HomeMy WebLinkAboutCity Council Packet 02.28.2023
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 28, 2023
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R23-13
NEXT ORD. NO.
O23-01
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 February 14, 2023.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
2. Claims entered through February 24, 2023.
3. Approval of Payroll Register for PPE 2/19/23 totaling $207,222.79.
Ceremonial Calendar
Reports of Boards and Commissions
4. Budget/Finance Committee Minutes of February 14, 2023.
5. Tree Board Minutes of January 19, 2023.
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
1
6. Appointment of Steven Hurd to the Police Commission for the remainder of a three-year
appointment ending April 30, 2024.
7. Resolution No. R23-13: A Resolution Of The City Council Adopting The Transportation
Coordination Plan, Laurel Transit, For The City Of Laurel.
8. Resolution No. R23-14: A Resolution Awarding The Bid And Authorizing The Mayor To
Execute All Contract And Related Documents For Russell Park Landscape Improvements.
9. Resolution No. R23-15: A Resolution Of The City Council Authorizing The Approval Of The
Independent Contractor Service Contract With Forestry Fuels And Fire.
10. Ordinance No. O23-01: An Ordinance Amending Title Six Of The Laurel Municipal Code
(Lmc § 6.16.010) Relating To Prohibited Certain Animals.
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 February 14, 2023.
3
4
5
6
File Attachments for Item:
4. Budget/Finance Committee Minutes of February 14, 2023.
7
8
9
File Attachments for Item:
5. Tree Board Minutes of January 19, 2023.
10
Minutes
City of Laurel
Tree Board
1/19/23
Council Conference Room
Attending: Michelle Mize, Walt Widdis, Paul Kober,Matt Wheeler Phone: LuAnne Engh
1. Public Input
a.
2. General Items
a. November minutes approved –
b. City balance $843 for Arbor Day. School Balance $220 Kurt is working on the DNRC
grant of $750
c. Arbor Day – May 2nd - Heroes for Life by Finley Watts. Walt will see about getting
Finley in the paper closer to Arbor Day to give more exposure to how students are
involved. We’ll also give Finley a gift certificate from the committee.
d. Shirts through Dynamic were quoted at $10.90 each with $3 extra for XXl. Don came
back to say the design requires more colors so it will be higher.
e. Laurel Foundation (Jon Rutt & Dave Bauer) are working on the Foundation
connection. We need a contract signed and then they will upload our information
on the website to collect donations or if people are interested in donating a
memorial tree. LuAnne will apply for the Walmart grant through the Foundation too.
Paul said he would contact Rotary and Cenex for donations.
f. Plaques – If Memorial trees are donated we discussed the plaque with the
information. Walt suggested the family find their own plaque. It was also discussed
that a uniform plaque approved by the committee would be more appealing.
g. Aaron has suggested we plant 5 new trees..most would replace trees that are nearly
gone. Michelle suggested we plant some trees to help shade the new splash pad.
Patrick (our city tree trimmer) could also give advice since he has taken care of the
Thomson trees for several years and did the most recently trimming.
h. We have the tree list from Good Earth Works to consider as well as Rivers Edge.
i. Michelle will contact Richard Close for the Honor guard. Since we have bathrooms
are the park we won’t need the portables.
j. Edie Armstrong said she will make the sloppy joe lunch again with the SOW
committee.
k. LuAnne will ask Lynn to speak again unless the Mayor would like to do the
presentation.
11
l. We need to contact the Laurel PTA for water for the kids unless they bring their own
water bottles where we can have gallon jugs to refill. When it’s cool they don’t use
much water.
3. Old Business
a. The LURA committee has started meeting again. There is also the downtown
committee that wants to improve the downtown storefronts. Hopeful ly ideas
will start flowing again to improve the commercial area.
b. The city is committed to the Splash Pad. $150K is raised and hopefully by March
construction will start.
