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Home My WebLink AboutCity Council Packet 08.09.2022 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, AUGUST 09, 2022 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R22-39 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 26, 2022. Correspondence 2. Police Department Monthly Report - July 2022 3. Ambulance Monthly Report - April 2022/May 2022 Council Disclosure of Ex Parte Communications Public Hearing 4. Public Hearing: Resolution Of Annexation And Zoning For Approximately One Acre Of Property Adjacent To The City Of Laurel, As An Addition To The City Of Laurel, Yellowstone County, Montana, With Concurrent Approval Of Initial Zoning Designation. 5. Public Hearing: 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 6. Public Hearing: An Ordinance Amending Section 1.28.040 Of The Laurel Municipal Code Relating To Technical Codes For The City Of Laurel Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 7. Claims entered through August 5, 2022. 8. Approval of Payroll Register for PPE 7/24/2022 totaling $166,233.35. 1 9. Council Workshop Minutes of May 3, 2022. 10. Council Workshop Minutes May 17, 2022. Ceremonial Calendar Reports of Boards and Commissions 11. Budget/Finance Committee Minutes of July 26, 2022. 12. City/County Planning Board Minutes of June 15, 2022. 13. Library Board Minutes of May 10, 2022. 14. Library Board Minutes of June 14, 2022. 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 15. Appointment of Justin Harris and to the Laurel Volunteer Fire Department. 16. Appointment of Richard Herr to the City County Planning Board for the remainder of a two - year term ending June 30, 2023. 17. Motion to allow Council Member Wheeler to be absent from the City of Laurel for more than ten days. (LMC 2.12.060) 18. Resolution No. R22-39: A Resolution Of The City Council Authorizing The Mayor To Execute The Construction And Maintenance Agreement For South 4th Street Public Roadway By And Between The City Of Laurel And Montana Rail Link, Inc. 19. Resolution R22-40: Resolution Of Annexation And Zoning For Approximately One Acre Of Property Adjacent To The City Of Laurel, As An Addition To The City Of Laurel, Yellowstone County, Montana, With Concurrent Approval Of Initial Zoning Designation. 20. Resolution No. R22-41: A Resolution Of The City Council Authorizing The Mayor To Enter Into Professional Services With Prothman Related To Employment Sourcing For A City Of Laurel Planner 21. Resolution No. R22-42: Resolution Approving The Final Plat Of Cherry Hill Subdivision 3rd Filing, An Addition To The City Of Laurel, Montana 22. 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 23. 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 citize ns to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment 2 The City makes reasonable accommodations for any known disability that may in terfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 3 File Attachments for Item: 1. Approval of Minutes of July 26, 2022. 4 5 6 7 8 File Attachments for Item: 2. Police Department Monthly Report - July 2022 9 Page 1 of 5 Total Calls Printed on July 31, 2022 [CFS Date/Time] is between '2022-07-01 00:00:00' and '2022-07-31 23:59:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 20 20 : Agency Assist 94 94 : Alarm - Burglary 16 16 : Alarm - Fire 1 1 AMB : Ambulance 117 117 : Animal Complaint 10 10 : Area Check 8 8 : Assault 4 4 : Bad Checks 0 0 : Barking Dog 1 1 : Bomb Threat 0 0 : Burglary 0 0 : Child Abuse/Neglect 1 1 : Civil Complaint 11 11 : Counterfeiting 0 0 : Criminal Mischief 9 9 10 Page 2 of 5 Code : Description Totals : Criminal Trespass 5 5 : Cruelty to Animals 15 15 : Curfew Violation 6 6 : Discharge Firearm 1 1 : Disorderly Conduct 6 6 : Dog at Large 31 31 : Dog Bite 3 3 DUI : DUI Driver 9 9 : Duplicate Call 6 6 : Escape 0 0 : Family Disturbance 13 13 : Fight 3 3 FIRE : Fire or Smoke 24 24 : Fireworks 11 11 : Forgery 0 0 : Found Property 8 8 : Fraud 2 2 : Harassment 10 10 : Hit & Run 6 6 : Identity Theft 2 2 : Indecent Exposure 0 0 11 Page 3 of 5 Code : Description Totals : Insecure Premises 0 0 : Intoxicated Pedestrian 4 4 : Kidnapping 0 0 : Littering 1 1 : Loitering 6 6 : Lost or Stray Animal 17 17 : Lost Property 3 3 : Mental Health 2 2 : Missing Person 3 3 : Noise Complaint 4 4 : Open Container 0 0 : Order of Protection Violation 2 2 : Parking Complaint 28 28 : Possession of Alcohol 0 0 : Possession of Drugs 1 1 : Possession of Tobacco 1 1 : Privacy in Communications 0 0 : Prowler 0 0 : Public Assist 59 59 : Public Safety Complaint 6 6 : Public Works Call 11 11 12 Page 4 of 5 Code : Description Totals : Report Not Needed 11 11 : Robbery 0 0 : Runaway Juvenile 2 2 : Sexual Assault 7 7 : Suicide 0 0 : Suicide - Attempt 0 0 : Suicide - Threat 5 5 : Suspicious Activity 86 86 : Suspicious Person 29 29 : Theft 27 27 : Threats 6 6 : Tow Call 0 0 : Traffic Accident 12 12 : Traffic Hazard 2 2 : Traffic Incident 11 11 : TRO Violation 1 1 : Truancy 0 0 T/S : Traffic Stop 132 132 : Unattended Death 0 0 : Unknown - Converted 0 0 : Unlawful Transactions w/Minors 0 0 13 Page 5 of 5 Code : Description Totals : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 2 2 : Warrant 4 4 : Welfare Check 20 20 Totals 958 958 14 File Attachments for Item: 3. Ambulance Monthly Report - April 2022/May 2022 15 Laurel Emergency Services Report created 6/27/22: 2020 1090 requests for service 159 times LEMS was unavailable 72 times AMR was unavailable 288 responses in Ward 5 = 27% of calls outside of the city of Laurel 2021 1228 requests for service 135 times LEMS was unavailable 34 times AMR was unavailable 318 responses in Ward 5 = 26% of calls outside of the city of Laurel Recent Month Summary: April 2022: **1 times the QRU responded and the patient refused / no transport to hospital or no patient found and 0 times the QRU paramedic rode in with AMR BLS unit to transport *15 responses in Ward 5 = 17 % of calls outside of the city of Laurel Requests 90 Missed Calls 14=16 % Shortest Delay 6 minutes Longest Delay 64 minutes Average Delay 24 minutes Fire Driver Available 12 times City Driver Available 1 time QRU Response With 1 Provider 8 times ** On A Previous Call 0 times No Crew / Provider Available 3 times AMR Transported or Responded 7 times Red Lodge Transported 0 times HELP Flight Transported 0 times Columbus Transported 0 times Joliet Transported 0 time Park City Transported 0 time PD Assisted Pt no transport 1 time FD Assisted Pt no transport 1 time POV Transport 5 times YCSO Transported 0 times MHP Transported 0 times 16 May 2022: **0 times the QRU responded and the patient refused / no transport to hospital or no patient found and 0 times the QRU paramedic rode in with AMR BLS unit to transport *30 responses in Ward 5 = 31 % of calls outside of the city of Laurel Requests 97 Missed Calls 10 = 10 % Shortest Delay 13 minutes Longest Delay 80 minutes Average Delay 32 minutes Fire Driver Available 18 times City Driver Available 3 times QRU Response With 1 Provider 7 times ** On A Previous Call 1 time No Crew / Provider Available 2 times AMR Transported or Responded 5 times Red Lodge Transported 0 times HELP Flight Transported 0 times Columbus Transported 1 time Joliet Transported 0 time Park City Transported 0 time PD Assisted Pt no transport 0 time FD Assisted Pt no transport 0 time POV Transport 4 times YCSO Transported 0 times MHP Transported 0 times 17 2022 Running Totals January February March April May June July August September October November December Total 2021 Requests 100 84 91 90 97 Missed Calls 11 10 9 14 10 Shortest Delay (minutes) 12 9 2 6 13 Longest Delay (minutes) 69 63 31 64 80 Average Delay (minutes) 31 33 20 24 32 Fire Driver Available 22 27 28 12 18 QRU Response w 1 Provider 6 5 4 8 7 On A Previous Call 3 0 1 0 1 No Crew / Provider Available 2 5 5 3 2 AMR Transported or Responded 5 6 5 7 5 Columbus Transported 1 1 0 0 1 Joliet Transported 0 0 0 0 0 Park City Transported 0 1 0 0 0 Red Lodge Transported 0 0 0 0 0 HELP Flight Transported 0 0 0 0 0 POV Transport 5 0 2 5 4 PD Assisted Pt no transport 0 1 0 1 0 FD Assisted Pt no transport 0 0 1 1 0 YCSO Transported 0 0 0 0 0 MHP Transported 0 0 0 0 0 QRU/AMR Refusal or No Patient 0 1 1 1 0 Responses in Ward 5 30 25 21 15 30 Other Reporting Information: - Crew sleeping quarters construction is nearing completion, painting and doors are all that’s left. We will most likely be changing to an 8am to 8am shift, the staff is extremely excited. - We have been busy training our new volunteers. One has successfully completed the precepting process and is cut loose to work on his own. We did start another new volunteer medic and are waiting on background check for one more that is also a volunteer firefighter. - We have received approval to try the Seasonal EMT Driver program. We got started a little late in the season with this, but do have a few applicants we are working on getting interviewed and then once approved by the Mayor and City Council we will work with Chief Langve to see if we can do a bit of a modified back ground check and get them started. - We have one full time applicant that we offered a paramedic position to. Her background check ha s just been completed. Unfortunately she just contacted me today and stated that she has been heavily pursued by AMR and they are making her an offer that she cannot refuse. She has now declined the full time p osition but would like to consider working for us as a volunteer. - We have received an application for the second open full time position and will be conducting interviews this week and will keep everyone posted, but we do know her and have a feeling she will do well in the interview. - We are gearing up for the 4th and I believe have a good number of staff that will be here to help out. 18 File Attachments for Item: 9. Council Workshop Minutes of May 3, 2022. 19 20 21 22 23 24 File Attachments for Item: 10. Council Workshop Minutes May 17, 2022. 25 26 27 File Attachments for Item: 11. Budget/Finance Committee Minutes of July 26, 2022. 28 29 30 File Attachments for Item: 12. City/County Planning Board Minutes of June 15, 2022. 31 32 33 34 35 36 37 38 39 40 41 File Attachments for Item: 13. Library Board Minutes of May 10, 2022. 42 1 MINUTES CITY OF LAUREL Library Board 05/10/2022 06:00 PM Laurel Public Library COMMITTEE MEMBERS PRESENT: X Katie Fjelstad – via Zoom X Arthur Vogele, Board Chair X Kate Manley Samantha Barnhart X Nancy Schmidt, Secretary X Lela Schlitz X Clair Killebrew – Foundation Liaison OTHERS PRESENT: None 1. Public Input Citizens may address the committee regarding any item of city business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. a. Addressing the Board - None 2. General Items a. Minutes for April 2022 were read. Kate motioned that we adopt the minutes as read, Lela seconded the motion. Motion passed. b. The Laurel Women in Business made a donation in the amount of $20.The Tuesday Evening Book Club made a memorial donation of $150 in memory of Sandi Aisenbrey. c. Circulation Report - Traffic: up 10.6%; circulation: all items circulated totaled 3,769 (including 571 eBooks), book circulation was down 0.03%, media circulation was up 47.4%, eBook checkouts for this month was 17.2% of total book circulation, we circulated 794 items to partners and 188 items from other libraries; computers: internet use was up 6.9%, children’s use was up 80%, wi-fi use up 31.3%; patron cards: city patrons make up 65% of registered users, county 29.2% and out of county users make up 2.1%. There were 47 tech assists in April. 