HomeMy WebLinkAboutCity Council Packet 03.10.2020
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, MARCH 10, 2020
6:30 PM
CITY COUNCIL CHAMBERS
NEXT RES. NO.
R20-09
NEXT ORD. NO.
O20-02
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified time s for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed fro m the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Coun cil. Citizens may also
comment on any item removed from the consent agenda prior to council action , with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk-Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of February 25, 2020.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
2. Granting A Variance From The City’s Zoning Ordinance To Disregard The Bufferyard
Requirement, Sight-Obscuring Fence Requirement And Building Design Standards On A
Parcel Of Property Located On East Railroad Street.
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
3. Claims for the month of February 2020.
4. Approval of Payroll Register for PPE 2/23/2020 totaling $196,091.12.
5. Approval of Workshop Minutes of February 4, 2020.
6. Approval of Council Workshop Minutes of February 18, 2020.
Ceremonial Calendar
Reports of Boards and Commissions
7. Budget/Finance Committee minutes of February 25, 2020.
Public Works Committee minutes of February 19, 2020.
REVISED Park Board minutes of February 6, 2020.
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City/County Planning Board minutes of February 12, 2020.
City/County Planning Board minutes of February 26, 2020.
Emergency Services Committee minutes of January 27, 2020.
Library Board minutes of January 14, 2020.
Laurel Urban Renewal Agency minutes of February 24, 2020.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audie nce
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Announcements
8. Declare Vacancy on Emergency Services Committee
Scheduled Matters
9. Appointment of Makayla Kostelecky to the Laurel Volunteer Fire Department
10. Motion to approve Council Member Sparks to be absent from the City of Laurel for more than
ten days (LMC 2.12.060)
11. Motion to approve Council Member Stokes to be absent from the City of Laurel for more than
ten days (LMC 2.12.060)
12. Motion to approve Council Member McGee to be absent from the City of Laurel for more than
ten days (LMC 2.12.060)
13. Resolution No. R20-09: A Resolution Of The City Council Adopting The laurel Transportation
System Coordination Plan.
14. Resolution No. R20-10: A Resolution Of The City Council Granting A Variance From The
City’s Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence
Requirement And Building Design Standards On A Parcel Of Property Located On East
Railroad Street.
15. Resolution No. R20-11: Resolution Awarding Knife River The Contract For The City Of
Laurel’s East Downtown Infrastructure Improvements Project And To Authorize The Mayor
To Sign All Required Contract And Related Documents On The City’s Behalf.
16. Resolution No. R20-12: A Resolution Of The City Council Amending Policies And Procedures
For The Laurel Cemetery.
17. Resolution No. R20-13: A Resolution Of The City Council Authorizing The Mayor To Sign A
Memorandum Of Understanding For Operation And Cost Sharing For Public Transportation
Services With The Adult Resource Alliance Of Yellowstone County.
18. Resolution No R20-14: A Resolution Of The City Council Authorizing The Mayor To Execute
A Cooperative Purchasing Memorandum Of Understanding Between The City Of Laurel And
The Montana Department Of Administration To Allow The Purchase Supplies And Services
From Vendors At State Prices.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
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Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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Item Attachment Documents:
1. Approval of Minutes of February 25, 2020.
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Item Attachment Documents:
5. Approval of Workshop Minutes of February 4, 2020.
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Item Attachment Documents:
6. Approval of Council Workshop Minutes of February 18, 2020.
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Item Attachment Documents:
7. Budget/Finance Committee minutes of February 25, 2020.
Public Works Committee minutes of February 19, 2020.
REVISED Park Board minutes of February 6, 2020.
City/County Planning Board minutes of February 12, 2020.
City/County Planning Board minutes of February 26, 2020.
Emergency Services Committee minutes of January 27, 2020.
Library Board minutes of January 14, 2020.
Laurel Urban Renewal Agency minutes of February 24, 2020.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, February 25, 2020
Members Present: Emelie Eaton Bruce McGee
Richard Klose
Others Present: Mayor Nelson Bethany Langve
The Meeting was called to order by Chair Eaton at 5:30 pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While
all comments are welcome, the committee will not take action on any item not on the agenda.
General Items
• Review and approve the minutes of the February 11, 2020 meeting. Richard Klose made a
motion to approve the minutes of the February 11, 2020 Budget and Finance Committee
meeting. Bruce McGee seconded the motion to approve the February 11, 2020 Budget and
Finance Committee meeting minutes, all in favor, motion passed.
• Review and approve the January 2020 Month End Balance Sheet. The Clerk/Treasurer stated
that the January 2020 Month End Balance Sheet was not completed. She stated that she had
some important meetings to schedule and attend. She will bring the January 2020 Month
End Balance Sheet to the March 10th meeting. The Committee agreed that would be
acceptable.
• Review and approve the January 2020 Financial Statements. The Committee reviewed the
January 2020 Financial Statements and had no questions or comments. Richard Klose made
a motion to approve the January 2020 Financial Statements. Emelie Eaton seconded the
motion to approve the January 2020 Financial Statements, all in favor, motion passed.
• Review and recommend approval to Council Claims entered through 02/21/2020. Richard
Klose reviewed the Claims Detail report and the Check Register for accuracy. There were no
questions regarding the claims. Richard Klose made a motion to recommend approval to
Council the claims entered through 02/21/2020, Bruce McGee seconded the motion, all in
favor, motion passed.
• Review and approve Payroll Register for pay period ending 02/09/2020 totaling $199,117.60.
The two-page summary was reviewed, signed and dated. Bruce McGee made a motion to
approve the payroll register for pay period ending 02/09/2020 totaling $199,117.60. Richard
Klose seconded the motion, all in favor, motion passed.
New Business – One member of the Committee stated that the Ambulance mill levy would be brought
up at the Council Meeting and asked to be put on a workshop for a discussion. Another Committee
member asked if the needs assessment had been completed, and the answer was no. The Emergency
Services Chair had been provided DA Davidson as a contact. They can possibly be a company that can
provide guidance throughout the process of drafting the mill levy. The Ambulance Director will need to
provide the needs assessment numbers to the Emergency Services Committee, and what the department
needs to run full-time. The information is needed 85 days prior to the Council saying yes. There is no
time to put the mill levy on the primary ballot, and Emergency Services doesn’t want this going on the
November ballot. If this mill levy doesn’t pass the Emergency Services Committee needs to find out
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why, correct the mistakes, and go out for the mill levy again. There has been lots of talk regarding this
mill being an Ambulance only mill levy versus a mill levy for all emergency services. The Emergency
Services Committee feels that it needs to remain an Ambulance only mill levy. The Clerk/Treasurer
stated that she would ask the auditors about restricting most of the mill levy and allowing a portion of
the mill levy to be unrestricted.
Old Business – None
Other Items
• Review the Comp/Overtime Report for pay period ending 02/09/2020. The Committee
reviewed the report and had no questions or comments.
• Review the January 2020 Journal Vouchers. The Committee reviewed the journal vouchers
and had no questions or comments.
• The Clerk/Treasurer stated that she was going to look at the Safer Grant.
• The Mayor stated that he had nothing at this time.
Announcements –
• The next Budget and Finance Meeting will be held on Tuesday March 10, 2020 at 5:30pm
• Emelie Eaton will be reviewing claims for the next meeting
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the
Council for the listed workshop agenda items.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, FEBRUARY 12, 2020
5:35 PM
LAUREL CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
General Items
1. Roll Call
Chair called the meeting to order at 5:35PM
Evan Bruce
Roger Giese
Jon Klasna
Ron Benner
Gavin Williams
Judy Goldsby
Nick Altonaga (City of Laurel)
2. Approve Meeting Minutes: December 11, 2019
3. Approve Meeting Minutes: January 8, 2020
Members reviewed the two sets of meeting minutes on the agenda.
Evan moved to approve the minutes from December 11, 2019 and January 8, 2020 as presented.
Jon seconded.
Motion carried.
New Business
4. Growth Management Policy Chapter 4: Community Profile
Nick presented the Community profile and Employment forecast chapters. He discussed generally how
he drafted it and some of the information that is included.
Ron: What sources were used for this data?
• Nick: US Census and ACS 5-Year estimates.
5. Growth Management Policy Chapter 5: Employment Profile
Members discussed the lack of specific numbers for refinery and railroad workers which do not appear
to be represented. Members then discussed the Laurel city-county divide and the possible need to take
those numbers into account. Should we include those area residents who are outside of the municipal
boundary?
