HomeMy WebLinkAboutCity Council Packet 11.08.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 08, 2022
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R22-68
NEXT ORD. NO.
O22-06
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 October 25, 2022.
Correspondence
2. Police Monthly Report - October 2022.
Council Disclosure of Ex Parte Communications
Public Hearing
3. Public Hearing: An Ordinance Amending Certain Chapters Of Title 12.18 Of The Laurel
Municipal Code Relating To Special Event Permits 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.
4. Claims entered through November 4, 2022.
5. Approval of Payroll Register for PPE 10/30/2022 totaling $210,580.86.
Ceremonial Calendar
Reports of Boards and Commissions
6. Budget/Finance Committee Minutes of October 25, 2022.
7. Tree Board Minutes of September 22, 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
1
Participation is limited to three minutes. While a ll comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
8. Resolution No. R22-68: A Resolution Of The City Council Declaring Certain City Of Laurel
Property As “Surplus” Available For Sale Or Trade To The Public Or Other Governmental
Entities Or Vendors
9. Resolution No. R22-69: A Resolution Of The City Council Authorizing The Mayor To Execute
All Loan Documents By And Between Montana Board Of Investments Intercap And The City
Of Laurel For The Purchase Of A Garbage Truck
10. Resolution No. R22-70: A Resolution Of The City Council Of Intent To Increase The City Of
Laurel's Solid Waste Rates And Setting A Date And Time For A Public Hearing
11. Ordinance No. O22-06: An Ordinance Amending Certain Chapters Of Title 12.18 Of The
Laurel Municipal Code Relating To Special Event Permits For The City Of Laurel
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
2
File Attachments for Item:
1. Approval of Minutes of October 25, 2022.
3
4
5
6
7
8
File Attachments for Item:
2. Police Monthly Report - October 2022.
9
Page 1 of 5
Total Calls Printed on October 31, 2022
[CFS Date/Time] is between '2022-09-26 00:00' and '2022-10-24 23:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 30 30
: Agency Assist 67 67
: Alarm - Burglary 7 7
: Alarm - Fire 3 3
AMB : Ambulance 97 97
: Animal Complaint 6 6
: Area Check 3 3
: Assault 3 3
: Bad Checks 0 0
: Barking Dog 1 1
: Bomb Threat 0 0
: Burglary 4 4
: Child Abuse/Neglect 3 3
: Civil Complaint 12 12
: Code Enforcment Violation 6 6
: Counterfeiting 0 0
10
Page 2 of 5
Code : Description
Totals
: Criminal Mischief 13 13
: Criminal Trespass 7 7
: Cruelty to Animals 5 5
: Curfew Violation 2 2
: Discharge Firearm 1 1
: Disorderly Conduct 6 6
: Dog at Large 20 20
: Dog Bite 1 1
DUI : DUI Driver 7 7
: Duplicate Call 2 2
: Escape 0 0
: Family Disturbance 11 11
: Fight 1 1
FIRE : Fire or Smoke 8 8
: Fireworks 1 1
: Forgery 0 0
: Found Property 6 6
: Fraud 3 3
: Harassment 4 4
: Hit & Run 5 5
: Identity Theft 3 3
11
Page 3 of 5
Code : Description
Totals
: Indecent Exposure 0 0
: Insecure Premises 1 1
: Intoxicated Pedestrian 0 0
: Kidnapping 0 0
: Littering 0 0
: Loitering 3 3
: Lost or Stray Animal 6 6
: Lost Property 4 4
: Mental Health 3 3
: Missing Person 2 2
: Noise Complaint 5 5
: Open Container 0 0
: Order of Protection Violation 2 2
: Parking Complaint 13 13
: Possession of Alcohol 1 1
: Possession of Drugs 0 0
: Possession of Tobacco 1 1
: Privacy in Communications 0 0
: Prowler 0 0
: Public Assist 60 60
: Public Safety Complaint 9 9
12
Page 4 of 5
Code : Description
Totals
: Public Works Call 9 9
: Report Not Needed 4 4
: Robbery 0 0
: Runaway Juvenile 7 7
: Sexual Assault 1 1
: Suicide 0 0
: Suicide - Attempt 0 0
: Suicide - Threat 1 1
: Suspicious Activity 58 58
: Suspicious Person 4 4
: Theft 28 28
: Threats 3 3
: Tow Call 0 0
: Traffic Accident 18 18
: Traffic Hazard 8 8
: Traffic Incident 15 15
: TRO Violation 0 0
: Truancy 0 0
T/S : Traffic Stop 86 86
: Unattended Death 0 0
: Unknown - Converted 0 0
13
Page 5 of 5
Code : Description
Totals
: Unlawful Transactions w/Minors 0 0
: Unlawful Use of Motor Vehicle 1 1
: Vicious Dog 1 1
: Warrant 23 23
: Welfare Check 9 9
Totals 734 734
14
File Attachments for Item:
6. Budget/Finance Committee Minutes of October 25, 2022.
15
16
17
File Attachments for Item:
