HomeMy WebLinkAboutCouncil Workshop Minutes 06.11.2019MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, JUNE 11, 2019
A Council Workshop was held in the Council Chambers and called to order by Mayor Tom Nelson
at 6:30 p.m. on June 11, 2019.
_x Emelie Eaton _x Heidi Sparks
x Bruce McGee x Richard Herr
x Scot Stokes x Iry Wilke
x Richard Klose x Bill Mountsier
OTHERS PRESENT:
Karen Courtney, Safety Officer
Bethany Langve, Clerk/Treasurer
Stan Langve, Police Chief
Nick Altonaga, City Planner
Public Input:
There were none.
General Items
1. Re -appointment of Roger Giese to the City/County Planning Board for a two-year tern
ending June 30, 2021.
All appointments on this agenda are re -appointments of people who are already serving on these
Boards and Committees. Mayor Nelson announced that the City/County Planning Board has four
vacancies. Those who are interested in serving on any of the Boards/Commission can contact the
City Clerk or Council Secretary.
2. Re -appointment of Brock Williams to the Laurel Airport Authority for a five-year term
ending June 30, 2024.
There was no discussion.
3. Re -appointment of David Gauslow to the Cemetery Commission for a two-year term
ending June 30, 2021.
There was no discussion.
4. Re -appointment of Richard Klose to the Cemetery Commission for a two-year term
ending June 30, 2021.
There was no discussion.
5. Re -Appointment of Phyllis Bromgard to the Tree Board for a three-year term ending
June 30, 2022.
There was no discussion.
6. Re -Appointment of Clair Killebrew to the Library Board for a five-year term ending
June 30, 2024.
Mayor Nelson stated that Clair Killebrew had served one term on the Library Board. She is
requesting to be re -appointed to her second, and final, term. Mayor Nelson also stated that
Council President Eaton was also interested in serving on this Board. One Council Member is
allowed to serve on Library Board.
It was questioned if there was only one position open. It was clarified that is correct.
Bethany Langve, Clerk/Treasurer, stated that the Library fund would be moved out of General
Fund and into its own fund. The Library will be responsible for creating and maintaining its own
budget. This is how they should have been set up to begin with. They will be allotted a mill value
each year. This year it was calculated to be approximately 29 mills to mirror this year's budget.
Once Council approves the mill value, they no longer have oversight over how the Library Board
chooses to spend those funds. The Library Board will still have to report to the State in regards to
their budget. The City is required to budget a minimum of 5 mills for the Library. For these
reasons, the Council may consider appointing a Council Member to the Library Board. It is the
Clerk/Treasurers opinion that a Council Member sits on this board as there is no direct oversight
of the Library by Council. Before Council approved expenditures and provided oversight, this is
no longer the case.
It was questioned if the State or the City fund the Library. It was clarified that the City funds the
Library and will now do so by moving mills from the General Fund to Fund 2220.
It was questioned why it wasn't set up this way to begin and what triggered this change. It was
clarified that in the review of the budgeting process, there is a lot of time that the Clerk/Treasurer
and Mayor spend establishing the budget for the Library. Upon further review, it was determined
that this should be done by the Library. This process is used in other City's, and it seems to work
well for them. and it seems to work well for them.
Executive Review
7. Resolution: A Resolution Adopting A Safety Policy For The City Of Laurel.
Karen Courtney, Safety Officer, stated the current Safety Policy was written in 2004. It is
antiquated and needed to be updated. This proposed policy was accepted by the Safety
Committee in January of 2018. Department Heads reviewed and suggested changes. After those
changes were made it was signed off on by Department Heads in November 2018. The City's
insurance company reviewed and approved this policy. The City Attorney has also reviewed and
approved this policy. This policy incorporates current OSHA standards.
Mayor Nelson stated that last time Council saw a policy this big was the personnel manual. At
the time there was some angst in approving the policy without having the time to fully review the
document. Council has the option to not make a decision at next week's meeting and bring it
back to the following Workshop if they need additional time to review the document.
The Safety Officer clarified the last Safety Policy was over 150 pages in length. This Safety
Policy is a condensed version of a policy. There will be department specific policies. The safety
needs of office personnel are different than those in Public Works.
