HomeMy WebLinkAboutCouncil Workshop Minutes 04.12.2016 (2) City Council Workshop
April 12, 2016
5:30 p.m.
Council Members Present:
Tom Nelson Doug Poehls
Richard Herr Emelie Eaton
Bill Mountsier Bruce McGee
Absent:
Chuck Dickerson Scott Stokes
Others Present:
Heidi Jensen Mayor Mark Mace
Noel Eaton Sam Painter
Shirley Ewan Blake Christiansen
Blake Christiansen from the Local Government Center out of Bozeman led the Council members
through a workshop regarding committees and their consolidation to organize more productive
meetings with less actual committees.
Blake stated that the purpose of the Local Government Center was to assist
councils/communities in learning more about their positions and the capabilities and purposes
of their positions.
Blake's understanding of the purpose of this workshop is to help the council decide how many
committees are actually needed and the process to combine some of them.
Currently there are 4 standing committees found in the City Charter. They are:
• Budget Finance
• Emergency Services
• Human Resources—Not relevant and could be dissolved per Heidi.
• Public Works
Blake let the council know the purpose of the committees is to increase the robust discussion of
topics and determine a resolution or means of carrying out the committee's purpose.
The City's current boards are set by Ordinance or State Statute
The current board or committees are:
1. Airport Board—Cannot be combined
2. Board of Appeals—Is mostly regarding construction questions and is brought to the
Appeals Committee for a hearing and decision making. The Board of Appeals
committee has never met and could be dissolved. What it does: if the public is not
agreeable with a City decision they can go before the Board of Appeals. Per Sam the
City does have to have an appeals process which could be the Council, similar to how
the Police Commission used to work, it could be a sub-committee on a need basis or
Council could be the Board of Appeals.
3. Cemetery—Could be combined.
4. LURA—TIF District—Cannot be combined.
5. Library—State Statute must be its own board.
6. Parks.
7. Police Commission.
8. Tree Board.
9. City/County Planning—State Statute, not combinable.
10. Health Insurance—Heidi has a problem with the necessity of this committee.
11. Human Relations/Resource Committee—Not relevant anymore.
What we have and why? Boards are too narrowly focused, if broader issues could be focused
on we could have more combined boards and committees.
Time involved by Council is more than desired by them. The city needs to get more citizens
involved. Some Boards/Committees could be combined.
Parks, Tree, Cemetery and Public Works—Deal with City property. PW should be reviewing
matters that the PW department is taking on. Cemetery funds available to improve the
grounds. Park deals with rules and regulations of the cities many parks. All committees are
recommending committees. Tree board established because of Arbor Day and Tree City USA
status. How long will a meeting need to be? Most meetings are 1 hour. Possible to stream line
4 topics down to shorter meetings?
The Chairman of the committee would need to set rules and timing for each topic and stick with
the rules and timing, if committees were combined. A detailed agenda would need to be set
prior to the meeting. If the Chairman could move along and stay on topic meetings should not
last longer than 1 hour. Committees established by ordinance will need to be changed by
ordinance, unless it is stated in the charter. All of our committees are set by ordinance and not
by charter. The ordinances will need to be changed. The council needs to determine which
committees to keep and which committees could be combined. The changes need to be made
through ordinance and minor changes could then be make through resolution (if stated in the
ordinance).
Doug recommends combining Emergency Services and Police Commission.
The purpose of the Police, Ambulance and Fire (EMS) is to recommend ideas and the use of
resources to improve these departments. The purpose of the Police Commission is to
recommend the hiring of new police officers. The Union 303 contract has a new appeals
process,the Police Commission is no longer relevant in that process. They now only meet for
hiring. There is no council members on the Police Commission, but there is on the EMS
committee. The Police Commission could be a sub-committee on the EMS/Police Commission
Committee.
The committees that plan on consolidating need to meet together and get out points that they
would like to cover in their meetings.
Tree board would be a sub-committee of the Parks Board, but would need to be part of the title
to keep Tree City USA designation.
Public Works and Cemetery—together.
Blake than had the group break into 2-3 in a group to come up with ideas of on which
committees should be combined. The outcome of the discussion was as follows:
The combined Committees could be
PW, Cemetery, Tree and Park—Chairman determines how much time
is necessary for each group.
Emergency Services and Police Commission—Police Commission is 3
citizens that are not council members.
The recommended committees to eliminate are:
Board of Appeals—Council take over these duties.
Health Insurance Committee—It this necessary per state statute?
(Secretary's note)
Human Resource Committee
The next step is to redo the ordinances, reduce the number of council members necessary for
each committee; determine who will chair and how many members are necessary to make the
committee workable.
Determine if possible to change hats during hearings (police commission)for example
3 Citizens work as Police Commission and the rest of the members of the board will be
EMS members. If the Police Commission is the only group needed for hiring purposes,
they will be the only 3 called in for that service and the EMS committee will not need to
attend. This idea was mentioned by the City Attorney.
Personal invitations are the best way to cultivate members for each board. Recruit citizens that
are interested in the subject of the committee.
Council members are willing to repeal some of the Committee ordinances or at least combine.
Bruce would like to see 2 committees combined before 4 are combined to see if it will work, if it
goes well then combine more to the committee.
Parks and Tree Board could be combined fairly easily. Tree Board could be a sub-committee of
the Parks Board.
Public Works and Cemetery would be another committee.
The workshop closed at 8:00 p.m., with a note from Blake stating he will return if needed, but is
sure the combination of committees can happen.
Respectfully Submitted,
Shirley Ewan, Clerk/Treasurer
2.08.250
2.08.230 Meetings—Disturbing
prohibited.
It is unlawful for any person to disturb
any meeting of the council or of any com-
mittee thereof;any person violating the pro-
visions of this section shall be fined not less
than one dollar nor more than ten dollars
for each offense. (Prior code§2.12.160)
2.08.240 Standing committees.
At the first regular meeting of the coun-
cil,after the first Monday in January follow-
ing a city election, the mayor shall appoint
standing committees as follows:
A. Public Works;
B. Budget and Finance;
C. Emergency Services;
D. Human Relations.
Each committee shall consist of not
more than four councilpersons and such
other private individuals as the mayor shall
appoint. All appointments shall be ap-
proved by a majority of the council. (Ord.
• 99-24, 1999: Ord. 1012, 1992: prior code
§2.12.170)
•
2.08.250 Special committees.
The mayor shall from time to time ap-
point such other standing or temporary com-
mittees of the council as shall be autho-
rized,for any purpose by a majority vote of
the council. (Prior code§2.12.180)
25 Supp.No.7
:j
14.04.010
Chapter 14.04 F. Limitations of Authority.The board of
appeals shall have no authority relative to in-
CONSTRUCTION BOARD OF terpretation of the administrative provisions of
APPEALS this code nor shall the board be empowered to
waive requirements of this code.(Ord.05-15
Sections: (part),2005)
14.04.010 Board created.
14.04.020 Duties. 14.04.030 Ex officio members.
14.04.030 Ex officio members. The official designated in the uniform code
14.04.040 Failure to comply. as an ex officio member of the board provided
in said uniform code shall be an ex officio
14.04.010 Board created. member of the board established under this
A. There is created a board of appeals title.(Ord.05-15(part),2005)
consisting of five qualified persons appointed
by the mayor,who shall hold office for a two- 14.04.040 Failure to comply.
year term. Once the board of appeals has made its de-
B. All board of appeals provided in any cision, the appellant shall comply with such
uniform code adopted by the city under this decision.Upon failure to comply,a complaint
title or referenced elsewhere in this code,are may be filed with the enforcing official in the
replaced by the board described in subsection city court.(Ord.05-15(part),2005)
A of this section.(Ord.05-15(part),2005)
14.04.020 Duties.
The board of appeals shall:
A. Hear,make findings and decide all ap-
peals arising out of the enforcement of the
codes;
B. Adopt rules and regulations for con-
ducting its investigations;
C. Render all decisions and findings in
writing to the enforcing officer of the particu-
lar code with a duplicate copy to the appel-
lant;
D. Recommend to the mayor such new
legislation as is consistent with its findings
and decisions;
E. Notify the appellant that failure to
comply with the board's decision within ten
days or within a reasonable time set by the
board,will result in the filing of a complaint
in the city court to compel compliance;
(Laurel sem.No.6.4-08) 286-2
818
2.80.010
Chapter 2.80 D. Adopt bylaws,rules and regulations for
its own transaction of business and governing
CITY LIBRARY of the library;
E. Locate the central library and its
Sections: branches;
2.80.010 Board of trustees— F. Contract with other libraries, school
Appointment—Term of districts,educational institutions,the state li-
office. brary, cities, counties, and regions to give,
2.80.020 Trustees—Powers. receive or merge services;
2.80.030 Board of trustees to G. Acquire,use, insure, sell or exchange
appoint chief librarian. real or personal property for library purposes
2.80.040 Library funding. in the name of the city;
2.80.050 Tax levy to cover H. Appoint the chief librarian with whose
maintenance. recommendation the board also employs and
2.80.060 Expenditures. discharges the other necessary employees and
prescribes their duties and fixes and pays their
2.80.010 Board of trustees— salaries.(Prior code§ 19.04.020)
Appointment—Term of
office. 2.80.030 Board of trustees to appoint
A. The mayor with the consent of the chief librarian.
council,shall appoint, before the first of July The board of trustees shall appoint and set
of each year,five trustees who shall constitute the compensation of the chief librarian, who
the board of trustees to manage and control shall also serve as the secretary of the board.
