Loading...
HomeMy WebLinkAboutCouncil Workshop Minutes 07.31.2018MINUTES COUNCIL WORKSHOP JULY 31, 2018 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Tom Nelson at 6:30 p.m. on July 31, 2018. COUNCIL MEMBERS PRESENT: _x Emelie Eaton _x Heidi Sparks x Bruce McGee x Richard Herr x Scot Stokes x Iry Wilke Richard Klose x Bill Mountsier Sam Painter, City Attorney Kurt Markegard, Public Works Director Matthew Lurker, Chief Administrative Officer Forrest Sanderson, Interim Planner Carl Jackson, KLJ Luke Laliberty, KLJ Public Input There was none. General Items ® Fill Vacancies o Airport Authority (1) The only letter of interest received was from Will Metz. o City/County Planning Board (2 City/1 County) The only letter of interest received was from Evan Bruce. There are still two vacancies on this board. o Yellowstone Historic Preservation Board (1) The only letter of interest received was from Evan Bruce. • Appoint Matthew R. Lurker Sr., Chief Administrative Officer, to fill the term ending December 31, 2018, on the Big Sky Economic Development Authority. The appointment of Matthew Lurker to the Big Sky Economic Development Authority is to fill the position that the previous CAO held. This appointment will be for the remainder of the term and the subsequent five-year term. Executive Review ® Ordinance —An ordinance amending chapter 15.70 of the Laurel Municipal Code to update the City's Floodplain Regulations. (PH 8/7/2018 and 8/21/2018) Forrest Sanderson, the Interim Planner, presented the ordinance to Council. He reminded Council of the events that led up this point. Two years ago, the City had received a letter stating the Floodplain Regulations needed to be updated within six months. That letter was misplaced. Due to the urgency of this matter Council had requested the Interim Planner update the regulations and get this process done as soon as possible. The draft has been sent to DNRC to review and once the Council decided on a few issues the final document will be sent to the State for review. As previously questioned the City's ability to participate in the flood insurance program is not affected at this time. Council Workshop Minutes of July 31, 2018 City -County Planning Board typically reviews the Floodplain Regulations before being presented to Council. However, they did not have a quorum at their last meeting, and due to the urgency of these regulations, they have been brought to Council. This also means there are some items the City Council need to make decisions on. Typically, the City -County Planning Board would review the items and give their recommendation to Council. The regulations have been presented with the minimum requirements. There are some items the Council can consider implanting a higher standard. However, these higher standards mean additional costs. The example was given of the requirement to backfill to the flood base. If the ground is six feet below the flood base, the required fill would be the flood base, in this case, six feet. The higher standard is to require flood base plus two feet. That would mean for the example, to fill six feet and the additional two feet, or eight feet total. This equals a significant cost increase. Most properties that would be affected are owned by the City and only affect approximately 10 to 12 percent of the town. Only properties within the 100 -year floodplain would be affected, and all existing properties are grandfathered in. However, if there is a significant modification the structure could be required for meeting the floodplain requirements. However, adopting higher standards is also taken into account when the City's residents insurance rates are calculated. The higher standards could result in a rate decrease for residents. Council was given a list of higher standards to consider, the list of higher standards the Council can consider is attached to these minutes. There are numbers at the bottom of each page; these are about the subdivision regulations. When those are redone, they will need to conform to the floodplain regulations. After next week's public hearing Council will discuss the potential to add any of the higher standards. The ordinance will need to pass twice without change before it can be adopted. In the event a change is made in the second reading, it would become the first reading and would need to notice the second reading again. Example of the structures at Riverside Park was given. All the buildings are located within the 100 -year floodplain. The Rife Club Building would require a substantial improvement; this would be required to be raised above the flood elevation. The Rod and Gun Club most likely would only need routine maintenance and therefore would not be required to be raised above the flood elevation. In the building of a new structure, the plus two feet can be achieved with the foundation. The largest flood risk is the Yellowstone River. There are other drainage areas within the City, but it is not significant. A map of the areas that would be affected by these regulations will be brought to Council next week. Council can also view that map at fema.gov under map services. It was questioned if all structures within the floodplain would need to meet the requirements or if these regulations only affect new development. Current structures will be grandfathered in unless there is a substantial change. For example, a home is grandfathered in and listed as non -conforming. In the event, there was a major event, and the loss is deemed a substantial improvement, then the floodplain regulations would apply to the structure. It was stated that on more than one occasion the big ditch had flooded the town, are these properties included in these regulations or are they different? The County is looking into that type of situation. What happens when an irrigation canal flows over the top and does cause flooding. For insurance purposes, it would need to affect two or more properties. N Council Workshop Minutes of July 31, 2018 Homeowners insurance would not cover events such as the one in this example. The homeowner would need flood insurance. However, it is still considered a flood. ® Resolution - Resolution is selecting for the City of Laurel's 2018 Pavement Maintenance Project and to authorize the Mayor to sign a contract for completion of the project. The bids will be opened on Thursday, August 2, 2018. This is for the chip sealing and road patching, two blocks on W. 4th Street, and W. Railroad from 5th Avenue to 8th Avenue. If they waited to bring the recommendation to the Council after opening the bids this project would be delayed another three weeks. This project needs to be completed by mid-September. The recommendation will be presented to Council before the weekend. When KLJ put this out to bid they used two bid schedules, one for the chip sealing and crack sealing and one for the hot mix asphalt projects. This allows the City to have more flexibility in how to award the project. There was some confusion on if the Council would be presented two different contractors. It was clarified that only one contract would be presented that the recommendation would take into account what is most needed and for what cost when presenting the contract to the Council. The contractor can bid one or both schedules. The bid schedules are also written that the contract would get paid for the work they do, they would bid on the area, and the City would be able to choose what portions would be fixed. It was questioned if W. 2nd was included in this resolution. It was clarified that the work on W. 2❑d had already been presented to Council in the form of a small service contract. It was questioned if Council would see a list of what was included in the bid and what was awarded. It was clarified that included in the recommendation would be a spreadsheet of the bids and what was included in those bids for quick reference. This was the best route, being so late in the year. It was questioned if the City would have time to rebid the project if one of the two schedules did not move forward. Hot mix asphalt needs to be done by mid-September. However, chip sealing and crack sealing can be done as long as weather permits. This does allow for some flexibility if needed. It was further clarified that this is one project with essentially three separate tasks. One being the chip and crack sealing, two being two blocks of W. 4`h Street, and three being three blocks of W. Railroad. ® Resolution — A resolution of the City Council is authorizing the release of funds from the Tax Increment Financing District fund for the Technical Assistance Grant program to improve the property located at 201 East Main Street, Laurel, located within the Tax Increment Improvement District. The Public Works Director and Chief Administrative Officer have been working on the LURA grants. They have worked to review all documentation to be able to bring forward the grants that need to go