economic Developers Association NADO – National Association of Development Organizations NCOC – National Carbon Offset Coalition NHS – Neighborhood Housing Services NRCS – Natural Resource Conservation Service RBEG – Rural Business Enterprise Grant RBOG – Rural Business Opportunity Grant RC&D – Resource Conservation & Development Area, Inc. RCDI – Rural Community Development Initiative RD – Rural Development (a division of USDA) RCPP- Regional Conservation Partnership Program RLF – Revolving Loan Fund RTA – Resource Team Assessment SBA – Small Business Administration SBDC – Small business Development Center TIFD – Tax Increment Finance District TSEP - Treasure State Endowment Program USDA – United States Department of Agriculture USFS – United States Forest Service 77 File Attachments for Item: 6. Budget/Finance Committee Minutes of June 28, 2022. 78 79 80 File Attachments for Item: 7. Budget/Finance Committee Minutes of July 12, 2022. 81 82 83 File Attachments for Item: 8. Emergency Services Committee Minutes of June 27, 2022. 84 85 86 File Attachments for Item: 9. Park Board Minutes of July 14, 2022. 87 88 File Attachments for Item: 10. Public Works Committee Minutes of June 20, 2022. 89 90 91 92 93 94 95 96 File Attachments for Item: 11. Appointment of Richard Klose to Park Board for the remainder of a four-year term ending December 31, 2024. 97 98 File Attachments for Item: 14. Resolution No. R22-37: A Resolution Of The City Council Authorizing The Mayor To Execute A Revised Memorandum Of Understanding By And Between The City Of Laurel And The City Of Laurel Library Board Of Trustees 99 R22-37 Approve Revised Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees RESOLUTION NO. R22-37 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A REVISED MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LAUREL AND THE CITY OF LAUREL LIBRARY BOARD OF TRUSTEES BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Background. The City Council previously approved a Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees. After consultation between the Civil City Attorney, the Library Board of Trustees, and the City’s insurance provider (“the MMIA”), the parties have made revisions to the original Memorandum of Understanding. A revised Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees is attached hereto and fully incorporated herein. Section 2: Approval. The revised Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees, a copy attached hereto and incorporated herein, is hereby approved. Section 3: Execution. The Mayor is hereby given authority to execute the revised Memorandum of Understanding on behalf of the City. Introduced at a regular meeting of the City Council on the 26th day of July, 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 26th day of July, 2022. APPROVED by the Mayor the 26th day of July, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 100 R22-37 Approve Revised Memorandum of Understanding by and between the City of Laurel and the City of Laurel Library Board of Trustees APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 101 SERVICE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAUREL AND THE CITY OF LAUREL LIBRARY BOARD OF TRUSTEES This Service Agreement and Memorandum of Understanding (“Agreement”) is entered into this ___ day of July, 2022 between the City of Laurel, Montana, a municipal corporation of the State of Montana (hereinafter “the City”), through its Mayor, and the City of Laurel Library Board of Trustees (hereinafter “the Library Board” or “the Library”), together referred to hereafter as “the parties”. RECITALS WHEREAS, the City has established a free public library, the City of Laurel Public Library (“Library”) for the use of the citizens under regulations as prescribed by the Library Board, subject to approval of the City (LMC 2.80.010 et al; § 22-1-309, MCA); WHEREAS, the Library Board has exclusive control of the expenditure of the public library funds subject to a budget approved by the City as well as other duties and authority set for and governed by (§ 22-1-309, MCA and § 22-1-310, MCA); WHEREAS, to address the ability of the City to provide general liability, workers’ compensation, and health insurance coverage for the Library, and to make clear the rights and obligations by and between the City and the Library Board, the parties desire to create this Memorandum of Understanding regarding the City and the Library’s respective rights and obligations, specifically as they relate to personnel management, such as to ensure that they are clearly-defined and understood. UNDERSTANDING OF THE PARTIES NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties agree as follows: 1. PURPOSE: The purpose of this Agreement is to provide stability and a framework of the roles, responsibilities and relationships of the City and Library Board as it relates to the efficient operation and management of the Library for the benefit of the community. 2. TERM: This Agreement shall commence for the fiscal year beginning July 1, 2022 and shall continue through and include June 30, 2023. The Agreement will automatically renew for each subsequent fiscal year unless one party provides written notice to the other at least ninety (90) days prior to the end of the term, of its intention to not renew the same. 3. OBLIGATIONS OF THE CITY: 3.A. Insurance Coverage: The City agrees to provide general liability, property, workers’ compensation, and health insurance coverage for the Library and Library employees. 102 3.B. Personnel Costs: The City agrees to cover all costs of general liability, property, workers’ compensation, and health insurance coverage for the Library and Library employees. 3.C. Payroll and Accounting: The City agrees to handle the payroll and accounting for the Library. 4. OBLIGATIONS OF THE LIBRARY BOARD: 4.A. Annual Budget: The Library Board will prepare an annual budget for approval by the City in accordance with state law (§ 22-1-309(6), MCA). 4.B. Public Entity and Open Meeting Laws: The Library Board agrees to comply with all laws pertaining to public entities including open meetings. 5. ADDITIONAL OBLIGATIONS 5.A. The City agrees to provide property coverage for the Library building, and the City agrees to provide property coverage for the contents of the library. 