4. Other Items
a. Volunteer hours – Keep your hours for all meetings, time spent on Arbor Day or any
other project.
b. We only have 3 more meetings before our event. So everyone should be working on
their responsibilities.
Next meeting Thursday, Februar16th - 9:30 Council Conference room
12
File Attachments for Item:
6. Appointment of Steven Hurd to the Police Commission for the remainder of a three-year
appointment ending April 30, 2024.
13
14
File Attachments for Item:
7. Resolution No. R23-13: A Resolution Of The City Council Adopting The Transportation
Coordination Plan, Laurel Transit, For The City Of Laurel.
15
R23-13 Approve Transportation Coordination Plan, Laurel Transit, for the City of Laurel
RESOLUTION NO. R23-13
A RESOLUTION OF THE CITY COUNCIL ADOPTING THE TRANSPORTATION
COORDINATION PLAN, LAUREL TRANSIT, FOR THE CITY OF LAUREL.
WHEREAS, the City of Laurel (hereinafter “the City”) has developed a Transportation
Coordination Plan, Laurel Transit, for the City, to assist its citizens in obtaining and utilizing
public transit, a copy attached hereto and incorporated by reference herein; and
WHEREAS, the City has requested funding for the project through the State of
Montana’s Federal Administration grant; and
WHEREAS, the State of Montana Department of Transportation requires that the City
adopt a Transportation Coordination Plan annually.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana,
Section 1: Approval. The Transportation Coordination Plan, Laurel Transit, for the
City of Laurel, a copy attached hereto and incorporated by reference herein, is hereby adopted.
Section 2: Execution. The Mayor is hereby given authority to execute the
Transportation Coordination Plan, Laurel Transit, for the City of Laurel, on behalf of the City.
Introduced at a regular meeting of the City Council on the 28th day of February, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 28th day of
February, 2023.
APPROVED by the Mayor the 28th day of February, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
16
R23-13 Approve Transportation Coordination Plan, Laurel Transit, for the City of Laurel
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
17
1 | P a g e
TRANSPORTATION COORDINATION PLAN
LAUREL TRANSIT
MONTANA DEPARTMENT OF
TRANSPORTATION
FY-24
Prepared by:
City of Laurel
Kelly Strecker, Clerk/Treasurer
Scheduled for City Council Adoption: February 28, 2023
18
2 | P a g e
Montana Coordination Plan Outline
Adoption by Transportation Advisory Committee:
The relevant transportation providers and agencies are described in more detail.
Laurel Transit:
Laurel Transit (also referred to as the transit system) is working to provide a successful on-
demand service for public transportation within the City limits of Laurel while offering regular
service to Billings. Laurel Transit is looking to contract with as many agencies in the area as
possible to provide expanded service. It is currently not feasible for Laurel to have a fixed route
system; however, accommodations for such a system are being discussed such as bus benches
and signs within the City.
Laurel Transit Schedules:
Laurel Transit operates Monday-Friday 10:00 AM – 4:00 PM. The Billings service route begins at
7:30 and in-town service begins at 10:00 am.
Agencies Involved:
Adult Resource Alliance of Yellowstone County -- ARAYC has partnered with the City of
Laurel to provide the driver for the bus and the cell phone. ARAYC previously operated
the senior bus in Laurel, which was absorbed with the formation of Laurel Transit. The
City works very closely with ARAYC to ensure the level of service delivered through the
senior bus program is continued in Laurel Transit.
Tender Nest Assisted Living—Contact with Tender Nest Assisted Living continues, and
the facility has contracted with the City for vouchers.
COR – There is a plan to include COR in future TAC meetings.
Riverstone Health – The transit system is working to contract demand/response service
for Riverstone Health patients.
19
3 | P a g e
Laurel Senior Center – The Sprinter bus is currently stored in a garage at the Senior
Center. Frequent trips are taken to the senior center for rider vi sits.
