HomeMy WebLinkAboutCouncil Workshop Packet 04.06.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, APRIL 06, 2021
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, 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.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
1. Appointment of Jake Worden to the Laurel Volunteer Fire Department.
2. Appointment of Russ Bunn, Andrew Zimermann, Mariel Riley, and Amanda Hemmen to the
Laurel Volunteer Ambulance Service.
3. Appointment of Katie Fjelstad to the Library Board for the remainder of a five-year term
ending 6/30/2023.
Executive Review
4. Resolution - A Resolution Of The City Council Approving A Three-Year Agreement Between
The City Of Laurel And Local Union Local 303, American Federation Of State, County And
Municipal Employees, AFSCME.
5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Request A Traffic
Study For A Portion Of West Main Street Within The City Of Laurel.
6. Resolution - A Resolution Of The City Council Granting A Variance From The City’s Zoning
Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement
And Building Design Standards On A Parcel Of Property Located On East Railroad Street.
7. Resolution - A Resolution Approving A Zone Change For Property Located At 801 East Main
Street Within The City Of Laurel.
8. 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.
Council Issues
9. Kids Kingdom Equipment Replacement Discussion
Other Items
Review of Draft Council Agendas
10. Draft Council Agenda for April 13, 2021.
Attendance at Upcoming Council Meeting
Announcements
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate i n 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
1
File Attachments for Item:
1. Appointment of Jake Worden to the Laurel Volunteer Fire Department.
2
3
File Attachments for Item:
2. Appointment of Russ Bunn, Andrew Zimermann, Mariel Riley, and Amanda Hemmen to the
Laurel Volunteer Ambulance Service.
4
C I T Y O F L A U R E L
MONTANA
EMERGENCY MEDICAL SERVICES
215 W 1ST ST
LAUREL, MONTANA – 59044
OFFICE: (406) 628 – 1611 | DISPATCH: (406) 628 - 8737
Dear Mayor and City Council,
We are excited to announce that we have EMS providers interested in joining our EMS service as volunteers. We
have interviewed the following people and would be excited to bring them onto our team.
- Ross Bunn, paramedic, Ross was a Medic in the Army and also an AMR medic for many years. Ross also
spends countless hours volunteering his time to teach at EMT classes. He is currently going through
electrician school but misses patient care, teaching EMS providers and running on an ambulance and feels
like this would be a perfect fit. I believe he will be a great asset to our team.
- Andrew Zimermann, EMT, he has EMS experience from serving as a volunteer in Worden for many years.
He also spends countless hours volunteering his time teaching at EMT class. Andre w is a hard worker with
excellent skills and will be a great fit for our team.
- Mariel Riley, EMT, she is a new EMT, however is currently gaining experience by working at AMR, her goal
is to become a paramedic and she works with some of our providers and feels that she would love to
spend time volunteering for Laurel to gain greater experience and work with our team .
- Amanda Hemmen, EMT, is a fairly new licensed EMT currently gaining patient care experience in the StVs
ED. Her goal is to become a physician but she has a strong desire to provide care in a prehospital setting.
We feel that her personality and desire to learn will be a great fit for our team .
Thank you very much for your consideration on these candidates.
Lyndy Gurchiek, NRP, Director
Laurel EMS
215 W 1st Street
Laurel, MT 591044
lgurchiek@laurel.mt.gov
406-860-8233
5
File Attachments for Item:
3. Appointment of Katie Fjelstad to the Library Board for the remainder of a five-year term
ending 6/30/2023.
6
7
8
9
File Attachments for Item:
4. Resolution - A Resolution Of The City Council Approving A Three-Year Agreement Between
The City Of Laurel And Local Union Local 303, American Federation Of State, County And
Municipal Employees, AFSCME.
10
R21___ Local 303 Union Agreement Approval
RESOLUTION NO. R21-___
A RESOLUTION OF THE CITY COUNCIL APPROVING A THREE-YEAR
AGREEMENT BETWEEN THE CITY OF LAUREL AND LOCAL UNION
LOCAL 303, AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFSCME.
WHEREAS, the City of Laurel and the above Union have been actively negotiating a labor
agreement through their respective negotiation teams; and
WHEREAS, the negotiating teams arrived at an agreement through collective bargaining efforts and
have prepared the final written agreement in which all modifications, additions or deletions have been
written and approved by a vote of the Union membership; and
WHEREAS, the Agreement provides a three-year agreement as contained in the attached agreement;
and
WHEREAS, the City Council must next approve the attached agreement in order to finalize and
implement the agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The attached agreement between the City of Laurel and the Union is
hereby approved.
Section 2: Execution. The Mayor, Clerk-Treasurer and City’s negotiating team are hereby
given authority to execute said agreement on behalf of the City.
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 this ___ day of
________________, 2021.
APPROVED by the Mayor this ____ day of __________ 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
11
1
AGREEMENT
BETWEEN
THE CITY OF LAUREL
AND
LOCAL 303
AMERICAN FEDERATION OF STATE
COUNTY & MUNICIPAL EMPLOYEES
MONTANA STATE COUNCIL 9
AFL-CIO
REPRESENTING THE
EMPLOYEES OF THE
CITY OF LAUREL, MONTANA
JULY 1, 2021 – JUNE 30, 2024
12
2
TABLE OF CONTENTS
Agreement……………………………………...……………….….…………...….……...……1
Article I – Recognition…….…………….………………….……...…………………...…...….1
Article II – Union Security…….…………………...……………….………….…….…………1
Article III – Dues Assignment....…….………….…………………….…………………….….1
Article IV – Management Rights…….……………………………………………….…….….2
Article V – Nondiscrimination…………….………………………………………….…………2
Article VI – Strikes and Lockouts…………………………….…………………….………….3
Article VII – Seniority…………………………………….…………….……………………….3
Article VII – Hours of Work……………………………………….…………….……………...5
Article IX – Compensation…………………….………………………….………………...….7
Article X – Holidays……………….…………………………….…...….……………….……10
Article XI – Annual Vacation Leave…………………….………………….………………...11
Article XII – Sick Leave………………………….………………………...………………….12
Article XIII – Leave with or Without Pay………………………………….….……………...14
Article XIV – Working Conditions……………………….…………………….………...……17
Article XV – Health, Safety and Welfare………………….........................................……19
Article XVI – Job Posting………………….……………………………….………………....21
Article XVII – Discipline…………………………………...……………………….………….22
Article XVIII – Grievance Procedure…………...………………….…………….……….….23
Article XIX – Savings Clause……………………………...………………….………………26
Article XX – Terms, Amendments, and Modifications of the Agreement…….………….27
Classification Appeal……………………….………………………………………………....28
Addendum “A” – Classification………………….….………………………………………...29
Addendum “B” – Wages………………...…………………………………………………….30
Addendum “C” – Longevity……………………………...…...……………………………….32
Addendum “D” – Maximum Penalties Noted for 1st, 2nd, and 3rd Offense…....………….33
Addendum “E” – Police Officer STEP System….….…...….…...………………………….35
Addendum “F” – Police/Dispatch Retention System……………….………………………36
13
1
AGREEMENT
This Agreement is made and entered into by and between the City of Laurel, Yellowstone
County, Montana, hereinafter referred to as “Employer”, and Local 303, American Federation of
State, County and Municipal Employees, AFL-CIO, Laurel, Montana, hereinafter referred to as
“Union” and “Employee(s)”.
WITNESS: In consideration of the mutual covenants herein set forth which have been
mutually agreed to, the Employer and the Union agree to be bound as follows:
ARTICLE I – RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining agent for all
employees of the Laurel Police Department, as listed by classification in Addendum “A”,
attached and by this reference made a part of this Agreement as though fully set forth herein,
excluding elected and appointed officials, supervisory employees, management officials, and
members of any City Board or Commission.
ARTICLE II – UNION SECURITY
Section 1. Membership Information: The Union shall receive ample opportunity to
provide membership information to Union-represented positions during the employee
onboarding process. The City and the Union shall work together to ensure reasonable access
during the onboarding process through either in-person presentations or other avenues.
The Union and the City agree that the City may not interfere with, restrain, or coerce employees
in the exercise of rights guaranteed in 39-31-201, MCA. The parties further agree that the City
shall direct all newly hired employees and current employees who have questions and concerns
regarding Union membership to contact the Union-designated representatives.
Section 2. The Union shall indemnify and hold the Employer harmless, for any action that
the Employer takes in response to any written request of the Union, by certified mail, to
terminate an employee for reasons identified in Article II, Section 1.
ARTICLE III – DUES ASSIGNEMENT
Section 1. The Employer agrees to accept and honor voluntary written assignments of
wages or salaries due employees covered by this Agreement for union dues, initiation fees, or
agency shop fees.
Section 2. The amounts to be deducted shall be certified to the Employer by the Secretary
of the Union, and the aggregate deductions of all employees shall be remitted, together with an
14
2
itemized statement, to the Treasurer of the Union within five (5) working days after payroll
warrants are issued.
Section 3. The Union agrees to hold harmless the Employer from any loss or damage
arising from the operation of this Article due to unintentional errors.
ARTICLE IV – MANAGEMENT RIGHTS
Section 1. Rights of the Employer: The Union recognizes that the Employer has the
responsibility and authority to manage and direct, on behalf of the public, all of the operations
and activities of the Employer to the full extent authorized by law.
Section 2. Management Rights: Public employees and their Representatives shall
recognize the prerogatives of the Employer to operate and manage its affairs in such areas, but
not limited to: (MCA 39-31-303)
a. Direct employees;
b. Hire, promote, transfer, assign and retain employees;
c. Relieve employees from duties because of lack of work or funds or under
conditions where continuation of such work would be ineffective or
unproductive;
d. Maintain the efficiency of government operations;
e. Determine the methods, means, job classifications and personnel by which
the government operations are to be conducted;
f. Take whatever actions may be necessary to carry out the mission of the
Employer in situations of emergency;
g. Establish the methods and processes by which work is performed.
Section 3. Effective Laws, Rules and Regulations: The parties recognize the right,
obligation, and duty of the Employer, and its duly designated officials, to promulgate rules,
regulations, directives, and orders from time to time as deemed necessary in so far as such
rules, regulations, directives, and orders are not in conflict with the terms of this Agreement. All
terms of this Agreement are subject to the laws of the State of Montana, federal laws, and valid
rules, regulations, and orders of the state and federal governmental agencies.
ARTICLE V – NONDISCRIMINATION
Section 1. It is agreed between the parties that each will fully comply with applicable laws
and regulations regarding discrimination against any employee or applicant for employment, or
any applicant for Union membership, because of a person’s race, religion, color, national origin,
age, marital status, sex or disability.
15
3
Section 2. It is further recognized that no employee shall be discharged or discriminated
against by the Employer for such employee upholding Union principals or Union activities.
ARTICLE VI – STRIKES AND LOCKOUTS
Section 1. There shall not be any layoffs due to contracting out of bargaining unit work
during the term of this Agreement.
Section 2. The Union and City agree to abide by state law (MCA 39-31-501 through MCA
39-31-505), regarding binding arbitration, for all positions under this contract as set out in
Addendum “A”.
Section 3. The Union recognizes that the Employer has statutory and other rights and
obligations in contracting for matters relating to municipal operations. The right of contracting or
subcontracting is vested in the Employer. The right to contract or subcontract shall not be used
for the purpose or intention of undermining the Union, nor to discriminate against any of its
members.
ARTICLE VII – SENIORITY
Section 1. Seniority means an employee’s length of continuous service with the Employer
since his/her last date of hire.
Section 2. Seniority with the Employer may be affected by:
a. To be absent from the job due to layoffs will be considered lost time for
the purpose of seniority; however, previous service upon re-employment
shall count towards seniority.
b. To be absent from the job due to a leave of absence without pay that
exceeds fifteen (15) calendar days will be considered lost time for the
purpose of seniority; however, previous service upon re-employment shall
count towards seniority.
c. To be absent from the job due to active military leave will not affect
seniority. Time spent in military service will count towards seniority. After
completion of military service, the Employer shall re-hire such persons in
accordance with applicable federal law.
d. An employee’s continuous service for purposes of seniority shall be
broken by voluntary resignation, discharge for just cause, and by
retirement.
(1) Seniority shall stop accumulating, but not be forfeited, when an
employee is transferred or promoted to a position not covered by
this Agreement. Should a qualified employee of the Laurel Police
Department not covered by this Agreement return to a covered
16
4
open position, his/her seniority shall resume upon the assumption
of the covered position.
(2) If the employee does not successfully complete the probationary
period in the new position and is returned to an open covered
position by the City, the employee’s seniority continues without
interruption. If an employee returns to an open covered position
during the probationary period of his/her own will, his/her seniority
resumes where it stopped accumulating.
e. Absences due to injury in the line of duty shall be considered time worked
for the purposes of determining seniority and granting of any benefits,
which are based upon seniority covered by this Agreement.
Section 3. The Employer shall recognize seniority and minimum qualifications in awarding
promotions to employees when filling newly created or vacated positions, or when filling special
duty assignments within the Police Department. If qualifications are equal, seniority shall prevail.
It is the intention of the parties of this Agreement that the Employer shall grant preference to
current employees.
Section 4. Layoffs caused by reduction in force shall be in order of seniority within the City;
that is, the last employee hired shall be the first released. Full-time and part-time employees
who are scheduled to be released shall be given at least ten (10) working days’ notice. All
recalls to employment shall likewise be in order of seniority within the City; that is, the last
employee released as a result of reduction in force shall be the first rehired when the Employer
needs additional employees. The Employer shall notify such employees to return to work on a
certain date and furnish the Union Secretary a copy of such notification, and if the employee
fails to notify the Employer within five (5) working days of his/her intentions to return to work, the
employee shall be considered as having forfeited his/her right to re-employment. No regular
established employee shall be laid off while there are still seasonal employees working for
Employer.
Section 5. If Employer fails to provide ten (10) working days’ notice to the employee, and
employee is terminated without cause, under the layoff provisions herein, said employee shall
be granted two (2) weeks’ pay at his/her regular rate of pay.
Section 6. Employees may protest their seniority designation through the usual
grievance procedures if they have cause to believe an error has been made.
Section 7. Application of Seniority to Overtime and Call -Outs: The Employer agrees there
is one seniority list for the purpose of overtime and call-out within the Police Department.
Employer shall consider the position involved and the purpose of the overtime and/or call-out.
Section 8. Seniority in a position will take priority when two employees hold the same position
on a special duty assignment (detective, drug unit, school resource officer), and one position is
eliminated.
Formatted: Left
17
5
ARTICLE VIII – HOURS OF WORK
Section 1. Workweek: A standard workweek shall consist of forty (40) hours, and shall
begin at 6 a.m. Monday and shall terminate at 5:59 a.m. on the Monday following. This shall
exclude the 6/3 rotation set out below.
Section 2. Work period: Work periods for the positions identified in Addendum “A” may
include, but is not limited to, the following:
a. A 5/2 rotation, composed of any five (5) consecutive eight (8) hour
workdays immediately followed by two (2) days off, consisting of forty (40)
hours.
b. A 4/3 rotation, composed of four (4) consecutive ten (10) hour days with
three consecutive days off, consisting of forty (40) hours.
c. A 6/3 rotation, composed of those positions that will provide the primary
24-hour coverage and consists of six consecutive workdays of 8½ hours
each followed by three consecutive days off.
d. A 3.5/3.5 rotation, composed of three (3) consecutive twelve (12) hour
days and a four (4) hour day followed by three and one-half (3.5)
consecutive days off, consisting of forty (40) hours.
e. A 2/2/3 rotation, composed of two weeks of shifts, where the
blocks of on and off days follow a 2-2-3 pattern. Officers are divided into
two equal teams working rotating 12-hour shifts as follows. (Note: this
schedule must begin on a Monday.) The parties agree this schedule
does not constitute a 2/3/2 Individual Schedule.