to Council. They are working to accurately document these grants and the funds associated with these processes. Council Workshop Minutes of July 31, 2018 LURA has the ability to spend up to $5,000 without Council approval. Council has given LURA the ability to have a Technical Assistance Grant, Facade Grant (which includes signage), and Large Grant. The Facade grant is a 1:1 match grant, the applicant would need to spend a dollar to receive a dollar. The Technical Assistance Grant does not require a match but rather awards a certain number of hours to go towards a project that may apply for a Large Grant. When going through the grants, it was discovered that some grants were recommended for approval that had exceeded the $5,000 limit set by Council. This is one instance where the Council would need to approve the funds in excess of $5,000. There was an email stating this needed to go to Council, but at that time the Planner was in the process of leaving. The Public Works Director was unaware of the item that needed to go to Council, and it did not get placed on an agenda. LURA is working to establish better documentation and grading evaluations. They are also working on documentation of the work that has been completed with awarded grant money. It was questioned if LURA approved the grant and if the funds had been allocated to the applicant and if the work had been completed. The applicant has been approved; the funds had not been allocated to the applicant. However, the work must be done prior to receiving the grant funds. The CAO had reached out to other cities who have similar programs. Currently, the City does not use a grading or rubric scale on what gets approved and what doesn't. The first response back was from Bozeman, they have shared what they use for their program. LURA is working to review these items to implement something similar. It was questioned how many more grants, such as the one on the agenda tonight, that will be coming forward. It was stated there are three known grants applications that have similar issues. The Council should see those on the next Workshop agenda. While LURA is reevaluating their process, the grant program will be on hold. Once those items have been addressed, LURA will resume accepting grants applications. The grant documents do state that the $5,000 limit is per project, a building could be broken into a few different projects over four or five years. The example of the requests placed for the Large Grant program this year exceeded $400,000 for the $100,000 available. LURA is working to determine and recommend to Council which projects and for how much should come before Council. Mayor Nelson took a moment to explain the TIF District and explain those funds need to be spent on projects within the district. • Resolution - A resolution approving the agreement between the City of Laurel and the Laurel Airport Authority, said agreement relating to fire protection This Fire District contract is the same as the ones that had been previously brought before Council. It was questioned why this contract was only for one year and not three years like the other contracts recently brought before Council. Council Workshop Minutes of July 31, 2018 Both the Mayor and the City Attorney were unsure why this contract was for one-year verses three -years like the others. Council Issues: o Update on 2011 Yellowstone River flooding event It was clarified that the new intake will now be referred to as the 2017 intake since it was completed in 2017. The Public Works Director went up to the intake to see if the intake was visible. It was visible, see attached pictures. There is still approximately five feet of water over the top of the intake so more clear images will need to wait until the water level drops a bit more. However, the intake is in the same location, and there is no debris located along the sides as expected. The City is operating on the 2017 intake. It was questioned why the Utility Plants Superintendent stated previously that the new intake would not be used during the spring. The Public Works Director stated that the 2003 intake is approximately 250 feet from the Water Treatment Plant, the 2017 intake is approximately three miles. Over the course of three miles, any sediment in the water could settle into valleys within the pipeline and cause a restriction to flow. It is most advantageous to utilize the 2003 intake when the waters turbidities are high to help reduce the possibilities of having sediment build-up within the intake pipeline. It was questioned if there will be a repair so backflushing will not be required. It was clarified that it is unknown what the future maintenance will be. The water is still five to six feet over the intake so it's difficult to view. The Public Works Director gave examples of how the river has changed in recent years. The City can expect the river to change in the future, due to this fact the City can expect to change its maintenance needs on the intake. It was questioned if the Council can be assured the intake won't close up again. It was stated the City is working to get a cost estimate on the piping that was rented, by Great West Engineering, in order to back flush the system. The Public Works Director is working to get all items needed to back flush the intake identified. He will see if any are in the City's inventory or order them. The Mayor questioned where the City is on the wetland survey. The Mayor signed a declaration of the wetland mitigation procedures and documentation. The City had a net gain of wetland. During the construction of the new intake, a culvert owned by CHS was removed to accomplish putting in the intake. CHS was asked if they wanted a new culvert installed as the original one was damaged. Because a new culvert was installed, it is considered a permanent change and the wetlands needed to be monitored for gains and losses. The City will need to monitor for the next five years or until the wetlands are in their original state. The Mayor questioned where the City is on the rock weir removal. 5 Council Workshop Minutes of July 31, 2018 The City has eight more weeks to remove the rock weir from the 2003 intake. The water level is going down and as long as the river cooperates the contractor should be able to remove the rock weir within the given timeframe. The City will only need to remove the rocks they put in the river. o West Laurel Interchange Update Luke LaLiberty with KLJ presented to Council an update on the West Laurel Interchange, see attached handout. Montana Department of Transportation is replacing the two bridges located at the West Laurel Interchange. These bridges will be wider with ten -foot shoulders and straighter to help improve safety. The project begins in 2017 with the closure of the partial interchange and will continue until Spring 2020. Traffic is currently single lane on the eastbound lane, in the coming week traffic will be transitioned to the westbound lanes. There are no expected travel delays. Construction will close down late this fall and resume in the spring. During this time traffic will resume to normal traffic flow. The eastbound bridge will be completed before the construction close down late this fall. The final phase of the project will be to install the new interchange. This phase has not been funded at this time. It was questioned if the interchange will be open by Spring 2020. It was clarified that it would be a closed interchange until that future phase is funded. Phase two is expected to go out to bid in the spring of 2019. Phase two could begin construction as early as the fall of 2020. It was questioned if the new interchange will connect to West Railroad Street to help with the flow of commercial traffic. It was stated at this time that is not part of the project. Mayor Nelson agreed this is a need for the Community and will follow up. o Motion to allow Council Member Mountsier to be absent from the City of Laurel for more than ten days (LMC 2.12.060) Council Member Mountsier will be absent from the City for more than ten days. This motion is to approve that absence. This will be on next week's Council agenda. Another motion that will be added to next weeks Council agenda is for Council Member Klose to be absent from the City for more than ten days as well. There is another Council Member who will be absent this fall due to his employment and will be brought before Council at another time. o Tablet Follow-up Mayor Nelson asked Council what is working, what is not working, and what can staff do better. It was questioned if it should take 24 -hours to charge the tablets. It was clarified that no it should not take that long. It was requested that LMC be added to the Dropbox. Co Council Workshop Minutes of July 31, 2018 Mayor Nelson stated that there are some things in the works in regards to our website that may help with this aspect. o Budget/Finance Discussion Sam Painter, City Attorney, put