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HomeMy WebLinkAboutCity Council Packet 08.25.2020 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, AUGUST 25, 2020 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R20-46 NEXT ORD. NO. O20-03 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 times 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 from 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 Council. 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 age nda 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 August 11, 2020. Correspondence Council Disclosure of Ex Parte Communications Public Hearing 2. Public Hearing - Street Maintenance Ordinance 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 entered through August 21, 2020. 4. Approval of Payroll Register for PPE 8/9/2020 totaling $199,604.97. Ceremonial Calendar Reports of Boards and Commissions 5. City/County Planning Board Minutes of June 24, 2020. Laurel Urban Renewal Agency Minutes of May 11, 2020. Laurel Urban Renewal Agency Minutes of June 22, 2020. Laurel Urban Renewal Agency Minutes of July 6, 2020. Laurel Urban Renewal Agency Minutes of July 20, 2020. Public Works Committee Minutes of July 20, 2020. 1 Public Works Committee Minutes of August 17, 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 Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 6. Resolution No. R20-46: A Resolution Of The City Council Authorizing The Award Of Grants From The Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program For Eligible Applicants And Improvements. 7. Resolution No. R20-47: A Resolution Authorizing The Mayor To Execute An Agreement With Dunne Communications Inc. For Police Dispatch Replacement Equipment, To Include Installation And Support. 8. Ordinance No. O20-03: An Ordinance Amending Title 12 Chapter 12.04 Of The Laurel Municipal Code Relating To The City’s Street And Sidewalk Construction And Maintenance. 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 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 2 File Attachments for Item: Approval of Minutes of August 11, 2020. 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 File Attachments for Item: 5. City/County Planning Board Minutes of June 24, 2020. Laurel Urban Renewal Agency Minutes of May 11, 2020. Laurel Urban Renewal Agency Minutes of June 22, 2020. Laurel Urban Renewal Agency Minutes of July 6, 2020. Laurel Urban Renewal Agency Minutes of July 20, 2020. Public Works Committee Minutes of July 20, 2020. Public Works Committee Minutes of August 17, 2020. 28 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, JUNE 24, 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 No quorum was present. No meeting was held. New Business Old Business Other Items Announcements 2. Next Meeting: July 22, 2020 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 29 AGENDA CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, MAY 11, 2020 11:00 AM REMOTE 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 Meeting called to ordedr at 11:01AM Daniel Klein Don Smarsh Mardie Spalinger Judy Goldsby Janice Lehman Michelle DeBoer Nick Altonaga (City of Laurel) Dianne Lehm (Big Sky EDA) Steve Simonson (Beartooth RC&D) 2. Approve Meeting Minutes: February 24, 2020 Members reviewed the Minutes from February 24, 2020 Daniel Motioned to approve the Minutes from February 24, 2020 Mardie Seconded Motion Carried. 3. Big Sky EDA and Beartooth RC&D Updates Dianne Lehm of Big Sky EDA was online for the meeting. She provided updates as to ongoing Big Sky activities. • Yellowstone County has a website https://yceconomicrecovery.org/that has all the business support information. Would be good to share with the business community. • Big Sky is assisting businesses with the open loan programs and technical support • LARC call last week was looking into the Funding sources at the Federal Level. Information is ready to send out to any interested groups • RFP is out for Rock31 Building Project • Board meeting on Thursday morning. Steve Simonson at Beartooth RC&D: • Serving on Yellowstone County recovery task force. 30 • Hired a group to create an economic linkage study for 2019. – Will allow us to measure the stages of recovery with Business As Usual/former levels of economic activity. Steve noted to Nick and Dianne that he participated in a call with EDA the week prior and will be pushing out additional funding opportunities. Opportunities included funding for workforce training, community health, emergency services, meatpacking, and tourism. • Anticipate $100,000 coming to Yellowstone county for planning services. Pryor Mountain Wind Project • Still moving forward, about • Approximately 100 Mortensen workers down there recently. • Mortensen has volunteered time to improve the Civic Center in Bridger. • Workers are preparing the batch plant for pouring concrete. Mardie questions Steve as to a 25-mile road improvement project near the Pryor Mountain project. Approximately $6 million is being used to upgrade roads in the area. Are these related? New Business 4. Discussion: Utilizing TIF Funds for Business Support Nick presented the current issue with the movie theater. Members discussed the different loans available to assist the movie theater operations/ (PPP and EIDL). Many businesses have had to make modifications to make them safer. Members discussed if the TIF District grants could be used to reimburse costs for Protective equipment/building changes for safety. Steve – Emergency Injury Disaster Laon is open at the state level through SBA – 5,600 applications went in in the first day and a half. State plans to reallocate funding to the program. Nick will review the MCA for utilizing TIF funding and if there are any opportunities for this current situation. Applications for emergency upgrades could include a narrative of the issues faced and the types/sources of support already sought out. Dianne – would suggest people having troubles to contact Steve Simonson or Dianne or her other colleagues at Big Sky EDA. They have a lot of resources and are there to help. 5. Discussion: Economic Recovery Activities Nick notified the Board that he has been active with weekly calls with the Economy Recovery Task Force organized by Big Sky EDA and is now part of the subcommittee for Recovery Plan development. Wanted anyone who had thoughts on these aspects to contact him to then pass them on to the group. • Steve added that it was made explicit that the major goal was that we need to have a healthy community. 