HomeMy WebLinkAboutCity Council Packet 09.12.2023
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 12, 2023
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R23-72
NEXT ORD. NO.
O23-03
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 August 22, 2023.
Correspondence
2. Police Department Correspondenance August 2023.
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 Secti on 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.
3. Claims entered through September 8, 2023.
4. Approval of Payroll Register for PPE 8/20/2023 totaling $223,989.04.
5. Approval of Payroll Register for PPE 9/3/2023 totaling $241,288.61.
6. Council Workshop Minutes of August 15, 2023.
7. Special Council Workshop Minutes of August 22, 2023.
Ceremonial Calendar
Reports of Boards and Commissions
8. Budget/Finance Committee Minutes of August 22, 2023.
9. Emergency Services Committee Minutes of July 24, 2023.
10. Park Board Minutes of June 8, 2023.
11. Park Board Minutes of July 6, 2023.
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12. Public Works Committee Minutes of June 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
13. Resolution No. R23-72: A Resolution Of The City Council Cancelling The November 7, 2023
General Election Of Certain Municipal Officers.
14. Resolution No. R23-73: A Resolution Of The City Council Declaring Certain City Of Laurel
Property (Firearms And Related Equipment) As “Surplus” Available For Sale Or Trade To The
Public Or Other Governmental Entities Or Vendors.
15. Resolution No. R23-74: A Resolution Of The City Council Approving Rutt Variance Request
LZV-23-01.
16. Resolution No. R23-75: A Resolution Of The City Council Authorizing The Additional
Extension Of Approval Of Application For Special Review For J. Johnson Properties Pursuant
To Resolution Nos. R22-07 And R23-05.
17. Resolution No. R23-76: A Resolution Of The City Council Authorizing The Placement Of A
Stop Sign On The Corner Of Cedar Avenue And S. 4th Street.
18. Resolution No. R23-77: A Resolution Of The City Council Authorizing The Placement Of A
Stop Sign On The Corner Of Idaho Avenue And E. 6th Street.
19. Resolution No. R23-78: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Randall Contracting.
20. Resolution No. R23-79: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Tel Net Systems, Inc.
21. Resolution No. R23-80: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Prorover.
22. Ordinance O23-03: An Ordinance Amending Sections 13.01.010 (Adoption) And 13.01.020
(Updated References) Of The Laurel Municipal Code Related To The Adoption Of The
International Fire Code.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to a ddress 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
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File Attachments for Item:
1. Approval of Minutes of August 22, 2023.
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File Attachments for Item:
2. Police Department Correspondenance August 2023.
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File Attachments for Item:
6. Council Workshop Minutes of August 15, 2023.
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File Attachments for Item:
7. Special Council Workshop Minutes of August 22, 2023.
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File Attachments for Item:
8. Budget/Finance Committee Minutes of August 22, 2023.
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File Attachments for Item:
9. Emergency Services Committee Minutes of July 24, 2023.
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MINUTES
CITY OF LAUREL
EMERGENCY SERVICES COMMITTEE
MONDAY, JULY 24, 2023
The Emergency Services Committee meeting was called to order at 6:00pm on Monday, July 24, 2023,
by Vice-Chair Irv Wilke
Members Present: Irv Wilke- Vice-Chair, Richard Klose, Jodi Mackay, Jim Irwin
Others Present: Police Chief Stan Langve, Ambulance Director Lyndy Gurchiek, Fire Chief JW
Hopper, Troy Charbonneau- Ambulance
Public Input:
General Items
1. Approval of Emergency Services Committee minutes of June 26, 2023. Richard Klose moved to
approve the minutes; Jim Irwin seconded- Motion carried 4-0
New Business
2. Update from Emergency Departments
a. Police Chief Stan Langve
i. Items to note:
1. For the period of 6/24-7/24 there were 1063 calls with 132 crimes
reported – this brings LPD to 5900 ytd. Calls up 9.9% ytd.
2. July 4th was more manageable than years passed. Could be attributed to
the weekday holiday and cooler weather. There were 55 calls and no DUI
arrests
3. Recruitment continues to be a critical issue
4. CJIN audit went “excellent”
5. Fentanyl continues to be a troublesome issue which results in busier
patrols
b. Ambulance Director Lyndy Gurchiek
i. Items to note:
1. Ambulance took 115 calls (missed 19)
2. New ambulance is in service
3. July 4th started busy but was mostly quiet
4. A new hire has started and is doing well
c. Fire Chief JW Hopper- Report attached
i. Items to note:
1. 43 calls
2. New truck expected end of August / early September
3. FD will soon start staffing for DNRC
4. Potential dangerous wild fire season – late start but there’s a lot fuel due
to wet spring / early summer
5. FD received minimal calls on July 4th
Old Business:
116
Will discuss safety mill levy at next meeting
Other Items:
Announcements
3. Next Meeting will be Monday, August 28, 2023, at 6:00pm in Council Chambers
Meeting adjourned
117
File Attachments for Item:
