HomeMy WebLinkAboutCity Council Packet 07.08.2025
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, JULY 08, 2025
6:30 PM
COUNCIL CHAMBERS
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.
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 June 24, 2025.
Correspondence
2. Police Monthly Report - June 2025
Council Disclosure of Ex Parte Communications
Public Hearing
3. Annexation Of City Owned Park Land That Is Contiguous To The City Limits, Such
Annexation To Include All Of The Adjacent And Adjoining Rights-Of-Way Of The Annexed
Property.
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
4. Claims entered through June 20, 2025.
5. Claims entered through July 3, 2025.
6. Approval of Payroll Register of PPE 6/8/2025 totaling $279,250.12.
7. Approval of Payroll Register for PPE 6/22/2025 totaling $255,028.12.
Ceremonial Calendar
Reports of Boards and Commissions
8. Budget/Finance Committee Minutes of June 24, 2025.
9. Emergency Services Committee Minutes of June 23, 2025.
1
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
10. Resolution No. R25-44: Resolution Of Annexation Of City Owned Park Land That Is
Contiguous To The City Limits, Such Annexation To Include All Of The Adjacent And
Adjoining Rights-Of-Way Of The Annexed Property, In Yellowstone County, Montana, And
Amending Previous Resolutions Nos. R12-79 And R12-90.
11. Resolution No. R25-45: A Resolution Of The City Council Authorizing The Mayor To Execute
An Emergency Services Mutual Aid Agreement By And Between The City Of Laurel And The
Joliet Emergency Services Department, Inc.
12. Resolution No. R25-46: A Resolution Approving A Memorandum Of Understanding By And
Between The City Of Laurel And Local Union Local 303, American Federation Of State,
County, And Municipal Employees, AFSCME.
13. Resolution No. R25-47: A Resolution Of The City Council Authorizing The Mayor To Execute
The Agreement Between The City Of Laurel And The Yellowstone Valley Animal Shelter, For
The Provision Of Animal Shelter Services.
14. Resolution No. R25-48: A Resolution Of The City Council Approving Variance From
Requirement To Install Curb And Gutter Improvements At Property Located In The City Of
Laurel, Montana.
15. Resolution No. R25-49: Resolution Of City Council Approving Final Annexation For A
Portion Of Lot 7a-1, Of The Amended Plat Of Tracts 6A And 7A, Of The Amended Plat Of
Tracts 6 And 7, Of Westbrooks Subdivision, Yellowstone County, Montana.
16. Ordinance No. R25-01: An Ordinance Amending Chapter 12.28 (Park Rules And Regulations)
And Repealing Chapter 12.32 (Trees And Boulevards) Of The Laurel Municipal 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 address the Council regarding community
announcements. The duration for an individual speaking under Co mmunity 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 w hich 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 th e 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.
2
File Attachments for Item:
1. Approval of Minutes of June 24, 2025.
3
4
5
6
7
8
File Attachments for Item:
2. Police Monthly Report - June 2025
9
Page 1 of 5
Total Calls Printed on July 1, 2025
[CFS Date/Time] is between '2025-05-19 13:16' and '2025-06-23 10:25' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 17 17
: Agency Assist 61 61
: Alarm - Burglary 11 11
: Alarm - Fire 6 6
AMB : Ambulance 112 112
: Animal Complaint 11 11
: Area Check 6 6
: Assault 3 3
: Bad Checks 0 0
: Barking Dog 7 7
: Bomb Threat 0 0
: Burglary 0 0
: Child Abuse/Neglect 4 4
: Civil Complaint 20 20
: Code Enforcment Violation 31 31
: Community Integrated Health 4 4
10
Page 2 of 5
Code : Description
Totals
: Counterfeiting 0 0
: Criminal Mischief 5 5
: Criminal Trespass 25 25
: Cruelty to Animals 5 5
: Curfew Violation 6 6
: Discharge Firearm 0 0
: Disorderly Conduct 11 11
: Dog at Large 52 52
: Dog Bite 4 4
DUI : DUI Driver 13 13
: Duplicate Call 9 9
: Escape 0 0
: Family Disturbance 17 17
: Fight 1 1
FIRE : Fire or Smoke 19 19
: Fireworks 0 0
: Forgery 0 0
: Found Property 17 17
: Fraud 7 7
: Harassment 9 9
: Hit & Run 4 4
11
Page 3 of 5
Code : Description
Totals
: ICAC 0 0
: Identity Theft 1 1
: Indecent Exposure 1 1
: Insecure Premises 9 9
: Intoxicated Pedestrian 4 4
: Kidnapping 0 0
: Littering 1 1
: Loitering 7 7
: Lost or Stray Animal 12 12
: Lost Property 5 5
: Mental Health 5 5
: Missing Person 3 3
: Noise Complaint 3 3
: Open Container 0 0
: Order of Protection Violation 4 4
: Parking Complaint 11 11
: Possession of Alcohol 1 1
: Possession of Drugs 2 2
: Possession of Tobacco 0 0
: Privacy in Communications 1 1
: Prowler 0 0
12
Page 4 of 5
Code : Description
Totals
: Public Assist 76 76
: Public Safety Complaint 16 16
: Public Works Call 18 18
: Report Not Needed 6 6
: Robbery 0 0
: Runaway Juvenile 1 1
: Sexual Assault 4 4
: Suicide 0 0
: Suicide - Attempt 1 1
: Suicide - Threat 4 4
: Suspicious Activity 69 69
: Suspicious Person 25 25
: Theft 24 24
: Threats 8 8
: Tow Call 1 1
: Traffic Accident 21 21
: Traffic Hazard 10 10
: Traffic Incident 25 25
: TRO Violation 3 3
: Truancy 0 0
T/S : Traffic Stop 97 97
13
Page 5 of 5
Code : Description
Totals
: Unattended Death 2 2
: Unknown - Converted 0 0
: Unlawful Transactions w/Minors 0 0
: Unlawful Use of Motor Vehicle 1 1
: Vicious Dog 8 8
: Warrant 15 15
: Welfare Check 22 22
Totals 1024 1024
14
File Attachments for Item:
8. Budget/Finance Committee Minutes of June 24, 2025.
15
16
File Attachments for Item:
9. Emergency Services Committee Minutes of June 23, 2025.
17
18
19
20
21
22
23
24
25
26
27
28
File Attachments for Item:
10. Resolution No. R25-44: Resolution Of Annexation Of City Owned Park Land That Is
Contiguous To The City Limits, Such Annexation To Include All Of The Adjacent And
Adjoining Rights-Of-Way Of The Annexed Property, In Yellowstone County, Montana, And
Amending Previous Resolutions Nos. R12-79 And R12-90.
29
R25-44 Final Annexation of City Owned Parkland
RESOLUTION NO. R25-44
RESOLUTION OF ANNEXATION OF CITY OWNED PARK LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS, SUCH ANNEXATION TO INCLUDE ALL
OF THE ADJACENT AND ADJOINING RIGHTS-OF-WAY OF THE ANNEXED
PROPERTY, IN YELLOWSTONE COUNTY, MONTANA, AND AMENDING
PREVIOUS RESOLUTIONS NOS. R12-79 AND R12-90.
WHEREAS, pursuant to Resolution Nos. R12-79 and R12-90, the City previously
noticed its intent to annex City Park Land, commonly known and referred to as the Jake and
Lois Bernhardt Parkway and described by the attachment attached hereto, that is contiguous to
the City limits as defined by Montana law at Mont. Code Ann. § 7-2-4401;
WHEREAS, the City Council adopted a Resolution of Intent at a regular meeting of the
City Council on September 18, 2012, and the City Clerk provided notice to the public, and for
a period of twenty (20) days after said publication, the City Clerk accepted written comments
from registered voters in the area approving or disapproving the proposed annexation;
WHEREAS, a public hearing was held on October 16, 2021, and no objections to
annexation were heard;
WHEREAS, the annexation was approved by the City Council on September 18, 2012;
WHEREAS, the approval of such annexation contained the incorrect legal description
for the property to be annexed;
WHEREAS, in order to correct the error in the legal description, the Mayor of the City
of Laurel has recommended that the City Council be presented with accurate annexation
Resolutions, to properly annex the property according to its correct legal description;
WHEREAS, the Mayor of the City of Laurel has specifically authorized the annexation
of Block 14 Lots 1, 2, 3, 4, 5, 6 of Laurmac Subdivision Amended, city-owned lands adjacent
to the City of Laurel, along with the adjacent rights-of-way, to become part of the jurisdiction
of the City of Laurel, Montana;
WHEREAS, the Mayor of the City of Laurel has also specifically authorized that the
ownership of these lots be recorded with the Clerk and Recorder of Yellowstone County as
Documents Nos. 3628830 and 3628831 (Copies of the Recorded Quitclaim Deeds are attached
hereto);
WHEREAS, a Notice of Intent to Annex has been approved by City Council, and proper
public notice was provided by the City of Laurel; and
30
R25-44 Final Annexation of City Owned Parkland
WHEREAS, the following historical information is relevant to this annexation and
hereby incorporated herein:
1. Pursuant to MCA §7-2-4403, the Mayor of the City of Laurel petitioned the
City Council, by letter dated September 11, 2012, to annex the City owned
park land that is legally described as attached hereto;
2. The parcel is commonly known and referred to as the Jake and Lois
Bernhardt Parkway and is owned entirely by the City of Laurel and as shown
on the attached map, the parcel is adjacent to West 12th Street and contiguous
to the City limits as defined by Montana Law at Mont. Code Ann. § 7-2-
4401;
3. In order to annex the property, pursuant to Mont. Code Ann. § 7-2-4402 et.
seq., the City Council must first adopt a Resolution of Intent to annex the
contiguous government land for inclusion within the boundaries of the City
of Laurel, in addition to advertising and conducting a public hearing on the
proposed annexation;
4. Montana law also requires municipalities include the full width of any public
rights-of-way adjacent to the property being annexed; therefore, pursuant to
Mont. Code Ann. § 7-2-4211, the City has included the full width of the
adjacent public rights-of-way including but not limited to the currently non-
annexed portion of West 12th Street within the annexation boundary; and
5. The City Council acknowledges that upon annexation of the property and
public rights-of-way, the City must provide services for the annexed
property as required by Mont. Code Ann. §7-2-4409.
NOW, THEREFORE, BE IT RESOLVED pursuant to Mont. Code Ann. § 7-2-4404,
the City Council of the City of Laurel, Montana, hereby adopts the Resolution of Annexation
approving the annexation of the governmental property contiguous to the City of Laurel
described in the attached Exhibit and consistent with the previous Resolutions already approved
by City Council;
BE IT FURTHER RESOLVED, the annexation is further reflected and shown on
Exhibit A, attached hereto and hereby incorporated herein, as contained in the records in the
office of the Clerk and Recorder of Yellowstone County;
BE IT FURTHER RESOLVED, the City Council held a public hearing on the
annexation on the 8th day of July, 2025, at 6:30 p.m.;
BE IT FURTHER RESOLVED, as follows:
31
R25-44 Final Annexation of City Owned Parkland
1. That the incorporated boundaries of the City of Laurel shall be and the same hereby
is extended and/or expanded to include the territory described.
2. This Resolution shall be incorporated into the official minutes of the City Council,
and upon said incorporation, the City Clerk-Treasurer shall file a true and correct
certified copy of this Resolution and Meeting Minutes with the Yellowstone County
Clerk and Recorder.