3. New Business a. It is once again to plan the budget for the next fiscal year. Nancy will work on getting the numbers together so that the budget can be discussed at the next board meeting. Any input would be welcome about the library needs and wants. 4. Old Business a. The spring book sale is looking to be our most successful sale to date. We have made over $3,000 so fare. The final amount will be available at the next board meeting. We are hoping 43 2 that by the time the fall sale comes around we can use a product called DipJar for donations that are given by credit/debit card. b. Nancy will be attending the Director’s Leadership Institute in Great Falls May 16 th – 19th. The training starts Monday at 10 am and finishes on Thursday at 1pm. Lodging and meals will be provided by the Montana State Library at the Ursaline Center in Great Falls. c. A Memorandum of Understanding has been drawn up for the library and the City Council to standardize the working relationship between the two entities. Once the Council adopts the resolution for the MOU and the Board members sign the agreement, it will become official. 5. Other Items a. Again, Nancy and Eli will be taking vacation time in early June for family vacations to Minnesota. They will both be gone June 2nd through June 7th or 8th. b. MLA Tri-Conference in Missoula, expect to carpool using the City vehicle unless it is being used by someone else. c. A couple patrons have complained about the condition of the chairs in the library. The quick and less expensive solution is to use some chair covers on them. If this looks pretty good, it will save a few hundred in reupholstery costs. 6. Announcements a. Next regular meeting is Tuesday, June 14, 2022 at 6:00pm in the Community Room of the Laurel Public Library. b. Kate motioned the meeting be adjourned at 6:36 pm, Lela seconded the motion. Meeting adjourned. Respectfully submitted, Nancy L Schmidt Nancy L Schmidt Library Director Secretary for the Board NOTE: This meeting is open to the public. This meeting is for i nformation and discussion of listed agenda items. 44 File Attachments for Item: 14. Library Board Minutes of June 14, 2022. 45 1 MINUTES CITY OF LAUREL Library Board 06/14/2022 06:00 PM Laurel Public Library Meeting Canceled - Covid Illness COMMITTEE MEMBERS PRESENT: Katie Fjelstad – via Zoom Arthur Vogele, Board Chair Kate Manley Samantha Barnhart Nancy Schmidt, Secretary Lela Schlitz Clair Killebrew – Foundation Liaison OTHERS PRESENT: None 1. Public Input Citizens may address the committee regarding any item of city business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. a. Addressing the Board - None 2. General Items a. Circulation Report - Traffic: up 4%; circulation: all items circulated totaled 3,968 (including 520 eBooks), book circulation was up 12.8%, media circulation was up 7.5%, eBook checkouts for this month was 14.3% of total book circulation, we circulated 941 items to partners and 145 items from other libraries; computers: internet use was up 3%, children’s use even with last year, wi-fi use up 51%; patron cards: city patrons make up 60.1% of registered users, county 31.6% and out of county users make up 8.3%. There were 44 tech assists in May. 3. New Business a. 4. Old Business a. 5. Other Items a. 6. Announcements 46 2 a. Respectfully submitted, Nancy L Schmidt Nancy L Schmidt Library Director Secretary for the Board NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 47 File Attachments for Item: 15. Appointment of Justin Harris and to the Laurel Volunteer Fire Department. 48 49 File Attachments for Item: 16. Appointment of Richard Herr to the City County Planning Board for the remainder of a two- year term ending June 30, 2023. 50 51 File Attachments for Item: 18. Resolution No. R22-39: A Resolution Of The City Council Authorizing The Mayor To Execute The Construction And Maintenance Agreement For South 4th Street Public Roadway By And Between The City Of Laurel And Montana Rail Link, Inc. 52 R22-39 Approve the Construction and Maintenance Agreement for South 4th Street RESOLUTION NO. R22-39 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SOUTH 4TH STREET PUBLIC ROADWAY BY AND BETWEEN THE CITY OF LAUREL AND MONTANA RAIL LINK, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Construction and Maintenance Agreement for South 4th Street Public Roadway in the City of Laurel, Yellowstone County, Montana, by and between the City of Laurel and Montana Rail Link, Inc. (hereinafter “the Construction and Maintenance Agreement for South 4th Street”), a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Construction and Maintenance Agreement for South 4th Street on behalf of the City. Introduced at a regular meeting of the City Council on the 9th day of August 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 9th day of August 2022. APPROVED by the Mayor the 9th day of August 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 53 Page 1 of 11 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SOUTH 4TH STREET PUBLIC ROADWAY IN THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA RAILROAD 1ST SUBDIVISION RAILROAD MILEPOST 0.50 DOT# 104001W AGREEMENT, made this _____ day of ____________________, 2022 (the “Effective Date”), between the CITY OF LAUREL, a Municipal Corporation of the State of Montana, hereinafter referred to as "CITY", and MONTANA RAIL LINK, INC., a Montana Corporation, hereinafter referred to as "RAILROAD": WITNESSETH: WHEREAS, RAILROAD has entered into a long-term lease with the Burlington Northern Railroad Company, a successor in interest to the Northern Pacific Railway Company, now known as the BNSF Railway Company (“BNSF”), to operate a railway company and maintain railroad tracks and infrastructure on the said RAILROAD right of way; WHEREAS, a public roadway easement was granted by the Northern Pacific Railway Company on July 26, 1961, to the State of Montana across the RAILROAD’s right of way for the public roadway now known as South 4th Street, and said easement is found in the Records of Yellowstone County at Book 780 Deeds, Page 209; WHEREAS, CITY, RAILROAD, and the Montana Department of Transportation (“MDT”) have entered into those certain agreements dated April 26, 1999, and November 4, 2002, for construction, operation and maintenance of grade crossing signals at the grade crossing DOT# 104001W at South 4th Street; WHEREAS, CITY desires additional public improvements to South 4th Street, and the RAILROAD is amenable to these improvements as shown on the map attached and marked as Exhibit “A”; WHEREAS, the parties desire that all future South 4th Street construction, reconstruction, and maintenance projects on RAILROAD’s right of way be built in accordance with plans and specifications to be prepared by CITY and approved by RAILROAD; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the contemplated roadway improvements; WHEREAS, the CITY will own and maintain the roadway and related appurtenances, including trails, sidewalks, drainage features, crossing signals, and traffic signals; WHEREAS, the parties agree the RAILROAD will continue operating and maintaining its tracks and appurtenances along with maintaining grade crossing warning devices by agreement(s) and by the Administrative Rules of Montana; 54 Page 2 of 11 NOW, THEREFORE, in consideration of the premises herein contained, the parties agree: I CITY or its Contractor will construct, or cause to be constructed, improvements to Griffin Drive in compliance with plans developed by CITY or its engineers and approved by the RAILROAD and approved as necessary under CITY’s said agreement with MDT (within its urban route). Nothing herein shall be construed or deemed to be a ratification or an adoption by the RAILROAD of any construction plans and specifications as its own. CITY will gain RAILROAD’s agreement for material changes to the project plans affecting the RAILROAD’s right of way occurring after this agreement is signed The CITY will present the attached Exhibit "C", Contractor Requirements for Work on the Right of Way of the RAILROAD, to its contractors for any maintenance or reconstruction work on the roadway or appurtenances thereto. The CITY 's contractor will comply with all aspects of this attachment. There will be no equipment, manpower or work on the right of way of the RAILROAD prior to approval by the RAILROAD. The CITY’s contractor(s) will telephone the RAILROAD's Communication Network Control Center at (800) 338 - 4750 (a 24-hour number), and Utilities Underground Location Center (800) 424-5555, to determine if underground utilities or communication facilities are buried anywhere in the area. Should it become necessary for the RAILROAD to obtain the services of a consultant engineer or a contractor after this agreement is completed, and due to any exigency o f the RAILROAD and the project, the CITY and the RAILROAD will mutually agree, in writing, as to the area of need and the RAILROAD's selection of a consultant or contractor. II CITY and the RAILROAD will perform various items of work as follows: PART A WORK TO BE PERFORMED BY CITY (OR ITS CONTRACTOR) AT CITY EXPENSE: 1. Except as herein provided, furnish all plans, engineering, supervision, labor, materials, supplies, and equipment necessary for construction of the project, complete in all details. 2. Perform all work not specifically mentioned as work performed by the RAILROAD necessary to complete the project in accordance with the plans and specifications. 55 Page 3 of 11 3. Any work or modification which, under this agreement, may be performed by the Contractor will nevertheless be the obligation of the CITY, and the RAILROAD will be entitled to look to the CITY for full performance thereof. 4. CITY will provide the attached Exhibit “C” “Requirements for Contractors, Public Employees, and Private Individuals (Hereinafter Referred to as Contractor) When Working on the Railroad’s Right of Way” to its Contractor. The CITY’s Contractor will comply with all aspects of these attachments. 5. Submit all temporary traffic control plans affecting the RAILROAD’s grade crossing to RAILROAD’s Director of Engineering Jim Bieber at jbieber@mtrail.com for approval. Allow a minimum of three (3) days for RAILROAD’s approval of submitted traffic control plans. Any temporary traffic control plans affecting the grade crossing must not plan to alter the active grade crossing warning system and must not utilize a Railroad’s flagger to control vehicle traffic. 