10. Park Board Minutes of June 8, 2023.
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File Attachments for Item:
11. Park Board Minutes of July 6, 2023.
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File Attachments for Item:
12. Public Works Committee Minutes of June 19, 2023.
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File Attachments for Item:
13. Resolution No. R23-72: A Resolution Of The City Council Cancelling The November 7,
2023 General Election Of Certain Municipal Officers.
125
R23-72 Approve Cancellation of General Election for Certain Municipal Officers
RESOLUTION NO. R23-72
A RESOLUTION OF THE CITY COUNCIL CANCELLING THE NOVEMBER 7,
2023 GENERAL ELECTION OF CERTAIN MUNICIPAL OFFICERS.
WHEREAS, Mont. Code Ann. §§ 13-1-403(4) and (5) authorize a municipality to
cancel a General Election for the election of a municipal officer by Resolution after notification
by the County Election Administrator if the number of candidates filing for election is equal or
less than the number of positions to be filled;
WHEREAS, by letter dated September 5, 2023, the City of Laurel received notification
by the Yellowstone County Election Administrator that the following elected Municipal Officer
positions are eligible for cancellation: City Council Ward 3 and City Council Ward 4; and
WHEREAS, pursuant to Mont. Code Ann. § 13-1-403, a Declaration of Intent to be a
Write-In Candidate must have been filed with the Election Administrator by 5 p.m. on the 65th
day before the date of the Election, or September 5, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana that:
1. The City of Laurel City Council hereby cancels the November 7, 2023 General
Election for the following Municipal Officer positions: City Council Ward 3
and City Council Ward 4.
2. The following persons are hereby elected to the following Municipal Officer
positions by acclamation:
City Council Ward 3 Casey Wheeler (4-Year Term)
City Council Ward 4 Jodi Mackay (4-Year Term)
Introduced at a regular meeting of the City Council on the 12th day of September 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 12th day of
September 2023.
APPROVED by the Mayor the 12th day of September 2023.
126
R23-72 Approve Cancellation of General Election for Certain Municipal Officers
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
127
128
129
File Attachments for Item:
14. Resolution No. R23-73: A Resolution Of The City Council Declaring Certain City Of Laurel
Property (Firearms And Related Equipment) As “Surplus” Available For Sale Or Trade To The
Public Or Other Governmental Entities Or Vendors.
130
R23-73 Approve Surplus Items and Sale and Disposal of Such (Firearms and Related Items)
RESOLUTION NO. R23-73
A RESOLUTION OF THE CITY COUNCIL DECLARING CERTAIN CITY OF
LAUREL PROPERTY (FIREARMS AND RELATED EQUIPMENT) AS “SURPLUS”
AVAILABLE FOR SALE OR TRADE TO THE PUBLIC OR OTHER
GOVERNMENTAL ENTITIES OR VENDORS.
WHEREAS, the City of Laurel has inventoried firearms, related equipment, and other
items (hereinafter “the surplus property”) 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 property 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 certain property identified as firearms
and related equipment 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 12th day of September 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 12th day of
September 2023.
APPROVED by the Mayor the 12th day of September 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
131
R23-73 Approve Surplus Items and Sale and Disposal of Such (Firearms and Related Items)
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
132
File Attachments for Item:
15. Resolution No. R23-74: A Resolution Of The City Council Approving Rutt Variance
Request LZV-23-01.
133
R23-74 Approve Rutt Variance Request LZV-23-01
RESOLUTION NO. R23-74
A RESOLUTION OF THE CITY COUNCIL APPROVING RUTT VARIANCE
REQUEST LZV-23-01.