• Nick will follow-up with KLJ to see if this is necessary and if there is any accurate data.
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• Nick recorded the specific board member notes on a copy of the GMP chapters.
6. Update: Goldberg Sporting Estates Subdivision
Nick provided a brief update as to the Goldberg Sporting Estates Subdivision. City staff and KLJ met
with the Developer on January 31st to discuss the January 16 Sufficiency letter and major items which
need to be addressed prior to moving forward.
Old Business
7. Growth Management Policy Chapter 1: Introduction, Purpose
Nick presented the updated Chapter 1 and asked members to review and comment on any needed
changes. Members had no major comments besides minor spelling and grammar comments.
8. Growth Management Policy Chapter 3: Community Goals and Objectives
Members discussed the importance of sidewalks and community connectivity regarding parks and
subdivision improvements.
Members also discussed the verbiage of some of the goals. It is important to edit them to keep things
more general.
Members discussed the need for property owners to repair sidewalks and fixing sidewalks during
building rebuilds. Who is responsible for sidewalk repair/ property owner or the city?
Discussion of in-fill development in downtown and vacant parcels.
Discussion of S. 1st Ave and needed pedestrian and accessibility improvements.
Nick will send out invitations to major state groups by the end of the week to schedule meetings with the
Planning Board.
Members discussed the need for parks and more useable recreation land – Many developers have
dedicated parkland that is useless or provided cash in lieu and have NO parkland.
Other Items
Members discussed the SE 4th pedestrian walkways and the old lighting district project.
Members discussed the underpass: A tool trailer and port-o-potty were set up near the tracks. There is
work being done on the underpass for maintenance. – Cleaning, etc.
9. 2020 Meeting Schedule
There will be a public hearing on a variance for the Laurel Trading Post along East RR. Similar to the
last one in the same area. Will have the packet by end of week.
I will be in Kalispell on March 11th for the Floodplain Managers Conference. Taking the CFM Exam.
Suggest we cancel this meeting and have Future Land Use placed on the March 25th meeting with
Housing.
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Announcements
10. Next Meeting: February 26, 2020
Meeting adjourned at 6:53PM.
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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MINUTES
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, FEBRUARY 24, 2020
11:00 AM
LAUREL CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
General Items
1. Roll Call
Chair called the meeting to order at 1:00AM
Daniel Klein
Don Smarsh
Judy Goldsby
Nick Altonaga (City of Laurel)
2. Approve Meeting Minutes: January 27, 2020
Don made a motion to approve the meeting minutes from January 27, 2020
Daniel seconded.
Motion carried.
3. Big Sky EDA Update
Diane Lehm from Big Sky EDA was present. She presented a few major upcoming items.
Business Healthcare summit this week, 2/27, Thursday at the Northern Hotel. Guest speakers will hold
sessions from 8AM-5PM. There is no attendance fee and lunch is provided.
Topics covered:
• Asset mapping,
• Economic impact of healthcare
• Roundtable discussions on healthcare, business, and their intersection
• Keynote from Mayo Clinic Discovery Square and how it came together
• MT Bioscience will be hosting a panel.
• Community Action Forum
Official closing of the MT Bank Building is happening on Friday, 2/28. Will then be able to transition
the first two floors into incubator and coworking space for entrepreneurship support.
Steve Simonson from Beartooth RC&D:
• Helped write a support letter for the MT Bank Building purchase for BSEDA.
• Promoting that project will be a good way to boost business experience and knowledge
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• More wind power projects going on
o Public Service Commission is still reviewing projects
o Southern Carbon County project is putting together their gravel stockpiles for
foundation/pad build-out
o They will be building out a major fiberoptic line
o Will notify Council and Planning Board when tours will go through for the site
Will Fiberoptic lines be useable for area residents?
• Very few landowners nearby, but it makes sense to allow options for tapping into the system.
Joliet chosen as location for new Detention Center.
• Beartooth RC&D have been requested to put a USDA Grant for the project to help cover the
costs.
• Will be very helpful for the region due to overcrowding in area jails.
• Will be behind the USDA Service Center.
• 20-30 acre parcel under discussion.
• 80-100 beds is the sweet spot for a detention center
• Sweetgrass and Stillwater Co. have put in letters of intent to have spaces reserved.
New Business
4. Discussion: Laurel Grant Application Form Update
Nick presented the updated application form and information packet. Members discussed the changes
and if any other changes are necessary.
5. Discussion: Grant Program Info Packet Updates
Don: Can we update the reimbursable amount to $4,000 or $5,000 as a limit for Signage and Awnings?
• Any PROJECT that is over $5,000 goes in front of City Council, regardless of separate grants.
Create a new bullet point on front page of application for Signage, Awning, etc. (Separate headings)
Steve mentioned that Beartooth has a Revolving Loan Fund available that are competitive with bank
rates. Steve will send the Planner the contact info for the RLMF Manager. Will update forms to let
Laurel residents know about this separate opportunity.
Old Business
Other Items
6. Budget
Members reviewed and discussed the up to date budget. Had questions about the currently unused
funding in the Large Grant Account.
➢ Two outstanding reimbursements are Mtn Land Rehab and Pelican Café.
➢ Brian from Mtn Land Rehab stopped into the office last week and provided proof of payments
for reimbursement.
Other Discussions:
➢ Steve suggested that Beartooth would be happy to support projects with Gap funding.
➢ Discussion on Owl Café and redevelopment. Will be at auction soon.
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➢ Discussion of parking availability in downtown area.
➢ Rumors about LURA, new businesses? Selling of Rimock Chevrolet to Ford has been done, and
there is a Wendy’s coming in in SE 4th St.
➢ A senior resource center will be going into the Laurel Trading Post lot?
Announcements
7. Next Meeting: March 16, 2020
Daniel motioned to a adjourn.
Don seconded.
Meeting Adjourned 11:43AM.
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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Item Attachment Documents:
8. Appointment of Makayla Kostelecky to the Laurel Volunteer Fire Department
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Item Attachment Documents:
13. Resolution No. R20-09: A Resolution Of The City Council Adopting The laurel Transportation
System Coordination Plan.
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R20-09 Adopt Transportation Coordination Plan
RESOLUTION NO. R20-09
A RESOLUTION OF THE CITY COUNCIL ADOPTING THE
LAUREL TRANSPORTATION SYSTEM COORDINATION PLAN.
WHEREAS, the City of Laurel has developed a transit plan to assist its citizens in
obtaining and utilizing public transit; and
WHEREAS, the City has requested funding for the project through the State’s Federal
Transit Administration grant; and
WHEREAS, the State requires the City adopt a coordination plan annually.
NOW THEREFORE BE IT RESOLVED by the City Council of the City o f Laurel,
Montana, that the Laurel Transportation System Coordination Plan, a copy of which is attached
hereto, is hereby adopted and approved as Laurel’s Transportation System Coordination Plan.
Introduced at a meeting of the City Council on March 10, 2020, by Council Member
________________.
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 10th
day of March, 2020.
APPROVED by the Mayor this 10th day of March, 2020.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
________________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
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TRANSPORTATION COORDINATION PLAN
LAUREL TRANSIT
MONTANA DEPARTMENT OF
TRANSPORTATION
FY-21
Prepared by:
City of Laurel
Bethany Langve, Clerk/Treasurer
Scheduled for City Council Adoption: March 10, 2020
TAC Action:
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Montana Coordination Plan Outline
Adoption by Transportation Advisory Committee:
The relevant transportation providers and agencies are described in more detail.
Laurel Transit:
Laurel Transit (also referred to as transit system) is working to provide a successful on-demand
service for public transportation within the City limits of Laurel while offering regular service to
Billings. Laurel Transit is looking to contract with as many agencies in the area as possible to
provide expanded service. It is currently not feasible for Lau rel to have a fixed route system;
however, accommodations for such a system are being discussed such as bus benches and signs
within the City.
Laurel Transit Schedules:
Laurel Transit operates Monday-Friday 10:00 AM – 4:00 PM. The Billings service route begins at
7:30 and in-town service begins at 10:00 am.