1. Team one will work 2 days on, 2 days off, 3 days on, 2
days off, 2 days on, and 3 days off.
2. Team two will work 2 days off, 2 days on, 3 days off, 2
days on, 2 days off, and 3 days on.
3. Personnel assigned to the 2-2-3 schedule will forfeit any
and all shift differential payments. Forfeiture of differential
payments will only be while the 2-2-3 schedule is in use
and only those assigned to work the 2-2-3 schedule.
4. When working a 2-2-3 schedule any employee that works
more than 80 hours in a 14-day work period will receive
overtime pay for any hours worked above the 80 hours.
18
6
f. “Cover Shift” position will work regular schedules, except when relieving a
shift person who is off on approved leave, or in case of sick leave. In
case of a short back situation, Employer may require “cover shift” position
to take an (8) hour break when transitioning back to his/her regular shift
for purposes of safety.
“Cover shift” position will assume the days off and the work hours of the
person he/she is relieving, unless he/she is only filling in for less than a
week.
g. The work period for part-time personnel shall be assigned as needed by
the Employer’s Chief of Police or designee.
h. The shift schedule and work period set out above may be changed by
mutual agreement between the Union and Employer’s Chief of Police or
designee.
Section 3. Work Schedule:
a. All employees shall be scheduled to work on a regular work shift and
each work shift shall have a regular starting and quitting time, except in
cases of emergency when life or property are in imminent danger and for
the employee in the “cover shift” position.
b. Police officers and Dispatchers shall bid for shifts three times each year
and shall begin on the first Monday of a new pay week in the months of
January, June and September. Police Officers shall bid shifts three times
each year and shall begin on the first Monday of a new pay week in the
month of January. Shift bids for the months of May/June and
August/September shall be on the first Monday of a new pay week to
coincide with the beginning and ending of the school year (Shift bids will
coincide with the vacation request. Each employee will have five (5)
calendar days to complete their request at which time it will proceed to
the next employee in order of seniority. Employees who fail to bid in the
appropriate time frame will forfeit their opportunity to bid and will move to
the bottom of the bidding list. The Chief of Police or designee will post the
shift bid allowing enough time for all bidding employees to use their five
(5) calendar days.) The schedule may be changed upon the mutual
agreement of the Union and Employer’s Chief of Police or designee. No
overtime will be earned or straight time lost as a result of a shift change
that is the result of shift bidding.
c. Employer’s Chief of Police or designee may assign a probationary officer
any shift deemed appropriate and the assignment will take precedence
over shift bidding.
Formatted: Indent: Left: 1"
Formatted: Strikethrough
19
7
d. Employees may trade shifts voluntarily, subject to the following
limitations:
1) The trade cannot affect overtime earnings for either employee;
2) No more than 3 consecutive days may be traded in any month;
3) The employee originally assigned a shift remains responsible
that the shift is covered; and
4) A shift trade is an agreement between employees and in doing
so the employees agree to hold Employer harmless.
e. After shift bid is completed, two employees may request to trade the
remainder of the shift bidding if the circumstances support determination
that a trade is necessary by the Employer’s Chief of Police or designee
and Union president.
f. Employer’s Chief of Police or designee may assign a particular employee
to a shift for one rotation for the betterment of the employee and Police
Department.
g. Work schedules showing the employee’s shifts, workdays and hours shall
be posted. Except for emergency situations, work schedules shall not be
changed except for the employee in the “cover shift” position on the 6/3
rotation.
h. All positions set out in Addendum “A” shall be considered shift workers
unless specifically agreed and identified otherwise.
Section 4. Lunch and Rest Periods:
a. All employees shall be granted a paid lunch period of 30 minutes during
each work shift consisting of more than four (4) hours. Employees are
subject to call out during the break.
b. Two rest breaks of fifteen (15) minutes are provided, one in each half of
the workday. The time and place of the rest period shall be determined
by the supervisor.
20
8
ARTICLE IX – COMPENSATION
Section 1. Salaries, Wages and Longevity:
a. Employee classification and conditions relative to and governing wages,
salaries, or extraordinary pay rates are contained in Addendum “B” to this
Agreement, which is attached to and by this reference made a part hereof
as though fully set forth herein.
b. Longevity pay benefits are contained in Addendum “C” to this Agreement,
which is attached and by this reference made a part hereof as though
fully set forth herein.
c. It is mutually agreed between the parties that compensation will be paid
on or before 9:00 a.m. every other Friday following completion of the work
period.
Section 2. Overtime:
a. Time worked outside the employee’s regular shift schedule shall be
compensated at time and one-half.
b. An employee that works more than sixteen (16) continuous hours or over
sixteen total hours in a work day will be compensated at two (2) times
their normal rate of pay for each hour after the 16th hour.
c. No employee shall work more than sixteen consecutive hours unless in
case of emergency.
d. Scheduled overtime is defined as the filling of a shift and is subject to the
scheduled overtime guidelines.
e. Situational overtime is defined as an incident requiring a specific
employee or employee type.
f. An employee shall receive short back pay of 16 hours (double time) at
their regular rate of pay if they are scheduled to work with less than 8
hours rest period between shifts in a 24-hour period to receive 40 hours
within the workweek. Short back pay does not apply to an overtime
situation or as a result of shift bidding.
g. No overtime shall be worked without the approval of his/her supervisor.
h. Employees shall not be required to suspend work during regular hours to
absorb overtime.
i. Overtime shall be paid in half-hour (1/2) increments as follows:
21
9
0 – 30 minutes = ½ hour
31 - 60 minutes = 1 hour
j. When computing overtime, sick leave or vacation time taken during the
workweek will be considered time worked.
k. The drug investigator shall not be required to be available for scheduled
overtime. For scheduled overtime, the first person offered the overtime
will be the most senior employee, and then continuing to the most junior
employee scheduled off during the day the overtime is needed.
If none of the employees on their day off wish to work the scheduled
overtime, the employees working on each side of the empty shift will split
the shift evenly. An employee not wishing to split the shift may refuse the
overtime unless no replacement is available; then the employee must
work the shift.
l. It is not the intention of the parties to have employees work overtime in
positions for which they are not trained, licensed, or qualified except in a
bona fide emergency and at the explicit direction of the Employer’s Chief
of Police or designee.
m. There shall be no compounding or pyramiding of overtime pay, holiday
pay, or premium pay, and only the highest applicable rate will be paid.
n. The shift is considered to be overtime when there is no cover shift
available to fill the shift, or part-time employee with less than forty (40)
hours available to fill the shift.
Section 3. Compensatory Time: Employees under this Agreement may receive
compensatory time in lieu of overtime payment in compliance with the provisions of the Fair
Labor Standards Act, as amended.
a. The employee has the option to save and use as approved leave within
the same calendar year, or receive a lump-sum payment on the first
payday in December of each calendar year.
b. Employer shall pay each employee’s lump-sum payment by separate
check for accounting purposes.
Section 4. Call Outs: Each and every call-out will be for a minimum of two and one half
(2½) hours of pay. All time worked will be compensated at one and one-half (1½) times the
regular rate of pay. Time shall be calculated from the time of employee notification to time of
completion of the duty assigned.
22
10
Section 5. Court Time: Employees required to appear for court hearings of trials shall be
compensated at a rate of one and a half (1½) times the employee’s normal rate of pay. Time
shall be paid for a minimum of three (3) hours, or until the conclusion of court hearings or trials if
greater than three (3) hours. If Employer fails to notify an employee regarding a cancellation or
continuation of a scheduled court hearing or trial by 5:30 p.m. the day before the scheduled
court hearing or trial, the employee must be compensated three (3) hours of pay at one and a
half (1½) times the employee’s normal rate of pay.
Section 6. Special Assignments:
a. Field Training Officer – Union members who are designated as a Field Training
Officer for the purposes of training probationary officers shall receive one dollar ($1.00) per hour
as incentive pay for these additional responsibilities. Field Training Officer pay will be paid for
each hour worked as a Field Training Officer for probationary employee (officers and dispatch
only), not for police reserves. Field Training Officer pay will be in addition to detective pay when
the detective is assigned to conduct Field Training Officer duties.
b. Detectives – Union members who are assigned to the detective division for city
cases will receive an additional one dollar ($1.00) per hour as incentive pay for these additional
responsibilities.
c. Sergeant – Union members who are assigned to the Sergeant position will
receive an additional one dollar and fifty cents ($1.50) per hour as incentive pay for these
additional responsibilities.
d. Canine Officer – Union members who are assigned to the Canine position will
receive a three hundred and fifty dollar ($350) monthly stipend as incentive pay for the
additional responsibilities associated with having a dog.
e. Terminal Agency Coordinator (TAC) – Union members who are assigned
to the Assistant TAC position will receive an additional one dollar ($1.00) per hour as
incentive pay for these additional responsibilities. The Union member who is assigned
to the TAC position will receive an additional one dollar and fifty cents ($1.50) per hour
as incentive pay for these additional responsibilities. (For fiscal year 21/22 Assistant
TAC will receive incentive pay of fifty (.50) cents per hour and TAC will receive seventy-
five (.75) cents per hour and for Fiscal year 22/23 Assistant TAC will receive an
additional fifty (.50) cents per hour and TAC will receive an additional seventy-five (.75)
cents per hour, in addition to the overall percent wage increase )
Formatted: Strikethrough, Highlight
23
11
ARTICLE X – HOLIDAYS
Section 1. Employees will receive straight time pay at their basic hourly wage for each of
the following named holidays:
1. New Year’s Day January 1
2. Martin Luther King Day 3rd Monday in January
3. Presidents’ Day 3rd Monday in February
4. Memorial Day Last Monday in May
5. Independence Day July 4
6. Labor Day 1st Monday in September
7. Columbus Day 2nd Monday in October
8. Veterans’ Day November 11
9. Thanksgiving Day 4th Thursday in November
10. Christmas Day December 25
11. State General Election Day (when applicable)
Also legal holidays declared by the President of the United States and the Governor of
Montana, with the concurrence of the Mayor of the City of Laurel. All accumulation of holiday
pay shall be in accordance with the Montana Operations Manual (MOM).
Section 2. Part-time employees shall receive holiday pay on a pro-rated basis, based on
their average hours worked.
Section 3. The holiday will be observed on the day/date stated in this Agreement (the actual
holiday) for all employees subject to this Agreement.
Section 4. Work performed on the holiday will be paid at one and one-half (1½) times the
regular rate of pay for hours worked in addition to holiday pay, unless the employee has elected
to accumulate such holiday in accordance with Section 7. Holiday pay is for eight (8) hours. An
employee who is scheduled for a day off on a legal holiday shall be compensated for either
holiday pay at straight time, bank the holiday hours at straight time, or take an alternative day off
in lieu of the holiday with permission of the Employer’s Chief of Police or designee.
Section 5. If a holiday falls on an employee’s annual vacation, or while an employee is on
approved sick leave, the employee shall be compensated by either receiving eight (8) hours pay
at their regular straight time rate of pay or by a one-day extension of their vacation leave, at the
employee’s option. Employer shall not charge the additional time as sick leave or vacation.
Section 6. Employees may elect to bank holiday time. In the event the holiday time is not
used by the last work day in June, a lump sum for the remaining time will be paid out on the first
pay period in July by a separate check.
24
12
ARTICLE XI – ANNUAL VACATION LEAVE
Section 1. Each full-time employee earns paid vacation as follows:
Work day credit per year*
1 day through 10 years 15
10 years through 15 years 18
15 years through 20 years 21
20 years and over 24
*Based on an eight (8) hour day
An employee is not entitled to any vacation leave with pay until they have been continuously
employed for a period of six (6) calendar months.
Section 2. A part-time employee is entitled to pro-rated vacation benefits after working the
qualifying period of six (6) months.
Section 3. Vacation credits may be accrued to a total not to exceed two (2) times the
maximum number of days earned annually at the end of any calendar year. Any accumulation
of annual vacation leave in excess of this total at the end of the calendar year must be used in
the first 90 days of the next calendar year or be forfeited.
Section 4. Vacations must be requested in writing and approved by the Employer’s Chief of
Police or designee. Vacation bids will coincide with the bidding of shifts. Each employee will
have five (5) calendar days to complete their request at which time it will proceed to the next
employee in order of seniority. Employees who fail to bid in the appropriate time frame will
forfeit their opportunity to bid and will move to the bottom of the bidding list. The Chief of Police
or designee will post the vacation bid with enough time for all bidding employees to use their
five (5) calendar days. Vacation time may be split. Any conflict in schedules will be determined
by seniority, Employer’s best interests, and the best interests of the employee. All parties
concerned have five (5) calendar days from the time the approved vacation list is posted to
make corrections. Vacation requests after the beginning of the shift change shall be on a first
come, first served basis. If vacation has been approved by the parties, seniority cannot affect or
change the vacation schedule. The number of employees off in the Police Department may be
limited based upon the workload and shall be determined at the discretion of Employer’s Chief
of Police or designee.
Section 5. Leave requests and responses. Employee must submit leave requests for more
than four (4) consecutive days at least seven (7) days prior to the requested leave. Employer
shall respond no later than five (5) working days prior to the leave requested. Employee must
submit leave requests for less than four (4) days at least two (2) days prior to the requested
leave. Employer shall respond no later than one (1) working day prior to the leave requested.
25
13
Section 6. Vacation and sick leave shall not accrue during a leave of absence without pay.
Section 7. Leaves of absence without pay may be used to extend regular vacation with prior
approval of the Employer’s Chief of Police or designee.
Section 8. An employee who terminates his/her employment is entitled, upon the date of
such termination, to cash compensation for any unused vacation leave, assuming that the
employee has worked the qualifying period set forth in Section 1.
In the event, however, an employee transfers between departments of the Employer, there shall
be no cash compensation paid for the unused vacation leave. In such a transfer, the receiving
department assumes the liability for the accrued vacation credits transferred with the employee.
Section 9. In the event of the death of an employee, unused earned vacation time shall be
paid to the employee’s heirs at his/her regular rate of pay providing the proper forms provided
by the City Clerk-Treasurer’s office have been signed and are in the employee’s file.
Section 10. Vacation charges and credits shall be charged to the nearest full hour.
Section 11. Employer shall not terminate or separate an employee from employment in an
attempt to circumvent the provisions of this Article. Should a dispute arise under this Article, it
shall be resolved pursuant to the grievance procedures.
ARTICLE XII – SICK LEAVE
Section 1. Sick leave means a leave of absence with pay for sickness suffered by an
employee or his/her immediate family. Sick leave is the necessary absence from duty caused
when an employee has suffered illness, injury, pregnancy, or pregnancy-related illness,
exposure to contagious disease that requires quarantine, or the necessary absence from duty to
receive medical or dental examination or treatment.
Section 2. Each full-time employee is entitled to and shall earn sick leave credits from the
first full pay period of employment. For calculating sick leave credits, one (1) day per month up
to twelve (12) working days per year sick leave at regular pay. Proportionate sick leave credits
shall be earned at the rate of twelve (12) working days for each year of service without
restriction as to the number of working days he/she may accumulate.
