HomeMy WebLinkAboutCity Council Packet 03.23.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, MARCH 23, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R21-18
NEXT ORD. NO.
O21-02
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 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 March 9, 2021.
Correspondence
2. Laurel Chamber of Commerce Agenda for March 11, 2021; Laurel Chamber of Commerce
Minutes of February 11, 2021.
3. Beartooth RC&D Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
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.
4. Claims entered through March 19, 2021.
5. Approval of Payroll Register for PPE 3/7/2021 totaling $196,720.40.
Ceremonial Calendar
Reports of Boards and Commissions
6. Budget/Finance Committee Minutes 2.23.2021.
7. Tree Board Minutes of February 18, 2021.
8. Public Works Committee Minutes of February 8, 2021.
9. Emergency Services Committee Minutes June 22, 2020.
10. Emergency Services Committee July 27, 2020.
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11. Emergency Services Committee Minutes of August 24, 2020.
12. Emergency Services Committee Minutes September 28, 2020.
13. Emergency Services Committee Minutes October 26, 2020.
14. Emergency Services Committee Minutes of February 22, 2021.
15. Laurel Urban Renewal Agency Minutes of February 22, 2021.
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
16. Resolution No. R21-18: A Resolution Of The City Council To Amend The Large Grant
Request Program Budget Pursuant To The Recommendation Of The Laurel Urban Renewal
Agency.
17. Resolution No. R21-19: A Resolution Of The City Council Authorizing The Mayor To Sign A
Memorandum Of Understanding With The Laurel Lions Club And Laurel Community
Foundation Accepting Donations For Improvements At The Laurel Lion’s Family Park.
18. Resolution No. R21-20: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Rocky Mountain Doors For The Purchase And Installation Of A Door For The
City’s Water Plant.
19. Resolution No. R21-21: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With CIP Construction Technologies, Inc. For The Rehabilitation And Repair Of
Certain Sewer Manholes For The City Of Laurel.
20. Resolution No. R21-22: A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Laurel Power Systems For Purchase And Installation Of A New Aftercooler For
The City’s Water Treatment Plant.
21. Ordinance No. O21-02: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel
Municipal Code Relating To The Adoption And Enforcement Of Building Codes For The City
Of Laurel As Required By The State Of Montana.
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
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File Attachments for Item:
1. Approval of Minutes of March 9, 2021.
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File Attachments for Item:
2. Laurel Chamber of Commerce Agenda for March 11, 2021; Laurel Chamber of Commerce
Minutes of February 11, 2021.
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Agenda
Laurel Chamber of Commerce
March 11, 2021
Chamber/Zoom
Moment of Silence
Presentation of minutes:
Guest Speaker –
Financial Report -
Yellowstone Checking - $ 81,441.83
Altana CD $ 8,689.46
Altana Saving $ 749.03
Christmas Repair Fund $ 2,937.59
TOTAL $ 93,817.91
Bills to be presented for payment outside the approved budget: -
Firefly Outdoor Movie- $2,400
OLD BUSINESS
Beautification Meeting- Update
Annual Meeting – Schedule a date?
NEW BUSINESS –
New Members –
Dropped Membership-
4th of July
o Parade Theme- Use theme voted for last year or pick a new one? List attached
o Run Profit- Need ideas of what organization to donate run profit to this year? We will vote on this -
-Beautification Committee, Lion’s Club, Garden Club, School Pantry
Summer Assistant- Claire Studiner will be the summer Assistant again, she will start on June 1st
Farmers Market- see attached
Movies Under the Stars- see attached -June 26th and July 31st. Need pick movies
o Wizard of OZ
o Toy Story
o Adams Family
o Scoob
o
Senior Class-
Upcoming Dates:
4th of July Committee Meeting- April 1st @ 12pm
Open Forum
Business After Hours – If you would like to host an event, please contact the Chamber.
Next Meeting – March 11, 2021 Chamber/Zoom
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Laurel Chamber of Commerce
Board Meeting Minutes
The Meeting was held on February 11, 2021, KC’s Palace & Zoom. In attendance were: Executive Board Members:
President- Beth Hoferer, VP- Becky Watson, Treasurer- Dallas Contreraz, Executive secretary- Cami Nelson. Directors:
Karen Black, Patsy Woody, and Evan Bruce. Member Jayson Nicholson
Beth called the meeting to order.
The minutes were approved. Moved to approve- Evan, Karen 2nd-approved
The financial report was approved and bills were presented for payment.
Bills to be presented for payment outside of budget:
4th of July Run timers- $400 deposit. Evan motioned to pay the deposit, Patsy 2nd- approved
OLD BUSINESS
Budget- 2021 Budget was presented for approval. Karen motioned to approved the 2021 budget, Evan
2nd- approved
Beautification Meeting- tabled for next meeting since waiting Insurance quote
Annual Meeting – It was discussed to schedule the Annual Meeting the end of April or beginning of May.
Cami will contact the Millers Horse Palace to see what dates work best, cost and other details.
NEW BUSINESS –
New Members –
Dropped Membership- Cono-Mart
Scholarship- $500 scholarship (Laurel Community Foundation managing)- email vote on 2/2, was
approved
4th of July
o Parade Theme- Use theme voted for last year or pick a new one? List attached. Ideas suggested –
Essential workers,
o Run Profit- Need ideas of what organization to donate run profit to this year? We will vote on this
next meeting Ideas- Beautification Committee, Lion’s Club, Garden Club, School Pantry
o Grand Marshall- We discussed having Bill Lackman (voted by community for parade 2020)
Summer Assistant- We will start advertising for this position in March. Will be June 1st- Aug 31st. Will ask
Claire about doing again
Office Closed- Office will be closed Monday April 5
Upcoming Dates:
Farmer’s Market Meeting- February 18th @ 12:30pm
Movies in the Park Meeting- February 18th @ 12:00pm
Open Forum
Business After Hours – If you would like to host an event, please contact the Chamber.
Next Meeting – March 11, 2021 Chamber/Zoom
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Agenda
Laurel Downtown Farmers Market Committee
February 16, 2021
Chamber
o When to hold it?
Every Saturday
July 10th - September 11th
o What time?
8:00 am – 12:00 pm (set up at 7:00am)
o Where?
o Close 1st St and 2nd Ave to make an L again, along with the
parking lot, put food vendors on 2nd Ave
o Request more barricades to better block the streets and
possibly use caution tape to block cars from driving through
o Cost for Vendors?
o $25.00/Saturday,
o $100.00 for Food Trucks
o Budget?
o Banner -$100 (leave space to change date every year)
o Facebook Ads-
o Reusable No Parking Signs- ($18-$20 each)
o Caution Tape-
o Porta Potties and Hand washing station - $130/time
o PA system to play music and make announcements- -$60
o Other
Have weekly drawings –draw live on Facebook
Make a-frame signs out of pallets
Set up a Google business page for the Farmers Market
Event Ideas
o Have a Car Show the first weekend to draw in people
Charge for Car Show to offer prize?
Safety day
Petting zoo
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Agenda
Movies Committee
February 18, 2021
Chamber
o When to hold it?
June 26th and July 31st
o Where?
o Practice field next to Graff
o Cost for Vendors?
o $100.00 for Food Trucks (limit of 4 food trucks)
o Cost for Sponsorship
$200( would need 12 sponsors to cover the cost of the
movies)
o Budget?
o Cost of Movie ($1,200 a movie last year)
o Banners( 1 for each movie with sponsors) $100 each banner
o Facebook Ads-
o Porta Potties ($265 a movie last year)
o Other-
o Other
Activities going on before the Movie
Ask groups to provide carnival games
Send flyers home with 406Kids and Sunshine
Academy
Flyers in stores
Coupons for 1 free cotton candy?
Facebook contest
o Other Event Ideas
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PARADE THEMES
Old 4th Themes
2019- The Parade of Stars
2018-It’s a Grand Old Flag
2017- Ignite the Spirit of America
2016- Hometown Hero’s
2015- Celebrating Laurel’s Youth- The future of America
2014- Volunteers- Getting It Done
2013- Let Freedom Ring
2012- Spirit of Laurel
2011-Party in the USA
Ideas for 2021
Happy Birthday America
Red White and Blue Bash
Proud to be an American- Voted for 2021(No Parade)
Stars & Stripes Forever
Patriotism- Alive and Well in Laurel
America the Beautiful
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File Attachments for Item:
3. Beartooth RC&D Correspondence
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Beartooth RC&D Area, Inc.
Board of Director’s Meeting Agenda
March 18th 2021 1:00 P.M. – Zoom Meeting
Join Zoom Meeting:
https://us02web.zoom.us/j/6579752514?pwd=cDFjOHVTb0NqQVF1aUJCbHlqdmtCZz09
Meeting ID: 657 975 2514 / Passcode: BRCD
1:00 pm
2:30 PM
Meeting Called to Order
Pledge of Allegiance, Introduction of Members and Guests
Review January Board Minutes
Congressional Updates
Maddie Alpert (Sen. Tester)
Tory Kolkhorst (Sen. Daines)
Vacant (Rep. Rosendale)
Treasurer/Financial Reports
1. Treasurer Update
2. RC&D Financials
3. RLF Financials
4. De Federalization of RLF Funds
New Board Members
Executive Committee
1. Executive Committee Activity Report
2. Board Training https://nextmoveondemand.com/ed-101-training-
for-newly-elected-officials-board-members/?purchased=true
SSimonsonNMG2021
CEDS
Staff Reports – Program/Project updates
1. Food/Ag Program – Joel Bertolino
2. Revolving Loan Fund – Jillann Knutson
3. Economic Development/ CRDC – Steve Simonson
4. Operations Support- Myrna Lastusky
Regional Roundup – News and updates from regional
members on projects and activities in key CEDS categories….