6. Discussion: Large Grant Program Update 31 Nick notified the board that he had not received many Large Grant Applications thus far. Members discussed the situation and if the deadline could be extended to include more. Members also discussed if the Board could include the TIF District match for projects, maybe 2:1 instead of 1:1? There might need to be a few modifications to ensure that the funds can be helpful during this time. Don mentioned that businesses are being hit and putting off projects until they are more stable. Daniel asked if maybe LURA or the City could do some mobilizing to update our programs to better serve businesses (higher reimbursement, local contracting, etc.) 7. Discussion: Small Grant Program Update Nick was not able to review the Mountain Land Rehabilitation small grants application in depth prior to the meeting. The Grant will be put on the next agenda to ensure it is accurate and eligible. Old Business Other Items Members discussed the eligibility of handwashing stations or building washing/sanitizing. Big Sky assisted with the Billings Chamber and the “open and safe” campaign that is currently being rolled out. Would be great to get Laurel businesses involved. Michelle mentioned that Red Lodge has portable handwashing stations on their blocks downtown. Could be a good use of LURA funds to purchase similar stations for Laurel. 8. Budget Nick presented the budget. He can check with the Clerk and see what has been allocated for the EDII project out of the total TIF Budget. Announcements Daniel motioned to adjourn the meeting. Mardie Seconded Meeting Adjourned at 11:45AM 9. Next Meeting: TBD Tentative date set for May 18 2020 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 Offic e 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 32 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, JUNE 22, 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 Daniel Klein Janice Lehman Don Smarsh Judy Goldsby Dean Rankin (arrived at 11:15AM) Nick Altonaga (City of Laurel) Steve Simonson (Beartooth RC&D) The chair called the meeting to order at 11:04AM 2. Approve Meeting Minutes: May 11, 2020 Members reviewed the meeting minutes from May 11, 2020. Daniel motioned to approve the meeting minutes from May 11, 2020. Don Seconded. Motion Carried. 3. Big Sky EDA Update Dianne Lehm from Big Sky EDA emailed the Board that she would be out of town. She provided some details available The Chair read off details from Dianne’s email. Economic Recovery Task Force is ongoing, and includes subcommittees on: • Response, coordination, and communication • Economic impact assessment • Strategic restart partnership • Recovery planning Economic recovery plan will be released in draft form this week. The website yceconomicrecovery.org has details available on the plan, resources, and funding from state and federal sources. Big Sky EDA is always available for technical support and any questions from businesses and stakeholders. 4. Beartooth RC&D Update 33 Steve Simonson from Beartooth RC&D was present fro the meeting. He remarked that the public meeting phase has begun for the draft Recovery Plan. Beartooth RC&D has submitted $400,000 grant request for economic recovery planning including $200,000 for technical support for recovery plan preparation, $100,000 for regional economic development, and $20,000 for operations support for Beartooth RC&D. Grant and loan funds are available through Beartooth RLF. Currently doing gap financing for organizations. Bridger Wind Project- Concrete has been poured and bases are going up. Hoping to do a tour this fall depending on COVID019 situation. Pictures of the project are up on the Beartooth website. Daniel had a question for Beartooth – Where does the RLF gap financing come from? • CDBG- Allows us to relend those sources • EDA • USDA Rural Development Nick added that the Public comment period will include Laurel City Council, Laurel Chamber of Commerce, and LURA. He wants to ensure Laurel has a say in the Recovery Plan. Steve hopes that we can keep the number of business closures down through proper reopening and safety precautions. New Business 5. Small Grant Application: Dragon Palace Members discussed the general small grant for the Dragon Palace. Daniel Motioned to approve $3,575 for the General Small Grant application for the Dragon Palace Don Seconded. Motion Carried. 6. Small Grant Application: Ron Seder - 119 W. Main St Discussion of Ron Seder multiple grant request. Technical Assistance and Facade Grant. Don Motioned to approve technical assistance grant at $1,914 for the project at 119 W. Main St. Dean Seconded. Motion Carried. Daniel motioned to approve $9,000 for the facade grant for the project at 119 W. Main St. Don Seconded. Motion Carried. 7. Small Grant Application: Nancy Rutt - 511 W Main St Sign Don motioned to approve $3,000 to Nancy and John Rutt for the Kwiki Car Wash sign. Daniel Seconded. 34 Motion Carried. Old Business 8. Small Grant Application: Mountain Land Rehab Review of Mtn Land rehabilitation grant requests (technical assistance, façade, signage, general small grant). Members discussed the splitting of costs and categorizing the different invoices that were provided with the application. Daniel Moved to approve $2,400 for the Technical assistance grant request Don seconded. Motion carried. Don motioned to approve $3,345 for the Façade grant request. Dean Seconded. Motion Carried. Daniel Motioned to approve $2,540 for the Signage grant request. Don Seconded. Motion Carried. Don motioned to approve $985.00 for the General Small Grant request. Daniel Seconded. Motion Carried. Other Items 9. Small Grant Application – Shaun Jones – 101 W. Main St. Members discussed the façade grant application for 101 W Main Street. Members discussed how the costs were split between Dean motioned to approve $6,000 for the Façade grant request for the Project at 101 W. Main St. Don Seconded. Motion carried. 10. FOE Grant Extension Request Nick presented the letter provided by Marvin Carter of the Eagles to extend their grant request. Had not been able to line up an artist for their proposed mural on their building due to the COVID-19 pandemic. Don motioned to extend the FOE Eagles grant request for an additional year (June 2021). Daniel Seconded. Motion Carried. 