WHEREAS, on July 30, 2023, property owner Jon Rutt submitted a Variance Request
(hereinafter “the Variance” or “Rutt Variance Request LZV-23-01”) on behalf of his business
(Culligan) (hereinafter “the property”) to expand the storage/warehousing component of the
business to vacant property located at 614 West First Street (hereinafter “the Application”);
WHEREAS, the legal description of the property is YOUNGS SECOND
SUBDIVISION, S09, T02 S, R24 E, BLOCK 6, EAST 90 FT LTS 11-15 (17);
WHEREAS, historically, the City of Laurel Central Business District (hereinafter “the
CBD”) allowed for storage/warehousing, but the Laurel Municipal Code has since been
modified to remove storage as a conforming use in the CBD;
WHEREAS, the Application and supporting Information was submitted by the Property
Owner on July 30, 2023;
WHEREAS, the Application was heard by the Planning Board and Zoning Commission
(hereinafter “the Zoning Commission”) on August 16, 2023;
WHEREAS, the Zoning Commission found that the Application and supporting
documentation were sufficient for review;
WHEREAS, the Zoning Commission found that the history of the ownership, expansion
of the business, and the Laurel Municipal Code (as amended) are relevant to this situation;
WHEREAS, the Zoning Commission found that the denial of the variance request
would constitute an unnecessary and unjust invasion of the right of property; this is based upon
the fact that there are a number of other businesses in the CBD that have a warehousing/storage
components that cross lot boundaries;
WHEREAS, the Zoning Commission found that the grant relates to a condition or
situation special and peculiar to the applicant; this is based on the history of the growth and
expansion of the business at the location and crossing lot and public right-of-way boundaries;
WHEREAS, the Zoning Commission found that the basis is something more than a
mere financial loss to the owner as the standard (if applied to all similar properties in the CBD)
would have devastating impacts on all of the owners in the CBD;
134
R23-74 Approve Rutt Variance Request LZV-23-01
WHEREAS, the Zoning Commission found that the hardship was created by someone
other than the owner;
WHEREAS, the Zoning Commission found that the Variance is within the spirit, intent,
purpose, and general plan of the LMC; the intent of the LMC is to ensure compatible land uses
that are mutually beneficial;
WHEREAS, the Zoning Commission found that the Variance would not affect
adversely or injure or result in injustice to others ; in fact, approval of the Variance restores
rights enjoyed by others in the CBD that are denied this owner;
WHEREAS, the Zoning Commission found that the property owner did not own the
property prior to the amendment of the Regulations prohibiting warehousing/storage;
WHEREAS, the Zoning Commission has conducted a Public Hearing on the
Application, weighed the evidence, prepared Findings and Conclusions as required by the
LMC; and
WHEREAS, the Zoning Commission has concluded that the preponderance of the
evidence standard associated with the Rutt Variance Request LZV-23-01 rises to the level of
the DO APPROVE recommendation and forwards the same to the Laurel City Council for
FINAL DECISION and recommends approval of the Variance.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the Rutt Variance Request LZV-23-01 is hereby approved.
Introduced at a regular meeting of the City Council on the 12th day of September 2023
by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
12th day of September 2023.
APPROVED by the Mayor on the 12th day of September 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
135
R23-74 Approve Rutt Variance Request LZV-23-01
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
136
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
Planning Board and Zoning
Commission
ZONING COMMISSION REPORT LZV-23-01
Rutt Variance Request
August 24, 2023
Background:
On July 30, 2023, Jon Rutt submitted a variance request on behalf of his business (Culligan) to expand the
storage/warehousing component of the business to vacant property located at 614 West First Street.
Historically, the Laurel Central Business District (CBD) allowed for storage/warehousing, but the Code was
modified, and storage was removed as a conforming use in the District. The property was acquired on
October 30, 2015.
Legal Description:
YOUNGS SECOND SUBDIVISION, S09, T02 S, R24 E, BLOCK 6, EAST 90 FT LTS 11-15 (17).
Applicable Sections Laurel Zoning Regulations, Title 17 LMC.
17.04.030 - Scope.
A. This title applies to all lands in the incorporated limits of the city; and any additional territory
authorized by either state statutes or the county commissioners.
B. In their interpretation and application, the provisions of this title may be regarded as the minimum
requirements for the protection of the public health, safety, comfort, prosperity and welfare;
C. This title is not intended to abrogate or annul any building permit, certificate of occupancy,
variance or other lawful permit issued prior to the effective date of the ordinances codified in this
title.
17.08.720 - Lot, record.
"Record lot" means land designated as a separate and distinct parcel on a legally recorded subdivision plat
or in a legally recorded deed filed in the records of Yellowstone County, Montana.
17.08.740 - Lot, zoning.
137
"Zoning lot" means a tract of land occupied or to be occupied by a principal building and its accessory
buildings, together with such open spaces and yards as are required under the provisions of this title,
having not less than the minimum area required by this title for a zoning lot in the district in which such
land is situated and having its principal frontage on a street or a permanent, exclusive, nonobstructed
easement of access or right-of-way to a street, not less than twenty feet wide. A "zoning lot" need not
necessarily coincide with a "record lot" as herein defined.
17.08.790 - Nonconforming use.
The use of a building or other structure or of a tract of land which does not conform to the use or
regulations of this title for the district in which it is located, either at the effective date of the ordinance
codified in this title, or as a result of subsequent amendments which may be incorporated into this title.
17.08.880 - Principal use.