6. OPERATION OF THE LIBRARY: 6.A. Library Board Authority: The Library Board shall have the authority to determine the policy for the operation and care of the Library; prepare budgets; authorize expenditures; determine the selection of materials; and negotiate contracts and agreements as set forth in § 22-1-309, MCA. The Library Board further agrees to provide the City with timely notice of all policy modifications or changes, including providing any written documentation which accompanies and/or supports such modifications or changes. 6.B. Execution of Contracts/Agreements: Per MCA 22-1-309 (3), the Library Board may contract for Library services. The Mayor has the right to consult with the Library Board about any contracts and agreements for the Library. 6.C. Personnel Management: Pursuant to § 22-1-310, MCA, the Library Board oversees employees at the Library. In recognition of Library employees also being City employees, the Library Board agrees to the following: 6.C.1 Employee Status and Policy: Library employees are employees of the City. The parties acknowledge and understand that as employees of the City, all applicable City policies shall apply, including but not limited to, the City personnel policies. The Library must notify the City of any change in status of any/all Library employees. This notification must be completed in a timely manner so that required timelines/deadlines can be met for completion of forms and notification of appropriate agencies. 6.C.2. Appointment and Hiring. The Library Board shall have the authority and 103 responsibility for hiring, appointment, termination, and disciplinary proceedings of the Library Director and, in coordination with the Library Director, Library employees. The Library Board and Library Director shall follow City personnel policies and procedures for hiring and appointment and shall seek the guidance of the Civil City Attorney in ensuring that the hiring process is legal and follows City protocol. 6.C.2.a. Administrative Status and Supervision of Library Director and Employees. The Library Director shall have the administrative status of a City Department Head and shall report to and be supervised by the Library Board. The Library Director will attend Department Head meetings and will communicate regularly with the Mayor. The Library Board has the authority and responsibility for evaluating the performance of the Library Director. The Library Director will supervise any Library employees and is responsible for Library employees’ performance evaluations. The Library Board and Library Director shall follow City policy and procedures for supervision, handling grievances, discipline and/or termination. The Library Director and/or Library Board agrees to confer with the Civil City Attorney and the Mayor during a grievance or termination process. The City may contact the Civil City Attorney and/or the City’s coverage provider for guidance and will report back to the Library Director and/or Library Board on appropriate action. The Library Director and Library Board agree to follow the recommendations of the Civil City Attorney and/or the City’s coverage provider. If there is a disagreement about the handling of a personnel management issue, the City, Library Board, and Library Director agree to follow the recommendations of the Civil City Attorney and/or the City’s coverage provider. All parties agree to act in good faith and in the best interests of the Library and citizens of the City in resolving any disagreements. 6.C.2.b. Execution of Library Operation and Policies. The Library Director shall manage the operations of the Library and be responsible to the Library Board for the execution of the Library Board’s policies. The Library Director and employees agree to follow the payroll and accounting procedures of the City. 6.C.2.c. Salary. The Library Board will fix Library employee salary and any annual adjustments within the approved budget. The Library Board will work with the City to determine a salary structure. 6.D. Building. The Library building is owned by the City. The Library Board sets policy and works with the Library Director and staff on the use of the space. The Library Board agrees to confer with the Mayor when any major changes or building fixes are planned. 7. MODIFICATIONS: Any modifications sought to be made to this Agreement shall be agreed to by both parties and will be memorialized in writing, signed by both parties. 104 8. NOTICE: Any notice required or permitted under this Agreement shall be deemed sufficiently given or serviced if sent by mail or hand delivered to: City of Laurel Attn: City Mayor PO Box 10 Laurel, MT 59044 City of Laurel Library Board Attn: Laurel Library Board PO Box 10 Laurel, MT 59044 Either party may, by written notice at any time during the term of this Agreement, designate a different address to which notices hereunder shall subsequently be sent. Written notice hereunder shall be deemed to have been given as of the time the same is deposited in the United States mail. 9. TIME OF ESSENCE: Time shall be of the essence of this Agreement and all the terms, covenants and conditions hereof shall be performed at or before the times herein set forth. Any forbearance on the part of either party in the enforcement of the terms and conditions of this Agreement shall in no way be construed as a waiver of default thereof or waiver of the obligatory effect of such provision. 10. CONSTRUCTION AND BINDING EFFECT: This Agreement shall be construed under the laws of the State of Montana and shall be binding upon and inure to the benefit of the respective parties, their heirs, executors, successors and assigns. 11. SEVERABILITY: If any term of this Agreement should hereafter be declared or becomes void or unenforceable by judicial decree or operation of law, all other terms of this Agreement shall continue to be effective unless the void or unenforceable terms materially defeats the manifest intent and purpose of this agreement. 12. BINDING: This Agreement shall be binding upon the successors and assigns of the parties hereto. 