Section 3. An employee may not accrue sick leave credits during a continuous leave of
absence without pay which exceeds fifteen (15) working days. Employees are not entitled to be
paid for sick leave under the provisions of this Article until they have been continuously
26
14
employed for ninety (90) days. Upon completion of the qualifying period, the employee is
entitled to all sick leave credits he/she has earned.
Part-time employees receive pro-rated sick leave credit. Temporary and seasonal employees
are entitled to sick leave benefits provided they have worked the qualifying period.
Section 4. An employee who terminates his/her employment is entitled to a lump-sum
payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave. The pay
attributed to the accumulated sick leave shall be computed on the basis of the employee’s
salary or wage at the time the employee terminates their employment.
However, when an employee transfers between departments, the employee shall not be entitled
to a lump-sum payment. The department receiving the transferred employee shall assume
responsibility for the accrued sick leave.
An employee who receives a lump-sum payment pursuant to this Article and who is reemployed
by the Employer shall not be credited with any previous sick leave.
Sick leave charges in excess of earned sick leave credits may be charged to earned and
available leave or leave without pay at the employee’s option with the Employer’s Chief of
Police or designee’s approval.
Section 5. Sick leave is for the benefit of the employee or his/her immediate family
members who are sick and is not intended to be additional time off with pay. Abuse of sick
leave or the falsification of illness, injury, or other authorized claim misrepresenting the actual
reason for charging an absence to sick leave, or the use of sick leave for any unauthorized
purposes constitute cause for termination. Employer must substantiate charges of sick leave
abuse resulting in the employee’s termination.
Section 6. Disabilities caused or contributed to by pregnancy, miscarriage, abortion,
childbirth and recovery are, for all job-related purposes, temporary disabilities and should be
treated as such under any health or temporary disability insurance or sick leave plan available in
connection with employment.
Any holidays that fall during a period that an employee is on sick leave will be charged as a
holiday and not taken off the total accumulate sick leave.
An employee on sick leave shall inform his/her immediate supervisor, or Employer’s Chief of
Police or designee, of the fact as soon as possible.
After the third consecutive day of sick leave, a medical certification may be required by the
Employer. If the Employer requires a medical certificate, the Employer will pay the cost of such
certificate.
Section 7. Sick leave pertaining to shift personnel:
27
15
a. Cover shift or part-time personnel must work for an employee who is on
sick leave unless it is an overtime situation; then the Employer shall follow
the overtime procedure.
b. Employees working during another employee’s illness, if an overtime
situation, will submit extra time to their supervisor on the daily time report,
which will be paid at one and one-half (1½) times his/her hourly rate.
Section 8. Sick leave charges and credits shall be charged to the nearest full hour.
Section 9. Employees covered by the Workers’ Compensation Act are entitled to benefits
administered under the provisions of the Act when they suffer injury or illness as a result of their
employment. An employee may elect to use their accrued sick leave credits to supplement their
Workers’ Compensation payments, but not to exceed their normal expected pay, in accordance
with the applicable laws and regulations of the State of Montana.
Section 10. In the event that an employee becomes incapable of performing the duties of
his/her regular position through occupational illness or injury, the Employer may transfer the
employee without loss of pay to a position for which he/she is qualified, provided the change
can be accomplished without displacing another employee.
Section 11. Emergency Sick Leave:
a. Emergency sick leave is defined as a necessary absence due to (1) the
illness of a member of the employee’s immediate family; or (2) the death
of a member of the employee’s immediate family.
b. An employee’s immediate family includes: spouse, children, parents,
grandparents, grandchildren, brothers, sisters, in-laws, step relatives,
household dependents, and similar relation of the employee’s spouse.
c. Emergency sick leave charged against an employee’s sick leave credits
shall not exceed a total of five (5) working days per illness in the
immediate family. In addition, emergency sick leave charged against an
employee’s sick leave credits shall not exceed a total of five (5) workdays
for each death in the immediate family.
d. Employees may be granted three (3) additional days leave with pay for a
death in the family (not to be charged to sick leave), as provided in Article
XIII, Section 3.
28
16
ARTICLE XIII – LEAVE WITH OR WITHOUT PAY
Section 1. Military Leave: Upon formal request, either oral or written, for military leave, a
regular or temporary full-time employee, who is a member of the organized state militia or the
reserve military forces of the United States, and who has satisfactorily completed six (6) months
of employment, is eligible to receive up to fifteen working (15) days, with pay, per calendar year
of military leave. Any part-time employee meeting the above requirements is eligible to receive
pro-rated military leave. The employee will submit a copy of their military orders, upon receipt,
to the Employer to substantiate such leave request.
An employee who has not completed six (6) months employment is not eligible to receive
military leave with pay; however, he/she will be given leave without pay to attend cruises,
encampments, or other similar training upon a formal request either oral or written, for such
leave. The employee will submit a copy of their military orders, upon receipt, to the Employer to
substantiate such leave request.
Section 2. Family and Medical Leave: The Employer may grant Family and Medical
Leave after completion of fifty-two (52) weeks of employment, and a minimum of 1250 hours
worked in the year preceding the leave, unpaid leave, not to exceed twelve (12) workweeks in a
twelve-month period for reasons of bona fide serious health condition, child or family care, or
other allowable care. All leaves must be requested in writing and shall state the reason for the
leave and the date desired. A doctor’s certification may be required for any medical or family
leave. All leaves shall be granted only in writing by the Mayor or his designee. Upon the
expiration of the leave or upon notification of intent to return, the employee will be returned to
their original position, or one equivalent in the employee’s classification. Notwithstanding the
provisions of the Family and Medical Leave Act (FMLA), the reinstatement of an employee
returning from FMLA leave shall not displace another employee, or limit another employee’s
hours of work, who was a member of the bargaining unit upon commencement of such leave,
except as may be mutually agreed to by the Union and the Employer.
While on a family medical leave of absence, any employee benefits will be continued in the
same manner that would have been provided had the employee not taken any leave. If the
employee fails to return from such a leave, the employee may be required to repay such
extended benefits.
Section 3. Bereavement Leave: Upon the death of a member of the employee’s
immediate family, an employee may be granted up to three (3) working days off with pay for the
employee’s work period, not to exceed 24 hours for each death. In addition, up to five (5)
additional days bereavement leave may be charged to sick leave by requesting the time off from
Employer’s Chief of Police or designee who must obtain approval of the Mayor or Chief
Administrative Officer. Employees shall be granted leave not to exceed four (4) hours to attend
the funeral of employees.
29
17
Section 4. Jury Duty: Each employee who is under proper summons as a juror shall
collect all fees and allowances payable as a result of the service and forward all the fees to the
Employer. Juror fees shall be applied against the amount due the employee from the Employer.
However, if an employee elects to charge his/her juror time off against annual leave, he/she
shall not be required to remit to the Employer any juror fee, expense, or mileage allowance paid
by the Court.
An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as
a result of the service and forward the fees to the Employer. Witness fees shall be applied
against the amount due the employee from the Employer. However, if an employee elects to
charge his/her witness time off against his/her annual leave, he/she shall not be required to
remit witness fees to the Employer. In no instance is an employee required to remit to the
Employer any expense or mileage allowances paid him/her by the Court.
The Employer may request the Court to excuse the employee from jury duty if they are needed
for the proper operation of the department.
Section 5. If an employee is required to testify at any legal hearing or trial due to an event
that occurred while the employee was on duty or acting within the scope of his/her authority, the
employee may elect to have the Employer pay for all travel and expenses for the employee. To
receive this benefit, the employee will sign over to the Employer any compensation received for
the testimony and the employee will receive his/her normal rate of pay. However, if an
employee elects to charge the time off against annual leave, the employee shall not be required
to remit to the Employer any fee, expense, or mileage allowance paid by the court.
Section 5. Other Leaves With or Without Pay:
a. After satisfactory completion of the probationary period, leaves of
absence may be granted for good and sufficient reason with prior
approval of the Employer. Leaves may be used for personal business
requiring the employee’s attention and other reason mutually agreed
upon. Employees may take a leave of absence without pay without loss
or charge against other leave and if the work schedule allows. Requests
for a leave of absence without pay shall be submitted in writing by the
employee to the Employer’s Chief of Police or designee. The request
shall state the reason for the leave and the approximate length of time off
the employee desires.
b. Employer may grant reasonable leaves of absence to employees
whenever required in the performance of duties as “duly authorized
representatives of the Union”. “Duly authorized representatives” means
members of regularly constituted committees and/or officers of the Union,
pursuant to a list supplied to the Employer.
30
18
c. Any employee subject to this Agreement, elected or appointed to public
office, shall be entitled to a leave of absence not to exceed one hundred
eighty (180) days per year while such employee is performing public
service. Any employee granted such leave shall make arrangements to
return to work within ten (10) days following the completion of the service
for which the leave was granted unless such employee is unable to do so
because of illness or disability certified to by a licensed physician.
d. Leave, with or without pay, may be granted by the Employer for
attendance at a college, university or business school for the purpose of
training in subjects related to the work of the employee that will benefit
the employee and the Employer.
Section 6. Personal Leave: Each employee is entitled to thirty (30) hours of personal
leave per contract (fiscal) year. Part-time employees will receive a pro-rated amount of
personal leave. Employees must utilize personal leave prior to utilizing their comp or vacation
leave. Employer shall not compensate or pay-out employees for unused personal leave. If an
employee fails to utilize his/her personal leave during the year, he/she shall forfeit all unused
personal leave. Employees shall coordinate the use of personal leave with the Employer’s
Chief of Police or designee, who must approve leave requests.
ARTICLE XIV – WORKING CONDITIONS
Section 1. Separations: Employees who terminate their service will be furnished, upon
request, a letter stating their classification, length of service and reason for leaving.
Section 2. Union Bulletin Boards: Employer will allow the Union to place
Union-owned bulletin boards in convenient places in any work area to be used for Union
business.
Section 3. Off-Duty Meetings: Employees shall be compensated at the rate of time and
one-half (1½) their regular rate of pay if required to attend a meeting on their own time. If an
employee is called out for a meeting, such employee shall be paid for a call-out.
Section 4. Education Conference: The Employer agrees that time off with pay may be
granted to an employee to attend an educational conference, seminar, or convention with the
mutual consent of the Employer’s Chief of Police or designee and the employee. In the event
an employee needs to earn educational credits to maintain a license or certification, which
belongs to the employee, the employee will furnish the Employer in writing the number of credits
earned and to which license or certification the educational credits are to be credited.
31
19
Section 5. Training: A training committee shall be established comprised of the
Captain, one employee assigned to the patrol division, and one employee assigned to
dispatch. The training committee shall determine and schedule all training as available,
pending available funding.
Section 6. Past Practices: Employer agrees to recognize that wages will not be reduced
because of this Agreement. Employer further agrees that working conditions and benefits
enjoyed by employees will continue by the adoption of this Agreement, subject to bu dgetary
limitations and analysis of departmental requirements.
Section 7. Visits by Union Representatives: Employer agrees that accredited
representatives of the American Federation of State, County and Municipal Employees, AFL-
CIO shall have full and free access to the premises of the Employer at any time during working
hours to conduct union business, provided the representative shall notify the Employer’s Chief
of Police or designee of their presence.
Section 8. Supervisor’s Performance of Bargaining Unit Work: No supervisory or
management employee shall perform duties of a bargaining unit employee, except infrequent
work of short duration due to severe emergencies to avoid accident or injury, or to maintain the
health and safety of the Employer and/or the City of Laurel.
Section 9. Uniform Allowance: The Employer shall establish a Police Department Uniform
Account:
a. Purpose: The purpose of the account shall be to provide assistance to
Police Officers to maintain their uniforms.
b. Maximum limits per fiscal year:
New Hire Police Officer (first year only) $1,000.00
Police Officer $ 800.00
Animal Control/Parking Attendant $ 400.00
c. All uniform allowance payments shall be due and payable at the
beginning of each fiscal year. It shall be the employee(s) responsibility to
purchase their required uniforms and accessories.
d. Modification: If there is any significant uniform change mandated by the
Employer, related costs shall be absorbed by the Employer.
e. New Hire: Newly-hired employees shall receive the same uniform
allowance as other employees within the first five (5) days of employment.
If an employee voluntarily terminates his/her employment within one year
from date of employment, the employee will have deducted from the final
check the amount of the clothing allowance he/she received.
32
20
g. A standard list of required uniform items and accessories will be
developed by the Employer’s Chief of Police or designee and approved
by the City Council and posted by the Employer.
Section 10. Labor/Management Coordinating Committee: The parties agree to meet and
establish a Labor/Management Coordinating Committee whose membership, meeting schedule,
policies, procedures, rules and regulation shall be established by and between the Committee
members.
ARTICLE XV – HEALTH, SAFETY AND WELFARE
Section 1. Workers’ Compensation Insurance: Employer shall maintain Workers’
Compensation Insurance on all employees. Each employee must, within twenty-four (24) hours,
verbally if physically possible, or seventy-two (72) hours of the accident, report in writing to the
Employer any personal injuries received in the course of employment. Each employee must
give notification to their immediate supervisor during the work shift, except in cases of
emergency and if the supervisor is not accessible when the injury occurs. Failure to do so may
result in the loss of benefits.
Section 2. Health Insurance Plan:
The Employer shall maintain an insurance program for the employee and their
dependents, substantially equivalent to the existing program and available through the selected
insurance company as previously approved by the Insurance Committee and Management, with
the following contribution limitations, unless increased by the City:
Employee Only $ 823.87/month
Employee/child(ren) $ 823.87/month
Employee/spouse $1100.00/month
Employee/family $1100.00/month
The Employer shall adjust the Employee only and Employee/Child(ren) contribution
yearly as the premium increases up to the $1,100/month maximum. The Employee only
and Employee/Child(ren) contributions shall remain the same as an Employee only
contribution, which includes health, dental and vision coverage. The Employee/Child(ren)
rate may be used in any combination of health/dental/vision or only health insurance if
employee desires.
The parties agree that an insurance committee shall be created, with fair and equitable
representation for all employees of the city who are entitled to receive insurance benefits. The
Insurance Committee shall review all matters of the insurance program and make
recommendations to the Employer. If the Employer does not adopt the recommendations of
the Insurance Committee, the matter will be returned to the Insurance Committee, with
33
21
recommendations and explanations, for further review until the Employer and the Insurance
Committee reaches mutual agreement.
Section 3. First Aid Kits: The Employer shall provide and maintain first aid kits in
convenient places in each work area. “Work Area” shall be determined by the Employer’s
Chief of Police or designee.
Section 4. Safety: Safety is everyone’s business. Employer shall provide and maintain all
safety gear (i.e. hard hats, crash helmets, rain gear, rubber boots, rubber gloves, and goggles)
and all other equipment required by MOSHA. Each employee is to wear and/or use safety
equipment furnished, or required by the Employer, including the use of seat belts, orange safety
vests, hard hats, hand, eye, and body protection gear as appropriate. Employer shall issue
specific guidelines in the use of safety equipment and safety practices. Failure to use safety
equipment furnished and follow safety guidelines may lead to disciplinary action.
The Union, Employer, and employees shall cooperate in complying with the general safety
standards and special standards as required by the State Department of Labor and Industr y,
MOSHA, OSHA, and the Employer’s Safety Standards. MOSHA inspections – the
representative from the work area being inspected may accompany the state representative on
any such inspections.
No employee shall be required to perform unreasonable services that may seriously endanger
his/her physical safety. Refusal by the employee, with valid and substantiated reason, will not
warrant or justify suspension, dismissal, or other disciplinary action.
Section 5. Safety Committee: A union member will be included in the Safety Committee
when formed.