"Principal use" means the primary or predominant use to which the property is or may be devoted, and to
which all other uses on the premises are accessory.
17.08.1200 - Variance.
"Variance" means an adjustment in the application of the specific regulations of this title to a particular
piece of property which property, because of special circumstances applicable to it, is deprived of
privileges commonly enjoyed by other properties in the same vicinity or zone.
17.20.020 - Zoning classified in districts.
Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020.
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Accessory buildings or uses incidental and customary to a
permitted residential use and located on the same parcel as
the permitted residential use
A A A A A A A A A
Airports A A
Alcoholic beverages manufacturing and bottling (except
below):
A A
1,500 to 5,000 31-gallon barrels per year SR SR SR A A
Less than 1,500 gallon barrels per year A A A A A
Ambulance service A A A A A A
Antique store A A A A
Appliance - (household) sales and service A A A A A
138
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Assembly halls and stadium SR SR SR SR
Assembly of machines and appliances from previously
prepared parts
SR SR SR SR
Auction house, excluding livestock SR SR A A A
Auction, livestock SR
Automobile sales (new and used) A A A A
Automobile - commercial parking enterprise A A A A A
Automobile and truck repair garage A A A A A
Automobile service station A A A A A A
Automobile wrecking yard SR
Bakery products manufacturing SR A A A
Bakery shops and confectioneries A A A A A
Banks, savings and loan, commercial credit unions A A A A A
Barber and beauty shops A A A A A
Bed and breakfast inns A A A A
Bicycle sales and repair A A A A A
Blueprinting and photostating A A A A A
Boarding and lodging houses A A A A
Boat building and repair A A A
Boat sales new and used A A A A
139
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Boiler works (manufacturing servicing) A
Boiler works (repair and servicing) A A
Book and stationery store A A A A A
Bottling works A A
Bowling alleys A A A A
Brick, tile or terra cotta manufacture A
Bus passenger terminal buildings local and cross country A A A A
Bus repair and storage terminals A A A
Camera supply stores A A A A A
Camps, public SR A A
Car washing and waxing A A A
Car wash - coin operated A A A A A
Cement, lime and plastic manufacture A
Ceramics shop SR A A A A A
Chemical and allied products manufacture A
Child care facilities A A A A
Churches and other places of worship including parish
houses and Sunday school building
A SR A A A A A A
Clinic, animal A A A A A A
Clinics, medical and dental SR A A A A A
140
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Clothing and apparel stores A A A A A
Coal or coke yard A
Cold storage A A A
Colleges or universities A A A A A
Commercial recreation areas SR A A A
Commercial food products, storage and packaging SR A A
Communication towers (commercial) A A A A A A A A SR
Concrete mixing plants and manufacturing of concrete
products
A A
Construction contractors:
Office A A A A A A
Open storage of construction materials or equipment SR A A
Community residential facilities:
Adult foster family care home A A A A
Community group home A A A A
Halfway house A A A A
Youth foster home A A A A
Youth group home A A A A
Nursing, homes, convalescent homes, orphanages, and
charitable institutions
A A A A
Crematorium SR A A SR
141
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Creameries, dairy products manufacturing A A
Creosote manufacturing or treatment plants A
Department stores A A A A
Drug stores A A A A A
Dry kiln A
Dwellings: single-family Manufactured home A A A A A
Class A, Class B, Class C
two family A A A
multiple family A A A
row housing SR SR SR
Eating and drinking establishments:
Cocktail lounge, restaurants, bars and taverns SR SR SR SR
Restaurants (without the sale of alcoholic beverages) A A A AA
Drive-in restaurants SR SR SR
Extractive industries - excavations of sand and gravel SR SR
Farm implements, sales and service A A A
Fat rendering or production of fats and oils SR
Feedlots - livestock A SR
Feed and seed processing and cleaning for retail purposes
Feed and seed - farm and garden retail sales A A A
142
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Fertilizer manufacturing SR
Fertilizer wholesale sales SR SR A
Fertilizer - retail sales A A A
Florist, wholesale sales SR A A A
Florist, retail sales A A A A A
Flour mills SR SR
Food products manufacturing, storage and processing SR SR A
Food stores (retail only) A A A A
Food stores (retail only) - 3000 sq. ft. A A A A A
Foundry A
Frozen food lockers A A A
Fuel oil, gasoline and petroleum products bulk storage or
sale
A A A
Furnace repair and cleaning A A A A
Furniture and home furnishings, retail sales A A A A A
Furriers, retail sales and storage A A A A A
Gambling establishments A A A A
Garbage, offal and animal reduction or processing SR
Garbage and waste incineration SR
Gas storage SR
143
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Gases or liquified petroleum gases in approved portable
metal containers for storage or sale
A A A
Grain elevators A SR SR A
Greenhouses A A A A A