(see topics on next page)
Next Beartooth RC&D Area, Inc. Board of Directors Meeting
May 20th, 2021 - Columbus or Potential Zoom
Adjourn
Chair
Chair, All
Chair, All
Knutson
Knutson
Knutson
Knutson
Van Ballegooyen
Van Ballegooyen
Van Ballegooyen
Simonson
Bertolino
Knutson
Simonson
Lastusky
Roe
et al
Action
Information
Information
Action
Action
Action
Action
Information
Information
Information
Information
Information
Information
Information
Information
Information
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Regional Roundup
Our goals for the Roundup are to find out what’s happening in the area, keep the conversations
focused, inform the others attending the meeting, and to tie it all back to and reinforce the importance of
the CEDS. Please help us identify the projects in their area that fit into our CEDS categories:
• Infrastructure
▪ Housing
▪ Transportation
▪ Broadband
• Economy
▪ Upturns or downturns in industry sectors
▪ New business openings (or closures)
• Communication
▪ Marketing and outreach
• Services
▪ Health care
• Natural Resources
▪ Agriculture
▪ Energy
• Human Capital
▪ Workforce
▪ Education
NOTES:
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Beartooth RC&D Area, Inc. Board of Director’s Meeting MINUTES January 21, 2021
Agenda
1:00 pm
2:30 PM
Meeting Called to Order
Pledge of Allegiance, Introduction of Members and Guests
Review November Board Minutes
Congressional Updates
Molly Bell (Sen. Tester)
Dan Stusek (Sen. Daines)
Casey Collins (Rep. Gianforte)
Treasurer/Financial Reports
5. Treasurer Update
6. RC&D Financials
7. RLF Financials
8. Audit
New Board Members
Executive Committee
3. Executive Committee Activity Report
4. Staff Compensation
5. Executive Committee Nomination
CEDS
Staff Reports – Program/Project updates
5. Food/Ag Program – Joel Bertolino
6. Revolving Loan Fund – Jillann Knutson
7. Economic Development/ CRDC – Steve Simonson
8. Operations Support- Myrna Lastusky
Regional Roundup – News and updates from regional
members on projects and activities in key CEDS categories….
(see topics on next page)
Next Beartooth RC&D Area, Inc. Board of Directors Meeting
March 18th, 2021 - Potential Zoom
Adjourn
Chair
Chair, All
Chair, All
Knutson
Knutson
Knutson
Van Ballegooyen
Van Ballegooyen
Simonson
Bertolino
Knutson
Simonson
Carter
et al
Action
Information
Information
Action
Action
Action
Information
Action
Action
Information
Information
Information
Information
Information
Information
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ATTENDANCE
Joel Bertolino, BRCD Director
Jillann Knutson, BRCD Finance Director
Steve Simonson, BRCD Economic Director
Myrna Lastusky, BRCD Administrative Assistant
Ryan Van Ballegooyen, Billings Job Service
Marvin Carter, City of Laurel
Jeff McDowell, Two Rivers Authority
Emily Ringer, Town of Joliet
Bill Foisy, City of Red Lodge
Steve Riveland, Stillwater County Commissioner
Scott Miller, Carbon County Commissioner
Melanie Roe, Sweet Grass County Commissioner
Lorene Hintz, Big Sky EDA / SBDC
Randy Weimer, Stillwater-Sibanye Mine
Barb Wagner, Yellowstone Conservation District
Tory Kolkhorst, Sen. Daines office
Maddie Alpert, Sen. Tester’s office
Stephanie Ray, Stillwater County Economic Development Office
Holly Higgins, First Interstate Bank of Hardin
Patty Sundberg, City of Columbus
Heidi Sparks, Laurel City Area
Dan Lowe, Big Horn Conservation District
Charli Smith, Sweet Grass County Economic Development Director (Guest)
Not present:
Sidney Fitzpatrick, Big Horn County Commissioners
Don Jones, Yellowstone County Commissioners
Clinton Giesick, Carbon Conservation District
Bob VanOosten, Stillwater Conservation District
Chris Mehus, Sweet Grass Conservation District
Page Dringman, City of Big Timber
Frank Ewalt, City of Billings
Clayton Greer, City of Hardin
Marissa Hauge, Montana Family Pharmacies
Gov. Gianforte’s Office (Casey Collins?)
Liz Ching, MT Dept of Labor & Industries
Meeting Called to Order
Pledge of Allegiance
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Introduction of Members and Guests
Review of November Board Minutes
• Jeff McDowell moved to approve minutes. Melanie Roe seconded. Motion carried.
Congressional Updates
Maddie Alpert (Sen. Tester’s Office)
• PPP Loans opened last week.
• Cheryl Ulmer is available to answer questions about federal assistance for businesses.
(Contact info at end of Minutes).
• Contact me at Maddie_alpert@tester.senate.gov.
• New president puts us in a different position to ask for more things. He’s talking about
another relief package coming. Maddie is happy to chat if anyone has questions, too.
Tory Kolkhorst (Sen. Daines’ Office)
• Based in Billings office – also helps Carbon and Stillwater.
• First time on call – will listen in and pass anything on to Sen. Daines.
• Ryan explained that we ask a lot of questions, discuss the latest projects happening in our
region, etc.
• Feel free to contact Tory if anyone has questions: tory_kolkhorst@daines.senate.gov or 245-
6822.
Treasurer/Financial Reports
1. Treasurer Update: Jillann briefly went over her report:
a. Were able to pay off vehicle at end of year. 77,000 miles on it now. Hoping it will last for
several more years.
b. RLF Client: Commercial building going up. Bank will handle it until building is up, then
we will take $200K when bank gets ready to do financing.
c. Wildflower Gardens gave us a payment in full last week - $178,000 payout on a $120,000
loan – the difference includes about $22,000 in legal fees and the rest is interest.
d. Bill Foisy: What is the non-budgeted cash flow (pg. 13)? – Jillann said it would be the
EDA Cares Grant that Steve received – he will update on where that funding went.
i. Steve: Admin funds to support Myrna’s position, plus the $400,000 was split
between Big Sky EDA’s recovery efforts & Deb Brown/SaveYour.Town, the
consultant working with our region.
e. Ryan: Getting that RLF money back from Wildflower Gardens is a big deal because we
can now loan it back out & help other clients.
f. Jillann: Had Myrna help draft a letter to banks and will be sending it out soon. This time
of year Jillann gets bombarded with requests, people wanting to start a business, change
businesses, etc. This will be a mass mailing to commercial lenders to remind them that we
have money available to help. Jillann is getting a lot of poor requests right now . . .
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g. Ryan: When we can’t help people, we try to refer them and give them other suggestions.
Maybe they will come back to us at some point.
h. Jillann: We can’t give loans to people with very low credit.
i. Lorene: We help with business planning, also, so feel free to send businesses to us so you
can concentrate on loan applications.
2. RC&D Financials
a. Joel emailed everyone our 2019 Audit. Lot of issues getting it done, mostly due to COVID
problems (including the auditors getting COVID!).
b. Some people have had trouble opening the report, so if you have trouble, let Jillann know.
She can mail the physical copy if necessary.
c. Jillann was pleased with how the audit ended. A few things needed to be changed – the
auditors always have a few suggestions. The Wildflower Gardens issue fixed itself. It all
turned out pretty well.
d. Auditors are already asking Jillann for info on 2020 Audit.
e. If you have questions on it, just call Jillann and she will walk you through it.
3. RLF Financials
a. Motion to approve RC&D Financials and Audit (included in the motion). Jeff McDowell
moved, Bill Foisy seconded. Motion carried.
4. Budget:
a. No changes from Draft Budget to Final Budget except for one: Stillwater County is giving
us some money to help administer the grant program they are doing right now (small biz
in Stillwater County). Giving BRCD $1500 to help administer & get checks out.
Otherwise, the Budget is the same as in the November meeting. Just need approval on pg.
15.
i. Jeff McDowell motioned, Scott Miller seconded. Motion carried.
New Board Members
1. Scott Miller is new Carbon County Commissioner.
2. Steve Riveland from Stillwater is replacing Tyrel Hamilton
3. Heidi Sparks is taking over the open Laurel Area seat.
a. Joel and Ryan welcomed our new members.
4. Ryan asked for a motion to approve the three new members. Typically approve the appointed
commissioner out of each county. The Laurel Area seat was a special appointment for Ken Gomer, and
we need to approve for Heidi Sparks to maintain that position.
a. All in favor of approving the board members? Motion carried.
5. Ryan: We appreciate you all being Board members. Everyone has different perspectives and different
experience and a different way of getting us connected to the different areas we all live in.
Executive Committee
1. Executive Committee Activity Report
a. Ryan said the last meeting centered on what would be on the January Board agenda,
whether or not we can have an in-person meeting (hopefully soon), the budget, staff
compensation, and election results – new county representatives, etc.
b. Also heard staff updates. Executive Committee members often have to approve
expenditure of funds and other behind-the-scenes issues.
2. Staff Compensation
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a. Included in this year’s budget.
b. 3% staff raises.
c. Cell phone stipend went from $25 to $70. Many years since we raised this.
d. Keeping up with health insurance inflation. Went from $450 to $600/month. Again, many
years since we raised this.
e. As a package, we did pretty well on the budget.
f. We take a good look at the full picture every 3 years to compare compensation vs. the
market.
g. Action for Full Board – motion to approve?
i. Jeff McDowell motioned, Randy Weimer & Scott Miller seconded. No other
discussion. Motion carried.
3. Executive Committee Nomination
a. Ryan Van Ballegooyen is willing to stay in Chair position.
b. Melanie Roe has said she will be Vice-Chair
c. Marissa Hauge remains as Treasurer.
d. Jeff McDowell will stay on as Alternate.
e. Marvin Carter is stepping out of formal Executive Committee member, but will continue
as a special advisor to the Council with a great historical perspective. Thank you, Marvin,
for all of your service!
f. Anyone else want to volunteer? We meet every other month with the meeting time subject
to change if necessary.
g. Nominations approved? – Jeff McDowell motioned, Randy Weimer / Scott Miller
seconded. Motion carried.
h. Ryan thanked everyone for the extra time they give. Congrats to Melanie Roe, our new
member.
CEDS – Steve Simonson
1. CEDS annual update is in your packet. Any additions or corrections? Please let me know by the end
of the month.
2. Bill Foisy said he tried to find something to add, but it was extremely well done. He couldn’t find
anything to add!
3. Ryan: The CEDS document is our Comprehensive Economic Development Strategy. When we are
going for grants or assisting another organization applying for a grant, we look to that document to
support our grant applications (and others’ grant apps). It will support many other organizations to get
grants, too. It’s not just BRCD’s document; it’s a good tool for many other organizations to use.
4. Steve Simonson: Yes, good point. Please help us to capture any projects that are on your radar and
will help your own planning.
5. Bill Foisy: Red Lodge just updated their Growth Policy. I’ll let you know if there is anything to add
in that respect.