105 IN WITNESS WHEREOF, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this Agreement, and the parties hereto approve and execute this Agreement. CITY OF LAUREL ____________________________ Dave Waggoner, City Mayor * APPROVED AS TO FORM: ___________________________ Michele L. Braukmann, Civil City Attorney * The City Attorney has provided advice and approval of the foregoing document language on behalf of the City of Laurel, and not on behalf of other parties or entities. Review and approval of this document by the City Attorney was conducted solely from a legal perspective and for the exclusive benefit of the City of Laurel. Other parties should not rely on this approval and should seek review and approval by their own respective counsel. LAUREL LIBRARY BOARD OF TRUSTEES ___________________________ Arthur Vogele, Chair 106 File Attachments for Item: 15. Resolution No. R22-38: Resolution Approving The Final Plat Of Cherry Hills Subdivision 3rd Filing, An Addition To The City Of Laurel, Montana 107 R22-38 Approve Final Plat for Cherry Hills Subdivision 3rd Filing, an Addition to the City of Laurel RESOLUTION NO. R22-38 RESOLUTION APPROVING THE FINAL PLAT OF CHERRY HILLS SUBDIVISION 3RD FILING, AN ADDITION TO THE CITY OF LAUREL, MONTANA WHEREAS, the developer of Cherry Hills Subdivision 3rd Filing (known in previous Filings as Cherry Hill Subdivision) (hereinafter referred to as “Cherry Hills Subdivision”) has requested approval of the Final Plat of Cherry Hills Subdivision 3rd Filing, an Addition to the City of Laurel; and WHEREAS, the Laurel-Yellowstone City-County Planning Board, as required by the City of Laurel’s Subdivision Regulations for subdivision and annexation review, conducted a duly advertised public hearing on the 18th day of August, 2021, in which no opposition was heard; WHEREAS, the Preliminary Plat of Cherry Hills Subdivision 3rd Filing, an Addition to the City of Laurel, was recommended for approval subject to sixteen conditions, as contained in the Staff Report, by the Laurel-Yellowstone City-County Planning Board on the 25th day of August, 2021; and WHEREAS, the City Council of the City of Laurel approved the recommendations of the Laurel-Yellowstone City-County Planning Board on the 14th day of September, 2021, subject to the aforementioned certain conditions; and WHEREAS, the developer of Cherry Hills Subdivision 3rd Filing, an Addition to the City of Laurel, has complied with the conditions set forth for such approval by the City Council to the satisfaction of the City Council; and WHEREAS, it is in the best interest of the City of Laurel and sound community growth that this subdivision be approved. THEREFORE, the City Council of Laurel hereby approves the adoption of Staff Report FP-22-01 as Findings of Fact and approves the Final Plat of Cherry Hills Subdivision 3rd Filing, an Addition to the City of Laurel. Introduced at a regular meeting of the City Council on the 26th day of July 2022 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 26th day of July 2022. APPROVED by the Mayor on the 26th day of July 2022. 108 R22-38 Approve Final Plat for Cherry Hills Subdivision 3rd Filing, an Addition to the City of Laurel CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 109 STAFF REPORT FP-22-01 CHERRY HILLS 3RD FILING JULY 8, 2022 Cherry Hills 3rd Filing is a 28-lot residential subdivision of 9.37 acres on the north-west side of Laurel between Cherry Hills Drive and West Maryland Lane. Owner: Agent: Western Holdings LLC Morrison-Maierle Engineering PO Box 51330 Martin Gagnon PE Billings MT 59105 2880 Technology BLVD Bozeman MT 59771 Property Description: The project is in the N½ Section 8, Township 02 North, Range 24 East, P.M.M., Yellowstone County, Montana, COS 3034. Property Size: The total area involved in the subdivision is 9.37 acres. Zoning District: The subject property is zoned by the City of Laurel R-7500. Compliance with Conditions of Approval: Condition #1: Preliminary Plat shall be updated with the comments noted in the Sufficiency letter dated July 8, 2021, prior to recording. Status: The condition is met. Comments: The final plat submitted for final approval is consistent with the preliminary plat with the only modifications being in response to the conditions of approval. Condition #2: Subdivision Improvement Agreement shall be updated with the notes from the Sufficiency letter dated July 8, 2021. Status: The condition is met. Comments: The Final Plat and supporting documents is consistent with the preliminary plat the only modifications being in response to these conditions of approval. Condition #3: The Preliminary plat and supporting water and wastewater design will be approved by the Montana Department of Environmental Quality (MDEQ). Status: The condition is met. 110 Comments: The subdivision has been approved for main extensions by MDEQ. Condition #4: The Preliminary Plat, Subdivision Improvements Agreement, and City Council Resolution granting approval shall be filed with the Yellowstone County Clerk and Recorder within 90-days of preliminary plat approval. Status: The condition is met. Comments: The required documents have been recorded with the County of Yellowstone. Condition #5: The Roadways and Right-of-Ways shall be constructed to the specifications presented the plat plan and supporting documentation. Status: The condition is met. Comments: The required roads and rights-of-way are platted and the construction is covered by a performance bond to guarantee their completion. Condition #6: This Preliminary Approval shall be valid for 3 calendar years. Status: The condition is met. Comments: The final plat has been presented for consideration and filing well in advance of the experiation of the preliminary plat approval timeline. Condition #7: Hydrant flow tests must be approved by the City and its contracted engineer. Status: The condition is met. Comments: The hydrant flow tests have been approved by the City and contracted engineer. Condition #8: Verification must be provided to the City for the water modeling noted by the engineer in the field. Status: The condition is met. Comments: The required verification has been submitted. Condition #9: Water model exhibits must be provided to and approved by the City showing the system characteristics and modeled properties compared to measured properties. Status: The condition is met. Comments: The required exhibits have been supplied to the city. 111 Condition #10: Wastewater/Sewer analysis must be provided to and approved by the City. Status: The condition is met. Comments: The wastewater/sewer analysis has been provided to and approved by the city. Condition #11: A map of pre-development stormwater conditions including the boundary, routing, and calculations must be provided to and approved by the City. Status: The condition is met. Comments: The required map have been supplied to and approved by