Hardware, appliance and electrical supplies, retail sales A A A A
Hatcheries A SR SR
Heliports SR SR SR SR SR
Hobby and toy stores A A A A A
Hospitals (for the care of human patients) A A A A A
Hospital, animal A SR SR A A A
Hotels A A A
Industrial chemical manufacture except highly corrosive,
flammable or toxic materials
SR
Irrigation equipment sales and service A A A A
Jails and penal institutes A
Janitor service A A A A
Jewelry and watch sales A A A A A
Kennels - commercial A SR A A
Laboratories for research and testing SR A A
Landfills - reclamation or sanitary A
Laundries, steam and drycleaning plants A A
144
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Laundries, steam pressing, drycleaning and dyeing
establishments in conjunction with a retail service counter
under 2500 sq. ft. in size
A A A A A
Laundries, pick up stations A A A A A
Laundries, self-service coin operated A A A A A
Libraries, museums, and art galleries A A A A A A
Lock and gunsmiths A A A A A
Lodges, clubs, fraternal and social organizations provided
that any such club establishment shall not be conducted
primarily for gain
A A A
Lumber yards, building materials, storage and sales A A A
Machine shops SR A A
Manufacturing - light manufacturing not otherwise
mentioned in which no excessive fumes, odors, smoke,
noise or dust is created
SR A A
Heavy manufacturing not otherwise mentioned or blending
or mixing plants
SR SR
Meat processing - excluding slaughter plants SR A
Meat processing, packing and slaughter SR
Medical marijuana cultivation facility or cultivation facility A A
Medical marijuana dispensary or dispensary A
Metal fabrication SR SR A
Motorcycle sales and repair A A A A
145
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Mortuary A A A A A
Motels and motor courts A A A
Music stores A A A A A
Office building, professional government and private office
buildings in which no activity is carried on catering to retail
trade and no stock of goods is maintained for sale
SR SR A A A A A A SR
Office equipment, supplies and service A A A A A
Optician and optical supplies and sales A A A A A
Oxygen manufacturing and/or storage A
Paint and body shops A A A A A
Paint and retail sales A A A A A
Parking, public SR A A A A A A A
Parks, playgrounds, playfields and golf courses, community
center buildings - operated by public agency, neighborhood
or homeowner's association
A SR A
Pawn shops A A A A
Pet shops A A A A A
Photographic studios SR A A A A A
Planing or saw mills A
Post-secondary school A A A A A A A
Prefabricated building materials assembly and manufactures SR A A
Preschool A SR SR SR
146
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Printing, publishing, reproduction and lithography A A A A A
Processing of previously slaughtered meats, including
cutting, wrapping, and freezing by freezer and locker
provisioners
A A A A
Public utilities service installations SR SR SR A A A A A SR
Public utilities storage yard A A A SR
Radio and TV broadcasting stations A A A A A
Radio and TV tower A A A SR
Railroad yard A A
Real estate office A A A A A
Rental service store and yard A A A
Repair and servicing of industrial equipment and machinery A A A
School, commercial A A A A A
Scrap yards - storage and processing A
Secondhand stores and/or antique store A A A A
Sheet metal shops and processing A A
Shoe repair A A A A A
Sign manufacturing, painting and maintenance A A A
Sign
Billboards SR SR SR SR
On premises A SR A A A A A A
147
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Off premises SR SR SR SR SR SR
Slaughterhouse SR SR
Sporting goods sales A A A A
Storage, compartmentalized storage for commercial rent SR SR
Storage and warehouse and yards SR A
Stone cutting, monuments manufacturing and sales SR A
Sugar and sugar beet refining SR
Swimming pools or beaches, public A
Taxi stands A A A A
Theaters, cinema, opera houses A A A
Drive-in theaters SR
Tire recapping and retreading A A A
Trailer and recreational vehicle sales area A A A
Travel trailer park (transient) SR
Truck terminals, repair shops, hauling and storage yards A A A
Water and sewage treatment plant A A
Wholesale and jobbing establishments SR A A
Woodworking shops, millwork SR A A
Zoo, arboretum SR A
17.08.1200 - Variance.
148
"Variance" means an adjustment in the application of the specific regulations of this title to a particular
piece of property which property, because of special circumstances applicable to it, is deprived of
privileges commonly enjoyed by other properties in the same vicinity or zone.
17.60.020 - Land use variances issuance and denial—Determination procedure.
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land
use variances from the terms of the zoning ordinances as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions of the ordinances or
regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be
observed and substantial justice done. The zoning commission shall, after a public hearing, make
a recommendation to the mayor and council concerning the land use variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this title;
6. Unless the variance would not affect adversely or injure or result in injustice to others; and
7. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
17.76.030 - Planning director—Powers and duties.