together a memo explaining the differences between a Board, Commission, and Committee (see attached). Budget/Finance Committee was created by Council through the Ordinance process and listed as a standing committee. It does not have standing duties and authority. Its job has been to oversee finances for the Council. The Council delegated its authority through the Purchase and Procurement Policy for purchases over $5,000 and under $80,000 while still reviewing financial matters. It was stated if Budget/Finance still has the financial oversight that includes purchases under $5,000. Budget/Finance would still be responsible for bringing to the Council's attention anything they felt was improper. Budget/Finance has always been a high-level review of items that have been brought to the Budget/Finance Committee. The Mayor and Clerk/Treasurer should have gone through the claims in detail. Those claims are then brought to Council via the Consent Agenda. If there are questions or problems on a particular item, those items would be removed from the Consent Agenda and discussed further. Example: A request for a $10,000 item. Budget/Finance Committee denies the request; it can still go on to Council for review and subsequent approval or denial. It was clarified that earlier it was stated that the Budget/Finance Committee would not be able to question purchases under $5,000. Budget/Finance Committee can still question purchases. While they may not be able to address the item in question they can address future similar expenditures. It was further clarified that many times the items in question are approved in the budget. The example of years ago, in the City, thousands of dollars were spent on toilets, and no one caught it. This is an example of something Budget/Finance Committee should question. It was stated that each year the City is audited. Are any audit findings tasked to the Mayor or to the Budget/Finance Committee? An example of this is the funds the Court was to set aside, this never happened. Previous years and Clerk/Treasurers had asked the Budget/Finance Committee to address the issue. Is this something within the Budget/Finance Committee's authority. It was clarified in the past there was a vacuum. The previous CAO wanted to get things done but did not have the backing of a strong Mayor. They then when to the Budget/Finance Committee, who was seen as a strong committee, to get things done. However, this is not within the scope of the Budget/Finance Committee. This is a separation of powers that is not resolvable within the government. The auditor's findings are instructions for the Mayor and Clerk/Treasurer to deal with certain issues. The legislative branch can ask the executive branch to deal with these issues. It was stated that it is difficult to tell the community they can't have an item because the City can't afford it, and then have purchases that may be construed as excessive. IN Council Workshop Minutes of July 31, 2018 The Mayor stated he is working hard on ensuring purchases are reasonable. He appreciated the memo given by the City Attorney to clarify the differences between a Board, Commission, and Committee. He will also be in discussion with the City Attorney regarding a temporary replacement on Budget/Finance Committee for a member who will be out of town for work for an extended period of time. o Shooting in the Park Mayor Nelson, the City Attorney, and the Chief Administrative Officer attended the last Park Board meeting. It was questioned why the Park Boards recommendation had not been taken to Council. The Mayor stated he would bring the item to the next available Workshop. He asked for Council's opinion on the matter. The City Attorney was asked if the City has an ordinance on the books allowing shooting within City limits if it were a contest or supervised. Yes, the City has an ordinance on the books allowing this, if the conditions of the ordinance are met. The second question was could events be brought to City Council for further consideration. What would the Council do if a request would be brought forward? On his way to tonight's Workshop, the City Attorney tried to think of other examples of things the City allows, that the insurance will not cover. The example of bouncy houses was given. The City requires both the event and the inflatables company to list the City as additional insureds. At Park Board, it was expressed that there are multiple types of shooting and if all of these were included. It was questioned if the Council would entertain the idea of any events such as air rifles. It was stated that after living through the sunset process, this Council Member did not want to give anyone false hope that shooting would be allowed in the park, even individual events in the park. It was further stated that this had been a painful process and that this Council Member would like to move forward. Another Council Member stated that they agreed with the previous Council Member. However, they did not like the idea of taking away from the kid's ability to shoot air rifles and 22's in the building. They did not agree with continuing outdoor shooting. Another Council Member agreed with not wanting to take away from the kids but did not agree with the outdoor shooting. Another Council Member read the statute 9.24.050, exception to discharge regulations. Every event the Laurel Rod and Gun Club has held has had an educational or competitive element. This Council Member has been involved with these activities for 18 years, many of which he has been the range officer. He does not want to have the next generation of youngsters to miss out on the ability to learn how to shoot appropriately. The example of Hunter's Safety was given. The Laurel Rod and Gun Club have presented a proposal to Park Board multiple times; this proposal has not made it to Council. The City Attorney has questioned if the Laurel Rod and Gun Club purchased insurance for each event they held. The Laurel Rod and Gun Club purchases insurance for the calendar year and not for a specific event. The City Attorney had also questioned if the Laurel Rod and Gun Club has offered to fence off the area used for shooting. The Laurel Rod and Gun Club in the past have offered to build a fence and get an estimate of the cost to do so. They want the kids in this community to have proper education and be able to put food on the table. Another Council Member has children who she wants to learn how to properly handle firearms. This Council Member did not agree with a blanket contract but would be willing to entertain the idea of renewing on a case by case basis only if certain conditions and expectations are met. This Council Member does not want to take away an educational opportunity for the kids. She feels grateful to live in a community and State that has low gun incidence. She felt that was attributed to gun safety education. Prior Council Workshop Minutes of July 31, 2018. to sitting on Council, this Council Member was against the sunsetting of shooting in the park. However that has occurred, and she did not feel the need to rehash the past. Would like to find a solution that will satisfy both sides of the topic. Another Council Member did not have an issue with the events held at the park. He had witnessed the safety displayed on the range. He stated the natural progression is to move from bb guns to small bore and so on. What opportunities do they have to learn how to use these types of weapons? This Council Member stated that most shooting incidents do not occur on a gun range. Most shooting incidents occur in places where kids have not received a proper gun safety education. It was mentioned that there is a shooting range in Salisha where larger bore guns can be shot. Kids need a place to shoot small bore guns. It was mentioned that there are holes in the Rifle Club building that was not from a 22. This is an example of an incident that this Council Member has an issue with. Another Council Member stated that he agreed to the sunsetting of shooting in the park. This Council Member also stated that the shooting would continue in the park as there is private property near the park. Would like clubs and organizations to take a leadership position to help make changes more rapidly. Would like to see these organizations find alternative routes to fund projects besides from the City. The City is not always in the position to spend those funds. This Council Member is an outdoor enthusiast and would like to find a satisfactory viable solution. Would not like a line drawn in the sand and to never rethink this issue in the future. Approximately six months after the flood in 2011 the Laurel Rod and Gun Club has locked out the clubhouse for potential mold issues. There were also concerns over asbestos and the proper removal of both. The Laurel Rod and Gun Club was willing to spend up to $40,000 to renovate the clubhouse. The group was locked out. The use