the city. Condition #12: Water quality storm volumes and calculation sheets shall be provided to the City. Status: The condition is met. Comments: The storm water volumes and calculations have been provided to the city. Condition #13: Confirmation is provided that the developer is willing to take on the liability of the recommendations of the Geotechnical Report dated 2006. Status: The condition is met. Comments: The developer has supplied a revised geotechnical report and in accordance with the Laurel Subdivision Regulations placed a disclaimer on the final plat putting future lot owners on notices of the limitations on construction. Condition #14: The conditions of the Geotechnical report shall be followed during the construction of the public infrastructure. Status: The condition is met. Comments: The public infrastructure has been certified by the project engineer as meeting the requirements of the geotechnical report. Further, the developer has proposed a one (1) year warranty for the work. It is suggested that the warranty period be extended for an additional year post completion. Condition #15: A weed Management Plan shall be prepared for the project and approved by the Yellowstone County Weed District. Status: The condition is met. Comments: A weed management plan has been approved by the Yellowstone County Weed District for the subdivision. In addition to the 15 conditions, the Subdivision and Platting Act contains several provisions that must be satisfied as a prerequisite to final plat filing, including: 112 1. Park dedication requirement. The developer and the City have agreed to cash-0in-lieu of parkland in the amount of Ten Thousand Dollars ($10,000). A check in this amount has been presented to the city to comply with this requirement. 2. Certificate of title abstracter. State Subdivision Law requires that a certificate of a title abstracter, less than 30 -days old, showing the names of the owners of record and any lien holders. The Title Report lists Western Holdings Company LLC. as the fee simple owner and there are not any liens on the property. The Plat is signed by an officer of the Incorporation. 3. County Treasurer Certification. A proper certification for the County Treasurer to execute prior to recordation of the Plat has been provided on the final plat. 4. Conformity with Subdivision Regulations. The final plat is consistent with the preliminary plat approved by the City Council. The only modifications are to comply with conditions of approval imposed by the Council and the balance of the final plat application and supporting materials appear to be consistent with the Laurel – Yellowstone Subdivision Regulations as well as the Uniform Standards for Final Subdivision Plats. 5.Performance Bonding The final plat is accompanied by a Letter of Credit and an Engineers Opinion of Probable Costs to complete the necessary public improvements. The sum of the outstanding work is $1,025,642.60 and the subdivision bond is in the amount of $1,28,803.25 which is 125% of the outstanding work as required by the Laurel – Yellowstone Subdivision Regulations. CONCLUSION: Based upon the final plat application and the additional documentation submitted as a part thereof, it is recommended that the City Council APPROVE the final plat application for the Cherry Hills 3rd Filing in the N½ Section 8, Township 02 North, Range 24 East, P.M.M., Yellowstone County, Montana, COS 3034 SUGGESTED FORM OF MOTION: I move the adoption of Staff Report FP-22-01 as findings of fact and that the Final Plat for Cherry Hills 3rd Filing Subdivision be APPROVED. 113 114 115 June 29, 2022 City Planner City of Laurel PO Box 10 115 West First Street Laurel, MT 59044-0010 Re: Cherry Hills Subdivision – 3rd Filing Estimate of Probable Construction Costs Attached please find our estimate of probable construction costs for the Cherry Hills Subdivision – 3rd Filing. If you have any questions or comments about the project, please feel free to contact me at (406) 922-6735 or mgagnon@m-m.net. Thank you. Sincerely, ______________________________ Martin E. Gagnon, P.E. Senior Land Development Engineer cc: MMI File 6683.001 116 Biditem Description Units Quantity Unit Price Total 101 Mobilization LS 1 $19,883.82 $19,883.82 102 SWPPP Install & Removal LS 1 $3,485.11 $3,485.11 Subtotal $23,368.93 201 6" Water Main LF 120 $26.46 $3,175.20 202 8" Water Main LF 1470 $36.77 $54,051.90 203 8"x8" Tee EA 2 $727.59 $1,455.18 204 8"x6" Tee EA 3 $672.29 $2,016.87 205 8"x12" Tee EA 1 $979.06 $979.06 206 8" Bends EA 6 $430.81 $2,584.86 207 8" Gate Valves EA 12 $1,986.98 $23,843.76 208 12" Gate Valve EA 1 $3,902.54 $3,902.54 209 8" Endcap w/2" Blow Off EA 1 $1,301.92 $1,301.92 210 Connect Existing Water Main EA 3 $1,273.86 $3,821.58 211 Water Service Connections EA 27 $635.74 $17,164.98 212 Reconnect Existing Water Service EA 1 $974.05 $974.05 213 6" Fire Hydrant EA 3 $6,008.10 $18,024.30 214 Utility Crossing EA 6 $1,281.30 $7,687.80 215 Abondon or Remove Curb Stop and Service EA 3 $385.58 $1,156.74 216 Trench Plugs EA 11 $6,002.35 $66,025.85 Subtotal $208,166.59 301 8" Sewer Main LF 1286 $24.66 $31,712.76 302 48" Sewer Manhole EA 10 $3,695.73 $36,957.30 303 Sewer Service Connections EA 27 $725.02 $19,575.54 304 Connect Existing Sewer Main Manhole EA 2 $1,473.63 $2,947.26 305 Remove Existing Sewer Line LF 120 $8.24 $988.80 306 Abandon Existing Sewer Line LF 80 $8.22 $657.60 307 Remove Sewer Manhole EA 1 $494.32 $494.32 Subtotal $93,333.58 Cherry Hills Subdivision 3rd Filing Construction Cost Estimate General Water Improvements Sewer Improvements 117 Biditem Description Units Quantity Unit Price Bid Total 401 12" PVC Storm Sewer LF 1103 $27.28 $30,089.84 402 15" PVC Storm Sewer LF 184 $35.67 $6,563.28 403 18" PVC Storm Sewer LF 83 $51.49 $4,273.67 404 30" PVC Storm Sewer LF 485 $95.55 $46,341.75 405 30" Storm Sewer Cap EA 1 $1,540.45 $1,540.45 406 36"x24" Storm Sewer Inlet EA 8 $2,965.63 $23,725.04 407 48" Storm Sewer Comb. MH/Inlet EA 14 $3,022.48 $42,314.72 408 72" Storm Sewer Manhole EA 2 $4,836.48 $9,672.96 409 72" Storm Sewer Comb. MH/Inlet EA 2 $5,602.25 $11,204.50 410 72" Wet Well with Pump EA 1 $24,187.32 $24,187.32 411 4" Storm Sewer Perf. Pipe LF 760 $9.69 $7,364.40 412 4" Storm Sewer Discharge Pipe LF 685 $15.30 $10,480.50 413 6" Storm Sewer Drainage Pipe to Wet Well LF 90 $21.28 $1,915.20 414 12" Dry Utility Conduits with End Caps LF 1395 $29.60 $41,292.00 415 Pond Grading CY 2450 $4.05 $9,922.50 416 Infiltration Bed Rock, Fabric, Final Grading TON 240 $54.26 $13,022.40 417 French Drain With Fabric (6x6x6)TON 12 $82.06 $984.72 418 Splash Pad with Curb (12x6) (1' Curb)CY 4 $484.33 $1,937.32 Subtotal $286,832.57 501 Tree Removal EA 5 $636.32 $3,181.60 502 Clear, Grub, Debris Removal and Stockpile CY 810 $2.06 $1,668.60 503 Topsoil Stripping and Stockpiling CY 3243 $3.03 $9,826.29 504 Fence Removal LF 1450 $1.77 $2,566.50 505 Roadway Cut-In Excavation CY 4725 $4.05 $19,136.25 506 Temp Culdesac Cut-In Excavation CY 313 $4.05 $1,267.65 507 Roadways 12" Sub-Base Course TON 4922 $12.73 $62,657.06 508 Roadways 6" Base Course TON 3939 $9.27 $36,514.53 509 Temp Culdesac Aggregate TON 587 $27.41 $16,089.67 510 Valley Gutter LF 630 $27.33 $17,217.90 511 Curb and Gutter LF 3584 $27.33 $97,950.72 512 Asphalt Paving SF 68950 $1.76 $121,352.00 513 Signs and Posts EA 4 $459.29 $1,837.16 514 Sidewalk SF 1500 $14.45 $21,675.00 Subtotal $412,940.93 Total Construction Estimate $1,024,642.60 Total Bonding Requirement (125%) $1,280,803.25 Storm Drainage Improvements Street Improvements 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 LOT 3 0.23 acs. LOT 1 0.23 acs.LOT 2 0.24 acs. LOT 5 0.23 acs. LOT 4 0.23 acs.LOT 6 0.23 acs. LOT 2 0.21 acs. LOT 3 0.21 acs. LOT 4 0.21 acs. LOT 1 0.25 acs. LOT 7 0.22 acs. LOT 1 0.20 acs. LOT 4 0.19 acs. LOT 6 0.18 acs. LOT 3 0.21 acs. LOT 8 0.20 acs. LOT 2 0.23 acs. LOT 9 0.21 acs. LOT 4 0.22 acs. LOT 5 0.21 acs. LOT 3 0.32 acs. 0.55 acs. LOT 2 0.21 acs. LOT 3 0.20 acs. LOT 1 0.22 acs. N87°29'24"W 97.75' 12 5 . 9 7 ' 87.96' L1 5 N88°50'06"W 96.18' 98 . 0 1 ' L1 2 C2 9 C2 8 L1 6 N88°54'47"W 95.23' 98 . 3 2 ' L1 9 C27C26 10 0 . 0 0 ' S0 ° 3 4 ' 3 7 " W 12 0 . 6 4 ' 81.00' 11 4 . 5 2 ' C25 C24 C23 S0 ° 3 4 ' 3 7 " W 11 9 . 5 5 ' 75.00' C22 C21 S0 ° 3 0 ' 5 1 " W 11 1 . 4 4 ' S89°26'56"E 115.11' S0 ° 3 4 ' 3 7 " W 10 4 . 8 3 ' 224.88' C20 S4 ° 0 8 ' 0 9 " W 95 . 6 2 ' C19 L1 8 S84°37'00"E 97.42' S7 ° 5 7 ' 4 0 " W 94 . 0 8 ' L1 7 C1 8 S82°02'20" E 109.80' C1 7 L1 3 S82°43'46"E 78.46' S7 ° 1 6 ' 1 4 " W 84 . 2 0 ' 78.99' S7 ° 2 8 ' 1 3 " W 10 0 . 7 9 ' L1 4 79.45' S7 ° 4 2 ' 5 0 " W 97 . 3 0 ' 82.93' L7 C1 6 L6 N82°02'20" W 104.18' L5 L4 C1 5 N84°37'00"W 94.58' C1 4 L1 C13 C12 S89°23'53"E 134.19' 66 . 9 0 ' N89°26'56"W 135.61' L2 L3 C1 L8 S77°25 ' 4 4 " E 123.75' 58 . 4 6 ' L9 S82°37'56"E 170.81' 90.00' L1 0 C2 S86°18'11"E 129.27' C3 L1 1 1 3 2 . 3 9 ' C11 N4 ° 4 8 ' 1 9 " E 13 0 . 8 3 ' 63.14'25.12' C10 56.30' N7 ° 3 6 ' 3 1 " E 12 4 . 5 9 ' 50.31' 83.00' 83.08' N7 ° 3 6 ' 3 1 " E 12 0 . 9 6 ' 85.00' 85.08' N7 ° 3 6 ' 3 1 " E 11 7 . 2 5 ' N7 ° 3 6 ' 3 1 " E 11 3 . 3 2 ' 90.00' 90.09' 90.12' 10 9 . 3 8 ' 90.00' LOT 1 0.19 acs. LOT 2 0.22 acs. 8 1 . 7 2 ' C5 7 4 . 9 0 ' LOT 5 0.18 acs. L20 L21 N82°03'09" W 76.65' 75.12' 6 7 . 8 8 ' B E T T Y A V E CHER R Y H I L L S D R MARYLAND LN DA V I S C I R NW MARYLAND LN C H E R R Y H I L L S SU B D I V I S I O N 2N D F I L I N G ℄ R200' ℄ R280.00' ℄ R465' ℄ R975' ℄ R925' ℄ R800' COS 1262 C O S 2 1 7 1 PA R C E L 1 C T R 1 C 2N D A M N D EXISTING 80' EASEMENT N73° 1 4 ' 3 5 " W 364. 8 5 ' N83°58'40"W 168.33'S75°47'2 9 " W 119.32' S50 ° 3 1 ' 4 5 " W 90.6 8 ' S40 ° 4 2 ' 2 7 " W 178 . 8 9 ' S36 ° 5 1 ' 3 7 " W 151 . 5 6 ' S2 8 ° 0 6 ' 3 8 " W 35 0 . 8 4 ' S2 1 ° 5 9 ' 0 4 " W 25 3 . 7 0 ' S89°30'02"E 1325.80' PARCEL CURVE DATA SEGMENT C1 C2 C3 C5 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 LENGTH 52.50 22.59 39.86 93.81 48.40 48.40 60.01 25.38 85.57 28.99 69.50 8.42 62.60 50.36 58.14 86.89 87.58 110.14 18.75 56.70 75.04 45.82 35.43 76.20 19.66 77.74 76.51 RADIUS 170.00 310.00 310.00 495.00 859.99 859.99 840.00 435.00 435.00 840.00 860.00 230.00 230.00 250.00 945.00 945.00 840.00 942.36 940.00 760.00 760.00 760.00 2713.61 2837.29 840.00 1005.00 1005.00 DELTA 017°41'34.6" 004°10'30.7" 007°22'02.2" 010°51'31.4" 003°13'29.6" 003°13'29.6" 004°05'36.3" 003°20'33.8" 011°16'15.6" 001°58'38.0" 004°37'48.1" 002°05'52.7" 015°35'41.9" 011°32'32.9" 003°31'30.1" 005°16'06.2" 005°58'25.0" 006°41'47.3" 001°08'34.5" 004°16'27.5" 005°39'25.2" 003°27'15.1" 000°44'53.4" 001°32'19.7" 001°20'28.4" 004°25'54.3" 004°21'41.9" PARCEL LINE DATA SEGMENT L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 LENGTH 89.29 67.04 22.33 28.12 86.06 3.75 40.48 10.91 67.88 39.14 38.25 19.35 24.77 104.70 113.15 20.46 12.40 99.24 91.18 33.19 45.76 DIRECTION S01°48'24.8"W N01°48'24.8"E N01°48'24.8"E S19°29'59.4"W S19°29'59.4"W S19°29'59.4"W S07°57'26.5"W N19°29'59.4"E N19°29'59.4"E N19°29'59.4"E N07°57'26.5"E S07°13'32.5"W N07°13'32.5"E N07°13'32.5"E S07°13'32.5"W S01°34'03.7"E N01°34'03.7"W N01°34'03.7"W S01°34'03.7"E N82°43'46.4"W N82°10'30.9"W CHERRY HILLS SUBDIVISION - 3RD FILING OWNER WESTERN HOLDINGS, LLC PO BOX 51330 BILLINGS, MT 59105 ZONING CITY OF LAUREL RESIDENTIAL - 7500 PURPOSE TO CREATE A SUBDIVISION FOR RESIDENTIAL USE FINALPLAT PLSS CORNER POSITION ESTABLISHED FROM FOUND MONUMENTS AND PRIOR PLATS OF RECORD ENGINEER:MORRISON-MAIERLE INC. SURVEYOR:MORRISON-MAIERLE INC. PROPOSED SUBDIVISION BOUNDARY VICINITY MAP NOT TO SCALE PROJECT AREA ROAD LENGTH SUMMARY TOTAL LENGTH: 1,989.15 LF CHERRY HILLS DR: MARYLAND LN: STREET ROCHELLE LN: STREET HEATHER DR: 529.41 LF 562.88 LF 435.09 LF 461.77 LF SITE DATA PROPOSED LOTS = 28 MIN. LOT AREA = 7,809 MAX. LOT AREA = 23,834 EXISTING ZONING = RESIDENTIAL PROPOSED ZONING = RESIDENTIAL 7500 EXISTING LAND USE = AGRICULTURAL PROPOSED LAND USE = RESIDENTIAL 7500 EXISTING BOUNDARY OF COS 3034 TEMPORARY PUBLIC ACCESS EASEMENT TEMPORARY PUBLIC ACCESS EASEMENT REMAINDER OF COS 3034 AREA = 18.07 ACRES UTILITY LOT 1 10' PUE ALONG LOT/ROW FRONTAGES (TYP.) 60' ROW SUBDIVIDER WESTERN HOLDINGS, LLC PO BOX 51330 BILLINGS, MT 59105 AN ADDITION TO THE CITY OF LAUREL ©COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/07/2022 PLOTTED BY: martin e. gagnon DRAWING NAME: N:\6683\001\ACAD\Concept\Final Plat\6683.001_CherryHills-3rdFiling-FPlat.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 22WESTERN HOLDINGS, LLC YELLOWSTONE 6683.001 1" = 80' 07/2021 MMG LRH MMI 24E 2S 8 NE NW MONTANA PRINCIPAL MERIDIAN, MONTANA Billings Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. BASIS OF BEARINGS AREA SUMMARY TOTAL AREA: 9.37 ACRES LOT AREAS: OPEN SPACE & PARKLAND: PROPOSED RIGHTS-OF-WAY: 6.45 ACRES 0.00 ACRES 2.92 ACRES LEGEND Found rebar, 5/8 in. diam. Found Yellow Plastic Cap POINT OF BEGINNING TRACT 1 OF CERTIFICATE OF SURVEY No. 3034, SITUATED IN THE NORTH ONE HALF OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 24 EAST, PRINCIPAL MERIDIAN, YELLOWSTONE COUNTY, MONTANA. BL O C K 4 BLO C K 3 BL O C K 2 BLO C K 5 BLO C K 1 Set rebar, 5/8 in. diam. with 2" aluminum cap marked 13108 LS BIG D I T C H BIG D I T C H HE A T H E R D R SE C T I O N L I N E RO C H E L L E L N CHERR Y H I L L S D R MARYLAND LNR50.0' R50.0' 10' PUE ALONG LOT/ROW FRONTAGES (TYP.), AND 10' STORM DRAIN EASEMENT ALONG LOT /ROW TO TO STORM DRAIN EASEMENT NORTH. 