6. Construct a driveway approach across the sidewalk to RAILROAD’s signal bungalow area. 7. CITY will pay for the purchase and delivery freight for new concrete surfaces (and end deflectors) for the two track crossings at DOT# 104001W. There will be a total of 65 track feet of concrete surface (two 32.5-foot-long) purchased. 8. Provide construction stakes, including offset stakes, as needed by RAILROAD, to mark the extents of the outer edges of trail surfaces, to facilitate installation of the concrete grade crossing surfaces. 9. Provide asphalt saw cuts in the asphalt roadway surface on both sides of the tracks at the grade crossing at five feet (5’) from the nearest rail to accommodate removal of existing track structure and replacement with new track structures and concrete surfaces. 10. Dispose of asphalt removed to accommodate the new concrete crossing surfaces and maintain any temporary gravel surface in the roadway between the edges of asphalt saw cuts and the newly installed concrete surface s at the grade crossing. Place asphalt patches in that area. 11. All temporary traffic controls, detours, notifications, temporary asphalt, and asphalt necessary for RAILROAD to complete their work will be the responsibility of the CITY. It is understood that the grade crossing will be fully closed to traffic for not more than one (1) day for railroad to complete its concrete crossing surface installation. 12. CITY’s Contractor will cooperate with RAILROAD’s forces and with RAILROAD’s contractors to the maximum extent possible. PART B1 WORK TO BE PERFORMED BY THE RAILROAD AT CITY'S EXPENSE: 1. Railroad Flagging. Provide railroad flagging protection during construction as deemed necessary by the RAILROAD. 56 Page 4 of 11 PART B2 WORK TO BE PERFORMED BY THE RAILROAD AT RAILROAD'S EXPENSE: 1. RAILROAD will provide not less than five (5) days’ notice of staking needs. 2. Provide at least five (5) days’ notice of staking needs. 3. Provide engineering, supervision, labor, materials (except concrete surfaces and their freight), and equipment necessary for the installation of the new concrete crossing surface including upgrades to the track structure to accommodate the new surface. 4. Install concrete crossing surface materials, including upgraded track structure, to accommodate two 32.5-foot-long concrete surfaces in accordance with RAILROAD’s current installation policies. 5. Dispose of track structure materials removed and not reused during construction of the new concrete surfaces at RAILROAD’s cost. PART C SEQUENCE OF OPERATION: 1. The CITY, the RAILROAD, and the CITY’s Contractor will meet at a mutually agreeable date and time. Meeting will be held at or near the grade crossing prior to any construction on RAILROAD’s right of way. 2. The CITY, the RAILROAD, and the CITY’s Contractor will meet at a mutually agreeable date and time at the project location to inspect the project when substantially completed within the RAILROAD’s right of way but prior to the Contractor’s demobilization of people and equipment. III All reconstruction, improvements, or maintenance work to be done by the CITY or its contractor on the RAILROAD's right of way will be done in a manner satisfactory to the RAILROAD and will be performed so as not to unnecessarily interfere with the movement of trains or traffic upon the track. The CITY will require its Contractor to take precautions to avoid damage to or interfere with the RAILROAD's track or trains and to notify the RAILROAD, as per Exhibit "C," whenever the contractor is about to perform work on, or adjacent to its track to enable the RAILROAD, upon proper notice from CITY’s Contractor, to furnish flagging and other necessary protective services and devices to ensure the safety of railway operations. The RAILROAD can furnish such flagging and protective services and devices that, in its judgment, are necessary to ensure the safety of railway operations, and the CITY will reimburse the RAILROAD for the cost thereof. Whenever safeguarding of the trains or traffic of the RAILROAD is mentioned in this agreement, it is intended to include all permitted users of the RAILROAD's track. 57 Page 5 of 11 The CITY, its contractors and subcontractors shall plan, schedule, coordinate and conduct all work so as not to cause any delay to any train. IV The RAILROAD will endeavor to submit on a regular basis progress bills for flagging and other protective services and devices during any work contemplated by this agreement. The progress bills will contain the dates and hours worked per day. The RAILROAD will submit a final and complete billing for flagging and other protective services within one hundred twenty (120) days after being notified of the completion of the project by the CITY. The attached Exhibit "C," which is made a part hereof, is a statement of conditions when flaggers, protective services and devices will be furnished by the RAILROAD. Railroad flagging will be billed separately from the services listed in Exhibit “B.” The RAILROAD will submit progress bills to the CITY during the progress of the work included in this agreement for the actual cost of services and expenses incurred by the RAILROAD. The estimated cost of the work, except flagging, to be performed under this agreement by the RAILROAD’s forces at the expense of the CITY is shown on the detailed estimate attached as Exhibit “B” and made a part of this agreement. The RAILROAD has inspected the materials in the field prior to signing this agreement. The salvage value of materials to be retained by the RAILROAD is shown on the attached Exhibit “B”. RAILROAD shall utilize its approved public projects billing rates and methods. The CITY will reimburse the RAILROAD for the actual cost and expenses incurred in connection with said work. It is further agreed that the final and complete billing of all incurred costs will be made by the RAILROAD at the earliest practical date and that a final audit and review will be made by the CITY. Records are to be available to the CITY or their authorized representatives for audit during the contract period and for a period of three (3) years from the date of final payment. V All contracts between the CITY and its contractor, for the construction provided for on the roadway facility within the RAILROAD’s right-of-way, shall include language that specifies the contractor is responsible to RAILROAD, including any of its affiliate RAILROAD companies, and its tenants for all damages for any unscheduled delay to any and all freight or passenger trains that is caused by the contractor’s negligence, failure to comply with its requirements under this agreement, failure to properly coordinate its work with the RAILROAD or any cause not attributable to the RAILROAD, but arising from the contractor’s activities that affect RAILROAD’s ability to fully utilize its equipment and to meet customer service obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment and train service employees, contractual loss of incentive pay and bonuses, and contractual penalties resulting from train delays, caused by the Contractor, or its subcontractors performing work under the project identified herein. 58 Page 6 of 11 It is understood and agreed that this section includes any RAILROAD expenses for delays arising from RAILROAD work necessitated by acts, omissions or negligence of the contractor or subcontractors. For loss of use, contractor will be billed the current freight train hour rate per train as determined from RAILROAD’s record. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. In addition to the above damages, passenger, U.S. mail trains, and certain other grain, intermodal, coal, special and freight trains operate under incentive/penalty contracts between RAILROAD and its customers. Under these arrangements, if RAILROAD does not meet its contract service commitment, RAILROAD may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by RAILROAD which are attributable to a train delay caused by or related to this project. The contractual relationship between RAILROAD and its customers is proprietary and confidential. In the event of a train delay covered by this agreement, RAILROAD will share information relevant to any train delay to the maximum extent consistent with RAILROAD confidentiality obligations. Damages for train delay for certain trains could be as high as $50,000.00 per incident. VI All contracts between the CITY and a contractor, for the construction provided for, or maintenance work on the roadway within the RAILROAD right of way, will require the contractor to indemnify, defend, and hold harmless the RAILROAD and any other railroad company occupying or using the RAILROAD's right of way, or line of RAILROAD, against all loss, liability and damage including attorney’s fees arising from activities of the contractor, its forces or any of its subcontractors or agents, and will further provide that the contractor will carry insurance of the kind and amount hereinafter specified: A. Commercial General Liability Insurance – This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $6,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the following; *Bodily Injury and Property Damage *Personal Injury and Advertising Injury *Fire legal liability *Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: *It is agreed that any workers’ compensation exclusion does not apply to railroad payments related to the Federal Employers Liability Act or a railroad Wage Continuation Program or similar program and any payments made are 59 Page 7 of 11 deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. *The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of RAILROAD’s property. No other endorsements limiting coverage as respects obligations under the Agreement may be included on the policy. B. Business Automobile Insurance – This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: *Bodily injury and property damage *Any and all vehicles owned, used, or hired C. Workers Compensation and Employers Liability insurance including coverage for but not limited to: *Contractor’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. *Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. A Certificate of Insurance must be provided to the RAILROAD prior to commencement of work. D. Railroad Protective Liability insurance naming only the RAILROAD as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93 and include the following: *Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) *Endorsed to include the Limited Seepage and Pollution Endorsement *Endorsed to remove any exclusion for punitive damages *No other endorsements restricting coverage may be added *The original policy must be provided to the RAILROAD prior to performing any work or services under this Agreement. The RAILROAD is to be provided with a separate and individual Railroad Protective Policy. 60 Page 8 of 11 Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Contractor agrees to waive its right of recovery against RAILROAD for all claims and suits against RAILROAD. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against RAILROAD for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against RAILROAD for loss of its owned or leased property or property under Contractor’s care, custody, or control. Contractor’s insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by RAILROAD. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and RAILROAD shall be named as an additional insured with respect to work performed under this Agreement. Severability of interest and naming RAILROAD as additional insured shall be indicated on the certificate of insurance. Prior to commencing the Work, Contractor shall furnish to RAILROAD an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify RAILROAD in writing at least 30 days prior to any cancellation, non-renewal, substitution, or material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving RAILROAD arising out of this Agreement, Contractor will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable in surance company acceptable to RAILROAD or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages reference above. Not more frequently than every five years, RAILROAD may ask to reasonably modify the 61 Page 9 of 11 required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor’s obligations hereunder. The fact that insurance (including, without limitation, self-insurance) obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by RAILROAD shall not be limited by the amount of the required insurance coverage. ALL certificates of insurance required for contractor performed construction, reconstruction, improvements, and/or maintenance work will be forwarded to the RAILROAD at the following address: MONTANA RAIL LINK INC. Attention: Contracts Administrator P.O. Box 16390 Missoula, MT 59808-6390 contracts@mtrail.com (406) 523-1566 Office (406) 523-1529 Fax If the CITY, its contractor, subcontractors, or agents, in the performance of the work herein provided for or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the RAILROAD, such damage or destruction shall be corrected by the CITY in the event its contractor or the insurance carriers fail to repair or restore the same. VII Upon completion of any maintenance, improvements, or reconstruction work, the CITY will require its Contractor to leave the RAILROAD right of way in a condition satisfactory to the RAILROAD. This determination shall be made by the RAILROAD’s Chief Engineer or his designee. VIII The CITY agrees that in removing snow from said roadway and appurtenances (including trails/sidewalks), that the CITY will perform such snow removal in a manner as not to deposit the snow or debris on the roadbed or tracks of the RAILROAD. Any snow or debris deposited on the roadbed or track sections by actions of the CITY will be removed by 62 Page 10 of 11 the RAILROAD with such costs of removal billed against the CITY. The RAILROAD agrees to notify the CITY of any ongoing problem in this area. IX In the event said roadway shall, at any time, cease to be used by the public or otherwise become vacated or abandoned, the rights and benefits of the CITY under this agreement shall immediately cease, and the CITY shall remove said roadway at its own cost and expense. To facilitate the CITY’s removal of the roadway, the RAILROAD will issue to the CITY, at no cost or expense, a permit to accomplish said removal. If after a reasonable time the CITY has not removed the facility, the RAILROAD, after providing the CITY a minimum of 60 days prior notification, may remove said facility at the expense of the CITY. Pursuant to Mont. Admin. R. § 18.6.311(1), the CITY will own the railroad signal. If the grade crossing is abandoned, or if for any reason the signals are no longer required at this location, the RAILROAD and CITY will determine if the signals are to be installed at another location or used for replacement parts. If a railway or a highway improvement project necessitates a rearrangement, relocation, or alteration of the signals at this crossing, the party whose improvement causes such change will pay the cost thereof. X All notices, billings, payments, and other required communications ("Notices") to the Parties shall be in writing, and shall be addressed respectively as follows: If to CITY: CITY OF LAUREL Attention: Director of Public Works 115 West 1ts Street Laurel, MT 509044 Telephone: (406) 628-7431 If to RAILROAD: MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 Telephone: (406) 523-1440 FAX (406) 523-1529 63 Page 11 of 11 Telephone: (406) 628-7431 If to RAILROAD: MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 Telephone: (406) 523-1440 FAX (406) 523-1529 All notices shall be given (i) by personal delivery to the Parties, or (ii) by electronic communication, with a confirmation sent by mail, or (iii) by mail. All notices shall be effective and shall be deemed delivered (i) if by personal delivery on the date of delivery if delivered during normal business hours, and, if not delivered during normal business hours, on the next business day following delivery, (ii) if by electronic communication on the next business day following receipt of the electronic communication, or (iii) if solely by mail on the next business day after actual receipt. Any Party may change its address by notice to the other Parties. XI This agreement will be binding on the parties hereto, their successors and assigns. MONTANA RAIL LINK, INC. By: Heather Mattson VP Finance and Accounting CITY OF LAUREL By: Name: ________________________________________________ Title: Attest: 64 32 8 0 32 8 0 32 8 5 32 9 0 32 9 5 33 0 0 33 0 5 33 1 0 33 1 5 33 2 0 32 8 0 32 8 0 32 8 5 32 9 0 32 9 5 33 0 0 33 0 5 33 1 0 33 1 5 33 2 0 26 + 5 0 27 + 0 0 27 + 5 0 28 + 0 0 28 + 5 0 3294.6 3294.65 EG FG 3294.6 3294.75 EG FG 3294.8 3295.02 EG FG 3295.7 3295.68 EG FG 3295.6 3295.62 EG FG 3295.6 3295.63 EG FG 3295.7 3295.70 EG FG 3295.6 EG FG 3295.2 EG FG PR C L G R A D E PVI: 26+92.41 ELEV: 3294.81 PVI: 27+48.30 ELEV: 3295.63 PVI: 28+18.80 ELEV: 3295.75 CL @ - 0 . 6 0 % CL @ - 0 . 6 0 % CL @ 0 . 4 4 % CL @ 0 . 2 5 % CL @ 0 . 4 0 % CL @ 2 . 6 5 % EX C L G R A D E PC: 2 6 + 7 3 . 4 5 PT: 26+92.41 EP: 28+50.00 27 + 0 0 28 + 0 0 28 + 5 0 -2.04% -2. 0 4 % -3. 3 2 % - 3 . 3 2 % 31 . 0 0 ' 5. 0 0 ' ST A 2 6 + 4 8 . 5 3 CL 3 2 9 4 . 6 4 ST A 2 6 + 7 3 . 4 5 15 . 5 ' L T B C PC 3 2 9 4 . 8 6 ST A 2 6 + 4 8 . 5 3 1 5 . 5 ' R T B C PC 3 2 9 4 . 7 6 ST A 2 6 + 7 5 . 5 4 CL 3 2 9 4 . 7 5 ST A 2 6 + 6 3 . 5 3 30 . 6 ' R T B C PT 3 2 9 4 . 1 0 ST A 2 7 + 4 8 . 3 0 MA T C H E L E V . ST A 2 6 + 9 2 . 4 1 1 5 . 5 ' L T B C PC 3 2 9 4 . 9 4 ST A 2 8 + 1 8 . 8 0 CL 3 2 9 5 . 7 5 ST A 2 6 + 4 0 . 8 5 2 0 . 5 ' L B O W PT 3 2 9 4 . 8 1 TA P E R L A S T 1 0 ' O F CU R B D O W N T O CR O S S I N G E L E V . TA P E R L A S T 1 0 ' O F CU R B D O W N T O CR O S S I N G E L E V . 2 3 . 4 ' L B O W PC 3 2 9 3 . 9 5 ST A 2 6 + 1 8 . 1 1 2 5 . 8 ' L B O W PT 3 2 9 4 . 2 4 ST A 2 6 + 7 3 . 4 5 2 0 . 5 ' L B O W PC 3 2 9 4 . 9 4 ST A 2 6 + 9 2 . 4 1 2 0 . 5 ' L B O W PT 3 2 9 5 . 0 1 ST A 2 7 + 4 2 . 0 2 2 0 . 5 ' L B O W MA T C H E L E V . ST A 2 7 + 8 9 . 0 6 2 0 . 5 ' L B O W PC 3 2 9 6 . 1 3 ST A 2 8 + 1 4 . 9 5 4 8 . 9 ' L B O W PT 3 2 9 6 . 4 5 ST A 2 6 + 8 2 . 7 8 2 6 . 2 ' R T B C PC 3 2 9 3 . 9 4 ST A 2 6 + 9 1 . 8 6 15 . 5 ' R T B C PT 3 2 9 4 . 9 0 ST A 2 7 + 9 7 . 7 2 1 5 . 5 ' R T B C PC 3 2 9 6 . 2 2 ST A 2 8 + 1 4 . 9 3 2 0 . 6 ' R T B C PC 3 2 9 6 . 0 7 ST A 2 7 + 8 9 . 0 6 1 5 . 5 ' L T B C PC 3 2 9 6 . 0 1 ST A 2 8 + 1 9 . 9 3 4 9 . 4 ' L T B C PT 3 2 9 6 . 0 5 0. 5 5 % 0. 2 1 % 16 . 0 ' NE W D R I V E C L ST A 2 6 + 4 8 . 6 6 AD J U S T V A L V E T O MA T C H S U R F A C E AD J U S T V A L V E T O MA T C H S U R F A C E EX T E N D 1 8 " C U L V E R T 3 ' . I N S F E S . RE G R A D E D I T C H T O C A T C H . ST A 2 7 + 5 3 . 0 6 1 5 . 5 ' R T B C M A T C H E L E V . ST A 2 7 + 2 1 . 5 4 2 0 . 5 ' L B O W MA T C H E L E V . ST A 2 7 + 3 2 . 6 0 1 5 . 5 ' R T B C M A T C H E L E V . ST A 2 7 + 2 7 . 8 4 MA T C H E L E V . 22 0 S F C O N C R E T E P A D BE T W E E N T R A C K S MA T C H L I N E STA 2 6 + 5 0 MATCHLINE STA 28+50 C SOUTH 4TH STREET RECONSTRUCTIONSH E E T CITY OF LAUREL IS S U E D A T E DR A F T E D PR O J E C T N U M B E R RE V I E W E D LAUREL, MT 21 0 4 - 0 0 8 6 2 04 / 1 3 / 2 0 2 2 C1 4 S. 4TH ST. STREETS PLAN & PROFILE STA 26+50 TO 28+50 RW MK DATE REVISIONNO. 10 0 10 20 SC A L E FE E T A p r 1 4 , 2 0 2 2 - 4 : 1 4 p m - \ \ k l j - s o l u t i o n s \ d f s \ D a t a \ P r o j e c t s \ C i t y \ M T \ L a u r e l \ 2 1 0 4 _ 0 0 8 6 2 _ 2 0 2 2 _ p a v e m e n t m a i n t e n a n c e \ C A D \ c o n s t d w g s \ C - P l a n - P r o f i l e . d w g ( C 1 4 ) N KL J 2 0 2 2 S. 1 S T A V E . HWY 212 NO T E : SE E I N T E R S E C T I O N D E T A I L SH E E T S F O R S P E C I F I C S O F IN T E R S E C T I O N G R A D I N G . 65 EXHIBIT "B" MONTANA RAIL LINK, INC. Purchase and Deliver Concrete Crossing Surface for Use at (DOT# 104001W) South 4th Street in Laurel, Montana Railroad Milepost 0.50, 1st (Casper Branch) Subdivision 05/31/22 DETAILED ESTIMATE OF COST UNIT ITEM QTY UNITS COST ($)TOTAL CONCRETE CROSSING SURFACE 65 *TF 211.00$ 13,715.00$ STEEL END DEFLECTORS 2 SETS 450.00$ 900.00$ FREIGHT (DELIVERY OF CROSSING)2 LOAD 2,975.00$ 5,950.00$ ACCOUNTING FEE 1 EA 243.00$ 243.00$ ESTIMATED COST TO CITY OF LAUREL 20,808.00$ *TF = Track Feet Page 1of 1 66 Page 1 of 10 EXHIBIT “C” Requirements for Contractors, Public Employees, and Private Individuals (Hereinafter Referred to as Contractor) When Working on the Railroad’s Right of Way (Note – these requirements do not apply to railroad workers and/or contractors or firms working for the Railroad. Any railroad worker, contractor, or firm doing work for the Railroad shall comply with the terms and conditions of their contract) 1.01 General 1.01.01 The Contractor shall plan, schedule, and conduct all work activities so as not to interfere with the movement of any trains on Railroad Property. 1.01.02 The Contractor's right to enter Railroad's Property is subject to the absolute right of Railroad to cause the Contractor's work on Railroad's Property to cease if, in the opinion of Railroad, Contractor's activities create a hazard to Railroad's Property, employees, and/or operations. Railroad has the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railroad; (ii) Contractor (or any of its subcontractors), in Railroad’s opinion, prosecutes the Project work in a manner which is hazardous to Railroad property, facilities or the safe and expeditious movement of railroad traffic; (iii) any of the insurances required by Railroad are canceled during the course of the Project. The work stoppage continues until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railroad’s Chief Engineer or his designee, or until additional insurance has been delivered to and accepted by Railroad. Any such work stoppage under this provision does not give rise to any liability on the part of Railroad. Railroad’s right to stop the work is in addition to any other rights Railroad may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railroad desires to stop construction work on the Project, Railroad agrees to notify the following individual as soon as possible in writing: Kurt Markegard, P.E. City of Laurel 115 West 1st St Laurel, MT 59044 Phone: (406) 628-4796 Email: kmarkegard@laurel.mt.gov It is understood that written notification by Railroad may be secondary to safeguarding Railway’s employees, Property, and equipment in the event of a hazardous or unsafe situation. 