A. The planning director shall supervise and facilitate the processing of applications for amendments
to the official zoning map, special review applications, and requests for variances. Further, it shall
be his responsibility to present any applications or requests to the appropriate board or
commission.
B. It shall further be the responsibility of the planning director to aid the various boards, commissions
and departments in transmitting recommendations, records and reports to the city council and to
otherwise promote procedural regularity in the administration of this title.
C. The planning director shall not have authority to act in any final reviewing capacity and any
question as to interpretation or enforcement shall be determined by the appropriate board,
commission or department.
Process:
The Application and supporting Information was submitted on July 30, 2023
The application was heard by the Planning Board and Zoning Commission on August 16, 2023.
149
The Application is forwarded to the City Council with a “DO APPROVE” recommendation based on
the following findings and conclusions:
Standard of Review:
o The Zoning Commission Finds that the application and supporting documentation are
sufficient for review;
o The Zoning Commission Finds that the history of the ownership, expansion of the
business, and the Laurel Municipal Code as amended are relevant to this situation;
o The Zoning Commission Finds that the denial of the variance request would constitute an
unnecessary and unjust invasion of the right of property. This is based on the fact that
there are a number of other businesses in the CBD that have a warehousing/storage
component that cross lot boundaries;
o The Zoning Commission Finds that the grant relates to a condition or situation special and
peculiar to the applicant. This is based on the history of the growth and expansion of the
business at the location and crossing lot and public right-of-way boundaries;
o The Zoning Commission Finds that the basis is something more than a mere financial loss
to the owner as the standard if applied to all similar properties in the CBD it would have
devastating impacts on all of the owners in CBD – The regulations should be amended to
correct this injustice;
o The Zoning Commission Finds that the hardship was created by someone other than the
owner. In fact, the change to the LMC was initially intended to prohibit mini storage
warehousing not storage associated with a conforming business in the CBD.
Unfortunately, the text of the regulations does not support the stated intent of the
amendment.
o The Zoning Commission Finds that the variance is within the spirit, intent, purpose and
general plan of this title. The intent of the LMC is to ensure compatible land uses that are
mutually beneficial. The Zoning Change that prohibiting storage/warehousing in the CBD
associated with a conforming business was an UNITENDED consequence.
o The Zoning Commission Finds that the variance would not affect adversely or injure or
result in injustice to others. In fact, approval of the variance restores rights enjoyed by
others in the CBD that are would be denied this owner;
o The Zoning Commission Finds that the property owner DID NOT own the property prior
to the amendment of the Regulations prohibiting warehousing/storage. The Zoning was
changed in 2015 and the property was acquired in 2016. It was noted that the property
has been used as accessory to the conforming business for several years and the issue
only identified when a new structure was proposed to house the ongoing use of the
property for storage.
Conclusions:
150
o The Laurel Planning Staff and/or Contracted Staff have complied with their duties and
authorities under the LMC.
o The Zoning Commission has conducted a Public Hearing on the Application, weighed the
evidence, prepared Findings and Conclusions as required by the LMC.
o The Zoning Commission concludes that the Preponderance of Evidence associated with
the Rutt Variance Request LZV-23-01 rises to the level of the DO APPROVE
recommendation and forwards same to the Laurel City Council for FINAL DECISION.
Respectfully submitted,
Judy Goldsby, President
Laurel – Yellowstone Planning Board and Zoning Commission
151
File Attachments for Item:
16. Resolution No. R23-75: A Resolution Of The City Council Authorizing The Additional
Extension Of Approval Of Application For Special Review For J. Johnson Properties Pursuant
To Resolution Nos. R22-07 And R23-05.
152
R23-75 Authorize Extension of Special Review Approval Pursuant to Resolution Nos. R22-07 and R23-05
RESOLUTION NO. R23-75
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ADDITIONAL
EXTENSION OF APPROVAL OF APPLICATION FOR SPECIAL REVIEW FOR J.
JOHNSON PROPERTIES PURSUANT TO RESOLUTION NOS. R22-07 AND R23-05.