6. Jeff McDowell: Hardin City Planning Board is updating its Growth Policy at February meeting.
7. Ryan: Good to make sure we’re all on the same – or similar – page.
Staff Reports – Program/Project updates
1. Food/Ag Program – Joel Bertolino
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a. Report starts on pg. 16. General rundown of Food & Ag activities. Monthly calls with
Dept of Ag to stay up on their activities.
b. Last GTA grant application just closed. Ongoing until they do presentations on projects in
Feb. Record number of applicants, very competitive cycle, many needs. Hopefully some
will be ongoing projects we will help with while others may have just been interested in
funding this round. About 14-15 we had contact with, about 5 got the application
completed. There were a few who had great projects but just couldn’t get them across the
finish line this round. Joel has received another 6 or 7 after the New Year – since doing
this report. I wish we had another round of funding to help those clients, but we are
looking at other sources of funding for those people, including Rural Developments,
Value-added producer grants, etc.
c. Ongoing projects on pg. 18 – we’ve been involved in some for quite a while.
i. Pryor Mountain Wind Farm has all towers up, but haven’t completed final phase.
ii. 406 Bovine is going great. Hopefully we can share more at some point if he gets to
commercialization.
iii. Stillwater Packing, Emmett’s Meats, Pioneer Meats – got money from MT Meat
Processors Grant
iv. Miller Custom Processing in Roberts – his GTA grant was screened out. He is
almost finished with his expansion project.
v. Controlled Environments Construction – in good hands with Big Sky EDA.
Looking for a site for their mid-sized meat processing project.
vi. Yellowstone Ag Sustainability Project / RCCP – Coming to a close. Report
showed overall impacts of that projects. Money that went to Sugar Beet producers
helped them to improve irrigation and accept better management processes. This
project is on our website, so others can check it out there. Started in 2016, so it’s
been a good project.
vii. Becky’s Berries – Ag Adaptability Grant. Back to work with some new equipment,
but she’s waiting on a new air system. We still hope to take a tour of that down the
road.
viii. Any questions on anything, just give me a call.
d. Ryan: For new people, you will realize soon how many businesses who have a positive
impact to the economy – BRCD had a hand in so very many. If you wonder what good it
is to be on this Board or why your county/city are paying fees, let them know that they get
a lot back from our work. Congressional representatives, if they ever want to cut our
funding, please fight for us because a lot of good things are happening. Even some
negative things on the national side – like meat packer issues – has been a positive in
Montana in terms of putting some money back into our state economy and having locally
sourced meat.
2. Revolving Loan Fund – Jillann Knutson
a. See previous notes.
b. Jillann is very impressed with our current loans and willingness to keep making payments.
We’ve only lost one business – not really a loss because they moved out of a building and
moved it back home. They may go back to a storefront when things improve. Clients are
often high-risk to start with, but they’ve all weathered the storm very well.
3. Economic Development/ CRDC – Steve Simonson
a. One point on RLF. Steve is on statewide calls every Friday. All the regions are struggling
with their RLFs, so kudos to Jillann and RLF committee for keeping our clients going.
Keeping people in business this past year is a great success.
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b. Another round of PPP/ EIDL / SBA Funding – we’re happy to help. They should go
through a lender of choice.
c. County projects – thanks to Jeff and Holly Higgins for help on Big Horn County
Affordable Housing work. We’ve brought in the medical corridor and developers and
others to help Big Horn County build housing and retain workers. This will help Big Horn
County to recapture some of the dollars that are leaking out of their economy. There are
22 subcontractors.
i. Also one of our focus areas for CARES Act funding. Contracted with Cushing
Terrell to do a 5-county housing study. We’ll have a “how can we help” plan for
each county and what their needs might be.
d. Targeted Industry Study – taking restaurant, hotel, service piece and finding ways to help
market and rebuild those businesses. Have to get through pandemic, get people masked
and vaccinated.
e. Also working with Yellowstone and Carbon Counties on recovery efforts.
f. Pryor Mountain Wind Farm – let Scott Miller talk about that.
g. Detention Center – curveball from MDU Resources. Want $4 million to run natural gas
pipeline under highway. Involved Dept of Commerce in this discussion. The Detention
Center impacts several counties, and it will be full if it gets built. Bond approval pending
to go to voters – tentatively in August now. Steve said we’ve found some 1% Board of
Investment money that might be a better option. Stay tuned on this project.
h. Enjoyed the Sibanye-Stillwater Mine presentation, the Good Neighbor Agreement, so
much good work going on there. Very impressive, Randy!
i. Steve asked Charli to discuss work with Deb Brown and SaveYour.Town – but then we
forgot to come back to her.
j. Working with Laurel on west interchange project.
k. Regional projects – electric vehicle refueling stations in Big Timber, Hardin and Billings.
Apps due on Jan. 25, so in the beginning phases.
l. Bozeman Trail project with Deb Brown and Myrna. This project would touch all 5
counties in our region. Meeting on Feb. 19th with Mike Penfold.
m. Starlink system we installed at the office is 5x faster than regular internet service. There
are great rural opportunities for remote places who don’t have good internet speeds. The
pandemic has helped push some of these things forward. For example, telemedicine isn’t
helpful if people don’t have broadband to gain access. Precision Agriculture is another
area that needs good broadband.
n. Any questions??
i. Jeff McD: Monthly fee with Starlink? $99/month with virtually no data cap.
ii. Ryan: For our legislative people, if you’re wondering what to take back to
legislators . . . we’d love more GTA money since there are record numbers of
applications. Starlink is a great option to get fast, reliable internet to our rural
people – a very Montana solution. If there is a federal opportunity to support
something like that, please support it.
o. Jillann: PPP loans are LOANS until you fill out the paperwork, and that paperwork is
coming due soon (depending if you did the 12-week or 24-week). If they don’t get it in,
they will owe that money.
4. Operations Support- Myrna Lastusky
a. Mostly helping the directors with their various projects. Doing proofreading and editing,
updating website, helping with Bozeman Trail project.
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Regional Roundup – News and updates from regional members on projects and activities in key CEDS
categories….
1. Dan Lowe: Not much to contribute today. I sit in awe with all the comments and activities BRCD is
involved in throughout the region. It’s a special experience to be part of it.
2. Heidi Sparks: Growth policies . . . Laurel passed our Growth Management policy recently, so Laurel
has an updated policy. Lots of public works projects going on in 2021. Marvin mentioned that the
Refinery is bringing in another 500 employees. Heidi said that turn-around starts in April.
3. Bill Foisy: Infrastructure/housing – Habitat is on house number 8 at the Spires. Put up pic of new
owner, houses being built, etc.
a. Economy – resort tax for the quarter ending December (pro-rated since it increased from 3%
to 4%) is higher than the same quarter in 2019. Amazing with the pandemic!
b. Many remodels, no major closures:
i. Marley’s at the Pollard (restaurant & bar) was remodeled by Tom Kuntz and is open
for business.
ii. Cattail Bakery is remodeled and open.
iii. CART (Carbon Area Rural Transit): Anyone in 310/212 corridor in Carbon County
can call a day in advance and they will take you to doctor free of charge.
c. Melanie Roe: Mic wasn’t working, but she wrote this in the Chat: Successful Winter Farmers
Market. New enterprise starting in March called Farm to Family or something similar -
delivering fresh product and produce to homes. Weekly rodeo is planning on continuing this
summer. Pioneer Meats is progressing. Brewery is trying to do some events - music etc.
West end Town Pump has been remodeled and is scheduled to open mid-March. Still
discussing housing and what the city/county role might look like.
d. Randy Weimer: Mic not working.
e. Scott Miller:
i. Update on the windmill farm from Steve. Turbines at Pryor Wind Farm – some of the
landowners are Scott’s relations. About 40 people still working out there getting them
up and running (commissioning – not sure what this means yet . . . will get clarity on
the exact meaning of what that means – see below for Jillann’s clarification). Getting
pushed back with high winds and COVID-19, so not sure of actual completion date.
Bob from PacifiCorp is Project Development Director, and he gave Scott the update.
20 years will come quickly, so I want to know what will happen to the turbines in 20
years when they get torn down, etc. This is one of Scott’s goals.
ii. For Detention Center, we are going to Musselshell County to get MOUs for bed rental,
as well as from the U.S. Marshalls. That would help us with the bond. Trying to build
a facility here that will take our county into the future and help the
businesses/economy here. Will bring 25-30 jobs. Hoping to open doors in 2023 if it
passes in August (most likely month for vote). Meeting every Wednesday at 6 pm, so
anyone is welcome to come to those meetings.
iii. Starlink – hear from a lot of people that we don’t have the internet, so this is on our
radar and a big deal for Carbon County and Montana.
iv. Health Board in Carbon County – opened up Carbon County and are at capacity and
maxed out. No restrictions or closing times. Only thing we’ve kept is the mask
mandate on indoors. If the Governor lifts the mask mandate, Carbon County will
immediately do that, also – Board of Health voted on, Dr. George & Board of Health
voted on and approved this. Did 200 shots at Civic Center. Hoping to have 150 shots
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coming weekly. Get more COVID stuff taken care of and it will open a lot more
businesses for Carbon County.
v. Bridger Senior Center – long-standing infrastructure/foundation issues. Coal Board
grant of $57,000 with help from Steve Simonson. Talked to engineer and waiting on
bids. Hope to have the project done by the spring/summer. The seniors were tickled to
be back together for a meeting, so we’re excited to get their Center fixed so they can
be back together again. Comm. Blain is working on shots for Bridger District for
people who can’t get up to Red Lodge. Thanks to Steve for all his help.
vi. Jillann: Clarification on commissioning of Pryor Wind Farm . . . Knutsons still have 4
Wind Farm workers living at house. They can’t fire up the wind farm until ALL 114
turbines are ready to be fired up. 44 of the 114 are commissioned (ready to fire up).
They shut down the site if it goes above 22.5 mph, which is most of the days in winter,
so they are shooting for completion around May.
vii. Scott: If the turbines are twisting, it doesn’t mean they’re up and running.
viii. Jillann: They can turn them to test them, but the wind farm can’t work until ALL
turbines are ready to go/commissioned.
f. Jeff McDowell: Hardin is getting a Shipton’s Big R store in the old Shopko Hometown store,
but they are losing one of their hardware stores (old Marshall Wells store). Empty buildings
downtown. Most of the 300-block of Center Avenue on the east side is going to be vacant or
semi-vacant. One business owner died and Jeff has no idea of prospects moving forward. It’s
kind of grim in downtown Hardin at the moment.
g. Patty Sundberg: Keeping busy mostly. City Council is doing their thing, people are working.
As far as COVID, people are doing whatever County Health tells us. Ace Hardware sold –
new owners and managers are starting to figure it out. Rumor of lumber yard moving and
becoming a Lumber yard / hardware / feed store this spring.