of high powered rifles in the park will never happen. If the person who had caused the damage mentioned earlier had been caught, they would not be allowed to remain in the club. The club has talked about putting up cameras to catch those who do not follow the rules. The Park Board had the idea to place a trail around the park. However, that will not stop those who are shooting on their own property and potentially have rounds end up in the park. When the public was surveyed what they would like to see done with the park, shooting in the park was well represented. Curt Lord, 418 W. 12th Street, stated that he was unable to attend the July 5th Park Board meeting. However, he had heard that Council had not received a copy of the Laurel Rod and Gun Clubs proposal. He handed a copy of the proposal to the Mayor and CAO, see attached. He stated that he noticed many of the Council Members did not want to take away fiom the kids. He noted that kids are present at all of their events. Mayor Nelson stated he felt that to continue to allow shooting in the park is asking the City to take on a lot of liability. MMIA has stated they will not cover the City for such an event. The Mayor would like to find a way to continue to have shooting available nearby, but not on City property. The Laurel Rod and Gun Club had found at least three properties that would have been ideal. However, the cost of these properties was too excessive. There was a previous suggestion of allowing parking in the fall, winter, and spring months now when folks would be camping in the park. The Chief Administrative Officer attended the July 5th Park Board meeting along with the Mayor and Sam. He has since been working on some alternative opportunities. The CAO has reviewed prior leases and all past discussion on shooting in the park. The sunset date came about for a very specific reason. As an alternative, the CAO found two potential properties that are still near to the City, but also not within V Council Workshop Minutes of July 31, 2018 City limits. The CAO has started a discussion with the County about the land in question. The County was unaware they owned the land. The CAO will bring alternatives to the Park Board. One consideration will be the operating area of the airport. If the possibility for moving shooting sports to another location does not work, then the discussion of the sunset date will be discussed further. It was questioned if the CAO had received the request from the 4-H group. The CAO had received the request. However, the request included 22 long rifles and needed a clearer description of what was being requested. The bb gun and air rifle can be shot in the Jaycee's hall building; the 22 long rifles cannot. That would need to be shot in the Rifle Club building which is not an option. Other Items There is a vacancy on the Public Works Committee; Brian Roat has tenured his resignation to that Committee. This vacancy will be added to the list of current vacancies. Montana League of Cities and Towns will be September 20h — 28`h in Butte, those Council Members who are interested in attending, please see the Administrative Assistant. The agenda should be out soon. Review of Draft Council Agenda for August 7, 2018 Council Member Mountsier and Klose's requests will be added to next weeks agenda. Attendance at the August 7, 2018, Council Meeting Council Member Mountsier and Council Member McGee will be absent from the August 7, 2018 meeting. Announcements It was noticed that there were branches covering a stop sign as a resident ran the stop sign. Shortly after this incident, it was noticed that the tree limbs had been trimmed. Park Board will be meeting Thursday, August 2na Emergency Services Committee meeting did not have a quorum; those agenda topics will be placed on the next meeting. Public Works Committee minutes should be out shortly. Mayor Nelson gave an update on the Ambulance service. Work is still being done to improve this service. Last night was Councilmen at the Yogurt Shop. There was not great attendance. City Attorney, Sam Painter, clarified that all Committee, Boards, and Commissions must have their agendas posted at least 48 -hours before the start of the meeting. Any item placed under "other" must have no public interest. Recognition of Employees • Sheryl Phillips • Fran Schweigert • Nathan Herman • H.P. Nuernberger • Calvin Lovshin • Norm Stamper 21 years on July Is' Court 20 years on July 6`h City Shop 18 years on July 10th WTP 16 years on July 301h WTP 6 years on July 16"' Custodian 2 years on July 5`h City Shop 10 Council Workshop Minutes of July 31, 2018 • Kevin Hoffman 2 years on July 18`h • Brittney Moorman 1 year on July 26`h The council workshop adjourned at 9:42 p.m. Respectfully submitted, Brittney Moorman Administrative Assistant City Shop Administration NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 11 Model Regulations Feb 20 2014. doc Regulated Flood Hazard Area and the repository for Floodplain maps is available in the Floodplain Administrator's office. (ARM 36.15.204(2)(g)) 1.14 AMENDMENT OF REGULATIONS These regulations may be amended after notice and public hearing in regard to the amendments to these regulations. The amendments must be found adequate and acceptable by DNRC and FEMA to be effective and must be submitted for review at least 30 days prior to official adoption. 1.15 PUBLIC RECORDS Records, including permits and applications, elevation and flood proofing certificates, certificates of compliance, fee receipts, and other matters relating to these regulations must be maintained by the Floodplain Administrator and are public records and must be made available for inspection and for copies upon reasonable request. A reasonable copying cost for copying documents for members of the public may be charged and may require payments of the costs before providing the copies. (44 CFR 60.3(b)(5)(iii) & 44 CFR 59.22 (a)(9)(iii)) 1.16 SUBDIVISION REVIEW Within the Regulated Flood Hazard Area, subdivisions including new or expansion of existing manufactured home parks, must be designed to meet the following criteria: 1. The Base Flood Elevations and boundary of the Regulated Flood Hazard area must be determined and considered during lot layout and building location design; 2. Locations for future structures and development must be reasonably safe from flooding; (44CFR 60.3(x)(4)) 3. Adequate surface water drainage must be provided to reduce exposure to flood hazards; (44 CFR 60.3 (a)(4)(iii)) 4. Public utilities and facilities such as sewer, gas, electrical and water systems must be located and constructed to minimize or eliminate flood damage; and (44 CFR 60.3(a)(4)(ii)) 5. Floodplain permits must be obtained according to these regulations before development occurs that is within the Regulated Flood Hazard Area. (44 CFR 60.3(b)) FOR INFORMATIONAL PURPOSES ONLY Consider a companion regulation in the subdivision regulations. 10 February 20, 2014 10 Model Regulations Feb 20 2014. doc FOR INFORMATIONAL PURPOSES ONLY The National Flood Insurance Program (NFIP) program standard for community Floodplain management ordinances specifies that the local government is to consider flood hazards when reviewing and approving subdivisions within the Special Flood Hazard Area. Floodplain Administrators should check their subdivision ordinances to ensure flood hazards outside of Regulated Flood Hazard Areas are addressed in development proposals. For example, the Montana Model Subdivision Regulations suggests that for any portion of a proposed subdivision that is within 2,000 horizontal feet and 20 vertical feet of a stream draining an area of 25 square miles or more, where no official floodplain studies of the stream have been made, the subdivider may be required to conduct a flood hazard evaluation study. The Montana Department of Natural Resources and Conservation may, if requested, review the flood hazard analysis on the merit of its technical adequacy and make a recommendation back to the Floodplain Administrator. A technical review by DNRC is not intended to be a formal designation of a floodplain or floodway pursuant to MCA 76-5-201 et.seq. for floodplain management regulatory purposes unless specifically requested and subsequently adopted by DNRC. 1.17 DISASTER RECOVERY In the event of a natural or man-made disaster, the Floodplain Administrator should participate in the coordination of assistance and provide information to structure owners concerning Hazard Mitigation and Recovery measures with the Federal Emergency Management Agency, Montana Disaster Emergency Services, Montana Department of Natural Resources and Conservation, and other state, local and private emergency service organizations. Upon completion of cursory street view structure condition survey within the Regulated Flood Hazard Area, the Floodplain Administrator shall notify owners that a permit may be necessary for an alteration or substantial improvement before repair or reconstruction commences on damaged structures because of damages caused by natural or man-made disasters such as floods, fires or winds. Owners should be advised that structures that have suffered substantial damage and will undergo substantial improvements require a floodplain application and permit and must be upgraded to meet the minimum building standards herein during repair or reconstruction. ((MCA 76-5-404(3)(b) (ARM 36.15.702) (44 CFR 60.3(c)(2 and 3)) 11 February 20, 2014 10 Model Regulations Feb 20 2014.doc 6.1 FLOODWAY The following artificial obstructions and nonconforming uses are prohibited in the Floodway of the Regulated Flood Hazard Area, except for those established before land use regulations pursuant to Section 76-5-301, MCA have been adopted: (MCA 76-5-404(3)) 1. A building for residential or non-residential purposes; (MCA 76-5-403(1), (ARM 36.15.605)(1x)), (ARM 36.15.605(2b), (ARM 36.15.605(2)(x)). 