11. Large Grant Meeting Scheduling 35 Nick presented the current 2020 Large Grant Application Spreadsheet. Members had a general discussion of the grants and scheduling a meeting. It would be best to have a separate meeting as Nick did not include copies of the large grants with the agenda packet due to meeting constraints. Members discussed whether residential buildings/uses should be allowed to apply for funding for the TIF District grant programs. Are there options for them to apply for HUD funding? Judy mentioned that HUD has funding available for residential revitalization. Nick remarked that if a property is within the TIF District and their project is focused on improving the property, then it is eligible for funding. Nick remarked that the TIF District funding exists to make improvements to properties, structures, and services within the district to increase district property values. There is no mechanism to block residential properties from these funds. TIF District funds are not solely for commercial properties. 12. LURA Big Projects Discussion Nick presented the fact that LURA should think about funding a few other big projects in order to use some of the funding that has been saved up over time. Cities and towns anticipate the state legislature will target TIF Districts to regain those funds. The Lighting District would be a great project to finalize. Dean discussed the need to address downtown Laurel and boost its visibility. Could utilize the previously established landscape and downtown master plans for ideas and a way forward. • Lighting District • Streetscape plan implementation • Signage/marketing Members discussed how to possibly enliven downtown Laurel. They presented the previous plans such as a water fill station on the south side of Main Street and other unfinished projects. Dean discussed the case of Phillipsburg, MT which has made improvements to their downtown that have revitalized it and is now thriving. Phillipsburg reused their vacant structures and other assets downtown. Major comments and questions for us going forward: • We need to give people a reason to come to downtown Laurel. • What will attract people to the downtown area from Laurel and Billings? • We need local owned businesses • How do we create an atmosphere that people will want to be in and that their business can survive in? How do we build critical mass? Dean discussed the proposed LARC facility and how it could benefit from being located within a neighborhood. Proposed that tey should investigate a reuse for the old Middle School Gym. 13. Budget Review Announcements 36 12. Next Meeting: July 6, 2020 – Large Grant Committee, 10:00AM Meeting Adjourned at 12:32PM 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 Fi rst Street, Laurel, Montana. DATES TO REMEMBER 37 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY LARGE GRANT COMMITTEE MONDAY, JULY 06, 2020 10:00 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 The Vice-Chair called the meeting to order at 10:09AM Janice Lehman Mardie Spalinger Don Smarsh Dean Rankin Daniel Klein (Arrived at 10:15AM) Nick Altonaga (City of Laurel) Richard Herr (City Council) 2. Approve Meeting Minutes: June 22, 2020 Mardie motioned to approve the minutes from June 22, 2020 Don seconded. Motion Carried. 3. Large Grant Spreadsheet 2020 Ken Olson from the MT State Firefighters Memorial Committee was present at the meeting to discuss his grant application. The work was completed last year. Part of the current request was split between other matching grants. The memorial has been working to keep the site updated with the names of firefighters and has been in touch with firefighting families across the state. Ongoing landscaping and insurance are the main funding requirements. Ken has been active with state firefighting groups for possible grants and other funding sources. He has also been working with The Front Porch to hold events and work together to make events successful. An award of the large grant would be very helpful moving the project to near completion. The current grant purposes are eligible, but Nick will go back and review the previously approved Large Grants to ensure that one was not previously awarded. Members went through and discussed the Different grant applications in order. Lorna Coburn had previously attempted to apply in 2018 but was turned away due to the amount of existing applications. Was suggested to reapply in 2020 to receive a proper return on investment. Everything appears eligible. 38 Darrell Dyer’s application for W. 1st St. looks very promising for the district. Could yield great returns for the TIF District and Downtown. Linse family project at 20 Idaho Ave. Have done a full overhaul of renovating the property. Currently a rental and small commercial use run out of it. Nick provided a packet of photographs of the completed work. The Miller application for 201 E Main St. is ineligible for grant funding as it previously received funding from the Large Grant Program in 2018. Miller application for 403-407 E. Main St. was under discussion. The project was recently completed. Members thought the project looked good. Members reviewed the Ron Seder application for 119 W. Main St. Nick provided a packet of photographs to support the application of the work that has been ongoing since 2019. The previous owner of the property had received a technical assistance grant to plan for upgrades. Members discussed how the building has needed renovation and has been derelict since the early 1980s. Discussion of Shaun Jones ‘application for 101 W. Main St. A centrally located, historic property that is deserving of the work and the grant funding. Window replacement is eligible under the Large Grant Program. Discussion of Sarah Kuhr’s application for the Front Porch roof replacement. Members discussed how they are very community minded. The roof replacement is eligible. New Business 4. Large Grant: Coburn Tax Services 5. Large Grant: Linse Family - 20 Idaho Ave 6. Large Grant: Darrell Dyer - W. 1st St. Development 7. Large Grant: Millers - 201 E Main St. 8. Large Grant: Millers - 403-407 E Main St. 9. Large Grant: Ron Seder - 119 W. Main St. 10. Large Grant: Sarah Kuhr - The Front Porch 11. Large Grant: Shaun Jones - 101 W. Main St. 12. Large Grant: Ken Olson - MT State Firefighters Memorial Members discussed how to adjust the grant funding. What would be the best way to get it ot the $225,000? Don established a 7% adjustment for each grant, and a further subtraction of the remainder from each grant. Daniel Motioned to approve the 2020 Large Grant applications with a proportional adjustment to meet the $225,000 program limit. Don Seconded. Unanimous vote in favor. Motion Carried. Old Business Other Items 13. Budget Review 39 Announcements 14. Next Meeting: tentatively scheduled for July 13, 2020 at 11:00AM. Don Motioned to adjourn the meeting. Daniel Seconded. Meeting Adjourned at 11:20AM. 