It was questioned if the Safety Officer could address the major changes to this policy. It was
clarified that responsibilities are better outlined, clarity in the chain of command, and where
things need to be reported. It also states that the Safety Committee will review all accidents
within the City; this was not previously stated and wasn't being done. This City was addressed
via the Department of Labor & Industry as to why we weren't investigating accidents to prevent
them from occurring in the future. The Safety Officer is to be notified of all accidents to track for
any trends and can assign training to that department. The forms have been updated to protect
privacy; they do not contaiii information such as social security numbers.
It was questioned if this policy will be updated regularly. It was clarified that this policy would
be reviewed and updated on an annual basis. The accident rate is decreasing throughout the City.
How City's are rated is changing and will change the focus. The Safety Officer will work to
identify any shortcomings and add those to this list.
It was questioned if each department will have its own safety policy. It was clarified that this
policy is the basic policy that covers all employees. The department -specific policy will address
the issues related to that departments needs. Each department has a representative on the Safety
Committee. They will go over the department safety policy with each employee and have them
sign off that they have been trained.
It was questioned after their initial training when they are hired, how often do they have to revisit
the safety policy. The only time the employee will be required to read the policy is when there is
an update. However, they have implemented "Toolbox Talks" that can be done at department
meetings. There are 52 topics, and each is approximately 5 minutes in length before the City
would use 30 -minute videos from the 1970s.
It was questioned how this policy works with MMIA and if it will affect the City's insurance
rate. This policy will affect the City's insurance rates the City receives a rating. Two pieces that
are part of that calculation is does the City have a safety policy and do they have a safety
committee. Both are required by OSHA. The original template was from MMIA; they have also
reviewed the final policy. The fact that training has been done and employees have signed off
should help reduce the insurance rates. Recently the Safety Committee recommended the use of
ice cleats, all employees were issued ice cleats, and it has reduced the slip and fall accidents.
It was questioned what resources were used in crafting this policy. The Safety Officer had
attended Safety Fest used their distributed information, OSHA Standards, and the Montana
Safety Culture Act. One thing that has already been implemented is the safety concern form. An
employee doesn't need to put their name on the form, but they can report a safety concern both
to their supervisor or the Safety Officer. All safety concerns are reviewed and brought to the
Safety Committee for discussion.
It was questioned if there were any identified safety concerns at this time. It was stated that the
only ones currently are the buildings at City Shop, there was some leaking of the roof and other
maintenance that needed to be addressed. During building inspections looked for items to make
the buildings safer and have appropriate fire egress and ensuring everyone is out of the building.
S. Resolution No. R19-22: A Resolution Of The City Council To Amend The Large Grant
Request Program Pursuant To The Recommendation Of The Laurel Urban Renewal
Agency.
Nick Altonaga, City Planner, took a brief moment to recap the events of the past few weeks
regarding this issue. The request to raise the large grant cap to $225k was to better serve the
businesses within the district. There have been some communication gaps between the Council
and LURA. He is working hard to bridge those gaps to the best of his ability. Historically there
have been issues with bringing items to Council properly and reporting properly. Spoke with the
Clerk/Treasurer about the reports Council is asking for, both are willing and able to draft any
report necessary for Council that would include the funding that has been requested, what the
budget looks like, and help bridge the communication gap.
Judy Goldsby, LURA Chair, gave a brief overview of how the TIF District works and that
LURA has been able to do some incredible things so far. Last year LURA received over $400k
in requests. LURA was unable to grant all the grants, and even shuffled some of the projects into
the small grants as it benefited the applicant more. She stated there are many more things the
LURA Board could do if they had the funding available.
Steve Solberg, property owner within the District, stated he has been on the LURA Board for
approximately five or six years. He has seen a lot of progress made during his time on the board.