WHEREAS, the City of Laurel (hereinafter “the City”) previously approved the
Application for Special Review (hereinafter “the Application”) for J. Johnson Properties
(hereinafter “the Applicant”), pursuant to Resolution No. R22-07, on February 8, 2022;
WHEREAS, the City thereafter approved an extension of approval of the Application,
pursuant to Resolution No. R23-05, on January 24, 2023;
WHEREAS, the approval of the Application was subject to conditions that have not yet
been completed by the Applicant;
WHEREAS, the conditions included that “[c]onstruction of any improvements to the
site and building must be completed within twelve (12) months of special review approval”;
WHEREAS, the conditions also specified that the Applicant could request an extension,
if necessary;
WHEREAS, the Applicant needs additional time to complete the conditions, and the
Applicant has requested an additional six (6) month extension from the City; and
WHEREAS, the City is agreeable to the Applicant’s request, by way of formally
extending the provisions of Resolution Nos. R22-07 and R23-05 for an additional six (6)
months from the date of this Resolution.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the terms and conditions of Resolution Nos. R22-07 and R23-05 are hereby
extended by six (6) months from the date of this Resolution to allow the Applicant time to meet
the conditions for approval of the Application for Special Review.
Introduced at a regular meeting of the City Council on the 12th day of September 2023
by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
12th day of September 2023.
APPROVED by the Mayor on the 12th day of September 2023.
153
R23-75 Authorize Extension of Special Review Approval Pursuant to Resolution Nos. R22-07 and R23-05
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
154
File Attachments for Item:
17. Resolution No. R23-76: A Resolution Of The City Council Authorizing The Placement Of A
Stop Sign On The Corner Of Cedar Avenue And S. 4th Street.
155
R23-76 Authorize Placement of Stop Sign on Corner of Cedar Avenue and S. 4th Street
RESOLUTION NO. R23-76
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE PLACEMENT OF
A STOP SIGN ON THE CORNER OF CEDAR AVENUE AND S. 4TH STREET.
WHEREAS, the City of Laurel (hereinafter “the City”), pursuant to the
recommendations of City Staff, has determined that traffic flow necessitates the placement of
a Stop Sign on the Corner of Cedar Avenue and S. 4th Street, in Laurel, Montana, in order to
ensure safe and effective flow of traffic; and
WHEREAS, pursuant to LMC 10.08.010, the Laurel Chief of Police is authorized to
“place and maintain traffic control devices” upon all City streets that are deemed necessary to
regulate, warn, or guide traffic, under the direction of the City Council.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the Chief of Police and/or his designee is hereby authorized to place a Stop Sign
on the Corner of Cedar Avenue and S. 4th Street, in order to regulate, warn, or guide traffic
through that intersection.
Introduced at a regular meeting of the City Council on the 12th day of September 2023
by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
12th day of September 2023.
APPROVED by the Mayor on the 12th day of September 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
156
R23-76 Authorize Placement of Stop Sign on Corner of Cedar Avenue and S. 4th Street
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
157
File Attachments for Item:
18. Resolution No. R23-77: A Resolution Of The City Council Authorizing The Placement Of A
Stop Sign On The Corner Of Idaho Avenue And E. 6th Street.
158
R23-77 Authorize Placement of Stop Sign on Corner of Idaho Street and E. 6th Street
RESOLUTION NO. R23-77
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE PLACEMENT OF
A STOP SIGN ON THE CORNER OF IDAHO AVENUE AND E. 6TH STREET.
WHEREAS, the City of Laurel (hereinafter “the City”), pursuant to the
recommendations of City Staff, has determined that traffic flow necessitates the placement of
a Stop Sign on the Corner of Idaho Avenue and E. 6th Street, in Laurel, Montana, in order to
ensure safe and effective flow of traffic; and
WHEREAS, pursuant to LMC 10.08.010, the Laurel Chief of Police is authorized to
“place and maintain traffic control devices” upon all City streets that are deemed necessary to
regulate, warn, or guide traffic, under the direction of the City Council.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the Chief of Police and/or his designee is hereby authorized to place a Stop Sign
on the Corner of Idaho Avenue and E. 6th Street, in order to regulate, warn, or guide traffic
through that intersection.
Introduced at a regular meeting of the City Council on the 12th day of September 2023
by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
12th day of September 2023.
APPROVED by the Mayor on the 12th day of September 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
159
R23-77 Authorize Placement of Stop Sign on Corner of Idaho Street and E. 6th Street
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
160
File Attachments for Item:
19. Resolution No. R23-78: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Randall Contracting.
161
R23-78 Approve Randall Contracting SSC
RESOLUTION NO. R23-78
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH
RANDALL CONTRACTING.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract with Randall
Contracting, for remodel work to be performed at City Hall for the move of the Laurel City
Court, 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 with Randall Contracting, on behalf of the City.
Introduced at a regular meeting of the City Council on the 12th day of September, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 12th day of
September, 2023.
APPROVED by the Mayor the 12th day of September, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
162
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 12th day of September 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 Randall
Contracting, a contractor licensed to conduct business in the State of Montana, whose address is P.O.