3. From and after the date that the City Clerk-Treasurer files such certified copy of this
Resolution and of the City Council Meeting Minutes with the Yellowstone County
Clerk and Recorder, this Annexation of the above-described territory to the City of
Laurel shall be deemed complete and final.
Introduced at a regular meeting of the City Council on the 8th day of July 2025, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of July
2025.
APPROVED by the Mayor the 8th day of July 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
32
RESOLUTION NO. R25-37
RESOLUTION OF INTENT TO EXTEND THE CITY BOUNDARIES OF THE CITY
OF LAUREL BY ANNEXING A PARCEL OF CITY OWNED PARK LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS, SUCH ANNEXATION TO INCLUDE ALL
OF THE ADJACENT AND ADJOINING RIGHTS-OF-WAY OF THE ANNEXED
PROPERTY, IN YELLOWSTONE COUNTY, MONTANA,AND AMENDING
PREVIOUS RESOLUTIONS NOS. R12-79 AND R12-90.
WHEREAS, pursuant to Resolution Nos. R12-79 and R12-90, the City previously
noticed its intent to annex City Park Land, commonly known and referred to as the Jake and
Lois Bernhardt Parkway and described by the attachment attached hereto, that is contiguous to
the City limits as defined by Montana law at Mont. Code Ann. § 7-2-4401;
WHEREAS,the City Council adopted a Resolution of Intent at a regular meeting of the
City Council on September 18, 2012, and the City Clerk provided notice to the public, and for
a period of twenty (20) days after said publication, the City Clerk accepted written comments
from registered voters in the area approving or disapproving the proposed annexation;
WHEREAS, a public hearing was held on October 16, 2012, and no objections to
annexation were heard;
WHEREAS, the annexation was approved by the City Council on November 6, 2012;
WHEREAS, the approval of such annexation contained the incorrect legal description
for the property to be annexed;
WHEREAS, in order to correct the error in the legal description, the Mayor of the City
of Laurel has recommended that the City Council be presented with accurate annexation
Resolutions, to properly annex the property according to its correct legal description;
WHEREAS,the Mayor of the City of Laurel has specifically authorized the annexation
of Block 14 Lots 1, 2, 3, 4, 5, 6 of Laurmac Subdivision Amended, city-owned lands adjacent
to the City of Laurel, along with the adjacent rights-of-way, to become part of the jurisdiction
of the City of Laurel, Montana;
WHEREAS, the Mayor of the City of Laurel has also specifically authorized that the
ownership of these lots be recorded with the Clerk and Recorder of Yellowstone County as
Documents Nos. 3628830 and 3628831 (Copies of the Recorded Quitclaim Deeds are attached
hereto);
WHEREAS, the following historical information is relevant to this annexation and
hereby incorporated herein:
R25-37 Annexation of City Owned Parkland 33
1. Pursuant to MCA §7-2-4403,the Mayor of the City of Laurel petitioned the
City Council, by letter dated September 11, 2012, to annex the City owned
park land that is legally described as attached hereto;
2. The parcel is commonly known and referred to as the Jake and Lois
Bernhardt Parkway and is owned entirely by the City of Laurel and as shown
on the attached map,the parcel is adjacent to West 12th Street and contiguous
to the City limits as defined by Montana Law at Mont. Code Ann. § 7-2-
4401;
3. In order to annex the property, pursuant to Mont. Code Ann. § 7-2-4402 et.
seq., the City Council must first adopt a Resolution of Intent to annex the
contiguous government land for inclusion within the boundaries of the City
of Laurel, in addition to advertising and conducting a public hearing on the
proposed annexation;
4. Montana law also requires municipalities include the full width of any public
rights-of-way adjacent to the property being annexed;therefore,pursuant to
Mont. Code Ann. § 7-2-4211, the City has included the full width of the
adjacent public rights-of-way including but not limited to the currently non-
annexed portion of West 121h Street within the annexation boundary; and
5. The City Council acknowledges that upon annexation of the property and
public rights-of-way, the City must provide services for the annexed
property as required by Mont. Code Ann. §7-2-4409.
NOW, THEREFORE, BE IT RESOLVED pursuant to Mont. Code Ann. § 7-2-4404,
the City Council of the City of Laurel, Montana, hereby adopts the Resolution of Intent
providing notice to the citizens of Laurel and nearby property owners that the City Council
intends to annex the governmental property contiguous to the City of Laurel described in the
attached Exhibit and consistent with the previous Resolutions already approved by City
Council;
BE IT FURTHER RESOLVED,the proposed annexation is further reflected and shown
on Exhibit A, attached hereto and hereby incorporated herein, as contained in the records in the
office of the Clerk and Recorder of Yellowstone County;
BE IT FURTHER RESOLVED, the City Council shall hold a public hearing on the
proposed annexation on the 8th day of July 2025, at 6:30 p.m.; and
BE IT FURTHER RESOLVED, upon adoption of this Resolution of Intent, the City
Clerk shall publish notice to the public, at least once a week for two successive weeks, and the
notice shall state that this Resolution of Intent has been duly and regularly passed and for a
period of twenty (20) days after the first publication of the notice, the City Clerk shall accept
R25-37 Annexation of City Owned Parkland 34
written expressions of approval or disapproval of the proposed alterations of the boundaries of
the City. Further the notice shall contain the date and time scheduled for the public hearing on
the proposed annexation.
Introduced at a regular meeting of the City Council on the l Oth day of June 2025, by
Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel the 10,' day of
June 2025.
APPROVED by the Mayor the 101h day of June 2025.
0wm1111"'
y,OF(gG,,,
oy%F'.,''
V'`
Q``•'
i
ITY OF LAUR E
Q
Da aggoner,
UNT
Ar1n11111"
O
ATTEST:
St r, Clerk-Treasurer
APPROVED AS TO FORM:
lC c L f
Michele L. Braukmann, Civil City Attorney
R25-37 Annexation of City Owned Parkland 35
recorded,When
City of Laure
return to: I IIIII(IIII IIIIII IIIIII II1II II IIIIIIII III IIIII IIII IIII Page: I of 2
3628831
00/2912012 P
P.O.Box 10 Yellowstone county GCD 14 mm
Laurel,MT 59044
QUIT CLAIM DEED
THIS INDENTURE, made the $ ' day of J"h e 2012, between the
RICHMOND FAMILY TRUST,43781 Pocahontas Road,Baker City,Oregon 97814,Grantor,and
the CITY OF LAUREL,P.O.Box 10,Laurel,Montana 59044,Grantee;
WITNESSETH: That Grantor for a valuable consideration to them in hand paid by Grantee,
the receipt of which is hereby acknowledged, do hereby convey, remise, release and forever
quitclaim unto the said Grantee,all right, title and interest in and to the following described real
estate,situated in the County of Yellowstone,State of Montana,which Grantor has in land more
particularly described as follows:
Laurmac Subdivision Amended,S09,T02 S,R24 E,BLOCK 14,Lot 1 -3,amended.
Together with all rights-of-way, tenements, hereditaments and appurtenances thereto
I belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits
thereof; and also all of the estate, right, title, interest, property, possession, claim,and demand
whatsoever as well in law as in equity,of Grantor,of, in or to the said premises and every part and
parcel thereof.
TO HAVE AND TO HOLD all and singular the said premises,with the appurtenances
thereto belonging,unto the said property of the Grantee and to his heirs and assigns forever.
IN WITNESS WHEREOF,the grantor has executed this instrument the day and year first
written above.
RICHMOND FAMILY TRUST
By:ARichm ond/'T'
I By:
Robert Richmond ;,(,A&Aee
ji
l
i
I
1
36
PWhenCity.
O.
f Laurel
x 10
td,return to:
I IIIIII IIIII IIII IIIII IIII 1I IINII I III IIIII IIII IIII 3628830
of 2
Laurel,MT 59044 vo:lo itcre County aCD 1.
QUIT CLAIM DEED
THIS INDENTURE, made the 5-
fl
day of jit r%e 2012, between the
RICHMOND FAMILY TRUST,43781 Pocahontas Road,Baker City,Oregon 97814,Grantor,and
the CITY OF LAUREL,P.O.Box 10,Laurel,Montana 59044,Grantee;
WITNESSETH: That Grantor for a valuable consideration to them in hand paid by Grantee,
the receipt of which is hereby acknowledged, do hereby convey, remise, release and forever
quitclaim unto the said Grantee,all right,title and interest in and to the following described real
estate,situated in the County of Yellowstone, State of Montana, which Grantor has in land more
particularly described as follows:
Laurmac Subdivision Amended,S09,T02 S,R24 E,BLOCK 14,Lot 4-6,amended.
Together with all rights-of-way, tenements, hereditaments and appurtenances thereto
belonging.and the reversion and reversions,remainder and remainders, rents, issues and profits
jthereof, and also all of the estate, right, title, interest, property, possession, claim, and demandwhatsoeveraswellinlawasinequity,of Grantor,of,in or to the said premises and every part and
parcel thereof.
TO HAVE AND TO HOLD all and singular the said premises,with the appurtenances
thereto belonging,unto the said property of the Grantee and to his heirs and assigns forever.
I WITNESS WHEREOF the grantor has executed this instrument the day and year firstINWI
written above.
RICHMOND FAMILY TRUST
i
f By:
Jo ce mond 1 t
t
i By:
Robert Richmond vup ce
i
i I
37
RESOLUTION NO.R12-79
A RESOLUTION OF INTENT OF THE CITY COUNCIL TO EXTEND THE
CORPORATE BOUNDARIES OF THE CITY OF LAUREL BY ANNEXING A PARCEL
OF CITY OWNED PARK LAND THAT IS CONTIGUOUS TO THE CITY LIMITS,
SUCH ANNEXATION TO INCLUDE ALL THE ADJACENT AND ADJOINING
RIGHTS-OF-WAY TO THE ANNEXED PROPERTY,
IN YELLOWSTONE COUNTY,MONTANA.
WHEREAS, pursuant to MCA §7-2-4403, the Mayor of the City of Laurel petitioned the
City Council, by letter dated September 11, 2012, to annex the City owned park land that is
legally described as LAUF-NtkC SUBD AMEND, S09, T02 S, R24 E, BLOCK 14,Z7f- -
AMND; and 1- (P
WHEREAS, the parcel is commonly known and referred to as the Jake and Lois
Bernhardt Parkway and is owned entirely by the City of Laurel and as shown on the attached
map, the parcel is adjacent to West 12`h Street and contiguous to the City limits as defined by
Montana Law at MCA § 7-2-4401; and
WIfEREAS, in order to annex the property, pursuant to MCA § 7-2-4402 et. seq., the
City Council must fu-st adopt a Resolution of intent to annex the contiguous government land for
inclusion within the boundaries of the City of Laurel in addition to advertising and conducting a
public hearing on the proposed annexation; and
WHEREAS, Montana law also requires municipalities include the full width of any
public rights-of-way adjacent to the property being annexed; therefore, pursuant to MCA § 7-2-
4211, the City has included the full width of the adjacent public rights-of-way including but not
Limited to the currently non-annexed portion of West 121h Street within the annexation boundary;
and
WHEREAS, the City Council acknowledges that upon annexation of the property and
public rights-of--way, the City must provide services for the annexed property as required by
MCA §7-2-4409.