Ryan Van Ballegooyen wrapped it up and encouraged new Board members to call if they have any questions.
He will reach out to Marissa Hauge and Melanie Roe to schedule the next Executive Committee meeting.
Meeting adjourned at 2:20 pm.
Other Notes from the Chat:Lorene Hintz: Any of you have anyone that needs help with a business plan and
projections, please feel free to send them to the SBDC: https://mtsbdc.ecenterdirect.com
Lorene Hintz: PTAC Trainings www.montanaptac.org
Lorene Hintz: SBDC Trainings https://mtsbdc.ecenterdirect.com/events?reset=1
Maddie Alpert: Cheryl Ulmer is going to be your best bet to get answers on to questions about federal
assistance for businesses and can be reached at Cheryl_Ulmer@tester.senate.gov but either of us are
available to answer questions and hear your concerns.
Holly Higgins: First Interstate Bank has opened their new branch building in Hardin. We are committed to
Hardin. The branch lobby is still closed, but drive-up is in full operation.
Next Beartooth RC&D Area, Inc. Board of Directors Meeting
March 18th, 2021 - Potential Zoom
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Beartooth Books- Reporting Ending December 2020
Budgeted Actual
%
of budgeted
Income
AG-FOOD AND AG CENTER 85,007 83,070 98%
AG-MCDC 1,000 270 27%
BOARD - EDA SPONSOR DUES 51,072 49,812 98%
BOARD-INTEREST INCOME 400 204 51%
BOARD-FOUNDATION MONEY 3,700 3,390 92%
RLF-STAFF REIMBURSE 18,000 0 0%
RLF-ORIG FEES 5,000 0 0%
CRDC 71,907 69,751 97%
FUELS-TOTAL - 1,875 #DIV/0!
EDA - GRANT 70,000 70,000 100%
NOT BUDGED INCOME - 104,807 0%
TOTAL INCOME 306,086 383,179 125%
Expense
TOTAL STAFF EXPENSE 233,104 214,386 92%
COMMUNICATIONS 6,000 6,711 112%
EQUIPMENT & VEHICLE 8,520 9,937 117%
CONTRACTUAL 20,000 106,640 533%
SUPPLIES 12,900 19,335 150%
TRAVEL 11,080 2,001 18%
OTHER 10,420 15,912 153%
RESERVE #DIV/0!
EXPENSE TOTAL 302,024 374,921 124%
Account Balances
Bank of Joliet-Building Account $4,473.00
Bank of Joliet- Savings Account $75,365.55
Bank of Joliet- Checking Account $94,213.62
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Revolving Loan Fund Books- December 2020
Loan Client Review
County # of loans $ Loaned out
Big Horn 2 $172,709
Stillwater 3 $429,198
Yellowstone 8 $392,146
Carbon 4 $144,281
Sweet Grass 2 $178,645
• A $200K loan was approved for Yellowstone County. This will not be funded until spring.
• I have 7 applications in various forms that will hopefully head to the RLF meeting.
Bank Balances as of December 31, 2020 Total available for lending
Bank of Joliet- EDA $36,912 36,912
Bank of Joliet-CDBG $197,463 197,463
Bank of Joliet- IRP $361,024 113,018
Bank of Joliet-Fromberg $29,811 29,811
$377,204
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**DRAFT****2021 Beartooth Resource Conservation and Development Budget
Income
ITEM Income
AG-FOOD AND AG CENTER 85,007
AG-MCDC 1,000
BOARD - EDA SPONSOR DUES 55,907
BOARD-INTEREST INCOME 400
BOARD-FOUNDATION MONEY 3,700
RLF-STAFF REIMBURSE 18,000
RLF-ORIG FEES 5,000
CRDC 71,907
FUELS AND CGWG -
MISC GRANT ADMIN $ 10,750
EDA - GRANT 70,000
TOTAL INCOME 321,671
Expense
TOTAL STAFF EXPENSE 256,044
COMMUNICATIONS 6,000
EQUIPMENT & VEHICLE 8,520
CONTRACTUAL 21,220
SUPPLIES 9,800
TRAVEL 10,140
OTHER 8,430
RESERVE
EXPENSE TOTAL 320,154
1,517
PROJECTED NET INCOME 12/31/2021
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Budgeted Actual
%
of
budgeted
Income
AG-FOOD AND AG CENTER 85,007 17,961 21%
AG-MCDC 1,000 0 0%
BOARD - EDA SPONSOR DUES 55,907 42,389 76%
BOARD-INTEREST INCOME 400 10 3%
BOARD-FOUNDATION MONEY 3,700 0 0%
RLF-STAFF REIMBURSE 18,000 0 0%
RLF-ORIG FEES 5,000 0 0%
CRDC 71,907 0 0%
MISC GRANT ADMIN $10,750 0 0%
EDA - GRANT 70,000 0 0%
NOT BUDGED INCOME - 0 0%
TOTAL INCOME 321,671 60,360 19%
TOTAL STAFF EXPENSE 256,044 41,793 16%
COMMUNICATIONS 6,000 1,419 24%
EQUIPMENT & VEHICLE 8,520 425 5%
CONTRACTUAL 21,220 10,600 50%
SUPPLIES 9,800 1,671 17%
TRAVEL 10,140 0%
OTHER 8,430 0%
RESERVE -
EXPENSE TOTAL 320,154 55,907 17%
Bank of Joliet-Building Account $4,473.00
Bank of Joliet- Savings Account $75,365.55
Bank of Joliet- Checking Account $104,140.12
Beartooth Books- Reporting Ending February 2021
Expense
Account Balances
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Revolving Loan Fund Books- February 2021
Loan Client Review
County # of loans $ Loaned out
Big Horn 2 $171,075
Stillwater 3 $429,198
Yellowstone 8 $388,712
Carbon 3 $23,081
Sweet Grass 2 $175,435
• A $200K loan has been approved for Yellowstone County. This will not be funded until Spring 2021
• Our loan clients (so far) are weathering the COVID storm. We had one very large payoff, and I
anticipate another payoff soon.
• I have 4 pending applications in various forms that will hopefully head to the RLF meeting.
Bank Balances as of February 2021 Total available for lending
Bank of Joliet- EDA $37,177 37,177
Bank of Joliet-CDBG $380,671 380,671
Bank of Joliet- IRP $368,480 117,480
Bank of Joliet-Fromberg $29,811 29,811
$565,139
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FOOD AND AG CENTER MANAGER REPORT
MONTANA FOOD AND AGRICULTURE
DEVELOPMENT CENTER REPORT
Beartooth Food and Ag Center
7/1/2020 to 2/28/2021
Joel Bertolino
DESCRIPTION OF NEW PROJECTS INTIATED OR CLIENTS SERVED (PICK 3
OR LESS)
PROGRAM STATISTICS- supported with Neoserra reports
• Number of businesses assisted-22
• Number of new clients-9
• Jobs created /retained-71 retained 5 created
• Number of Client Counseling Sessions- 115 hrs
• Capital Funding-$274,500.00
• Client milestones- includes new Businesses Expanded and adding staff,
investing funds including Millers Custom Processing, Becky’s Berries, Pioneer
Meats, Stillwater Packing and Yellowstone Valley Farms. Pryor Mountain Wind
project has completed construction of their 406 Million Dollar Wind Farm. 406
Bovine has continued to make progress in the development of their Ag
Technology product.
Business/ Project Name: Joe Murdock
Contact- Joe Murdock
Location- Lodge Grass, MT
Joe Murdock farms acreage in southern Big Horn County and raises sunflower and
safflower. Beartooth FADC has been in discussions with him on finance
opportunities to purchase equipment to bag the seed for sale as bird feed to
supplement his farming operation. He is looking at developing a Growth Through Ag
grant for the next cycle in the fall of 2021.
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Business/ Project Name: JWK Enterprises LLC
Contact- Justine Kougl
Location-Busby, MT
The Kougl family raises grass fed hormone free beef in Big Horn County and is
developing a profitable business that adds value to their beef production business.
This project takes the raw commodity of beef cattle livestock and changes the
physical state to packaged, labeled for re-sale meat products. These products will be
marketed as grass-fed grain-finished, locally grown, and made/produced by an
American Indian. Beartooth FADC is assisting this business with a USDA Value Added
Producer Grant application to help them expand their business to increase the
number of animals processed and sold in an effort to meet increased demand.
Business/ Project Name: F Bar 3 Vineyard
Contact- Kasey Krum Felder
Location- Laurel, MT
F Bar 3 Vineyard is a small family owned vineyard in Yellowstone County growing
hybrid grape varieties including Frontenac, Marquette, Itasca, Petite Pearls and
Crimson Pearls. Beartooth FADC has assisted the business in applying for a Growth
Through Ag Grant to expand their operation.
DESCRIPTION OF CENTER ACTIVITIES
Beartooth FADC activities have been follow up meetings with clients as well as
meetings with new clients interested in Covid relief funds, GTA, Brownfield’s
financing, Big Sky Trust Fund, and USDA grants and loans including Pioneer Meats,
Stillwater Packing, Miller Custom Processing, 406 Bovine LLC, Trembling Prairie
Farms, Toews Family Farms, JWK Enterprises, Charter Ranch, J Bar F Vineyard,
Palladium Brewery, Yellowstone Food Hub and others. Beartooth FADC staff has
continued to work on an NRCS RCPP grant that has integrated more sustainable
farming practices into area irrigated barley and sugar beet producers Beartooth has
worked with the other state wide Food and Ag Centers in exchanging information on
businesses and commodities, planning trainings on food safety as well as discussing
funding opportunities.
Beartooth FADC has worked this year with a wide variety of businesses from several
people interested in greenhouse businesses, meat plants, grain corn sales, food
processing, a vineyard, food hub, apiary, and on-farm renewable energy. Beartooth
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FADC has had continued interest in the area of microbreweries and a distillery in the
Columbus community, and one on a brownfield site. Beartooth has assisted several
businesses in applying for the Agriculture Adaptability grants as well as Business
Sustainability grant. We have also worked with three meat-processing plants in our
area to submit Meat Processing Infrastructure Grants they received and will allow
them to increase the amount of animals they process as they are seeing a
tremendous increase in local meats. We have receive many more inquiries from
meat processing businesses looking for startup assistance in our region. This work
has continued to be interesting and rewarding to assist these businesses in various
stages add value to Montana Agricultural products.
These activities are all steps toward our broader network goals to increase the
number of value added and food businesses and jobs in our region while also
building the broader network for delivery of our assistance throughout the state.