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 40 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, JULY 20, 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. The Chair Called the meeting to order at 11:00AM 1. Roll Call Mardie Spalinger Don Smarsh Daniel Klein Judy Goldsby Nicholas Altonaga (city of laurel) Ken Olson Richard Herr Brief discussion on marking down if members are absent in the meeting minutes. Nick received emails from Michelle and Janice that they would be absent for this meeting. General Items 2. Approve Meeting Minutes: July 6, 2020 Board members reviewed the meting minutes from July 6, 2020. Daniel Motioned to approve the Minutes from July 6, 2020. Don Seconded. Motion Carried. 3. Big Sky EDA Update Dianne was not present for this portion of the agenda. 4. Beartooth RC&D Update Steve Simonson from Beartooth RC&D was not present for the meeting. Chair moved the Discussion on the Large Grant Program up in the agenda. Nick discussed the current situation and the need to update the previously approved spreadsheet. 41 Ken Olson of the MT State Firefighters Memorial Park was present. He wanted the board to know that he was unaware that they had previously received a grant. It had been two years and it had slipped his mind. He will be sure to check the status of grants and eligibility prior to submitting applications in the future. The application of the 2020 Large grant was not intention and did not want to do anything untoward. Ken wanted to stress that the work of LURA is tremendous and has a focus on the community. He applauds the work the board has done. Don remarked that LURA values the Memorial Park project and that they are in support of the continued efforts. Nick presented the updated spreadsheet with the updated removal of the MT Firefighters Memorial grant. Members discussed the amendment. Don Motioned the amend the previously approved LURA Large Grant decision with the updated amount of $218,150.84. Daniel Seconded. Unanimous Vote in favor. New Business 5. Yellowstone County Economic Recovery Plan Presentation Nick presented the outline of the Yellowstone County Economic Recovery Plan. Diane Lehm had arrived to provide additional comment. Judy – Why are Railroad and Refineries not included in the Recovery Plan contents? • Will the loss of demand lead to lay-offs in those industries? • The question was raised about the statistics for “Leisure Activities”, what is included in that definition? • Is the economic recovery task force planning for longer term recovery? Months out? Big Sky EDA has received funding to bring on SBDC funding to employ a staff member to help track the recovery and see what the ongoing situation is. • Seeking out funding for those hardest hit industries. • Will be preparing information on this in the short term to get a better idea of the long term impacts Don asked if there are any additional programs left for people to utilize? • The Governor will most likely seek out further options to use funding. • Federal level discussions have taken place about the next round of funding. Big Sky is working on Business stabilization plans for businesses. Steve Simonson at Beartooth also has funding available through the RLF and other grants. There are also service grants through the state for non-profit institutions. 42 The VFW has been displaced from its buildings and needs assistance to meet its obligations. Other memberships organizations are in similar situations. Old Business 6. Large Grant Program Discussion Item moved up in the agenda. Other Items Judy mentioned that the Bridger Wind Farm project will be trucking turbine parts out of the Railyard for the next few weeks/month. Roads will be partially shut down to accommodate these trips. 7. Budget Review Nick will provide an updated budget at next month’s meeting. Announcements 8. Next Meeting: August 17, 2020 Meeting was adjourned at 11:34AM 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 43 44 45 File Attachments for Item: 6. Resolution No. R20-46: A Resolution Of The City Council Authorizing The Award Of Grants From The Tax Increment Financing District Funds Pursuant To The Lura Large Grant Request Program For Eligible Applicants And Improvements. 46 R20-46 LURA Large Grant Applicant Approval RESOLUTION NO. R20-46 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE AWARD OF GRANTS FROM THE TAX INCREMENT FINANCING DISTRICT FUNDS PURSUANT TO THE LURA LARGE GRANT REQUEST PROGRAM FOR ELIGIBLE APPLICANTS AND IMPROVEMENTS. WHEREAS, the City of Laurel approved a Large Grant Request Program proposed by the Laurel Urban Renewal Agency (LURA) through Resolution No. R15-08; and WHEREAS, a number of property owners prepared and submitted applications seeking grant funding through the Large Grant Request Program for their respective projects; and WHERAS, as provided in the Meeting Minutes (attached hereto and incorporated herein), the LURA Board reviewed and considered all of the applications submitted and recommends the City Council’s approval and award of large grants to the Applicants in the following amounts: 1. Coburn Tax Services: $13,185.96 2. Linse Family – 20 Idaho Ave: $25,999.38 3. Darrell Dyer – W. 1st St. Development $62,200.00 4. Millers – 403-407 E. Main Street $20,062.00 5. Ron Seder – 119 W. Main Street $44,328.50 6. Sarah Kuhr – The Front Porch $7,000.00 7. Shaun Jones – 101 W. Main Street $45,375.00 WHEREAS, all the applicants, applications and projects are eligible for grant assistance and LURA recommends approval and funding of the same in the amounts provided herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Applicants listed herein are hereby approved for large grants pursuant to the Large Grant Request Program in the amounts provided herein to be paid from the City’s Large Grant Request Program, Tax Increment Financing District Fund. Introduced at a regular meeting of the City Council on August 25, 2020, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 25th day of August 2020. APPROVED by the Mayor this 25th day of August 2020. 47 R20-46 LURA Large Grant Applicant Approval CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 48 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY LARGE GRANT COMMITTEE MONDAY, JULY 06, 2020 10:00 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 The Vice-Chair called the meeting to order at 10:09AM Janice Lehman Mardie Spalinger Don Smarsh Dean Rankin Daniel Klein (Arrived at 10:15AM) Nick Altonaga (City of Laurel) Richard Herr (City Council) 2. Approve Meeting Minutes: June 22, 2020 Mardie motioned to approve the minutes from June 22, 2020 Don seconded. Motion Carried. 