Section 6. Unemployment Insurance: Employer shall provide all employees covered by
this Agreement with Unemployment Insurance.
Section 7. Drug and Alcohol-Free Workplace: Employees are prohibited from the use,
consumption, distribution, or unauthorized possession of controlled substances (illegal drugs) or
alcoholic beverages while on duty; to unlawfully manufacture, distribute, dispense, possess, or
use a controlled substance (illegal drugs) at the work site or in any Employer-owned vehicle, at
any time in any Employer-owned vehicle; or reporting to work under the influence of illegal
drugs and/or alcohol.
As a condition of employment, each employee must abide by the terms of this policy and notify
the Mayor of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction. In the event the employee is operating in a
34
22
department funded in whole or part by a federal grant, the sponsoring agency will be notified of
such conviction within ten calendar days after receiving notice of the conviction.
Discipline for any violation will be in accordance with the disciplinary procedures that may
include suspension and/or termination. As an alternative to termination, the employee may be
referred to available drug and alcohol abuse assistance or rehabilitation programs.
Section 8. Gym Membership: The City agrees to pay the annual gym membership, up to
$300.00 per year per employee, who elect to participate in the Gym Membership program
offered through the City’s insurance plan. If the City’s insurance plan no longer offers provisions
for gym membership, the City agrees to reimburse the employee up to $300.00 per year for gym
membership. Reimbursement will only be made after the employee provides the City a gym
membership receipt. The City agrees to pay the annual gym or fitness center membership for
each employee at the Locomotion Fitness Center to encourage employee health and wellness.
If an employee elects to utilize a different fitness facility, the City agrees to reimburse the
employee up to $300.00 per year for his/her membership. Reimbursement will only be made
after the employee provides the City a gym membership receipt showing he/she has in fact paid
for the membership.
Section 9. Changing Area: The Employer shall provide a designated area to be available as
a changing room. Employer shall endeavor to make a shower operational if possible.
Section 10. Healthy Work Environment: A healthy work environment shall be provided to all
employees. The Union must notify the Employer’s Chief of Police or designee of any unhealthy
work environment. The unhealthy work environment must be corrected by the Employer’s Chief
of Police or designee.
ARTICLE XVI – JOB POSTING
Section 1. When a new position is created or a vacancy occurs in any existing position
listed under Addendum “A”, Employee Classification Program, the Employer shall prepare and
furnish to the union secretary and post in places to be agreed upon by the Employer and the
Union stating, among other things: location and title of position to be filled, a listing of the
essential job functions, principal duties, minimum qualifications, hours of work, assigned days of
rest, salary range of the position, whether the position is a regular established position or
temporary (if temporary, how long it is probable that the position will continue), the starting date
of the assignment; last day when applications will be received and accepted, and to whom the
applications shall be filed.
a. When a vacancy or newly created position is posted when an employee is
on vacation, sick leave, or any approved leave, the employee has two (2)
working days to bid for such position after he/she returns to work.
Formatted: Strikethrough
Formatted: Strikethrough
35
23
b. If a position is vacant due to an employee bidding another position in the
Employer, the position vacated will be bid as temporary or left vacant until
the previous employee has completed his/her probationary period or
posted as vacant.
c. Employer shall post such vacancies in all departments for a period of no
less than five (5) working days.
d. An employee who bids into a new position may not bid into another
position until he/she completes his/her probationary period, unless agreed
by the Union and the Employer that such action is in the best interest of
the Employer.
(1) Exception: If no employee bids a position, the employee who is
serving the probationary period may bid for the position within
three (3) working days after the closing date of the bid;
(2) Exception: If an employee is disqualified by the Employer from
his/her position during his/her probationary period and reverts
back to the originally-held position, such employee may then bid
other jobs; and
(3) If more than one employee bids, the procedure for awarding will
be the same as for bidding a position.
e. If no qualified employee bids on a posted position, Employer may search
outside its current employees for an applicant to fill such position.
f. Employer shall not bid a vacated position where an employee will be first
assigned as temporary and then regular full-time position unless the
Employer is prepared to fill the fully-funded position within two (2) weeks
of the closing date of the final bid. No employee shall be awarded such a
position and be held in his/her old position for a period that exceeds two
(2) working weeks.
Section 2. The filling of any vacancy through promotion shall be done so in accordance with
Article captioned “Seniority” of this Agreement. Any salary adjustments shall be made in
accordance with Addendum “B”.
Section 3. When a senior employee, who has applied for a bulletin position, is not assigned
the position, he/she shall upon request, be entitled to be advised in writing the reason he/she
did not receive the assignment. If not satisfied with the reason stated, he/she may invoke the
grievance procedure as outlined in this Agreement.
Section 4. During the employee’s probation period, the employee has the right to revert
back his/her previously held position within the first 30 days of the 12-month probationary
period.
36
24
Section 5. Prior to opening any city employment position to the public, members of Local
303 will be allowed to bid the position. The applying member must meet the “minimum
requirements” as stated by the city. The employee must understand that “overtime” may be
required for the position.
ARTICLE XVII – DISCIPLINE
Section 1. Penalties for violations of Policy are outlined in Addendum “D” to this Agreement.
Section 2. If the Employer determines at any time during an employee’s initial twelve (12)
month employment probationary period that the service of the probationary employee is
unsatisfactory, the employee may be discharged upon written notice from the Employer without
recourse through the grievance procedures.
ARTICLE XVIII – GRIEVANCE PROCEDURE
Section 1. Definitions:
“Grievance” is defined as an employee’s alleged violation of a specific term of this Agreement or
an employee’s dispute regarding an interpretation of the Agreement.
“Grievant” shall mean a bargaining unit employee (“Employee”), Union Member, member or
Employer.
“Union” shall mean the Local 303, American Federation of State, County and Municipal
Employees, AFL-CIO.
Section 2. Agreement and Purposes. Employer and the Union agree that there shall be no
reprisals of any kind against any party in interest for reasons of participation in the grievance
procedure.
It is the desire of the Employer and the Union to address grievances informally; both parties
commit themselves to make every effort to resolve problems when they arise. Direct
communications and discussion should result in a full disclosure of acts and a fair and speedy
resolution to most complaints arising out of day-to-day operations. If the grievance is not
resolved informally, the following procedure will apply.
Each grievance will be submitted separately except when the Employer and Union mutually
agree to have more than one grievance handled in one procedure.
37
25
Grievances by the Employer, should they occur as a result of official Union activities or actions,
shall be presented directly by the City’s Chief Administrative Officer or Mayor to the Union
President within fifteen (15) calendar days of the date upon which he/she became aware of the
situation prompting the grievance. The Union President shall provide a written answer within
fifteen (15) days. If the grievance is not resolved, the following procedures will apply.
Section 3. Procedures. The following procedures shall be used by a Grievant when seeking
relief of his/her Grievance under this Agreement.
A Grievance not filed or advanced by the Grievant within the time limits provided in this section
shall be deemed permanently withdrawn as having been settled on the basis of the decision
most recently received. Failure on the part of either party to answer within the time limits set
forth in this grievance procedure entitles the grievant to advance the grievance to the next step.
Step 1. Chief of Police
A Grievant who believes he/she has a grievance shall file a written
grievance within a period of fifteen (15) calendar days after the
occurrence giving rise to the grievance or after the failure to informally
resolve the grievance. The grievance shall be reduced to writing in the
form of a petition indicating the specific term(s) of this Agreement violated
or misinterpreted, facts supportive of the grievance, and the specific relief
sought. The written grievance shall be filed with the Chief of Police. The
Chief of Police shall meet with the Grievant and issue a written decision
and disposition of the grievance within fifteen (15) calendar days of the
meeting.
Step 2. Union Member Grievance Presentation to the Union
If the Grievant is not satisfied with the decision and disposition through
Step 1, the Grievant shall submit the grievance petition to the Union
within five (5) calendar days’ receipt of the Chief of Police’s written
decision and disposition of the grievance issued pursuant to Step 1. The
Union shall have fifteen (15) calendar days to provide a response to the
Union Member. If the Union determines no basis for the grievance exists,
no further action on the part of the Union is necessary since the grievance
shall be considered null and void. If the Union determines, by a majority
vote of the members present at a posted meeting, that a valid grievance
exists, the grievance shall proceed to Step 3.
38
26
Step 3. Appeal to the City’s Chief Administrative Officer and Mayor
If the grievance remains unresolved and the Union determines a valid
grievance exists pursuant to Step 2, the Union shall have fifteen (15)
calendar days after the Union’s decision in Step 2, for an appeal of the
Chief of Police’s decision to the CAO and/or Mayor. The CAO and/or
Mayor shall issue a written decision on the grievance within fifteen (15)
calendar days.
Step 4. Appeal to the Grievance Committee
a. The Union and Employer shall utilize a Grievance Committee as provided
herein for Appeals of decisions rendered pursuant to Step 3. The
Grievance Committee shall constitute three members. The Members
must include a duly appointed and serving member of the City’s Police
Commission, a Union Member, and an Employer representative. The
Grievance Committee for each grievance shall be formed and selected by
random name draw. The Union and Employer shall provide each other
the names of at least three representatives who are willing to serve on the
Grievance Committee by January 1 of each year. The Grievance
Committee shall include only those members who have not had any
active participation in the current grievance before the Grievance
Committee.
b. The Union President and City’s Chief Administrative Officer shall meet
and form the Grievance Committee by random draw five working days
after Step 4 is initiated. The Grievance Committee shall convene within
ten (10) days and shall conduct a hearing where the Union and Employer
may present their arguments and any documentary evidence as part of
the record. The Grievance Committee shall render a decision within
fifteen (15) days after the hearing. The Grievance Committee decision is
final unless the Union or Employer elects to proceed to Step 5.
Step 5. Arbitration
a. The Union and the Employer agree to submit to arbitration any grievance
which has not been resolved through the above-enumerated grievance
steps and procedures, provided it is submitted within ten (10) calendar
days following the decision of the Grievance Committee. The Union or
39
27
the Employer shall notify the other party in writing that the matter is to be
submitted for Arbitration.
b. The arbitrator shall be selected by mutual agreement. If a selection is not
possible, the Union and Employer shall jointly request a list of five (5)
names from the Montana Board of Personnel Appeals. The parties shall,
within ten (10) business days of the receipt of the list, select the arbitrator
by the method of alternately striking names with the parties flipping a coin
to determine who strikes the first name. The final name left on the list
shall be the selected arbitrator. The arbitrator selected will be contacted
immediately and asked to start proceedings at the earliest possible date.
c. If requested by a party or ordered by the arbitrator, a hearing shall be
scheduled by the arbitrator in consultation with the Employer and the
Union. The arbitrator shall issue a decision within 30 calendar day after
the conclusion of the proceedings, including filing of briefs, if any. The
arbitrator’s decision shall be final and binding on both parties, but the
arbitrator shall have no authority to extend, alter or modify this Agreement
or its terms, nor imply any restriction or burden against either party that
has not been assumed in the Agreement.
d. It is mutually agreed that representatives of the Employer and the Union
are the only proper parties to the arbitration proceedings, and the
proceedings shall not be open to the public unless required to be an open
meeting pursuant to law.
e. The Employer and the Union shall each bear their own fees and
expenses incurred through the arbitration, and the two parties shall share
equally the cost of the arbitrator.
f. The time limits, as specified, may be extended by mutual written consent
of the parties.
g. The Union agrees, in consideration to the arbitration process outlined
herein and in accordance with §39-31-501 MCA, that upon consummation
and during the term of this Agreement, no police officer shall strike or
recognize a picket line of any labor organization while in the performance
of his/her official duties.
ARTICLE XIX – SAVINGS CLAUSE
Should any article, section, or portion thereof, of this Agreement be held unlawful or invalid by any
court or board of competent jurisdiction, such decision shall apply only to the specific article,
section, or portion thereof, directly specified in the decision. Upon issuance of such a decision,
the parties agree to immediately negotiate a substitute for the invalidated article, section, or
portion thereof. Any city ordinance passed subsequent to the adoption of this Agreement that
would contravene the terms of this Agreement shall not apply during the life of this Agreement.
40
28
ARTICLE XX – TERMS, AMENDMENTS, AND MODIFICATIONS OF THE
AGREEMENT
Section 1. The provisions of this Agreement shall be effective July 1, 2021 and will remain in
full force and effect until June 30, 2024. This Agreement shall automatically renew from year to
year thereafter unless either party gives written notice to the other, not later than sixty (60) days
prior to its termination date, that it desires to make changes. In the event changes are desired,
the parties shall seek forthwith to arrange a meeting for the purpose of negotiating changes and
shall remain in full force and effect until negotiations are concluded.
Negotiations shall begin no later than thirty (30) days prior to the anniversary date of this
Agreement.
Section 2. Neither party to the Agreement shall make unilateral changes in the terms of the
basic Agreement, pending the settlement of the outstanding differences through mutually
agreeable procedures.
In Witness Whereby: The parties, acting by and through their respective and duly authorized
officers and representatives, have set their hands and seals on this ____ day of _______, 2021.
For the City of Laurel: For the American Federation of State, County
and Municipal Employees, AFL- CIO
___________________________ __________________________
41
29
Mayor President, Local #303
___________________________ __________________________
City Clerk-Treasurer Local #303 Negotiation Committee
___________________________ __________________________
Chief Administrative Officer Local #303 Negotiation Committee
___________________________ __________________________
City Negotiation Committee Local #303 Negotiation Committee
___________________________ __________________________
City Negotiation Committee Local #303 Negotiation Committee
___________________________ __________________________
City Negotiation Committee Field Representative
Montana Council #9, AFSCME, AFL-CIO
CLASSIFICATION APPEAL
A classification appeal system shall be developed for the purpose of permitting employees
covered by this Agreement, within the same classification to appeal for an upgrade of the entire
classification due to additional work duties, responsibilities, or changing work conditions within
that classification.
A committee shall be established comprising three members of the City Council, three
bargaining unit members, and the City Clerk-Treasurer. This committee will meet to discuss
such an appeal no later than thirty (30) days after such appeal is filed with the Mayor.
The committee shall hear testimony, examine documents and other pertinent materials and
make their decision and recommendation to the City Council within forty-five (45) days of the
Mayor’s receipt of the appeal.
The City Council’s decision shall be reported to the Committee at the next regular Council
meeting.
All documentation, recommendations, and decisions shall be in writing.
42
30
ADDENDUM “A”
CLASSIFICATION
GRADE CLASSIFICATION
1
2 Animal Control/Parking Attendant
(Vacant – Grade and salary to be
negotiated when filled through
future negotiation)
3 Communications Officer I
4 Communications Officer II
5 Communications Officer III
6 Police Officer, Patrolman
7 Police Officer, Senior Patrolman
8 Police Officer, Master Patrolman
9
43
31
ADDENDUM “B”
WAGES
1. Effective July 1, 2021 each bargaining unit employee shall receive a two percent (2%)
increase to their current base rate: police officers - 2%, dispatchers - 2%
2. Effective July 1, 2022 each bargaining unit employee shall receive a two percent (2%)
increase to their current base rate: police officers - 2%, dispatchers - 2%
3. Effective July 1, 2023 each bargaining unit employee shall receive a three percent
(3%) increase to their current base rate: police officers - 3%, dispatchers - 3%
4. This contract will remain in effect until June 30, 2024 at which time it will be
renegotiated under the terms of this Agreement
5. The Employer shall compensate a newly hired employee one-dollar ($1.00) per hour
below that of the base rate for his/her classification grade for the first twelve (12) months of
employment. After employee’s successful completion of his/her twelve (12) month probation
period, the Employer shall compensate employee in accordance with the position’s pay
schedule.