the city library,and whose appointments shall (Prior code§ 19.04.030)
initially be made for one,two,three,four and
five year terms, and thereafter for five years 2.80.040 Library funding.
overlapping. A. The city council shall provide funding
B. Not more than one member of the for the city public library,in such amounts as
council shall be,at any one time,a member of the city may determine from time to time in its
such board. sole discretion,through the general budgeting
C. No trustee shall serve more than two full process,from out of the all-purpose mill levy.
terms in succession.(Prior code§ 19.04.010) The city council, with the approval of the li-
brary board, shall establish reasonable fees
2.80.020 Trustees—Powers. and/or charges for library related and provided
The board of trustees have the power to: services by annual resolution after a public
A. Control expenditures of the public 1i- hearing.
brary fund; B. The city is authorized to accept all do-
B. Operate and care for the library; nations or public subscriptions, gifts or be-
C. Control construction or lease of library quests for library purposes and to deposit
building; them in the appropriate cash account in the
general fund. (Ord. 06-04 (part), 2006: Ord.
1015, 1992: prior code§ 19.04.040)
(Laurel Supp.No.5,4.07) 60
2.80.050
2.80.050 Tax levy to cover
maintenance.
The cost of maintaining the city library
shall be provided for by a tax levy in accor-
dance with the provisions of law applicable
thereto.(Prior code§ 19.04.050)
2.80.060 Expenditures.
All expenditures for the management and
control of the city library, including the pre-
miums on bonds furnished by any trustee or
employee, shall be paid out of the general
fund. (Ord. 1016, 1992: prior code
§ 19.04.060)
61 (Laurel Supp.No.6,408)
2.84.010
Chapter 2.84 unexpired term.(Ord.07-02(part),2007:Ord.
02-44(part),2002: prior code§ 12.04.010)
CITY CEMETERY
2.84.020 Cemetery commission—
Sections: Powers and duties.
2.84.010 Cemetery commission— The cemetery commission shall:
Appointment, A. Meet within ten days after receiving
composition and term. notice of their appointment.The chairman and
2.84.020 Cemetery commission— vice-chairman of the commission must be al-
Powers and duties. derpersons who are appointed to such posi-
2.84.030 Meetings. tions by the mayor with the consent of the
2.84.040 General fund. council.The city clerk-treasurer or his or her
2.84.050 Capital improvement designee shall be secretary;
fund. B. Control and manage all things pertain-
2.84.060 Donations. ing to the city cemetery;
2.84.070 Covenants to ran with C. The commission shall adopt rules and
lots. regulations for the control and management of
2.84.080 Conveyance of lots— the cemetery, which rules and regulations
Requirements. shall be established by resolution of the city
2.84.110 Cemetery hours. council; and which may be changed or
2.84.120 Violation—Penalty. amended from time to time by resolution of
2.84.130 City not liable. the city council as recommended by the com-
mission and as the council may deem appro-
2.84.010 Cemetery commission— pirate. (Ord. 07-02 (part), 2007: Ord. 02-44
Appointment,composition (part), 2002: Ord. 97-3 § 1, 1997;Ord. 97-2
and term. §4, 1997;prior code§ 12.04.020)
There is created and provided an official
body to be known as the Laurel cemetery 2.84.030 Meetings.
commission, which shall consist of seven Four members of the cemetery commission
members. One member of the commission shall constitute a quorum, empowered to
shall be the duly elected, qualified acting transact any business at any regular or special
mayor of the city.Six remaining commission meeting.The cemetery commission shall meet
members shall be appointed by the mayor and at least once each calendar quarter, and at
approved by the council as follows: two such other times at the call of its officers or
members shall be duly elected,qualified and the request of the mayor.(Ord.02-44(part),
acting alderpersons of the city;two members 2002: prior code § 12.04.030)
shall reside within the city limits; and two
members shall reside at large in Yellowstone 2.84.040 General fund.
County. The term of office of each member A. Fifty percent of the proceeds received
shall be two years or sooner, as specified in from all lot sales in the Laurel cemetery shall
the mayor's appointment and until his/her be deposited to the general fund,and shall be
successor is appointed and qualified.Any va- used for regular annual maintenance and care
cancy shall be filled by appointment for the of the cemetery.(Ord.02-44(part),2002) r"-1
(Laurel Supp.No.6,1-OS) 62
•
2.84.050
2.84.050 Capital improvement fund. 2.84.080 Conveyance of lots—
A. There is created a fund to be known as Requirements.
the cemetery capital improvement fund. The A. The mayor and the city clerk-treasurer
fund shall remain intact except as provided or his or her designee shall execute on behalf
below,and shall be invested for the purpose of of the city,deeds of the city to lots or portions
acquiring income for the improvement of the of lots located in the cemetery upon payment
Laurel cemetery,and the uniform care of the of the purchase price.No deed shall be issued
lots under such fund. by the city until the full purchase price of the
B. Fifty percent of the proceeds received lot is paid.
from all lot sales in the Laurel cemetery shall B. The mayor and city clerk-treasurer or
be deposited to the cemetery capital im- his or her designee shall have the power to
provement fund. execute contracts for the sale of lots or por-
C. No part or portion of the cemetery capi- tions of lots in the cemetery upon reasonable
tal improvement fund shall be used for any terms as directed by the commission. (Ord.
purpose other than for capital purchases or 02-44(part),2002:Ord.97-2§4(part), 1997;
capital improvements to or for the benefit of prior code § 12.04.080)
the Laurel cemetery.(Ord.02-44(part),2002:
Ord.924, 1987:prior code§ 12.04.050) 2.84.110 Cemetery hours.
The Laurel municipal cemetery shall be
r..� 2.84.060 Donations. closed to the public on each day from sunset
The city is authorized to accept from any to seven a.m.No person shall enter or remain
source funds to be used for the perpetual care on cemetery grounds during hours of closure
or improvement of the cemetery, and if the without prior approval from the cemetery
donor of such funds does not otherwise direct, commission. (Ord. 02-44 (part), 2002: prior
such funds will be used in a manner to be de- code § 12.08.010)
cided by the commission. (Ord. 02-44(part),
2002: prior code § 12.04.060) 2.84.120 Violation—Penalty.
Any person violating a provision of this
2.84.070 Covenants to run with lots. chapter, or any of the duly approved and
The covenants,rights,limitations and obli- adopted rules and regulations of the cemetery
gations set forth in the conveyance of lots in commission, for which another penalty has
the Laurel cemetery,together with the provi- not been provided shall, upon conviction
sions of this code, are declared to be cove- thereof, be punished as set forth in Section
nants running with the land and shall be bind- 1.36.010.(Ord.02-44(part),2002:prior code
ing upon the owners of the lots conveyed and § 12.08.020)
continue thereon to present and all subsequent
owners thereof.(Ord.02-44(part),2002:prior 2.84.130 City not liable.
code§ 12.04.070) The city is not responsible or liable for any
damage to monuments, markers, or plots
caused by or resulting from vandalism or ac-
cidents involving third persons. (Ord. 02-44
�,,••,s (part),2002: Ord. 805, 1985)
63 (Laurel 4-03)
RESOLUTION NO.R09-61
A RESOLUTION OF THE CITY COUNCIL ADOPTING THE
RESTRUCTURE OF THE HEALTH INSURANCE COMMITTEE.
WHEREAS, the current structure of the City's Insurance and Benefit Committee is
incongruous with the current structure of City staffing and of the City's employees' unions,
rendering the committee ineffective;and
WHEREAS, City staff and the employees' unions have negotiated a restructure of the
Health Insurance Committee,which in is the best interests of the City and its citizens;and
WHEREAS, the Health Insurance Committee Guidelines, a copy of which is attached
hereto,will be incorporated into the City's final Personnel Implementation and Instruction Guide
at a later date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the restructure of the City's Health Insurance Committee Guidelines is hereby
adopted.
BE IT FURTHER RESOLVED,that the Health Insurance Committee Guidelines will be
incorporated into the City's Personnel Implementation and Instruction Guide upon finalization.
Introduced at a regular meeting of the City Council on May 19, 2009, by Council
Member Hart
PASSED and APPROVED by the City Council of the City of Laurel this 19th day of
May, 2009.
APPROVED by the Mayor this 19th day of May,2009.