7. Tree Board Minutes of September 22, 2022.
18
19
File Attachments for Item:
8. Resolution No. R22-68: A Resolution Of The City Council Declaring Certain City Of Laurel
Property As “Surplus” Available For Sale Or Trade To The Public Or Other Governmental
Entities Or Vendors
20
R22-68 Approve Surplus Items and Sale and Disposal of Such
RESOLUTION NO. R22-68
A RESOLUTION OF THE CITY COUNCIL DECLARING CERTAIN CITY OF
LAUREL PROPERTY AS “SURPLUS” AVAILABLE FOR SALE OR TRADE TO
THE PUBLIC OR OTHER GOVERNMENTAL ENTITIES OR VENDORS
WHEREAS, the City of Laurel has inventoried vehicles, equipment, and other items
that are no longer of use to the City; and
WHEREAS, in accordance with Mont. Code Ann. § 7-8-420(1), the City of Laurel City
Council has the authority to sell or otherwise dispose of the property by declaring it surplus;
and
WHEREAS, the surplus items shall be offered to the public for sale or utilized by the
City for purposes of trade or sale to obtain new equipment or property for use by the City of
Laurel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana that:
1. The City of Laurel City Council declares the property included on the attached
“Schedule A” as “surplus property” pursuant to Montana law; and
2. The Mayor and City Staff are authorized to dispose of the surplus property
through public sale or trade with any governmental entity or group in order to obtain new
property for City use.
Introduced at a regular meeting of the City Council on the 8th day of November 2022,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of
November 2022.
APPROVED by the Mayor the 8th day of November 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
21
R22-68 Approve Surplus Items and Sale and Disposal of Such
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
22
SCHEDULE A
City of Laurel 2022 Surplus Items
Department Surplus Item
Public Works 1978 Ford Truck N70EVAG7793
Public Works 2000 Street Sweeper 49H6WFAA7YHF42293
Public Works 1986 Ford Dump Truck 1FDNF70HXGVA01250
Public Works 1990 Peterbuilt Dump Truck 1XPZLAEX7LD704668
Public Works 1992 Ford F150 2FTDF15Y8NCA45241
Public Works 1990 Ford F150 2FTDF15Y7CLA24944
Public Works 1989 Ford F150 1FTEF15Y5KNA36832
Public Works 1981 Dodge Truck 1B7FD14RXBS146894
Public Works Roller Model #BW140AD SERIAL# 89142
Public Works Milling Machine Model #4000 SERIAL#98312631
Public Works 1999 Chevy Blazer Tahoe P23 3GNEK18R2XG227874
Public Works 1976 Chevy Ambulance
Public Works Bobcat Skid Steer Sewer Plant 5019-M-15714 Model #743
Ambulance 2007 Ford Medtec Ambulance “Care 1” 1FDXE45P87DA20718
Ambulance 1993 Chevy Ambulance “Care 2” 1GBJC34F5PE175437
Ambulance Child Bunk Bed
Police 1981 Ford Box Van 1FTJE38G9BHA52742
Police 1993 Chevy Ambulance 1GBJC34F5PE175437
Police 2009 Chevy Impala 2G1WS57M391199694
Police 2007 Chevy Impala 2G1WS55R779415415
Police 1991 Chevy 2GBGG31JXM4120520
Police 1999 Ford Expedition 1FMRU17LXXLB94428
Police 1998 Tahoe 3GNEK18S6WG149004
Police 2004 Dodge Stratus 1B3EL36P54N264281
Police 2002 Sable 1MEFM50U82A646719
Police 1994 Pontiac Firebird T-Top 2G2FV22P4R2209159
Police 2010 Harley Davidson 1HD1FMM13AB661832
Citywide Electronic Waste (outdated computers, servers, fax machines,
calculators, printers, and the like)
Citywide Miscellaneous Equipment (no longer used): to be sold or donated for
scrap
23
File Attachments for Item:
9. Resolution No. R22-69: A Resolution Of The City Council Authorizing The Mayor To
Execute All Loan Documents By And Between Montana Board Of Investments Intercap And
The City Of Laurel For The Purchase Of A Garbage Truck
24
R22-69 Approve Execution of Garbage Truck Loan Documents
RESOLUTION NO. R22-69
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE ALL LOAN DOCUMENTS BY AND BETWEEN MONTANA BOARD OF
INVESTMENTS INTERCAP AND THE CITY OF LAUREL FOR THE PURCHASE
OF A GARBAGE TRUCK
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. On May 14, 2021, Montana Board of Investments Intercap issued
a Term Sheet to the City of Laurel, agreeing to a Three Hundred Thousand Dollars and No
Cents ($300,000) loan to the City of Laurel to finance costs associated with the purchase of a
garbage truck. On July 27, 2021, pursuant to Resolution No. 21-56, the City of Laurel approved
the purchase of a garbage truck from Kios Brothers, pursuant to a loan agreement by and
between Montana Board of Investments Intercap and the City of Laurel.
Section 2: Execution. The Mayor is hereby given authority to execute all loan and
related documents by and between Montana Board of Investments Intercap and the City of
Laurel, for the purchase of the garbage truck.
Introduced at a regular meeting of the City Council on the 8th day of November 2022,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of
November 2022.
