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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. 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'coe odd_ ❑ oT7 >: •.0> a o>�aA'�E•�v.�'ac.2 w.'�aiUe,.upa. �: cq ��'oQ,.a d a-b.a -'v E « m. c u E 3.$ oocq .�.. ygC', ❑.b «> q « �'- '. .>� y �.on «...'--.�"'. ,b aU J d �'-v o e -:max°" > orA i.Sp 3 d ° o o °3 o--2 n u a and ro- o)- j�* O.Er� ro i, �'�lii O� m,.0 m'°. CL iri m �. s`3Yp m C'O `O O'O'OC-° = m C LL C 0) 0 j GN o_c •- E 3 m °.3c' cc O O Offl •= mFE � E U O.0 =� a 3. _N V,N, m u m o-,? m O 'S E E rn O'O `• .N N r Sc,�, N V mdma &Zc 4 O) —. 3 + N — . C °�c: E �n rnm'3 EE mpvi m Uc . :. ALO .0,"0 sLFm- 2 .mo`mo h.,> 4) MN A'OL>�C6)- mEm'Qm> � aMO =LC C: OLN 3Nm ��d m.n. .3'..N.- .'. . Lv°) •o+t`3 .. Em a= Lt.o 5 o U�OO ,0NCO °,w °m0° Qu "3f "' >ivt `n�'t -•E' �n:ci 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. ORtA w vir�Cy.�g� qiq{�y 1f�c+Q��ap rding l je63adD15i1cT6fZdxfHeAls or of 0 e pro- .r mat- ThRt ,� �O q� ��9 NO -Q, % plgOI (K2 dp{en�}Yx3ie o r n t rt ub ark �h S iK 'c�g?frdT 11d�V tained Direc• * Ilptjvt „gtQ •J(tlpp{gpj�rel.mLgo or b}• �t L teRhu1t144626rL79g•--- My 1 osrn, tuna 2019