NOW, THEREFORE, BE IT RESOLVED pursuant to MCA § 7-2-4404, the City
Council of the City of Laurel, Montana, hereby adopts the Resolution of Intent providing notice
to the citizens of Laurel and nearby property owners that the City Council intends to annex the
following governmental property contiguous to the City of Laurel described as:
LAURMAC SUBD AMEND, S09, T02 S, R24 E, BLOCK 143F6;AMND, and
any and all public rights-of-way adjacent or adjoining thereto"r - G
BE IT FURTHER RESOLVED, the proposed annexation is further reflected and shown
on Exhibit A, attached hereto and hereby incorporated herein, as contained in the records in the
office of the Clerk and Recorder of Yellowstone County; and
R12-79 Resolution of Intent to Annex Bernhardt Parkway
38
BE IT FURTHER RESOLVED, the City Council shall hold a public hearing on the
proposed annexation on October 16, 2012, at 6:30 p.m.; and
BE IT FURTHER RESOLVED, upon adoption of this Resolution of Intent, the City
Clerk shall publish notice to the public, at least once a week for two successive weeks, and thenoticeshallstatethatthisresolutionofintenthasbeendulyandregularlypassedandforaperiod
of 20 days after the first publication of the notice, the city clerk shall accept written expressions
of approval or disapproval of the proposed alterations of the boundaries of the City. Further the
notice shall contain the date and time scheduled for the public hearing on the proposed
annexation.
PASSED and APPROVED by the City Council of the City of Laurel this 18"' day of
September, 2012.
APPROVED by the Mayor this 18t'day of September,2012.
CITY OF LAUIZEI.
enneth E. bison, Jr : layor
1.
ATTEST:
Sturley Ewan,C erk- reasurer
A oved to form:
J
I
Sam . aiinter
Civil City Attorney
R12-79 Resolution of Intent to Annex Bernhardt Parkway
39
C_ N
C N
t
O
P— 1
a
OD
T J
N
Jmr-
cam Z } o n
r m
C J U O
m 7 Y
C3 r
m U
r
W
CD 2OD ar
L7
m mO
m
Q ti
YM C-4 pOPp
4
CC V
d m M m
O
Q
S Ip
cc
w
co
4 a
CA
a
LO m
m
ca
z Lc, 10
m
Q g m
LLJ
Q
N
3Ab H It,-
I o
r P
u G U li J
ij
d c+
a
Cl
o
3AV
co m_
co r+
N O
40
RESOLUTION NO.R12-90
RESOLUTION TO ANNEX A PARCEL OF CITY OWNED PARK LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS, SUCH ANNEXATION TO INCLUDE ALL THE
ADJACENT AND ADJOINING RIGHTS-OF-WAY TO THE ANNEXED PROPERTY,
IN YELLOWSTONE COUNTY,MONTANA.
WHEREAS, the City Council has determined it is in the best interest of the City of Laurel to
annex City park land, commonly known and referred to as the Jake and Lois Bernhardt Parkway and
described herein, that is contiguous to the city limits as defined by Montana Law at MCA § 7-2-4401.
WHEREAS, in order to annex the property, pursuant to MCA § 7-2-4402 et. seq., the City
Council must first adopt a Resolution of Intent to annex the contiguous government land for inclusion
within the boundaries of the City of Laurel in addition to advertising and conducting a public hearing
on the proposed annexation; and
WHEREAS, the City Council adopted said Resolution of Intent at a regular meeting of the
City Council on September 18, 2012, and the City Clerk provided notice to the public, and for aperiodof20daysaftersaidpublication, the City Clerk accepted written comments from registeredvotersresidingintheareaapprovingordisapprovingtheproposedannexation;and
WHEREAS, a public hearing was held on October 16, 2012 and no objections to the
annexation were heard.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,Montana,
as follows:
1. Pursuant to Montana Code Annotated, §7-2-4404, the following governmental property
icularly described as follows is hereby annexed forcontiguoustotheCityofLaurel, more part
inclusion within the boundaries of the City of Laurel:
LAURMAC-SUED AMEND, S09, T02 S,R24 E,BLOCK 14; 6, t MND,and any
and all public rights-of-way adjacent or adjoining thereto."
2. This Resolution shall be incorporated into the official minutes of the Cary Council, and uponsaidincorporation, the City Clerk-Treasurer shall file a true and correct, certified copy of this
Resolution and of said minutes with the Yellowstone County Clerk and Recorder.
3. From and after the date that the City Clerk-Treasurer files such certified copy of thisResolutionandoftheCouncilminutesintheofficeoftheYellowstoneCountyClerkandRecorder, this annexation of the above-described territory to the City of Laurel shall be
deemed and shall be complete.
Introduced at a regular meeting of the City Council on November 6, 2012, by Council
Member _McGee
PASSED and APPROVED by the City Council of the City of Laurel this 6`h day of
November, 2012.
R12-90 Annexation of Bernhardt Parkway
41
APPROVED by the Mayor this 6'h day of November,2012.
CTTY OF LAUREL
nneth A01son, Jr.,r
ATTEST: J
Shirley);wan, Clefk-Treasurer
ved as I
Sam nter, evil ,ty Attorney
R12-90 Annexation of Bemhardt Parkway
42
32coLaurel
return to: I IIIII IIII IUIII IIIIII IIIIIII IIIII 1 IHII IIII IIII 36288322P
P.O.Box 10 s
Lauret.MT 590"
9.^D
QUIT CLAIM DEED
THIS INDENTURE, made the 5""" day of Ju rN P_ 2012, between the
RICHMOND FAMILY TRUST,43781 Pocahontas Road,Baker City,Oregon 97814,Grantor,and
the CITY OF LAUREL,P.O.Box 10,Laurel,Montana 59044,Grantee;
WITNESSETH: That Grantor for a valuable consideration to them in hand paid by Grantee,
the receipt of which is hereby acknowledged, do hereby convey, remise, release and forever
quitclaim unto the said Grantee,all right,title and interest in and to the following described realestate,situated in the County of Yellowstone.State of Montana,which Grantor has in land more
particularly described as follows:
t Laurrnac Subdivision Amended,S09,T02 S,R24 E,BLOCK 14,Lot 4-6,amended.
Together with all rights-ol=way, tenements. hereditaments and appurtenances thereto
belonging,and the reversion and reversions, remainder and remainders, rents, issues and profits
l thereof: and also all of the estate, right. title, interest, property, possession, claim. and demand
whatsoever as well in law as in equity,of Grantor.of,in or to the said premises and every part and
parcel thereof.
TO HAVE AND TO HOLD all and singular the said premises,with the appurtenances
thereto belonging,unto the said property of the Grantee and to his heirs and assigns forever.
t IN WITNESS WHEREOF,the grantor has executed this instrument the day and year first
written above.
RICHMOND FAMILY TRUST
By:
Jopce mond
t
1
By:
Robert RichmondKA44CC
i
I
i
43
IIN IIII I III I NIII II Ilal ll III III IIII I 066288030
Y.11—st—Gouty OCD 1•..
STATE OF MONTANA )
ss.
County of Yellowstone )
On thiso?/!day of 221gy to the year 2012 before me,the undersigmed Notary Public for
the State of Montana,pe nally appeared Joyce Richmond and Robert Richmond,as Trustees of the
Richmond Family Trust,Grantor,known to me to be the person whose name is subscribed to the
within instrument and acknowledge to me that s/he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and
year in this certificate above written.
Signs[
t.
y
tta+o
NoWyPwo..n.twtr trtauc to" 1
SEAL.:
s"ft of momem Prtnte ame
iw atta,l.r,M.'W.
MY Co -in;an E.pim Notary Public for the State of Montana
o Jo.-n 20,2015 Residing at Qt//4
My commission expires 2o a20/
Acknowledgement and Acceptance of Conveyance:
The Mayor for the City of Laurel,Yellowstone County Montana,on behalf of the City Council,
acknowledges receipt of this deed and hereby accepts the property interest conveyed„through this
instrument pursuant to City Council Resolution 116, !Z 12 -3 1 this 5 day of
Aenn,th;E 01,,n,
2012
Jr layor
Attest:
Shirley Ewan,City Clerk/Treasurer
STATE OF MONTANA )
County of Yellowstone )
On this day of T in the year 2012 before me,the undersigned Notary Public for
the State of Montana,personally appeared Kenneth E.Olson Jr.,as Mayor of the City of Laurel,and
Shirley Ewan,as Clerk/Treasurer of the City of Laurel,who signed the foregoing instrument and
acknowledged to me that they executed the same in their official capacity.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and
year in this certificate above written.
Signatung
C'6 r,
b MU L L" Printed ame
slob.ltH.ntw Notary Public for the State of MontanaSEAL' Re""o at towet.11, , Residing at Za IrBMyCc'?
ixtto+v 20t5 My commission expires 7cv> D -20I.f
2
44
Whenr`Laireci return to: Iurel11111III11111111111111111111111111111111IIIIi362883
P.O.Box 10 County acc
Laurel,MT 59044
OUTr CLAIM DEED
THIS INDENTURE, made the 57' day of Ju h L 2012, between the
RICHMOND FAMILY TRUST,43781 Pocahontas Road,Baker City,Oregon 97814,Grantor,and
the CITY OF LAUREL,P.O.Box 10,Laurel,Montana 59044,Grantee;
IWITNESSETH: That Grantor for a valuable consideration to them in hand paid by Grantee,
the receipt of which is hereby acknowledged, do hereby convey, remise, release and forever
quitclaim unto the said Grantee,all right, title and interest in and to the following described realestate,situated in the County of Yellowstone,State of Montana,which Grantor has in land more
particularly described as follows:
Laurmac Subdivision Amended,S09,T02 S,R24 E,BLOCK 14,Lot I-3,amended.
Together with all rights-of-way, tenements. hereditaments and appurtenances thereto
belonging,and the reversion and reversions, remainder and remainders. rents, issues and profitsthereof. and also all of the estate, tight, title. interest, property, possession,claim, and demand
whatsoever as well in law as in equity,of Grantor,of.in or to the said premises and every part and
parcel thereof.
TO HAVE AND TO HOLD all and singular the said premises,with the appurtenances
thereto belonging,unto the said property of the Grantee and to his heirs and assigns forever.
IN WITNESS WHEREOF,the grantor has executed this instrument the day and year first
written above.
RICHMOND FAMILY TRUST
t By: s^ /
oyc Richmond
r
v
By:
Robert RichmondtTr,,eS P,e
I
45
IUIl11U!III'II11iIllllll!li!II110111 11!Ilflll!III PO*:2 f 2
STATE OF MONTANA }
County of Yellowstone )
On lhis415Ly of A to the year 2012 before me,the undersigned Notary Public for
the State of Montana,pe ovally appeared Joyce Richmond and Robert Richmond as Tr utccs of the
Richmond Family Trust,Grantor,known to me to be the person whose name is subscribed to the
within instrument and acknowledge to me that s/he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and
year in this certificate above written.
Jll;naI4ft
vyy Ck*RYU t wro
nq a°
1
ural.MO Printed. ame
ufiing a+Loud,MoNono
ram. Mr Com uwp t:avw+ Notary Public for the State of Montana
y!{ lonvary 20.2015 Residing at /-l7 ui'P L
My commission expires 41giL. o2U/S
7---
Acknowledgement and Acce tance of Conveyance:
The Mayor for the City of Laurel,Yellowstone County Montana,on behalf of the City Council,
acknowledges receipt of this deed and hereby accepts the property interest conveyed through
instrument pursuant to City Council Resolution Yo:E IZ- 31 thus
Aenneth
of
2012.
E.Olson,Jr ayor
Attest:;' /.