CITY 0 LAUREL
• E. Olson,Ir.,Ma •
ATTEST:
Mary K. II.Teton, Clerk-Treasurer
,
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Elk River Law Office,P.L.L.P.
R09-61 Restructure Health Insurance Committee
Health Insurance Committee
INSURANCE COMMITTEE GUIDELINES:
1) The City of Laurel hereby establishes a Health Insurance Committee to monitor,
review and provide suggestions on all matters of the group health insurance plan and
make recommendations to the City Council The Committee constitutes 8 members as
follows:
a) Two union members appointed by Local Union#303.
b) Two union members appointed by Local Union#316.
c) Two non-union employees appointed by the Mayor.
d) Two currently seated City Council Members appointed by the Mayor.
e) The CAO shall appoint a non-voting member as the City's-Benefits Coordinator-
who shall provide informational support to the committee as follows:
i) Review and provide available insurance documents and data subject to
the Health Insurance Portability and Accountabilty Act(HIPAA),and
financial data at the full Committees request:
its Provide insight and advice regarding the workings of insurance
products and act as a direct contact to the City's insurance carriers
and/or agents;
iii) Act as a conduit between the Committee,Mayor and Council.
The terms for Union Committee Members will be determined in accordance
with Union Constitution and bylaws governing Committee Members
appointments. The Mayor shall determine the term of Council and non-union
employees appointments.
2) The Role of the Insurance Committee:
The Insurance Committee shall review all matters of the insurance program and
make recommendations to the City. The Committee shall use the appointed City
Benefits Coordinator to give and receive information fiom insurance companies.
The City Council shall consider all recommendations provided by the Committee.
If the City Council declines to accept,adopt or otherwise implement a
recommendation,the specific recommendation shall return to the Committee for
further review,study and discussion. The City shall provide the rationale for the
decision with further recommendations. Discussion shall continue until a mutual
agreement is reached by the City and the Committee.
The Committee shall meet at least Quarterly to discuss and consider items listed
on the Committee's agenda. The committee shall operate via majority vote. Once
the recommendation is approved by majority vote of the Insurance Committee,
the recommendation will be sent to the Mayor for consideration and if requested,
placed on the Council Workshop Agenda for further Consideration. The
Committee shall operate as follows:
809-61 Restructure Health Insurance Committee
a) The Committee shall elect a chair annually who shall preside at Committee
meetings. If the chair is not present at a Committee meeting,an alternate shall be
selected to preside by a majority vote oldie members present.
b) The Committee shall elect a secretary annually,to keep minutes of meetings
and to prepare and distribute the following:
i) Meeting agenda no later than 3 working days prior to the meeting.
ii) Meeting minutes no later than 10 working days after the completion of
each meeting.
iii) The minutes shall reflect each item discussed by the Committee and
whether or not the item was approved by the Committee as a
recommendation to the City.
c) The Committee shall have at least five members present to make a quorum A
recommendation must be affirmatively approved by at least five members of the
Committee in order to constitute an official Committee recommendation to the
City Council.
R09-61 Restructure Health Insurance Committee
12.28.010
Chapter 12.28 12.28.020 Term of office.
The term of office for the members shall be
PARK RULES AND REGULATIONS* four years except that the term of three of the
members appointed to the first board shall be
Sections: for two years and the term of four members of
12.28.010 Creation and the first board shall be for four years. In the
establishment of a city event that a vacancy shall occur during the
park board. term of any member,his or her successor shall
12.28.020 Term of office. be appointed for the unexpired portion of the
12.28.030 Compensation. respective term.(Ord.06-08(part),2006)
12.28.040 Operation.
12.28.050 Park board authority. 12.28.030 Compensation.
12.28.060 Park hours. Members of the board shall serve without
12.28.065 Fees and charges. compensation.(Ord.06-08(part),2006)
12.28.070 Use of tennis courts
restricted. 12.28.040 Operation.
12.28.080 Use of South Pond The board shall select its own officers(if
restricted. any),make its own operational rules and regu-
12.28.090 Use of motor vehicles lotions to govern its meetings, schedule its
/•\ restricted, own meetings'dates and times for the conven
12.28.100 Violation—Penalty. ience of its members and shall keep a record
of its proceedings. All meeting dates and
• Prior history: Prior code H 16.02.010-16.02.050 as times shall be posted at City Hall.A majority
amended by Ords.807,815,921,938,949,966,967 and
980. of the members shall be a quorum for the
transaction of business. (Ord. 06-08 (part),
12.28.010 Creation and establishment 2006)
of a city park board.
There is created and established an advi- 12.28.050 Park board authority.
sory board to the city council that shall be A. The park board of the city shall have
known as the park board for the city of Laurel the authority and discretion to:
("Board")which shall consist of seven mem- 1. Promulgate and develop proposed or-
bers who shall constitute three sitting mem- dinances,rules and/or regulations that govern
bers of the city council and four members at the general use of all city parks with consid-
large who must reside in the city or who must eration of public input for presentation to the
live within two miles thereof.The mayor shall city council for consideration and adoption by
appoint all members with approval of the the city council;
council. The members shall come from di- 2. Establish a proposed permit system to
verse interest groups including,but not limited provide for an advanced reservation system
to,school teachers,club members,homeown- for the exclusive use of a city park or city park
ers, business owners, park professionals improvement by a person or group to be ad-
and/or representatives from the city govern- ministered by city staff upon approval by the
ment.(Ord.06-08(part),2006) city council;
255 (Laurel Supp.No.6,4-08)
12.28.050
3. Prepare and adopt proposed rules or E. Any person violating the terms of this
regulations governing or limiting the posses- section shall,upon conviction,be punished as
sion or use of alcoholic beverages in city set forth in Section 12.28.050 of this code.
parks by any person or group of people, in- (Ord.06-08(part),2006)
cluding establishment of a proposed permit
and registration procedure for the possession 12.28.065 Fees and charges.
or use of alcoholic beverages by any group of The city council shall establish reasonable
people to be administered and enforced by fees and/or charges for the use of the pool,
city staff and/or the city police when applica- parks and/or recreation areas and facilities
ble upon approval by the city council; owned by the city by annual resolution after a
4. Negotiate terms for lease agreements public hearing.(Ord.07-06(part),2007:Ord.
for city parks or other city park related im- 06-04(part),2006)
provements with current or new users,groups
or clubs on the city council's behalf. When 12.28.070 Use of tennis courts
completed,the park board shall present each restricted.
negotiated proposed lease agreement to the A. City tennis courts shall be used only for
city council for approval and adoption by the practice and playing of tennis. All other
resolution of the city council. activities are prohibited on all city tennis
B. All park ordinances,rules and regula- courts.No person shall use or occupy any city
tions promulgated by the park board shall be tennis court or any part thereof for any pur-
adopted by the city council upon recommen- pose other than the playing or practicing of
dation by the park board pursuant to this sec- tennis.
tion. All rules,regulations and/or ordinances B. Any person violating the terms of this
adopted hereunder shall be posted in a public section shall,upon conviction,be punished by
place at each park affected thereby or be a fine not exceeding one hundred dollars.
available at the office of the city clerk- (Ord.06-08(part),2006)
treasurer.(Ord.06-08(part),2006)
12.28.080 Use of South Pond
12.28.060 Park hours. restricted.
A. Except as otherwise provided herein, A. The following activities are prohibited
all city parks shall be closed from twelve a.m. at South Pond at all times:
until six a.m.each night. 1. Swimming,except for approved scuba
B. No person shall remain in or upon any diving and skin diving as set forth in this sec-
city park during closed hours. tion;
C. This section shall not apply to the 2. Motorized or power boating of any
overnight camping areas designated in River- kind.
side Park. B. Scuba diving and skin diving shall be
D. The children's playground equipment permitted at South Pond by advance permit
commonly known as"Kids Kingdom"at Ki- only,subject to the following restrictions:
wanis Park shall close at sunset and reopen at
sunrise.
cel S .No.6.4-08) 256
12.28.080
1. Any person,prior to skin or scuba div- conviction therefore, be punished in accor-
ing in South Pond, shall first obtain from the dance with the provisions of Section 1.36.010
city a permit; of this code. (Ord.06-08(part),2006)
2. Permits granted hereunder are given
pursuant to Montana Code Annotated § 70- 12.28.090 Use of motor vehicles
16-302(1). The city shall not collect any fee restricted.*
for issuing a permit hereunder. The city shall A. No person shall drive or otherwise op-
not be liable for any accidents or injury to per- erate any motor vehicle in any city park ex-
sons or property derived from skin or scuba cept in or upon gravelled or paved parking
diving or related activities. Every applicant areas.
must sign release and waiver of liability be- B. This chapter shall not apply to city ve-
fore receiving a permit hereunder; hides in the regular operation and conduct of
3. The city shall not issue a permit unless city business or to construction or mainte-
the applicant first displays to the city a current nance vehicles belonging to any contractor
certification of diving qualification issued by performing any work for the city in any city
a recognized diving training school affiliated park.
with one of the below listed organizations. C. Users of Riverside Park,however,may
Student applicants must be accompanied by a operate vehicles only upon designated, de-
certified instructor at all times and are subject fined roadways therein.