44
32
6. Employees will receive differential pay of seventy-five cents ($.75) per hour for the
afternoon shift and one dollar ($1.00) per hour for the night shift in addition to any other
compensation.
Afternoon shift shall be hours between 3 p.m. and 11 p.m. Night shift shall be hours
between 11 p.m. and 7 a.m.
7. When an employee is temporarily assigned to a higher grade, the employee shall
receive the wage rate of the step of the higher grade corresponding to his/her current step for
each hour worked in the higher grade, provided however, that if such employee works four (4)
hours or more in the higher grade in the same shift. The employee shall receive the higher rate
of pay for the full shift.
45
33
ADDENDUM “B” (continued)
A. Senior Patrolman is $1.00 per hour over Patrolman’s base wage. Master Patrolman is $2.50
per hour over Patrolman’s base wage.
B. Communication Officer II is $1.00 per hour over Communication Officer I base wage.
Communication Officer III is $2.20 per hour over Communication Officers I base wage.
Grade Position 7/01/2118 7/01/2219 7/01/230
To To To
6/30/2219
6/30/230 6/30/241
1
2 Animal Control/Parking Attendant
(Vacant – Grade and salary to be
negotiated when filled through
future negotiations)
3 Communications Officer I
$21.8020.54/hr $22.2420.95/hr $22.9121.37/hr
4 Communications Officer II
$22.8821.56/hr $23.3421.99/hr $24.0422.43/hr
5 Communications Officer III
$24.1822.79/hr $24.6623.24/hr $25.4023.71/hr
6 Police Officer, Patrolman
$24.5923.17/hr $25.0823.64/hr $25.8324.11/hr
7 Police Officer, Senior Patrolman
$25.6724.19/hr $26.1824.68/hr $26.9725.17/hr
8 Police Officer, Master Patrolman
$27.3025.72/hr $27.8526.24/hr $28.6926.76/hr
9
46
34
ADDENDUM “C”
LONGEVITY
1. Longevity Defined: Longevity means an employee’s length of continuous loyal and
faithful service with the Employer, irrespective of classification and/or assignment.
The number of years of longevity shall be computed from the date the employee started
continuous employment with the City of Laurel. This date shall be called “date of hire”.
Longevity raises shall be computed from the first day of the monthly pay period following the
employee’s date of hire. In the event an employee has a break in service greater than 90
calendar days, and returns to employment with the City of Laurel, said employee will be given a
new “date of hire” for longevity purposes.
Longevity pay will be computed as follows:
$7.75 per month for each year of service.
47
35
ADDENDUM “D” DISCIPLINARY ACTIONS
Maximum Penalties Noted for 1st, 2nd & 3rd Offense
1st 2nd 3rd
2.1 Bringing or using unauthorized alcohol or illegal
drugs on City property or work place during working
hours
Dismissal
2.2 Reporting to work intoxicated from alcohol or other
drugs
Referral for
diagnosis and
treatment
Suspension or
Dismissal
2.3 False statement on application Dismissal
2.4 Stealing from fellow employees or the City Dismissal
2.5 Refusal to do work assigned Dismissal
2.6 Punching another employee’s time card Dismissal
2.7 Intentionally reporting incorrect production or
falsifying records
Dismissal
2.8 Abusive or threatening language to any supervisor or
to any employee
Written reprimand 3-day suspension Dismissal
2.9 Willful destruction or defacing City property Dismissal
2.10 Fighting on City property 3-day suspension Dismissal
2.11 Failure to report to your supervisor any accident you
have while at work within current working shift
Written reprimand 3-day suspension Dismissal
2.12 Horseplay Written reprimand 3-day suspension Dismissal
2.13 Unauthorized use of equipment or property Written reprimand 3-day suspension Dismissal
2.14 Leaving the work assignment during working hours
without permission
Written reprimand 3-day suspension Dismissal
2.15 Disregarding starting and quitting time for shifts and
rest periods
Written reprimand 3-day suspension Dismissal
2.16 Unexcused absence or persistent absenteeism Written reprimand 3-day suspension Dismissal
2.17 Abuse of sick leave policy Written reprimand 3-day suspension Dismissal
2.18 Absent for 3 days without notice Dismissal
2.19 Substandard quality of work Written reprimand 3-day suspension Dismissal
2.20 Disobeying safety regulations Written reprimand 3-day suspension Dismissal
2.21 Failing to notify your supervisor that you will be
absent from work that day
Written reprimand 3-day suspension Dismissal
2.22 Sleeping on duty Written reprimand Dismissal
2.23 Failure to drive City vehicles in a safe manner Written reprimand 3-day suspension Dismissal
2.24 Discourteous or degrading service to citizens of the
City
Written reprimand 3-day suspension Dismissal
2.25 Insubordination Dismissal
2.26 Unauthorized distribution of written printed material of
any description
Written reprimand 3-day suspension Dismissal
2.27 Unauthorized solicitation or sales on premises Written reprimand 3-day suspension Dismissal
2.28 Willful violation of written rules, regulations policies or
directives
Written reprimand 3-day suspension Dismissal
2.29 Conviction of a felony Dismissal
48
36
2.30 Receiving 3 reprimand letters in 9 months Dismissal
2.31 Receiving 3 suspensions within 9 months Dismissal
2.32 Willful violation of any federal, state or local laws,
excluding traffic
Dismissal
2.33 Any employee required to have a valid driver’s
license or CDL – conviction of DUI and failure to
obtain a work permit
Dismissal
2.34 Any employee required to have a valid driver’s
license or CDL and they fail to maintain insurability
Dismissal
2.35 Failure to follow 49CFR Part 382 of Omnibus
Transportation Employee Testing Act of 1991 and the
DOT policies for CDL drivers
See specific Act
for discipline
required
2.36 Sexual harassment or other unwelcome behavior of
another employee or other person
Suspension or
dismissal
Dismissal
2.37 Unauthorized possession of firearms on City property Dismissal
2.38 Failure to report off-duty misconduct. All Employees
shall report off-duty conduct that results in charges
being filed against him/her. At a minimum, an
Employee must report the name of the Agency
involved, the date of the incident, and the reason the
Agency responded. An Employee is deemed to have
failed to report and violated this section if he/she fails
to report the incident to his/her supervisor within two
working days after he/she returns to work.
Dismissal
1. Employees are encouraged to report off-duty conduct that results in official
contact or interaction with a law enforcement agency.
2. Employees, after completing their initial twelve (12) month probationary period,
shall not be discharged except for just cause.
3. In all cases of suspension or discharge, the employee must be presented with a
dated written statement outlining the reason for such action.
4. As noted, the preceding are maximum penalties, and circumstances will be
considered in actual determination of penalties.
The foregoing enumeration of rules covering discipline and dismissal is primarily presented here
by way of illustration and shall not exclude the Employer’s right to discipline or dismiss
employees for other just causes.
49
37
ADDENDUM “E”
POLICE OFFICER STEP SYSTEM
COMMUNICATIONS OFFICER STEP SYSTEM
For purposes of pay, Laurel Police Officers and Laurel Communications Officers must possess
the below listed education and experience in order to receive pay in accordance with th e STEP
System. All STEP requirements shall be in accordance with the Montana Law Enforcement
Academy (MLEA) certification standards.
Implementation of the MLEA standards
Officers and Communications Officers shall not be reduced in STEP if they do not
currently possess the necessary requirements for their current STEP. Officers and
Communications Officers shall remain in their current STEP until such a time they obtain the
necessary requirements for advancement.
Patrol Officer: A Patrol Officer must possess a Basic MLEA Certificate.
Senior Patrol Officer: A Senior Patrol Officer must possess a MLEA Intermediate Certificate.
Master Patrol Officer: A Master Patrol Officer must possess a MLEA Advanced Certificate.
Communications Officer I: Must possess a MLEA Basic Certificate
Communications Officer II: Must possess a MLEA Intermediate Certificate
Communications Officer III: Must possess a MLEA Advanced Certificate
Employer agrees to reasonably provide educational opportunities for its police officers and
communications officers to obtain the educational hours necessary to help them achieve the
requisite educational hours for Senior Patrol and Master Patrol Officers, and Communications
Officer II and Communications Officer III
50
38
ADDENDUM “F”
POLICE/DISPATCH RETENTION SYSTEM
Years of Service = $.05/hour Increase beginning 2nd year of employment
$.10/hour increase beginning year 11-15 and then returns to $.05/hour.
Amounts will not compound. This is for all 303 Members. This amount is based on work year
of 2080 hours/year. Yearly amount will depend on regular hours worked. This no cap on years
of service.
Years Increase/Hour Yearly Increase
1 $ .00 $ .00
2 $ .05 $ 104.00
3 $ .10 $ 208.00
4 $ .15 $ 312.00
5 $ .20 $ 416.00
6 $ .25 $ 520.00
7 $ .30 $ 624.00
8 $ .35 $ 728.00
9 $ .40 $ 832.00
10 $ .45 $ 936.00
11 $ .55 $1,144.00
12 $ .65 $1,352.00
13 $ .75 $1,560.00
14 $ .85 $1,768.00
15 $ .95 $1,976.00
16 $ 1.00 $2,080.00
17 $ 1.05 $2,184.00
18 $ 1.10 $2,288.00
19 $ 1.15 $2,392.00
20 $ 1.20 $2,496.00
21 $ 1.25 $2,600.00
22 $ 1.30 $2,704.00
23 $ 1.35 $2,808.00
24 $ 1.40 $2,912.00
25 $ 1.45 $3,016.00
51
39
52
Council handout
1) 3-year contract to run July 1 2021 to June 30 2024.
2) Detectives pay – removed language “for city cases” from contract – any member assigned to
the Detective position will now receive the $1.00 per hour as incentive pay. “b. Detectives –
Union members who are assigned to the detective division for city cases will receive an
additional one dollar ($1.00) per hour as incentive pay for these additional
responsibilities.”
3) Sergeants pay - c. Sergeant – Union members who are assigned to the Sergeant
position will receive an additional one dollar and fifty cents ($1.50) per hour as incentive
pay for these additional responsibilities.
4) Canine pay – d. Canine Officer – Union members who are assigned to the Canine
position will receive a three hundred and fifty dollar ($350) monthly stipend as incentive
pay for the additional responsibilities associated with having a dog.
5) TAC/Assistant TAC - e. Terminal Agency Coordinator (TAC) – Union members who
are assigned to the Assistant TAC position will receive an additional one dollar ($1.00)
per hour as incentive pay for these additional responsibilities. The Union member who
is assigned to the TAC position will receive an additional one dollar and fifty cents
($1.50) per hour as incentive pay for these additional responsibilities. (For fiscal year
21/22 Assistant TAC will receive incentive pay of fifty (.50) cents per hour and TAC will
receive seventy-five (.75) cents per hour and for Fiscal year 22/23 Assistant TAC will
receive an additional fifty (.50) cents per hour and TAC will receive an additional
seventy-five (.75) cents per hour, in addition to the overall percentage wage increase.)
6) Bereavement leave – language shored up to reflect - Upon the death of a member of the
employee’s immediate family, an employee may be granted up to three (3) working
days off with pay for the employee’s work period, not to exceed 24 hours for each
death.
7) Shift Bid language - b. Police officers and Dispatchers shall bid for shifts three times
each year and shall begin on the first Monday of a new pay week in the months of
January, June and September. Police Officers shall bid shifts three times each year
and shall begin on the first Monday of a new pay week in the month of January. Shift
bids for the months of May/June and August/September shall be on the first Monday of
a new pay week to coincide with the beginning and ending of the school year (Shift bids
will coincide with the vacation request. Each employee will have five (5) calendar days
53
to complete their request at which time it will proceed to the next employee in order of
seniority
Language was also added to reflect possibility of part time personnel in the
parking/animal control –
g. The work period for part-time personnel shall be assigned as needed by the
Employer’s Chief of Police or designee.
8) Gym Membership - Section 8. Gym Membership: The City agrees to pay the annual
gym membership, up to $300.00 per year per employee, who ele ct to participate in the
Gym Membership program offered through the City’s insurance plan. If the City’s
insurance plan no longer offers provisions for gym membership, the City agrees to
reimburse the employee up to $300.00 per year for gym membership. Reimbursement
will only be made after the employee provides the City a gym membership receipt. The
City agrees to pay the annual gym or fitness center membership for each employee at
the Locomotion Fitness Center to encourage employee health and wellness. If an
employee elects to utilize a different fitness facility, the City agrees to reimburse the
employee up to $300.00 per year for his/her membership. Reimbursement will only be
made after the employee provides the City a gym membership receipt showing h e/she
has in fact paid for the membership.
9) WAGES – 3-year contract increases are year 1 and 2 - 2% and year 3 - 3%
2% to base Year 21/22 2% to base Year 22/23 3% to base Year 23/24
54
File Attachments for Item:
5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Request A Traffic
Study For A Portion Of West Main Street Within The City Of Laurel.
55
R21-__ West Main Street Traffic Study Request
RESOLUTION NO. R21 -____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
REQUEST A TRAFFIC STUDY FOR A PORTION OF
WEST MAIN STREET WITHIN THE CITY OF LAUREL.
WHEREAS, City Staff has recommended the Mayor and City Council consider
requesting a traffic study on West Main Street, from the intersection of 4th Avenue to the
900 Block of West Main Street to determine if a lower speed limit is appropriate as well as
installing a four way stop at West Main Street and 5th Avenue due to high traffic volume at
the intersection; and
WHEREAS, the Mayor met with Staff and determined that a traffic study is
appropriate and necessary due to the City’s growth and increased traffic in the areas
identified by Staff; and
WHEREAS, based on the recommendations of the City Staff and Mayor, the City
Council has determined requesting a traffic study for the area identified herein is in the
City’s best interest at this time.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the Mayor is hereby requested and authorized to submit a written request to
the Montana Department of Transportation (“MDOT”) on the City’s behalf, requesting a
traffic study that is consistent with the recommendations from City Staff which are attached
hereto and incorporated herein.
Introduced at a regular meeting of the City Council on ________________, 2021,
by Council Member ________________________.
Introduced at a regular meeting of the City Council on April ___, 2021 by Council
Member _________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana this
___ day of _______________, 2020.
APPROVED BY THE MAYOR this ____ day of April, 2021.
CITY OF LAUREL
_____________________________
Thomas C Nelson, Mayor
ATTEST:
________________________________
Bethany Langve, Clerk/Treasurer
56
R21-__ West Main Street Traffic Study Request
APPROVED AS TO FORM:
________________________________
Sam S. Painter, Civil City Attorney
57
CITY HALL
115 W. 1ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
January 13, 2021
Regarding the Need for a Traffic/Speed Study at the Intersection of West Main Street and 5th Avenue.
Mr. Mayor and City Council,
I would like to have City Council discuss approving the submittal of a letter to MDT to study the
intersection of West Main Street and 5th Avenue. Chief Langve contacted me in the fall to discuss the
need for a traffic and/or speed study at the intersection of West Main Street and 5th Avenue. Increased
development on the western edge of Laurel and the recent opening of the West Laurel Interchange will
bring increased traffic volume into the city. He would like to see some sort of traffic/speed mitigation to
handle the steady increase in traffic in that area.
Chief Langve and I would like to see this intersection studied by MDT. MDT can conduct a traffic/speed
study of the situation after receiving a letter from the City Council officially stating the request. I would
be happy to draft the text of a letter to provide to MDT on behalf of the City Council. I have also provided
Chief Langve’s letter on the situation. Please let me know if you have any questions about this request.