2. A structure, fill, or excavation that would cause water to be diverted from the Floodway, cause erosion, obstruct the natural flow of waters or reduce the carrying capacity of the Floodway. Notwithstanding these requirements, excavation or fill may be allowed when it is a component to a permitted use allowed in these regulations; (MCA 76-5-403(2)). 3. The construction or storage of an object (artificial obstruction) subject to flotation or movement during flood level periods; (MCA 76-5-403(3) and ARM 36.15.605(1)(c)) 4. Solid and hazardous waste disposal and individual and multiple family sewage disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed to minimize or eliminate infiltration of flood waters and avoid impairment or contamination; ((ARM 36-15-605(2c)) (44 CFR 60.3(a)(3))) 5. Storage of toxic, flammable, hazardous or explosive materials; and (ARM 36.15.605(2d)) 6. Cemeteries, mausoleums, or any other burial grounds. (Higher Standard) 6.2 FLOOD FRINGE OR REGULATED FLOOD HAZARD AREA WITHOUT A FLOODWAY The following artificial obstructions and nonconforming uses are prohibited in the Flood Fringe or Regulated Flood Hazard Area without a Floodway, except for those established before land use regulations have been adopted: (MCA 76-5-404(3)) 1. Solid and hazardous waste disposal and individual and multiple family sewage disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed to minimize or eliminate infiltration of flood waters and avoid impairment or contamination; ((ARM 36-15-703(1)) (44 CFR 60.3(a)(3))) 25 February20, 2014 2(0 Model Regulations Feb 20 2014.doc 2. Storage of toxic, flammable, hazardous or explosive materials; (ARM 36-15- 703(2)) 3. The construction or storage of an artificial obstruction subject to flotation or movement during flood level periods; (Higher Standard) 4. Cemeteries, mausoleums, or any other burial grounds; and (Higher Standard) 5. Critical facilities, including buildings and associated structures that provide essential community care and emergency operation functions such as schools, hospitals, nursing home facilities, fire stations and police stations. ( Higher Standard) (44CFR 60.22(a)(2)) I�w 26 [ February 20, 2014 Model Regulations Feb 20 2014.doc 4. Construct or alter the obstruction or use in such manner as to lessen the flooding danger; ((MCA 76-5-406(4)) (ARM 36.15.216(2)(d))) 5. The permanence of the obstruction or use and is reasonably safe from flooding; ((MCA 76-5-406(5) (ARM 36.15.216(2e))) 6. The anticipated development in the foreseeable future of the area which may be affected by the obstruction or use; ((MCA 76-5-406(6)) (ARM 36.15.216(2f))) 7. Relevant and related permits for the project have been obtained; (44 CFR 60.3(a)(2)) 8. Such other factors as are in harmony with the purposes of these regulations, the Montana Floodplain and Floodway Management Act, and the accompanying Administrative Rules of Montana; and ((MCA 76-5-406(7)) (ARM 36.15.216(2)(8))) 9. The safety of access to property in times of flooding for ordinary and emergency services. (44CFR 60.22 (c)(7)) (Higher Standard) 9.3 MINING OF MATERIAL REQUIRING EXCAVATION FROM PITS OR POOLS provided, in addition to the requirements of Section 9.2, that: 1. A buffer strip of undisturbed land of sufficient width as determined by an engineer to prevent flood flows from channeling into the excavation is left between the edge of the channel and the edge of the excavation; (ARM 36.15.602(1)(a)) 2. The excavation meets all applicable laws and regulations of other local and state agencies; and (ARM 36.15.602(1)(b)) 3. Excavated material may be processed on site but is stockpiled outside the Floodway.(ARM 36.15.602(1)(c)) 9.4 RAILROAD, HIGHWAY AND STREET STREAM CROSSINGS, including other transportation related crossings provided, in addition to the requirements of Section 9.2, that: 1. Crossings are designed to offer minimal obstructions to the flood flow; (ARM 36.15.602(2)) 2. Where failure or interruption of public transportation facilities would result in danger to public health or safety and where practicable and in consideration of FHWA Federal -Aid Policy Guide 23CFR650A: 34 11 February 20, 2014 3�p �4 I C) Model Regulations Feb 202014.doc 4. Recreational vehicles and travel trailers are ready for highway use with wheels intact, with only quick disconnect type utilities and securing devices, and have no permanently attached additions; and (44 CFR 60.3(c)(14)) AJI 5. There is no large-scale clearing of riparian vegetation within 50 feet of the mean annual high water mark. (Higher Standard) 9.11 STRUCTURES ACCESSORY OR APPURTENANT to permitted uses such as boat docks, loading and parking areas, marinas, sheds, emergency airstrips, permanent fences crossing channels that may impede or stop flows or debris, picnic shelters and tables and lavatories, that are incidental to a principal structure or use, provided in addition to the requirements of Section 9.2, that: 1. The structures are not intended for human habitation or supportive of human habitation; (ARM 36.15.602(9)) 2. The structures will have low flood damage potential; (ARM 36.15.602(9)) 3. The structures will, insofar as possible, be located on ground higher than the surrounding ground and as far from the channel as possible; (ARM 36.15.602(9)) 4. The structures will be constructed and placed so as to offer a minimal obstruction to flood flows; (ARM 36.15.602(9)) 5. Only those wastewater disposal systems that are approved under health and sanitation regulations are allowed; 6. Service facilities within these structures such as electrical, heating and plumbing are flood proofed according to the requirements in Section 10; (ARM 36.15.602(9)) 7. The structures are firmly anchored to prevent flotation; (ARM 36.15.602(9)) 8. The structures do not require fill and/or substantial excavation; 9. The structures or use cannot be changed or altered without permit approval; and 10. There is no clearing of riparian vegetation within 50 feet of the mean annual high water mark. (Higher Standard) 9.12 CONSTRUCTION OF OR MODIFICATIONS TO SURFACE WATER DIVERSIONS provided, in addition to the requirements of Section 9.2, that the design is reviewed and approved by an engineer and includes: 1. Measures to minimize potential erosion from a Base Flood; and (ARM 36.15.603(3)(b)) 37 ; February 20, 2014 Model Regulations Feb 20 2014.doc 6. Anchoring All construction and substantial improvements must be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;(44CFR 60.3(a)(3) 7. Certification Certification by an engineer, architect, land surveyor, or other qualified person must accompany the application where required including for an encroachment analysis, adequacy of structural elevations, Base Flood Elevation determinations, flood -proofing, enclosure flood openings and design and construction to withstand the hydrodynamic forces and hydrostatic pressures of flood depths, velocities, impact, buoyancy, uplift forces associated with the Base Flood and surface drainage. A certification is not intended to constitute a warranty or guarantee of performance, expressed or implied; ((ARM 36.15.606(1) (ARM 36.15.702(2)(c)) (ARM 36.15.801(3)(b)) (44 CFR 60.3(c)(3 &4)) (44 CFR 60.3 (d)(3))) 8. Access Structures must have safe access during times of flooding up to the Base Flood for ordinary and emergency services provided there are no reasonable alternate locations for structures; (Higher Standard) 9. Encroachment Analysis 1. All applications in the Regulated Flood Hazard Area without a Floodway must be supported by an encroachment analysis of the proposed use, a thorough hydrologic and hydraulic analysis except as provided in following paragraph 4, Section 10.2.9.4, prepared by an engineer to demonstrate the effect of the structure on flood flows, velocities and the Base Flood Elevation; ((ARM 36.15.604) (44 CFR 60.3(a)(3)) 2. The maximum allowable encroachment is certified to be at or less than 0.5 feet increase to the Base Flood Elevation unless approval of an alteration of the Regulated Flood Hazard Area pursuant to Section 4 and an approved FEMA Conditional Letter of Map Revision occurs before permit issuance; ((ARM 36.15.604) (ARM 36.15.505) (44 CFR 60.3(c)(13))) 3. An encroachment analysis is not required for any development in the Flood Fringe where an accompanying Floodway has been designated within the Regulated Flood Hazard Area; and 4. Although all other development standards herein apply, a minimal or qualitative encroachment analysis may be accepted when the project or development does not require a structure, alteration of the Floodplain, involve fill, grading, excavation or storage of materials or equipment and also is certified by an engineer to not exceed the allowable encroachment. 