/1. to all other requirements of this section. The D. Any violation of this chapter shall,
following organizations are recognized by the upon conviction thereof, be punishable as
city as proper certifying authorities: provided in Section 1.36.010 of this code.
a. N.A.U.I.—National Association of Un- (Ord. 06-08(part),2006)
derwater Instructors,
b. P.A.D.I.—Professional Association of * There were two sections numbered 16.02.020 added to the
Diving Instructors, Laurel prior code.
c. Y.M.C.A.—Young Men's Christian 12.28.100 Violation—Penalty.
Association, A. Any person violating any provision of
d. N.A.S.D.S.—National Association of this chapter for which another penalty has not
Skin Diving Schools, been specifically provided shall,upon convic-
e. P.S.I.C.—Professional Divers Instruc- tion thereof, be punished as set forth in Sec-
tional College; tion 1.36.010 of this code.
4. All permittees shall be subject to all B. Any person violating any ordinance,
federal and state laws, rules and regulations rule or regulation adopted by the park corn-
pertaining to scuba diving and skin diving; mittee pursuant to this chapter shall, upon
5. Any permit issued hereunder may be conviction thereof,be punished by a fine not
revoked at any time by city police officers, to be less than fifty dollars nor more than five
with or without cause. Divers shall immedi- hundred dollars, or by imprisonment for a
ately leave the pond upon demand of any po term not exceeding six months,or both.(Ord.
lice officer. 06-08(part),2006)
C. Any person who violates any of the
terms or provisions of this section shall,upon
256-1 (Laurel Supp.No.5,4.07,
• I
12.32.030
Chapter 12.32 12.32.230 Authority of adjoining
property owner to plant or
TREES AND BOULEVARDS* care for trees on boulevard
Sections:
or parkways.
12.32.240 Removal,cutting and
12.32.010 Boulevards to be kept in injury.
grass and trees. 12.32.250 Interference with trees by
12.32.020 Boulevards—Regulation of house mover,permit
trees on. required.
12.32.030 Cottonwood trees 12.32.260 Procedure for temporary
prohibited. removal.
12.32.040 Definitions. 12.32.270 Insects and diseases-
12.32.050 Creation and Declared nuisance.
establishment of a city tree 12.32.280 Spraying.
board. 12.32.290 Review by the city council.
12.32.060 Term of office. 12.32.300 Violation—Penalty.
12.32.070 Compensation. • Prior code history:Prior code§§11.36.010,20.12.010 and
12.32.080 Duties and responsibilities. 20.12.020.
12.32.090 Operation. 12.32.010 Boulevards to be kept in grass
12.32.100 Tree species to be planted. and trees.
All boulevard areas must be kept in
12.32.110 Spacing.
grass and trees unless specific permission is
12.32.120 Distance from curb and granted by the city council for other pur-
sidewalk. poses.Any person failing to comply or vio-
12.32.130 Distance from street lating the provisions of this section shall be
corners and fireplugs. deemed guilty of a misdemeanor.(Ord.05-1
12.32.140 Utilities. (part), 2005)
12.32.150 Public tree care. 12.32.020 Boulevards—Regulation of
12.32.160 Pruning standards. trees on.
12.32.170 Tree topping. The owner of property adjoining a bou-
levard shall be responsible for the care and
12.32.180 Pruning and corner maintenance of the boulevard and he shall
clearance. keep the trees planted thereon trimmed and
12.32.190 Dead or diseased tree in a condition so that the same shall not be
removal on private a public nuisance;and,if necessary for the
property. city to remove any trees from such boule-
12.32.200 Protection of trees. yard, the costs of such removal shall be
12.32.210 Interference with the city assessed against the abutting property owner.
tree board. (Ord. 05-1 (part), 2005)
12.32.220 Arborist's license and 12.32.030 Cottonwood trees prohibited.
bond. No cottonwood trees shall be planted
or allowed to grow on private property or
257 Supp.No.9
12.32.030
boulevards within the city limits.(Ord.05-1 12.32.070 Compensation. /-1
(part),2005) Members of the board shall serve with-
out compensation. (Ord.05-1 (part),2005)
12.32.040 Definitions.
As used in this chapter: 12.32.080 Duties and responsibilities.
It shall be the responsibility of the city
"Park trees"mean trees,shrubs,bushes tree board to study, investigate, counsel,
and all other woody vegetation in public develop and administer a written plan for
parks having individual names, and all ar- the care, preservation, pruning, planting,
eas owned by the city,or to which the public replanting, removal or disposition of trees
has free access as a park. and shrubs in parks, along streets, and in
"Street trees"mean trees,shrubs,bushes, other public areas. Such plan will be pre-
and all other woody vegetation on land sented annually to the city council and upon
lying between property lines on either side their acceptance and approval shall consti-
of all streets, avenues, or ways within the tute the official comprehensive city tree plan.
city. (Ord.05-1 (part), 2005) The board shall promote and supervise
the establishment of a tree inventory for
12.32.050 Creation and establishment street and park trees.The inventory shall be
of a city tree board. updated with the results of ground inspec-
There is hereby created and established tions every three years.
an advisory board to the city council which The board, when requested by the city
will be known as the city tree board for the council, shall consider, investigate, make
city of Laurel("board")which shall consist finding, report and recommend upon any
of five members who are residents of this special matter or question coming within
city or who live within two miles thereof, the scope of its work. (Ord. 05-1 (part),
who shall be appointed by the mayor with 2005)
approval of the council.The members shall
come from different interest groups includ- 12.32.090 Operation.
ing homeowners, tree professionals, street The board shall choose its own officers,
department, and city government. (Ord. make its own rules and regulations, which
05-1 (part),2005) shall be approved by the city council, and
(Ord.No. 011-04, 3-15-2011) keep a journal of its proceedings.A major-
ity of the members shall be a quorum for
12.32.060 Term of office. the transaction of business. (Ord. 05-1
The term of the five persons to be ap- (part),2005)
pointed by the mayor shall be three years 12.32.100 Tree species to be planted.
except that the term of two of the members The city tree board shall develop and
appointed to the first board shall be for maintain a list of desirable trees for plant-
only one year and the term of three mem- ing along
bers of the first board shall be for two years.
In the event that a vacancy shall occur dur-
ing the term of any member, his successor
shall be appointed for the unexpired por-
tion of the term. (Ord. 05-1 (part),2005)
(Ord. No. 011-04,3-15-2011) •"""\
258 Supp.No.9
12.32.100
streets in three size classes, based on mature may be planted under, or within ten feet of
height: small (under twenty feet), medium any overhead utility wire. (Ord. 05-1 (part),
(twenty to forty feet) and large (over forty 2005)
feet).Efforts shall be made to ensure a suffi-
cient diversity of tree species.Lists of prohib- 1232.150 Public tree care.
ited trees or trees not suitable for planting will The city shall have the right to plant,prune,
also be developed and maintained by the maintain,and remove trees,plants,and shrubs
board.(Ord.05-1 (part),2005) within the lines of all streets,alleys,avenues,
lanes, squares,and public grounds as may be
1232.110 Spacing. necessary to insure public safety or to pre-
The spacing of street trees will be in accor- serve or enhance the symmetry and beauty of
dance with the three size classes listed in Sec- such public grounds.
tion 12.32.100 of this chapter, and no trees The city tree board may remove or cause or
may be planted closer together than the fol- order to be removed any tree or part thereof
lowing:small trees,fifteen feet;medium trees, which is in an unsafe condition or which by
twenty-five feet; and large trees, thirty-five reason of its nature is injurious to sewers,
feet; except in special plantings designed or electric power lines,gal lines,water lines, or
approved by a landscape architect.(Ord.05-1 other public improvements,or is affected with
(part),2005) any injurious fungus, insect, or other pest.
,•'•• This section does not prohibit the planting of
12.32.120 Distance from curb and street trees by adjacent property owners pro-
sidewalk. viding that the selection and location of said
The distance trees may be planted from trees is in accordance with Sections 12.32.100
curbs or curb lines and sidewalks will be in and 12.32.110 of this chapter. (Ord. 05-1
accordance with the three size classes listed in (part),2005)
Section 12.32.100 of this chapter,and no tree
may be planted closer to any curb or sidewalk 1232.160 Pruning standards.
than the following: small trees,two feet;me- All tree pruning on public property shall
dium and large trees, three feet. (Ord. 05-1 conform to the ANSI A300 standards for tree
(part),2005) care operations.(Ord. 05-1 (part),2005)
1232.130 Distance from street corners 1232.170 Tree topping.
and fireplugs. It shall be unlawful as a normal practice for
No street tree shall be planted within thirty- any person,firm,or city department to top any
five feet of any street corner,measured from street tree, park tree, or other tree on public
the point of nearest intersecting curbs or curb property.Topping is defined as the severe cut-
lines.No street tree shall be planted within ten ting back of limbs to stubs larger than three
feet of any fireplug.(Ord. 05-1 (part),2005) inches in diameter within the tree's crown to
such a degree so as to remove the normal can-
12.32.140 Utilities. opy and disfigure the tree. Crown reduction
No street trees other than those species ac- by a qualified arborist may be substituted,
cepted as small trees by the city tree board where appropriate.Trees severely damaged by
259
(Laurel Supp.No.4,4-O(i)
12.32.170
storms or other causes, or certain trees un- harbor insects or disease which constitute a
der utility wires or other obstructions where potential threat to other trees within the city.
other pruning practices are impractical may The city tree board will notify in writing the
be exempted from this chapter at the deter- owners of such trees. Removal shall be done
mination of the city tree board. (Ord. 05-1 by said owners at their own expense within
(part), 2005) sixty days after the date of service of notice.