Box 66, Laurel, MT 59044, 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 August 2, 2023, 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 fifteen thousand nine hundred forty-four dollars and no cents
($15,944.00) 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 sub-
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contracts in any dealings between Contractor and any third parties. The City is interested solely in the
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 materials 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 v erify 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.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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 m erit 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.
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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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF SEPTEMBER 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Randall Contracting
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
167
168
169
File Attachments for Item:
20. Resolution No. R23-79: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Tel Net Systems, Inc.
170
R23-79 Approve Tel Net Systems SSC
RESOLUTION NO. R23-79
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH TEL
NET SYSTEMS, INC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract with Tel Net
Systems, Inc., for cabling and conduit work to be performed at City Hall for the move of the
Laurel City Court, 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 with Tel Net Systems, Inc., on behalf of the City.
Introduced at a regular meeting of the City Council on the 12th day of September, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 12th day of
September, 2023.
APPROVED by the Mayor the 12th day of September, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
171
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 12th day of September 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 Tel Net Systems
Inc., a contractor licensed to conduct business in the State of Montana, whose address is 547 S. 20th St.
W Suite 2, Billings, MT 59102, 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 August 22, 2023, 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 seven thousand two hundred seventy-five dollars and fifty-eight cents
($7,275.58) 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 sub-
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contracts in any dealings between Contractor and any third parties. The City is interested solely in the
results of this contract. Contractor is solely responsible for all work and work product under t his
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 materials 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.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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 m erit 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.
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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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF SEPTEMBER 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Tel Net Systems, Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
176
177
178
File Attachments for Item:
21. Resolution No. R23-80: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Prorover.
179
R23-80 Approve Prorover SSC
RESOLUTION NO. R23-80
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH
PROROVER.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract with Prorover for
removal of two cottonwood trees in Riverside Park that were damaged during a storm, 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 with Prorover; on behalf of the City.
Introduced at a regular meeting of the City Council on the 12th day of September, 2023,
by Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel the 12th day of
September, 2023.
APPROVED by the Mayor the 12th day of September, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 12th day of September 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 Prorover, a
contractor licensed to conduct business in the State of Montana, whose address is 501 South 30th Street,
Billings, MT 59101, 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 July 31, 2023, 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 nine thousand four hundred dollars and no cents ($9,400.00) 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 personne l 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 sub -
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
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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 materials 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
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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 t he 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.
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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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 12th DAY OF SEPTEMBER 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Prorover
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
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186
File Attachments for Item:
22. Ordinance O23-03: An Ordinance Amending Sections 13.01.010 (Adoption) And 13.01.020
(Updated References) Of The Laurel Municipal Code Related To The Adoption Of The
International Fire Code.
187
Ordinance No. 023-03 Amend Title 13 (Adoption of International Fire Code)
ORDINANCE NO. 023-03
AN ORDINANCE AMENDING SECTIONS 13.01.010 (ADOPTION) AND 13.01.020
(UPDATED REFERENCES) OF THE LAUREL MUNICIPAL CODE RELATED TO
THE ADOPTION OF THE INTERNATIONAL FIRE CODE.
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 § 13.010.010 and 13.010.020, as noted herein, and hereby recommends the
same to the City Council for their full approval.
13.01.010 Adoption.
The City of Laurel hereby adopts by reference per MCA 7-5-4202(1) and 7-33-
4208 the International Fire Code, 202112 edition as modified by the
Administrative Rules of Montana (ARM) 23.12.601 (1) through (5), and
23.12.603, 23.12.605 as the Ffire Ccode of the Ccity of Laurel. It regulates and
governs the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life and property in the
occupancy of buildings and premises as herein provided; provides for the
issuance of permits and collection of fees therefor; and each and all regulations,
provisions, penalties, conditions, and terms of said Ffire Ccode on file in the
office of the Laurel City Clerk-Treasurer are hereby referred to, adopted, and
made a part hereof, as if fully set out, with the additions, insertions, deletion and
changes, if any, set by ordinance.
(Ord. No. 008-07, 7-15-08; Admin. Order AO-15-01 § 5, 2-24-2015; Ord. No.
O21-01, 1-26-2021)
13.01.020 Updated Rreferences.
The International Fire Code, 202112 edition, as published by the International
Code Council as referenced in section 13.01.010 of this Cchapter, may be
amended by Rresolution or Aadministrative Oorder of the Mmayor.
(Ord. No. 008-07, 7-15-08; Admin. Order AO-15-01, § 5, 2-24-2015; Ord. No.
O21-01, 1-26-2021)
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
188
Ordinance No. 023-03 Amend Title 13 (Adoption of International Fire Code)
Introduced and passed on first reading at a regular meeting of the City Council on the
12th day of September 2023, upon Motion by Council Member _____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the 26th day
of September 2023, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the 26th day of September 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
189