DESCRIPTION OF RENEWABLE ENERGY PROJECT ACTIVITIES (IF
APPLICABLE)
Beartooth has assisted the Pryor Mountain Wind Project. The estimated 400 million
dollar project is nearly complete with 120 turbines installed, four to five Ranches in
the area have turbines on their Ag operations, and the turbines are set to be online
by spring 2021.
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DESCRIPITON OF NEW INVESTMENTS
Business Name: Millers Custom Processing
Business Contact: Tom Miller
Business Location: Roberts, MT
Description: Meat Processing
Type of Investment: Montana Meat Processing grant for $104,000.00
Business Name: Stillwater Packing
Business Contact: Jason and Amber Emmett
Business Location: Columbus, MT
Description: USDA Meat Plant
Type of Investment: Montana Meat Processing Infrastructure Grant for business
Expansion $33,000.00
Business Name: Pioneer Meats
Business Contact: Brian Engle
Business Location: Big Timber, MT
Description: USDA Meat Plant
Type of Investment: Montana Meat Processing Infrastructure Grant for $120,000.00
to expand in an effort to better meet the demand for loc ally processed meats.
CLIENT STORY/TESTIMONIAL (PICK AT LEAST 1!)
MillerCoors and Western Sugar Co, along with the NRCS and Conservation Districts
in Yellowstone, Carbon and Big Horn Counties approached Beartooth FADC in 2015
to discuss a USDA NRCS Regional Conservation Partnership Project grant meant to
foster public private relationships. Beartooth worked with the group to develop a
grant application that would assist MillerCoors and Western Sugar company in
providing funding for their producers to offset the costs of implementing
conservation practices that would conserve water and soil while also making their
operations more efficient from a time and labor standpoint. The first grant called
the Yellowstone Region Ag Sustainability project was applied for and denied, the
group decided to continue to meet and apply the next year, that application was a
success, the NRCS offices in the three counties assisted the group in developing the
application process and received applications from producers in all three counties
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over a three year period. The overall partnership and the project was a success.
MillerCoors was able to administer the grant NRCS handled the application processes
and the project is now complete having assisted several regional producers in
implementing technology into their operations that have helped them conserve
resources as well as time and labor. There are several project overviews that have
been produced to show the impact of the project including this video
https://www.nrcs.usda.gov/wps/portal/nrcs/mt/newsroom/photos/9327ad86-f904-4561-9be4-
ea7d21d36932/#yellowstonercpp.
ATTACH ANY PICTURES, MARKETING MATERIALS, OR RELEVANT
SUPPORTING INFORMATION WITH YOUR REPORT.
Picture of the MillerCoors RCPP Yellowstone Regional Ag Sustainability producer, and
Pryor Wind Farm and attached are two project impact overviews on the MillerCoors
RCPP project
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Economic Development Director Report March 2021
Regional projects on the CARES ACT economic recovery plan continue. Interviews with key
businesses in the region are underway on the affordable housing study. The advisory group which
represents all areas across the region was brought up to speed on the cu rrent status of the
housing study.
Deb Brown with Save Your Town continues to host watch parties with interested Chamber
Directors, staff and businesses in the region. Deb plans to attend the BRCD board meeting in May,
and I would encourage you to ask questions on the targeted small business recovery efforts
underway.
The third leg of the CARES Act funding with Big Sky EDA taking the lead continues to explore and
develop economic recovery efforts primarily in Yellowstone County. Biweekly meetings continue ,
and strategic regional planning is being discussed with Community Builders from Colorado. If you
are interested in representing Beartooth RCD in an upcoming meeting with Community Builders,
please let me know. Up to five individuals from BRCD, BSEDA, Billings Chamber, and the Billings
Downtown Business Alliance will be part of this process. I feel it’s important to have a wide regional
perspective represented from our organization.
County-specific projects underway include:
Big Horn County: Progress continues on the affordable housing calls. A grant to establish a full-
time ED and Housing Director position is underway. Interactions with tribal economic developers
continue with coordination of economic recovery efforts and remote worker training. Research into
Decker coal mine reclamation and bankruptcy situation continues.
Carbon County: Projects include the regional detention center, wind farm, business assistance in
Bridger. Also the Coal Board funding has been authorized to stabilize the Senior Center b uilding in
Bridger.
Stillwater County: Mini grants applications. Sandstone School - Big Sky Trust Fund.
Sweet Grass County: BSTF application, Sibanye/Stillwater Mine adding 50 new jobs, Chamber of
Commerce outreach on board training and projects in the area.
Yellowstone County: Economic recovery efforts, Laurel west interchange - BSTF approved for
feasibility study on industrial/commercial development and infrastructure.
Discussion held with stakeholders on Hwy 3 business park development near the air port.
Steve Simonson
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Frequently Used Acronyms
BEAR – Business Expansion and Retention
BIA – Bureau of Indian Affairs
BLM – Bureau of Land Management
BRCD – Beartooth RC&D
BSEDA – Big Sky Economic Development Association
BSTF – Big Sky Trust Fund
CDBG – Community Development Block Grant
CRDC – Certified Regional Development Corporation
CEDS – Comprehensive Economic Development Strategy
CTEP – Community Transportation Endowment Program
EDA – Economic Development Administration
EDD – Economic Development District
ESRI – Environmental Systems Research Institute, Inc.
GIS – Geographic Information Systems
GPS – Global Positioning System
HOME – Montana Home Investment Partnerships Program
HUD – US Department of Housing and Urban Development
IRP – Intermediary Relending Program
LESA – Land Evaluation Site Assessment
MBI – Montana Board of Investments
MDOC – Montana Department of Commerce
MDOL – Montana Dept. of Labor
MDOT – Montana Dept. of Transportation
MDFWP – Montana Dept. of Fish, Wildlife and Parks
MEDA – Montana Economic Developers Association
NADO – National Association of Development Organizations
NCOC – National Carbon Offset Coalition
NHS – Neighborhood Housing Services
NRCS – Natural Resource Conservation Service
RBEG – Rural Business Enterprise Grant
RBOG – Rural Business Opportunity Grant
RC&D – Resource Conservation & Development Area, Inc.
RCDI – Rural Community Development Initiative
RD – Rural Development (a division of USDA)
RCPP- Regional Conservation Partnership Program
RLF – Revolving Loan Fund
RTA – Resource Team Assessment
SBA – Small Business Administration
SBDC – Small business Development Center
TIFD – Tax Increment Finance District
TSEP - Treasure State Endowment Program
USDA – United States Department of Agriculture
USFS – United States Forest Service
67
Yellowstone Regional Ag Sustainability RCPP
Project Summary
Regional Conservation Partnership Program
The Regional Conservation Partnership
Program (RCPP) promotes coordination of
NRCS conservation activities with partners
that offer value-added contributions to expand
our collective ability to address on-farm,
watershed, and regional natural resource
concerns. Through RCPP, NRCS seeks to
co-invest with partners to implement projects
that demonstrate innovative solutions
to conservation challenges and provide
measurable improvements and outcomes
tied to the resource concerns they seek to
address.
Yellowstone Regional Ag Sustainability RCPP
The Yellowstone Region Agricultural
Sustainability Project, led by Molson Coors,
brought together multiple private and public
agricultural partners in Big Horn, Carbon,
and Yellowstone counties. The goal was to
combine resources across organizations
to help malt barley and sugar beet growers
put irrigation systems in place to facilitate a
combination of water and soil conservation
practices including cover crops, reduced
tillage, nutrient management, and irrigation
water management. Through this project,
assistance helped to mitigate the risk to
producers of transitioning to practices
that improve natural resources while also
increasing economic viability and agricultural
sustainability.
NRCS and Partner Contributions
• $1,886,863 in NRCS cost share including
funds from Bozeman Area irrigation fund
pool
• $30,000 in partner contributions in
technical and financial assistance
Economic Impact
Per NRCS economic data, the investment
in the Yellowstone Region Ag Sustainability
Project created just over $2 million in
additional economic outputs in the 3-county
area.
Shawn Kuzara, Montana Bureau of Mines
and Geology, presents a poster made
by graduate student Taylor Bienvenue
displaying the work done on site in June
2019.
Conservation Benefits
NRCS planning models show a 15-20%
increase in irrigation efficiency for pivot
irrigation over flood irrigation. Planning models
also calculate the average tons of soil loss
per acre in Yellowstone County alone would
improve from an average of 6.2 tons/acre
to .43 tons/acre with the implementation of
planned conservation practices.
Cover crop: 669 acres
A mix of cool and warm season grasses,
legumes, brassicas and other grazable
species.
• Reduce erosion from wind and water and
transport of sediment
• Maintain or increase soil health and
organic matter content in the soil
• Improve infiltration, soil structure, and soil
water storage
Bill Michael,
Farmer,
Yellowstone
County
“At first it was hard to believe
that we were using the same
amount of water in the pivot to
water 100 acres at ¾ inch that
we had been using to irrigate
27 acres with gated pipe. Doing
water management with flow
meters before the pivot and
now, after the pivot is in, we’re
just amazed at the difference –
the efficiency. The crop under
the pivot planted with no-till is
just as good as in other fields.
The pivot really suits doing
what we want management-
wise, trying to keep the soil on
the place and saving money.
NRCS gave us advice and
helped with funding on the
cover crops. The whole
ideas is not only to help
producers acquire technology,
but to educate and provide
experience with guidance along
the way. We keep learning.
Ideas don’t always work.
But it’s the only way to make
progress.”68
mt.nrcs.usda.govUSDA is an equal opportunity provider, employer, and lender.
• Increase soil biological activity, food and
cover for wildlife
• Supplemental forage for livestock and
increase space and connectivity for
wildlife
Reduced Tillage: 1,023 acres
• Fewer field operations and less tillage
reduce the potential for soil compaction
• Increase in soil carbon
• Decrease runoff and erosion reduces
nutrients, pesticides, salts, pathogens and
sediment to surface waters
Nutrient Management: 1,399 acres
• Minimize agricultural non-point source
pollution of surface and groundwater
resources
• Utilize manure or organic by-products as
a plant nutrient source
• Optimize the storage of soil carbon
• Reduce energy costs of commercial
fertilizer
Sprinkler System: 724 acres
• Properly applied sprinkler irrigation can
reduce seeps, runoff, flooding, ponding
and subsurface flows
• Uniform water application reduces
the potential for deep percolation of
agricultural chemicals into groundwater
• Water savings may be available for
instream water use
• Facilitate more diverse crop production
opportunities
Montana
MT-2021 • January 2021
Michael Killen,
Agronomist,
Molson Coors
“Molson Coors has a goal of
reduced water usage in our
supply chain. We’ve been
working on this goal for 5
years. We’re making progress
with the help of our growers
in converting pivots and being
more efficient.