Agencies Involved:
Adult Resource Alliance of Yellowstone County -- ARAYC has partnered with the City of
Laurel to provide the driver for the bus and the cell phone. ARAYC previously operated
the senior bus in Laurel, which was absorbed with the formation of Laurel Transit. The
City works very closely with ARAYC to ensure the level of service delivered through the
senior bus program is continued in Laurel Transit.
Tender Nest Assisted Living—Contact with Tender Nest Assisted Living continues, and
the facility has contracted with the City for vouchers.
COR – There is a plan to include COR in future TAC meetings.
Riverstone Health – The transit system is working to contract for demand/response
service for Riverstone Health patients.
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Laurel Senior Center – The Sprinter bus is currently stored in a garage at the Senior
Center. Frequent trips are taken to the senior center for rider visits .
Laurel Health and Rehab- Continues to utilize the bus service for transportation
purposes for their clients and residents.
MET- contact with MET in Billings has been made in hopes to grow the Laurel Transit
system and gain new ideas.
Public Involvement:
The Transportation Advisory Committee meets quarterly. Meetings notices are published on
the City of Laurel website and at City Hall. Meetings are open to the general public. For more
participation at TAC meetings more community outreach will be done to involve public
participation.
Private Sector:
The City of Laurel does not have any private transportation system available.
Needs Assessment and Plan to Increase Ridership:
The Laurel Transit will be starting focus groups this fiscal year in order to determine the needs
of the community and their transit provider. The focus groups will include current riding
members, City staff, other transportation providers, healthcare employers, and other members
from the community. The groups will focus on the current challenges the transit program faces
and get a better idea of how to improve the system. In order to increase ridership a new 14-
passenger bus be obtained, as the current bus is unreliable and breaking down. A capital grant
application is going to be submitted this fiscal year.
The Laurel Transit System has stepped up its ad vertising strategies by designing and distributing
flyers with route information and publishing that flyer in the Laurel Outlook on a regular basis.
Transportation Advisory Committee (TAC) Meetings:
The Laurel TAC meets on a quarterly basis. The TAC is comprised of City staff, community
interested members and representatives from Residential Support Services, the Adult Resource
Alliance of Yellowstone County and other interested parties. For more participation at TAC
meetings more community outreach will be done to involve public participation.
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Item Attachment Documents:
14. Resolution No. R20-10: A Resolution Of The City Council Granting A Variance From The
City’s Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence
Requirement And Building Design Standards On A Parcel Of Property Located On East
Railroad Street.
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R20-10 Laurel Trading Post Variance East Railroad Street
RESOLUTION NO. R20-10
A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY’S
ZONING ORDINANCE TO DISREGARD THE BUFFERYARD REQUIREMENT, SIGHT-
OBSCURING FENCE REQUIREMENT AND BUILDING DESIGN STANDARDS ON A
PARCEL OF PROPERTY LOCATED ON EAST RAILROAD STREET.
WHEREAS, the property located on East Railroad Street (as further described herein) is currently
zoned Community Entryway pursuant to 17.26 of the Laurel Municipal Code (“LMC”); and
WHEREAS, such zoning provides that all buildings must be completed on all sides, roofs shall be
finished with material that is architecturally compatible in color and design with the construction of the
building, must conform to specific façade requirements, and must have bufferyards that meet specific
requirements of the City; and
WHEREAS, on January 31, 2020, the property owner prepared and filed a Variance Request
Application seeking a variance from the zoning requirements for the property at issue as provided in his
application which is part of the record in this proceeding; and
WHEREAS, the Laurel City-County Planning Board acting as the City’s Zoning Commission held
a public hearing on the variance request on February 26, 2020 at 5:35 pm. The Zoning Commission
received public comment supporting the property owner’s requested variance and no opposition to the
requested variance; and
WHEREAS, the Zoning Commission’s record and decision is contained in the City-County
Planning Board meeting minutes which are incorporated as part of this resolution as well as all documents
submitted into the record; and
WHEREAS, the Zoning Commission considered all of the documentary evidence in the record
along with the testimony presented at the public hearing, and recommends the approval of the variance,
subject to the conditions recommended by Staff as follows:
1. Property Owner shall ensure dust and gravel control measures are in place to keep road
debris off of public right of way.
2. The lot and landscaping must be kept free of weeds as per the City of Laurel Weed
Management Plan.
3. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed
and/or anchored to the ground.
4. The proposed pipe rail fencing must not become an eye sore due to lack of regular
maintenance and/or repair.
WHEREAS, the City Council held a public hearing concerning this matter on March 10, 2020.
WHEREAS, based on the evidence contained in the record, including the Zoning Commission’s
File, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City
of Laurel to allow the variance since:
1. granting the variance in this case relates only to a special condition that is specific to the
applicant;
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R20-10 Laurel Trading Post Variance East Railroad Street
2. the current hardship was not created by the applicant;
3. the variance requested appears to be within the spirit, intent and purpose of the zoning
regulations; and
4. granting the variance will not injure or result in an injustice to others.
NOW THEREFORE, BE IT RESOLVED that the owner’s request for a variance is hereby approved
for the property located at East Railroad Street further described as follows:
Lots 2B, 2C, and 2D, Block 1, Entrainment Park Subdivision, Yellowstone County,
Montana
BE IT FURTHER RESOLVED, pursuant to the variance, the Property Owner may disregard the
buffreyard requirement, sight-obscuring fence requirement, and building design standards for the property
described herein; and
BE IT FURTHER RESOLVED, that the variance is approved subject to the following conditions:
1. Property Owner shall ensure dust and gravel control measures are in place to keep road
debris off of public right of way.
2. The lot and landscaping must be kept free of weeds as per the City of Laurel Weed
Management Plan.
3. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed
and/or anchored to the ground.
4. The proposed pipe rail fencing must not become an eye sore due to lack of regular
maintenance and/or repair.
Introduced at a regular meeting of the City Council on March 10, 2020 by Council Member
_________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana this 10th day of
March 2020.
APPROVED BY THE MAYOR this 10th day of March, 2020.
CITY OF LAUREL
_____________________________
Thomas C Nelson, Mayor
ATTEST:
________________________________
Bethany Langve, Clerk/Treasurer
APPROVED AS TO FORM:
________________________________
Sam S. Painter, Civil City Attorney
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City-County Planning Variance Request
01/31/19
EEC, Inc.
406.839.9151
www.eecmt.com ENGINEERS • ARCHITECTS • SURVEYORS • BUILDERS Page 1 of 3
720 Lohwest Lane
Billings, MT 59106
Laurel City-County Planning Board
115 W. First Street
Laurel, MT 59044
RE: City-County Planning Variance Request: Items #1-5
To whom it may concern,
Enclosed you will find completed, all the information required for our submittal to be considered for review
and recommendation by the Laurel City-County Planning Board.
1. We met with the City Planner on 01/14/2020, to discuss this project/variance and provided a map of
property owners within 300 feet of the property, see attached.
2. See attached 11x17 (Half-Scale) drawings, which includes all existing and proposed structures and
proposed variance measurements. 9 sheets: C101, A101, A102, A201, A202, and four concept
renderings.
3. See the provided set of three mailing labels for each surrounding property owner within the 300 feet.
4. With the following four proposed variance measures, we provide a detailed justification referring to
the Laurel Municipal Code Chapter 17.60.020.
a) Reference Section 17.26.052 Development Standards – B. Building Design Standards which
states “All buildings shall be completed on all sides with one of the following finishing
materials: …architectural concealed fastener metal panels.”
The material under review for this variance request is an exposed fastener PBR metal panel
siding, see attached Exterior Elevations sheets A201/A202 for full scope. We are proposing
leaving the architectural concealed fastener metal panels around the public
frontage/entrance base as detailed, which meet the requirements set for under the Building
Design Standards. However, at the shop we are proposing an exposed fastener PBR metal
panel siding that does not meet the “concealed fastener” standard and one exception of the
corrugated metal siding above the wainscot accenting the main/side entrances. The change
in materials/texture allows the design to create a sense of hierarchy that helps to define the
entrance with more detail and direct visitors. This design approach does in our view meet
the spirit or intent of the standard set forth. Based on the Laurel Municipal Code Chapter
17.60.020 #5, we believe the requested variance “would be within the spirit, intent, purpose
and general plan of this title” and #6 the requested variance “would not affect adversely or
injure or result in injustice to others.”
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City-County Planning Variance Request
01/31/19
EEC, Inc.