L ta.J
Shirley Ew tty Clerk/Treasurer
STATE OF MONTANA )
County of Yellowstone
On this 61"Aday of_,t in the year 2012 before me,the undersigned Notary Public for
the State of Montana.personally appeared Kenneth E.Olson Jr.,as Mayor of the City of laurel,andShirleyEwan,as Clerk/Treasurer of the City of Laurel,who signed the foregoing instrument and
acknowledged to me that they executed the same in their official capacity.
1N WITNESS WHEREOF,1 have hereunto set my hand and affixed my Official Seal the day and
year in this certificate above written.
Signatur
CH Ert L"40*
0
Printed t e
ddab; Notary Public for the State of Montana
SEAL: 9wodn4 of L-4.mo^b"° Residing at /a a e l
t wee Mr Com,, syon
20.20151s My commission expires
i
2
46
RESOLUTION NO.R12-79
A RESOLUTION OF INTENT OF THE CITY COUNCIL TO EXTEND THE
CORPORATE BOUNDARIES OF THE CITY OF LAUREL BY ANNEXING A PARCEL
OF CITY OWNED PARK LAND THAT IS CONTIGUOUS TO THE CITY LIMITS,
SUCH ANNEXATION TO INCLUDE ALL THE ADJACENT AND ADJOINING
RIGHTS-OF-WAY TO THE ANNEXED PROPERTY,
IN YELLOWSTONE COUNTY,MONTANA.
WHEREAS, pursuant to MCA §7-2-4403, the Mayor of the City of Laurel petitioned the
City Council, by letter dated September 11, 2012, to annex the City owned park land that is
legally described as LAURMAC SUBD AMEND, S09, T02 S, R24 E, BLOCK 14, Lot 4 - 6,
AMND; and
WHEREAS, the parcel is commonly known and referred to as the Jake and Lois
Bernhardt Parkway and is owned entirely by the City of Laurel and as shown on the attached
map, the parcel is adjacent to West 121h Street and contiguous to the City limits as defined by
Montana Law at MCA § 7-2-4401; and
WHEREAS, in order to annex the property, pursuant to MCA § 7-2-4402 et. seq., the
City Council must first adopt a Resolution of intent to annex the contiguous government land for
inclusion within the boundaries of the City of Laurel in addition to advertising and conducting a
public hearing on the proposed annexation; and
WHEREAS, Montana law also requires municipalities include the full width of any
public rights-of-way adjacent to the property being annexed; therefore, pursuant to MCA § 7-2-
4211, the City has included the full width of the adjacent public rights-of-way including but not
limited to the currently non-annexed portion of West 121h Street within the annexation boundary-;
and
WHEREAS, the City Council acknowledges that upon annexation of the property and
public rights-of-way, the City must provide services for the annexed property as required by
MCA §7-2-4409.
NOW, THEREFORF,, BE IT RESOLVED pursuant to MCA § 7-2-4404, the City
Council of the City of Laurel, Montana, hereby adopts the Resolution of Intent providing notice
to the citizens of Laurel and nearby property owners that the City Council intends to annex the
following governmental property contiguous to the City of Laurel described as:
LAURMAC SUBD AMEND, S09, T02 S, R24 E, BLOCK 14, Lot 4 - 6, AMND, and
any and all public rights-of-way adjacent or adjoining thereto'
BE IT FURTHER RESOLVED, the proposed annexation is further reflected and shown
on Exhibit A, attached hereto and hereby incorporated herein, as contained in the records in the
office of the Clerk and Recorder of Yellowstone County; and
R12-79 Resolution of Intent to Annex Bernhardt Parkway
47
BE IT FURTHER RESOLVED, the City Council shall hold a public hearing on the
proposed annexation on October 16, 2012, at 6:30 p.m.; and
BE lT FURTHER RESOLVED, upon adoption of this Resolution of Intent, the City
Clerk shall publish notice to the public. at least once a week for two successive weeks, and the
notice shall state that this resolution of intent has been duly and regularly passed and for a period
of 20 days after the first publication of the notice, the city clerk shall accept written expressions
of approval or disapproval of the proposed alterations of the boundaries of the City. Further the
notice shall contain the date and time scheduled for the public hearing on the proposed
annexation.
PASSED and APPROVED by the City Council of the City of Laurel this 18"' day of
September, 2012.
APPROVED by the Mayor this 18°
i day of September,2012.
X
CITY F LAUREL
enneth lson,Jr ayor
ATTEST:
Shirley Ewan, C crk-Treasurer
A oved to form:
Sam alnter
Civil City Attorney
R12-79 Resolution of Intent to Annex Bernhardt Parkway
48
mC N
a E;coc F4N
d
Qp m N v C61
F-
m °p-°
ti r m
Q tw in E Y w
ti m
Qa3
J
g m Um
R
m
cp
w m
CDto
I
G a
p
m
m
eemCDm
Q
aYr go N O
G p
a
mam
m m c
m a
Q m
Z
mw
m o~
N
OLO o
m
m
Z m
c4 0
w
r
m ch
Q o e
m m
3AV•H ltr
I
P
an
c a w U. > to
m w m i
n m co
r
G
CD m m
m w
cm
ca
j cm
z
04
Oi
C m
a m m Q Qm
a
aa
3AV-H.L9 m
r-
m
I-j
N p O
49
CITY HALL
PUB.WORKS:628 796 City Of Laurel
COURT:628-1964
7431
P.O.Box 10
FAX 628-2241 Laurel,Montana 59044
Office of the Mayor
May 23, 2025
Annexation of Block 14 lots 1-6 of Laurmac Subdivision Amended and Adjacent Rights of Way
David Waggoner,Mayor of City of Laurel, authorizes the annexation of block 14 lots 1,2,3,4,5,6
of Laurmac Subdivision Amended, city-owned lands adjacent to the city of Laurel, along with
the adjacent rights of way, to become part of the jurisdiction of the City of Laurel, Montana.
The ownership of these lots is recorded with the Clerk and Recorder of Yellowstone County
documents numbering 3628830 and 3628831. Copies of the recorded quit claim deeds are
attached to this letter.
David Waggoner, Mayor
50
1 COt i11105:
2 3nNInd 3sJ
N
L
N
N 2 C I•1 Q
G`
a
V LO Q Ln
S C In
r
t m
In !
ti O 2
N
r
s N ^
1 _
F
W
IO 1 i ID_
c m7ID > a N
eA
In N 2 V)
N
a jL
m
3nN3A`d mHlano- 2ZIZ
x o 2
in IR
a
IL 0 Z o
O
U 7
aLLJ coo-
1LLIJWD:
com z r sOr
C L V - 2
x Z U) v ID n r0 ,
W
7
c W. c
I
N f
w _j
cn w
0
m
f x m
cQ LLI a W Q Q
D p
M O 2 M ID _
c y v I`—'
f IO In ID
r—
n N : r. - N
3nN 3AV H1XIS
51
RESOLUTION NO.R12-90
RESOLUTION TO ANNEX A PARCEL OF CITY OWNED PARK LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS,SUCH ANNEXATION TO INCLUDE ALL THE
ADJACENT AND ADJOINING RIGHTS-OF-WAY TO THE ANNEXED PROPERTY,
IN YELLOWSTONE COUNTY,MONTANA.
WHEREAS, the City Council has determined it is in the best interest of the City of Laurel to
annex City park land, commonly known and referred to as the Jake and Lois Bernhardt Parkway and
described herein,that is contiguous to the city limits as defined by Montana Law at MCA § 7-2-4401.
WHEREAS, in order to annex the property, pursuant to MCA § 7-2-4402 et. seq., the City
Council must first adopt a Resolution of Intent to annex the contiguous government land for inclusion
within the houndaries of the City of Laurel in addition to advertising and conducting a public hearing
on the proposed annexation; and
WHEREAS, the City Council adopted said Resolution of Intent at a regular meeting of the
City Council on September 18, 2012, and the City Clerk provided notice to the public, and for a
period of 20 days after said publication, the City Clerk accepted written comments from registered
voters residing in the area approving or disapproving the proposed annexation;and
WHEREAS, a public hearing was held on October 16, 2012 and no objections to the
annexation were heard.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,Montana,
as follows:
I. Pursuant to Montana Code Annotated, §7-2-4404, the following governmental property
contiguous to the City of Laurel, more particularly described as follows is hereby annexed for
inclusion within the boundaries of the City of Laurel:
LAURMAC SUBD AMEND, S09, T02 S,R24 E,BLOCK 14, LOTS 4-6,AMND,and any
and all public rights-of-way adjacent or adjoining thereto."
2. This Resolution shall be incorporated into the official minutes of the City Council, and upon
said incorporation, the City Clerk-Treasurer shall file a true and correct, certified copy of this
Resolution and of said minutes with the Yellowstone County Clerk and Recorder.
3. From and after the date that the City Clerk-Treasurer files such certified copy of this
Resolution and of the Council minutes in the office of the Yellowstone County Clerk and
Recorder, this annexation of the above-described territory to the City of Laurel shall be
deemed and shall be complete.
Introduced at a regular meeting of the City Council on November 6, 2012, by Council
Member_McGee
PASSED and APPROVED by the City Council of the City of Laurel this 61h day of
November,2012.
R12-90 Annexation of Bernhardt Parkway
52
APPROVED by the Mayor this oh day of November, 2012.
CITY OF LAUREL
7
l
nneth E. Olson,Jr.,r
ATTEST:
C !
Shirley Ewan, Cle -Treasurer
ved as
Sam inter, evil ity Attorney
R12-90 Annexation of Bernhardt Parkway
53
File Attachments for Item:
11. Resolution No. R25-45: A Resolution Of The City Council Authorizing The Mayor To
Execute An Emergency Services Mutual Aid Agreement By And Between The City Of Laurel
And The Joliet Emergency Services Department, Inc.
54
R25-45 Approve Emergency Services Agreement with Joliet Emergency Services
RESOLUTION NO. R25-45
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE AN EMERGENCY SERVICES MUTUAL AID AGREEMENT BY AND
BETWEEN THE CITY OF LAUREL AND THE JOLIET EMERGENCY SERVICES
DEPARTMENT, INC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Emergency Services Mutual Aid Agreement (hereinafter
“the Agreement”) by and between the City of Laurel (hereinafter “the City”) and the Joliet
Emergency Services Department, Inc., a copy attached hereto and incorporated herein, is
hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
on behalf of the City.
Introduced at a regular meeting of the City Council on the 8th day of June, 2025, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of June,
2025.
APPROVED by the Mayor the 8th day of June, 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
55
EMERGENCY SERVICES MUTUAL AID AGREEMENT
This Agreement is made and entered into by and between:
The City of Laurel, a Montana City, by and through its Laurel Emergency Services
Department (hereinafter “Laurel EMS” or “Department”), at an address of 215 West 1st,
Laurel MT 59044; and
Joliet Emergency Services Department, Inc (hereinafter “Joliet EMS” or
“Department”), at an address of 322 East Front St, Joliet, MT 59041.
1. Purpose
This Agreement outlines the terms under which one Department will compensate the other
when emergency response personnel from one Department provides patient care while riding in
the other Department’s ambulance during an emergency medical response. This Agreement
becomes effective on the date of signing.
2. Compensation
When emergency response personnel from one Department (the "Assisting Department")
provides care and rides in the ambulance of the other Department transporting the patient (the
"Receiving Department"), the Receiving Department agrees to pay the Assisting Department a flat
rate of Two-Hundred Fifty Dollars ($250.00) per call.
3. Invoicing and Payment
The Assisting Department will submit an invoice to the Receiving Department on a
monthly basis.