3. Large Grant Spreadsheet 2020 Ken Olson from the MT State Firefighters Memorial Committee was present at the meeting to discuss his grant application. The work was completed last year. Part of the current request was split between other matching grants. The memorial has been working to keep the site updated with the names of firefighters and has been in touch with firefighting families across the state. Ongoing landscaping and insurance are the main funding requirements. Ken has been active with state firefighting groups for possible grants and other funding sources. He has also been working with The Front Porch to hold events and work together to make events successful. An award of the large grant would be very helpful moving the project to near completion. The current grant purposes are eligible, but Nick will go back and review the previously approved Large Grants to ensure that one was not previously awarded. Members went through and discussed the Different grant applications in order. Lorna Coburn had previously attempted to apply in 2018 but was turned away due to the amount of existing applications. Was suggested to reapply in 2020 to receive a proper return on investment. Everything appears eligible. 49 Darrell Dyer’s application for W. 1st St. looks very promising for the district. Could yield great returns for the TIF District and Downtown. Linse family project at 20 Idaho Ave. Have done a full overhaul of renovating the property. Currently a rental and small commercial use run out of it. Nick provided a packet of photographs of the completed work. The Miller application for 201 E Main St. is ineligible for grant funding as it previously received funding from the Large Grant Program in 2018. Miller application for 403-407 E. Main St. was under discussion. The project was recently completed. Members thought the project looked good. Members reviewed the Ron Seder application for 119 W. Main St. Nick provided a packet of photographs to support the application of the work that has been ongoing since 2019. The previous owner of the property had received a technical assistance grant to plan for upgrades. Members discussed how the building has needed renovation and has been derelict since the early 1980s. Discussion of Shaun Jones ‘application for 101 W. Main St. A centrally located, historic property that is deserving of the work and the grant funding. Window replacement is eligible under the Large Grant Program. Discussion of Sarah Kuhr’s application for the Front Porch roof replacement. Members discussed how they are very community minded. The roof replacement is eligible. New Business 4. Large Grant: Coburn Tax Services 5. Large Grant: Linse Family - 20 Idaho Ave 6. Large Grant: Darrell Dyer - W. 1st St. Development 7. Large Grant: Millers - 201 E Main St. 8. Large Grant: Millers - 403-407 E Main St. 9. Large Grant: Ron Seder - 119 W. Main St. 10. Large Grant: Sarah Kuhr - The Front Porch 11. Large Grant: Shaun Jones - 101 W. Main St. 12. Large Grant: Ken Olson - MT State Firefighters Memorial Members discussed how to adjust the grant funding. What would be the best way to get it ot the $225,000? Don established a 7% adjustment for each grant, and a further subtraction of the remainder from each grant. Daniel Motioned to approve the 2020 Large Grant applications with a proportional adjustment to meet the $225,000 program limit. Don Seconded. Unanimous vote in favor. Motion Carried. Old Business Other Items 13. Budget Review 50 Announcements 14. Next Meeting: tentatively scheduled for July 13, 2020 at 11:00AM. Don Motioned to adjourn the meeting. Daniel Seconded. Meeting Adjourned at 11:20AM. 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 51 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, JULY 20, 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. The Chair Called the meeting to order at 11:00AM 1. Roll Call Mardie Spalinger Don Smarsh Daniel Klein Judy Goldsby Nicholas Altonaga (city of laurel) Ken Olson Richard Herr Brief discussion on marking down if members are absent in the meeting minutes. Nick received emails from Michelle and Janice that they would be absent for this meeting. General Items 2. Approve Meeting Minutes: July 6, 2020 Board members reviewed the meting minutes from July 6, 2020. Daniel Motioned to approve the Minutes from July 6, 2020. Don Seconded. Motion Carried. 3. Big Sky EDA Update Dianne was not present for this portion of the agenda. 4. Beartooth RC&D Update Steve Simonson from Beartooth RC&D was not present for the meeting. Chair moved the Discussion on the Large Grant Program up in the agenda. Nick discussed the current situation and the need to update the previously approved spreadsheet. 52 Ken Olson of the MT State Firefighters Memorial Park was present. He wanted the board to know that he was unaware that they had previously received a grant. It had been two years and it had slipped his mind. He will be sure to check the status of grants and eligibility prior to submitting applications in the future. The application of the 2020 Large grant was not intention and did not want to do anything untoward. Ken wanted to stress that the work of LURA is tremendous and has a focus on the community. He applauds the work the board has done. Don remarked that LURA values the Memorial Park project and that they are in support of the continued efforts. Nick presented the updated spreadsheet with the updated removal of the MT Firefighters Memorial grant. Members discussed the amendment. Don Motioned the amend the previously approved LURA Large Grant decision with the updated amount of $218,150.84. Daniel Seconded. Unanimous Vote in favor. New Business 5. Yellowstone County Economic Recovery Plan Presentation Nick presented the outline of the Yellowstone County Economic Recovery Plan. Diane Lehm had arrived to provide additional comment. Judy – Why are Railroad and Refineries not included in the Recovery Plan contents? • Will the loss of demand lead to lay-offs in those industries? • The question was raised about the statistics for “Leisure Activities”, what is included in that definition? • Is the economic recovery task force planning for longer term recovery? Months out? Big Sky EDA has received funding to bring on SBDC funding to employ a staff member to help track the recovery and see what the ongoing situation is. • Seeking out funding for those hardest hit industries. • Will be preparing information on this in the short term to get a better idea of the long term impacts Don asked if there are any additional programs left for people to utilize? • The Governor will most likely seek out further options to use funding. • Federal level discussions have taken place about the next round of funding. Big Sky is working on Business stabilization plans for businesses. Steve Simonson at Beartooth also has funding available through the RLF and other grants. There are also service grants through the state for non-profit institutions. 