20' STORM DRAIN EASEMENT ALONG LOT/ROW. 20' 144 CHERRY HILLS SUBDIVISION - 3RD FILING OWNER WESTERN HOLDINGS, LLC PO BOX 51330 BILLINGS, MT 59105 ZONING CITY OF LAUREL RESIDENTIAL - 7500 PURPOSE TO CREATE A SUBDIVISION FOR RESIDENTIAL USE FINAL PLAT PLSS CORNER POSITION ESTABLISHED FROM FOUND MONUMENTS AND PRIOR PLATS OF RECORD ENGINEER:MORRISON-MAIERLE INC. SURVEYOR:MORRISON-MAIERLE INC. VICINITY MAP NOT TO SCALE PROJECT AREA ROAD LENGTH SUMMARY TOTAL LENGTH: 1,989.15 LF CHERRY HILLS DR: MARYLAND LN: STREET ROCHELLE LN: STREET HEATHER DR: 529.41 LF 562.88 LF 435.09 LF 461.77 LF SITE DATA PROPOSED LOTS = 28 MIN. LOT AREA = 7,809 MAX. LOT AREA = 23,834 EXISTING ZONING = RESIDENTIAL PROPOSED ZONING = RESIDENTIAL 7500 EXISTING LAND USE = AGRICULTURAL PROPOSED LAND USE = RESIDENTIAL 7500 SUBDIVIDER WESTERN HOLDINGS, LLC PO BOX 51330 BILLINGS, MT 59105 ©COPYRIGHT MORRISON-MAIERLE, INC.,2022 PLOTTED DATE: Jun/07/2022 PLOTTED BY: martin e. gagnon DRAWING NAME: N:\6683\001\ACAD\Concept\Final Plat\6683.001_CherryHills-3rdFiling-FPlat.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 21WESTERN HOLDINGS, LLC YELLOWSTONE 6683.001 1" = 80' 07/2021 MMG LRH MMI 24E 2S 8 NE NW MONTANA PRINCIPAL MERIDIAN, MONTANA BASIS OF BEARINGS AREA SUMMARY TOTAL AREA: 9.37 ACRES LOT AREAS: OPEN SPACE & PARKLAND: PROPOSED RIGHTS-OF-WAY: 6.45 ACRES 0.00 ACRES 2.92 ACRES LEGEND Found rebar, 5/8 in. diam. Found Yellow Plastic Cap TRACT 1 OF CERTIFICATE OF SURVEY No. 3034, SITUATED IN THE NORTH ONE HALF OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 24 EAST, PRINCIPAL MERIDIAN, YELLOWSTONE COUNTY, MONTANA. SUBDIVISION IMPROVEMENTS AGREEMENT (CHERRY HILLS-3rd FILING) THIS AGREEMENT IS MADE AND ENTERED INTO THIS DAY OF , 2022 , BY AND BETWEEN (WESTERN HOLDINGS LLC), WHOSE ADDRESS FOR THE PURPOSE OF THIS AGREEMENT IS PO BOX 51330, BILLINGS HEREINAFTER REFERRED TO AS “SUBDIVIDER,” AND THE CITY OF LAUREL MONTANA, HEREINAFTER REFERRED TO AS “CITY.” Billings Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. CERTIFICATE OF DEDICATION We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: The Cherry Hills Subdivision- 3RD Filing, situated in Tract 1 of Certificate of Survey No. 3034, situated in the North One Half of Section 8, Township 2 South, Range 24 East, Principal Meridian, Yellowstone County, Montana. The subject property is more particularly described as follows: Beginning at the Southeast Corner of Tract 1 of Certificate of Survey No. 3034, also being a point on the north Boundary line of Certificate of Survey No.1262 and, the True Point of Beginning; thence along said north boundary line N89°29'06"W a distance of 516.00 feet; thence leaving said north boundary line of certificate of survey No.1262 N0°34'37"E a distance of 114.52 feet; thence S86°09'47"W a distance of 43.32 feet; thence N3°07'19"W a distance of 80.01 feet; thence N1°12'26"W a distance of 100.00 feet; thence N0°21'48"W for a distance of 98.32 feet; thence N4°29'09"E a distance of 98.01 feet; thence N11°34'54"E a distance of 125.97 feet; thence S79°53'27"E a distance of 39.20 feet; thence N10°06'33"E a distance of 60.00 feet; thence N7°37'45"E a distance of 109.38 feet to a point on the north boundary line of certificate of survey No.3034; thence along said north boundary line S82°23'29"E a distance of 398.31 feet; thence S89°51'42"E a distance of 88.26 feet to a point on the west boundary of Cherry Hills Subdivision 2ND Filing; thence leaving said north boundary line and along the west boundary of Cherry Hills Subdivision 2ND Filing S4°54'10"E a distance of 132.39 feet; thence S19°57'10"W a distance of 64.88 feet; thence S15°53'12"E a distance of 224.50 feet; thence S87°37'00"W a distance of 90.00 feet; thence S0°35'58"W a distance of 125.36 feet; thence S89°26'56"E a distance of 27.95 feet; thence S0°35'13"W a distance of 184.80 feet to the Point of Beginning. The area of the tract described is 9.37 acres, more or less. The above-described tract of land is to be known and designated as “The Cherry Hills Subdivision- 3RD Filing”, City of Laurel, Yellowstone County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Laurel for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, Internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. CERTIFICATE OF CITY COUNCIL APPROVAL STATE OF MONTANA ) : ss County of Yellowstone ) I, Mayor of the City of Laurel, do hereby certify that we have examined the Plat of The Cherry Hills Subdivision- 3RD Filing, and find that said plat has been duly reviewed, and has been found to conform to the requirements of the MSPA, Section 76-3-101, et. seq., MCA, and the City of Laurel Subdivision Regulations. DATED THIS day of , 2022. Mayor, City of Laurel Attest: City Clerk CERTIFICATE OF APPROVAL BY CITY ENGINEERS OFFICE: I hereby certify that I have examined the annexed and forgoing Plat OF CHERRY HILLS SUBDIVISION-3RD FILING, for errors and omissions in computations and drafting and find that said plat conforms with the requirements of the laws of the State of Montana, and that said plat conforms to the adjoining additions and plats of the City of Laurel already platted as nearly as circumstances will permit. I further certify that the annexed and foregoing plat conforms with Section 76-4-125(2)(d), M.C.A., for the removal of sanitary restrictions since the lots will be provided with municipal facilities for the supply of water and the disposal of sewage and solid waste. IN WITNESS WHEREOF, I have executed this CERTIFICATE OF APPROVAL this_________ day of , 2022. City Engineers Office Dated this _________________________ day of _________________________, 2022. ______________________________________, _____________________________________ Gerald A. & Ardis M Neumann. State of _________________________ County of _________________________ This instrument was acknowledged before me on _________________________ by __________________________________________________ (Signature of Notarial