In the event of failure of owners to comply
12.32.180 Pruning and corner with such provisions, the city shall have the
clearance. authority to remove such trees and charge the
Every owner of any tree overhanging any cost of removal on the owner's property tax
street or right-of-way within the city shall notice.(Ord.05-1 (part),2005)
prune the branches so that such branches shall
not severely obstruct the light from any street 12.32.200 Protection of trees.
lamp or obstruct the view of any street inter- In order to maintain the overall forest,rea-
section,and so that there shall be a clear space sonable efforts shall be made to replace trees
of thirteen feet above street surface or eight that are removed and to protect quality trees
feet above the sidewalk surface. Said owners that are endangered.
shall remove all dead,diseased or dangerous Trees removed by decision of the city tree
trees,or broken or decayed limbs,which con- board or by natural causes shall be replaced
stitute a menace to the safety of the public. somewhere in the forest on a one-for-one ba- /"`\
The city shall have the right to prune any tree sis within one year. The location and species
or shrub on private property when it interferes of any replacement tree shall be determined
with the proper spread of light along the street by the city tree board.
from a street light,or interferes with visibility Trees of desirable species and good health
of any traffic control device or sign or sight shall be protected as much as possible from
triangle at intersections. damage during construction,sidewalk repair,
Tree limbs that grow near high voltage utilities work above and below ground, and
electrical conductors shall be maintained clear other similar activities.The zone of protection
of such conductors by the electric utility cam- shall include the ground beneath the canopy of
pany in compliance with any applicable fran- the tree. (Ord.05-1 (part),2005)
chise agreements.A utility tree trimming pol-
icy must be reviewed by the utility company 12.32.210 Interference with the city
and city tree board prior to any trimming by tree board.
the utility. (Ord. 05-1 (part),2005) It shall be unlawful for any person to pre-
vent,delay or interfere with the city of Laurel,
12.32.190 Dead or diseased tree its city tree board, or any of its agents while
removal on private engaging in and about the planting,cultivating,
property. mulching, pruning, spraying, or removing of
The city shall have the right to cause the any street trees,park trees. or trees on private
removal of any dead or diseased trees on pri- grounds, as authorized by this chapter. (Ord.
vate property within the city,when such trees 05-1 (part),2005)
constitute a hazard to life and property, or t�
(Laurel Supp.No.4,4-06) 260
12.32.220
12.32.220 Arborist's license and bond. 12.32.240 Removal,cutting and
It shall be unlawful for any person or firm injury.
to engage in the business or occupation of No person shall remove, destroy, cut, de-
pruning, treating, or removing street or park face, trim, or in any way injure or interfere
trees within the city without first applying for with any street or park tree without a permit
and procuring a license.The license fee shall from the city tree board. (Ord. 05-1 (part),
be seventy dollars annually in advance; pro- 2005)
vided, however, that no license shall be re-
quired of any public service company includ- 12.32.250 Interference with trees by
ing electric utilities and their agents and con- house mover,permit
tractors or city employee doing such work in required.
the pursuit of their public service endeavors. It shall be unlawful for any person to move
Before any license shall be issued,each appli- any building along any street,avenue or alley
cant shall first file evidence of possession of in the city, in such a way as to interfere with
liability insurance in the minimum amounts of or injure any tree or shrub in any street, ave-
seven hundred fifty thousand dollars per claim nue,alley or public place,including parks and
and one million five hundred thousand dollars
per occurrence indemnifying the city or any parkways, without a written permit obtained
person injured or damaged resulting from the from the city tree board. The application for
pursuit of such endeavors as herein described. such permit,and the permit issued,shall spec-
(Ord.05-1 (part),2005) ify the particular building and the particular
route to be followed.(Ord.05-1 (part),2005)
12.32.230 Authority of adjoining
property owner to plant or 12.32.260 Procedure for temporary
care for trees on boulevard removal.
or parkways. All moving of trees and shrubs made nec-
Permission is given to the owners of real essary by moving of buildings or any other
estate to improve their premises by planting purpose shall be done under supervision of the
trees and properly caring for trees in the city tree board, at the expense of the owners
boulevards adjoining their property after per- of the buildings, or the party requesting the
mit is obtained from the city.Such trees shall same.Should such moving cause the death of
in no case interfere with the full use of the the tree, the owner of the buildings or the
streets for public purposes, and no person party requesting the temporary removal,at his
shall plant any tree within the limits of any own expense,shall replace the same under the
parkway, street, or alley in the city without supervision of the city tree board.(Ord. 05-1
having first obtained a written permit from the (part),2005)
city.
It shall be the duty of any property owner 12.32.270 Insects and diseases—
to make request in writing to the city,stating Declared nuisance.
the variety and precise location of each tree All insect pests and diseases known to be
proposed to be planted. The permit shall injurious to fruit,shade,and ornamental trees
specify location and variety of each tree. and shrubs,and all trees,shrubs and vegetable
(Ord. 05-1 (part), 2005) growth infested or infected therewith consti-
260-1 (Laurel Supp.No.4,4-06)
12.32.270 P1
tute a menace,and are hereby declared to be a
common nuisance. (Ord.05-1 (part),2005)
12.32.280 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 order of the
city tree board,spray or cause the same to be
sprayed in such manner and with some insec-
ticide designated by the city.Any person fail-
ing to comply with any such order shall be
deemed guilty of maintaining a nuisance.
(Ord. 05-1 (part),2005)
12.32.290 Review by the city council. t"'""N,
The city council shall have the right to re-
view the conduct, acts, and decisions of the
city tree board.Any person may appeal from
any ruling or order of the city tree board to the
city council who may hear the matter and
make final decisions.(Ord.05-1 (part),2005)
12.32.300 Violation—Penalty.
Any person violating any provision of this
chapter shall be,upon conviction or a plea of
guilty,subject to a civil fine not to exceed one
hundred dollars for each violation.(Ord.05-1
(part),2005)
n
(Laurel Supp.No.4.4-06) 260-2
2.72.010
Chapter 2.72 C. Three citizen members to be appoint-
ed by the mayor of the city;
CITY-COUNTY PLANNING BOARD D. Three citizen members to be appoint-
ed by the Yellowstone County board of
Sections: county commissioners.Two members shall
2.72.010 Created. reside outside the city limits but within the
2.72.020 Composition. jurisdictional area of the planning board;
2.72.030 Jurisdiction. E. The eleventh member shall be select-
2.72.040 Filing requirements. ed by the ten official and citizen members
2.72.050 Ratification of acts by hereinabove provided for with the consent
prior planning board. and approval of the board of county com-
2.72.060 Fee schedule. missioners and the city council;
F. The terms of the members who are
2.72.010 Created. officers of any governmental unit represent-
There is created a planning board to be ed on the board shall be coextensive with
known as the Laurel-Yellowstone their respective terms of office to which
city-county planning board, pursuant to they have been elected or appointed; the
Sections 76-1-201 and 76-1-203,MCA;that terms of the other members shall be two
the city of Laurel shall join with Yellow- years, except that the terms of the first
stone County, Montana, in the creation of members appointed shall be fixed by agree-
a joint planning board.The Laurel-Yellow- ment and rule of the governing bodies rep-
stone city-county planning board shall have resented on the board for one or two years
all powers and duties as prescribed by Sec- in order that a minimum number of terms
tions 76-1-305, 76-1-306, 76-1-401, MCA shall expire in any year;
as amended. (Prior code § 17.04.010) G. Vacancies occurring on the board
shall be filled by the governing body, hav-
2.72.020 Composition. ing appointed them for the unexpired term.
The Laurel-Yellowstone city-county (Prior code § 17.04.020)
planning board shall consist of eleven mem-
bers to be appointed as follows: 2.72.030 Jurisdiction.
A. Two official members who reside The jurisdictional area shall include the
outside the city limits, to be appointed by area within the corporate limits of the city
the Yellowstone County board of commis- and extend four and one-half miles beyond
sioners who may in the discretion of the the limits of the city. (Prior code §
board of county commissioners be em- 17.04.030)
ployed by or hold public office in the coun-
ty; 2.72.040 Filing requirements.