1.01.03 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to, environmental, health and safety. The Contractor shall be responsible for and indemnify and save the Railroad harmless from all fines or penalties imposed or assessed by Federal, 67 Page 2 of 10 State and Local Governmental Agencies against the Railroad which arise out of Contractor's work. 1.01.04 For any demolition, false work above any tracks, or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, furnish the Railroad a pdf electronic file (with included working drawings to be legibly printable on 11”x17” paper) showing details of construction affecting Railroad Property and tracks. Ensure the working drawings include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and ensure each of the sets of plans includes complete structural calculations of any demolition, falsework, shoring, or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” (http://www.bnsf.com/in-the-community/pdf/bnsf-up-shoring- guide.pdf) must be used for determining design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current “BNSF- UPRR Guidelines for Temporary Shoring”. For all demolition and false work plans, the current “BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan Over the BNSF Railroad” (http://www.bnsf.com/in-the-community/pdf/bnsf-demolition- guideline.pdf) Sections I, II, III, IV and Appendixes must be followed. Ensure all submittal drawings and calculations are sealed by a currently registered Professional Engineer licensed in the State of Montana. Ensure all calculations take into consideration railroad surcharge loading and are designed to meet American Railroad Engineering and Maintenance-of-Way Association (previously known as American Railroad Engineering Association)(AREMA) Coopers E-80 live loading standard. The Railroad will notify the City and Contractor of Railroad’s comments, and Railroad will advise the City and Contractor at the time when the Railroad has no objections to submittals. Contractor may not begin work covered under submittals provided in accordance with this section until Railroad has provided, in writing, a statement of no objections. The Contractor will be required to use lifting devices, such as cranes and/or winches, to place or to remove any false work over Railroad's tracks. The Contractor is in no way to be relieved of responsibility for results obtained by the implementation of said plans. Railroad has 30 calendar days to review each submittal and provide comments. 1.01.05 Subject to the movement of the Railroad's trains, the Railroad will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor shall have no claim whatsoever for any type of damages in the event his work is delayed by the Railroad. 1.01.06 The Contractor shall take protective measures as are necessary to keep the Railroad’s facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to Railroad facilities resulting from Contractor's operations will be repaired or replaced by the Railroad and the cost of such repairs or replacement shall be paid for by the Contractor. Notify Railroad’s Public Works Engineer as listed in this Section at least two weeks prior to the anticipated 68 Page 3 of 10 substantial completion of the Project to arrange for a site inspection at a mutually agreeable date and time for Railroad and Contractor. Notify the Railroad's Director of Engineering in writing, by email at: jbieber@mtrail.com or by letter to: Director of Engineering Jim Bieber, Montana Rail Link, PO Box 16390, Missoula, MT 59808 and provide blasting plans to the Railroad for review and approval at least seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railroad's Property. 1.01.07 The Contractor shall abide by the following clearances during construction, maintenance or improvements. Abide by the following temporary clearances during construction: 15'-0" Horizontally from center line of nearest track. 22'-6" Vertically above top of rail (temporary falsework clearance may be reduced to 21'-6" Subject to specific Railroad approval) 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts Upon completion of the project, ensure the following clearances have been maintained: 25’ Horizontally from centerline of nearest track 23’-4” Vertically above top of rail 1.01.08 The Contractor shall not move any equipment or materials across the Railroad’s track unless at a public road crossing or at an approved temporary crossing and permission has been obtained from the Railroad. 1.01.09 Discharge, release or spill on Railroad Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited, and Contractor shall immediately notify the Railroad's Chief Dispatcher at 1(800) 338-4750, of any discharge, release or spills. Contractor shall not allow Railroad Property to become a treatment or storage facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 69 Page 4 of 10 1.01.10 The Contractor, upon completion of the work covered by this contract, shall promptly remove from the Railroad's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any subcontractor, employee or agent of Contractor or of any subcontractor, and shall cause the Railroad's Property to be left in a condition acceptable to the Railroad's representative. 1.02 Protection of Railroad Facilities and Railroad Flagger Services: 1.02.01 To initially commence flagging and/or to resume flagging after an extended period of non-use of flagging, give a minimum of thirty (30) calendar days notice to Railroad’s Director of Engineering Jim Bieber, at jbieber@mtrail.com in advance of when flagging services are required in order to bulletin the Flagger position per Railroad’s labor agreement requirements. If flagging services are scheduled in advance by the Contractor, and it is subsequently determined by the parties heret o that Flagger services are no longer necessary, provide a minimum of five (5) business days notice in writing to the Public Works Engineer and Roadmaster per Section 1.01.06 to abolish the position per Railroad’s labor agreements. 1.02.02 Once the Project has commenced, submit schedules of required flagging needs to Railway’s local Roadmaster, local Assistant Roadmaster, and Director of Engineering and any persons designated by the CITY on a weekly basis. Submit schedules for the subsequent week’s flagging needs. Submit schedules electronically by email to the addresses provided by the Railroad not later than 1400 hours (2 pm) every Thursday. The weekly schedule is needed for Railroad’s work force utilization. Failure to submit a weekly flagging schedule may result in a Flagger not being assigned to the Project when needed by Contractor. Ensure the required flagging needs emails contains the following information each week: Dates of Schedule, Days of Week, Flagger Needed (Yes/No), Contractor Work Hours, Brief Work Description. An example of one day of such a schedule is as follows: Date Day Flagger Yes/No Contractor Hours Work Description Jan 14 Mon Flagger Yes 0700-1730 Setting forms 1.02.03 Railroad Flagger and protective services and devices are required and furnished when Contractor's work activities are located over or under and within twenty-five (25) feet measured horizontally from center line of the nearest track or railroad structures and when cranes or similar equipment positioned outside of 25-foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.02.03a When in the opinion of the Railroad's Flagger, Roadmaster, or Public Works Engineer, it is necessary to safeguard Railroad's Property; employees; trains; engines; and facilities, or when other conditions warrant. 70 Page 5 of 10 1.02.03b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railroad's Flagger, Roadmaster, or Public Works Engineer, track or other Railroad facilities may be subject to movement or settlement. 1.02.03c When work in any way interferes with the safe operation of trains at timetable speeds. 1.02.03d When any hazard is presented to Railroad track, communications, signal, electrical, or other facilities either due to persons, material, equipment, or blasting in the vicinity. 1.02.03e Special permission must be obtained from the Railroad before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.02.04 Flagging services are performed by a qualified Railroad Flagger. The sole and exclusive function of the Flagger is to protect Railroad’s operations from interference by, and adverse effects from, the Contractor’s activities on Railroad Right of Way. Performance of this function includes, but is not limited to: (1) setting any required protective devices and making all necessary communications with Railroad’s operating groups prior to Contractor’s work start time, (2) a required Job Briefing with the Contractor’s on-site crew boss each day prior to work commencement, (3) providing the Contractor with advance notice of approach of railroad owned and/or operated trains or other “on-track” equipment, and (4) removing required protective devices and making necessary communications with Railroad’s operating groups after Contractor work has ceased. Upon notice of approach, Contractor employees must immediately cease work within 25 feet of tracks and/or place cranes which are in positions to foul tracks in the event of a tip over into safe configurations and move to the places designated in the morning Job Briefing. Railroad flagging personnel do not have the authority to modify or change the contract plan or specifications. Obey any Flagger safety instructions immediately and without question. Failure to comply may result in Project shut down until the situation can be resolved to Railroad’s sole satisfaction and/or additional consequences for the Contractor. Direct questions or requests for modifications, changes, or interpretations of the contract plans and/or speci fications, which require railroad approval, to the railroad’s Public Works Engineer as listed in Section 1.01.06. 