Payment shall be made within sixty (60) days of receipt of the invoice.
4. Term and Termination
This Agreement shall remain in effect until terminated by either party with 30 days written
notice.
5. Miscellaneous
Amendment: This Agreement may be amended only in writing and signed by both parties.
Mutual Indemnification: Each Party (the “Indemnifying Party”) agrees to indemnify,
defend, and hold harmless the other Party (the “Indemnified Party”), including its elected
officials, officers, employees, agents, and volunteers, from and against any and all claims,
damages, liabilities, costs, judgments, settlements, and expenses (including reasonable
attorney’s fees) arising out of or in connection with the negligent or wrongful acts or
omissions of the Indemnifying Party or its personnel in the performance of this Agreement.
This obligation to indemnify does not extend to any claims or liabilities that arise solely
56
from the negligent or wrongful acts or omissions of the Indemnified Party. Where fault is
shared, each Party’s obligation to indemnify shall be proportionate to its degree of fault as
determined by law. Nothing in this Agreement shall be construed to waive any immunities
or defenses available to either Party under the Montana Constitution, Montana Tort Claims
Act (§ 2-9-101 et seq., MCA), or other applicable laws. This provision shall survive the
termination or expiration of this Agreement.
Signed and Dated this _____ day of _____________________, 2025.
___________________________________
Mayor of the City of Laurel
___________________________________
President of Joliet Emergency Medical Services
57
File Attachments for Item:
12. Resolution No. R25-46: A Resolution Approving A Memorandum Of Understanding By And
Between The City Of Laurel And Local Union Local 303, American Federation Of State,
County, And Municipal Employees, AFSCME.
58
R25-46 Approve Local 303 MOU Re Wage Increase for LPD Officers and Related Personnel
RESOLUTION NO. R25-46
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF LAUREL AND LOCAL UNION LOCAL 303,
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, AFSCME.
WHEREAS, the City of Laurel and Local Union 303, American Federation of State,
County, and Municipal Employees, AFSCME (hereinafter “the Union”) have an existing
Collective Bargaining Agreement (hereinafter “CBA”) in place;
WHEREAS, the City and the Union previously negotiated set wages for all City of
Laurel Police Department Officers and related personnel;
WHEREAS, the Union has requested an increase in wages for all City of Laurel Police
Department Officers and related personnel, currently-employed and moving forward, and that
are subject to the CBA, in order to address hiring and retention needs;
WHEREAS, the City and the Union have negotiated a Memorandum of Understanding
(hereinafter “MOU”) between the City and the Union to address the increased compensation
for City of Laurel Police Department Officers and related personnel; and
WHEREAS, the City and the Union specifically agree that the MOU is only intended
to address the wage increase and does not constitute any further amendment of any kind to the
CBA or a past or current practice on either the City or the Union’s behalf.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The MOU by and between the City of Laurel and the Union, a
copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the MOU on
behalf of the City.
Introduced at a regular meeting of the City Council on the 8th day of July 2025 by
Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
8th day of July 2025.
APPROVED by the Mayor on the 8th day of July 2025.
59
R25-46 Approve Local 303 MOU Re Wage Increase for LPD Officers and Related Personnel
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
60
MEMORANDUM OF UNDERSTANDING
By and Between the City Of Laurel and Local Union Local 303, American Federation Of
State, County, And Municipal Employees, AFSCME
WHEREAS, the City of Laurel and Local Union 303, American Federation of State,
County, and Municipal Employees, AFSCME (hereinafter “the Union”) have an existing
Collective Bargaining Agreement (hereinafter “CBA”) in place;
WHEREAS, the City and the Union previously negotiated set wages for all City of Laurel
Police Department Officers and Related Personnel;
WHEREAS, the Union has requested an increase in wages for all City of Laurel Police
Department Officers and Related Personnel, currently-employed and moving forward, and that are
subject to the CBA, as follows:
WHEREAS, the City and the Union agree to the terms of this Memorandum of
Understanding (hereinafter “MOU”) between the City and the Union to address the increased
compensation for City of Laurel Police Department Officers and Related Personnel; and
Grade Position Effective
07/01/24 to
6/30/25
Effective
07/01/25 to
6/30/26
Effective
07/01/26 to
6/30/27
1 Animal Control/Parking
Attendant
$21.07/hr. $21.91/hr. $21.91/hr.
2 Communications Officer I
$24.41/hr.
$25.87/hr.
$25.87/hr.
3 Communications Officer II
$25.54/hr.
$27.07/hr.
$27.07/hr.
4 Communications Officer III
$26.90/hr.
$28.51/hr.
$28.51/hr.
5 Police Officer, Patrolman
$28.83/hr.
$29.26/hr.
$29.26/hr.
6 Police Officer, Senior
Patrolman
$29.97/hr,
$30.42/hr.
$30.42/hr.
7 Police Officer, Master
Patrolman
$31.69/hr.
$32.17/hr.
$32.17/hr.
61
WHEREAS, the City and the Union specifically agree that the MOU is only intended to
address the aforementioned wage increase and does not constitute any further amendment of any
kind to the CBA or a past or current practice on either the City or the Union’s behalf.
NOW THEREFORE, the City and the Union agree to an increase in wages for all City of
Laurel Police Department Officers and Related Personnel, currently-employed and moving
forward, and that are subject to the CBA, as contemplated herein, in order to address hiring and
retention needs; and
THEREFORE, the terms of this MOU are effective as of the date set forth below.
Dated this ______ day of _____________________, 2025.
CITY OF LAUREL LOCAL 303
___________________________ ___________________________
Dave Waggoner, Mayor Union President
62
File Attachments for Item:
13. Resolution No. R25-47: A Resolution Of The City Council Authorizing The Mayor To
Execute The Agreement Between The City Of Laurel And The Yellowstone Valley Animal
Shelter, For The Provision Of Animal Shelter Services.
63
R25-47 Approve Agreement with Yellowstone Valley Animal Shelter
RESOLUTION NO. R25-47
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT BETWEEN THE CITY OF LAUREL AND THE
YELLOWSTONE VALLEY ANIMAL SHELTER, FOR THE PROVISION OF
ANIMAL SHELTER SERVICES.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Agreement by and between the City of Laurel and the
Yellowstone Valley Animal Shelter, a copy attached hereto and incorporated herein, is hereby
approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
with the Yellowstone Valley Animal Shelter on behalf of the City of Laurel.
Introduced at a regular meeting of the City Council on the 8th day of July 2025, by
Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of July
2025.
APPROVED by the Mayor the 8th day of July 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
_______________________________
Michele L. Braukmann, Civil City Attorney
64
PAGE 1 OF 7
CONTRACT FOR SERVICES
This Agreement is made by and between the City of Laurel, Montana (“City”), and Yellowstone
Valley Animal Shelter, Billings, Montana (“Contractor”).
City and Contractor, in consideration of the material covenants set forth in this Agreement, agree
as follows:
1. TERM: This Agreement is effective as of the date of its execution and will begin on July
1, 2025 and terminate on June 30, 2026. The parties may extend this Agreement, by mutual
concurrence, for four (4) additional one-year periods, in writing, prior to termination of
each term.
2. SCOPE OF WORK: Contractor shall provide the following services:
a. Dog Impounds: Contractor agrees to admit and accept responsibility for the care
and custody of all dogs impounded at the Contractor facility by personnel of the
City and within the City boundaries, subject to the limitations set forth in this
Agreement. The Contractor agrees to take reasonable care of such dogs in a manner
consistent with good standard practices of animal shelters to include, but not be
limited to, providing proper food, water and shelter.
i. It is understood that City has a facility to keep dogs for a 72 -hour hold
period. Under the terms of this Agreement, City may bring dogs to
Contractor for veterinary treatment for illness or injury during this 72-hour
hold period. If Contractor determines that such dogs require any
vaccinations or other treatment in order to protect the greater population of
animals, the Contractor may administer such treatment.
ii. All dogs not reclaimed by an owner within City’s 72-hour hold period shall
become the property of the Contractor. Additionally, all dogs brought to
Contractor’s facility by the City beyond the City’s 72-hour period shall
become the property of the Contractor.
iii. Payment of all boarding fees and surgery costs shall initially be the
responsibility of the animal owner. If the dog is not reclaimed within 72
hours, Contractor will notify the City and the dog will be placed for
adoption and the unpaid boarding fees and surgery costs shall then be borne
by the City.
iv. Any dog impounded for rabies quarantine will be held 10 days from the
time of the bite or whatever time is required by the Yellowstone County
Health Department, whichever is longer. The City may authorize an earlier
release to the owner. No dog will be released from quarantine without a
signed Rabies Quarantine Release Form that is provided by the City.
65
PAGE 2 OF 7
v. All dogs impounded pursuant to this section will be held by the Contractor
until they are released to Contractor by a signed release from the owner, the
owner’s legal representative, or by a court of law. The dog may be released
to the owner with a release signed by the City. If the owner does not respond
within 72 hours, the Contractor assumes ownership of the animal.
b. Limitation: This Agreement applies only to dogs and no other animals. Contractor
will not accept any more than ten (10) dogs from one incident from the City, or any
other entity, without prior notification. The City (or other entity) shall reasonably
communicate with Contractor when it receives a report of an incident which could
result in bringing more than 10 dogs to Contractor. Further, the City shall
communicate and coordinate with Contactor regarding non-emergency incidents
involving more than 10 dogs Upon a minimum of six (6) hours’ notification,
Contractor will make every effort to accept the dogs but may choose not to accept
all. The City will be responsible for seeking care for those animals elsewhere.
c. Euthanasia During Impound Period: The Contractor shall only euthanize a dog
during the impound period within 72 hours upon written request by the City, order
of a court of law, or if such dog is seriously injured, hopelessly sick or injured
beyond any reasonable chance of recovery.
d. Veterinary Care: In the event a dog is brought to Contractor by an officer or
citizen from within the City and logged in as a City impound, appropriate veterinary
care will be provided if the situation arises. The Contractor will notify the officer
of the veterinary care and the City will reimburse the Contractor for the cost of the
veterinary services if not paid by the owner.
3. PAYMENT: For the services provided in this Agreement, City shall pay contractor an
annual fee of Five-Thousand and no/100 Dollars ($5,000.00), plus additional fees adjusted
based on U.S. Bureau of Labor Statistics Consumer Price Index, West Region figures .
Payment shall be made in equal monthly installments after invoicing by Contractor.
4. OTHER FEES:
a. For impounded dogs, Contractor may collect daily boarding/reclaim fees from the
owner at the time the dog is reclaimed. The boarding and reclaim fees will be set
by Contractor.
b. In addition to all other fees allowed by this Agreement, if City brings ten (10) or
more dogs into the shelter from any one given situation, City will pay an additional
fee of Three Hundred and no/100 Dollars ($300.00) to Contractor as emergency
funding for each group of ten (10) dogs.
c. In addition to the foregoing, City will pay Contractor the cost of additional
veterinary services requested by the City for any impounded dog authorized by the
66
PAGE 3 OF 7
City and not paid by the owner. Such services include but are not limited to
workups for animal cruelty cases or other veterinary care.
d. Contractor will bill the City monthly for all fees due under this Agreement, and
such fees are due and payable within 30 days of receipt of the bill. Contractor may
add finance charges for any bill not paid within 30 days, and City agrees to pay
such charges.