B. Two official members to be appoint- All proposed subdivisions, plats, or cer-
ed by the city council who may in the dis- tificates of survey shall be presented to and
cretion of the Laurel city council, be em- meet the approval of the Laurel-Yellow-
ployed by or hold public office in the city; stone city-county planning board within the
jurisdictional area above described before
/1
55 (Laurel 6.99)
2.72.040
the same shall be filed of record or accepted
for record or brought within the city limits
of the city. (Prior code § 17.04.040)
2.72.050 Ratification of acts by
prior planning board.
All acts, contracts and actions of the
city-county planning board organized under
Ordinance 571-A are ratified by the city.
All members appointed to the city-county
planning board under Ordinance 571-A shall
be members of the Laurel-Yellowstone
city-county planning board until their term
shall expire as provided under Ordinance
571-A. (Prior code § 17.04.050)
2.72.060 Fee schedule.
Each application required or submitted
under this title shall be accompanied by
payment of a fee as determined by the city
council.The city council shall by resolution �~
adopt a schedule fees for each type of appli-
cation. (Ord. 98-2, 1998: prior code §
17.96.010)
(Laurel 6-99) 56
1
CC
P
BY-LAWS
La4e1 City-County Planning Board
• Serving the City of Laurel and a portion of Yellowstone County
{
1
ARTICLE 1
i,.
NAME AND LOCATION
Section 1. Name
The name of this Board shall be the Laurel City-County Planning Board(hereinafter referred to as the
Board).
Section 2. Location
The Board offices are located on the second floor of Laurel City Hall,115 West First Street,Laurel,
Montana.
ARTICLE II
DEFINITION OF TERMS
As used in these by-laws.
1. Board:Laurel City-County Planning Board
2. City:City of Laurel
3. City Council:The governing body of the City of Laurel •
4. County:Yellowstone County,Montana
5. County Commissioners:The governing body of Yellowstone County
6. Planning Director:The individual so designated by the City of Laurel
7. Plat:A subdivision of land into lots,streets and areas marked upon the earth and represented
on paper,and includes re-plats and amended plats.
ARTICLE Ill
AUTHORITY,POWERS AND DUTIES
Section 1. Authority
The Laurel City-County Planning Board is authorized under Section 76-1-112 Montana Code Annotated
and the Interlocal Agreement dated 1978.
Section 2. Powers and Duties
A. Role of the Board
1. To assure the promotion of public health,safety,convenience,order,the general welfare
and for the sake of efficiency and economy in the process of community development,the
Planning Board shall prepare a Growth Policy and shall serve in an advisory capacity to the
local governing bodies establishing the Planning Board.
2. The role of the Board shall be to recommend planning policy to the County and City of
Laurel.
2
•
•
.
3. The Board shall prepare a Growth Policy for the jurisdictional area,as defined in Section 76-
1-601 Montana Code Annotated.
4. The Board shall perform other planning related functions as requested by the parties
hereto.
a. Prescribe uniform rules pertaining to hearings
b. Adopt by-laws,which set forth the Board's policies and procedures.
c. Keep an accurate and complete record of all proceedings.
5. The Board may,from time to time,comment upon plans and planning related policies
subject to review or adoption by Federal or State agencies,and/or may recommend that the
County and City make appropriate comment on the same.
ARTICLE IV •
JURISDICTIONAL AREA
The jurisdictional area of the Board will include the City of Laurel and the jurisdictional area identified in
Exhibit A.
ARTICLE V
OBJECTIVES AND POLICIES
The objectives of the Board,as established by State Law,are to enable units of local government to
cooperate in promoting the orderly development of those units and their environs by planning for the
improvement of the present health,safety,convenience,and welfare of their citizens and the future
development of their communities to the end that highway systems be carefully planned,that new
community centers grow only with adequate highway,utility,health,educational and recreational
facilities;that the needs of agriculture,industry and business be recognized in future growth;that
residential areas provide healthy surroundings for family life;and that the growth of the community be
commensurate with the promotion of the efficient and economic use of public funds.
ARTICLE VI
MEMBERSHIP AND TERMS OF APPOINTMENT
Section 1. Composition
The Board shall consist of citizen members and may include elected officials.
Section 2. Membership
The Board shall consist of nine(9)members as stated in Section 76-1-201.
Two official members,who reside outside the city limits but within the jurisdictional area of the City-
County Planning Board,to be appointed by the Board of County Commissioners,who may in the
( discretion of the Board of County Commissioners be employed by or hold public office in the County;
3
Two official members who reside within the city limits to be appointed by the City Council,who may in
the discretion of the City Council be employed by or hold public office in the city;
Two citizen members who reside within the city limits to be appointed by the mayor of the city;
Two citizen members who reside within the jurisdictional area of the City-County Planning Board to be
appointed by the Board of County Commissioners;
The ninth member to be appointed by the board of supervisors of a conservation district provided for in
76-15-311 MCA.
Section 3. Terms
Members of the Board shall be appointed to 2-year terms pursuant to Section 76-1-203 Montana Code
Annotated.
Section 4. Absences and Removal
A. Each member shall inform the Planning Director at least one day before the meeting of his/her
inability to attend a Board or Committee meeting.Such an absence shall be considered an
excused absence.
B. If any Board member accrues three(3)or more consecutive unexcused absences from regular
meetings,notice of which has been given at his/her usual place of work or residence,or by
announcement at a meeting attended by him/her,the President may call such absences to the
attention of the Board,which may then recommend to the appointing authority that such
member be asked to resign and that another person be appointed to serve out the unexpired
term.
Section 5. Vacancies
Vacancies occurring on the Board shall be filled by the governing body having appointed them for the
unexpired term.
ARTICLE VII
BOARD OFFICER,TERMS,AND DUTIES
Section 1. Officers
The officers of the Board shall consist of a President and Vice-President.
Section 2.Election of Officers
The President and Vice-President shall be elected by a majority of the Board members present and
voting at the first regular scheduled meeting in January.The terms of office of the President and Vice-
President shall commence on February 1.
4
Section 3. Board President
cm• • •
The President shall preside over all regular and special meetings of the Board and may vote in the case
of a tie or to create a tie.The President shall also sign such documents and communications on behalf of
the Board,as the Board may authorize and are of such a nature as to require the signature of the
President.The President may in absence delegate such responsibility to the Vice-President.The
President shall have the authority to appoint in ARTICLE IX Committees.The President shall be an"ex-
officio" member of all committees except the nominating committee,shall retain voting rights on these
committees,and shall be counted as a member for purposes of comprising a quorum.
Section 4. Board Vice-President
The Vice-President,in the absence of the President,shall preside over any regular or special meeting of
the Board and,at the direction of the President,shall sign such documents and communications on
behalf of the Board,as the Board may have authorized the President to sign.
Section 5. Office Vacancy
If the office of the President becomes vacant,then the Vice-President shall fill the unexpired term.On
assuming this office,the President shall appoint a nominating committee to present their nomination
for Vice-President.
Section 6. Removal of Officers
If the Board votes no confidence in an officer,a motion to remove said officer shall be brought before
the Board at its next meeting.Should the motion pass,a new officer shall be elected to serve the
remainder of the term of office.
Section 7. Terms of Office
All officers shall serve a term of one(1)year.Any officer may serve for successive terms.
Section 8. The Director of Planning
The Director of Planning duties may include:
A. Keeping true and correct copies of the minutes of all regular and special Board meetings,and
the minutes of any committee meetings.
B. Administering the affairs of the Board in accordance with adopted Board policies and policies of
the County.
C. Recommending policies,ordinances and resolutions which may be necessary to accomplish the
objectives of the Board and implement the goals of the Growth Policy.
D. Representing the Board before any other board,commission or committee,or citizen's
organization.
E. Preparing official notices and agendas in the name of the Board.
5
F. Signing all plats and affixing the official seal of the Board thereon,only after such plat has been
approved in accordance with the requirements of the Subdivision Regulations,adopted policies
and procedures of the Board,and only after all requirements have been satisfied.
•
ARTICLE VIII
MEETINGS,QUORUMS AND PROCEDURES
Section 1. Regular Meetings
Regular meetings of the Board shall be held on the first Thursday of each month at 10:00 am in the
Laurel City Council Chambers or such other place and time as shall be advertised in a conspicuous
location in the designated posting area at Laurel City Hall on the day of the regular meeting.Regular
meetings of the Board and its committees are open to the public and testimony or correspondence may
be received from any citizen at any public meeting.Regular and special meetings shall be recorded and
all records shall be available for public inspection during normal business hours at the Planning Office on
the second floor of Laurel City Hall.
Section 2.Quorums
A. A majority of voting members shall constitute a quorum.
B. No action of the Board is official,however,unless authorized by a majority of voting Board
members in attendance at a regular or properly called special meeting.Official action can only
be conducted when there is a quorum present at any meeting.