42 11 February 20, 2014 Model Regulations Feb 20 2014. doc 1. Sewer lines, except those to a buried and sealed vault, must have check valves installed to prevent sewage backup into permitted structures; and (ARM 36.15.903(1)(a)) 2. All toilets, stools, sinks, urinals, vaults, and drains must be located so the lowest point of possible flood water entry is at least two (2) feet above the Base Flood Elevation. (ARM 36.15.903(1)(b)) 13. Structural Fill Flood Proofing Fill used to elevate structures, including but not limited to residential and non-residential buildings must be certified to meet the following requirements: 1. The filled area must be at or above the Base Flood Elevation and extend at least fifteen (15) feet beyond the structure in all directions; 2. Fill material must be suitable fill, that is stable, compacted, well graded, and pervious, not adversely affected by water and frost, devoid of trash or similar foreign matter, tree stumps or other organic material; and is fitting for the purpose of supporting the intended use and/or permanent structure. (ARM 36.15.101(22)) 3. The fill must be compacted to minimize settlement and compacted to 95 percent of the maximum density. Compaction of earthen fill must be certified by a engineer; 4. No portion of the fill is allowed within the floodway; 5. The fill slope must not be steeper than 1 '/z horizontal to 1 vertical unless substantiating data justifying a steeper slope is provided and adequate erosion protection is provided for fill slopes exposed to floodwaters; and 6. The fill must be a minimum of 0.5 feet above the Base Flood Elevation and extend at least fifteen (15) feet beyond the structure in all directions. (Higher Standard—replace sentence number 1. above) 14. Wet Flood Proofing Building designs with an enclosure below the lowest floor must be certified to meet the following: 1. Materials used for walls and floors are resistant to flooding to an elevation two (2) feet or more above the Base Flood Elevation; (ARM 36.15.702(2)(x)) 2. The enclosure must be designed to equalize hydrostatic forces on walls by allowing for entry and exit of floodwaters. Opening designs must either be certified by an engineer or architect or meet or exceed the following: 1. Automatically allow entry and exit of floodwaters through screens, louvers, valves, and other coverings or devices; 44 [1 February 20, 2014 Model Regulations Feb 20 2014.doc 1. For manufactured homes less than fifty (50) feet long, over -the -top ties to ground anchors are required at each of the four (4) corners of the home, with two additional ties per side at intermediate locations; or 2. For manufactured homes more than fifty (50) feet long, frame ties to ground anchors are required at each corner of the home with five (5) additional ties per side at intermediate points; and ((CFR 60.3(b)(8)) CFR 60.3(c)(6))) 19. Access Access for emergency vehicles is provided. For manufactured homes, access for a manufactured home hauler is also provided. (Higher Standard) 10.3 RESIDENTIAL BUILDING, EXCEPTIONS OR ADDITIONAL REQUIREMENTS New construction, alterations, and substantial improvements of residential dwellings, manufactured homes, including replacement of manufactured homes, must be constructed such that: 1. Elevation of the Lowest Floor The Lowest Floor of the building including an attached garage or basement must be two (2) feet or more above the Base Flood Elevation; (ARM 36.15.701(3)) 2. Enclosure Enclosures of elevated buildings cannot be dry flood proofed. Use for an enclosure is limited to facilitating building component access. The enclosure including a crawispace must be wet flood proofed and the enclosure floor must be at or above the Base Flood Elevation. An attached garage floor must be two (2) or more feet above the Base Flood Elevation; and 3. Recreation Vehicles Recreational vehicles on site for more than 180 days or not ready for highway use must meet the requirements for manufactured homes for residential use. 10.4 NON-RESIDENTIAL BUILDING, EXCEPTIONS OR ADDITIONAL REQUIREMENTS New construction, alterations, and substantial improvements of non- residential including agricultural, commercial and industrial buildings and residential and non-residential accessory buildings must be constructed such that: 1. Elevation of the Lowest Floor The Lowest Floor of the building must be elevated two (2) feet above the Base Flood Elevation or adequately dry flood proofed according to this Section. The Lowest Floor may be wet proofed provided the use is limited to only parking, loading and storage of equipment or materials not appreciably affected by floodwater; ((ARM 36.15.702(2) (44 CFR 60.3(c)(3)(ii) (44 CFR 60.3(c)(3) & (4))) 2. Enclosure Enclosures below the Lowest Floor on elevated buildings must be wet flood proofed and the use must be limited to parking, access or storage or must be adequately dry flood proofed according to this Section; 46 1 February 20, 2014 Model Regulations Feb 20 2014.doc 14.1 INVESTIGATION REQUEST An investigation to determine compliance with these regulations for an artificial obstruction or nonconforming use within the Regulated Flood Hazard Area may be made either on the initiative of the Floodplain Administrator or on the written request of three titleholders of land which may be affected by the activity. The names and addresses of the persons requesting the investigation shall be released if requested. (MCA 76-5-105)(2) 14.2 NOTICE TO ENTER AND INVESTIGATE LANDS OR WATERS The Floodplain Administrator may make reasonable entry upon any lands and waters for the purpose of making an investigation, inspection or survey to verify compliance with these regulations. (MCA 76-5-105(1)) 1. The Floodplain Administrator shall provide notice of entry by mail, electronic mail, phone call, or personal delivery to the owner, owner's agent, lessee, or lessee's agent whose lands will be entered. U 2. If none of these persons can be found, the Floodplain Administrator shall affix a copy of the notice to one or more conspicuous places on the property. 3. If the owners do not respond, cannot be located or refuse entry to the Floodplain Administrator, the Floodplain Administrator may initiate a Search Warrant. (Higher Standard) 14.3 NOTICE TO RESPOND AND ORDER TO TAKE CORRECTIVE ACTION When the Floodplain Administrator determines that a violation may have occurred, the Floodplain Administrator may issue written notice to the owner or an agent of the owner, either personally or by certified mail. Such notice shall cite the regulatory offense and include an order to take corrective action within a reasonable time or to respond by requesting an administrative review by the Floodplain Administrator. 14.4 ADMINISTRATIVE REVIEW The order to take corrective action is final, unless within five (5) working days or any granted extension, after the order is received, the owner submits a written request for an administrative review by the Floodplain Administrator. A request for an administrative review does not stay the order. 14.5 APPEAL OF ADMINISTRATIVE DECISION Within ten (10) working days or any granted extension of receipt of the Floodplain Administrator's decision concluding the administrative review, the property owner or owner's agent may appeal the decision pursuant to Section 13. 14.6 FAILURE TO COMPLY WITH ORDER TO TAKE CORRECTIVE ACTION If the owner fails to comply with the order for corrective action, remedies may include administrative or legal actions, or penalties through court. 