APPROVED by the Mayor the 8th day of November 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
25
R22-69 Approve Execution of Garbage Truck Loan Documents
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
26
27
28
29
30
31
32
33
34
35
36
37
File Attachments for Item:
10. Resolution No. R22-70: A Resolution Of The City Council Of Intent To Increase The City
Of Laurel's Solid Waste Rates And Setting A Date And Time For A Public Hearing
38
R22-70 Intent to Increase Solid Waste Collection and Disposal Fees
RESOLUTION NO. R22-70
A RESOLUTION OF THE CITY COUNCIL OF INTENT TO INCREASE THE CITY
OF LAUREL'S SOLID WASTE RATES AND SETTING A DATE AND TIME FOR A
PUBLIC HEARING
WHEREAS, a need is anticipated for repair, improvement, and continued operation and
maintenance of existing and proposed solid waste facilities, equipment, and services for the
providing of collection and disposal of solid waste for the inhabitants of the City of Laurel,
Montana and its environs (hereinafter “the City”);
WHEREAS, it is essential to the public health, welfare, and safety of the inhabitants of
the City of Laurel and its environs to provide an adequate and safe solid waste collection service
and to provide adequate funding to meet the cost of constructing, maintaining, and operating
the same;
WHEREAS, the current solid waste collection and disposal rates and charges in effect
at the present time within the City of Laurel are not adequate to provide revenues with which
to defray the increased costs of operation, maintenance, and capital of the City's solid waste
facilities, equipment, and services;
WHEREAS, the provision of the solid waste facilities, equipment, and services is
essential to the preservation of the public's health and welfare;
WHEREAS, that the new rates must, before taking effect, be approved by the City
Council after advertising and conducting a public hearing pursuant to the City's Charter and
Mont. Code Ann. § 69-7-111;
WHEREAS, current budgetary requirements with respect to the operation of said
facilities, equipment, and services, in addition to ongoing and future projects, require the
proposed rate increase to enable the City to proceed as expeditiously as possible to accomplish
the objectives herein above recited; and
WHEREAS, pursuant to its Charter and Montana law, the City Council has determined
that a public hearing must be advertised and held to gather public testimony and input regarding
the proposed increases in solid waste rates and charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LAUREL, MONTANA:
1. That the City Council considers it both advisable and necessary to increase the
municipal solid waste rates and charges for all users and proposes to increase the
rates and charges as specifically contained on the rate and charge schedule marked
39
R22-70 Intent to Increase Solid Waste Collection and Disposal Fees
“Exhibit A” that is attached hereto and hereby incorporated into this Resolution by
reference.
2. That a public hearing shall be held on the 13th day of December 2022, at 6:30 p.m.
in the City Council Chambers, at City Hall, Laurel, Montana, for the purpose of
gathering and receiving testimony, input, and comments from all interested or
affected users, citizens, persons, associations, corporations and/or companies.
3. Notice of the Hearing shall be published once a week for three consecutive weeks
in the Yellowstone County News, a newspaper that conforms to the requirements
of Mont. Code Ann. § 7-1-4127, and the first such publication shall not be more
than twenty-eight (28) days prior to the hearing and the last publication shall be not
less than three (3) days prior to the hearing, in a form substantially similar to the
Notice of Public Hearing marked and attached hereto as “Exhibit B.”
4. Additionally, the Notice of the Hearing shall be mailed at least seven (7) days and
not more than thirty (30) days prior to the hearing to all persons who are served by
the City's utility. The notice shall contain an estimate of the amount the customer’s
average monthly bill will increase.
Introduced at a regular meeting of the City Council on the 8th day of November 2022
by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
8th day of November 2022.
APPROVED by the Mayor on the 8th day of November 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
40
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 Mayor
October 27, 2022
Re: Proposed Solid Waste Rate Increases to be Considered by the City Council
Dear City of Laurel Resident:
The City of Laurel operates a Solid Waste Division that collects trash from all residential and
commercial properties inside the City limits. The City transports the trash collected to the City of
Billings’ landfill for disposal and must pay a set fee for each ton for disposal at Billings’ landfill.
Increases in disposal fees, along with increased costs of wages, fuel, vehicle repair, and
replacement, necessitate that the City Council considers increasing rates for all properties served
with solid waste collection within the City.
The Solid Waste Division operates based upon the rates and charges it collects, which are included
in the monthly water bills and are not supported by tax dollars. The City strives to keep the rates
as low as possible, while maintaining its ability to serve the residents and business owners within
the City. Unfortunately, the current rates are inadequate to keep up with the City’s expenses and
the need to replace worn-out refuse trucks. A recent refuse truck on order will have to be paid for
with a loan, as the current solid waste reserves would be depleted if the City tried to purchase the
truck outright. The refuse truck on order has a price tag of over $380,000.00 and is needed to
continue making daily trips to Billings to dispose of the trash collected within the City.
Please be advised that the decision to consider a rate increase is not made lightly. As Mayor of the
City of Laurel, I believe having the funds to operate the Solid Waste Department is in the best
interests of the citizens of Laurel.
The attached spreadsheet will give you a detailed explanation of the expenses and the revenues of
the Solid Waste Department, along with projected costs that the City could be facing if the trends
from the last few years are an indication of what we will expect.
For your information, the current residential rate per month and the proposed increases are as
follows:
November 2022 $14.00 per month Current charges
December 2022 $17.00 per month $3.00 per month increase
41
July 2023 $20.00 per month $3.00 per month increase
July 2024 $23.00 per month $3.00 per month increase
July 2025 $25.50 per month $2.50 per month increase
July 2026 $27.50 per month $2.00 per month increase
The Laurel Municipal Code requires that commercial rates will not be less than the annual
residential rates, and those rates are determined by the price per gallon that the residents pay yearly.