NRCS was a great help in
getting the program off the
ground. They brought EQIP
funding to these counties and
they’re a great help in working
with the growers. The growers
have really stepped up and
invested their own money when
commodities aren’t that good
price-wise. Growers go above
and beyond getting these
projects in.”
Chad Kuntz, Farmer, Yellowstone County
“We’re on the end of the ditch here and water can be short. With the flood irrigation, it took a lot of labor and there could
be a lot of erosion. In the end, with the pivot, we save a lot of water. One head will service this field now, whereas we used
4 heads before the pivot.
It’s in our best interest to conserve the land, water, and resources. Over fertilization costs money. Water is our livelihood.
We’ve seen a positive difference in a lot of yield with these changes [using conservation practices].
Years ago, we plowed, disced, and harrowed every field. We haven’t pulled the plow out in years. Reduced tillage helps
with erosion, particularly where there’s wind and lighter soil. This year, there’s been a lot of wind and we never had the
beets blow out, didn’t have to replant.”
Chad and Holly Kuntz, center, with their children and Chad’s father, Cody Kuntz. The family are
all involved in the operation.
69
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98
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?
100
Qu
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s
t
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n
s
?
101
File Attachments for Item:
6. Budget/Finance Committee Minutes 2.23.2021.
102
Minutes of City of Laurel
Budget/Finance Committee
Tuesday, February 23, 2021
Members Present: Bruce McGee
Richard Klose Scot Stokes
Others Present: Mayor Nelson Bethany Langve
The meeting was called to order by the Committee vice-chair at 5:30pm.
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.
There was no public input.
General Items –
1. Review and approve the February 9, 2021 Budget and Finance Committee meeting minutes.
Richard Klose moved to approve the minutes of the February 9, 2021 Budget and Finance
Committee meeting. Bruce McGee seconded the motion, all in favor, motion passed.
2. Review and Approve purchase requisition – The Committee was presented with a purchase
requisition from the Sewer Department for repairs to the Elm lift pump. This purchase had
previously been approved as an emergent repair by the Mayor, and it now needed to be approved
by the Budget and Finance Committee. Richard Klose made a motion to approve the purchase
requisition from the Sewer Department for the repairs to the Elm lift pump. Scot Stokes
seconded the purchase requisition, all in favor, motion passed.
3. Review and Approve purchase requisition – The Committee was presented with a purchase
requisition from the Ambulance Department for installation of air conditioning in the FAP (Fire,
Ambulance and Police) Building. The Clerk/Treasurer explained the need for the air
conditioning now that the Ambulance Department is staffed. The FAP building gets very hot in
the Ambulance area. Richard Klose made a motion to approve the purchase requisition from the
Ambulance Department for the installation of air conditioning in the FAP Building. Scot Stokes
seconded the purchase requisition, all in favor, motion passed.
4. Review and approve the May 2020 financial statements. The Committee reviewed the financial
statements and had no questions or comments. Scot Stokes made a motion to approve the May
2020 financial statements. Richard Klose seconded the motion, all in favor, motion passed.
5. Review and approve the June 2020 financial statements. The Committee reviewed the financial
statements and had no questions or comments. Scot Stokes made a motion to approve the June
2020 financial statements. Richard Klose seconded the motion, all in favor, motion passed.
6. Review and recommend approval to Council, Claims entered through 02/19/2021. The claims
and check register had previously been reviewed by the Committee. Bruce McGee made a
motion to approve the claims entered through 02/19/2021. Richard Klose seconded the motion,
all in favor, motion passed.
7. Review and approve Payroll Register for pay period ending 02/07/2021 totaling $203,294.13.
Richard Klose made a motion to recommend approval of the payroll register for pay period
ending 02/07/2021 totaling $203,294.13. Bruce McGee seconded the motion, all in favor,
motion passed.
New Business – None
103
Old Business –
8. The Mayor stated the City Attorney had not reviewed the draft resolutions to date, so there is no
update on the Meal Pay and Drill Pay resolutions. This item will be added to the next meeting
agenda.
9. The Mayor stated the City Attorney had not reviewed the draft resolutions to date, so there is no
update on the Cemetery Parking Lot. This item will be added to the next meeting agenda.
Other Items –
10. Review the Pay Period Ending 01/24/2021 Comp/Overtime Report. There were no questions or
comments from the Committee.
11. Clerk/Treasurer Update – The Clerk/Treasurer stated the 2019 Audit was finally completed.
12. Mayor Update – The Mayor stated he recently attended the monthly department head meeting,
and afterwards he met with the Ambulance Director. He stated the calls to the Ambulance
Department were up, and collections on accounts are looking good to date. The Mayor stated
growth is coming. He is expecting growth around the new school, and the new exchange. He is
focusing on the exchange area and would like to create a TIF District out in that area. He stated
the City is currently doing a Capital Improvement Plan (CIP) study. The last CIP study for City
Hall was done in 2010. He stated that at that time, it was determined the Council area side of
City Hall needed to be rebuilt. He stated the City needs increased water storage. The last City-
wide CIP study was done in 2006-2007, and this should be revised every 5 years. He stated the
CIP should be followed to ensure proper growth of the City. The Committee asked if anyone
had shown interest in developing that area by the new exchange. The Mayor stated he had heard
a rumor a Wal-Mart distribution center could possibly be built out there, but that has been a
rumor around the Laurel/Billings area for a long time. The Mayor stated he is actively pursuing
any leads he receives.
Announcements –
13. The next Budget and Finance Committee meeting will be held on March 09, 2021.
14. Richard Klose will be reviewing the 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.
104
File Attachments for Item:
7. Tree Board Minutes of February 18, 2021.
105
1
0
6
1
0
7
File Attachments for Item:
8. Public Works Committee Minutes of February 8, 2021.
108
1
0
9
1
1
0
1
1
1
1
1
2
1
1
3
1
1
4
File Attachments for Item:
9. Emergency Services Committee Minutes June 22, 2020.
115
1
1
6
1
1
7
1
1
8
1
1
9
File Attachments for Item:
10. Emergency Services Committee July 27, 2020.
120
1
2
1
1
2
2
1
2
3
File Attachments for Item:
11. Emergency Services Committee Minutes of August 24, 2020.
124
1
2
5
1
2
6
File Attachments for Item:
12. Emergency Services Committee Minutes September 28, 2020.
127
1
2
8
1
2
9
File Attachments for Item:
13. Emergency Services Committee Minutes October 26, 2020.
130
1
3
1
1
3
2
1
3
3
File Attachments for Item:
14. Emergency Services Committee Minutes of February 22, 2021.
134
1
3
5
1
3
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File Attachments for Item:
15. Laurel Urban Renewal Agency Minutes of February 22, 2021.
140
MINUTES
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, FEBRUARY 22, 2021
11:00 AM
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.
1. Roll Call
The Chair called the meeting to order at 11:02am
Don Smarsh
Janice Lehman
Mardi Spalinger
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: November 16, 2020
Members
Mardie Motioned to appove
Don Seconded.
Motion Carried.
3. Big Sky EDA Update
A number of trainings coming up (all virtual). Can tune into those via the website. One specifically for
Women, (Women on the Rise), 6 trainings, one every Wednesday.
There are a lot of options for trainings
Covid Program update: We are assisting with PPP and other loans to businesses. Big Sky Trust Fund
grant is also available for workforce and other needs.
4. Beartooth RC&D Update
New Business
5. Small Grant Application: Atkins 3rd Avenue
Members discussed the need for further.
Members would like to get further details on the project, either concept, or current status. Would like
more Details on the work being completed.
141
The Chair tabled the item until such time as the applicant provides additional information and details on
the project.
6. Small Grant Application: Rutt - Kwiki Car Wash Sign
Members reviewed the Kwiki Car Wash application. Discussed the application and the design images.
Don motioned tyo approve the application for the sign grant for Kwiki Car Wash in the amount of
Mardie Seconded.
Motion Carried.
7. Small Grant Application: Sunlight Properties - S. 1st Ave
Members
Don motioned to approved the Small Grant Application for Sunlight Properties for $2,111.14
Mardie Seconded.
Motion Carried.
Old Business
Other Items
8. Discussion: 2021 Large Grants
Nick discussed that he will be opening the Large Grants Program from March 1st to June 1st.
Discussion on projects downtown including:
Landscaping Plans
Parking Plan (angled parking)
Lighting Plan
Nick will also try to reach out to the RR for possible landscaping along the southern portion of Main
Street.
Cotter has train car on his property that could make a great RR Museum.
Members discussed increasing the Large Grant to 275,000. People are hurting and they WANT to do
projects but need help.
Don Motioned to recommend an increase the Large Grant Program Budget to $275,000.
Mardie Seconded.
Motion Carried.
Richard Herr mentioned that providing MORE information to Council is better. Provide information on
the previous grants and the impacts.
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Michelle asked if any previous recipients could come forward to vouch for the program?
Don said that many of them would definitely come back because they were greatly helped.
Mardie suggested that a letter, or other correspondence.
Richard Herr said that the Council appreciates people coming in front of them to speak about issues.
Janice asked if we can mail something out to the major property owners within the district?
Members discussed how no one knew about the program for a very long time. Have had an issue with
marketing and awareness of the program.
Michelle suggested doing a Facebook Live session to discuss LURA and its grant programs.
Form Letter
Facebook Post/Live session
Laurel Chamber of Commerce
Outlook.
Announcements
9. Adjourn
The Chair adjourned the meeting at 11:51am.
10. Next Meeting: March 15, 2021
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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File Attachments for Item:
16. Resolution No. R21-18: A Resolution Of The City Council To Amend The Large Grant
Request Program Budget Pursuant To The Recommendation Of The Laurel Urban Renewal
Agency.
144
R21-18 Modifying the Large Grant Request Program Budget
RESOLUTION NO. R21-18
A RESOLUTION OF THE CITY COUNCIL TO AMEND THE LARGE GRANT REQUEST
PROGRAM BUDGET PURSUANT TO THE RECOMMENDATION OF THE
LAUREL URBAN RENEWAL AGENCY.