He stated it was his understanding that the TIF District was a tax increase that was created with
the purpose of helping the businesses owners. Last year approximately $800k worth of projects
was submitted. The Large Grant is a 1:1, it is not a funding mechanism but rather an assist
mechanism. He gave some examples of the work LURA has done around the TIF District,
ranging from parking lot improvements to street paving to the improvement of the business
appearance. His perception of LURA is not for infrastructure funding. The proposed project has
not been on LURA's radar as a potential project. The increase of the Large Grant Program cap to
$225k would allow businesses to continue to make improvements.
Peggy Miller, 201 E. Main Street, stated that the grant program is wonderful. She and her
husband did not opt to use the program until this last year. It allowed them to get going on
renovating their building, where other circumstances would have limited the work they could do.
They take great pride in the upgrades they have done. The upgrades also incentivize other
businesses to do the same. This area is looking alive and new, which is not only good for the
businesses but the community as well. Mrs. Miller stated she feels the funds should stay in the
fund and be used to help businesses as it was designed for. Each business is grateful for every
dollar they were able to receive. Mrs. Miller appreciates the Council, LURA, and the
opportunities this program has brought business owners.
It was questioned if the Mayor was the grapevine that previous speakers had referred to, further
what is going on with the street project. It was clarified that LURA would expire if a few years if
a project is not bonded to extend the TIF District. There are two options; those funds can be
spent on projects and let the TIF District expire or bond a project and extend the TIF District. It
has always been the desire of the City to bond a project to extend the TIF District. A variety of
projects have been discussed over the years. One was the Gateway project. This project would
cost more than what LURA is able to contribute as well as it is a State highway. The goal was to
increase traffic flow by installing a roundabout. However, having a roundabout butting up to a
four-way stop does not help with the flow of traffic. The Mayor is investigating ways to have the
underpass lanes widened when the railroad bridges are replaced. The project the Mayor spoke
with LURA about a few months back addresses the streets in most disrepair within the TIF
District. This project allows for the TIF District to be extended. Eventually, savings will be built
up again to continue to do future grant funding or even bond a smaller project. Tax values
typically increase over time. Once the TID District expires it is done, you do not create another
TIF in the same location. The City needs to take advantage of the ability to extend the district.
Bethany Langve, Clerk/Treasurer, clarified that the TIF District is not just a grant program; in
fact, it is a lot more than a grant program. She stated she was disappointed in the lack of support
for this project. The Mayor has brought forward an incredible project. The TIF District has had
over a million dollars for over three years, there have been no complaints in that time. Now that a
project is in the works, there are complaints. This project will bring streets and infrastructure to
businesses and will assist those business in many facets. The prior staff did not educate this
committee on how it should run. The new Planner is working hard to address those issues. There
has been a request for an annual report. The Clerk/Treasurer asked what the Council would like
to see in this report. It's known that Council wants to see revenue, expenditures, and what is
handed out in grant money, but are there other items that Council would like a report on such as
before and after pictures or a synopsis of the projects that received grant funding.
It was stated that every time LURA comes in, it seems they are unaware of what the bondable
project is. They are an advisory committee, but they need to be able to advise. It was clarified by
the LURA Chair that the only mechanism they had to spend money was via the grant programs.
They did not have a presentation of what the bondable project would be. The grant increase
request came from the desire to use some of the funds that LURA had sitting in their account.
LURA would like the bondable projects to be presented so that LURA can advise on the project.
It was stated that LURA has a million dollars that have accumulated over the past few years. The
City now has a bondable project that this reserve will be used to extend the life of the district.
The TIF District will continue on with the same amount of income. It was questioned if this is
correct. It was clarified that that was indeed correct. The revenue should increase annually. Part
of the annual revenue will be used to make their debt service payments.
It was questioned if Council does not approve the Large Grant Program increase will LURA be
able to continue their grant programs have they have in previous years. It was clarified that that
is correct. When entered into the bondable project, the district will be extended another 25 years.
If the Council chooses to approve the cap to $225k, they should still be able to bond a project. It
was further clarified that LURA is not required to disburse funds up to their cap.
The Planner clarified that he would be working on performance measures to help objectively
score each of the grant applications. After discussions with LURA members, it is clear that there
is miscommunication. LURA was under the impression this was in the conceptual stage and not
the design stage. The Planner is working to clear those lines of communication. Mayor Nelson
clarified further that the only conceptual project he had seen was the Gateway project. That the
City is to the point where they need to get this project bonded to extend the TIF District so as not
to let it expire. Business owners have come forward, asked for various issues to be addressed.