Those rates are determined by the level of service commercial accounts require. The commercial
rates are as follows:
November 2022 $0.0327 per gallon per month current charges
December 2022 $0.0392 per gallon per month $0.0065 per gallon increase
July 2023 $0.0461 per gallon per month $0.0069 per gallon increase
July 2024 $0.0531 per gallon per month $0.0070 per gallon increase
July 2025 $0.0588 per gallon per month $0.0057 per gallon increase
July 2026 $0.0634 per gallon per month $0.0046 per gallon increase
The rate increases are necessary to provide for the increased costs to dispose of our trash at the
Billings landfill, pay for increased fuels costs (last year increased by 46%), ongoing maintenance
of current operations, replacement of the refuse trucks, wages of City employees, and to provide
enough funds to build-back depleted reserve funds.
The revenue raised over the next five years is anticipated to be $722,000.00, of which $180,000.00
will go for a refuse truck loan payment, $400,000.00 to purchase another refuse truck, $120,000.00
for the increased cost to dispose of our trash at the Billings’ landfill, and some additional to funds
to pay for wages and reserve fund building.
The City Council will have a public hearing on December 13, 2022, where the proposed rates will
be presented and discussed, and the public will have a chance to comment on the rate increases.
If you have any questions, please contact the City Clerk Treasurer or the Public Works Director at
406-628-7431 or by email at cityclerk@laurel.mt.gov.
Sincerely,
___________________________
David Waggoner, Mayor
42
Residential Rate Increase over 4 Years 7 Months Total Residential Clients = 2918
Fiscal Year
Per
Month
Cost Increase
Increased
Total % Increase
Monthly
Charge
Yearly
Charge Increase/Yr
Revenue
Raised
21-22 14.00$ Current Cost 168.00$
22-23 14.00$ 3.00$ 17.00$ 21.4%17.00$ 204.00$ 36.00$ 60,927.84$
23-24 17.00$ 3.00$ 20.00$ 17.6%20.00$ 240.00$ 36.00$ 105,048.00$
24-25 20.00$ 3.00$ 23.00$ 15.0%23.00$ 276.00$ 36.00$ 105,048.00$
25-26 23.00$ 2.50$ 25.50$ 10.9%25.50$ 306.00$ 30.00$ 87,540.00$
26-27 25.50$ 2.00$ 27.50$ 7.8%27.50$ 330.00$ 24.00$ 70,032.00$
Residential Customers
162.00$ 472,716.00$ Total Increase over the next 4 years 7 months.
Commercial Rate Increase over 4 years 7 Months Total Users 68, same as residential customers
Fiscal Year
Per
month
Cost Increase
Increased
Total % Increase
Monthly
Charge
Yearly
Charge Increase/Yr
Revenue
Raised
21-22 14.00$ Current Cost 168.00$
22-23 14.00$ 3.00$ 17.00$ 21.4%17.00$ 204.00$ 36.00$ 1,419.84$
23-24 17.00$ 3.00$ 20.00$ 17.6%20.00$ 240.00$ 36.00$ 2,448.00$
24-25 20.00$ 3.00$ 23.00$ 15.0%23.00$ 276.00$ 36.00$ 2,448.00$
25-26 23.00$ 2.50$ 25.50$ 10.9%25.50$ 306.00$ 30.00$ 2,040.00$
26-27 25.50$ 2.00$ 27.50$ 7.8%27.50$ 330.00$ 24.00$ 1,632.00$
Commercial 1 - 90 Gallon can picked up once per week.
9,987.84$ Total Increase over the next 4 years 7 months.
Commercial Rate Increase over 4 years 7 Months Total Users - 73, 300 gallons picked up 6 days per week.
Per
Month
Cost Monthly Yearly Revenue
Fiscal Year Per Gallon Increase/per gal Increase Charge Charge Increase/Yr Raised
21-22 0.0327 Current Cost 255.06$ 3,060.72$
22-23 0.0392 0.0065 0.0457$ 305.76$ 3,669.12$ 608.40$ 25,759.66$
23-24 0.0461 0.0069 0.0530$ 359.58$ 4,314.96$ 645.84$ 47,146.32$
24-25 0.0531 0.0070 0.0601$ 414.18$ 4,970.16$ 655.20$ 47,829.60$
25-26 0.0588 0.0057 0.0645$ 458.64$ 5,503.68$ 533.52$ 38,946.96$
26-27 0.0634 0.0046 0.0680$ 494.52$ 5,934.24$ 430.56$ 31,430.88$
Commericial 2 - 300 Gallon Can picked up 6 times per week.
191,113.42$ Total Increase over the next 4 years 7 months.
43
Commercial Rate Increase over 4 years 7 Months Total Users -21, 200 gallons picked up 6 days per week.