406.839.9151
www.eecmt.com ENGINEERS • ARCHITECTS • SURVEYORS • BUILDERS Page 2 of 3
720 Lohwest Lane
Billings, MT 59106
b) Reference Section 17.26.054 Landscaping Standards – B. Landscaping Standards which
states “1. Bufferyard Requirements. All commercial/Industrial land uses are required to place
a bufferyard (landscaping strip) adjacent to and along the length of I-90…” Furthermore, it
states “…The number of trees and shrubs required per one hundred feet of frontage: (1)
Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs…”
The material under review for this variance request item is a proposed 25’-0” Bufferyard that
meets the landscaping standard, however, does not provide the required five trees or ten
shrubs per one hundred feet of frontage, see attached Site Plan sheet C101 for full scope.
We have taken this direction after meeting with the City on a recent project, with the
realization that there is an existing Sanitary Sewer line that runs directly under the bufferyard,
the full extent of frontage on this property. It was clear that the City was not in favor of
putting trees nor shrubs directly above this existing line, under any circumstance. We feel
the same, it would be a design flaw and future maintenance issue. Please note, in addition
to the proposed landscaped bufferyard we are proposing 25’-0” more landscaped area as
part of a stormwater detention, this adds to the interstate buffer zone. Based on the Laurel
Municipal Code Chapter 17.60.020, we believe the requested variance meets requirement #2
“Unless the grant relates to a condition or situation special and peculiar to the applicant;” the
existing location of the Sanitary Sewer line running directly under the bufferyard creates that
special situation/condition.
c) Reference Section 17.26.052 Development Standards – B. Additional Provisions for
Commercial Uses, which states “1. Storage of Merchandise. Any permitted storage of
merchandise outside an approved building shall be within an area enclosed with a sight
obscuring fence at least six feet in height that is architecturally compatible in color and
design with the building. However, promotional displays, vehicle sales lots and plant
materials may be displayed outside of an approved building or enclosed area so long as they
are placed appurtenant to a building wherein the business displays the bulk of its goods for
sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and
displayed merchandise shall not include any used equipment. Bufferyards or required
landscaping shall not be used for the displaying of merchandise.”
The material under review for this variance request item is leaving in place the existing
barbwire and 6’ chain-link fencing with barbwire above, in replace of a site obstruction fence.
Additionally, we propose a 5’ pipe rail fence and gate facing East Railroad Street, that fits the
western rural aesthetic of the area and the products supplied and sold on-site, see attached
Site Plan sheet C101 for full scope. Laurel Trading Post is the leading provider of Trailers,
Parts, and Service in Montana and offers a large selection of trailers, horse trailers, livestock
trailers, flatbeds, construction, car trailers, cargo trailers, associated parts, and more. It is
key for the public to have full visibility to Laurel Trading Post’s merchandise available for
sale. The intent of the proposal is that all sale merchandise for display along interstate I-90
will be outside an approved building and enclosed in the yard area appurtenant to the
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LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Variance – EEC Inc. and Gregory Haux (Laurel Trading Post)
DATE: February 25, 2020
DESCRIPTION/LOCATION:
DESCRIPTION/LOCATION:
Gregory Haux of the Laurel Trading Post submitted a request for four variances to LMC Chapter 17.26 –
Community Entryway Zoning District and Chapter 17.27 – SE 4th Street Overlay District. The affected
property is located on East Railroad St. at a currently unassigned address. The parcel is zoned Highway
Commercial and is within the Community Entryway Zoning District and SE 4th Street Overlay District. The
applicant is requesting variances to disregard the bufferyard requirement, sight-obscuring fence
requirement, and building design standards.
STAFF FINDINGS:
Applicant Data:
Owner: Gregory H. Haux
Legal Description: ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 2B, 2C, & 2D
Address: E. Railroad St.
Parcel Size: 4.99 Acres
Existing Land Use: Field
Proposed Variance: Design standards and landscaping standards within the Community Entryway
Zoning District and SE 4th Street Overlay District.
Existing Zoning: Highway Commercial
Surrounding Land Uses:
North: Zoning: Heavy Industrial Land Use: Railroad
South: Zoning Interstate Highway Land Use: Interstate Highway
East: Zoning Highway Commercial Land Use: Midway Rentals
West: Zoning: Highway Commercial Land Use: Fiberglass Structures Inc.
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1. The variance application packet is attached and contains the application form, application
cover sheet, detailed justification letter, fee receipt, a site plan, building design plans, and
the public notice.
2. The application is requesting three variances to LMC 17.26 – Community Entryway Zoning
District including:
a. 17.26.052 Development Standards Part B: Building Design Standards, Number 1,
b. 17.26.052 Development Standards Part C: Additional Provisions for Commercial Uses,
c. 17.26.054 Landscaping Standards part B.1: Bufferyard Requirements.
3. The application is requesting a variance to LMC 17.27 – SE 4th Street Overlay District
including:
a. 17.27.060 Building Design Requirements, Part A.
4. LMC 17.26.052 Part B states:
1. All buildings shall be completed on all sides with one of the following finishing material: brick,
fluted block, colored textured block, glass, stucco, architectural concealed fastener metal
panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed
seam metal buildings shall be prohibited unless covered with an acceptable finishing material.
5. LMC 17.26.052 Part C States:
1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building
shall be within an area enclosed with a sight obscuring fence at least six feet in height that is
architecturally compatible in color and design with the building. However, promotional
displays, vehicle sales lots and plant materials may be displayed outside of an approved
building or enclosed area so long as they are placed appurtenant to a building wherein the
business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt
from the enclosure of plant materials, and displayed merchandise shall not include any used
equipment. Bufferyards or required landscaping shall not be used for the displaying of
merchandise.
6. LMC 17.26.054 Part B States:
B. Landscaping.
1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a
bufferyard (landscaping strip) adjacent to and along the length of I-90, First Avenue
North, or First Avenue South on which the use fronts. Such landscaping buffer shall
extend from the edge of the public right-of-way. Placement and landscaping design shall
be at the discretion of the developer, and the required trees and shrubs may be
clustered to enhance the view of the property from the public right-of-way as long as
such uses conform with Section 17.26.052(C) of this code. A local design professional or
local nursery must be consulted for assistance with the development of the landscape
design. The use of native, drought-tolerant plant material is strongly encouraged.
Evergreen trees are encouraged for bufferyards, and canopy trees are encouraged for
parking areas. The planting of trees should be done in such a manner as to provide
maximum solar efficiency throughout the site.
a. The developer shall have the option of one of the following three bufferyards.
Bufferyard depth is measured from the property line adjacent to the public right-of-
way inward. Any buffer area which overlaps another buffer area shall be subtracted
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from the total to avoid double counting. The number of trees and shrubs required is
per one hundred feet of frontage:
(1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs
(2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs
(3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs
7. LMC 17.27.060 – Building Design Standards, Part A:
A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life.
The materials to achieve a rustic western appearance are required. Buildings shall be finished
with a minimum 40 percent half log and/or rock accents on the front façade.
8. The applicant and staff discussed 17.26.052.B and the significant design and building costs
and opportunity costs to future business operations if the Community Entryway Zoning
District codes are fully enforced as compared to similar businesses that currently exist
within the same districts. The proposed design incorporates frontage and façade details
and changes in materials and textures to keep with a rustic western aesthetic.
9. In regard to 17.26.B.1, there currently exists a sanitary sewer utility line running along the
southern boundary of the property which would present serious future maintenance
issues and conflicts with established City of Laurel Public Works standards if a bufferyard
was constructed as per code.
10. 17.26.52.C.1 requires a sight obscuring fence for businesses storing merchandise outside of an
approved building. The applicant states that the facility will utilize a secure 6’ chain link fence
topped with 1’ of barbed wire along existing frontage and install a 5’ pipe rail fence to secure
merchandise while simultaneously allowing highway traffic to view merchandise stored on site as
well as maintain a rustic aesthetic.
11. The Highway Commercial District was established to cater to the tourist, traveler,
recreationist, and general traveling public. Requirements to block highway-focused
businesses from marketing merchandise goes against the stated goal of the district.