Laurel Health and Rehab- Continues to utilize the bus service for transportation
purposes for their clients and residents.
MET- contact with MET in Billings has been made in hopes to grow the Laurel Transit
system and gain new ideas.
Public Involvement:
The Transportation Advisory Committee meets quarterly. Meetings notices are published on
the City of Laurel website and at City Hall. Meetings are open to the general public. For more
participation at TAC meetings, more community outreach will be done to involve public
participation.
Private Sector:
The City of Laurel does not have any private transportation system available.
Needs Assessment and Plan to Increase Ridership:
The Laurel Transit will be starting focus groups this fiscal year in order to determine the needs
of the community and their transit provider. The focus groups will include current riding
members, City staff, other transportation providers, healthcare employers, and other members
from the community. The groups will focus on the current challenges the transit program faces
and get a better idea of how to improve the system. The City was awarded a grant for a new 14-
passenger bus. The date of delivery is still unknown.
The Laurel Transit System has stepped up its ad vertising strategies by designing and distributing
flyers with route information and publishing that flyer in the Laurel Outlook on a regular basis.
There have been talks with the Adult Resource Alliance regarding placing advertisements on the
new transit bus. This type of advertisement may be an option for other local businesses, once
the new transit bus arrives.
Transportation Advisory Committee (TAC) Meetings:
The Laurel TAC meets on a quarterly basis. The TAC is comprised of City staff, community
interested members and representatives from Residential Support Services, the Adult Resource
Alliance of Yellowstone County, and other interested parties. For more participation at TAC
meetings, more community outreach will be done to involve public participation.
20
File Attachments for Item:
8. Resolution No. R23-14: A Resolution Awarding The Bid And Authorizing The Mayor To
Execute All Contract And Related Documents For Russell Park Landscape Improvements.
21
R23-14 Accepting Bid and Authorizing Mayor to Execute Contract Documents for Project Known as Russell Park
Landscape Improvements
RESOLUTION NO. R23-14
A RESOLUTION AWARDING THE BID AND AUTHORIZING THE MAYOR TO
EXECUTE ALL CONTRACT AND RELATED DOCUMENTS FOR RUSSELL PARK
LANDSCAPE IMPROVEMENTS.
WHEREAS, the City of Laurel (hereinafter “the City”) is in need of landscape
improvements for Russell Park (hereinafter “the Project”);
WHEREAS, the City has complied with its procurement policy and Montana law by
utilizing a competitive bid process to ensure the Project cost and firm selected is in the best
interests of the City in both quality and price;
WHEREAS, the City sought bids from qualified firms to complete the Project by
publicly advertising the project pursuant to Montana law;
WHEREAS, the City received a responsive bid from River Ridge Landscape Co.
(hereinafter “River Ridge”) for the Project;
WHEREAS, River Ridge’s bid to complete the project is for the total cost of Three-
Hundred Seventy-One Thousand Five-Hundred Fifty Dollars and no Cents ($371,550.00);
WHEREAS, River Ridge was the lowest qualified bidder, and such bid is attached
hereto and incorporated by reference herein; and
WHEREAS, the City currently possesses adequate funds to complete the Project, and
it is in the City’s best interests to proceed with the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council accepts the bid with River Ridge and the Mayor is authorized
to execute all contract and related documents with River Ridge for the Project, pursuant to the
terms and conditions contained in the attached bid for the total cost of Three-Hundred Seventy-
One Thousand Five-Hundred Fifty Dollars and no Cents ($371,550.00).
Introduced at a regular meeting of the City Council on the 28th day of February, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 28th day of
February, 2023.
APPROVED by the Mayor the 28th day of February, 2023.
22
R23-14 Accepting Bid and Authorizing Mayor to Execute Contract Documents for Project Known as Russell Park
Landscape Improvements
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
23
24
25
26
File Attachments for Item:
9. Resolution No. R23-15: A Resolution Of The City Council Authorizing The Approval Of The
Independent Contractor Service Contract With Forestry Fuels And Fire.