Per
Month
Cost Monthly Yearly Revenue
Fiscal Year Per Gallon Increase Increase Charge Charge Increase/Yr Raised
21-22 0.0327 Current Cost 170.04$ 2,040.48$
22-23 0.0392 0.0065 0.0457$ 203.84$ 2,446.08$ 405.60$ 4,940.21$
23-24 0.0461 0.0069 0.0530$ 239.72$ 2,876.64$ 430.56$ 9,041.76$
24-25 0.0531 0.0070 0.0601$ 276.12$ 3,313.44$ 436.80$ 9,172.80$
25-26 0.0588 0.0057 0.0645$ 305.76$ 3,669.12$ 355.68$ 7,469.28$
26-27 0.0634 0.0046 0.0680$ 329.68$ 3,956.16$ 287.04$ 6,027.84$
Commericial 3 - 200 Gallon Can picked up 6 times per week.
36,651.89$ Total Increase over the next 4 years 7 months.
Commercial Rate Increase over 4 years 7 Months Total Users -51, 100 gallons picked up 6 days per week.
Per
Month
Cost Monthly Yearly Revenue
Fiscal Year Per Gallon Increase Increase Charge Charge Increase/Yr Raised
21-22 0.0327 Current Cost 85.02$ 1,020.24$
22-23 0.0392 0.0065 0.0457$ 101.92$ 1,223.04$ 202.80$ 5,998.82$
23-24 0.0461 0.0069 0.0530$ 119.86$ 1,438.32$ 215.28$ 10,979.28$
24-25 0.0531 0.0070 0.0601$ 138.06$ 1,656.72$ 218.40$ 11,138.40$
25-26 0.0588 0.0057 0.0645$ 152.88$ 1,834.56$ 177.84$ 9,069.84$
26-27 0.0634 0.0046 0.0680$ 164.84$ 1,978.08$ 143.52$ 9,759.36$
Commericial 4 -100 Gallon Can picked up 6 times per week.
46,945.70$ Total Increase over the next 4 years 7 months.
Commercial Rate Increase over 4 years 7 Months Total Users -20, 300 gallons picked up once a week.
Per
Month
Cost Monthly Yearly Revenue
Fiscal Year Per Gallon Increase Increase Charge Charge Increase/Yr Raised
21-22 0.0327 Current Cost 42.58$ 510.90$
22-23 0.0392 0.0065 0.0457$ 51.04$ 612.46$ 101.56$ 1,178.05$
23-24 0.0461 0.0069 0.0530$ 60.02$ 720.27$ 107.81$ 2,156.11$
24-25 0.0531 0.0070 0.0601$ 69.14$ 829.63$ 109.37$ 2,187.36$
25-26 0.0588 0.0057 0.0645$ 76.56$ 918.69$ 89.06$ 1,781.14$
26-27 0.0634 0.0046 0.0680$ 82.55$ 990.56$ 71.87$ 1,437.41$
Commericial 5 -300 Gallon Can picked up once a week.
8,740.07$ Total Increase over the next 4 years 7 months.
44
Revenue Increased per year from all users
Year 1 Increase 100,224.42$
Year 2 Increase 176,819.47$
Year 3 Increase 177,824.16$
Year 4 Increase 146,847.22$
Year 5 Increase 120,319.49$
722,034.75$ Total Increase over the next 4 years 7 months.
45
Fiscal Billings Dumping Tons Cost per Wages per Fuel per
Year Fees Dumped Ton Year Year
18-19 154,028.30$ 6791 22.68$ 321,368.00$ 53,035.00$ Actual
19-20 179,996.15$ 6893 26.11$ 263,607.00$ 48,967.00$ Actual
20-21 204,945.35$ 6826 30.02$ 284,405.00$ 49,043.00$ Actual
21-22 233,857.00$ 7086 33.00$ 328,824.00$ 75,514.00$ Actual
22-23 249,781.50$ 7355 35.25$ 335,400.48$ 75,514.00$ Yet to be determined, average based off last years totals estimated at 4%
62%8%55%4%42%
PROJECTED TOTALS IF BILLINGS INCREASE DUMPING FEES BY $2.00 PER TON PER YEAR AND TONAGE CONTINUES TO INCREASE.
23-24 286,837.50$ 7649 37.50$ 342,108.49$
24-25 310,245.00$ 7955 39.00$ 348,950.66$
25-26 339,193.00$ 8273 41.00$ 355,929.67$
26-27 369,972.00$ 8604 43.00$ 363,048.27$
27-28 402,660.00$ 8948 45.00$ 370,309.23$
61%32%20%8%Projected Increase
Fiscal
Year Total Expenses Total Revenue
18-19 869,001.00$ 898,387.00$ Actual
19-20 748,254.00$ 908,145.00$ Actual
20-21 955,491.00$ 935,074.00$ Actual
21-22 1,091,545.00$ 933,748.00$ Actual
22-23 1,235,587.00$ 943,670.00$ Estimate without a rate increase and no garbage truck payment
26%5%
46
Yet to be determined, average based off last years totals estimated at 4%
Estimate without a rate increase and no garbage truck payment
47
File Attachments for Item:
11. Ordinance No. O22-06: An Ordinance Amending Certain Chapters Of Title 12.18 Of The
Laurel Municipal Code Relating To Special Event Permits For The City Of Laurel
48
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
ORDINANCE NO. 022-06
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 12.18 OF THE
LAUREL MUNICIPAL CODE RELATING TO SPECIAL EVENT PERMITS 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 Title 12.18 (Special Event Permits) as noted herein and hereby recommends the
same to the City Council for their full approval.