53 The VFW has been displaced from its buildings and needs assistance to meet its obligations. Other memberships organizations are in similar situations. Old Business 6. Large Grant Program Discussion Item moved up in the agenda. Other Items Judy mentioned that the Bridger Wind Farm project will be trucking turbine parts out of the Railyard for the next few weeks/month. Roads will be partially shut down to accommodate these trips. 7. Budget Review Nick will provide an updated budget at next month’s meeting. Announcements 8. Next Meeting: August 17, 2020 Meeting was adjourned at 11:34AM 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 54 Funding 19-20 LURA City Council Total Available: $ 225,000.00 $ - Applicant Project Application Date Start Date Completion Date Initial Requested Amount Working Amount(50%) Approval Date1 Approval Date2 Eligibility Date Disbursed Date Awarded Amount Lorna Krueger-Coburn Coburn Tax Services - energy efficiency upgrades, water drainage repairs on north of building 3/26/2020 2/1/2019 9/1/2019 $ 26,371.92 $ 13,185.96 7/6/2020 Darrell Dyer Demolition of current single family residence and construction of mixed use buildings with 17 resdiential units and 5 commercial storefronts. Improvement of public infrastructure. 6/1/2020 8/1/2020 Winter 2020/ 2021 $ 124,400.00 $ 62,200.00 7/6/2020 Kirk and Doris Linse 20 Idaho Ave - Full remodel of interior and exterior, repair of foundations, basement; lighting replacement, HVAC upgrade, landscaping work. 6/1/2020 6/1/2015 9/1/2020 $ 51,998.75 $ 25,999.38 7/6/2020 Ken Miller and Peggy Miller 201 E. Main Street - Project completed in 2019 - Part of 2018 Large Grant Award ($17,698) - Updated Building Exterior and structural work - Is this project eligible for current round of funding? 6/1/2020 6/1/2018 5/1/2019 $ 16,059.16 Ken Miller and Peggy Miller 403-407 E. Main Street - Update to building electrical, update to building HVAC, installation of Air Scrubber Plus system. 6/1/2020 6/1/2019 5/1/2020 $ 40,124.00 $ 20,062.00 7/6/2020 Ron Seder 119 W. Main Street - Foundation replacement, replacement of old painted ceiling tiles, new sheetrock, plaster, electrical, insulation, high efficiency lighting, roof replacement 6/1/2020 10/1/2018 7/1/2020 $ 88,657.00 $ 44,328.50 7/6/2020 Shaun Jones 101 W. Main St. - Remove and Replace windows on second story of building (front, side, rear) Remove and replace awning AC on interior of structure façade. 6/19/2020 8/1/2020 10/1/2020 $ 90,750.00 $ 45,375.00 7/6/2020 Sarah Kuhr The Front Porch - Roof Replacement of currently leaking and aging roof. 6/24/2020 7/1/2020 11/1/2020 $ 14,000.00 $ 7,000.00 7/6/2020 Ken Olson MT State Firefighters Memorial - Addition of benches and archway sign, improvement of landscaping and installation of iron fence (Requested LURA funds on application is $22,422.50, which is approximately 50% of total invoice details, appears slightly below actual 50% mark) 6/25/2020 1/30/2019 12/1/2019 $ 47,845.00 7/6/2020 $ 500,205.83 $ 218,150.84 $ - LURA Large Grants 2020 55 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 56 DR Dyer 57 58 59 60 61 6 2 6 3 6 4 6 5 6 6 6 7 6 8 6 9 7 0 7 1 7 2 7 3 7 4 7 5 7 6 7 7 7 8 7 9 8 0 8 1 8 2 8 3 8 4 8 5 8 6 8 7 8 8 8 9 9 0 9 1 9 2 9 3 9 4 9 5 9 6 9 7 9 8 9 9 1 0 0 1 0 1 1 0 2 1 0 3 1 0 4 1 0 5 1 0 6 1 0 7 1 0 8 1 0 9 1 1 0 1 1 1 1 1 2 1 1 3 1 1 4 1 1 5 1 1 6 1 1 7 1 1 8 1 1 9 1 2 0 1 2 1 1 2 2 1 2 3 1 2 4 1 2 5 1 2 6 1 2 7 1 2 8 1 2 9 1 3 0 1 3 1 1 3 2 1 3 3 1 3 4 1 3 5 1 3 6 1 3 7 1 3 8 1 3 9 1 4 0 1 4 1 1 4 2 1 4 3 1 4 4 1 4 5 1 4 6 1 4 7 1 4 8 1 4 9 1 5 0 1 5 1 1 5 2 1 5 3 1 5 4 1 5 5 1 5 6 1 5 7 1 5 8 1 5 9 1 6 0 1 6 1 1 6 2 1 6 3 1 6 4 File Attachments for Item: 7. Resolution No. R20-47: A Resolution Authorizing The Mayor To Execute An Agreement With Dunne Communications Inc. For Police Dispatch Replacement Equipment, To Include Installation And Support. 165 R20-47 Dunne Communications Inc. RESOLUTION NO. R20-47 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DUNNE COMMUNICATIONS INC. FOR POLICE DISPATCH REPLACEMENT EQUIPMENT, TO INCLUDE INSTALLATION AND SUPPORT. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The agreement between the City of Laurel and Dunne Communications Inc. is accepted and approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Section 3: Effective date. The effective date for the attached agreement is hereby approved upon approval by the City Council. Introduced at a regular meeting of the City Council on August 25, 2020, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 25 th day of August 2020. APPROVED by the Mayor this 25th day of August 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 166 167 168 169 170 File Attachments for Item: 8. Ordinance No. O20-03:  An Ordinance Amending Title 12 Chapter 12.04 Of The Laurel  Municipal Code Relating To The City’s Street And Sidewalk Construction And Maintenance. 171 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance ORDINANCE NO O20-03 AN ORDINANCE AMENDING TITLE 12 CHAPTER 12.04 OF THE LAUREL MUNICIPAL CODE RELATING TO THE CITY’S STREET AND SIDEWALK CONSTRUCTION AND MAINTENANCE. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to address situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, the City’s Public Works Director and City Attorney prepared the amendments below to the Laurel Municipal Code to remain consistent and in accordance with the State of Montana’s Laws adopted by the Legislature; and WHEREAS, the City’s Public Works Director and City Attorney prepared, reviewed, and recommends the following amendments to Title 12, Chapter 12.04 as noted herein as follows: Chapter 12.04 - STREET AND SIDEWALK CONSTRUCTION AND MAINTENANCE 12.04.030 - Streets. 12.04.040 - Definitions. 12.04.050 - Creation and alteration of maintenance districts.District designation authority. 12.04.051 - Improvements within maintenance districts-District Work and Improvement Plan. 12.04.052 - Notice of District Work and Improvement Plan for improvements. 12.04.053 - Protest. 12.04.054 - Choice in manner of making assessments. 12.04.055-12.04.059 Reserved 12.04.060 - Resolution for assessment of costs for maintenance of existing districts. 12.04.061 - Notice of resolution for assessment. 12.04.062 - Hearing on resolution for assessment of costs. 12.04.063 - Assessment of costs of improvements and maintenance of improvements. 12.04.064 – Assessment of costs. 12.04.065-12.04.069- Reserved. 12.04.070 - Financial assistance options. Cost—Assessment—Levy—Resolution. 12.04.080 - Water user entities exempt from special assessments. 