Officer) __________________________________________________ Notary's name - typed, stamped or printed Notary Public for the State of _________________________ Residing at _________________________ My commission expires: _______________________ The Cherry Hills Subdivision- 3RD Filing, Yellowstone County, Montana, is within the City of Laurel, Montana, a second class municipality, and within the planning area of the Laurel which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section MCA 76-4-125, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2022. _________________________________________________________ Director of Public Works City of Laurel, Montana CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW I the undersigned, Kyle I. Thompson, Montana Professional Land Surveyor License No. 13108LS, do hereby certify that between ________________ and _________________, I surveyed The Cherry Hills Subdivision- 3RD Filing, and drew the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625); and the Laurel Municipal Code. Along with said subdivision, description of boundaries and dimensions being accordance with the Certificate of Dedication and as shown on the Plat; that the monuments found and set are of the character and occupy the positions shown thereon and that the gross area is 18.07 acres (787129.20 sq. ft.) and the net area is 9.37 acres (787129.20 sq. ft.). Dated this___________day of_________________, 2022. ________________________________________________________ Kyle I. Thompson, PLS, MT Reg. #13108LS Morrison-Maierle, Inc. CERTIFICATE OF SURVEYOR I, Treasurer of Yellowstone County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 2022. ________________________________________ Treasurer Yellowstone County, Montana I, Clerk and Recorder of Yellowstone County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2022, and recorded in Book ______ of Plats on page __________, Records of the Clerk and Recorder, Yellowstone County, Montana. Dated this __________ day of ____________________, 2022. ________________________________________ Clerk and Recorder Yellowstone County, Montana CERTIFICATE OF COUNTY TREASURER CERTIFICATE OF CLERK AND RECORDER Finding dedication of parkland within the platted area of The Cherry Hills Subdivision- 3RD Filing would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Laurel, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of $ 10,000.00 dollars, be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Laurel Municipal Code Dated this___________day of_________________, 2022. ________________________________________________________ City of Laurel Director of Parks and Recreation CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION CERTIFICATE OF LAUREL CITY ATTORNEY This document has been reviewed by the Laurel City Attorney's office and is acceptable as to form. By: _______________________________ Dated This______ day of _________, 2022. NOTICE OF LAUREL PLANNING BOARD APPROVAL STATE OF MONTANA ) : ss County of Yellowstone ) This plat has been approved for filing by the Laurel City/County Planning Board and conforms to the recommendations of this board. _______________________________________________ Planning Director Dated This day of , 2022. Subscribed and sworn to before me, a Notary Public in and for the State of Montana, this ____ day of ____________________, 2022 __________________________________________________ (Signature of Notarial Officer) __________________________________________________ Notary's name - typed, stamped or printed Notary Public for the State of Montana Residing at Bozeman, Montana My commission expires: _______________________ ANNEXATION RESOLUTION DOCUMENT No._______________________ SUBDIVISION IMPROVEMENT AGREEMENT DOCUMENT No._______________________ Dated this _________________________ day of _________________________, 2022. ______________________________________ Western Holdings L.L.C. Referred to as "Subdivider" State of _________________________ County of _________________________ This instrument was acknowledged before me on _________________________ by . __________________________________________________ (Signature of Notarial Officer) __________________________________________________ Notary's name - typed, stamped or printed Notary Public for the State of _________________________ Residing at _________________________ My commission expires: _______________________ Set rebar, 5/8 in. diam. with 2" aluminum cap marked 13108 LS 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 File Attachments for Item: 16. Ordinance No. O22-01: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The Adoption And Enforcement Of Building, Energy Conservation, And Swimming Pool And Spa Codes For The City Of Laurel As Required By The State Of Montana 179 Ordinance No. 021-01 Title 14, Building Code, Energy Code, and Swimming Pool/Spa Code Amendments ORDINANCE NO. 022-01 AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 14 OF THE LAUREL MUNICIPAL CODE RELATING TO THE ADOPTION AND ENFORCEMENT OF BUILDING, ENERGY CONSERVATION, AND SWIMMING POOL AND SPA CODES FOR THE CITY OF LAUREL AS REQUIRED BY THE STATE OF MONTANA WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to a ddress situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the existing Title 14 as noted herein and hereby recommends the same to the City Council for their full approval. Chapter 14.12 INTERNATIONAL BUILDING CODE, 202118 EDITION 14.12.010 Adoption. A. The Ccity of Laurel hereby adopts by reference, pursuant to MCA Section 50-60-301 (1)(a), the International Building Code, 202118 Edition, as provided by the Administrative Rules of Montana (ARM) 24.301.131 (1) through (3) with Appendix Chapter C (Group U- Agricultural Buildings) and modified through ARM 24.301.146 (1) through (44), and as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. B. One full printed copy of the Ccode shall be available in the offices of the Ccity Planning Department. C. The International Building Code 2021 Edition is made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Building Code" of the City. (Ord. 05-15 (part), 2005) (Admin. Order AO-15-01 § 1, 2-24-2015; Ord. No. O20-01, 1-28-2020) Chapter 14.16 INTERNATIONAL RESIDENTIAL BUILDING CODE, 2018 EDITION 14.16.010 Adoption. Formatted: List Paragraph, Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 180 Ordinance No. 021-01 Title 14, Building Code, Energy Code, and Swimming