Chapter 12.18 SPECIAL EVENT PERMITS
12.18.005 Purpose and Definitions.
A. Purpose. The City recognizes community events may provide cultural
enrichment, promote economic vitality, enhance community identity, and create
funding opportunities for service organizations. The purpose of this Chapter is
to establish a coordinated process for managing community events held on City
property to protect the health and safety of event patrons, residents, workers,
and other visitors, and to regulate competing uses of City property. This Chapter
is further intended to create mechanisms for cost recovery that allow the City to
recoup some of the costs associated with community events but which do not
unduly impact the viability of events.
B. Definitions. The following definitions apply to this Chapter:
1. Under this chapter, "Eevent" means and includes, but is not
limited to: parade, gathering, protest, walk, run, demonstration, athletic
event, speech, exhibition or motorcade. This definition also specifically
includes any event that involves assembling or traveling in unison on
any public street, highway, alley, sidewalk or other public way owned,
controlled, or maintained by the City and which either: 1) will impede,
obstruct, impair or interfere with the free use of such public street,
highway, alley, sidewalk, or other public way owned, controlled, or
maintained by the City; or 2) will not comply with normal or usual traffic
regulations or controls. This definition is not all-inclusive, and the term
"event" may be what a "reasonable person" under the circumstances
would believe it means.
(Ord. 07-03 (part), 2007)
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
12.18.010 Requirement to Oobtain Sspecial Eevent Ppermit.
A. It is unlawful for any person to conduct any event in or upon any public
street, highway, sidewalk, or alley, or other public way owned, controlled, or
maintained by or within the in the Ccity of Laurel, or knowingly participate in
any such event, unless and until a special event permit to conduct such event
has been obtained from the Ccity of Laurel.
B. It is unlawful for any person to conduct any event in or upon property
owned, controlled, or maintained by the City of Laurel, or knowingly participate
in any such event, unless and until a special event permit to conduct such event
has been obtained from the City of Laurel if:
1. The event involves more than twenty-five (25) people;
2. The event involves the consumption of alcoholic beverages;
3. The event involves the physical alteration to City property;
4. The event involves vending/solicitation; or
5. If fees are to be collected by the permittee for the event.
C. The following activities are exempt from the special event permit
requirement: funeral processions, lawful picketing on sidewalks when the
number of participants does not substantially impede, obstruct, impair or
interfere with the free use of the sidewalk or the conduct of business, and
activities conducted by a governmental agency acting within its scope of
authority.
(Ord. 07-03 (part), 2007)
12.18.020 Permit Ffees.
Special event permit applicants shall pay a fee upon submittal of the application
for the permit. The fee amount shall be determined by Rresolution passed by the
Ccity of Laurel Ccity Ccouncil. The fee is due upon application for the permit,
and no permit shall issue without the fee being paid prior to issuance except by
express waiver determined by the city councilMayor. The city councilMayor
shall have the authority to waive the permit fee.
The Mayor, with the consultation of City Staff, may also set additional fees
related to specific events, based upon the demands and costs to the City in
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50
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
allowing the event. These additional fees may include, at the Mayor’s
discretion, fees related to cost of providing City services for the event, additional
staffing costs, such as Police, Ambulance, or Fire, crowd control costs, the
provision of garbage receptacles and crowd-monitoring barriers, and other costs
reasonably incurred by the City in allowing an event to be held within the City.
The additional fees shall be invoiced to the applicant upon the conclusion of the
event, and the invoice is due and payable within ten (10) business days of
invoicing by the City. An applicant can request an estimate of the additional
fees prior to issuance of the permit.
(Ord. 07-03 (part), 2007)
12.18.030 Application and Aapproval Pprocess.
A. The application for such permit shall be made in writing on an approved
form available at the Ccity Cclerk-Ttreasurer's office. Any person who wants to
conduct a special event on a Ccity of Laurel street or sidewalk shall apply to the
Ccity for a special event permit at least thirty (30) ten working business days in
advance of the date of the event.
B. The Mmayor may, in his or her discretion, consider any application for
a permit to conduct an event that is filed less than thirty (30)ten businessworking
days prior to the date such event is to be conducted.
C. After review of the application and approval by the Ccity Ppublic
Wworks Ddirector, Cchief of Ppolice, Ffire Cchief, and Aambulance Ddirector,
and City Attorney, and payment of the permit fee by the special event permit
applicant, the Mmayor shall issue the special event permit, if he/she determines
such issuance is in the best interests of the Ccity of Laurel.