12.04.090 - Reserved. 12.04.030 - Streets. A. Supervision. All maintenance and repairs of public streets, alleys, sidewalks and other public ways shall be under the supervision of the city engineerPublic Works Director. He/she shall be charged with the enforcement of all ordinances and provisions relating to such public places (except traffic ordinances) and is authorized to enforce such ordinances. B. Construction. It is unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way, or to repair the same, without having first secured a permit therefor. Applications for such permits shall be made to the city clerk-treasurer, and approved by the city engineerPublic Works Director, and shall state the location of the intended pavement or repair, the extent thereof, and the person 172 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance or firm who is to do the actual construction work. No such permit shall be issued except where the work will conform to the ordinances of the city. C. Engineer Plans. 1. Each applicant for construction or reconstruction of any public street, alley or other public way, shall file with the city engineerPublic Works Director engineering plans and specifications prepared by an engineer certified by the state. No permit shall be issued until the engineering plans and specifications are approved by the city engineerPublic Works Director. 2. The city engineer or anyA certified engineer may prepare the engineering plans and specifications for construction or reconstruction of any public street. Engineering plans and specifications preparation costs of by the city engineer shall be paid by the applicant. The engineering plans and specifications preparation costs to shall be based on the reasonable, customary charges for suchsimilar services. D. Inspection. All street improvements shall be inspected during the course of construction by an inspector appointed by the city engineerPublic Works Director, salaries and other costs in connection with such inspections shall to be paid by the applicant, and such costs to shall be based on the reasonable, customary charges for such similar services. E. Bond. Each contractor for construction or reconstruction of any public street shall file a bond in the amount equal to the estimated cost of construction of the improvement and conditioned to indemnify the city for any loss or damage resulting from the work undertaken or the manner of doing the same. F. Specifications. All street and sidewalk pavements shall be made in conformity with specifications laid down or approved from time to time by resolution of the city council. (Ord. 97-2 § 4 (part), 1997; prior code § 11.32.030) (Ord. No. O12-07, 1-15-13) Editor's note— Formerly numbered as § 12.04.020. 12.04.040 - Definitions. "Improvements" as used in this section includes but is not limited to the installation of traffic signs, new curb and gutter construction, narrowing, and widening and rebuilding of existing streets. "Maintenance" as used in this section includes but is not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation, maintenance and repair of traffic signal systems, the repair of traffic signs, the replacement and maintenance of pavement markings, and curb and gutter repair.,and minor sidewalk repair that includes cracking, chipping, sinking, and replacement of not more than 6 feet of sidewalk in any 100 foot portion of sidewalk. Maintenance in the districts may be done by contract or by forces employed by the city or by both, in a manner determined by the city council. (Ord. 04-2 (part), 2004) 173 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance 12.04.050 - District designation authority Creation and alteration of maintenance districts. A resolution shall be adopted dividing the whole or any part of the city or town into maintenance districts, to be known and designated by number. The resolution shall plainly define the boundaries of the district or districts and describe the streets, alleys, and public places or any part thereof constituting the district or districts. The adoption of this section has no effect on any existing maintenance districts created previous to this amendment. When defined, maintenance districts may not be changed during the same calendar year but may be changed by resolution in any succeeding year. Whenever the city council designates a portion of the city as a street maintenance district, the streets, avenues and alleys may be maintained and/or improved for such time and in such manner as the city council may direct under the supervision of the public works director. (Ord. 04-2 (part), 2004) 12.04.051 - Improvements within maintenance districts-District Work and Improvement Plan. A. The city may prepare and improve streets, avenues, and alleys within the maintenance districts so that the maintenance will be of a durable and continuing benefit. The city council shall provide, pursuant to this ordinance, a written plan that includes the method or methods of doing the work and improvements “District Work and Improvement Plan.” For the purposes of this section, "improvements" includes but is not limited to the installation of traffic sign s, new curb and gutter construction, and widening of existing streets. B. The city is authorized to maintain the work and improvements made under this section. C. At least 12 days must elapse between the day on which the proposed District Work and Improvement Plan is introduced and the day on which final action on such plan is taken. 12.04.052 - Notice of District Work and Improvement Plan for improvements. The city clerk must give notice of the introduction of the proposed District Work and Improvement Plan and of the time it will be up for final adoption. The notice must be published as provided in MCA 7-1- 4127 12.04.053 - Protest. No further action shall be taken upon the proposed district for 1 year if a written protest against passage of the proposed District Work and Improvement Plan is filed by: A. owners of property within the proposed maintenance district having a taxable valuation, when aggregated, representing not less than 50% of the total taxable valuation of property within the district; B. not less than 50% of the owners of property within the district; or C. owners of property within the proposed maintenance district having projected assessments, when aggregated, representing not less than 50% of the total projected assessments for property within the district. 174 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance 12.04.054 - Choice in manner of making assessments. The assessments for the costs and expenses of maintaining streets, alleys, and public places shall be made against all of the property embraced within each maintenance district by one of the methods provided in MCA 7-12-4422. 