WHEREAS, the City Council previously created the Laurel Urban Renewal Agency (LURA),
pursuant to Ordinance No. 08-09 as codified at Title 18, Chapters 18.02 and 18.04 of the Laurel Municipal
Code, to provide input and recommendations regarding the most effective uses of resources gained from
the Tax Increment Finance (TIF) District; and
WHEREAS, the City Council appointed a LURA Board of Commissioners, pursuant to Resolution
No. R08-123, who are responsible for providing guidance and recommendations to the City Council as to
the best use of unencumbered available tax increment funds consistent with the Urban Renewal Plan that
was additionally adopted by the City Council and codified at Chapter 18.04.020 of the Laurel Municipal
Code; and
WHEREAS, the City Council previously created a grant program called the Large Grant Request
Program and the Program initially included a maximum grant of $75,000 per eligible grantee for qualified
projects which was subsequently raised to $100,000 by the City Council; and
WHEREAS, the LURA Board of Commissioners determined that based upon the program’s success
and the increasing numbers of requests for grants, that it is in the best interest of the City to further increase
the budget from $225,000 to $275,000; and
WHEREAS, the City Council reviewed the recommendation provided by the LURA Board of
Commissioners and Staff and has determined that increasing the budget available for the Large Grant
Request Program is consistent with the goals and objectives contained in the City’s Urban Renewal Plan
and is in the best interest of the City of Laurel and its citizens.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that
the Large Grant Request Program Budget is modified and increased to $275,000. The remaining terms and
conditions of the Large Grant Request Program shall remain in effect.
Introduced at a regular meeting of the City Council on March 23, 2021, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23rd day of March 2021.
APPROVED by the Mayor this 23rd day of March 2021.
CITY OF LAUREL
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R21-18 Modifying the Large Grant Request Program Budget
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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Laurel Urban Renewal Agency
February 24, 2021
Request for Laurel Urban Renewal Agency Large Grant Program Budget Increase
Mr. Mayor and City Council Members,
The Laurel Urban Renewal Agency respectfully requests the Laurel City Council consider an
increase of the budget of the Large Project Grant program from $225,000 to $275,000. Discussions have
taken place at multiple meetings on this subject and its importance for the Tax Incremental Financing
District. Members of the Laurel Urban Renewal Agency voted on February 22, 2021 to seek an increase
of the budget for the LURA Large Grant Program to $275,000. The Large Grant Program has seen
requests for funding totaling upwards of $400,000 in recent years.
Property owners and businesses in the district have been able to utilize the Large Grant Program
to accomplish projects that would normally be out of their reach without support. Over the past two years,
downtown property owners and businesses have used the Large Grant Program to:
Acquire new property to expand their businesses,
Demolish aging and unused structures to rebuild,
Stabilize structural foundations,
Rehabilitate aging housing stock for new uses,
Improve energy efficiency of historic downtown buildings, and
Update utilities and ventilation systems for tenants
This budget increase would:
Open up new funding supports for residents and businesses,
Create more opportunities for district residents and businesses to improve the downtown district,
and
Give LURA members greater flexibility to allocate funding to prospective projects.
Thank you for your consideration on this matter.
Regards,
Nick Altonaga, CFM
Planning Director
147
File Attachments for Item:
17. Resolution No. R21-19: A Resolution Of The City Council Authorizing The Mayor To Sign
A Memorandum Of Understanding With The Laurel Lions Club And Laurel Community
Foundation Accepting Donations For Improvements At The Laurel Lion’s Family Park.
148
R21-19 Approve MOU City of Laurel, Laurel Lions and Laurel Community Foundation
RESOLUTION NO. R21-19
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A MEMORANDUM OF UNDERSTANDING WITH THE LAUREL LIONS
CLUB AND LAUREL COMMUNITY FOUNDATION ACCEPTING DONATIONS
FOR IMPROVEMENTS AT THE LAUREL LION’S FAMILY PARK.
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, Laurel Lions Club, and Laurel Community Foundation, a copy attached hereto
and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby
given authority to execute the MOU on behalf of the City.
Introduced at a regular meeting of the City Council on March 23, 2021, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23 rd day of
March 2021.
APPROVED by the Mayor this 23rd day of March 2021.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
149
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MEMORANDUM OF UNDERSTANDING
The City of Laurel (“City”), Laurel Lions Club (“Lions Club”), and the Laurel
Community Foundation (“Foundation”) enter into this Memorandum of Understanding (“MOU”)
for the purpose of formalizing their mutual agreement to transfer funds from the Lions Club and
Foundation to the City of Laurel for the purpose of providing financial assistance to the City for
the on-going project located at the Laurel Lion’s Family Park, located in Laurel, Montana. The
project constitutes the design and construction of a fishing pier and trail improvements and
hereinafter shall be referred to as “Project.”
WHEREAS, the City of Laurel applied for grant funds from the Montana Department of
Justice, Natural Resource Damage Program (“MTDOJ”) to be utilized for the planning, design
and construction of an eligible restoration project as part of MTDOJ’s settlement of a local oil
spill;
WHEREAS, the City entered into an agreement per City Council Resolution No. R20-68
with MTDOJ to construct a fishing pier and trail improvements at the Laurel Lion’s Park as an
eligible restoration project;
WHEREAS, the Lions Club and Foundation collected donated funds through the Lions
International and other local donors to provide as matching funds to the City to support the
Project; and
WHEREAS, in order to assist the City to pay for the engineering and construction of the
Project it will be necessary to transfer both the Lions Club and Foundation’s respective funds to
the City to help pay for a portion of the overall Project; and
WHEREAS, the City, Lions Club, and Foundation enter into this MOU to accomplish the
transfer and payment of funds for the Project.
International Grant Funds and to the City for the purpose of paying for expenses related to the
project; and
BASED on the recitals, the City, Lions Club, and foundation agree as follows:
1. The City will initially front the cost of engineering and construction for the Project so
long as the Parties agree to utilize a competitive bid process and as a result of the bid
process there are sufficient grant funds to pay for the Project.
2. If there are sufficient grant funds available to construct the Project, the City shall
award the Project to the lowest responsible competitive bidder that is in the best
interest of the Parties in order to proceed with the Project.
3. The City shall first utilize MTDOJ grant funds to pay for the construction. The City
shall notify the Lion’s Club and Foundation when the City’s MTDOJ grant funds are
spent. The Lions Club and Foundation agree to transfer their grant funds to the City
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to pay for the remaining construction to complete the Project within ten (10) business
days of receiving notice from the City.
4. The Parties acknowledge and agree that if it appears the total amount of available
grant funds are not sufficient to pay for the Project, the City may rebid, postpone or
terminate the Project until sufficient funds are available to proceed with construction
of the Project. Any delay in the Project may jeopardize the availability of the
MTDOJ grant funds.
Dated this__________day of_________________, 2021
__________________________________
City Mayor
Dated this__________day of_________________, 2021
__________________________________
Laurel Lions Club President
Dated this__________day of_________________, 2021
__________________________________
Laurel Community Foundation
151
File Attachments for Item:
18. Resolution No. R21-20: A Resolution Of The City Council Authorizing The Mayor To Sign
A Contract With Rocky Mountain Doors For The Purchase And Installation Of A Door For The
City’s Water Plant.
152
R21-20 Approve Contract Rocky Mountain Doors
RESOLUTION NO. R21-20
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH ROCKY MOUNTAIN DOORS FOR THE PUCHASE
AND INSTALLATION OF A DOOR FOR THE CITY’S WATER PLANT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract (“Contract”)
recommended by the Mayor, City Attorney and Staff, is attached hereto and incorporated
herein and is hereby approved.
Section 2: Adoption. The Mayor and City Clerk are hereby authorized to execute the
Contract on the City’s behalf.
Introduced at a regular meeting of the City Council on March 23, 2021, by Council
Member ____.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
23rd day of March 2021.
APPROVED by the Mayor this 23rd day of March 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
153
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INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 23rd day of March, 2021, between the City of
Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose
address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Rocky Mountain
Doors, a contractor licensed to conduct business in the State of Montana, whose address is 131 Moore
Lane Billings, MT 59101, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated January 29, 2021, attached hereto as Exhibit “A” and by this reference
made part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties.
Contractor shall complete the services within 60 days of commencing work. The parties may extend
the term of this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with
the specifications and requirements of this contract, any applicable Montana Public Work Standard(s)
and Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor eighteen thousand seven hundred ninety one dollars and sixty six
cents ($18,791.66) for the work described in Exhibit A. Any alteration or deviation form the described
work that involves extra costs must be executed only upon written request by the City to Contractor
and will become an extra charge over and above the contract amount. The parties must agree to extra
payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice
for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose
hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or
handbook and shall not be considered a City employee for workers’ compensation or any other
purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings,
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agreements or sub-contracts in any dealings between Contractor and any third parties. The City is
interested solely in the results of this contract. Contractor is solely responsible for all work and work
product under this contract, including techniques, sequences, procedures, and means. Contractor shall
supervise and direct the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee
is paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the
City. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and at no additional
cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that
such defective or nonconforming condition has been corrected. Contractor warrants the corrective
action taken against defective and nonconforming conditions for a period of an additional one (1) year
from the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of
the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all
damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss;
provided, however, should the damage or loss be caused by an intentional or negligent act of the City,
the risk of such loss shall be placed on the City.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the
time of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from
any and all losses, damage and liability occasioned by, growing out of, or in any way arising or
resulting from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations.
Contractor shall either possess a City business license or shall purchase one, if a City Code requires a
business license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit
and qualification and further that Contractor shall not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting
party may bring suit for damages, specific performance, and any other remedy provided by law except
for punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the
successful party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and
written consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or
subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this
contract shall remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not
be used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF MARCH, 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Rocky Mountain Doors
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
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File Attachments for Item:
19. Resolution No. R21-21: A Resolution Of The City Council Authorizing The Mayor To Sign
A Contract With CIP Construction Technologies, Inc. For The Rehabilitation And Repair Of
Certain Sewer Manholes For The City Of Laurel.
161
R21-21 Approve Contract CIP Construction Technologies, Inc
RESOLUTION NO. R21-21
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH CIP CONSTRUCTION TECHNOLOGIES, INC. FOR
THE REHABILITATION AND REPAIR OF CERTAIN SEWER
MANHOLES FOR THE CITY OF LAUREL.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract (“Contract”)
recommended by the Mayor and Staff, is attached hereto and incorporated herein and by
adoption of the resolution, hereby approved.
Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized
to execute the Contract on the City’s behalf.