D. The Mayor may place reasonable conditions on any special event permit
concerning the time, place or manner of holding the event as is necessary to
coordinate multiple uses of City property, assure preservation of City property,
prevent dangerous, unlawful, or impermissible uses, and protect the safety of
persons and property. Conditions the Mayor may impose include, but are not
limited to:
1. Establishment of an assembly or disbanding area for a parade or
like event;
2. Accommodation of an event's pedestrian and vehicular traffic,
including restricting events to City sidewalks, portions of a City street,
or other public right-of-way and implementation of a parking or
transportation plan;
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+ Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 0.75"
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0", Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 0.75"
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0", Numbered + Level: 1 + Numbering Style: A, B, C, …
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Indent at: 0.75"
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
3. Conditions designed to avoid or lessen interference with public
safety functions and/or emergency service access;
4. Number and type of vehicles, animals, or structures to be
displayed or used in the event and their locations;
5. Provision and use of traffic cones or barricades;
6. Provision or operation of sanitary facilities, including handicap
accessible sanitary facilities;
7. Provision of a waste management plan, and the cleanup and
restoration of the site of the event;
8. Use of sound amplification equipment, and restrictions on the
amount of noise generated by motors and other equipment used in the
course of the event;
9. Manner of providing notice of permit conditions to permit
participants and those businesses or residents who may be directly
affected by the conduct of the event;
10. Reasonable designation of alternate sites, times, dates, or modes
for exercising expressive activity;
11. Obtaining of any and all business licenses or other necessary
permits required by this Code for the sale of food, beverage or other
goods or services at the event;
12. Manner by which alcohol sales and service, if any, shall be
conducted at the event;
13. Limitations on the use of spray paint or chalk paint as directional
cues for participants; and
14. Provisions for public safety and the preservation of public
property such as traffic/pedestrian control, fire safety, the closure of
streets or intersections, the diverting of traffic, etc.
E. Approval for the Permit must be obtained prior to the applicant
beginning any advertising for the event.
(Ord. 07-03 (part), 2007)
12.18.040 Permit Application Ccontents.
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
In order that adequate arrangements may be made for the proper policing of the
event, the application shall contain, at a minimum, the following information:
A. The name of the applicant, the sponsoring organization, and the event
chairperson, and the addresses, and telephone numbers, and email addresses of
each;
B. The purpose of the event, the dates and times when it is proposed to be
conducted, and the route or specific area requested for use or any proposed
alternate event route or deviation from the established route, to include:
1. The location of the assembly area, the location of the disbanding
area, route to be traveled, and
2. The approximate time when the event will gather, from start
toand finish.;
C. C. A plan depicting the placement of temporary structures or facilities on
public property or public rights-of-way and, if the event is a march, parade
or process, a map of the proposed route.
D. A description of the individual vehicles, groups, or bands, including a
description of any music or sound amplification equipment to be used, if
applicable;
ED. A statement regarding whether or not alcohol will be available or served
and a copy of any applicable alcohol license or catering license;
F. A statement of any fees to be charged to participants or spectators in
connection with the special event;
G. The approximate times when assembly for, and disbanding of, the
special event is to take place;
H. Whether the permittee is requested any special signage (to be provided
by the permittee);
I. Insurance information;
J. Whether the permittee will provide any portable toilets;
K. Provisions for trash removal and clean-up, if necessary;
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
L. The anticipated attendance at the event;
M. Whether provisions will need to be made for public safety and the
preservation of public property, such as traffic/pedestrian control, fire safety,
emergency response services, the closure of streets or intersections, the
diverting of traffic, and the like;
N. Any other information reasonably required by the Mayor.
(Ord. 07-03 (part), 2007)
12.18.050 Permit Rrequirements and Cconditions.
A. For all special event permits, the Mmayor may specify any other
additional requirements requested by the city clerk-treasurer, police chief, fire
chief, ambulance director or public works director reasonably necessary for the
protection of persons or property.
B. The Mayor may refer the application to such City departments or
personnel as he or she deems necessary for review, evaluation, investigation and
recommendations regarding approval or disapproval of the application.
CB. Each permittee shall comply with all conditions stated in the special
event permit. Failure by the permittee to comply with all special event permit
conditions may result in revocation of the special event permit. In addition,
failure to comply with the conditions may result in denial of future special event
permits to the permittee that failed to comply.
(Ord. 07-03 (part), 2007)
12.18.060 Insurance and Indemnity.
Sponsoring persons, organizations, companies, corporations or other entities
applying for a special event permit shall hold the Ccity harmless and indemnify
from any and all claims, damages, loses and expenses arising from the special
event. Applicants for a special event permit shall agree in writing to hold
harmless and indemnify the Ccity for any and all claims, lawsuits or liability,
including attorney's fees and costs allegedly arising out of the loss, damage or
injury to persons or personal or public property occurring during the course of
or pertaining to the special event caused by the events sponsoring organizations,
companies, corporations, or other entities, their officers, employees, or agents.
The sponsoring organization shall carry appropriate insurance as recommended
by staffrequired by the City, including comprehensive general liability,
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
automobile liability and/or designated premises liability in the minimum amount
of two one million dollars per occurrence and four two million dollars aggregate
per event or location. and list Tthe Ccity of Laurel must be named as an
additional named insured.
The Mmayor has the authority to waive theis requirements contained in this
Section. Additionally, the Mmayor may require insurance coverage in a higher
or lower amount based upon the type of special event, the number of persons
anticipated to attend the special event, or the anticipated number of persons
participating in the special event.
Each applicant shall execute a hold harmless agreement in a form approved by
the City agreeing to defend, indemnify, and hold harmless the City against
losses and liabilities incurred from the conduct of the applicant or its officers,
employees, and agents. The agreement must be submitted to the Mayor with the
application for a special event permit.
(Ord. 07-03 (part), 2007)
(Ord. No. O14-02, 7-15-2014)
12.18.070 Alcohol.
No sales or soliciting are allowed unless proper licensing is prepared in advance
of the special event.