12. Upon submittal it was found that the request for variance to 17.27.060 Part A was applied for in
error. A variance is not required for this code as the property is not located directly on SE 4th
Street as per 17.27.060 Part B.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and make determinations on variances through Laurel Municipal
Code (LMC) Chapter 17.60.020:
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such
land use variances from the terms of the zoning ordinances as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the provisions of the
ordinances or regulations will result in unnecessary hardship, and so that the spirit of the
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ordinances shall be observed and substantial justice done. The zoning commission shall, after a
public hearing, make a recommendation to the mayor and council concerning the land use
variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this
title;
6. Unless the variance would not affect adversely or injure or result in injustice to others;
and
7. Ordinarily unless the applicant owned the property prior to the enactment of this title
or amendment.
STAFF SUGGESTED CONDITIONS:
If the City Council recommends approval of the variance, the following conditions are suggested:
1. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or
anchored to the ground.
2. The proposed pipe rail fencing must not become an eye sore by way of lack of maintenance
and/or repair.
3. Ensure dust and gravel control measures are in place to keep road debris off of Public right of
way.
4. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management
Plan.
PROCEDURAL HISTORY:
• Gregory Haux and Chuck Henrichs and Kevin Lundin of Eggart Engineering and Construction (EEC
Inc.) met with the City Planner, Building Official, and Public Works Director to discuss the
situation, receive comment from city staff, and understand the process to apply for a variance.
• The variance application packet was received on January 31, 2020 by the Planning
Department.
• A public hearing for the variance request is scheduled to take place at the Laurel City -
County Planning Board on February 26, 2020 at 5 :35PM.
• A public hearing for the variance request is scheduled to take place at the Laurel City -
Council Meeting on March 10, 2020 at 6:30PM.
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Item Attachment Documents:
15. Resolution No. R20-11: Resolution Awarding Knife River The Contract For The City Of
Laurel’s East Downtown Infrastructure Improvements Project And To Authorize The Mayor
To Sign All Required Contract And Related Documents On The City’s Behalf.
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R20-11 Award East Downtown Infrastructure Improvements Project – Knife River
RESOLUTION NO. R20-11
RESOLUTION AWARDING KNIFE RIVER THE CONTRACT FOR THE CITY OF LAUREL’S
EAST DOWNTOWN INFRASTRUCTURE IMPROVEMENTS PROJECT AND TO AUTHORIZE
THE MAYOR TO SIGN ALL REQUIRED CONTRACT AND RELATED DOCUMENTS ON THE
CITY’S BEHALF.
WHEREAS, the City of Laurel planned and publicly advertised the project known as the East
Downtown Infrastructure Improvements Project, and the City received responsive bids from qualified
contractors; and
WHEREAS, the City’s Engineers, KLJ, and City Staff considered the bids received and recommends
the City Council award the project and that the award and contract is in the City’s best interest; and
WHEREAS, Knife River submitted a bid of $2,487,572.50 and both KLJ and the City Staff have
determined that accepting the bid is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that
the City has followed its procurement policies and state law requiring competitive bidding; and
BE IT FUTHER RESOLVED the City Council hereby awards the project to Knife River for its
submitted bid price of $2,487,572.50. The Mayor and City Clerk are authorized to sign all necessary
documents, agreements or contracts on the City’s behalf consistent with this resolution.
Introduced at a regular meeting of the City Council on March 10, 2020, by Council Member
______________.
PASSED and APPROVED by the City Council of the City of Laurel this 10th day of March 2020
APPROVED by the Mayor this 10th day of March 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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Item Attachment Documents:
16. Resolution No. R20-12: A Resolution Of The City Council Amending Policies And Procedures
For The Laurel Cemetery.
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R20-12 Cemetery Policies and Procedures
RESOLUTION NO. R20-12
A RESOLUTION OF THE CITY COUNCIL AMENDING
POLICIES AND PROCEDURES FOR THE LAUREL CEMETERY.
WHEREAS, the Laurel Cemetery Commission has considered and prepared policies and
procedures for the control and management of the Laurel Cemetery, which regulations are set forth
in Exhibit A, attached hereto, and
WHEREAS, the Laurel Cemetery Commission is recommending that the City Council
adopt these amended policies and procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the policies and procedures recommended by the Laurel Cemetery Commission and
set forth in Exhibit A, attached hereto and by this reference made a part hereof, are hereby adopted
as the Laurel Cemetery Policy & Procedures, and shall be the regulations for the control and
management of the Laurel Cemetery.
Introduced at a regular meeting of the City Council on March 10, 2020, by Council Member
____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 10th day of
March 2020.
APPROVED by the Mayor this 10th day of March 2020.
CITY OF LAUREL
_____________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
_______________________________
Sam Painter, Civil City Attorney
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POLICY & PROCEDURES
for the
City of Laurel Cemetery
Laurel, Montana
Passed and Approved by the City Council
Resolution No. R20-__
Adopted on March 3, 2020
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1. CITY POLICY
a. The City of Laurel has sole jurisdiction and overall responsibility for the policy,
procedures, budget and operations of the Laurel Cemetery. The City shall ensure the
Laurel Cemetery is maintained in an honorable and dignified manner to perpetually
memorialize the deceased persons.
b. The City of Laurel Public Works Department is responsible for the operation,
maintenance, and opening /closing of the graves for the cemetery.
c. The City Clerk’s office is responsible for the collections of monies for plots and
opening /closing of the graves.
d. Cemetery Hours: The Laurel municipal cemetery shall be closed to the public on each
day from sunset to seven a.m. No person shall enter or remain on cemetery grounds
during hours of closure without prior approval from the cemetery commission. (LMC
2.84.110)
e. Dogs or other pets are not allowed on cemetery grounds except for guide dogs of the
legally blind.
f. Recreational activities are not allowed on cemetery grounds including the consumption of
alcohol or the use of illegal drugs.
g. Vehicle traffic is limited to five (5) m.p.h. and must stay on designated cemetery roads.
h. The City is not responsible for the theft or loss of personal belongings.
2. CEMETERY COMMISSION
a. The commission consists of seven members. One member of the commission shall be the
duly elected, qualified acting mayor of the city. Six remaining commission members
shall be appointed by the mayor and approved by the council as follows: Two members
shall be duly elected, qualified and acting alderpersons of the city; two members shall
reside within the city limits; and two members shall reside at large in Yellowstone
County. The term of office of each member shall be two years or sooner, as specified in
the mayor’s appointment and until his/her successor is appointed and qualified. Any
vacancy shall be filled by appointment for the unexpired term. (LMC 2.84.010)
b. Control and manage all things pertaining to the city cemetery. (LMC 2.84.020)
c. The commission shall adopt rules and regulations for the control and management of the
cemetery, which rules and regulations shall be established by resolution of the city
council; and which may be changed or amended from time to time by resolution of the
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city council as recommended by the commission and as the council may deem
appropriate. (LMC 2.84.020)
3. INTERNMENT
a. Hours of internment; Monday through Friday from 9:00 a.m. to 43:00 p.m., Saturdays
from 9:00 a.m. to 12 p.m. at overtime rate. Graveside funerals will not be scheduled after
3:00 p.m. No Sunday or holiday burial unless for religious reasons.
b. Outer burial containers required for adult and baby casket burials. No outer burial
container is required for ashes. We do not handle vaults; this is handled by private
companies. Our minimum outer container requirement is fiberglass.
(1.) Outer burial container materials allowed: concrete, polyguard with base,
or fiberglass with base.
(2.) A vault will protect the casket and prevent a cave-in of the ground, if there is
deterioration of the casket.
c. The City of Laurel reserves the right to require a minimum of 48 hours notice for burials.
d. No person other than City authorized personnel shall excavate a gravesite unless
authorized by the Mayor or his designee.
e. The City of Laurel would encourage funeral directors to limit the internment time at the
graveside to one-half (½) hour to facilitate the caretaker’s work.
f. A maximum of three burials are allowed in one plot. If there is a full burial, it must be
first, and then two cremains are allowed on top. If there is no full burial, three cremains
are allowed in one lot. In all cases, only one headstone and one foot stone per lot.
g. The man is generally buried to the south, and the woman is buried to the north, but this is
the preference of the individual.
h. Bodies are placed in the grave with the head on the west end of grave.
i. Typically cremains are buried at the head of the grave and at the foot of the grave, unless
a family prefers a different arrangement.
4. HEADSTONES
a. All headstones and footstones must be made of either granite, marble or bronze. No
other materials are allowed.
b. A maximum of two markers per lot, one headstone and one footstone.