27
R23-15 Approve Independent Contractor Service Contract with Forestry Fuels and Fire
RESOLUTION NO. R23-15
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE APPROVAL OF
THE INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH FORESTRY
FUELS AND FIRE.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract, by and between
the City of Laurel (hereinafter “the City”) and Forestry Fuels and Fire (hereinafter “Forestry
Fuels”), a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Independent
Contractor Service Contract, by and between the City and Forestry Fuels, on behalf of the City.
Introduced at a regular meeting of the City Council on the 28th day of February, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 28th day of
February, 2023.
APPROVED by the Mayor the 28th day of February, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
28
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 28 day of February 2023, between the City of Laurel,
a municipal corporation organized and existing under the laws of the State of Montana whose address
is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Forestry Fuels and Fire, a
contractor licensed to conduct business in the State of Montana, whose address is P.O. Box 80304
Billings, MT 59108 hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated November 1, 2022, attached hereto as Exhibit “A” and by this reference
made part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor
shall complete the services within 60 days of commencing work. The parties may extend the term of
this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the
specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and
Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor six thousand dollars and no cents ($6,000.00) for the work described in
Exhibit A. Any alteration or deviation from the described work that involves extra costs must be
executed only upon written request by the City to Contractor and will become an extra charge over and
above the contract amount. The parties must agree to extra payments or charges in writing. Prior to
final payment, Contractor shall provide City with an invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and
shall not be considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or su b-
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
29
Page 2 of 5
results of this contract. Contractor is solely responsible for all work and work product under this
contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct
the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is
paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and replacement, to correct the defective or
nonconforming condition within a time frame acceptable to the City and at no additional cost to the
City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such
defective or nonconforming condition has been corrected. Contractor warrants the corrective action
taken against defective and nonconforming conditions for a period of an additional one (1) year from
the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of the
types and character of equipment necessary for the work, the types of materials needed and the sources
of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage
and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided,
however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of
such loss shall be placed on the City.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
30
Page 3 of 5
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
31
Page 4 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
32
5 of 5
SIGNED AND AGREED BY BOTH PARTIES ON THE 28th DAY OF FEBRUARY 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Forestry Fuels and Fire
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
33
34
35
File Attachments for Item:
10. Ordinance No. O23-01: An Ordinance Amending Title Six Of The Laurel Municipal Code
(Lmc § 6.16.010) Relating To Prohibited Certain Animals.
36
Ordinance No. 023-_____ LMC § 6.16.010 (Keeping Certain Animals Prohibited)
ORDINANCE NO. 023-_____
AN ORDINANCE AMENDING TITLE SIX OF THE LAUREL MUNICIPAL CODE
(LMC § 6.16.010) RELATING TO PROHIBITED CERTAIN ANIMALS.
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 § 6.16.010 et al as noted herein and hereby recommends the same to the City
Council for their full approval.
6.16.010 Keeping Ccertain Aanimals Pprohibited.
A. No person shall keep swine, chickens, ducks, geese, turkeys, goats, horses,
sheep, cows, mules, or chinchillas within the limits of the Ccity except when
transferring such animals to market or where otherwise allowed within this
Ccode.
B. No person shall keep upon his/her premises more than two cats.
C. No person shall keep or maintain more than three pairs or total of six
pigeons. Persons keeping pigeons shall not allow any barn, shed, cage, yard
or other place wherein such pigeons are kept or housed to become filthy or
offensive to neighbors or passersby, or injurious to the health of any
neighborhood or tend to contaminate the atmosphere in any place in the city,
nor shall the persons suffer or permit such pigeons to make any loud or
continuous noises tending to annoy or disturb any neighbors or
neighborhood. Violations of this Ssubsection are deemed to constitute a
public nuisance under Section 6.16.030 of this Ccode and shall be
punishable as provided in Sections 6.16.030 and 6.08.080 of this Ccode.