This is the Goldilocks project; it is in the district, the area is blighted, it assists the businesses in
the area, and is affordable.
It was stated that LURA receives over $600k each year in revenue, and the expected debt service
payment will be $200k. It was clarified they are budgeting a debt service payment of $350k each
year. It was questioned if raising the limit to $225k wouldn't there still be funds left over. It was
clarified that the $225k does not include the Technical Assistance or Fagade grant programs.
LURA has the ability to spend up to $5k before they need Council approval. It was questioned
what will be left over after the debt service payment. It was clarified that the project could bond
out higher than expected. The Clerk/Treasurer has taken the conservative approach during the
budgeting process.
At the last Workshop, it was stated that the Council could raise the amount by $50k or $75k and
re-evaluate in a year or two if raising the cap to $225k if feasible. No one is saying the grant
program cannot continue or that an increase can't be given. What is being said is raising the limit
to $225k with the unknowns of how much the debt service payments will be is cutting it close.
There is a very good possibility that the District may end up bonding more than anticipated,
given the condition of the infrastructure. A Council Member felt that raising the cap at this
juncture is putting the cart before the horse. It is terrible to tell business owners within the
District that there is $225k available and then turn around and not have the funds to give that
amount out in grants. This Council Member would rather increase by a smaller amount, get hard
figures for what the debt service is going to be before increasing to $225k.
It was clarified that this is not a Public Works Project to bond the TIF District, but rather a
project within the TIF District. The TIF District was created to address blight. Taxes were
increased and set aside to address those issues. There are four conditions listed in LMC
20.04.030, see attached. This is not a diversion of TIF funds to do a Public Works project, but
rather the TIF District addressing blight in one of its areas.
Mayor Nelson stated that the LURA Board is full of volunteers. They had done a good job since
2007 when the TIF District was created. They do rely on Staff for guidance and information.
They will continue to rely on Staff as they grow. He has faith that this District will continue to
see growth within the District.
The question before Council is to increase the cap for the Large Grants to $225k. Council has
two options. First is to motion, second, and approve. Second is to motion, second, motion to
amend, then approve.
9. Resolution: A Resolution Approving The Agreement Between The City Of Laurel And
The Laurel Airport Authority, Said Agreement Relating To Fire Protection
Mayor Nelson stated that each year, the agreement between the City of Laurel and the Airport
Authority would come before Council. This year there was a 2% increase from last year. This
contract is for the Fiscal Year 2019-2020.
It was questioned if a Council Member sits on the Airport Authority. It was clarified that no
Council Member sits on the Airport Authority, but there is also no legal provision allowing a
Council Member to sit on that Board.
10. Resolution: A Resolution Approving An Agreement Between The City Of Laurel And
Yellowstone Boys And Girls Ranch, Relating To Fire Protection.
Mayor Nelson stated that this agreement is similar to the previous agenda item but in regards to
the Yellowstone Boys and Girls Ranch. Both the Airport and the Yellowstone Boys and Girls
Ranch have the potential to have changes in structures, unlike the other Fire Districts. For this
reason, they are on a yearly rotation instead of a two-year [corrected: three -years] rotation.
It was questioned the timeframe of this contract. It was clarified that this contract is for the Fiscal
Year 2019-2020.
11. Resolution: A Resolution To Authorize The Mayor To Sign Agreements With Laurel
Public Schools, District 7 And 7-70, Continuing The School Resource Officer (SRO)
Program For The Laurel High School.
Stan Langve, Police Chief, stated this resolution is for last year's contract and this year's
contract. There are no real changes, except the variables such as wages. There are some language
clarifications that the School Districts legal staff requested. There were no changes, but more
clearly stated how this program has always operated.