5. CITY DUTIES: City will make every reasonable effort to locate the dog’s owner before
transporting the dog to Contractor. City will give six (6) hours’ notice to Contractor of the
surrender or capture of more than 10 dogs. City will not accept owner surrenders in the
field. Persons surrendering a dog must make arrangements with Contractor.
6. RECORDS:
a. The City, upon impounding a dog, will provide a written record to the Contractor
to include:
i. The date and time the dog was impounded;
ii. A description of the dog by breed, gender, physical characteristics, collar
and/or tags and assigned identification number;
iii. Location where the dog was found and reason for impoundment;
iv. Name, address, telephone number and location of the dog’s owner, if
known; and
v. Name and badge number of the officer impounding the dog.
b. Contractor will provide upon request a written record of the disposition of all dogs
impounded by the City, to include:
i. Disposition, date and time of same;
ii. Name, address and phone number of owners reclaiming their dog;
iii. Name, current address and telephone number of any citizen turning a dog
into the shelter and logged in under the City account;
iv. Name of the Contractor representative releasing or euthanizing the dog; and
v. A monthly itemized account of all dogs impounded within the City and any
additional charges for related services.
c. Contractor agrees to attempt to verify the identity of the citizen by confirming
identification with a photo identification card and making appropriate notations
regarding such verification. And, with the individuals’ consent, may photocopy
that identification for use by the City.
7. INDEPENDENT CONTRACTOR STATUS/LABOR RELATIONS: The parties
agree that Contractor is an independent contractor for purposes of this Agreement and is
not to be considered an employee of the City for any purpose. Contractor is not subject to
the terms and provisions of the City’s personnel policies handbook and may 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 between
Contractor and any third parties. Contractor shall comply with the applicable requirements
67
PAGE 4 OF 7
of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational
Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’
compensation coverage for all employees of Contractor’s organization, except for those
who are exempted by law. Contractor must give preference to the employment of bona fide
residents of Montana in the performance of this work.
8. INDEMNITY: The Contractor shall defend, indemnify and hold harmless City from and
against any and all claims demands, obligations causes of action, lawsuits and all damages
and liabilities fines, judgments, costs, (including settlement costs), and expenses associated
therewith (including reasonable attorney’s fees and disbursements), arising from incidents
that occur the result of Contractor’s negligence and for which City’s sole basis of liability
is vicarious liability for the acts or omissions of Contractor. The defense and
indemnification obligations under this paragraph shall not be limited by any assertions or
finding that City is liable for any damages by reason of a non-delegable duty.
The City shall defend, indemnify and hold harmless Contractor from and against any and
all claims demands, obligations causes of action, lawsuits and all damages and liabilities
fines, judgments, costs, (including settlement costs), and expenses associated therewith
(including reasonable attorney’s fees and disbursements), arising from incidents that occur
the result of City’s negligence and for which Contractor’s sole basis of liability is vicarious
liability for the acts or omissions of City. The defense and indemnification obligations
under this paragraph shall not be limited by any assertions or finding that Contractor, is
liable for any damages by reason of a non-delegable duty.
9. INSURANCE: Contractor shall maintain at its sole cost and expense, commercial general
liability insurance naming City as additional insured against liability for damages for
bodily injury, including death and completed operations and property damages in a
minimum amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for each claim
and One Million Five Hundred Thousand Dollars, ($1,500,000.00), in the aggregate arising
from incidents which occur as the result of Contractor’s negligence while performing any
work or service and for which the City’s sole basis of liability is vicarious liability for the
acts or omissions of the Contractor or/and subcontractors. Contractor shall maintain at its
cost and expense, insurance against claims for injuries to persons or damages to property,
including contractual liability which may arise from or in connection with work or service
by Contractor, agents, employees, representatives, assigns and sub-contractors. This
insurance shall cover claims as may be caused by any negligent act or omission. The policy
of insurance shall be an occurrence policy with a Best Rating of A- or better and must be
in force throughout the period.
Contractor shall name on the Certificate of liability insurance the City of Laural as
additional insured. In addition, Contractor will furnish to City a copy of the policy
endorsement, CG 32 87 05 10, indicating that the City of Laurel is named as an additional
insured under the Contractor’s insurance policy. Contractor agrees to furnish both the
Certificate of insurance and policy endorsement at least ten (10) days prior to beginning
work.
68
PAGE 5 OF 7
Contractor is required to maintain workers compensation insurance, or an independent
contractor’s exemption issued by the Montana Department of Labor covering Contractor
and Contractor’s employees. Contractor is not, nor are Contractor’s workers, employees of
City. Workers Compensation insurance or the exemption from the workers compensation
obligation must be valid for the entire period.
10. COMPLIANCE WITH LAWS: Contractor agrees to operate the shelter in accordance
with local, state and federal laws, ordinances, rules, and regulations, and national standards,
including the Montana Human Rights Act, Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and the American with Disabilities Act of 1990. Any subletting
or subcontracting by the Contractor subjects contractors to the same provisions. In
accordance with section Mont. Code Ann. § 49-3-207, Contractor agrees that the hiring of
persons to perform the contract will be made on the basis of merit and qualification and
there will be no discrimination based upon race, color, religion, creed, political ideas, sex,
age, marital status, physical or mental disability, or national origin by the person
performing under the contract. City agrees to comply with all local, state and federal laws,
ordinances, rules and regulations.
11. LIAISON: City’s designated liaison with Contractor is Jarred Anglin, and Contractor’s
designated liaison with City is Triniti Halverson, Yellowstone Valley Animal Shelter
Executive Director.
12. DEFAULT AND TERMINATION: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, other party may, at its option,
terminate this Agreement and be released from all obligations if the default is not cured
with thirty (30) days after written notice is provided to the defaulting party. Said notice
shall set forth the items to be cured. Subject to Section 14 of this Agreement, the non-
defaulting party may bring suit for damages, specific performance, and any other remedy
provided by law. 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 Agreement.
Either party may terminate this Agreement by providing the other with a written notice of
intent to terminate at least ninety (90) days in advance of the termination date. Said notice
shall be in writing and delivered to the other party.
13. NON-WAIVER: A waiver by either party, any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
14. DISPUTE RESOLUTION: Any claim, controversy, or dispute between the parties, their
agents, employees, or representatives shall be resolved first by negotiation between senior-
level personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions. If the parties are unable to
69
PAGE 6 OF 7
resolve the dispute within thirty (30) days from the date the dispute was first raised, then
such dispute may only be resolved in a court of competent jurisdiction in compliance with
this Agreement.
15. GOVERNING LAW AND VENUE: This Agreement shall be construed and enforced in
accordance with the laws of the State of Montana. Venue for any suit between the parties
arising out of this Agreement shall be the Montana Thirteenth Judicial District Court,
Yellowstone County.
16. ATTORNEY’S FEES AND COSTS: In the event it becomes necessary for either party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party or the party
giving notice shall be entitled to reasonable attorney’s fees and costs, including fees, salary,
and costs of in-house counsel to include City Attorney.
17. BINDING EFFECT: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
18. NO ASSIGNMENT: Neither the City nor the Contractor shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without written
consent of the other.
19. NO THIRD-PARTY BENEFICIARY: This Agreement is for the exclusive benefit of
the parties, does not constitute a third-party beneficiary agreement, and may not be relied
upon or enforced by a third party.
20. HEADINGS: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
21. SEVERABILITY: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
22. REPORTS/ACCOUNTABILITY/PUBLIC INFORMATION: Both parties agree to
develop and/or provide documentation as reasonably requested by the City or Contractor
demonstrating both parties’ compliance with the requirements of this Agreement.
23. COUNTERPARTS: This Agreement may be executed in counterparts, which together
constitute one instrument.
24. INTEGRATION: The Contract Documents, which comprise the entire agreement
between City and Contractor, consist of the following:
This Agreement;
Contractor’s proposal; and
Contractor’s current Certificate of Insurance and Workers Compensation coverage.
70
PAGE 7 OF 7
All communications, either verbal or written, made prior to the date of this Agreement are
withdrawn unless specifically made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument effective the first day
of the term set forth herein.
CITY OF LAUREL, MONTANA YELLOWSTONE VALLEY ANIMAL SHELTER
MAYOR TRINITI HALVERSON, Executive Director
71
File Attachments for Item:
14. Resolution No. R25-48: A Resolution Of The City Council Approving Variance From
Requirement To Install Curb And Gutter Improvements At Property Located In The City Of
Laurel, Montana.
72
R25-48 Approve Mullaney Variance Request
RESOLUTION NO. R25-48
A RESOLUTION OF THE CITY COUNCIL APPROVING VARIANCE FROM
REQUIREMENT TO INSTALL CURB AND GUTTER IMPROVEMENTS AT
PROPERTY LOCATED IN THE CITY OF LAUREL, MONTANA.
WHEREAS, on June 30, 2025, property owners Shawn and Amy Mullaney (hereinafter
“the Mullaneys”) submitted a Variance Request (hereinafter “the Variance”) on behalf of their
property anticipated to be located at 207 E. 11th Street, Laurel, MT 59044, but more specifically
described hereinafter by way of the enclosed legal description (hereinafter “the property”) to
request a Variance from the requirement to install curb and gutter improvements at the property
(hereinafter “the Application”);
WHEREAS, the legal description of the property is MAGNUS SUBD, S09, T02 S, R24
E, BLOCK 4, Lot 15 – 16, & ADJ 10' VAC ALLEY (95), Lot 17-18;
WHEREAS, City Staff has reviewed the Variance Request and recommends that the
denial of the Variance Request would constitute an unnecessary and unjust invasion of the right
of property;
WHEREAS, City Staff recommends that the Variance is within the spirit, intent,
purpose, and general plan of the LMC;
WHEREAS, City Staff recommends that the Variance would not affect adversely or
injure or result in injustice to others;
WHEREAS, City Staff recommends that the Variance 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 Variance Request is hereby approved as follows:
1. The Variance shall be good for three (3) years from approval;
2. The Property Owners shall apply for a building permit;
3. The property shall be kept free of noxious weeds;
4. The Property Owners shall comply with Public Works Standards for connection
and improvements to City water and sewer services;
5. All storm water must be kept on site;
6. Any constructed home shall face south toward E. 11th Street right of way;
7. The Property Owners understand and agree that the City intends to complete
East 11th Street in the future by creation of an SID, which the Property Owners will not
protest and will participate in; and
73
R25-48 Approve Mullaney Variance Request
8. The Variance shall apply to the property as currently legally described and not
for any future or subsequent lots.
Introduced at a regular meeting of the City Council on the 8th day of July 2025 by
Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
8th day of July 2025.
APPROVED by the Mayor on the 8th day of July 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
74
75
76
File Attachments for Item:
15. Resolution No. R25-49: Resolution Of City Council Approving Final Annexation For A
Portion Of Lot 7a-1, Of The Amended Plat Of Tracts 6A And 7A, Of The Amended Plat Of
Tracts 6 And 7, Of Westbrooks Subdivision, Yellowstone County, Montana.
77
R25-49 Final Annexation of Love’s Property
RESOLUTION NO. R25-49
RESOLUTION OF CITY COUNCIL APPROVING FINAL ANNEXATION FOR A
PORTION OF LOT 7A-1, OF THE AMENDED PLAT OF TRACTS 6A AND 7A, OF
THE AMENDED PLAT OF TRACTS 6 AND 7, OF WESTBROOKS SUBDIVISION,
YELLOWSTONE COUNTY, MONTANA.