53 February 20, 2014 5� CITY HALL 115 W. IST ST. City Of Laurel MAYOR OFC.: 628-8456 PUB. WORKS: 628-4796 WATER OFC.: 628-7431 P.O. Box 10 COURT: 628-1964 Laurel, Montana 59044 FAX 628-2241 MEMORANDUM TO: Mayor and City Council From: Sam S. Painter, Civil City Attorney Date: July 31, 2018 Re: Commissions, Committees and Boards Office of the City Attorney The City Council requested a memorandum explaining the differences between the City's committees, commissions and boards. The City's authority and power to create such entities is provided through the Charter and pursuant to Montana law. Pursuant to the City's Charter, the Mayor has authority to appoint, with the consent of the Council, all members of boards. Further, the Mayor may appoint members of council temporary committees. City Charter, Section 3.04(11). Additionally, the Mayor may exercise control and supervision of all departments and boards to the degree authorized by resolution of the Council. City Charter, Section 3.05(3). Under Montana law, the City is authorized to create a commission, committee or board, pursuant to a specific state statute or pursuant to an action of the City Council. For example, the City created a Zoning Commission pursuant to a state statute, specifically MCA §7.6-2-307. Furthermore, the City created the Public Works Committee through the City Council adoption of an ordinance in the Laurel Municipal Code ("LMC"). The duties, authorities and/powers of a commission, committee, or board is defined within the statute or by the city council action that created the entity. Montana Counties on the other hand, have a general state board statue to guide them. MCA §7-1-201 lists all the requirements a county commission must include in the legislation adopted to create a board or commission including, but not limited to, board membership, number of members, qualifications, meetings, quorums, terms etc. The statute applies to cities only if a special district is created by the city council. The City of Laurel has created the following: Committees: Created by the City Council through the LMC. Temporary Committees may be established by the Mayor without Council consent: Committees are generally created for one purpose: • Public Works • Budget and Finance • Emergency Services • Human Relations Commissions: Created by the City Council through the LMC and state statute where indicated: • Police Commission (LMC and MCA) • Cemetery Commission • Zoning Commission (LMC and MCA) Boards: Created by the City Council through the LMC and pursuant to a specific state statute. The Mayor appoints members and the Council approves the appointments. In general, the legislation creating the board must include the role and scope of the board, number of members, terms of members, and any special qualifications for membership. • Park Board • City Tree Board • Construction Board of Appeals (LMC and MCA) • Laurel -Yellowstone City -County Planning Board (LMC and MCA) • Laurel Urban Renewal Agency (LURA) Board (LMC and MCA) • Airport Board • Library Board Therefore, in order to determine or define the authority of a commission, committee, or board, you must review the legislation used by the City Council to create the entity. As a general rule, a board or commission formed pursuant to a state statute is more formal with defined purposes and authority. A committee formed through a council resolution is less formal and typically for one purpose. In closing, my advice to the city is to continue its practice of creating committees for a specific purpose by resolution. If a board or commission is created, the City should continue to follow a more formal process and substantially comply with Montana's general board statute in its legisla*;^n West Laurel Interchange and I-90 bridges Rebuild CONSTRUCTION COST: Approximately $24 million. WHO: MDT and their contractor, Riverside Contracting, Inc WHAT: Changing 1-90 traffic to allow construction for the new bridges over MRL rail lines and Railroad Street as part of the West Laurel Interchange project. MDT strives to keep traffic moving on 1-90 but some delays will happen, especially for oversized vehicles traveling on 1-90. Traffic lanes will be kept open whenever possible - but starting June 2018 and continuing through fall 2018, expect that two lanes of traffic will merge into a single lane and then cross the median to travel on the other half of the interstate. Speeds will be slowed to 45 mph in these areas. This will allow the construction of the new bridge and road connections. U N 11111:[" 0 I LI 121 HI N FA III WHY: MDT is improving the outdated West Laurel Interchange with the first phase of construction happening between 2017-2019. 1.2 miles of 1-90 will be rebuilt to current day standards and the two bridges carrying traffic over MRL rail lines and Railroad Street will be realigned and replaced with modern, steel structures. The existing narrow shoulders will be widened to 10 -feet on both sides of the road, and the curves will be flattened to help reduce the high number of crashes that occur on the curving and sloped bridges. A future phase will rebuild four interchange ramps (for full access to and from 1-90) and will rebuild 19th Avenue West between 1-90 and Old Highway 10/Golf Course Road. WHEN: Traffic Changes Beginning: June 22, 2018 Starting July 30, 2018: All 1-90 traffic will shift from the eastbound lanes to the westbound lanes. Oversized restrictions continue. lest Laurel VIION ZEROProject VISION T Construction NDNTANA DEPARTMENT iterchange45 Speed Limit Closed Roads DE TRANSPORTATION underway April - November Single Lane Traffic/ - -- New Alignment 2018 Width Restrictions Roads 800-956-3394 Updated: Temporary Detour I III New Bridges July 19, 2018 Text Vesfl-aurel'to 555888 , 4, 41 - ft -t 7. 7 . t - VC 1 .. -1 1 '. -,-< A;u Construction Schedule 2017 2018 Fall Winter Spring Summer Fall Winter r� We are here! Fall 2017 - Fall 2018 • Construction Phase 1 constructed the 1-90, eastbound bridge & approaches outside of existing traveled way. The existing eastbound off -ramp and westbound on -ramps were permanently closed. Embankments for the new bridges were constructed outside the traveled way and were surcharged to allow for settlements in the poor soils. • Construction Phase 2, beginning June 2018, shifts all 1-90 traffic onto the existing eastbound bridge. Once traffic is narrowed to single -lane in each direction and shifted onto the eastbound bridge/road, the new westbound lanes will be built on a new, less curvy alignment. • Construction Phase 3, during the Summer of 2018, will shift single -lane 1-90 traffic onto the westbound bridge to finish the new eastbound road connections. The new eastbound bridge and road will be completed. 2019 1 2020 Spring I Summer I Fall I Winter Spring Summer W Winter Work Stoppage I Late Fall 2018 - Spring 2019 Traffic will be restored to two lanes in each direction for the winter of 2018/19. Eastbound drivers will use two -lanes on the new bridge while westbound drivers will remain on the existing bridge. ® Spring -Summer 2019 & Spring 2020 Complete the new 1-90, westbound bridge by reducing 1-90 to one lane in each direction, shifting traffic onto the new eastbound bridge and road. This work expected to be completed with final chip seal and striping in 2020. D Future 19th Avenue West/Interchange Ramps/Golf Course Road is not funded for construction. It will construct the ramps of a new diamond interchange and the bridge over 190 and the realignment of 19th Avenue West and other street improvements. VISION ZERO 1* zero deaths • zero serious injuries MONTANA DEPARTMENT OF TRANSPORTATION Public Outreach Project Manager Luke LaLiberty KLJ Engineering 406-447-3358 luke.laliberty@kjeng.com Alternative accessible formats of this document will be provided on request. Persons who need an This document is printed at state expense. Information on the cost alternative format should contact the Human Resources and Occupational Safety Division, Department of producing this publication may be obtained by contacting the of Transportation, 2701 Prospect Avenue, PO Box 201001, Helena, MT 59620. Telephone 406.444-9229. Department of Administration. Those using a TTY may call 1(800) 335-7592 or through the Montana Relay Service at 711. >- Laur'e[Rod and Gun Club` PO Box 986 La u re l MT 59044. t January 31, 2018 Laurel Park Board -10 1:1ciX Dear Laurel Park Board, Our current Lease Resolution No. R13-25 expires May 7 2018. We would like to renew it with the follo,,Ong changes. L . Lease ;ate o s Prt 7 day &;'Vay.'r018 2. Ar ICte .. Add Lessee ii icS c i rri?Vcl. } SC?os3� evert] .1�' i :?.Gals `- ror't _ ANI ;:o 3. Article V: Lessee shall pay the City rent in the amount of $100.00 per year. 4. Article Il: Add to the end that Lessee has permission to access the Club House to get needed supplies for shooting and to use the Kitchen area to registershooters and warm up. Article r -:;cis !iV is l: Do L (.'t bi`C support for a, Gl} a. Ce :o e`.7u`rtZ' ie'trl. ur yo -i -t t aind eaa ch .n �'- )est' ,.t. r, ._ ! y... , r `�;�= 1' ? "rn U! Wit. A - a Safe F!t_ ?r; r. r�c':iC•ri"v 2; , i� . r t? v'cti ire �'o L of l�_ 4: ,f1 ask i0 "e. 3V� 'i( i5 Se �Jn We fee" ,t would be :ciitthe iverS:de "ark !Vias-'r`r Ian- by Gringi:iI nrjor'e ic•'-opers arl' providing other forms of entertainment and enjoyment for the Park. We would ask for a permanent variance or exception that allows safety instructed shooting activities to take place within the back third of Riverside Park. Sincerely, Laurel Rod and Gun Club Curtis Lord (Treasurer) Herb Stoik (President) Partial Invalidity In the event any