It was questioned if Chief Langve could give a brief summary of the SRO program. Chief
Langve stated that this partnership had been the most tangible, successful partnership between
the City of Laurel and the School District. Between the commitment from the City to first
provide one officer, and then rapidly a second officer for this program along with the School
Districts commitment with their financial challenges and growth issues. When this program
began, the SRO's were addressing very different things than they are today. The SRO position
has grown into an opportunity to not only be a law enforcement presence, but also a teaching
opportunity. The SRO is there for security and education.
It was questioned if there have been discussions about bring an SRO to the grade school level. It
was clarified that that request has not to be brought forward. The two officers are assigned a
primary focus school; they are available to the grade schools if the need arises. The SRO's try to
visit the grade school, especially for special events. The greatest need for the SRO presence is in
the Middle School and High School.
It was questioned why the dollar amount between the FYI 8-19 and FYI 9-20 for the High School
were so different. It was clarified that Officer Anglin began working in the High School in
January, due to the circumstances the City is not charging the School for the full year.
12. Resolution: A Resolution To Authorize The Mayor To Sign Agreements With Laurel
Public Schools, District 7 And 7-70, Continuing The School Resource Officer (SRO)
Program For The Laurel Middle School.
Agenda item discussed with a previous agenda item.
13. Resolution: A Resolution Authorizing The Mayor To Execute Agreements With
Zuercher Technologies LLC, A Tritech Software Systems Company, For Equipment
And Support For The City's 911 Service.
Stan Langve, Police Chief, this project is to replace the near failure 911 center to a next
generation 911 center. House Bill 71 requires all 911 centers to be brought up to a next
generation 911 systems. This includes moving away from copper wire to intemet based. This
project has been in the works for a while when Chief Langve took over this past fall moved
forward on this project. This is a critical need. The proposals first came in the summer of 2017.
Zuercher has been in business for 25 years; they are a national company. The City of Laurel
currently uses them for their Computer Aided Dispatch system (CAD) for the past four years.
Their customer service has been good in that timeframe. This system does have options for
customization. There were two proposals. Zuercher was the low proposal, it will work
seamlessly with the CAD software, and when the GIS Mapping needs to be updated, it will plug
into this system without issues.
It was questioned if someone locally is contracted with this company to address any hardware
maintenance issues. It was clarified they do have someone local who can assist in addressing any
hardware issues, they understand this is a 911 dispatch center. This proposal came in under the
budgeted amount.
Bethany Langve, Clerk/Treasurer, stated that this was budgeted for via the CIP. It was budgeted
for $160k. It came in at $128,326.68, which is significantly under budget.
14. Resolution: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Christison's Roofing For Roof Repairs On The Jaycee Hall.
Mayor Nelson stated that part of the roof at Jaycee Hall blew off in a windstorm. This is the
repair of that roof.
It was questioned if insurance would be paying for this repair. It was clarified that the City's
deductible is $2,500, which is approximately half the cost of the repair. Each claim effects the
premium the City pays it made more sense to repair to roof ourselves than submit an insurance
claim.
It was questioned if this is for an entire roof replacement or just the damage that was done. It was
clarified that this is a repair for the damage that was done.
It was questioned if the work had been completed and why the contract had already been signed.
It was clarified that the City is required by the lease to fix any issues with the roof if the roof
goes without repair and causes damage to the inside of the building the City would also need to
pay to fix those issues as well. In an effort to not have any additional damage occur, the Mayor
authorized work to begin. Two quotes were obtained, there was a $3k difference between the
quotes.
15. Resolution: A Resolution Authorizing The Mayor To Execute A Contract For The City
Prosecutor Position Between The City Of Laurel And Attorney Teague Westrope.
For years the City has had a contract with Elk River Law to provide prosecuting services for the
City Court. Elk River Law choose to terminate its contract with the City. The City Civil Attorney
sent out the position on the attorney listserv. There were approximately eight responses. This
individual came highly recommended by the City Civil Attorney as well as the Judge.
It was questioned if this individual is local since the notification went out statewide. It was
clarified that Mr. Westrope is local.
Mayor Nelson stated that there had been questions if one person to do both jobs (civil and
prosecuting) would be better. Finding someone to do both sides would be difficult. Currently, the
attorneys are able to get their work done at this time, having one person in both roles is not the
best option for the City.