WHEREAS, a Petition for Annexation was submitted to the City of Laurel by Michael
Stitzinger, Hans Stitzinger, and James F. Stitzinger Jr., who were the previous property owners,
and the Developer (hereinafter “Petitioner”) of certain real property situated in Yellowstone
County, Montana, on the 6th day of March 2024;
WHEREAS, the real property is generally described as follows:
A Portion of Lot 7A-1, of the Amended Plat of Tracts 6A and 7A, of the
Amended Plat of Tracts 6 and 7, of Westbrooks Subdivision, Yellowstone
County, Montana, according to the Official Plat on file in the Office of the Clerk
and Recorder of said County, under Document No. 1684287, excepting
therefrom that portion granted unto the State of Montana by virtue of Bargain
and Sale Deed Recorded January 25, 1965, Book 807, under Document No.
747048; and excepting therefrom that portion granted unto the Montana
Department of Transportation by virtue of Bargain and Sale Deeds Recorded
September 13, 2017, under Document Nos. 3827294 and 3827295; and
excepting therefrom that portion granted unto the Montana Department of
Transportation by virtue of Warranty Deeds Recorded September 13, 2017
under Document Nos. 3827296 and 3827297.
The real property is generally reflected on the Exhibit attached hereto, which is
incorporated by reference herein, and it includes all contiguous roadways and
rights-of-way;
WHEREAS, Petitioner sought annexation of the property into the City of Laurel in
order to access and utilize City of Laurel services, including, but not limited to, water, sewer,
police, and fire;
WHEREAS, the Laurel City-County Planning Board held a duly advertised public
hearing on Petitioner’s Petition for Annexation on the 17th day of April 2024;
WHEREAS, at the conclusion of the hearing, the Planning Board voted to recommend
approval to the City Council of the annexation request;
WHEREAS, the City Council held a duly advertised public hearing regarding
Petitioner’s Petition for Annexation on the 11th day of June 2024;
78
R25-49 Final Annexation of Love’s Property
WHEREAS, at the conclusion of the hearing, the City Council determined that approval
of the Petition for Annexation was in the best interests of the City at this time;
WHEREAS, the annexation of the property is subject to a Late-Comers and
Development Agreement, by and between the City of Laurel and the Developer (Love’s), which
was executed by and between the City of Laurel and the Developer and was attached to
Resolution No. R25-39 and thereto incorporated as part of the Resolution;
WHEREAS, the Property Owner will comply with all of the terms and conditions of
annexation imposed by the Laurel City Council;
WHEREAS, all public water, sewer, streetways, and storm drainages will be extended
by the Property Owner and thereafter approved by the Laurel Public Works Department;
WHEREAS, a Waiver of Right of Protest has been finalized, the appropriate
Agreements have been executed, and all appropriate and necessary work will be completed;
and
WHEREAS, the City is prepared to approve the Final Annexation of the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. The owner of record of the territory annexed to the City of Laurel has executed
a Petition of Annexation.
2. Pursuant to Mont. Code Ann. § 7-2-46, the incorporated boundaries of the City
of Laurel shall be and the same hereby is extended and/or expanded to include
the territory described herein.
3. The following described territory is hereby annexed to the City of Laurel: A
portion of Lot 7A-1, of the Amended Plat of Tracts 6A and 7A, of the Amended
Plat of Tracts 6 and 7, of Westbrooks Subdivision, Yellowstone County,
Montana, according to the Official Plat on file in the Office of the Clerk and
Recorder of said County, under Document No. 1684287, excepting therefrom
that portion granted unto the State of Montana by virtue of Bargain and Sale
Deed Recorded January 25, 1965, Book 807, under Document No. 747048; and
excepting therefrom that portion granted unto the Montana Department of
Transportation by virtue of Bargain and Sale Deeds Recorded September 13,
2017, under Document Nos. 3827294 and 3827295; and excepting therefrom
that portion granted unto the Montana Department of Transportation by virtue
of Warranty Deeds Recorded September 13, 2017 under Document Nos.
3827296 and 3827297.
79
R25-49 Final Annexation of Love’s Property
4. The owner of record of the territory annexed to the City of Laurel and the City
of Laurel have executed a Late-Comers and Development Agreement, by and
between the City of Laurel and the Developer (Love’s), which was executed by
and between the City of Laurel and the Developer and was attached to
Resolution No. R25-39 and thereto incorporated as part of the Resolution.
5. That the conditions of the annexation and zoning, as conditioned as follows,
have been or will be met:
A. On all terms, conditions, and requirements of the Late Comer’s and
Development Agreement between the City of Laurel and Petitioner.
B. The Waiver of Right to Protest, a copy of which is attached to Resolution
No. R24-43 and incorporated by reference herein, and this Resolution,
shall be recorded with the County Clerk and Recorder within ninety (90)
days after the adoption of this Resolution.
C. Connections to the City of Laurel Water and Sewer Systems, once
completed, will require approval by the City of Laurel’s Public Works
Department.
D. All improvements and infrastructure connections will be completed.
6. This Resolution shall be incorporated into the official minutes of the City
Council, and upon said incorporation, the City Clerk-Treasurer shall file a true
and correct certified copy of this Resolution and Meeting Minutes with the
Yellowstone County Clerk and Recorder.
7. From and after the date that the City Clerk -Treasurer files such certified copy
of this Resolution and of the City Council Meeting Minutes with the
Yellowstone County Clerk and Recorder, this Annexation of the above-
described territory to the City of Laurel shall be deemed complete and final.
8. Annexation and the City's responsibility for providing service to the property
shall become null and void upon Petitioner’s failure to satisfy the conditions
imposed by the City Council by and through this Resolution, the Petition for
Annexation, and the Late Comer’s and Development Agreement by and
between the City of Laurel and the Petitioner.
Introduced at a regular meeting of the City Council on the 8th day of July, 2025, by
Council Member ________________.
80
R25-49 Final Annexation of Love’s Property
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of July,
2025.
APPROVED by the Mayor the 8th day of July, 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
81
Parcel Area to be Annexed
into Laurel City Limits
82
File Attachments for Item:
16. Ordinance No. R25-01: An Ordinance Amending Chapter 12.28 (Park Rules And
Regulations) And Repealing Chapter 12.32 (Trees And Boulevards) Of The Laurel Municipal
Code.
83
Ordinance No. 025-01 Amend LMC Chapter 12.28 (Park Rules and Regulations) and Repeal Chapter 12.32 (Trees
and Boulevards)
ORDINANCE NO. 025-01
AN ORDINANCE AMENDING CHAPTER 12.28 (PARK RULES AND REGULATIONS)
AND REPEALING CHAPTER 12.32 (TREES AND BOULEVARDS) OF THE LAUREL
MUNICIPAL 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;
WHEREAS, City Staff prepared, reviewed, and approved the amendments to the existing
LMC Chapter 12.28 (Park Rules and Regulations) as noted in the attached and hereby recommends
the same to the City Council for their full approval; and
WHEREAS, since LMC Chapter 12.32 (Trees and Boulevards) is recommended to be
combined with LMC Chapter 12.28 (Park Rules and Regulations), City Staff approves repealing
of LMC Chapter 12.32 (Trees and Boulevards) in its entirety and hereby recommends the same to
the City Council for their full approval.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor. This Ordinance shall result in amendments to the existing
LMC Chapter 12.28 (Park Rules and Regulations) and repealing of LMC Chapter 12.32 (Trees
and Boulevards).
Introduced and passed on first reading at a regular meeting of the City Council on the 8th
day of July 2025, upon Motion by Council Member Wilke.
PASSED and ADOPTED by the Laurel City Council on second reading on the 22nd day of
July 2025, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the 22nd day of July 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
84
Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.28 PARK RULES AND REGULATIONS AND TREES AND BOULEVARDS*
Chapter 12.32 TREES AND BOULEVARDS*
Laurel, Montana, Code of Ordinances Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 1 of 8
Chapter 12.28 PARK RULES AND REGULATIONS AND TREES AND BOULEVARDS*
Sections:
12.28.010 Creation and establishment of a cityCity park boardPark and Tree Board.
There is created and established an advisory board to the cityCity councilCouncil that shall be known as the
park boardPark and Tree Board for the cityCity of Laurel ("Board") which shall consist of seven five to nine
members who shall constitute three sitting members of the city council and four members at large who must
reside in the cityCity or who must live within two miles thereof. These members shall consist of at least three
sitting members of the City Council and the remainder of members at large. The mayorMayor shall appoint all
members with approval of the councilCouncil. The members shall come from diverse interest groups including, but
not limited to, school teachers, club members, homeowners, business owners, park or tree professionals and/or
representatives from the cityCity government.
(Ord. 06-08 (part), 2006)
12.28.020 Term of office.
The term of office for the members shall be four years. except that the term of three of the members
appointed to the first board shall be for two years and the term of four members of the first board shall be for four
years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be
appointed for the unexpired portion of the respective term.
(Ord. 06-08 (part), 2006)
12.28.030 Compensation.
Members of the board shall serve without compensation.
(Ord. 06-08 (part), 2006)
12.28.040 Operation.
The Bboard shall select its own officers (if any), make its own operational rules and regulations to govern its
meetings, schedule its own meetings' dates and times for the convenience of its members and shall keep a record
of its proceedings. All meeting dates and times shall be posted at CityCity Hall. A majority of the members shall be
a quorum for the transaction of business.
(Ord. 06-08 (part), 2006)
12.28.050 Park boardPark and Tree Board authority.
A. The park boardPark and Tree Board of the cityCity shall have the authority and discretion to:
85
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 2 of 8
1. Promulgate and develop proposed ordinances, rules and/or regulations that govern the general use of
all cityCity parks with consideration of public input for presentation to the cityCity councilCouncil for
consideration and adoption by the cityCity councilCouncil;
2. Establish a proposed permit system to provide for an advanced reservation system for the exclusive
use of a cityCity park or cityCity park improvement by a person or group to be administered by cityCity
staff upon approval by the cityCity councilCouncil;
3. Prepare and adopt proposed rules or regulations governing or limiting the possession or use of
alcoholic beverages in cityCity parks by any person or group of people, including establishment of a
proposed permit and registration procedure for the possession or use of alcoholic beverages by any
group of people to be administered and enforced by cityCity staff and/or the cityCity police when
applicable upon approval by the cityCity councilCouncil;
4. Negotiate terms for lease agreements for cityCity parks or other cityCity park related improvements
with current or new users, groups or clubs on the cityCity councilCouncil's behalf. When completed,
the park boardPark and Tree Board shall present each negotiated proposed lease agreement to the
cityCity councilCouncil for approval and adoption by resolution of the cityCity councilCouncil;
5. Assist with the care, preservation, pruning, planting, replanting, removal or disposition of trees and
shrubs in parks, along streets, and in other public areas; and
6. When requested by the City Council, consider, investigate, make findings, report and recommend upon
any special matter or question coming within the scope of its work. .
B. All park ordinances, rules, and regulations promulgated by the park boardPark and Tree Board shall be
adopted by the cityCity councilCouncil upon recommendation by the park boardPark and Tree Board
pursuant to this section. All rules, regulations, and/or ordinances adopted hereunder shall be posted in a
public place at each park affected thereby or be available at the office of the cityCity Cclerk-Ttreasurer. The
Park and Tree Board may conduct tree inventory analysis within its discretion.
(Ord. 06-08 (part), 2006)
12.28.060 Park hours.
A. Except as otherwise provided herein, all cityCity parks shall be closed from ten p.m. until six a.m. each night.
B. No person shall remain in or upon any cityCity park during closed hours.
C. This section shall not apply to the overnight camping areas designated in Riverside Park. by the City.
D. The children's playground equipment commonly known as "Kids Kingdom" at Kiwanis Park shall close at ten
p.m. and reopen at six a.m.