The applicant must demonstrate that all state and local liquor control regulations
pertaining to the sale and consumption of alcohol have been complied with and
must provide copies of all applicable state and local liquor permits with the
special event application.
Any person, company, corporation, association or other entity conducting a
special event, within Ccity jurisdiction, shall, at the discretion of the Mmayor,
be entitled to a special permit to sell beer and/or alcohol to the patrons of the
special event to be consumed within an enclosure wherein the event is held. The
applicant must specify, in their request for the special event alcohol permit, the
location and size of the area wherein they propose to sell the alcohol. The
Mmayor, at his or /her discretion, may specify the location and size of the area
at the special event where the alcohol may be consumed.
The fee for special event alcohol permit shall be set by City Ccouncil
Rresolution. This fee shall be paid upon presentation of the special event
application along with the special event alcohol permit application to the Ccity
Cclerk-Ttreasurer. If the special event alcohol permit is denied, the Ccity
55
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
Cclerk-Ttreasurer shall refund the special event alcohol permit fee to the
applicant.
If the Ccity has revoked a special event permit of the special event alcohol
permit applicant for any reason within the last five years, the special event
alcohol permit may be denied.
The City Ppolice Ddepartment may revoke the special event alcohol permit if
those in attendance become unruly, if property is damaged, or for other reasons
that adversely affect the public health, safety and welfare of the citizens of
Laurel or those people attending or participating in the special event.
(Ord. 07-03 (part), 2007)
12.18.080 Permit Dduration.
The event permit shall issue with specific delineation of the event length and
proposed time requirements estimated for the event. Only under extreme
conditions or situations shall the event run longer than the proposed length of
time specified in the special event permit, and then only with specific authority
granted by the Mmayor. If the Mmayor permits an extension for time under this
provision, the Ccity Cclerk-Ttreasurer must provide notice to the Ccity of Laurel
Cchief of Ppolice, Ffire Cchief, Ambulance Director, and the Ppublic Wworks
Ddirector.
(Ord. 07-03 (part), 2007)
12.18.090 Issuance of Ppermit.
A. Issuing Permits. The Mmayor shall issue a special event permit,
however, the granting of the permit is contingent upon the applicant signing the
special event permit application. The special event permit must state the
applicant's intent to adhere to the conditions stated in the special event permit
application.
B. Denial of Permit Application. The Mmayor shall deny an application for
a special event permit and shall notify the applicant of such denial when:
1. The Mmayor or other reviewing authority for the Ccity of Laurel
makes any finding contrary to the findings required to be made for the
issuance of a permit, or the Mmayor determines issuance is not in the
best interest of the city; or
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
2. The location, time, route, or magnitude of the event will disrupt
to an unreasonable extent the movement of traffic, either pedestrian or
motor vehicle; or
3. The event requires a significant quantity of law enforcement to
properly control movement of participants and spectators in areas near
or on the event site in such quantity to disable reasonable law
enforcement protection for the spectators, participants and residents of
the Ccity of Laurel; or
4. The special event will disrupt or inhibit with other events
previously granted a special event permit occurring in the Ccity of
Laurel on the same day and time; or
5. The permittee provided false or misleading information in the
special event permit application concerning any relevant data; or
6. The permittee fails to agree, abide by or comply with all
conditions of the special event permit.
7. Upon notice to the permittee of the denial of the special event
permit, the Mmayor must also provide notice of denial of the special
event permit to the Cchief of Ppolice, Ffire Cchief, Aambulance
Ddirector, and to the Ppublic Wworks Ddirector.
(Ord. 07-03 (part), 2007)
12.18.100 Revocation.
The Ccity may revoke any special event permit granted under the terms of this
chapter if it becomes known to the Ccity that the permittee is in any manner
failing to comply with the terms of this chapter. In the event of such revocation,
the person to whom such special event permit was granted shall thereafter be
operating without a special event permit and shall be subject to penalties as
provided in the Ccity of Laurel Municipal Code. The special event permit
granted may be revoked in the manner provided for the revocation of licenses
and permits generally.
If the Mmayor determines that the safety of the public or property requires
revocation of the special event permit due to disaster, public calamity, riot or
other emergency, the special event permit may be summarily revoked by the
Mmayor. Notice of such action revoking a special event permit shall be
delivered in writing to the permittee by personal service or by certified mail, and
notice shall also be provided to the Ccity Cclerk-Ttreasurer, the city of Laurel
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
Cchief of Ppolice, the Ffire Cchief, the Aambulance Ddirector, and the Ppublic
Wworks Ddirector.
(Ord. 07-03 (part), 2007)
12.18.110 Officials to be Nnotified of Ppermit Iissuance.
Immediately upon the Mmayor's approval and issuance of the special event
permit, the Ccity Cclerk-Ttreasurer shall deliver a copy of the permit to the
Cchief of Ppolice, the Ffire Cchief, the Aambulance Ddirector, and the Ppublic
Wworks Ddirector, and the City Attorney.
(Ord. 07-03 (part), 2007)
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
25th day of October 2022, upon Motion by Council Member Herr.
PASSED and ADOPTED by the Laurel City Council on second reading on the 8th day
of November 2022, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the 8th day of November 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
58