Council Issues
16. Ordinance Discussion
There are no ordinances to discuss this evening. However, this agenda item will be brought
forward to Workshops that are lighter than this evenings. Need to identify the ordinances that
need to be addressed. Do not want to overwhelm staff along the way.
It was questioned if changes in ordinances need to be publicly notified. It was clarified that they
do. It was further questioned what that process looks like. It was stated that clarification would
be made under other items.
Other Items
Bethany Langve, Clerk/Treasurer, addressed a recent statement made by the Laurel Outlook, see
attached. In the June 6, 2019 edition of the Laurel Outlook an article titled "Laurel City Council
fails to amend large grant program" approximately halfway down states "Notice for the public
hearing was not printed in the Outlook by the city." The Clerk/Treasurer went on record stating
the City followed MCA 7-1-4127, see attached. The Clerk/Treasurer wants to make it clear to the
public, Council, and staff that the public hearing was noticed properly. The affidavit of
publication is available in the Clerk/Treasurers office, see attached.
It was questioned if this was fake news. It was clarified that someone reading that statement
could read it as the City violated MCA 7-1-4127. The City did not violate MCA 7-1-4127.
It was questioned if resolutions needed to be publicly noticed because there is an opportunity for
the public to speak prior to Council approving it. It was clarified this was in reference to the
creation of SID No. 119 and required a public hearing. Those residents who are directly affected
by SID No. 119 got certified mailing and had an opportunity to protest the SID.
Review of Draft Council Agendas
17. Review Draft Council Agenda for June 18, 2019.
There were no changes.
Attendance at Upcoming Council Meeting
All in attendance will be attending next week's Council meeting.
Announcements
18. Employee/Volunteer Recognition:
Mayor Nelson recognized the following Employees and Volunteers. He thanked them for their
years of service.
Employee Recognition:
Brian Kline
14 years
City Shop
William Brew III
13 years
Police
Daniel Griffin
10 years
Police
Raymond Ezell IlI
2 years
Public Works
Volunteer Recognition:
Riley Hutchens
5 years
Ambulance
Morgan Ecklund
2 years
Ambulance
Shaun Klunder
3 years
Fire
Shane Willis
3 years
Fire
The council workshop adjourned at 8:32 p.m.
Respectfully submitted,
Brittney
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
Ordinance Regulations for LURA
Laurel Municipal Code 20.02.060 Sections A, B & C
And 20.04.030 and 20.04.040
20.02.060 Agency authority and duties.
A. In accordance with MCA Section 7-15-4232(2), the city council shall assign the agency the
appropriate powers ... The agency shall act in an advisory capacity to the city council ... The city
council may modify the Laurel Urban Renewal Plan
B. Annual report. On or before September 30 of each and every year, the agency shall provide
the city council a written report of its activities for the preceding fiscal year. The report shall contain a
complete financial statement setting forth all appropriate expenditures, income, assets, liabilities and
operating expenses. At the time of filing the report, the agency shall publish notice, in a newspaper of
general circulation, that the report has been filed with the city council and is available for inspection at
the office of the city clerk/treasurer during business hours and if applicable, the agency's office.
C. Annual work program and budget. The agency shall also prepare an annual work program
(AWP) and proposed budget that provides a list of planned activities for the fiscal year along with the
estimated costs of the planned activities. The AWP must also contain the proposed methods of
financing the planned activities. ... All budgets and revised budgets shall be reviewed and approved by
the city council as required by Montana Law.
20.04.030 Existence of blight.
The city council hereby finds the following conditions of blight exist in the urban renewal
district as defined in MCA Section 7-15-4206:
A. `Blighted area" means an area that ... constitutes an economic or social liability or is
detrimental or constitutes a menace to the public health, safety, welfare ... by reason of:
1. The substantial physical dilapidation ... whether residential or nonresidential
2. Inadequate provisions for ... sanitary facilities
3. Defective or inadequate street layout
(a) Street improvements
4. Unsanitary or unsafe conditions.
(a)Public safety. Certain areas do not have street lights, sidewalks, curbs, gutters or
sidewalks. The installation of these types of infrastructure is vital for the public safety.