71 Page 6 of 10 1.02.05 The cost of Flagger services provided by the Railroad will be borne by the CITY. The current base cost per hour for one (1) Flagger is $50.50 which includes vacation allowance, paid holidays, Railroad and Unemployment: Insurance, Public Liability and Property Damage Insurance, health and welfare benefits, transportation, meals, lodgi ng and supervision for an eight (8)-hour basic day with time and one-half or double time for non-standard start work times, overtime, rest days and holidays. Per diem at the current rates may be charged if paid to Flagger by Railroad’s labor agreements. In addition, there will be an estimated current $30.00 per hour charge for vehicle rental, or mileage, from headquarters to set protective devices, while at Project site, remove protective devices, then return to headquarters. This rate is for the classification of Laborer 5+ Years and is shown solely for the Contractor's information, and there is no guarantee that this class of labor will actually be used or that the rates of pay shown in column will be those in effect at the time the work is undertaken. These rates are subject to any increases which may result from Railroad Employees-Railroad Management negotiations or which may be authorized by Federal authorities. The flagging rates in effect at the time of performance by the Contractor hereinunder are used to calculate the actual costs of flagging pursuant to this Section 1.02. 1.02.05a A Flagger generally consists of one (1) employee. However, additional personnel may need to be assigned as a Flagging Crew at Railroad’s sole discretion. Additional personnel including, but not limited to, Communications Technicians and/or Signalmen, used to protect communications and signal facilities, may be required to protect Railroad Property and operations, if deemed necessary by a Railroad Supervisor. 1.02.05b Each time a Flagger is called, the minimum period for billing is the eight (8)- hour basic day, provided the Contractor has been working 8-hour days during the week. However, two exceptions may raise the minimum billing period: (1) if overtime, as provided for in Railroad’s labor agreement, was performed on a day, the minimum billing period includes the overtime plus the minimum 8-hour day, and (2) if the typical work schedule for the Contractor has been 10-hour days, the minimum billing period is the 10-hour day, plus any overtime performed that day. 1.03 Contractor Safety Requirements 1.03.01 Work in the proximity of railroad track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. Ensure all work performed by Contractors within 25 feet of the centerline of any track(s) is in compliance with Federal Railroad Administration Roadway Worker Protection regulations. 1.03.02 Any Contractor employee, its subcontractor’s employee, agents or invites under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railroad's Property and subsequently released to the custody of a representative of the Contractor. Future access to the Railroad's Property by that employee will be denied. 72 Page 7 of 10 1.03.03 All persons are prohibited from having pocketknives with blades in excess of three (3) inches, firearms or other deadly weapons in their possession while working on Railroad Property. 1.03.04 All personnel protective equipment used on Railroad Property shall meet applicable OSHA and ANSI specifications. Contractor personnel protective equipment requirements are; a) safety glasses with side shields, b) hard hats, c) safety shoes: hardened toe, above-the-ankle lace-up with a defined heel and d) high visibility retro-reflective orange vests. Hearing protection, fall protection and respirators will be worn as required by State and Federal regulations. 1.03.05 The Contractor shall not pile or store any materials, machinery or equipment closer than 25'-0" to the centerline of the nearest Railroad track. At highway/rail at-grade crossings, materials, machinery or equipment shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor may establish a staging and/or storage area with concurrence of the Railroad's representative. 1.03.06 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and, if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railroad Property must be left inoperable and secured against movement. 1.03.07 Contractor must not create and leave any temporary or permanent conditions at the work site that would interfere with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. 1.03.08 Contractor must immediately report any damage to Railroad’s Property, or any hazard that is noticed on passing trains, to the Railroad Flagger if present at the project site or to Railroad’s Emergency Hotline at 1-800-498-4838. Report any vehicle or machine which has or may have come in contact with a track, signal equipment, or structure and could result in a train derailment by the quickest means possible to the Railroad Flagger if present at the job site or to the Railroad’s Emergency Hotline at 1-800- 498-4838. 1.04 Excavation 1.04.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipe lines, electric wires, or cables, including fiber optic cable systems, that either cross or run parallel with the track which are located within the project's work area. Excavating on Railroad Property could result in damage to buried cables resulting in delay to Railroad traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. A minimum of three (3) business days before any excavation commences, the Contractor must contact the Railroad's 73 Page 8 of 10 Signal Supervisor Nathan Kluck at (406) 570-5993 and Roadmaster Russ Young at (406) 698-8882 and advise them of the upcoming excavation and allow them to arrange for any signal and communications lines to be located by Railroad’s personnel. If neither the Signal Supervisor nor the Roadmaster are reached, contact Railroad’s main office at (406) 523-1440 and advise the Director of Engineering of the situation. Railroad is not a party to One-Call Locates. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is also the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. 1.04.02 The Contractor must cease all work and the Railroad must be notified immediately before continuing excavation in the area if unexpected obstructions are encountered. If the obstruction is a utility, and the owner of the utility can be identified, then the owner should also be notified immediately. If there is any doubt about the location of underground cables or lines of any kind, no work will be performed until the exact location has been determined. There will be no exceptions to these instructions. 1.04.03 All excavations shall be conducted in compliance with applicable OSHA regulations, and regardless of depth, shall be shored where there is any danger to tracks, structures or personnel. 1.04.04 Any excavations, holes or trenches on Railroad Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, all areas must be secured and left in a condition that will ensure that Railroad employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.05 Hazardous Waste, Substances and Material Reporting 1.05.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to a ny non-containerized commodity or material, on or adjacent to the railroad's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor shall immediately: (a) notify the Railroad's Chief Dispatcher at 1-800-338-4750, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.06 Insurance Requirements 1.06.01 For projects involving construction or demolition on the Railroad’s Property or Right of Way, the Contractor will provide proof of insurance which conforms to the current requirements of the Railroad. The current insurance requirements of the Railroad can be obtained from the Public Works Engineer at (406) 523-1440. Unless 74 Page 9 of 10 specifically notified that Railroad Protective Insurance is not required, the Contractor should assume Railroad Protective Insurance is a requirement of any work on Railroad Property or Right of Way. 1.07 Personal Injury Reporting 1.07.01 The Railroad is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invites while on the Railroad's Property must be reported immediately (by phone mail if unable to contact in person) to the Railroad's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railroad at 1(406) 523-1529 and a copy to the Railroad's Flagger, if present, no later than the close of shift on the date of the injury. 75 Page 10 of 10 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St 2. Date: Time: County: 3. Temperature: 4. Weather 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: City: St. Zip: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: [i.e. (a) Laceration (b) Hand] 11. Description of Accident (to include location, action, result, etc.): 12. Treatment: G First Aid Only G Required Medical Treatment G Other Medical Treatment 13. Dr. Name 30. Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: FAX TO RAILROAD AT (406) 523-1529 AND COPY TO RAILROAD FLAGGER (IF PRESENT) 76 File Attachments for Item: 19. Resolution R22-40: Resolution Of Annexation And Zoning For Approximately One Acre Of Property Adjacent To The City Of Laurel, As An Addition To The City Of Laurel, Yellowstone County, Montana, With Concurrent Approval Of Initial Zoning Designation. 77 R22-40 Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel RESOLUTION NO. R22-40 RESOLUTION OF ANNEXATION AND ZONING FOR APPROXIMATELY ONE ACRE OF PROPERTY ADJACENT TO THE CITY OF LAUREL, AS AN ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA, WITH CONCURRENT APPROVAL OF INITIAL ZONING DESIGNATION. WHEREAS, a Petition for Annexation and Concurrent Zoning Designation was submitted to the City of Laurel by Lance Hull, who is the property owner (hereinafter “Petitioner”) of certain real property situated in Yellowstone County, Montana; WHEREAS, the real property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montan a, on Certificate of Survey No. 1642 amended Parcel A1 Less Herman Addition., Yellowstone County, Montana. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights-of-way; WHEREAS, the property is currently outside of City of Laurel city limits, and Petitioner seeks annexation of the property and zoning as Residential Multiple Family (hereinafter “RMF”); WHEREAS, Petitioner currently seeks annexation of its property into the City of Laurel in order to access and utilize City of Laurel services, including, but not limited to, water, sewer, police, and fire; WHEREAS, the Laurel City-County Planning Board held a duly advertised public hearing on Petitioner’s Petition for Annexation and Concurrent Approval of Initial Zoning Designation on June 15, 2022. At the conclusion of the hearing, the Planning Board voted to recommend approval to the City Council of both the annexation and zoning request; and WHEREAS, the City Council held a duly advertised public hearing regarding Petitioner’s Petition for Annexation on August 9, 2022. At the conclusion of the hearing, the City Council determined that approval of the Petition for Annexation and Concurrent Approval of Initial Zoning Designation is in the best interests of the City at this time; and WHEREAS, the annexation of the property and zoning is subject to an Annexation Agreement by and between the City of Laurel and the Petitioner, which will be executed by and between the Petitioner and the City of Laurel and will be attached hereto and incorporated as part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 78 R22-40 Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel 1. The owner of record of the territory annexed to the City of Laurel has executed a Petition of Annexation. 