Section 3.Special Meetings
Special meetings of the Board may be called by the President or by any two members upon request to
the Planning Director three(3)working days prior to the date of the special meeting.The Planning
Director shall then notify all members of the special meeting and the topic(s)to be considered.
Section 4.Agendas
The agenda for a regular meeting will be closed at 5:00 p.m.three(3)working days prior to the date of
the meeting.Each agenda shalt contain the following standing items:
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. PREVIOUS MEETING MINUTES
4. PUBLIC COMMENT PERIOD
5. DISCLOSURE OF CONFLICT OF INTEREST
6. DISCLOSURE OF EX PARTE COMMUNICATION
7. OLD BUSINESS •
8. AGENDA ITEMS FOR NEXT BOARD MEETING
9. ADJOURNMENT
6
Agendas and copies of the minutes of all regular meetings shall be distributed to each member of the
Board no later than the Thursday preceding the meeting date.In addition,all agencies,organizations
and individuals that may have an interest before the Board shall be notified of the upcoming meeting.At
the beginning of each meeting,the public shall be given the opportunity to address the Board on any
item that is not on the current agenda.The Board will not take action on the item at that time,but could
choose to add the item to the next regular meeting's agenda for discussion.
Section 5.Public Hearings
The Board shall cause to be published a Notice of Public Hearing containing the date,time,location and
purpose,pursuant to statutory requirements,in a newspaper of general circulation for each hearing
held by the Board.
A. Public Hearings for Subdivision
1. When a preliminary plat application is set for a public hearing pursuant to a public notice,
the matter shall be heard even though no one in favor or in opposition to the application
appears at the hearing.If the Board receives a written request from the subdivider 24 hours
prior to the public hearing,to continue such hearing at a later time or to withdraw or to
postpone the application,the Board may choose to do so.
2. Each person who speaks at the public hearing shall stand and furnish his/her name and
address to the Board and shall thereby become a party of the record.
3. Each preliminary plat application shall be heard in the following order:
a. A Planning Department staff member shall summarize pertinent data and present or
amplify the recommendations of staff and department heads.
b. The applicant,or his representative,shall present the application to the Board,and
summarize the proposed subdivision and,if applicable,the following criteria of
public interests:
i. Effects on Agriculture
ii. Effects on Local Services
M. Effects on the Natural Environment
iv. Effects on Wildlife and Habitat
v. Effects on Public Health and Safety
vi. Effects on Agricultural User Facilities
c. Persons in favor'or opposed to the application shall be heard or written comments
received until the close of the public hearing.
B. Other Public Hearings
1. All other public hearings shall be conducted in accordance with the following procedure:
a. Chairman introduction
b. Staff presentation of item
c. Applicant presentation of item
d. Open the floor for written or oral comment(Proponents and Opponents will be
called for three (3)times.)
7
e. Staff and applicants may respond,only if necessary
f. Close the public hearing
ARTICLE IX
COMMITTEES AND ADVISORY COMMITTEES
Section 1. Committees
The President is responsible for selecting the chairman and individual members of the committee.
Special Committees for any purpose maybe appointed by the President or created by motion of the
Board to create and direct the President to appoint its members.
Section 2. Committee Action
In no case shall a committee take official action unless a quorum is present.
ARTICLE X
LEGAL ASSISTANCE
The Board shall seek legal assistance from the attorneys for the appropriate governing body.
ARTICLE XI
MISCELLANEOUS
Section 1. Conflict of Interest
Any member(s)having a financial or personal interest in a matter before the Board for discussion or
vote shall publicly disclose the nature and extent of such interest and absent himself from the meeting
until discussion on the matter has ended and a vote,if any,is taken.In such circumstance,the secretary
shall note in the minutes that a conflict of interest was acknowledged and the board member(s)was
absent during the discussion and voting.
8
` I
2.60.010
Chapter 2.60 2.60.200 Police commission—
Officers.
POLICE DEPARTMENT 2.60.210 Police officers' retirement
system.
Sections:
2.60.010 Mayoral authority. 2.60.010 Mayoral authority.
2.60.015 Police arrest authority. The mayor shall have charge of and super-
2.60.020 Composition and vision over the police department. He shall
nomination of same. enforce the observance of all ordinances that
2.60.030 Chief of police—Duties. regulate the management and discipline of the
2.60.040 Assistant chief of police. police force.(Prior code §2.20.010)
2.60.050 Police duties.
2.60.060 Special policemen. 2.60.015 Police arrest authority
2.60.070 Reserve and auxiliary All police officers of the city of Laurel
police forces. shall have the power to make arrests of per-
2.60.080 Reserve and auxiliary sons committing crimes or charged with
police forces—Police chief crimes:
authority. 1. Within the limits of the city;
2.60.090 Reserve and auxiliary 2. Within five miles thereof;and
r—•• police forces—Powers 3. Along the line of water supply of the
and duties. city. (Ord.00-3, 2000)
2.60.100 Police commission—
Appointment—Terms
ommission—
Appointment Terms 2.60.020 Composition and
and conditions of office. nomination of same.
2.60.110 Police commission— The mayor shall nominate, and with the
Rules and regulations. consent of council, appoint one chief of po-
2.60.120 Mayor to refer lice, one assistant chief of police, and such
appointments. subordinate officers of the police force as may
2.60.130 Applicants—Examination be required.(Prior code§ 2.20.020)
required.
2.60.140 Presentation of charges— 2.60.030 Chief of police—Duties.
Police commission It is the duty of the chief of police:
jurisdiction. A. To execute and return all process is-
2.60.150 Police commission—Trial sued by the city judge, or directed to him by
procedure. any legal authority,and to attend upon the city
2.60.170 Police commission court regularly;
decision—Enforcement— B. To arrest all persons guilty of a breach
Appeal. of the peace or for the violation of any mu-
2.60.180 Suspension—Discharge— nicipal ordinance, and bring them before the
Power and authority. city judge for trial;
2.60.190 Temporary police duty— C. To have charge and control of all po-
Mayoral authority. licemen, subject to such rules as may be pre-
4 1
re-41 (Laurel 7-02)
2.60.030 /".1
scribed by ordinance, and to report to the shall be set by the council. (Prior code
council all delinquencies or neglect of duty or §2.20.120)
official misconduct of policemen for action of
the council; 2.60.080 Reserve and auxiliary police
D. The chief of police has the same pow- forces—Police chief
ers as a constable in the discharge of his du- authority.
ties, but he must not serve a process in any The chief of police shall be responsible for
civil action or proceeding except when the the training and conduct of the reserve police
city is a party; force and auxiliary police force,and shall pre-
E. To perform such other duties as the pare rules and regulations governing the con-
council may prescribe.(Prior code§2.20.030) duct and use of such reserve police force and
auxiliary police force,subject to the approval
2.60.040 Assistant chief of police. of the mayor.(Prior code §2.20.130)
The assistant chief of police shall be under
the direct supervision and control of the chief 2.60.090 Reserve and auxiliary police
of police and shall,in the absence or disability forces—Powers and duties.
of the chief of police, perform the duties of The reserve police force and auxiliary po-
that officer.(Prior code§2.20.040) lice force, under the direction of the chief of
police and the mayor, shall aid the regular
2.60.050 Police duties. police department in any manner the police /Th
The police officers of the city shall carry chief and mayor deem advisable in protection
out the orders of their superior officers and of the inhabitants and property of the city.The
observe the rules and regulations prescribed reserve police force and auxiliary policemen,
for the discipline of the police force. Within when on duty,shall have all the powers and
the limits prescribed by law,they shall do all be subject to the discipline of a regular police
things necessary for the prevention and detec- officer of the city pursuant to state law.(Prior
tion of crime in the city. (Prior code code § 2.20.140)
§2.20.050)
2.60.100 Police commission-
2.60.060 Special policemen. Appointment—Terms and
Whenever the mayor considers it necessary conditions of office.
to increase the police force, he may employ The mayor shall nominate,with the consent
suitable persons as special policemen. (Prior of the council,three residents of the city,who
code§ 2.20.060) shall have the qualifications required by law
to hold a city board to be known by the name
2.60.070 Reserve and auxiliary police of"police commission," and who shall hold
forces. office for three years. One member of such
The chief of police shall recommend and board must be appointed annually at the first
the council shall approve membership in the meeting of the council in May of each year.
reserve police force and the auxiliary police (Prior code §2.20.150)
force.The number of persons enrolled in the
reserve police force and auxiliary police force
(Laurel 7-02) 42
�. 2.60.110
2.60.110 Police commission—Rules with this code or the laws of the state of Mon-
and regulations. tana.