20.04.040 Effective date.
This title shall become effective the 27h day of December, 2007.
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6/12/2019 7-1-4127. Publication of notice — content — proof, MCA
MCA Contents / TITLE 7 / CHAPTER 1 / Part 41 / 7-1-4127 Publication of ...
MIT M.ITO VMSf, .''1
TITLE 7. LOCAL GOVERNMENT
CHAPTER 1. GENERAL PROVISIONS
Part 41. Municipalities
7-1-4127. Publication of notice -- content -- proof. (1) When a municipality is required to publish notice,
publication must be in a newspaper, except that in a municipality with a population of 500 or less or in which a
newspaper is not published, publication may be made by posting in three public places in the municipality that have
been designated by ordinance.
(2) The newspaper must:
(a) be of general circulation;
(b) be published at least once a week;
(c) be published in the county where the municipality is located; and
(d) have, prior to July 1 of each year, submitted to the city clerk a sworn statement that includes:
(i) circulation for the prior 12 months;
(ii) a statement of net distribution;
(iii) itemization of paid circulation and circulation that is free; and
(iv) the method of distribution.
(3) A newspaper of general circulation does not include a newsletter or other document produced or published
by the municipality.
(4) In the case of a contract award, the newspaper must have been published continuously in the county for the
12 months preceding the awarding of the contract.
(5) In a county where a newspaper does not meet the qualifications in subsection (2), publication must be made
in a qualified newspaper in an adjacent county.
(6) If a person is required by law or ordinance to pay for publication, the payment must be received before the
publication may be made.
(7) The notice must be published twice, with at least 6 days separating each publication.
(8) The published notice must contain:
(a) the date, time, and place of the hearing or other action;
(b) a brief statement of the action to be taken;
(c) the address and telephone number of the person who may be contacted for further information on the action
to be taken; and
(d) any other information required by the specific section requiring notice by publication.
hftps:Hleg.mt.gov/bills/mca/title_0070/chapter_0010/part 0410/section_0270/0070-0010-0410-0270.html 1/2
6/12/2019 7-1-4127. Publication of notice — content -- proof, MCA
(9) A published notice required by law may be supplemented by a radio or television broadcast of the notice in
the manner prescribed in 2-3-105 through 2-3-107.
(10) Proof of the publication or posting of any notice may be made by affidavit of the owner, publisher, printer, or
clerk of the newspaper or of the person posting the notice.
(11) If the newspaper fails to publish a second notice, the municipality must be considered to have met the
requirements of this section as long as the municipality submitted the required information prior to the submission
deadline and the notice was posted in three public places in the municipality that were designated by ordinance and,
if the municipality has an active website, was posted on the municipality's website at least 6 days prior to the hearing
or other action for which notice was required.
History: En. Sec. 3, Ch. 455, L. 1979; amd. Sec. 3, Ch. 354, L. 2001; amd. Sec. 1, Ch. 97, L. 2009; amd.
Sec. 2, Ch. 279, L. 2013.
Created by LAWS
https://Ieg.mt.gov/bills/mca/title 0070/chapter 0010/part 0410/section 0270/0070-0010-0410-0270.html 2/2
ATffm��11 1111 11111 11,111 i
STATE OF MONTANA
County of Yellowstone
NOTICE OF PASSAGE OF
RESOLUTION
SPECIAL IMPROVEMENT DISTRICT
NO. 119 AND TO ISSUE THE CITY'S
SPECIAL IMPROVEMENT DISTRICT
NO. 119 BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF UP TO 569.000
SECURED BY THE CITY'S SPECIAL
IMPROVEMENT DISTRICT REVOLVING
FUND
CITY OF LAUREL. MONTANA
Jonathan McNiven
NOTICEIS HEREBY GIVEN that on May
7, 2019, the City Council of the City of
Laurel, Montana (the -City"). adopted'a
ONTANA
Resolution of Intention to Create Special
Being duly sworndeposes and says:
Improvement District No. 119 (the `Dis-
triofor the purposefinancing the
?
costss of cenain local improvements and
That he is the Legal Advertising Clerk of Yellowstone County News a newspaper of
paying costs incidental thereto. including
costs associated with the sale and the
security of special improvement district
bonds of the City drawn on the District
'
(the "Bonds"), the creation and admin-
general circulation published weekly in the Town of Huntley, in the County of
istration of the District, and funding a
Special improvement
deposit to theDistrict Revolving Fund (tile "Revolving
Fund-).