Introduced at a regular meeting of the City Council on March 23, 2021, by Council
Member ____.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
23rd day of March 2021.
APPROVED by the Mayor this 23rd day of March 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
162
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 23rd day of March, 2021, between the City of
Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose
address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and CIP
Construction Technologies, Inc., a contractor licensed to conduct business in the State of Montana,
whose address is 134 1st Ave W Kalispell, MT 59901, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated March 15, 2021, attached hereto as Exhibit “A” and by this reference made
part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties.
Contractor shall complete the services within 60 days of commencing work. The parties may extend
the term of this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with
the specifications and requirements of this contract, any applicable Montana Public Work Standard(s)
and Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor seventeen thousand four hundred eighty five dollars and no cents
($17,485.00) for the work described in Exhibit A. Any alteration or deviation form the described work
that involves extra costs must be executed only upon written request by the City to Contractor and
will become an extra charge over and above the contract amount. The parties must agree to extra
payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice
for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose
hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or
handbook and shall not be considered a City employee for workers’ compensation or any other
purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings,
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agreements or sub-contracts in any dealings between Contractor and any third parties. The City is
interested solely in the results of this contract. Contractor is solely responsible for all work and work
product under this contract, including techniques, sequences, procedures, and means. Contractor shall
supervise and direct the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee
is paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the
City. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and at no additional
cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that
such defective or nonconforming condition has been corrected. Contractor warrants the corrective
action taken against defective and nonconforming conditions for a period of an additional one (1) year
from the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of
the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all
damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss;
provided, however, should the damage or loss be caused by an intentional or negligent act of the City,
the risk of such loss shall be placed on the City.
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J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the
time of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from
any and all losses, damage and liability occasioned by, growing out of, or in any way arising or
resulting from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations.
Contractor shall either possess a City business license or shall purchase one, if a City Code requires a
business license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit
and qualification and further that Contractor shall not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting
party may bring suit for damages, specific performance, and any other remedy provided by law except
for punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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Page 4 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the
successful party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and
written consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or
subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this
contract shall remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not
be used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF MARCH, 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor CIP Construction Technologies, Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
167
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6
8
File Attachments for Item:
20. Resolution No. R21-22: A Resolution Of The City Council Authorizing The Mayor To Sign
A Contract With Laurel Power Systems For Purchase And Installation Of A New Aftercooler
For The City’s Water Treatment Plant.
169
R21- Approve Contract Laurel Power Systems
RESOLUTION NO. R21-__
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN A CONTRACT WITH LAUREL POWER SYSTEMS FOR PURCHASE AND
INSTALLATION OF A NEW AFTERCOOLER FOR THE
CITY’S WATER TREATMENT PLANT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract (“Contract”)
recommended by the Mayor and Staff, is attached hereto and incorporated herein and by
adoption of the resolution, hereby approved.
Section 2: Adoption and Execution. The Mayor and City Clerk are hereby authorized
to execute the Contract on the City’s behalf.
Introduced at a regular meeting of the City Council on __________, 2021, by Council
Member ____.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this
___ day of _______________2021.
APPROVED by the Mayor this ___ day of _________________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
170
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 23rd day of March, 2021, between the City of
Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose
address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Laurel Power
Systems, a contractor licensed to conduct business in the State of Montana, whose address is P.O. Box
514 Laurel, MT 59044, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated March 10, 2021, attached hereto as Exhibit “A” and by this reference made
part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties.
Contractor shall complete the services within 60 days of commencing work. The parties may extend
the term of this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with
the specifications and requirements of this contract, any applicable Montana Public Work Standard(s)
and Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor fifteen thousand five hundred eighteen dollars and seventy five cents
($15,518.75) for the work described in Exhibit A. Any alteration or deviation form the described work
that involves extra costs must be executed only upon written request by the City to Contractor and
will become an extra charge over and above the contract amount. The parties must agree to extra
payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice
for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose
hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or
handbook and shall not be considered a City employee for workers’ compensation or any other
purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings,
171
Page 2 of 5
agreements or sub-contracts in any dealings between Contractor and any third parties. The City is
interested solely in the results of this contract. Contractor is solely responsible for all work and work
product under this contract, including techniques, sequences, procedures, and means. Contractor shall
supervise and direct the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee
is paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all m aterials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the
City. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the
defective or nonconforming condition within a time frame acceptable to the City and at no additional
cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that
such defective or nonconforming condition has been corrected. Contractor warrants the corrective
action taken against defective and nonconforming conditions for a period of an additional one (1) year
from the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of
the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all
damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss;
provided, however, should the damage or loss be caused by an intentional or negligent act of the City,
the risk of such loss shall be placed on the City.
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Page 3 of 5
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the
time of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from
any and all losses, damage and liability occasioned by, growing out of, or in any way arising or
resulting from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations.
Contractor shall either possess a City business license or shall purchase one, if a City Code requires a
business license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit
and qualification and further that Contractor shall not discriminate on the basis of race, color, religion,
creed, political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting
party may bring suit for damages, specific performance, and any other remedy provided by law except
for punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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Page 4 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the
successful party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may no t be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and
written consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or
subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this
contract shall remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not
be used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 23rd DAY OF MARCH, 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor Laurel Power Systems
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
175
Laurel Power Systems
P.O. Box 514
Laurel, MT 59044
(406) 690-0601
jourdan@laurelpowersystems.com
www.laurelpowersystems.com
Estimate
ADDRESS
City of Laurel
P.O. Box 10
Laurel, MT 59044
SHIP TO
Water Treatment Plant
ESTIMATE #DATE
1001 03/10/2021
ACTIVITY DESCRIPTION QTY RATE AMOUNT
03/10/2021
Parts New Aftercooler and all associated parts and gaskets 1 14,598.75 14,598.75T
Labor R&R for aftercooler and associated parts 1 920.00 920.00T
SUBTOTAL 15,518.75
TAX (0%) 0.00
TOTAL $15,518.75
Accepted By Accepted Date
176
File Attachments for Item:
21. Ordinance No. O21-02: An Ordinance Amending Certain Chapters Of Title 14 Of The
Laurel Municipal Code Relating To The Adoption And Enforcement Of Building Codes For The
City Of Laurel As Required By The State Of Montana.
177
Ordinance No. O21-02 LMC Title 14 Building and Construction Amendments
ORDNANCE NO O21-02
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 14 OF THE LAUREL
MUNICIPAL CODE RELATING TO THE ADOPTION AND ENFORCEMENT OF BUILDING
CODES FOR THE CITY OF LAUREL AS REQUIRED BY THE STATE OF MONTANA.
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 Department Staff worked with Building Officials from the
State of Montana to prepare the amendments to the Laurel Municipal Code to remain consistent and in
accordance with the rules adopted by the State of Montana, Building Codes Bureau.
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the
existing Title 14 as noted herein and hereby recommends the same to the City Council for their full
approval.
Title 14
BUILDINGS AND CONSTRUCTION
Chapter 14.12 - INTERNATIONAL BUILDING CODE, 2018 EDITION
NEW SECTIONS:
14.12.030 – Modifications to the International Building Code
A. Section 101.1 – Insert: City of Laurel – So that it reads: These regulations shall be known as the
Building Code of City of Laurel, hereinafter referred to as “this code.”
B. Section 1612.3 – Insert: Yellowstone County, Montana and Incorporated Area and November 6,
2013 – So that it reads: “The Flood Insurance Study for Yellowstone County, Montana and
Incorporated Area dated November 6, 2013, as amended or revised with the accompanying Flood
Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related
supporting data along with any revisions thereto.
14.12.040 – Violation – Penalty
Any person violating a provision of this chapter may, upon conviction thereof, be punished as set
forth in Section 1.36.010 of this code.
178
Ordinance No. O21-02 LMC Title 14 Building and Construction Amendments
Chapter 14.16 - INTERNATIONAL RESIDENTIAL BUILDING CODE, 2018 EDITION
NEW SECTIONS:
14.16.030 – Modifications to the International Residential Building Code
A. Section R101.1 – Insert: City of Laurel – So that it reads: These provisions shall be known as the
Residential Code for One- and Two-family Dwellings of City of Laurel and shall be cited as such
and will be referred to herein as “this code”.
14.16.040 – Violation – Penalty
Any person violating a provision of this chapter may, upon conviction thereof, be punished as set
forth in Section 1.36.010 of this code.
Chapter 14.18 - INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION
NEW SECTIONS:
14.18.030 – Modifications to the International Existing Building Code.
A. Section 101.1 – Insert: the City of Laurel – So that it reads: These regulations shall be known as
the Existing Building Code of the City of Laurel, herein referred to as “this code”.
14.18.040 – Violation – Penalty
Any person violating a provision of this chapter may, upon conviction thereof, be punished as set
forth in Section 1.36.010 of this code.
Chapter 14.22 - INTERNATIONAL ENERGY CONSERVATION CODE, 2018 EDITION
NEW SECTIONS:
14.22.030 – Modifications to the International Energy Conservation Code.
A. Section C101.1 – Insert: the City of Laurel – so that the section reads; This code shall be known as
the Energy Conservation Code of the City of Laurel, and shall be cited as such. It is referred to herein as
“this code”.
B. Section R101.1 – Insert: the City of Laurel – so that the section reads: This code shall be known as
the Energy Conservation Code of the City of Laurel, and shall be cited as such. It is referred to herein as
“this code”.
14.22.040 – Violation – Penalty
Any person violating a provision of this chapter may, upon conviction thereof, be punished as set
forth in Section 1.36.010 of this code.
179
Ordinance No. O21-02 LMC Title 14 Building and Construction Amendments
Chapter 14.23 - INTERNATIONAL SWIMMING POOL AND SPA CODE, 2018 EDITION
NEW SECTIONS:
14.16.030 – Modifications to the International Swimming Pool and Spa Code
A. Section 101.1 – Insert: The City of Laurel – So that it reads: These regulations shall be known as
the Swimming Pool and Spa Code of the City of Laurel, hereinafter referred to as “this code”.
B. Section 105.6.2 shall be amended to read – The fees for work shall be as established in the fee
schedule adopted by resolution of the City Council.
14.16.040 – Violation – Penalty
Any person violating a provision of this chapter may, upon conviction thereof, be punished as set
forth in Section 1.36.010 of this code.
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 March 23, 2021,
by Council Member ___________________.
PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of
________________, 2021, upon motion of Council Member __________________.
APPROVED BY THE MAYOR this ___ day of _______________, 2021.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
180