The police commission shall make rules C. Any applicant who shall make any
and regulations necessary to implement and false statement to the police commission as to
administer the commission, not inconsistent his age or other qualifications required,at his
with this code,and shall have such other and examination before the police commission,
further powers as is provided by ordinance or shall be subject to suspension or dismissal
statute. (Prior code§2.20.160) from the police force, after trial. (Prior code
§2.20.180)
2.60.120 Mayor to refer
appointments. 2.60.140 Presentation of charges—
The mayor shall not make any appointment Police commission
to the police force until an application for jurisdiction.
such position on the police force has been A. The police commission shall have the
filed with the mayor, and by him referred to jurisdiction,and it shall hear, try and decide
the police commission,and such applicant has all charges brought by any person or persons
successfully passed the examination required against any member or officer of the police
to be held by the police commission and a department, including any charge that such
certificate from the police commission filed member or officer is incompetent,or by age or
with the mayor that the applicant has qualified disease, or otherwise, has become incapaci-
for such appointment.(Prior code§2.20.170) tated to discharge the duties of his office, or
has been guilty of neglect of duty, or of mis-
2.60.130 Applicants—Examination conduct in his office,or of conduct unbecom-
required. ing a police officer or has been found guilty of
A. All applicants for positions on the po- any crime,or whose conduct has been such as
lice force,whose application shall have been to bring reproach upon the police force.
referred to the police commission, shall be B. Any charge brought against any mem-
required successfully to undergo an examina- ber of the police force must be in writing in
tion before the police commission,and to re- the form required by the police commission
ceive a certificate from the commission that and a copy thereof must be served upon the
the applicant is qualified for the appointment accused officer or member at least fifteen days
for the probationary period on the police before the time fixed for hearing such charge.
force. (Prior code§2.20.190)
B. The police commission shall examine
all applicants as to their age, legal, mental, 2.60.150 Police commission—Trial
moral and physical qualifications, and their procedure.
ability to fill office as a member of the police A. The police commission shall hear,try
force. It shall also be the duty of the police and determine the charge according to the
commission subject to the approval of the rules of evidence applicable to courts of re-
mayor, to make such rules and regulations cord in the state of Montana. The accused
regarding such examinations not inconsistent shall have the right to be present at the trial in
person and by counsel,and to be heard,and to
43 (Laurel 7-02)
2.60.150 ""1
give and furnish evidence in his defense. All clerk-treasurer. (Ord. 02-9, 2002: Ord. 97-2
trials shall be open to the public. §4(part), 1997;prior code§2.20.220)
B. The chairman, or acting chairman, of
the police commission, shall have the power 2.60.180 Suspension—Discharge—
to issue subpoenas, attested in its name, to Power and authority.
compel the attendance of witnesses at the A. The mayor or chief of police,subject to
hearing and any person duly served with a the approval of the mayor,shall have the power
subpoena is bound to attend in obedience to suspend a policeman or any officer for a pe-
thereto,and the police commission shall have riod of not exceeding ten days in any one month,
the same authority to enforce obedience to the such suspension to be with or without pay as the
subpoena, and to punish the disobedience order of suspension may determine.Any officer
thereof,as is possessed by a judge of the dis-
trict court in like cases, provided however,
that punishment for disobedience is subject to
review by the district court of Yellowstone
County.
C. The police commission shall,after the
conclusion of the hearing or trial, decide
whether the charge was proven or not proven,
and shall have the power, by a decision of a
majority of the commission, to discipline,
suspend,remove or discharge any officer who
shall have been found guilty of the charge
filed against him.(Prior code §2.20.200)
2.60.170 Police commission
decision—Enforcement—
Appeal.
A. When a charge against a member of the
police force is found proven by the board,the
mayor must make an order enforcing the deci-
sion of the board, and such decision or order
shall be subject to review by the district court
of Yellowstone County on all questions of fact
and all questions of law.
B. The district court of Yellowstone
County shall have jurisdiction to review all
questions of fact and all questions of law in a
suit brought by any officer or member of the
police force within a period of sixty days after
the decision of the police commission or order
of the mayor has been filed with the city /'\
(Laurel 7.02) 44/46
2.60.180
suspended, with or without pay, is entitled approve all action of the commission as to
to appeal such suspension to the police form. (Prior code § 2.20.250)
commission and the commission shall hear,
try and decide all charges brought by any 2.60.210 Police officers' retirement
person or persons against any member or system.
officer of the department. The police department of the city of
B. No officer or member of the police Laurel,Montana, shall be under, subject to
force shall be discharged without a hearing and within the provisions of the municipal
or trial before the police commission.(Prior police officers'retirement system(statewide
code § 2.20.230) plan) laws of the state of Montana, as set
forth in Title 19, Chapters 2 and 9,M.C.A.
2.60.190 Temporary police duty— and all amendments thereto.The said police
Mayoral authority. department retirement system shall be man-
The mayor shall have the power and aged,conducted,governed and controlled as
authority at any time when he deems it in said state law and this section provided.
expedient to employ not to exceed two (Ord. 98-3 § 1, 1998)
persons at one time for a period not to
exceed thirty days to do police duty who
are not members of the police department.
(Prior code § 2.20.240)
2.60.200 Police commission—
Officers.
A. At the first regular meeting of the
police commission in the month of May of
each year, following new appointments by
the city council,the members of the police
commission shall select a chairman to serve
a term of one year.
B. The police commission may employ
a secretary or may designate one of its own
members to act as such. The secretary shall
keep the minutes of the commission's pro-
ceedings, shall be custodian of all papers
pertaining to the business of the police
commission, shall keep a record of all ex-
aminations held, and shall perform such
other duties as the commission shall pre-
scribe.
C. The city attorney shall be the legal
adviser to the police commission, and shall
47 (Laurel 6-99)
2.64.010
t`1
Chapter 2.64 such firemen as may be authorized by the
municipal council. (Prior code § 2.24.010)
FIRE DEPARTMENT
2.64.020 Nomination and
Sections: appointments—Mayoral
2.64.010 Composition. authority.
2.64.020 Nomination and The mayor shall nominate and, with the
appointments—Mayoral consent of the council,appoint the chief of
authority. the fire department, the assistant chief of
2.64.030 Fire chief—Powers and the fire department and all firemen. (Prior
duties. code § 2.24.020)
2.64.040 Assistant chief in
charge when. 2.64.030 Fire chief—Powers and
2.64.050 Chief to command at duties.
fires. The chief of the fire department shall
2.64.060 Command assumed by have sole command and control over all
first on scene. persons connected with the fire department
2.64.070 Refusal to assist at of the city,and shall possess full power and
fire—Penalty. authority over its organization,government,
2.64.080 Authority to close and discipline, and to that end may from P"'s
business near fire. time to time establish such disciplinary rules
2.64.090 Preventive inspections. and regulations as he may deem advisable,
2.64.100 Hazardous subject to the approval of the municipal
obstructions—Order to council; he shall have charge of and be
abate. responsible for the engines and other appa-
2.64.110 Compliance. ratus, the property of the city furnished the
2.64.120 Volunteer fire fire department, and see that they are at all
department. times ready for use in the extinguishing of
2.64.130 Volunteer fire fires. (Prior code § 2.24.030)
department—Fire chief
to control. 2.64.040 Assistant chief in charge
2.64.140 Volunteer fire when.
department—Duties. In the absence of the chief of the fire
2.64.150 Assessment of fire department the assistant chief of the depart-
fighting costs to ment shall exercise the functions and pow-
nonresidents. ers set forth in Section 2.64.030.(Prior code
§ 2.24.040)
2.64.010 Composition.
The fire department of the city shall 2.64.050 Chief to command at fires.
consist of a chief of the fire department, The chief of the fire department shall
assistant chief of the fire department and
/"0
(Laurel 6-99) 48
City Clerk
From: Heidi Jensen
Sent: Tuesday,April 12, 2016 1:46 PM
To: City Clerk
Subject: Fwd: Board/Committee/Commission Information
Attachments: 2016 Committee List 01-05-2016 Update 04-06-2016.pdf;ATT00001.htm;
Board_Commission_Committee Consolidation.pdf;ATT00002.htm
Shirley
I just talked to Blake and he was hoping these attachments could be printed out for everyone tonight. Could you please
print them out for everyone?Thank you
Heidi Jensen
Chief Administrative Officer
115 West First Street
Laurel, MT 59044
406.628.8456
Begin forwarded message:
From:Cindy Allen<callen@laurel.mt.gov>
Date:April 6,2016 at 3:52:35 PM MDT
To: Heidi Jensen<hiensen@laurel.mt.gov>
Subject: Board/Committee/Commission Information
Heidi,
Attached is the information you requested regarding the city's boards,commissions and
committees. Most of the boards and commissions are in LMC. The Health Insurance Committee was
adopted via resolution. The Public Works Committee, Budget/Finance Committee, Emergency Services
Committee and Human Relations Committee are only listed as standing committees in LMC 2.08.240. I
do not have any information regarding their duties.
Also attached is the most recent copy of the committee list. As shown by the strikethroughs,some
committee members have resigned since the list was distributed in January.
Thanks.
Cindy Allen
Council Secretary
City of Laurel
P.O. Box 10
Laurel, MT 59044
406-628-7431, ext. 5
406-628-2289 fax
1