Yellowstone State Montana that the folio legal Notice Passage of
A complete copy of the Resolution of
Intention (the "Resolution) is on lite with
of and of
> > (8)
tiro City Clerk -Treasurer's office which
more specifically describes the nature of
Resolution is hereto Included in
the Improvements (as defined below). the
boundaries and the area included in tile
a true co of which was published said newspaper
copy pDistrict.
the location of the improvements
nts
and other matters pertaining thereto and
further particulars. A map of the proposed
District is available upon request.
on the following dates: The Improvements consist of the design,
engineering and construction of sidewalk
improvements, including construction and
May17 2019 May 24 2019 installation of sidewalks. ADA -compliant
y y > ramps. drive and alley approaches and
related improvements (collectively, the
`Improvements") to benefit certain prop-
erty located on East Bill Street in the
making in 7t�-7_4
) publication(s). City. Th total estimated costs of the
Improvements and all associated costs
are Sl 02,500. a portion of which is to be
paid from funds contributed by the City
and a portion of which is to be paid from
f proceeds of the Bonds in the amount of
A — //Jj/f 569.000, The Bonds are to be payable
�J �'1 / 4 _. �_..�i primarily from special assessments to
be levied against property in the District.
'
which property will be specially benefited
by the Improvements in an amount not
ONTANA
less than
STATE
The Cityy vrould issue the Bonds in
would
an aggregate principal amount not to
exceed $69.000 to finance the costs of
the Improvements and incidental costs.
County o ellowstone
Principal of and interest on the Bonds will
be paid from special assessments levied
against properties in the District in the ag-
On this 24th day of May 2019, before me, the undersigned, a Notary Public for the
gregate principal amount of 569,000 and
will be secured by the Revolving Fund.
Subject to the limitations of Montana
Code Annotated, Section 7-12.4222, the
State of Montana, personally appeared Jonathan McNiven, known to me to be the
general rda �be used
o ns to theof the y oRevolving Fund
or a general tax levy may be imposed
on all taxable property in the City to
person whose name is subscribed to the within instrument and acknowledged to me
meet the
RevolvingiinFund rat requirements of the
Each lot, tract. or parcel or land in the
District to receive new sidewalks and/
that he executed same. -
or drive approaches as part of the Im-
provements will be assessed for their
proportionate share of the costs of the
Improvements and associated incidental
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
costs thereof based the frontage
method of assessment set forth in Section
7-12-4163, M.CA Each property shall be
assessed for the square footage costs of
that day and year first above written.
concrete sidewalks and concrete drive
approaches being installed with respect to
such properly, and its proportionate share
r -
•
1
(�;
��% j
of associated incidental costs thereof. On June 4, 2019, at 6:30 p.m., in the
Council Chambers, at 115 West First
rQ
/
Street. in Laurel. Montana, the City
Council will meet to hear and pass upon
Victoria Walker
all written protests against the creation or
extension of the District, or the making
of improvements that may be filed in the.
period hereinafter described.
NOTARY PUBLIC for the State of Montana, residing
4"lr'protests against the crDistrict and the making of tof
of thee D the
Improvements may be filed by an agent.
person, firm or corporation owning real
property within the proposed District
at Worden MT.
is liable to be
1
the Improwhose vements. Such protestsessed must
for
be delivered to the City Clerk -Treasurer's
office at 115 West First Street, in Laurel,
My commission expires: June 30 2022
Montana not later than 5:00 p.m., M.T.,
on June 3. 2019. As provided by later,
such protest must be in writing, identify
the property in the District owned by the
protestor and be signed by all owners of
the property. The protest must be delivered
to the City Clerk -Treasurer or the Deputy
Cl -k who shallw hnm+nn Ihe
date
of its receipt by him or her.
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