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c. The City does not install headstones or footstones and requires prior notification of the
placement of these monuments by calling the PWD at (406) 628-4796.
d. The City is not responsible for the repair or replacement of headstones, footstones, or
monuments from damages due to theft or vandalism.
e. Headstones are placed at the head of the grave and may be read from either the east or
west, at the discretion of the individual. Generally they are placed, as when reading
them, when standing behind the head of the grave in a walkway, looking at the grave in
front of you.
(1.) Where plots and lots have been previously started, the markers will be in
accordance with the stones that have been previously placed.
(2.) Markers for unopened sections will be decided upon at the time the section is
opened for burials.
(3.) Bevel style or flat markers are required in the following sections and all
subsequent sections: Section B, Section G, Section H, Section J and Section O.
(4.) Section B, Section J, and all new sections have rebar markers on both sides to
identify the front alignment of each grave row. Contractors setting foundations
for headstone and markers are required to use the alignment established to set,
when placing all concrete work. The front edge of the stone must line up with the
established alignment. Concrete foundations may project into the walkway by
eight inches.
f. Single Headstone
(1.) Marker must be at least 24" long and no more than 30" long.
(2.) Marker width shall be at least 12" and no more than 14" wide.
(3.) Marker height for bevel style shall be at least 6" but no more than 8" in back,
sloping to the front.
g. Double Headstone
(1.) Marker must be at least 42" long and no more than 68" long.
(2.) Marker width shall be at least 12" and no more than 14" wide.
(3.) Marker height for bevel style shall be at least 6" but no more than 8" in back,
sloping to the front.
h. Baby Headstone – Baby Section K
(1.) Lot is 3' wide by 5' long.
(2.) Marker must be at least 18" long and no more than 20" long. (The most common
baby size is 10" x 20".)
(3.) Marker width shall be at least 10” and no more than 14" wide.
(4.) Foundation regulations are the same as for other stones with a minimum 8" collar
of cement.
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5. VETERAN’S SECTION - MARKERS / GRAVE INFORMATION
a. The white upright marble veteran headstone is only allowed in the designated veteran
sections, Section C and Section J. Veteran footstones, made of granite or bronze, are
placed in other sections as a footstone.
b. Foundations must follow regulations for single markers regarding length, width and
depth of concrete.
c. The cremains of the veteran’s spouse are allowed to be buried on the veteran’s grave after
the veteran is buried (exception to this rule will be made if both the veteran and spouse
are cremation internments. A Veteran headstone must be ordered and purchased for the
spouse at the time of internment. At the time of the Veteran’s internment the spouses
headstone will be replaced with a VA supplied headstone.
d. The spouse’s name and dates of birth and death are allowed to be engraved on the back of
the stone after their death, in uniform lettering with the front of the stone, at the family’s
expense. No additional information is allowed.
e. No additional graphics are allowed to be engraved on the upright white marble stone after
placement. It voids the warranty and is considered vandalism by the military.
f. Nothing is allowed to be tied or wired onto the headstone at any time. It will be removed
and disposed of.
g. No additional marker or footstone is allowed on the grave.
6. FOOT STONES
a. Foot stones must be level with the ground and set in a proper foundation with the
minimum 8" collar of cement.
b. No floral vases allowed in foot stones.
c. The marker must be at least 24" long and no more than 30" long (exception see e.)
d. Marker width shall be at least 12" and no more than 14" wide (exception see e.)
e. Where plots and lots have been previously started, the foot stones will be in accordance
with the stones that have been previously placed in those sections
7. MONUMENTS
a. No monument shall be erected on less than two joining lots, which should be of natural
granite and not less than two and one-half feet in height. All existing monuments can
remain.
8. TEMPORARY PLAQUES
a. Some funeral homes put a temporary plaque in the dirt after the grave closing. This is not
meant to be a permanent marker.
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b. CITY’S POSITION: The City is not responsible for damage to temporary markers.
The caretaker will not remove them for maintenance. In the course of regular cemetery
maintenance (moving, aeration, etc.) it is possible that these markers could be damaged.
These markers, in no way, are considered permanent markers and cannot be cemented
into the ground.
9. FOUNDATIONS
a. All foundations must be made of concrete. No stone foundations are allowed. All
concrete work must be completed as fast as possible under the inspection of the caretaker
and materials not used, must be removed as the work is completed. All foundations shall
be as follows:
(1.) 12" depth for all monuments, with an 8” collar extending all around.
(2.) 6" depth for all headstones or markers, with an 8" collar extending all around.
(3.) The concrete must extend the full width of the grave or whatever distance is
required to connect it to an adjacent foundation.
(4.) No monument, slab, coping, curbing, hedging or enclosure of any nature will be
permitted in a single grave row.
(5.) All concrete used must meet city specifications. (4000 PSI/6.5 bag)
(6.) Substandard concrete work will be replaced at installer's expense, within an
acceptable period of time.
10. FLORAL VASES
a. Veteran Sections – Section C & Section J
(1.) Floral PVC vases will be installed in the concrete foundation of the upright white
marble stone when the stone is set.
(2.) One vase per stone installed and centered on the left (north) side, nine inches (9)
from edge of stone to center of vase.
b. Remaining Sections of Cemetery
(1.) No floral vases allowed in foot stones.
(2.) Only removable flower pot holders will be allowed to be installed in the concrete
foundation. These vases must be installed at the time the concrete foundation is
poured. (If done afterwards, there is too great a risk that it will crack the
foundation and would then require replacement of the foundation.)
(3.) The only other option for the flower vase is to re-pour the entire concrete
foundation and have the stone reset.
(4.) Vases must be placed on the north/south ends of the stone, even when using just
one vase.
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11. FLORAL POLICY - The rule of thumb is: “If it is not a flower, don’t leave it.”
a. Flowers
(1). The gravesite is allowed a maximum of two flower containers for floral
arrangements. The cost of the floral containers shall be paid by the family and/or
the estate of the deceased.
(2). Flowers are allowed at any time for placement on gravesites in the floral
containers. Flowers will be removed from gravesites when they become
unsightly. Only fresh cut flowers, artificial flowers and plants, which can be
inserted into the on-site floral containers, shall be allowed.
b. No plantings of any type are permitted on cemetery grounds or on grave sites, other than
those included in the landscape design of the cemetery. No potted plants, wreaths, flags,
shepherd hooks, emblems, or other forms of decorative articles are permitted on grave
sites, unless specifically authorized during defined holidays.
c. Grave blankets of any size are not permitted.
d. Christmas decorations and wreaths (18” in diameter or smaller) shall be permitted on
graves beginning December 15th and shall be removed by cemetery personnel no earlier
than January 15th.
e. Wreaths and/or floral arrangements are permitted the week before and week after
Memorial Day. Cemetery personnel will remove them the Monday following Memorial
Day. To honor the veterans, wreaths and arrangements are also allowed in Veteran
Sections C & J for the Veteran’s Day holiday. Cleanup of this section will be the
Monday following Veteran’s Day.
f. Flags may be placed on each veteran’s grave in Veteran Sections C and J by veterans’
organizations, only for the Memorial Day observance and will be removed at the end of
the week. Any flag found on a grave other than the Memorial Day observance will be
removed.
g. Unacceptable items are: statues, vigil lights, permanent plantings, any glass object,
commemorative items, memorabilia, pinwheels, balloons, any political affiliated items or
signs, shepherd hooks and any grave decoration over 18 inches. The cemetery does not
permit adornments which are considered offensive, inconsistent with the dignity of the
cemetery or considered hazardous to cemetery personnel; examples are beads, wires,
twine and string which may become entangled in mowers or other equipment and cause
injuries.
12. TREES, SHRUBS & GRASS
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a. The cutting, breaking of, or injury to the trees, shrubs, grass or other plantings on the
cemetery grounds are not permitted.
b. Donations may be made for purchase of trees, but may only be planted in designated
areas under the direction of the Public Works Department. The Tree Board and PWD
determine the type of trees that will be planted.
13. GENERAL INFORMATION:
a. Regular graves .............................................................................. 4' x 10'
"Walk-way" graves in old sections ……………………………… 6' x 10'
Baby graves in designated "baby sections"…………………….... 3' x 5’
Walkways between rows of graves (North/South) ……………… 6'
Cremation sections ........................................................................ 4' x 5'
b. A full grave is dug 4'x 8', starting at the foot of the grave. The remaining two feet at the
head of the grave is left undisturbed for headstone placement.
c. In the case of stillborn infants under 20 weeks gestation and no death certificate, the
following rules apply:
(1.) The city requires a minimum of a fiberglass box, minimum size of 10"xl0"x 6"
and a maximum size of 12" x12"x12".