2. Pursuant to Mont. Code Ann. § 7-2-46, the incorporated boundaries of the City of Laurel shall be and the same hereby is extended and/or expanded to include the territory described in Petitioner’s Petition for Annexation and all attached Exhibits. 3. The following described territory is hereby annexed to the City of Laurel: that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel A1 Less Herman Addition., Yellowstone County, Montana. The real property is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by reference herein, and it includes all contiguous roadways and rights-of-way. 4. The owner of record of the territory annexed to the City of Laurel and the City of Laurel will execute an Annexation Agreement, which terms and conditions are made a part of this Resolution and the Petition for Annexation. 5. That the approval of the annexation and zoning is conditioned as follows: A. On all terms, conditions, and requirements of the Annexation Agreement between the City of Laurel and Petitioner. B. The property shall be zoned as RMF, which is consistent with the zoning of adjacent and nearby properties. C. The Waiver of Right to Protest, a copy of which is attached hereto and incorporated by reference herein, and this Resolution, shall be recorded with the County Clerk and Recorder within ninety (90) days after the adoption of this Resolution. D. Connections to the City of Laurel Water and Sewer Systems shall be approved by the City of Laurel’s Public Works Department. E. All improvements and infrastructure connections shall be completed within one calendar year from the date this Resolution is approved. 6. This Resolution shall be incorporated into the official minutes of the City Council, and upon said incorporation, the City Clerk-Treasurer shall file a true and correct certified copy of this Resolution and Meeting Minutes with the Yellowstone County Clerk and Recorder. 79 R22-40 Annexation of One Acre Parcel (Hull Property), as an Addition to the City of Laurel 7. From and after the date that the City Clerk -Treasurer files such certified copy of this Resolution and of the City Council Meeting Minutes with the Yellowstone County Clerk and Recorder, this Annexation of the above- described territory to the City of Laurel shall be deemed complete and final. 8. Annexation and the City's responsibility for providing service to the property shall become null and void upon Petitioner’s failure to satisfy the conditions imposed by the City Council by and through this Resolution, the Petition for Annexation, and the Annexation Agreement by and between the City of Laurel and the Petitioner. Introduced at a regular meeting of the City Council on the 9th day of August 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 9th day of August 2022. APPROVED by the Mayor the 9th day of August 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 1 CITY HALL 115 W. 1ST ST. PUB. WORKS: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 Office of the Director of Public Works PLANNING BOARD AND ZONING COMMISSION RECOMMENDATION LANCE HULL Annexation and Initial Zoning Applicant: Lance Hull 1009 Davis Circle Laurel MT 59044 The Mr. Hull represents 100% of the land ownership. Annexation pursuant to §7-2-4601 et. seq. MCA. (Annexation by Petition). Request: Mr. Hull, representing 100% of the ownership of lands involved, has Petitioned the City of Laurel for Annexation of approximately 1.0 acres of property adjacent to the City of Laurel with an initial Zoning Designation of Laurel Multi-Family (RMF) for concurrent review. The subject property is generally described as that portion of Section 8, Township 2 South, Range 24 East, P.M.M., Yellowstone County, Montana, on Certificate of Survey No. 1642 amended Parcel A1, Less Herman Addition. An annexation Exhibit, which is incorporated into this report by reference, has been submitted in support of the Petition and Requested Initial Zoning. Process: The annexation petition and requested initial zoning has been scheduled for consideration and a public hearing by the Laurel – Yellowstone City County Planning Board and Zoning Commission for 5:35 p.m. on Wednesday, June 15, 2022. Though not yet scheduled the matter could be considered by the Laurel City Council at a Work Session on July 5 and taken up as an action item on July 12, 2022. Analysis of the Request 105 2  The Mr. Hull represents 100% of the land ownership involved in the petition.  The Laurel Growth Policy designates the property as a ‘growth area’ of the city.  The current use of the property is vacant.  The requested zone City Laurel Multi-Family (RMF) provides for a variety of uses and is consistent with the requirements of R-08-22 that lands embraced by the city be assigned R-7500 or greater.  The subject property currently is presumed to be zoned County Residential Tracts or is un- zoned Yellowstone County.  Part 46 annexation requires that the land use designation be ‘consistent with the prevailing use of the property, consistent with the prevailing County Zoning Assignment, and/or consistent with the current growth policy’.  In addition to the extension of urban scale services the City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments  The initial zoning must be considered under City Resolution R-08-22 (Annexation), the Laurel Municipal Code Title 17 (Zoning).  The question of annexation and initial zoning must be heard by the Laurel – Yellowstone City County Planning Board and Zoning Commission.  Is the requested annexation and initial zoning in the best interest of the City and Citizens of the City of Laurel.  The property is situated such that street rights-of-way will need to be dedicated to the City on the northern and southern property lines. The dedication of the northern segment will need to be coordinated with the developer of that tract. Findings:  The subject property is adjacent to the City of Laurel.  The City Council is not required to submit the question of annexation to the qualified electors of the area to be annexed as the petition is signed by 100% of the owners.  The city may annex the property as 100% of the ownership of same has petitioned the city for annexation.  The driver for the annexation request is the desire of Mr. Hull to construct a Residential a Multi-Family complex on the property. The only way the development plan works is to extend the City water and sewer systems to the proposed development.  The subject property was included as ‘future growth area’ in the Growth Policy adopted by the City of Laurel. Additionally, the property has been identified on the Laurel Future Land Use Map portion of the Growth Policy as Multi-Family. As such, the requested zoning is consistent with the Laurel Growth Policy.  The proposed assignment of RMF meets all the statutory requirements of Part 46 annexation and zoning assignment.  The Laurel RMF Zone is listed along with other Residential land use assignments and is therefore determined to be a “greater than” R-7500 classification.  The extension of city services will be at the owner’s expense (R-08-22) and in accordance with the Annexation Agreement as approved by the City Council. . 106 3  The City Zoning provides options for development that are not available to rural properties. These options include but are not limited to Planned Unit Developments. These options and the exactions of infrastructure are most beneficial to the Owner, the City of Laurel, and all surrounding properties in conjunction with the proposed development of the property in the future.  The city has the ability to provide services to the property both existing and proposed. 12 Point Test for Zoning: I. Is the zoning in accordance with the growth policy;  The proposed zoning is consistent with the prevailing County zoning on the property.  The Growth Policy identifies all of the property proposed for annexation as Multi-Family.  Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater.  The Residential Multi-Family Zone meets the definition as ‘greater than’ R-7500. Finding: The requested zoning is in accordance with the Growth Policy. II. Is the zoning designed to lessen congestion in the streets;  The proposed zoning is consistent with the prevailing County zoning on the property.  The proposed zoning along with the annexation agreement will allow development of the property consistent with surrounding uses of property.  Proposed development that would potentially impact roads and streets would require a traffic impact analysis and associated improvements. Finding: The requested zoning will not have a material impact on congestion in the streets. III. Is the zoning designed to secure safety from fire, panic, and other dangers;  The proposed zoning is consistent with the prevailing County zoning on the property.  The Growth Policy identifies the property as Multi-Family.  Multi-Family development must be constructed in accordance with the prevailing International Code Council standards.  Adequate public infrastructure exists or can be readily extended/expanded to serve the development at RMF densities. Finding: The requested zoning will not have an adverse impact on safety from fire, panic, or other dangers. 107 4 IV. Is the zoning designed to promote health and the general welfare;  The proposed zoning is consistent with the prevailing County zoning on the property.  The Growth Policy identifies the property as Multi-Family as a future land use.  The connection of the facilities and properties at the time of developm ent to the Laurel municipal water and wastewater systems will have positive impacts to public health and general welfare. Finding: The requested zoning will promote the public health and the general welfare. V. Is the zoning designed to provide adequate light and air;  The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development.  The proposed RMF, provides restrictions on structure height, setbacks, lot coverage. These standards exist to provide open spaces and adequate light and air.  The existing development has more than adequate separation from surrounding uses. Finding The requested zoning will provide adequate light and air. VI. Is the zoning designed to prevent the overcrowding of land;  The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development.  The RMF proposal, has density and development controls that are designed to prevent the overcrowding of land. Finding: The proposed zoning will prevent the overcrowding of land. VII. Is the zoning designed to avoid undue concentration of population;  The existing zoning imposes building setbacks, height limits, limits on the number of buildings on a single parcel, and reasonable area limits on new development.  The RMF proposal, has density and development controls that are designed to prevent the overcrowding of land.  