Pool/Spa Code Amendments A. The City of Laurel hereby adopts by reference pursuant to MCA Section 50-60-301 (1)(a), MCA the International Residential Code, 2018 Edition, as modified by the Administrative Rules of Montana (ARM) 24.301.154 (1) through (24) with Appendix Q Tiny Houses, as permitted by ARM 24.301.154 (2) (a), and as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. B. One full printed copy of the Ccode shall be available in the offices of the Ccity Planning Department. C. The International Residential Building Code 2018 Edition is made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Residential Building Code" of the City. (Ord. 05-15 (part), 2005) (Admin. Order AO15-01,§ 2, 2-24-2015; Ord. No. O20-01, 1-28-2020) Chapter 14.18 INTERNATIONAL EXISTING BUILDING CODE, 202118 EDITION 14.18.010 Adoption. A. The City of Laurel hereby adopts by reference, pursuant to MCA Section 50-60-301 (1)(a), the International Existing Building Code, 202118 Edition, as provided by the Administrative Rules of Montana (ARM) 24.301.171 (1) through (4), and as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. B. One full printed copy of the Ccode shall be available in the offices of the Ccity Planning Department. C. The International Existing Building Code 2021 Edition is made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Existing Building Code" of the City. (Ord. 05-15 (part), 2005) (Admin. Order AO15-01, § 3, 2-24-2015; Ord. No. O20-01, 1-28-2020) Formatted: List Paragraph, Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 181 Ordinance No. 021-01 Title 14, Building Code, Energy Code, and Swimming Pool/Spa Code Amendments Chapter 14.22 INTERNATIONAL ENERGY CONSERVATION CODE, 202118 EDITION 14.22.010 Adoption. A. The International Energy Conservation Code, 202118 Edition, is adopted by and declared to be the Eenergy Cconservation Ccode of the Ccity, for the purpose of providing minimum requirements for the design of new buildings and structures and additions to existing buildings, regulating their exterior envelopes and selection of their heating, ventilating, air conditioning, service water heating, electrical distribution and illuminating systems, and equipment for effective use of energy. B. One full printed copy of the Ccode shall be available in the offices of the Ccity Planning Department. C. The International Energy Conservation 202118 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "Energy Conservation Code" of the Ccity. (Ord. 07-04, 2007) (Admin. Order, § 5, 2-24-2015) Chapter 14.23 INTERNATIONAL SWIMMING POOL AND SPA CODE, 202118 EDITION 14.23.010 Adoption. A. The Ccity of Laurel hereby adopts by reference, pursuant to MCA Section 50-60-301 (1)(a), MCA and Administrative Rules of Montana (ARM) 24.301.175 (2), the Swimming Pool and Spa Code, 202118 Edition, as modified by the Administrative Rules of Montana (ARM) 24.301.175 (1) through (6), and as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. B. One full printed copy of the Code shall be available in the offices of the City Planning Department. C. The International Swimming Pool and Spa Code 2021 Edition is made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Swimming Pool and Spa Code" of the City. Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5", First line: 0" Formatted: Left, Indent: Left: 0.5", Right: 0", No bullets or numbering 182 Ordinance No. 021-01 Title 14, Building Code, Energy Code, and Swimming Pool/Spa Code Amendments (Ord. No. O20-01, 1-28-2020) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on the 26th day of July 2022, upon Motion by Council Member _____________________. PASSED and ADOPTED by the Laurel City Council on second reading on the _____ day of ______________, 2022, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the _____ day of ______________, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 183 File Attachments for Item: 17. Ordinance No. O22-02: An Ordinance Amending Section 1.28.040 Of The Laurel Municipal Code Relating To Technical Codes For The City Of Laurel 184 Ordinance No. 021-02 LMC § 1.28.040 (Technical Codes) Amendments ORDINANCE NO. 022-02 AN ORDINANCE AMENDING SECTION 1.28.040 OF THE LAUREL MUNICIPAL CODE RELATING TO TECHNICAL CODES FOR THE CITY OF LAUREL WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to address situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the existing LMC § 1.28.040 as noted herein and hereby recommends the same to the City Council for their full approval. Chapter 1.28.040 – Technical Ccodes. A. The governing body of the Ccity may adopt technical building, zoning, health, electrical, fire and plumbing codes in whole or in part by reference. At least thirty (30) days prior to final action by the City Ccouncil, notice of intent to adopt a technical code in whole or in part by reference shall be published in a newspaper of general circulation in the Ccity and three copies a copy of the code, or part to be adopted, shall be filed with the Ccity Cclerk-Ttreasurer and the City Planning Department for inspection by the public. B. If a technical code, or part of a code, is adopted by reference, a record in the ordinance book may be made by recording the ordinance without setting forth the provisions of the code, or part of a code, adopted. B.C. Any amendment adopted or requested by the Montana Department of Labor and Industry, Building Codes Bureau, which applies to local government jurisdictions including the adoption of the latest editions of the model technical codes to include, but not be limited to, building, plumbing, electrical and mechanical codes, or any applicable Montana Administrative Rules (ARM) modifying the aforementioned building codes may be adopted by administrative order, signed by the Mayor, and shall become effective sixty (60) days after the order is signed. (Ord. 02-3, 2002; Ord. 97-2 § 4 (part), 1997; prior code § 1.14.040) Formatted: Left, Indent: Left: 0.5", Right: 0", No bullets or numbering 185 Ordinance No. 021-02 LMC § 1.28.040 (Technical Codes) Amendments This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on the 26th day of July 2022, upon Motion by Council Member _____________________. PASSED and ADOPTED by the Laurel City Council on second reading on the _____ day of ______________, 2022, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the _____ day of ______________, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 186