12.04.055 through 12.04.059 Reserved. 12.04.070 060 - Cost—Assessment—Levy—Resolution.Resolution for assessment of costs for maintenance of existing districts. Not later than the second Monday in August of each year the public works director shall estimate the annual maintenance and/or improvement cost and the city council shall pass and finally adopt a resolution levying and assessing all the property within the street maintenance district with an amount equal to not less than seventy-five percent of the entire cost of the work. A. With the consultation and advice of the Public Works Director, the city council shall estimate, as near as practicable, the cost of maintenance in each established district annually, not later than the second Monday in August. The council shall pass and finally adopt a resolution specifying the district assessment option and levying and assessing all the property within the several districts with an amount equal to not less than 75% of the entire cost of said work. B. The resolution levying the assessment to defray the cost of maintenance shall contain or refer to a list in which shall be described the lot or parcel of land assessed, with the name of the owner thereof if known, and the amount levied thereon set opposite. C. Such resolution shall be kept on file in the office of the city clerk. (Ord. 04-2 (part), 2004) 12.04.061 - Notice of resolution for assessment. A. A notice, signed by the city clerk, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of maintenance in the district or districts is on file in the city clerk's office and subject to inspection, must be published as provided in MCA 7-1-4127. B. The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council and must contain a statement setting out the method of assessment being proposed for adoption or the change in the method of assessment that is being proposed for adoption. The time for the hearing must be at least 5 days after the final publication of the notice. 12.04.062 - Hearing on resolution for assessment of costs. A. At the time so set, the council shall meet and hear all objections which may be made to such assessment or any part thereof and may adjourn from time to time for that purpose and may by resolution modify such assessment in whole or in part. B. A copy of the resolution, certified by the city clerk, must be delivered to the financial officer, and the assessments shall be placed upon the tax roll and collected in the same manner as other taxes. 175 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance 12.04.063 - Assessment of costs of improvements and maintenance of improvements. The city is authorized to assess the cost of the work, improvements, and maintenance authorized by 7-12- 4405 against the property in maintenance districts in the manner and as provided in 7-12-4421 and 7-12- 4422 to meet the payments required to be made each year. 12.04.060 064 - Cost—Assessment of costs. The cost assessed for maintaining and/or improving streets, avenues and alleys shall be charged to the property bordering on the streets and avenues so maintained by one or a combination of the following methods: each lot or parcel of land bearing its share of the cost according to the part of the whole cost which its area bears to the area of the entire district; or, by that part of the whole cost which each lot or parcel's street frontage bears to the street frontage of the entire district; or, if the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel; or, each lot or parcel of land, including the improvements thereon, may be assessed for that part of the cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district. The assessment hereunder shall be certified by the city clerk - treasurer, to be extended on the tax roll in the same manner as other special assessments. A. For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but may not exceed the actual area of the lot or parcel. B. The city council shall assess the percentage of the cost of maintenance established in MCA 7-12- 4425 against the entire district as follows: (1) each lot or parcel of land within the district may be assessed for that part of the cost that its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places; (2) each lot or parcel of land within the district abutting upon a street upon which maintenance is done may be assessed for that part of the cost that its street frontage bears to the street frontage of the entire district; (3) if the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel; (4) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of the cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district; (5) each lot or parcel of land within the district may be assessed for that part of the cost that the reasonably estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the reasonably estimated vehicle trips generated for all lots in the district based on their size and zoning classification; (6) any other assessment method provided in MCA 7-11-1024 may be used; or (7) any combination of the assessment options provided in subsections B(1) through B(7) may be used for the district as a whole or for any lot or parcel within the district. (Ord. 04-2 (part), 2004) 176 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance 12.04.065-12.04.069- Reserved. 12.04.070 - Financial assistance options. A. The city is authorized to: (1) enter into suitable agreements with the United States of America, the State of Montana, or a building and loan association, savings and loan association, bank, or credit union that is a regulated lender as defined in MCA 31-1-111 for loans of money and for receiving financial assistance to do the work and improvements contemplated by MCA 7-12-4405; and (2) provide for the repayment of the loans by yearly payments from funds derived from districts created under this Chapter, apportioned over a period of time not exceeding 20 years. 12.04.080 - Water user entities exempt from special assessments. Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under this Chapter. 177 Ordinance No. O20-03 LMC Title 12 Chapter 12.40 Street and Sidewalk Construction and Maintenance This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on August 11, 2020, by Council Member Sparks. PASSED and ADOPTED by the Laurel City Council on second reading this 25th day of August 2020, upon motion of Council Member __________________. APPROVED BY THE MAYOR this 25th day of August 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 178