(2.) Verification from a doctor of stillborn infant.
(3.). No activity will take place without the city's knowledge.
CONTACT INFORMATION:
City of Laurel
115 W. First Street
PO Box 10
Laurel, MT 59044
City Hall hours: Monday – Friday 8:00 a.m. to 5:00 p.m.
City Clerk’s Office - (406) 628-7431
Public Works Department – (406) 628-4796
For information and to schedule a burial, call the City Clerk’s office.
144
Item Attachment Documents:
17. Resolution No. R20-13: A Resolution Of The City Council Authorizing The Mayor To Sign A
Memorandum Of Understanding For Operation And Cost Sharing For Public Transportation
Services With The Adult Resource Alliance Of Yellowstone County.
145
RESOLUTION NO. R20-13
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A MEMORANDUM OF UNDERSTANDING FOR OPERATION
AND COST SHARING FOR PUBLIC TRANSPORTATION
SERVICES WITH THE ADULT RESOURCE ALLIANCE OF
YELLOWSTONE COUNTY.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Memorandum of Understanding ("MOU") between the City of
Laurel and Adult Resource Alliance of Yellowstone County (ARA of YC) for operation and cost
sharing for public transportation services, a copy attached hereto, is hereby approved.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute said MOU on behalf of the City.
Introduced at a regular meeting of the City Council on March 10, 2020, by Council Member
________.
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 10th
day of March 2020.
APPROVED by the Mayor this 10th day of March 2020.
CITY OF LAUREL
________________________________
Thomas C Nelson, Mayor
ATTEST:
_______________________
Bethany Langve, Clerk/Treasurer
Approved as to form:
_______________________
Sam Painter, Legal Counsel
Thompson Painter Law
R20-13 MOU Adult Resources Alliance of Yellowstone County
146
147
MEMORANDUM OF UNDERSTANDING
FOR OPERATION AND COST SHARING
FOR
PUBLIC TRANSPORTATION SERVICES BETWEEN
THE CITY OF LAUREL, MONTANA AND THE ADULT
RESOURCE ALLIANCE OF YELLOWSTONE COUNTY.
W I T N E S S E T H:
WHEREAS, the City of Laurel (City), Montana and Adult Resource Alliance of Yellowstone
County (ARA of YC) desire to work together to provide public transportation services for
residents living within a one-mile radius of the City limits; and
WHEREAS, the City intends to continue operation of an on-demand service for residents in
addition to a regularly scheduled transportation service between the City of Laurel and City
of Billings; and
WHEREAS, the City and ARA of YC desire to avoid duplicating services by coordinating
their services and establishing an ongoing process to allow cooperation in the operation of
public transportation services; and
WHEREAS, the City intends to continue operating a public transit system in FY 2020-2021
in cooperation with the ARA of YC to serve residents of the City of Laurel and Yellowstone
County; and
NOW THEREFORE, based on the above recitals, the following Memorandum of
Understanding is hereby entered into by the City and ARA of YC.
SECTION I
It is hereby agreed that the City of Laurel hereinafter referred to as "City", and Adult Resource
Alliance of Yellowstone County, hereinafter referred to as (ARA of YC), agree to jointly
participate to provide for the operation of public transportation services as described herein,
which may be altered through an amendment of this MOU. The Parties to this MOU will be
referred to as the "Parties" who acknowledge they each will share a portion of the fiduciary
responsibility for operation of the public transit system. Individual and shared responsibilities
in this effort shall be as follows:
SECTION II
1. Each Party will be responsible for reviewing the current system and any new policies
and procedures related to the provision of the public transit system including but not
limited to policies, service levels, fares, budgets, services for the disabled,
information systems, environmentally sensitive technologies and other matters of
concern. Meetings shall be scheduled as needed to evaluate the overall program and
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contents of this agreement to determine if changes are necessary to improve services
provided hereunder.
2. For the term of this MOU, the Parties will share the operation of the transit service
through the provision of services as follows:
a. City shall provide for use, one transport vehicles, a Dodge Sprinter for everyday on
demand use, with the ARA of YC bus, which is stored at the Laurel Senior Center,
being used for back-up should the Sprinter break down. The City shall provide
dispatching services through its existing staff. In addition, the City shall provide routine
maintenance for its transport vehicles and the transport vehicle owned by the ARA of
YC. Routine maintenance shall include oil changes, windshield wipers, filters, tire
rotation, and basic fluids. Each Party agrees to pay for the cost of parts and major repairs
after the State reimbursement rate for their respective vehicles. Major repairs are any
repair costing over $1000.00.
b. ARA of YC shall provide for use, one existing transport vehicle as back-up to the
Laurel Transit System, one driver and back-up drivers as needed. ARA of YC shall
utilize the City for dispatch services for purposes of scheduling on -demand service
within Laurel and for regularly scheduled rides to/from Billings.
c. The City shall assist with the currently available demand/response service as needed
and will additionally provide regular transit service between the City of Laurel and City
of Billings.
d. The City will be the recipient of all funds derived from all federal and MDT (state)
assistance or grants paid for the transit operation, along with any revenue received
through vouchers or cash, daily.
e. The City shall provide marketing and public information services on transit operations
including the preparation and distribution of timetables and another route and schedule
information.
f. The City will prepare preliminary budget estimates, productivity reports and service
summaries each year sufficiently in advance of City Council consideration to allow for
analysis and input to the Council. These documents can be used by the Local Partners
for planning in advance of the City's Recommended Annual Budget and would provide
the basis for negotiating annual service agreements.
g. The City of Laurel will reimburse the ARA of YC quarterly at the State rate of 54% of
the wage, benefits and fringe. The ARA of YC shall submit its financials to the City of
Laurel by the 15th of the month following the end of the preceding quarter reflecting
the reimbursement.
h. The current number of transit riders 60 and over is currently totaling 60% of the riders.
After the 54% reimbursement from the State the ARA of YC will reimburse the City
of Laurel for 60% of the remaining fuel charges. Unless the population of riders
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significantly changes mid-year, the fuel budget will be modified yearly.
i. Jointly implement policies and procedures that encourage the use of public
transportation.
j. Jointly implement policies and procedures that follow the City of Laurel
Transportation Program policies and procedures.
3. During the term of this agreement, the Parties may seek to add additional parties to this
agreement in order to further enhance the provision of transit services provided
hereunder. Further, the Parties may seek additional riders to expand the service.
4. The Parties will be responsible and cooperative in considering any requests for changes
in service including additional services, as well as, service reductions if financially
necessary. However, the Parties agree that this agreement requires service (service is
defined as a split between dispatch and drivers) to be provided for 40 hours per week
and no reduction in service may result in the service being offered less than 40 hours
per week.
5. The Parties shall carry over any losses from the operation of the transportation system
and incorporate such losses in the next year's budget for transit services allocating such
losses proportionately to the Parties, taking into consideration all routes provided.
6. The City will on a timely basis review and negotiate its annual contract for public
transportation services with terms in substantial agreement with the terms of this MOU.
7. The Parties shall support the operation of public transit services consistent with the
terms of this MOU and any associated annual agreements.
8. The Parties agree that there will be fares charged to customers utilizing the transit
system to off-set the cost of operation. The fares shall be reviewed as needed and
increased to reflect the costs of the system
SECTION III
1. The Parties agree that the term of this MOU shall be one year, and will auto renew each
March 10th unless terminated by either party. Either party may terminate its participation
in this MOU by giving at least 180 days written notice of termination. The termination of
the MOU will not affect the responsibilities established in any existing or future annual
operating contract for transportation services that may be in effect at that time, such as a
vanpool service, or contracts for service with public and/or private businesses within the
City of Laurel.
2. In the event of any dispute, claim, question, or disagreement arising from or relating to this
150
Contract or the breach thereof, the parties hereto shall use their best efforts to settle the
dispute, claim, question, or disagreement. To this effect, they shall negotiate informally to
resolve the dispute. If such informal negotiations are not successful, the parties s hall jointly
select a mediator to mediate their dispute within 30 days of the dispute. If they do not reach
such solution within a period of 60 days following the mediation, or if the parties cannot
agree on a mediator, then, upon notice by either party to the other, all disputes, claims,
questions, or differences shall be finally settled by arbitration administered by the
American Arbitration Association in accordance with the provisions of its Commercial
Arbitration Rules.