Thank you for your time.
Regards,
Nicholas Altonaga, CFM
Planning Director
58
September 30, 2020
To whom it may concern,
I am writing regarding traffic concerns on West Main Street in Laurel, MT. Currently the speed
limit increases from 25 MPH to 35 MPH as you are west bound on West Main Street near the
intersection with 4th Avenue. It then increases to 45 MPH around the 900 Block of West Main
Street.
I am a lifelong resident of Laurel and this has been the speed limit configuration for as long as I
can recall. Both as a resident and a Police Officer, I have noticed many changes in Laurel over
the decades. The City of Laurel is growing as is the area surrounding Laurel. This has meant an
increase in businesses, population density, and vehicle traffic. I have long believed that the 35
MPH speed limit from 4th Avenue to the 900 block of West Main Street was too fast and should
be reduced to 25 MPH out to the west of Wood’s Powr -Grip. With the recent improvements of
the West Laurel interchange there will be significant increases to vehicle traffic and development
to the west side of Laurel. In my opinion, this is a change that is decades overdue.
I also support a study to determine the feasibility of making the intersection of West Main Street
and 5th Avenue a 4-way stop. There is significant traffic that uses the 5th Avenue crossing due too
refinery traffic and the Laurel South School. With West Main being a through street, it creates a
significant hazard with vehicles and school busses attempting to navigate the increased traffic
flow aggravated by the 35 MPH speed zone. A 4-way stop would help traffic getting onto and
leaving south 5th Avenue. It would also greatly increase the safety of bicyclists and pedestrians
attempting to cross West Main Street.
These two easily implemented and inexpensive measures could be put into place quickly and
greatly increase the safety of our motoring, bicycling, and pedestrian public.
Respectfully,
Chief Stanley J. Langve
LAUREL POLICE DEPARTMENT
215 West 1st Street, Laurel, MT 59044 Phone: 406-628-8737 Fax: 406-628-4641
Chief of Police Stanley J Langve
59
File Attachments for Item:
6. Resolution - A Resolution Of The City Council Granting A Variance From The City’s Zoning
Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And
Building Design Standards On A Parcel Of Property Located On East Railroad Street.
60
R21-____ EBY Trailers Variances: East Railroad Street
RESOLUTION NO. R21-___
A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY’S
ZONING ORDINANCE TO DISREGARD THE BUFFERYARD REQUIREMENT, SIGHT-
OBSCURING FENCE REQUIREMENT AND BUILDING DESIGN STANDARDS ON A
PARCEL OF PROPERTY LOCATED ON EAST RAILROAD STREET.
WHEREAS, the property located on East Railroad Street (as further described herein) is currently
zoned Highway Commercial and is within the Community Entryway District and SE 4 th Street Overlay
District pursuant to 17.26 and 17.27 of the Laurel Municipal Code (“LMC”); and
WHEREAS, such zoning provides that all buildings must be completed on all sides, roofs shall be
finished with material that is architecturally compatible in color and design with the construction of the
building, must conform to specific façade requirements, include sight-obscuring fencing, and bufferyards
that meet specific requirements of the City; and
WHEREAS, on January 28, 2021, the property owner, by and through its agent, prepared and filed
a Variance Request Application seeking a variance from the zoning requirements for the property at issue
as provided in his application which is part of the record in this proceeding; and
WHEREAS, the Laurel City-County Planning Board acting as the City’s Zoning Commission held
a public hearing on the variance request on March 17, 2021 at 5:35 pm. The Zoning Commission received
public comments generally supporting the requested variance and no opposition specific to the requested
variances; and
WHEREAS, the Zoning Commission’s record and decision is contained in the City-County
Planning Board meeting minutes which are incorporated as part of this resolution as well as all documents
submitted into the record; and
WHEREAS, the Zoning Commission considered all of the documentary evidence in the record
along with the testimony presented at the public hearing, and recommends the approval of the requested
variances, subject to the conditions recommended by Staff as follows:
1. The proposed fencing shall be black six (6) foot high chain link fencing, securely affixed
and/or anchored.
2. The proposed fencing shall not become an eye sore by way of a lack of regular maintenance
and/or repair.
3. Ensure dust and gravel control measures are in place to keep road debris off of public right
of way.
4. The lot and landscaping must be kept free of weeds as per the City of Laurel Weed
Management Plan.
5. The development shall comply with the requirements of the Laurel Sign Code.
61
R21-____ EBY Trailers Variances: East Railroad Street
WHEREAS, the City Council held a public hearing concerning this matter on April 13, 2021.
WHEREAS, based on the evidence contained in the record, including the Zoning Commission’s
File, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City
of Laurel to allow the variances since:
1. granting the variance in this case relates only to a special condition that is specific to the
applicant;
2. the current hardship was not created by the applicant;
3. the variance requested appears to be within the spirit, intent and purpose of the zoning
regulations; and
4. granting the variance will not injure or result in an injustice to others.
NOW THEREFORE, BE IT RESOLVED that the owner’s request for a variance is hereby approved
for the property located at East Railroad Street further described as follows:
ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 1B, AMD BLK 1
LT 1 (17) , Yellowstone County, Montana
BE IT FURTHER RESOLVED, pursuant to the variance, the Property Owner may disregard the
buffreyard requirement, sight-obscuring fence requirement, and building design standards for the property
described herein; and
BE IT RESOLVED, that the variance is approved subject to the following conditions:
1. The proposed fencing shall be black six (6) foot high chain link fencing, securely affixed
and/or anchored.
2. The proposed fencing shall not become an eye sore by way of a lack of regular maintenance
and/or repair.
3. Ensure dust and gravel control measures are in place to keep road debris off of public right
of way.
4. The lot and landscaping must be kept free of weeds as per the City of Laurel Weed
Management Plan.
5. The development shall comply with the requirements of the Laurel Sign Code.
Introduced at a regular meeting of the City Council on April ___, 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 April, 2021.
62
R21-____ EBY Trailers Variances: East Railroad Street
CITY OF LAUREL
_____________________________
Thomas C Nelson, Mayor
ATTEST:
________________________________
Bethany Langve, Clerk/Treasurer
APPROVED AS TO FORM:
________________________________
Sam S. Painter, Civil City Attorney
63
AGENDA
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, MARCH 17, 2021
5:35 PM
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 5:45pm
John Klasna
Roger
Evan Bruce
Dan Koch
Judy Goldsby
Nick Altonaga (City of Laurel)
Gavin Williams (arrived at 5:45pm)
General Items
2. Meeting Minutes: February 17, 2021
The Chair presented the minutes from the meeting on February 17, 2021.
Dan Motioned to accept the minutes from February 17, 2021 meeting.
Jon Seconded.
Motion Carried.
New Business
3. Public Hearing: EBY Trailers Variance (E. Railroad St.)
The Planning Director presented the details of the staff report.
Judy questioned where the exact location of the development was. The Planning Director explained that
it was located towards the end of E. Railroad street, adjacent to other recent developments.
The Chair Called for Proponents
Chuck Henricks, EEC Engineering
720 Well West Lane, Billings, MT
The civil engineer representing the client on this application as well as previous similar applications.
These are similar to the previous variances applied for. The only difference is that this project is within
the SE 4th Street Overlay District and provides alternatives to that strict standard.
Rustic Modern versus traditional log and stone façade.
• The Variance for the fastener panels will only be on the east side of the building.
64
• Roof is architectural concealed fastener panelling, along with the rear portion.
• Bufferyard variance is self-explanatory – Sewer main line exists within the landscape bufferyard
area.
• Landscaping islands – Only looking for this for the 8 employee parking spots.
• Have about 6-7x the required parking spots.
Roger: Roof type?
24 gauge
Standing seam, trapezoidal, 3inch tall.
The Chair Called for Proponents
The Chair Called for Proponents
The Chair Called for Opponents
The Chair Called for Opponents
The Chair Called for Opponents
There being none, the chair moved on to Planning Board discussion.
Jon had questions about the number of bays for trailers.
2 exterior, and additional bays inside.
Dan asked about Fire protection.
We are under the square foot requirements for fire suppression systems.
Dan called the question.
The Chair summarized the situation.
Board members discussed additional possible conditions of approval. The Planning Director will update
the staff report to suit the situation.
• All applicable building and other permits shall be applied for
• The development shall comply with the sign code.
Gavin Motioned to approve the Variance for EBY Trailers with the staff conditions of approval
presented in the Staff Report.
Evan Seconded.
Motion Carried.
4. Public Hearing: 801 E. Main Street Zone Change
Nick presented the findings of the staff report.
The Chair called for Proponents.
Shannon Otis. 3670 Spaulding Ave, Billings, MT
• Owner of the company that owns 801 E. Main St.
• The current parking requirements limit the amount of development on the lot.
65
• Plan to fix the laydown on the lot in order to fix the landscaping.
• Proposing new curbing along the property.
• The current zoning limits the development due to parking. This zone change focuses on the
current rehabilitation.
Roger- Entrances to the rentals? What side will they be on?
The East. Can enter from Main Street and the rear street. Hope to close up the accesses.
Dan: The property line between the car wash and the current building should be considered. That
neighboring Convenience store and Car wash – Is there an agreement for shared access?
The alleyway is on the 801 E Main Property, but the owner and the neighboring owner want to
keep shared access.
The Chair Called for Proponents
Dan Foos – Owner of neighboring Car Wash and Gas Station. Questions on lots. Sidewalks
• Sidewalks will be on the western edge of the property.
• Stormwater drainage is a concern.
• Can they build across
Shannon – We don’t have the current plans to build on the north side.
Parking situation?
Currently will have them behind the building,
Wil utilize on-street parking on Alder
Dan Foos –
• Concerned about E. 4th Street access. No problem with on-street parking on Alder. But want to
ensure access to the rear of his properties to the East.
• Pins for the driveway – They are at the centerline of the driveway. Need to be sure to
Dan: What will the parking area be composed of?
Shannon: Right now, we are planning to clean it up and put gravel down. And keep the gravel
out of the street through curbing.
Dan: Greenery?
Boulevard areas will have greenery.
There are water pooling issues on-site currently.
Need to decide how the water will be channeled.
Roger: Catch basins on the property? Aren’t there two on the corners of the property?
The Chair Called for Opponents
Kurt Bradley, Lives across the street. Not necessarily an opponent but wanted to provide comment.
• Dan Foos and his wife have been very good neighbors with maintenance.
• Currently down-wind from this development. Garbage dumping brings an aroma.
• The City tried to put garbage cans in the street and it did not work well.
66
• Placed the garbage cans on Alder. This caused stray trash to blow into his yard. We HAVE to
deal with garbage pick-ups and routes. Street strength? Garbage corrals/enclosures? Have
concerns about the situation due to not wanting to pick up stray trash in the front yard. What
might help is to ensure that all garbage is bagged.
• Garbage collection currently – Foos property has one can on the block but many adjacent
property owners drop their trash in it. Have moved the can down to Alder Avenue due to the bad
road conditions. This works better for the garbage route. The cans can fill up very fast.
The Chair Called for Opponents
The Chair Called for Opponents
The board moved on to voting.
Dan called for the question.
Jon Motioned to approve the Zone Change for 801 E. Main Street with the conditions presented in the
staff report.
Roger Seconded.
Motion Carried.
5. Sign Review: Jimmy John's, SE 4th Street
Nick presented the Sign permit for Jimmy Johns at the new retail location on SE 4th Street.
What side will the Drive-Thru be on?
East Side.
Gavin Motioned to approve the sign permit for new Jimmy John’s location.
Jon Seconded.
Motion Carried.
Old Business
Other Items
6. Ongoing Projects
Casa Linda Subdivision
Cherry Hills Subdivision
Golf Course Annexation and Subdivision
Goldberg Sporting Estates
Dyer PUD In-office.
West Laurel Interchange Planning
BSTF Planning Grant
Downtown Parking Study
Downtown Landscaping and Lighting
Zoning Code Update
Announcements
7. Adjourn
67
8. Next Meeting: April 21, 2021
Meeting Adjourned at 6:56pm.
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
68
1
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: EBY Trailers – East Railroad Street Variance Request
DATE: March 24, 2021
N/LOCATION:
DESCRIPTION OF REQUEST
A Variance Request Application was submitted by EEC Engineering for the property owner of
ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 1B, AMD BLK 1 LT 1 (17), located on East
Railroad Street in Laurel. Five (5) variances are being applied for to LMC Chapter 17.26 – Community
Entryway Zoning District and Chapter 17.27 – SE 4th Street Overlay District. The affected property is
currently not assigned an address. The parcel is zoned Highway Commercial and is within the
Community Entryway Zoning District and SE 4th Street Overlay District. The applicant is requesting
variances to disregard the bufferyard requirement, sight-obscuring fence requirement, and building
design standards. The applicant is requesting four variances to LMC 17.26 – Community Entryway
Zoning District including:
a. 17.26.052 Development Standards Part B: Building Design Standards, Part 1,
b. 17.26.052 Development Standards Part C: Additional Provisions for Commercial Uses,
c. 17.26.054 Landscaping Standards part B.1: Bufferyard Requirements.
d. 17.27.060 Building Design Requirements Part A
e. 17.27.070 Site Design Requirements Part C.
Owner: TNL Big Sky LLC
Legal Description: ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 1B, AMD BLK 1 LT
1 (17)
Address: E. Railroad St.
Parcel Size: 3.2 Acres
Existing Land Use: Vacant Field
Proposed Variance: Design standards and landscaping standards within the Community Entryway
Zoning District and SE 4th Street Overlay District.
Existing Zoning: Highway Commercial, Community Entryway Zoning District, SE 4th Street Overlay
District
69
2
BACKGROUND AND PROCEDURAL HISTORY
• A pre-application meeting was held in December 2021 with the Planning Director,
Building Official, and Public Works Director with staff from EEC Engineering, the
representatives of the owner/developer.
• The Variance Application was submitted on January 29, 2021.
• The Variance Application fee was submitted on January 29, 2021.
• A Public Hearing took place at the Planning Board / Zoning Commission meeting on
March 17, 2021 to receive public comment and approve, approve with conditions, or
deny the variance requests.
• The Planning Board voted to approve the Variances with the updated Staff Conditions.
• A Public Hearing is scheduled at the City Council meeting on April 13, 2021 to receive
public comment and approve, approve with conditions, or deny the variance requests.
LOCATION:
STAFF FINDINGS
1. The variance application packet is attached and contains the application form, application
cover sheet, detailed justification letter, fee receipt, a site plan, building design plans, and the
public notice.
2. LMC 17.26.052 Part B states:
1. All buildings shall be completed on all sides with one of the following finishing material: brick,
fluted block, colored textured block, glass, stucco, architectural concealed fastener metal
panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed seam
metal buildings shall be prohibited unless covered with an acceptable finishing material.
3. LMC 17.26.052 Part C. Additional Provisions for Commercial Uses states:
1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building
shall be within an area enclosed with a sight obscuring fence at least six feet in height that is
architecturally compatible in color and design with the building. However, promotional
displays, vehicle sales lots and plant materials may be displayed outside of an approved
building or enclosed area so long as they are placed appurtenant to a building wherein the
business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt
from the enclosure of plant materials, and displayed merchandise shall not include any used
equipment. Bufferyards or required landscaping shall not be used for the displaying of
merchandise.