provision of this agreement or part thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shalremain in full force and effect and shall in no way be affected, impaired or invalidated thereby. FUMVIONWAYM-1 Notices/Demands Notices or demands required hereunder shall be in AkTiting and shall be sent by certified. mail (return receipt requested) to those persons at the addresses noted herein. The address of either party hereinabove set forth may be changed from time to time by giving written notice in that regard. All payments required to be made hereunder shall be made at the appropriate address hereinabove set forth or to such address as, -either of the parties may from time to time specify. ARTICLE XVIII Lessee may sponsor or conduct shootingactivities and events to this agreement 's agreement expires. ThereaTt r,- ee acknowledges -� . ids the will no longer allow or agree to allow shooting activities anywhe - �Cjty�ed Riverside Park. -CITE►' OE LAUREL By: Mayor BY City CIerk 6 LESSEE: By provided, including;; but without limitation,. any carelessness, negligence, improper conduct,. wrongful or intentional act or breach of this agreement by the Lessee or its agents, employees, patrons, invitees, suppliers or licensees, and any and all costs, expenses and fees, including attorneys' fees, incurred by the City incident thereto. The City hereby indemnifies and agrees to hold the Lessee free .and harmless from ;any sand ,all =actions caused by the -sole negligence of the City. Time of the Essence, Time is and shall be deemed of the essence in respect to the performance of each provision of this agreement. ARTICLE XIII Assignment,lVlorigages and Subleases Lessee may not assign its rights under this agreement or encumber the leased property. Lessee may sublet the leased property for up to three consecutive days per event. ARTICLE Surrender Upon Termination Upon the termination or cancellation of this agreement, Lessee shall surrender possession of the leased property to City. Lessee shall not hold -over or otherwise refuse to vacate the leased property. Any.holding over by Lessee :shall incur to the City .apenalty fee -of $100.00 per day. ARTICLE XV This agreement and the attached Map constitutes the entire agreement between the parties and no waiver of any right, agreement or condition herein and no modification of any term or condition herein shall be binding upon either party unless in writing and signed by both parties. 5 state and municipal authorities, and with any direction of any public o deer, pursuant to laxv�, which imposes any duty upon Lessee or the City with respect to the leased property. Lessee, at its sole expense shall obtain all licenses or permits which may be required for the conduct of its business or activities within the terms of this agreement. The City, when necessary, will join with Lessee in applying for all such permits or licenses. ARTICLE X Liability Insurance A. Event Insurance. Lessee shall obtain a comprehensive general liability policy of insurance covering lass, claims, lawsuits: or liability for damages; property damage; personal injury or death, and any expenses of the parties against any claim for such damages which might result from use or occupation of the leased property, during shooting events. The insurance for shooting events shall be for the benefit of Lessee and the City in the amount of one million dollars ($1,000,000.00) per occurrence -Adth:an aggregate value of two million dollars ($2,000,000.00). Lessee shall fiunish a copy of such insurance policy to the City prior to each of its events. The City and Lessee shall be specifically named as insured under said policy. B. Rental Insurance. For non -shooting uses, Lessee shall obtain a one million dollar ($1,000,000.00) comprehensive general liability policy of insurance covering loss, claims, lawsuits or liability for damages, property damage, personal injury or death, and any expenses of the parties aga nst:any claim for -such damages which might result from use or occupation of the leased property. TheCity and Lessee shall be specifically named as insured under said policy. 14 -1 Is]EFr Indemnification Lessee hereby indemnifies and agL ees- to hold the City -free: and hatmi_ess from and: against any and all actions, claims and demands arising out of the use or occupancy of the leased property by Lessee or the failure of the Lessee to maintain the leased property as herein 4 I ms. :a a•�61 M Lessee takes possession of -Property I "as is" and agrees to maintain Property I in a like or similar condition throughout the term of the agreement.. There are no repairs contemplated for Property I under this agreement. 411100=91 Right to Inspect Premises The City has a right, at all times during the term of this agreement, through its agents and employees,. to enter upon Property 1 for the purpose of e amining and inspecting the same to determine whether Lessee has complied with its obligations hereunder with respect to the care and maintenance of the leased property. CanceHation or Temination A. Cancellation. It is agreed by both the parties that this agreement shall not be canceled without good and reasonable cause. In the event the property leased hereunder or any portion thereof is not available for occupancy or use upon, commencement of during,the term of this agreement due to. flood, fire, casualty, acts of God, strikes, national emergency or some other cause beyond the, control of City, this agreement and the obligations of the parties hereunder shall terminate and the lessee hereby waives any claim against the City, its employees or agents for damages by reason of such ;cancellation. Any notice:oftancellation must be in writing and sent by certified mail ID —Termination. The -City may-terminate-this-agreement-if4he Lessee -fails to make its rental payment or perform any other condition or obligation required herein. The Lessee may terminate this agreement if the City fail to perfon-n its obligations contained herein. Notice of termination must be in wiriting. and sent by certified mail. ARTICLE IX Compliance With Re Mations Lessee, at its sole expense, shall comply with all laws, orders and regulations of federal, referred. to-as"leased pioperty.-- The available, leased property is. defted as. t-vvo:separate and distinct properties. Property I constitutes the area utilized for shooting events as shown on the attached map. Property 2 constitutes the Club House shown on the attached map. The parties agree that this agreement is solely for Property 1. The parties -shall negotiate and execute an additional agreement for lease of Property 2 after the City completes the necessary renovations/repairs and the structure is declared safe and usable. }SUS )-e 7IRTIrcta Parties: City: Office of the Mayor (City Clerk) Box 10 Lessee: Laurel, Montana 59044 Phone: (406) 628-7431 Fax: (406) 628-22411 ARTICLE IV Tenn of Aareernent The term of this agreement shall commence on approval by the City Council -and run for a period of five (5) years. If this agreement is terminated prior to expiration of the 5 -year term, the City agrees that Lessee may remove all Lessee owned equipment and/or personal property stored or present -upon the leased property. ARTICLE V Rent I ) Lessee shall pay the City rent in the amount of rt5c04 per year as. consideration for the use of Property 1. Lesseeshall pay annually on or before- theanniversary date of the agreement The payment of rent included Lessee's right to utilize the leased property as described herein. 2 LEASE AGREETMENT This agreement is entered into this day of , 20, by and between the City of Laurel, Montana, a municipal corporation organized and existing under the laws of the State of Montana, whose business address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to,as "'City" (Lessor) and the Laurel Rod.& Gun Club, whose business address is , hereinafter referred to as "Lessee". WITNESSETH: In consideration of the -mutual covenants. hereinafter set forth, the partiesheretoagree and covenant as follows: Purpose of Agreement The purpose of this Agreement is to .lease the Lessee certain and..specific City facilities or property in order that the Lessee may conduct upto-� shotgun shooting events SM4561�u- upon iev e the City leased property pursuant to the following conditions: 41. It 1 4-0 e All shooting events must be conducted pursuant to an Event Safety Protocol establishing. Range Officers and all safety procedures for the event; 0 No individual using or suspected of using alcohol may be allowed to handle a firearm, shoot in the event, or be present inside the trap firing area; and a No individuals may be allowed in the trap firing area -other than the officers and -shooting participants of the shooting event. Leased Proms The City hereby leases and permits the use to Lessee and the Lessee hereby leases from The City the following -described property located in Yellowstone County, Montana, hereinafter