3. Controversy arising from this contract may result in litigation. Arbitration is not available.
This Contract shall be governed by Montana law.
4. In the event of litigation concerning this Agreement, venue shall be in the First Judicial
District of the State of Montana, Yellowstone County.
SECTION IV
1. ARA of YC understands this contract includes requirements specifically prescribed by
Federal law or regulation and does not list all Federal laws, regulations, and directives
that may apply to ARA of YC or its project. A comprehensive list of those Federal
laws, regulations and directives is contained in the current FTA Master Agreement
MA(24) at the FTA website:
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee-
resources/sample-fta-agreements/114766/fta-master-agreement-fy2018.pdf. The
clauses in this contract have been streamlined to highlight the most prevalent
regulations that govern this award, however additional Federal laws, regulations and
directives contained in the Master Agreement will apply. ARA of YC’s signature upon
this document acknowledges they have read and understand the Master Agreement.
2. No employee, officer, board member or agent of ARA of YC shall participate in the
selection, award, or administration of a contract if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when:
(1) The employee, officer, board member or agent;
(2) Any member of his or her immediate family;
(3) His or her partner; or
(4) An organization which employs or is about to employ any of the above; has a financial or
other interest in the firm selected for award. ARA of YC's employees, officers, board members
or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties of Sub-agreements.
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SECTION V
Any party to this MOU may request an amendment to the MOU by written request to the other
Party. The Parties shall meet to discuss any requested amendment within thirty days of receipt
of such request. Amendments to this MOU will be effective only after approval in writing by
all parties and subsequent City Council approval.
IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been
authorized to sign the same, the Mayor for the City as authorized by the City Council and
ARA of YC Board of Directors.
CITY OF LAUREL
_________________________________ _______________________________
Thomas C Nelson, Mayor Date
ATTEST
________________________________ _______________________________
Bethany Langve, Clerk/Treasurer Date
ADULT RESOURCE ALLIANCE of YELLOWSTONE COUNTY
________________________________ _______________________________
Bea Ann Melichar, Executive Director Date
152
Item Attachment Documents:
18. Resolution No R20-14: A Resolution Of The City Council Authorizing The Mayor To Execute
A Cooperative Purchasing Memorandum Of Understanding Between The City Of Laurel And
The Montana Department Of Administration To Allow The Purchase Supplies And Services
From Vendors At State Prices.
153
R20-14 Approve Montana Department of Administration MOU
RESOLUTION NO. R20-14
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE A COOPERATIVE PUCHASING MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LAUREL AND THE MONTANA
DEPARTMENT OF ADMINISTRATION TO ALLOW THE PURCHASE SUPPLIES
AND SERVICES FROM VENDORS AT STATE PRICES.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Cooperative Purchasing Memorandum of Understanding
(“MOU”) between the City of Laurel and the Montana Department of Administration, copy
attached hereto, is hereby approved.
Section 2: Execution. The Mayor of the City of Laurel is hereby authorized to execute
the attached MOU on behalf of the City.
Introduced at a regular meeting of the City Council on March 10, 2020, by Council
Member ____.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 10th
day of March 2020.
APPROVED by the Mayor this 10th day of March 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
154
1 Revised 07/18
COOPERATIVE PURCHASING
MEMORANDUM OF UNDERSTANDING
1. This Memorandum of Understanding (MOU) is made and entered into between the Montana
Department of Administration, ("STATE") and City of Laurel Montana, a local public procurement
unit ("LOCAL UNIT") or tribal procurement unit ("TRIBAL UNIT") as defined in section 18-4-401,
Montana Code Annotated (MCA).
Bethany Langve, Clerk/Treasurer, shall represent the LOCAL UNIT or TRIBAL UNIT in working
with this Agreement. Meghan Holmlund, of the State Financial Services Division, Department of
Administration shall represent the STATE.
2. The purpose of this Memorandum of Understanding is to permit the LOCAL UNIT or TRIBAL UNIT
to purchase supplies and services from vendors at the prices, terms, and conditions contained in
contracts between the STATE and those vendors. The methods by which the LOCAL UNIT or
TRIBAL UNIT may participate in state contracts are through the Requisition Time Schedule for
vehicles, Term Contracts, eMACS Marketplace, and Purchase Orders or Contracts established
from Invitations for Bid or Requests for Proposal.
3. It is understood and agreed that this Memorandum of Understanding is entered into pursuant to
the provisions of sections 18-4-401 through 18-4-407, MCA, and that no separate legal entity is
hereby created. In compliance with this MOU, the LOCAL UNIT or TRIBAL UNIT shall indicate
how it qualifies as a "Local Public Procurement Unit", as defined by 18-4-401(2), MCA:
☐ COUNTY
☒ CITY OR TOWN ☐ PUBLIC AGENCY ☐ EDUCATIONAL INSTITUTION* ☐ NONPROFIT HEALTH INSTITUTION* ☐ PUBLIC AUTHORITY*
☐ OTHER*
* Those organizations that are asserting qualification under these criteria must supply the STATE
with written verification that they are currently receiving public funding. Organizations that fail to
provide such verification may be rejected.
4. The STATE shall:
a. Conduct the procurement in compliance with the Montana Procurement Code, Title 18, (MCA)
and the Administrative Rules of Montana (ARM), Title 2, Chapter 5.
b. Provide the LOCAL UNIT or TRIBAL UNIT with information on all eligible Term Contracts or
Requisition Time Schedule items. All prices, terms, and conditions indicated on the listing are
valid for the period stated therein.
c. Inform vendors that the LOCAL UNIT or TRIBAL UNIT is an eligible participant in any
solicitation intended for cooperative purchasing.
d. Determine the specifications for the supplies and services.
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2
5. The LOCAL UNIT or TRIBAL UNIT shall:
a. Ensure that all local or tribal procurement requirements have been met prior to participation in
a state contract.
b. Ensure that purchase orders issued against state contracts are in accordance with the prices,
terms, and conditions established in the state contract.
c. Make timely payments to the vendor. Payment for supplies, services or taxes and inspection
and acceptance of supplies and services ordered by the LOCAL UNIT or TRIBAL UNIT shall
be the exclusive obligation of said unit.
e. Be responsible for the ordering of supplies or services.
The exercise of any rights or remedies by the local public procurement unit or tribal procurement
unit shall be the exclusive obligation of such unit; however, the STATE, as the contract
administrator and without subjecting itself to any liability, may join in the resolution of any
controversy should it so desire.
6. The LOCAL UNIT or TRIBAL UNIT agrees that it will be responsible for all disputes that may arise
between it and a vendor. The LOCAL UNIT or TRIBAL UNIT shall hold the STATE harmless from
any liability that may arise from its utilization of this cooperative purchasing Memorandum of
Understanding.
7. It is understood and agreed that the STATE may, pursuant to section 18-4-406 (3), MCA, charge
a management fee for services provided under this Memorandum of Understanding. Such fees
will not be assessed unless the LOCAL UNIT or TRIBAL UNIT has been notified.
8. The LOCAL UNIT or TRIBAL UNIT authorizes the Contractor to release any information
pertaining to a state contract when requested by the STATE.
9. This Memorandum of Understanding will take effect upon execution by both parties and shall
continue until it is terminated by giving 30 days written notice to the other party.
______________________________________________ ___________________
Thomas C Nelson, Mayor
FOR THE LOCAL PUBLIC PROCUREMENT UNIT DATE
OR TRIBAL PROCUREMENT UNIT
______________________________________________ ____________________
STATE PROCUREMENT BUREAU DATE
DEPARTMENT OF ADMINISTRATION
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3
PLEASE FILL IN THIS PORTION FOR CORRECT SHIPPING AND BILLING PURPOSES
City of Laurel
Attention: Bethany Langve
115 W 1st Street
PO BOX 10
Laurel, MT 59044
(406) 628-7431 ext 2
cityclerk@laurel.mt.gov
This agreement must be signed by a local government or tribal official and returned to:
State of Montana
State Procurement Bureau
cooppurchasing@mt.gov
157