2. LMC 17.26.054 Part B. Landscaping Standards states:
1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a
bufferyard (landscaping strip) adjacent to and along the length of I-90, First Avenue North,
or First Avenue South on which the use fronts. Such landscaping buffer shall extend from
the edge of the public right-of-way. Placement and landscaping design shall be at the
discretion of the developer, and the required trees and shrubs may be clustered to
enhance the view of the property from the public right-of-way as long as such uses
conform with Section 17.26.052(C) of this code. A local design professional or local nursery
must be consulted for assistance with the development of the landscape design. The use
of native, drought-tolerant plant material is strongly encouraged. Evergreen trees are
70
3
encouraged for bufferyards, and canopy trees are encouraged for parking areas. The
planting of trees should be done in such a manner as to provide maximum solar efficiency
throughout the site.
a. The developer shall have the option of one of the following three bufferyards.
Bufferyard depth is measured from the property line adjacent to the public right-of-
way inward. Any buffer area which overlaps another buffer area shall be subtracted
from the total to avoid double counting. The number of trees and shrubs required is
per one hundred feet of frontage:
(1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs
(2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs
(3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs
4. LMC 17.27.060 – Building Design Standards, Part A:
A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life.
The materials to achieve a rustic western appearance are required. Buildings shall be finished
with a minimum 40 percent half log and/or rock accents on the front façade.
5. LMC 17.27.070 – Site Design Requirements, Section C, which states:
a. Landscape islands are required at the terminal ends of all parking rows.
6. The applicant and staff discussed 17.26.052.B.1 and the significant design and building
costs and opportunity costs to future business operations if the Community Entryway
Zoning District codes are fully enforced as compared to similar businesses that currently
exist within the same districts. The proposed design incorporates frontage and façade
details and changes in materials and textures to keep with a rustic western aesthetic.
7. 17.26.052.C.1 requires a sight obscuring fence for businesses storing merchandise outside of an
approved building. The applicant states that the facility will utilize a secure black 6’ chain link
fence in order to secure the site, as well as ensure full visibility of products for the travelling
public.
8. In regard to 17.26.054.B.1, there currently exists a sanitary sewer utility line running along
the southern boundary of the property which would present serious future maintenance
issues and conflicts with established City of Laurel Public Works standards if a bufferyard
was constructed as per code.
9. The Applicant is proposing architectural wood panels with concealed fasteners and
exposed Douglas Fir Heavy Timbers as an alternative to the direct log accent requirement
as stated in 17.27.060.A. It is stated that this meets the spirit, intent, and purpose of the
code, and it would not affect or injure or result in injustice to others.
10. The Applicant is seeking a variance to 17.27.070.C. solely for the parking rows designated
for employees. This is a targeted variance solely on areas not accessible to the public, and
not visible to the general public accessing the site. This variance has been applied to in
order to not limit the potential for frequent maintenance issues and allow flexibility on-
site for removing and/or relocating display trailers and equipment from the showroom
and storage yard.
11. The Highway Commercial District was established to cater to the tourist, traveler,
recreationist, and general traveling public. Requirements to block highway-focused
businesses from marketing merchandise goes against the stated goal of the district.
71
4
PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA
The Zoning Commission shall review and make determinations on variances through Laurel Municipal
Code (LMC) Chapter 17.60.020:
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such
land use variances from the terms of the zoning ordinances as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the provisions of the
ordinances or regulations will result in unnecessary hardship, and so that the spirit of the
ordinances shall be observed and substantial justice done. The zoning commission shall, after a
public hearing, make a recommendation to the mayor and council concerning the land use
variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this
title;
6. Unless the variance would not affect adversely or injure or result in injustice to others;
and
A. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
RECOMMENDATIONS
The Planning Director and Planning Board / Zoning Commission recommend the approval of the
variances with the following conditions of approval:
1. The proposed fencing shall be black six (6) foot high chain link fencing shall be securely affixed
and/or anchored.
2. The proposed fencing shall not become an eye sore by way of a lack of maintenance and/or repair.
3. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way.
4. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan.
5. The development shall comply with the requirements of the Laurel Sign Code.
ATTACHMENTS
1. Variance Application Form
2. Variance Justification Letter
3. Overhead Map with 300ft buffer
4. Site Elevations, Design, and Concept Images
5. List of Adjacent Property Owners within 300ft.
6. LMC 17.60 – Zoning Commission
72
5
7. LMC 17.26 – Community Entryway Zoning District
8. LMC 17.27 – SE 4th Street Overlay District
73
7
4
7
5
7
6
7
7
7
8
7
9
80
8
1
8
2
8
3
8
4
8
5
8
6
8
7
8
8
8
9
Owner name Tax Code Legal Description Mailing Address
KRUM, TERRY R & JUDITH L D02667 NUTTING 2ND FILING, S10, T02 S, R24 E, Lot 1, FRAC LOT 1 1311 E RAILROAD ST LAUREL MT 59044
FORSTNER, GEORGE T & IRENE D02668 NUTTING 2ND FILING, S10, T02 S, R24 E, Lot 1, LESS E65 FT & W 82.40 10 2S 24 1321 E RAILROAD ST LAUREL MT 59044
STRECKER, JOHN JR D02670 NUTTING 2ND FILING, S10, T02 S, R24 E, Lot 1B, LTS 1 & 2 AMD 1978 GALLATIN TI*1411 E RAILROAD ST Laurel MT 59044
BOESHANS, NATHAN P & COLLEEN M D02669 NUTTING 2ND FILING, S10, T02 S, R24 E, Lot 1A, AMEND LTS 1,2 2553 ALPINE VIEW DR LAUREL, MT 59044-9355
FARNES, LEILA A D02671 NUTTING 2ND FILING, S10, T02 S, R24 E, Lot 2, E 1 A OF LOT 2 1423 E RAILROAD ST LAUREL, MT 59044-3339
MONTANA RAIL LINK D13144C S10, T02 S, R24 E, INFORMATIONAL ONLY - CENTRALLY ASSESSED PARCEL IN SEC 10-2S-*PO Box 16624 Missoula MT 59808-6624
CHS INC D02712 S15, T02 S, R24 E, FRAC N2NW S OF HWY (LESS C/S 1142 & 1291)PO Box 909 Laurel MT59044-0909
CHS INC D02713 S15, T02 S, R24 E, C.O.S. 1142, PARCEL 1, AMND PO Box 909 Laurel MT59044-0909
X LAZY H LLC B03037A ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 2B 10087 HIGHWAY 12 JOLIET, MT 59041
X LAZY H LLC B03037B ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 2C 10087 HIGHWAY 12 JOLIET, MT 59041
X LAZY H LLC B03037C ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 2D 10087 HIGHWAY 12 JOLIET, MT 59041
DIEFENDERFER FAMILY TRUST B03036 ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 1A, AMD BLK 1 LT*3619 FLAGSTONE DR BILLINGS, MT 59102-0301
DIEFENDERFER FAMILY TRUST B03036A ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 1B, AMD BLK 1 LT 1 (17)3619 FLAGSTONE DR BILLINGS, MT 59102-0301
90
Chapter 17.60 - ZONING COMMISSION
Sections:
17.60.010 - Powers and duties.
The city-county planning board shall act as a zoning commission whose duty it shall be to
recommend the boundaries of the various original districts and appropriate regulations to be enforced
therein.
(Prior code § 17.08.010)
17.60.020 - Land use variances issuance and denial—Determination procedure.
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land
use variances from the terms of the zoning ordinances as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions of the ordinances or
regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be
observed and substantial justice done. The zoning commission shall, after a public hearing, make a
recommendation to the mayor and council concerning the land use variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this title;
6. Unless the variance would not affect adversely or injure or result in injustice to others; and
7. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
91
Chapter 17.26 - COMMUNITY ENTRYWAY ZONING DISTRICT
Sections:
17.26.010 - Intent.
The purpose of the Laurel Entryway Zoning District is to regulate outdoor advertising, outdoor
advertising signs, and outdoor signs of all types, to provide fair and comprehensive regulations that will
foster a good visual environment for Laurel, enhancing the area in which we live, and creating an
aesthetic and enjoyable appearance for our visitors and our residents.
The natural landscape in the Yellowstone Valley is a major influence on the form and character of
Laurel. Residents appreciate being able to see the Beartooth Range, the river's corridor of trees, and the
large expanse of sky. The intent of the Community Entryway Zoning District (EZD) is to promote
attractive, high quality development and to provide an appealing image of the city of Laurel to the
traveling public and the people of the community and region. Further, it is the intent of this district to
maintain a sensitivity toward existing development while preserving scenic vistas and the pastoral
ambience and protecting environmentally sensitive areas. Creativity in meeting these requirements is
encouraged with the overall intent of all development representing the image and economy of the
Laurel area—and not just a reflection of the same commercial buildings, signage, and parking lots that
are seen alongside the interstate across the nation.
Projects in the vicinity of large natural areas/corridors shall be designed to compliment the visual
context of the natural area. Techniques include architectural design, site design, use of native
landscaping, and choices of colors and building materials shall be utilized in such manner that scenic
views across or through the site are protected and man-made facilities are screened from off-site
observers and blend with the natural visual character of the area.
This overlay district provides requirements that are in addition to the existing, underlying zoning
districts in the jurisdictional area of the city of Laurel and are in addition to the signage standards of the
city of Laurel Municipal Sign Code. Except for signage applications, residential uses in the Entryway
Zoning District are exempt from the provisions herein.
The intent of this section is to:
A. Promote a physical landscape that will assist in making Laurel an attractive place to live and
work and be inviting to new industries;
B. Encourage creativity in design and quality in site planning and development;
C. Reduce the level of adverse impacts from the transportation system on adjoining lands;
D. Promote development patterns in harmony with the goals and objectives of Laurel's Growth
Management Plan;
H. Promote compatible land use transitions with a sensitivity toward existing residential uses.
Non-commercial/industrial uses falling within the EZD are exempt from the requirements of the
EZD except as such requirements pertain to signage.
(Ord. 02-31, 2002)
17.26.030 - Location of district.
92
The Community Entryway Zoning District (EZD) shall extend three hundred feet on either side of
Interstate 90 right-of way as it extends through the Laurel Zoning Jurisdiction Area, an area that extends
outside the city municipal limits one mile. Specifically, along the interstate the EZD shall extend as
described from the east limit of the extra-territorial zoning boundary west to the limit of the west extra-
territorial boundary. The district shall also include that area three hundred feet on either side of the
north extra-territorial boundary on Buffalo Trail Road south through Laurel on First Avenue to where
First Avenue turns into US Highway 212-310
(Ord. 02-31, 2002)
(Ord. No. O15-03, 5-5-2015)
17.26.040 - Application and approval process.
A. All plans and applications for development shall be submitted to the city-county planning board. All
applications involving signs shall be submitted to the public works department which shall provide
a copy thereof to the planning board. All applications must be submitted and signed by the
property owner, lessee, the contract purchaser, or the authorized agent of the property owner.
Approval is required prior to any construction activity.
B. Each application shall include, but not be limited to, the following information:
1. The name and address of the property owner;
2. The name and address of the applicant;
3. The legal description of the parcel;
4. A map drawn to scale showing the dimensions, acreage, location of the parcel, north arrow,
streets and adjacent land uses;
5. A complete site plan drawn to a scale of no less than 1″ = 40' showing the dimensions and
locations of all structures, streets, paving, parking, landscaping, signage, waterways or other
significant features of the development;
6. Complete elevation drawings drawn to scale including the dimensions and height of the
structure;
7. Signage Plan specifications, location, and ground lighting pattern (applications for signs only—
see Section 17.26.050); and
8. Application review fee.
C. Within fifteen working days following the submittal of a complete application, the planning
director, other city designee, or the public works department (in the case of signs) shall issue
approval for development or sign or a denial of the application, unless the applicant consents in
writing to an extension of the review period. Should the application be denied, the applicant shall
be notified in writing specifying the reasons for the denial.
(Ord. 02-31, 2002)
17.26.050 - Definitions.
93
All terms shall have the same meanings as defined elsewhere in the city zoning ordinance or city
signage regulations. The standard dictionary meaning shall be applied to terms not otherwise defined.
(Ord. 02-31, 2002)
17.26.052 - Development standards.
A. Signage.
1. Review Consideration. Signage in the EZD needs to recognize the relationship between
adjacent land uses and the natural features of the location such as existing views and
proximity to residences. Although signs perform a function in providing information
concerning services, products, and business, a profusion of signs produces a cumulative effect
that cancels out individual effectiveness and detracts from the appearance of the community
as a whole. All signage shall be reviewed with the following considerations and criteria:
a. Use of subdued, low-key colors;
b. Location, size, and height that do not obstruct views of the community, the river corridor,
traditional open spaces, or the mountains;
c. Sign is built of permanent, durable materials;
d. Size and location avoids or minimizes the sense of clutter with nearby signs;
e. The sign is professionally prepared and finished on both sides;
f. The location and placement of the sign will not endanger motorists or pedestrians and
does not interfere with the clear vision triangle at street, railroad, or street driveway
intersections;
g. The sign will not cover or blanket any prominent view of a structure or façade of historical
or architectural significance;
h. The sign will not obstruct views of users of adjacent buildings to side yards, yards or to
nearby open space;
i. The sign will not negatively impact the visual quality of a public open space such as a
recreation facilities, square, plaza, court yard and the like;
j. The sign cannot be seen from the Yellowstone River or any city, county or state park or—if
it can be seen—it must be located one thousand feet from the boundaries of such spaces.
2. Only one sign is allowed per parcel of record and there shall be at least one thousand feet
between signs.
3. A construction permit is required whenever the sign copy is changed and any alterations to the
sign are made.
4. Signs shall be limited to one hundred sixty square feet in copy area.
5. Non-conforming signs are required to be brought into compliance with this section within six
years from the date of adoption of this ordinance or upon the earliest occurrence of the
following events.
a. The sign is relocated or replaced;
94
b. The structure or size of the sign is altered in any way;
c. The sign suffers more than fifty percent appraised damage or deterioration or the sign is
taken out of service for any reason, such as being knocked down by weather or other
means;
d. If any non-conforming sign is abandoned or voluntarily discontinued for a period of one
hundred eighty days, any subsequent use must be in conformity with this ordinance. An
abandoned sign is a sign which no longer identifies or advertises a bona fide business,
lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
An abandoned sign is to be removed by the owner within fifteen days of notice from the
public works department.
6. No portable signs as described in the city signage ordinance are allowed in the EZD.
7. Transit Bus Benches. Transit bus benches, with or without advertising, may be placed within
the city right-of-way upon application and approval of the ADA coordinator, the transit
administrator and in consultation with the public work director. All benches must comply with
any applicable city, state, and or/federal standards or regulations. The city may approve a
bench provider, with or without advertising, pursuant to its procurement policy, as amended.
8. Lighting. All sign lighting must incorporate cut-off shields to direct light downward. Luminaries
shall not be visible from adjacent streets or properties. A sign's lighting will not cause
hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto
adjacent business or residential areas.
B. Building Design Standards.
1. All buildings shall be completed on all sides with one of the following finishing material: brick,
fluted block, colored textured block, glass, stucco, architectural concealed fastener metal
panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed
seam metal buildings shall be prohibited unless covered with an acceptable finishing material.
2. Roofs shall be finished with a material that is architecturally compatible in color and design
with the construction of the building. Metal roofs, fascia, and mansards shall be limited to the
following: standing seam, metal shakes or shingles and architectural metal treatments. All
mechanical equipment placed on top of any roof shall be screened by a parapet or other
similar architectural apparatus being at least the height of the mechanical equipment. Pitched
roofs are encouraged whenever possible.