E. Any person violating the terms of this section shall, upon conviction, be punished as set forth in Section
12.28.100 of this code.
F. Applicants may seek an exemption to this section when applying for an event permit at cityCity Hhall.
(Ord. 06-08 (part), 2006)
(Ord. No. O19-03, 12-10-19)
86
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 3 of 8
12.28.065 Fees and charges.
The cityCity councilCouncil shall establish reasonable fees and/or charges for the use of the pool, parks
and/or recreation areas and facilities owned by the cityCity by annual resolution after a public hearing.
(Ord. 07-06 (part), 2007: Ord. 06-04 (part), 2006)
12.28.070 Use of tennis courts restricted.
A. CityCity tennis courts shall be used only for the practice and playing of tennis. All other activities are
prohibited on all cityCity tennis courts. No person shall use or occupy any cityCity tennis court or any part
thereof for any purpose other than the playing or practicing of tennis.
B. Any person violating the terms of this section shall, upon conviction, be punished by a fine not exceeding one
hundred dollars.
(Ord. 06-08 (part), 2006)
12.28.080 Use of South Pond Laurel Lion’s Family restricted.
A. The following activities are prohibited at South Pond at all times:
1. Swimming, except for approved scuba diving and skin diving as set forth in this section; and
2. Motorized or power boating of any kind.
B. Scuba diving and skin diving shall be permitted at South Pond by advance permit only, subject to the
following restrictions:
1. Any person, prior to skin or scuba diving in South Pond, shall first obtain from the city a permit;
2. Permits granted hereunder are given pursuant to Montana Code Annotated § 70-16-302(1). The city
shall not collect any fee for issuing a permit hereunder. The city shall not be liable for any accidents or
injury to persons or property derived from skin or scuba diving or related activities. Every applicant
must sign release and waiver of liability before receiving a permit hereunder;
3. The city shall not issue a permit unless the applicant first displays to the city a current certification of
diving qualification issued by a recognized diving training school affiliated with one of the below listed
organizations. Student applicants must be accompanied by a certified instructor at all times and are
subject to all other requirements of this section. The following organizations are recognized by the city
as proper certifying authorities:
a. N.A.U.I.—National Association of Underwater Instructors,
b. P.A.D.I.—Professional Association of Diving Instructors,
c. Y.M.C.A.—Young Men's Christian Association,
d. N.A.S.D.S.—National Association of Skin Diving Schools,
e. P.S.I.C.—Professional Divers Instructional College;
4. All permittees shall be subject to all federal and state laws, rules and regulations pertaining to scuba
diving and skin diving;
5. Any permit issued hereunder may be revoked at any time by city police officers, with or without cause.
Divers shall immediately leave the pond upon demand of any police officer.
87
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 4 of 8
BC. Any person who violates any of the terms or provisions of this section shall, upon conviction therefore, be
punished in accordance with the provisions of Section 1.36.010 of this code.
(Ord. 06-08 (part), 2006)
12.28.090 Use of motor vehicles restricted.*
A. No person shall drive or otherwise operate any motor vehicle in any cityCity park except in or upon
gravelledgraveled or paved parking areas.
B. This chapter shall not apply to cityCity vehicles in the regular operation and conduct of cityCity business or to
construction or maintenance vehicles belonging to any contractor performing any work for the cityCity in any
cityCity park.
C. Users of Riverside Park, however, may operate vehicles only upon designated, defined roadways therein.
D. Any violation of this chapter shall, upon conviction thereof, be punishable as provided in Section 1.36.010 of
this code.
(Ord. 06-08 (part), 2006)
* There were two sections numbered 16.02.020 added to the Laurel prior code.
12.28.100 Violation—Penalty.
A. Any person violating any provision of this chapter for which another penalty has not been specifically
provided shall, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code.
B. Any person violating any ordinance, rule or regulation adopted by the park committee pursuant to this
chapter shall, upon conviction thereof, be punished by a fine not to be less than fifty dollars nor more than
five hundred dollars, or by imprisonment for a term not exceeding six months, or both.
(Ord. 06-08 (part), 2006)
12.28.100 Tree species to be planted.
The City Park and Tree Board shall develop and maintain a list of desirable trees for planting along streets in
three size classes, based on mature height: small (under twenty feet), medium (twenty to forty feet) and large
(over forty feet). Efforts shall be made to ensure a sufficient diversity of tree species. Lists of prohibited trees or
trees not suitable for planting will also be developed and maintained by the Board.
(Ord. 05-1 (part), 2005)
12.28.110 Spacing.
The spacing of street trees will be in accordance with the three size classes listed in Section 12.28.100 of this
chapter, and no trees may be planted closer together than the following: small trees, fifteen feet; medium trees,
twenty-five feet; and large trees, thirty-five feet; except in special plantings designed or approved by a landscape
architect.
(Ord. 05-1 (part), 2005)
88
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 5 of 8
12.28.120 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the
three size classes listed in Section 12.28.100 of this chapter, and no tree may be planted closer to any curb or
sidewalk than the following: small trees, two feet; medium and large trees, three feet.
(Ord. 05-1 (part), 2005)
12.28.130 Distance from street corners and fireplugs.
No street tree shall be planted within thirty-five feet of any street corner, measured from the point of
nearest intersecting curbs or curb lines. No street tree shall be planted within ten feet of any fireplug.
(Ord. 05-1 (part), 2005)
12.28.140 Utilities.
No street trees other than those species accepted as small trees by the City Park and Tree Board may be
planted under, or within ten feet of any overhead utility wire.
(Ord. 05-1 (part), 2005)
12.28.150 Public tree care.
The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines
of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety or to
preserve or enhance the symmetry and beauty of such public grounds.
The City may remove or cause to be removed any tree or part thereof which is in an unsafe condition or
which by reason of its nature is injurious to sewers, electric power lines, gal lines, water lines, or other public
improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the
planting of street trees by adjacent property owners providing that the selection and location of said trees is in
accordance with Sections 12.28.100 and 12.28.110 of this chapter.
(Ord. 05-1 (part), 2005)
12.28.160 Pruning standards.
All tree pruning on public property shall conform to the ANSI A300 standards for tree care operations.
(Ord. 05-1 (part), 2005)
12.28.170 Tree topping.
It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park
tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure
the tree. Crown reduction by a qualified arborist may be substituted, where appropriate. Trees severely damaged
by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices
are impractical may be exempted from this chapter at the determination of the City Park and Tree Board. The City
89
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 6 of 8
Park and Tree Board retains discretion to determine appropriate tree topping, and the Board is granted authority
to seek the City’s intervention to impose penalties for unlawful tree topping.
(Ord. 05-1 (part), 2005)
12.28.180 Pruning and corner clearance.
Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so
that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street
intersection, and so that there shall be a clear space of thirteen feet above street surface or eight feet above the
sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs,
which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on
private property when it interferes with the proper spread of light along the street from a street light, or interferes
with visibility of any traffic control device or sign or sight triangle at intersections.
Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by
the electric utility company in compliance with any applicable franchise agreements.
(Ord. 05-1 (part), 2005)
12.28.190 Dead or diseased tree removal on private property.
The City shall have the right to cause the removal of any dead or diseased trees on private property within
the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a
potential threat to other trees within the City. The City will notify in writing the owners of such trees. Removal
shall be done by said owners at their own expense within sixty days after the date of service of notice. In the event
of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and
charge the cost of removal on the owner's property tax notice.
(Ord. 05-1 (part), 2005)
12.28.200 Protection of trees.
In order to maintain the overall forest, reasonable efforts shall be made to replace trees that are removed
and to protect quality trees that are endangered.
Trees of desirable species and good health shall be protected as much as possible from damage during
construction, sidewalk repair, utilities work above and below ground, and other similar activities. The zone of
protection shall include the ground beneath the canopy of the tree.
(Ord. 05-1 (part), 2005)
12.28.210 Interference with the City Park and Tree Board.
It shall be unlawful for any person to prevent, delay or interfere with the City of Laurel, its City Park and Tree
Board, or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or
removing of any street trees, park trees, or trees, as authorized by this chapter.
(Ord. 05-1 (part), 2005)Formatted: Space Before: 2 pt, After: 12 pt
90
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 7 of 8
12.28.220 Authority of adjoining property owner to plant or care for trees on boulevard or
parkways.
Permission is given to the owners of real estate to improve their premises by planting trees and properly
caring for trees in the boulevards adjoining their property consistent with the terms of this Section. Such trees
shall in no case interfere with the full use of the streets for public purposes, and no person shall plant any tree
within the limits of any parkway, street, or alley in the City without having first obtained a written permit from the
City.
It shall be the duty of any property owner to make request in writing to the City, stating the variety and
precise location of each tree proposed to be planted. The permit shall specify location and variety of each tree.
(Ord. 05-1 (part), 2005)
12.28.230 Removal, cutting and injury.
No person shall remove, destroy, cut, deface or in any way injure or interfere with any street or park tree
without a permit from the City .
(Ord. 05-1 (part), 2005)
12.28.240 Interference with trees by house mover, permit required.
It shall be unlawful for any person to move any building along any street, avenue or alley in the City, in such a
way as to interfere with or injure any tree or shrub in any street, avenue, alley or public place, including parks and
parkways, without a written permit obtained from the City Park and Tree Board. The application for such permit,
and the permit issued, shall specify the particular building and the particular route to be followed.
(Ord. 05-1 (part), 2005)
12.28.250 Procedure for temporary removal.
All moving of trees and shrubs made necessary by moving of buildings or any other purpose shall be done
under supervision of the City , at the expense of the owners of the buildings, or the party requesting the same.
Should such moving cause the death of the tree, the owner of the buildings or the party requesting the temporary
removal, at his own expense, shall replace the same under the supervision of the City .
(Ord. 05-1 (part), 2005)
12.28.260 Insects and diseases—Declared nuisance.
All insect pests and diseases known to be injurious to fruit, shade, and ornamental trees and shrubs, and all
trees, shrubs and vegetable growth infested or infected therewith constitute a menace, and are hereby declared to
be a common nuisance.
(Ord. 05-1 (part), 2005)
91
Created: 2024-09-18 09:00:09 [EST]
(Supp. No. 22)
Page 8 of 8
12.28.270 Spraying.
Every person who is owner or in possession or control or management of any lot, block or parcel of land
upon which there are any fruit, shade or ornamental trees or shrubs which are infested or infected with any insect
pests or diseases known to be injurious to such fruit, shade or ornamental trees or shrubs, shall, within three days,
upon written notice of the City , spray or cause the same to be sprayed in such manner and with some insecticide
designated by the City. Any person failing to comply with any such notice shall be deemed guilty of maintaining a
nuisance.
(Ord. 05-1 (part), 2005)
12.28.280 Review by the City Council.
The City Council shall have the right to review the conduct, acts, and decisions of the City Park and Tree
Board.
(Ord. 05-1 (part), 2005)
12.28.290 Violation—Penalty.
A. Any person violating any provision of this chapter for which another penalty has not been specifically
provided shall, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code.
B. Any person violating any ordinance, rule, or regulation pursuant to this chapter shall, upon conviction
thereof, be punished by a fine not to be less than fifty dollars nor more than five hundred dollars, or by
imprisonment for a term not exceeding six months, or both.
(Ord. 05-1 (part), 2005)
92