The subject property is large enough to provide adequate separation from surrounding uses. Finding: The proposed zoning will prevent the undue concentration of population. 108 5 VIII. Is the zoning designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;  The requested zoning, without some overlay or modification, will not necessitate the installation of new or additional infrastructure.  It is anticipated that a significant portion of the property being annexed will be further developed. It is at that point the additional infrastructure as well as capacities will be evaluated.  Some of the public duties, such as police, will shift from Yellowstone County to the City of Laurel but the net effect is minimal. Finding: The requested zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Additionally, as the uses of the property change and the intensity of development changes, the city will be able to plan for and be prepared for the anticipated increased demands on their public systems. IX. Does the zoning give reasonable consideration to the character of the district and its peculiar suitability for particular uses;  The requested zoning is consistent with the Growth Policy.  The property is compatible with surrounding development which is, for the most part, multi-family or commercial.  The water and sewer infrastructure proposed with the annexation is adequate for the intended use of the property. Finding: The requested zoning is consistent with surrounding uses, the Growth Policy and provides for opportunities for additional development with suitable uses. X. Does the zoning give reasonable consideration to the peculiar suitability of the property for its particular uses;  The requested zoning is consistent with the Growth Policy.  The property is compatible with surrounding development which is, for the most part, multi-family or commercial.  The water and sewer infrastructure proposed with the annexation is adequate for development of the property that is consistent with the requested RMF zoning. Finding: The requested zoning is in keeping with the character of the development in the area. It also provides for opportunities for additional development with suitable uses. 109 6 XI. Will the zoning conserve the value of buildings;  The extension and availability of public water and sewer resultant from annexation and initial zoning will add value to buildings as the proposed use is substantially similar to or complementary to surrounding buildings and uses.  The requested zoning is consistent with the Growth Policy.  The proposed zoning is a logical transition/replacement of County for City, it is not anticipated that there would be any adverse effect on the value of surrounding buildings or lands. Finding: The value of existing buildings both on and adjacent to the requested zone will either be enhanced or not effected by the proposed zoning. XII. Will the zoning encourage the most appropriate use of land throughout the municipality?  The requested zoning is consistent with the Growth Policy.  The requested zoning is consistent with the prevailing land uses and zoning surrounding the property.  A healthy mix of land uses encourages growth and development in the community as a whole. The addition of RMF at this location will benefit not only the housing in Laurel but the need for support and other essential services. Finding: The requested zoning provides for the most appropriate use of land in the municipality. It also provides for a significant amount of flexibility for a mixture of uses as contemplated by the District Regulations. Conclusion: The petition for annexation into the City of Laurel with the initial zoning assignment of Laurel Multi-Family (RMF) appears to be consistent with the requirements of Part 46 Annexation and City Council Resolution R-08-22. Additionally, the annexation, extension of services, and initial zoning assignment in the best interest of both the City of Laurel and the Mr. Hull. RECOMMENDATION The Laurel – Yellowstone City County Planning Board recommend that the Laurel City Council adopt the Findings of Fact outlined in this Recommendation and approve the Annexation and Initial Zoning requested by Mr. Hall subject to the following:  That an Amended Plat or Certificate of Survey suitable for filing with Yellowstone County that describes the tract of land to be Annexed is submitted by the Developer.  That an Annexation Agreement is submitted for acceptance by the City Council. 110 File Attachments for Item: 20. Resolution No. R22-41: A Resolution Of The City Council Authorizing The Mayor To Enter Into Professional Services With Prothman Related To Employment Sourcing For A City Of Laurel Planner 111 R22-41 Approve Prothman Professional Services Proposal RESOLUTION NO. R22-41 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO ENTER INTO PROFESSIONAL SERVICES WITH PROTHMAN RELATED TO EMPLOYMENT SOURCING FOR A CITY OF LAUREL PLANNER BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Professional Services Proposal from Prothman, related to employment sourcing for a City of Laurel Planner (hereinafter “Prothman Professional Services Proposal”), a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to enter into a professional services relationship with Prothman, related to employment sourcing for a City of Laurel Planner, according to the terms and conditions of the Prothman Professional Services Proposal. Introduced at a regular meeting of the City Council on the 9th day of August 2022, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 9th day of August 2022. APPROVED by the Mayor the 9th day of August 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 112 www.prothman.com  371 NE Gilman Blvd, Suite 310, Issaquah, WA 98027  206.368.0050 Sourcing & Outreach Position Profile Development Working with you, we will create a position profile. This document will be posted on our website. Profiles include the following: ♦ A description of the ideal candidate’s qualifications ♦ Organization & community specific information ♦ Compensation package details ♦ Information on how to apply Advertising & Outreach Strategy Our staff will handle all advertising and outreach on your behalf. We have an aggressive recruitment strategy which involves the following: ♦ Print and Internet-based Ads placed nationally in professional publications, journals and on related websites. ♦ Targeted Candidate Outreach via direct mail recruitment brochure sent directly to hundreds of highly qualified city/county professionals who are not actively searching for a new position. ♦ Focused Personal Candidate Outreach via emails sent directly to city/county professionals from our database. ♦ Posting the Position Profile on Prothman Facebook, LinkedIn, and on the Prothman Website, which receives over five thousand visits per week from potential candidates. Application Collection - Use of OAS, Online Application Service We will work with you to set up your application in our OAS software. With your personal login and administration page, you will be able to view applications, resumes, cover letters and other documents as they are submitted. You will also be able to rank and take notes on each application. For a demo: www.prothman-jobboard.com/OnlineApplicationService.aspx OR, we will collect applications via Prothman online application process and forward applications to you electronically. The City of Laurel handles all screening and interviews from this point Warranty If a candidate is not chosen from the first pool of applicants, we will repeat the process with no additional fee, the only cost to you would be the cost for the advertising and direct mail. Fee & Expenses The fee for the first Sourcing Only Recruitment is $6,500, and $5,500 for all subsequent Sourcing Only Recruitments. The professional fee is billed at the beginning of each recruitment. The client will be responsible for reimbursing Prothman for advertising and direct mail expenses for each recruitment. We do not markup expenses, and expense items will vary depending on the position title and include: • Trade journal, websites, LinkedIn, and other advertising (approx. $900 - 1,700) • Direct mail announcements (1,900) 113 File Attachments for Item: 21. Resolution No. R22-42: Resolution Approving The Final Plat Of Cherry Hill Subdivision 3rd Filing, An Addition To The City Of Laurel, Montana 114 R22-42 Approve Final Plat for Cherry Hill Subdivision 3rd Filing, an Addition to the City of Laurel RESOLUTION NO. R22-42 RESOLUTION APPROVING THE FINAL PLAT OF CHERRY HILL SUBDIVISION 3RD FILING, AN ADDITION TO THE CITY OF LAUREL, MONTANA WHEREAS, the developer of Cherry Hill Subdivision 3rd Filing (known in previous Filings and Resolutions both as “Cherry Hills Subdivision” and “Cherry Hill Subdivision”) (hereinafter referred to as “Cherry Hill Subdivision”) has requested approval of the Final Plat of Cherry Hill 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 Hill (previously referred to as “Cherry Hills Subdivision”) 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 Hill 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; and WHEREAS, to clarify any confusion and to create legal certainty regarding the name of the Subdivision, this Resolution is meant to amend previously-approved and filed Resolution No. R21-101. 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 Hill Subdivision 3rd Filing, an Addition to the City of Laurel; and THEREFORE, the City Council of Laurel hereby amends previously-approved and filed Resolution No. R21-101 to reflect that the proper name of the Subdivision is “Cherry Hill Subdivision,” not “Cherry Hills Subdivision.” All other terms and conditions of Resolution No. R21-101 remain in full force and effect. 115 R22-42 Approve Final Plat for Cherry Hill Subdivision 3rd Filing, an Addition to the City of Laurel Introduced at a regular meeting of the City Council on the 9th day of August 2022 by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 9th day of August 2022. APPROVED by the Mayor on the 9th day of August 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 116 File Attachments for Item: 22. 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 117 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" 118 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" 119 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 120 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 Sparks. PASSED and ADOPTED by the Laurel City Council on second reading on the 9th day of August 2022, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the 9th day of August 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 121 File Attachments for Item: 23. 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 122 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 123 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 Herr. PASSED and ADOPTED by the Laurel City Council on second reading on the 9th day of August 2022, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the 9th day of August 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 124