D. No person shall keep or maintain more than six rabbits. Persons keeping
rabbits shall not allow any barn, shed, yard or other place wherein such
rabbits are kept or housed to become filthy or offensive to neighbors or
passersby, or injurious to the health of any neighborhood or tend to
contaminate the atmosphere in any place in the Ccity. The rabbits shall be
confined to a pen, cage or fenced yard at all times. Violations of this
Ssubsection are deemed to constitute a public nuisance under Section
6.16.030 of this Ccode and shall be punishable as provided in Sections
6.16.030 and 6.08.080 of this Ccode.
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
37
Ordinance No. 023-_____ LMC § 6.16.010 (Keeping Certain Animals Prohibited)
E. Up to six (6) chicken hens (female Gallus gallus domesticus) may be kept
on a premise subject to the following requirements and subject to all other
applicable provisions of this Code:
1. The chicken hens must be kept on a single-family parcel(s). Chicken
hens are prohibited on any multi-dwelling parcel(s).
2. The owner must obtain an annual permit from the City. The fee(s) for
this permit will be determined by City Council Resolution and may
be periodically adjusted.
3. The chicken hens shall be provided with a covered, predator-proof
chicken house that is thoroughly ventilated, of sufficient size to admit
free movement of the chicken hens, designed to be easily accessed,
cleaned and maintained by the owners, be at least two (2) square feet
per chicken hen in size and the coop and enclosure cannot be more
than twelve (12) feet at its peak in height.
4. No chicken house, outdoor chicken enclosure, or chicken hen shall at
any time be located closer than ten (10) feet to any public right-of-
way, sidewalk, or neighboring property line other than the chicken
owner, custodian, or keeper.
5. The chicken hens shall be shut into the chicken house at night, from
sunset to sunrise.
6. During daylight hours, the adult chicken hens shall have access to the
chicken house and, weather permitting, shall have access to an
outdoor enclosure on the subject property, adequately fenced to
contain the chicken hens and to prevent access to the chicken hens by
predators.
7. Stored feed must be kept in a rodent- and predator-proof container.
8. It is unlawful for the owner, custodian, or keeper of any chicken hen
to allow the animal(s) to be a nuisance to any neighbors, including but
not limited to: noxious odors from the animals or their enclosure.
9. No chicken hen(s) shall be allowed to run at large in the City. No
owner or keeper shall allow or permit any chicken hen(s) to be at large
off the owner's or keeper's property. Any chicken hen(s) found to be
running at large in the City or on private property in violation of this
section is a public nuisance and shall be impounded.
Formatted: Font: Italic
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Indent: Left: 1.17", No bullets or
numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
38
Ordinance No. 023-_____ LMC § 6.16.010 (Keeping Certain Animals Prohibited)
10. No chicken house or chicken enclosure shall be located in a front yard.
11. No chicken hens shall be slaughtered within view of adjacent property
or the public.
12. Changes to the standards contained in this section shall require any
permit holder to comply with any new standard, regulation, or
condition and no notice to a permit holder is required prior to
enforcement of any new standard beyond that required for adoption
of a new or revised ordinance.
1.13. Persons found to have committed a violation of this section shall
be subject to a municipal infraction with civil penalties under Section
6.16.030 of this Code and shall be punishable as provided in Sections
6.16.030 of this Code.
(Ord. 1008, 1992: Ord. 955, 1989: Ord. 930, 1988: prior code § 7.04.020)
(Ord. No. O13-03, 11-19-2013).
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
_____ day of ______________, 2023, upon Motion by Council Member
_____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the _____
day of ______________, 2023, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the _____ day of ______________, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
Formatted: Left, Indent: Left: 0.5", Right: 0", No
bullets or numbering
39
Ordinance No. 023-_____ LMC § 6.16.010 (Keeping Certain Animals Prohibited)
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
40