3. Long, flat facades that front on the interstate highway, First Avenue North or First Avenue
South having more than one hundred lineal feet are prohibited. Buildings over one hundred
feet in length shall incorporate one of the following: recesses, off-sets, angular forms,
landscaping features or other architectural features such as bell towers, clock towers, to
provide a visually interesting shape. The break in the facade shall be minimum of eight feet in
length. A single uninterrupted length of a facade shall not exceed one hundred lineal feet. It is
encouraged that each offset area contains landscaping or other similar amenities which will
complement the offset area.
C. Additional Provisions for Commercial Uses.
1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building
shall be within an area enclosed with a sight obscuring fence at least six feet in height that is
architecturally compatible in color and design with the building. However, promotional
95
displays, vehicle sales lots and plant materials may be displayed outside of an approved
building or enclosed area so long as they are placed appurtenant to a building wherein the
business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt
from the enclosure of plant materials, and displayed merchandise shall not include any used
equipment. Bufferyards or required landscaping shall not be used for the displaying of
merchandise.
2. Site Lighting. All outdoor lighting shall be designed, located and mounted at heights no greater
than eighteen feet above grade for non-cutoff lights and thirty-five feet above grade for cutoff
lights. All outdoor lighting shall be designed and located such that the maximum illumination
measured in foot-candles at the property line shall not exceed three-tenths foot-candle for
non-cutoff lights and three foot-candles for cutoff lights.
3. Storage of Junk. No person shall store junk, partially or completely dismantled vehicles, or
salvaged materials in any commercial zone outside a building. In the case of automobile repair
shops, such materials must be enclosed within a building or an area having a sight-obscuring
fence at least six feet in height.
4. Solid Waste Area. All solid waste storage facilities shall be located within an area enclosed with
a sight-obscuring fence or wall that is architecturally compatible in color and design with the
building.
D. Cell Towers.
No wireless communication facilities are allowed in the entryway zone.
(Ord. 02-31, 2002)
(Ord. No. O11-07, 6-7-2011; Ord. No. O16-02, 2-2-2016)
17.26.054 - Landscaping standards.
Landscaping in the form of trees, shrubs, and groundcover serve several purposes: The softening of
harsh building forms and paved areas, the absorption of ground water, the reflection of seasonal color
change, the provision of sound barriers (such as around utility substations or industrial yards), and urban
wildlife habitat.
A. Landscaping Definitions.
Canopy Tree. A species of tree which normally bears crown foliage no lower than six feet
above ground level upon maturity. Minimum size of canopy trees shall be two and one half
inches in caliper.
Evergreen Tree or Shrub. A tree or shrub of a species which normally retains leaves /
needles throughout the year. Minimum size of evergreen trees shall be five feet in height.
B. Landscaping.
1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a
bufferyard (landscaping strip) adjacent to and along the length of I-90, First Avenue North, or
First Avenue South on which the use fronts. Such landscaping buffer shall extend from the
edge of the public right-of-way. Placement and landscaping design shall be at the discretion of
the developer, and the required trees and shrubs may be clustered to enhance the view of the
96
property from the public right-of-way as long as such uses conform with Section 17.26.052(C)
of this code. A local design professional or local nursery must be consulted for assistance with
the development of the landscape design. The use of native, drought-tolerant plant material is
strongly encouraged. Evergreen trees are encouraged for bufferyards, and canopy trees are
encouraged for parking areas. The planting of trees should be done in such a manner as to
provide maximum solar efficiency throughout the site.
a. The developer shall have the option of one of the following three bufferyards. Bufferyard
depth is measured from the property line adjacent to the public right-of-way inward. Any
buffer area which overlaps another buffer area shall be subtracted from the total to avoid
double counting. The number of trees and shrubs required is per one hundred feet of
frontage:
(1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs
(2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs
(3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs
b. The following criteria shall also apply to the bufferyards.
i. The landscape strip may be contoured. Berming shall be one foot of rise to four feet
of run with a minimum of three feet in height. Depressions shall be no lower than
the existing grade of the site.
ii. All landscaped areas shall contain ground cover such as sod, shrubs, flowerbeds, or
organic materials. No more than ten percent of the landscaped area shall contain
rock, bark chips, stepping stones, or similar material.
iii. All landscaped areas shall be sub-irrigated, maintained, and kept free of weeds,
debris, and litter. Failure to do so constitutes a zoning violation. Existing mature trees
and shrubs should be preserved and will be credited toward landscaping
requirements.
iv. Depth of bufferyard shall depend on density of vegetation.
v. All new utility lines shall be placed underground.
vi. New tree plantings shall not be constructed so as to grow into existing overhead
utility lines.
C. Off-Street Parking Lot Landscaping.
Landscaping shall be provided within all parking areas as follows:
Parking lots containing more than ten spaces shall contain internal areas of landscaping
totaling at least ten percent of the parking area. Each planting area shall contain at least three
hundred square feet and at least one major tree and groundcover with irrigation. There must
be a clearly designated pedestrian route from the parking lot to the street or main entrance.
1. A minimum of twenty square feet of landscaped area shall be provided for each
parking space on parking lots containing more than ten spaces.
2. Two canopy and/or evergreen trees and five shrubs shall be required for every ten
parking spaces or component thereof over ten parking spaces.
97
3. All landscaped areas shall contain ground cover such as sod, shrubs, flowerbeds or
organic materials. No more than twenty-five percent of the landscaped area shall
contain rock, bark chips, stepping stones or similar material.
4. The minimum width and/or length of any parking lot landscaped area shall be five
feet.
5. Internal parking lot landscaping provided shall be proportionately dispersed, at the
developer's discretion, in order to define aisles and limit unbroken rows of parking.
The maximum horizontal or vertical unbroken length shall be limited to one hundred
feet. Landscaped areas provided shall be in a scale proportionate to parking lot.
6. Any development that has parking abutting a required bufferyard, may extend the
width of parking landscaping plant material. The minimum bufferyard width and that
bufferyard a minimum of five feet and include the additional required landscaping
material is required in addition to the parking landscaping.
7. Protection of Landscaped Areas. Landscaped areas within parking lots or the along
perimeter of the property must be protected from vehicular traffic through the use
of continuous concrete curbs, extruded asphalt or other approved permanent
barriers.
8. All new utility lines shall be placed underground.
D. Commercial Uses Abutting Residential Uses.
All commercial uses abutting residential uses shall install a bufferyard. The bufferyard shall be
ten feet wide and shall contain ten evergreen and/or canopy trees and ten shrubs per one hundred
lineal feet. A solid fence or wall that is architecturally compatible in color and design with the
building shall be required on the property line. The fence height shall be a minimum of six feet.
Chain link or other wire fencing material is prohibited.
E. Fractions in the Calculation of Number of Trees and Shrubs.
In the calculation of trees and shrubs for bufferyards or parking landscaping, all fractions shall
be rounded to the nearest, highest whole number.
(Ord. 02-31, 2002)
98
Chapter 17.27 - SE 4TH STREET OVERLAY DISTRICT
Sections:
17.27.010 - Intent.
The city of Laurel hereinafter ("city"), in collaboration with the Laurel Urban Renewal Agency,
prepared the following set of regulations to preserve and protect the unique nature of the SE 4th Street
corridor of the city of Laurel. These regulations are intended to promote, preserve, and enhance the
character of the built environment while encouraging a cohesive identity.
In addition to building construction, further elements include, but are not limited to parking and
pedestrian connectivity requirements, landscaping, and signage.
This district's requirements are in addition to the existing zoning ordinances found in Title 17 of the
Laurel Municipal Code (LMC). Single-family and two-family residential uses in the district are exempt from
the provisions herein.
The intent of this section is to:
A. Promote a physical landscape to make the district an attractive place to live and work;
B. Encourage creativity in design and quality site planning;
C. Promote development patterns in coordination with the goals and objectives of the city's growth
management plan;
D. Provide consistency to land uses and design that will protect the investment of property owners
in the district.
(Ord. No. O15-04, 5-5-2015)
17.27.020 - District boundaries.
The boundaries of the District are identified in Figure 1.
99
(Ord. No. O15-04, 5-5-2015)
17.27.030 - Application and approval process.
A. All building permit applications shall be submitted to the city's building official. All permit applications
must be submitted and signed by the property owner or the authorized agent of the property owner.
An approved building permit is required prior to any construction activity.
B. Each building permit application must include, but not be limited to, the following information:
1. The name and address of the property owner;
2. The name and address of the applicant;
3. The legal description of the parcel;
4. A map drawn to scale showing the dimensions, acreage, location of the parcel, north arrow,
streets and adjacent land uses;
5. A complete site plan drawn to a scale of no less than 1"=40' showing the dimensions and height
of the structure;
100
6. A Complete elevation drawing drawn to the scale 1"=40' including the dimensions and height of
the structure;
7. If applicable, signage plan specifications, location and ground lighting pattern; and
8. Payment of application review fee.
C. Within fifteen working days following the submittal of a complete application, the planning director,
designee, or the public works department (in the case of signs) shall issue approval for development
or a denial of the application, unless the applicant consents in writing to an extension of the review
period. Should the application be denied, the applicant shall be notified in writing specifying the
reasons for the denial. (Ord. No. 002-31,2002)
(Ord. No. O15-04, 5-5-2015)
17.27.040 - Nonconformance.
A. Any lawful characteristic of the properties existing prior to the effective date of the ordinance that
would not be a permitted characteristic under these regulations is declared to constitute a
nonconforming characteristic.
B. Nonconforming structures shall not be enlarged, extended, reconstructed, or structurally altered in
an amount greater than fifty percent of its assessed valuation, unless the characteristics of the
building are changed to comply with the appropriate regulations.
C. If any nonconforming structure is damaged by an event including, but not limited to, fire, flood,
explosion, wind, or war, in an amount equal to or greater than fifty percent of its assessed valuation,
reconstruction must comply with the appropriate regulations. In addition, repair and maintenance
may be carried out each year in an amount not to exceed twenty-five percent of the assessed
valuation of the structure for that year.
D. A nonconforming structure may continue pursuant to these regulations, but it shall not be changed in
any way except to conform to the regulations herein.
(Ord. No. O15-04, 5-5-2015)
17.27.050 - Definitions.
All terms shall have the same meanings as defined elsewhere in the city zoning ordinance or city
signage regulations. For purposes of this title, certain words and terms used herein are defined in this
chapter.
A. "Architectural design elements" means an architectural feature consisting of a decorative, three
dimensional element, horizontal or vertical, protruding or indented at least two inches from the
exterior façade of a building typically utilized to provide additional aesthetic relief to a façade.
B. "Façade" means the exterior face of a building, including but not limited to the wall, windows,
windowsills, doorways, and design elements such as expression lines.
C. "Front façade" means any building face adjacent to the street. In the case of a corner lot, the
front façade is the face that the building is addressed.
D. "Lot line, front" means the boundary abutting a right-of-way, other than an alley, from which the
required setback or build-to zone is measured. The front lot line shall be to the street to which
the building is addressed.
E. "Lot line, side" means the boundary line adjacent to the front lot line and may or may not abut a
right-of-way depending on lot location from which the required setback or build-to zone is
measured.
101
(Ord. No. O15-04, 5-5-2015)
17.27.060 - Building design requirements.
A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life. The
materials to achieve a rustic western appearance are required. Buildings shall be finished with a
minimum 40 percent half log and/or rock accents on the front façade.
B. Structures not located along SE 4th street are excluded from the forty percent threshold.
C. Architectural design elements are required on the front façade. Permitted design element materials
include any finish of wood, wood timbers or wooden logs.
(Ord. No. O15-04, 5-5-2015)
17.27.070 - Site design requirements.
102
A. Inter-site circulation is required to provide for orderly and appropriate vehicular traffic between
adjacent properties. This will also limit the number of necessary approaches on busy roadways.
B. Parking exceeding the minimum requirement is discouraged.
C. Landscape islands are required at the terminal ends of all parking rows.
D. Pedestrian connectivity from parking areas to buildings shall be provided by interior sidewalks or
designated, striped pedestrian crossings.
E. Shared parking is encouraged when property owners have a written agreement as to the terms of
the shared parking. The written agreement is not subject to approval by the city but should be
presented if it is applicable to meeting off-street parking requirements. See Figure 2.
103
F. Landscaping must be an integral part of the site design. A landscape buffer is required as part of any
site development. The buffer shall be designed to provide both screening and aesthetic effect. See
Figure 3.
G. Landscaping should be of an indigenous species or one that is acclimated to the city's climate.
H. Landscaping shall include a mix of plants, shrubs, sod and trees. A minimum of fifty percent of the
trees shall be at least 2.5 inch in caliper size.
I. Landscaping shall not interfere with clear vision requirements.
J. If a property is located in this district and the entryway zoning district, parking and landscape
requirements of the entryway zoning district shall apply.
(Ord. No. O15-04, 5-5-2015)
17.27.080 - Signage requirements.
Laurel Municipal Code Chapter 17.42 governs signage within the city of Laurel. Exceptions to LMC
17.42 occur only when a property is located in a special zoning district. If a property is located in this
District and the Entryway Zoning District, signage requirements of the Entryway Zoning District shall
apply.
A. Allowable sign types include wall signs, window signs, awning signs, corner projecting signs,
and projecting signs. See Figure 7.
104
B. Illumination is encouraged to be internal. When external illumination is used, it must be focused only
upon the sign face and must have cut off shields to prevent light spillage.
C. Any projecting or corner projecting sign shall not extend above the roofline of the attached building.
D. Any wall sign shall not exceed 30 percent of the area of any building façade.
E. Electronic message boards are not permitted in this district.
(Ord. No. O15-04, 5-5-2015)
105
File Attachments for Item:
7. Resolution - A Resolution Approving A Zone Change For Property Located At 801 East Main
Street Within The City Of Laurel.
106
R21-__ Zone Change 801 East Main: Community Commercial to Central Business District
RESOLUTION NO. R21-__
A RESOLUTION APPROVING A ZONE CHANGE FOR PROPERTY
LOCATED AT 801 EAST MAIN STREET WITHIN THE CITY OF LAUREL.
WHEREAS, a zone change has been requested in the current zoning designation
by the owner of the herein described property that is located within the City of Laurel
and is located at 801 E. Main Street as further described herein (“Property”); and
WHEREAS, the existing zoning for the Property is Community Commercial
which the owner seeks to have changed to Central Business District; and
WHEREAS, it is in the best interests of the residents of the City of Laurel to
adopt this resolution thereby approving the proposed zoning changes to provide for an
expanded, uniform, and orderly growth for the City; and
WHEREAS, a public hearing was held by the City’s Zoning Commission on
March 17, 2021 and the City Council on April 13, 2021 and based on the evidence
presented at the Public Hearings and documents submitted by Staff, the City Council
has determined the requested zone change is in the City’s best interest as detailed in the
Zoning Commission and City Council Records which are incorporated herein as part of
this resolution; and
WHEREAS, the City Council hereby adopts the findings contained in the
Zoning Commission Record as well as all items in the Council Record.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Laurel, Montana, that the zone change requested by the Property owner is hereby
approved for the Property located at 801 East Main Street which is further described as
follows:
NUTTING SUBD, S10, T02 S, R24 E, BLOCK 20, Lot 12A, AMND LESS
2731' FOR MAIN ST (08)
BE IT FURTHER RESOLVED, the Property’s zoning designation is hereby
changed from Community Commercial to Central Business District subject to the
following conditions:
1. The Owner/Developer shall comply with all the requirements of LMC Chapter
17.72
2. The Owner/Developer shall submit any and all applicable and necessary permits
and fees for development of the parcels subject to this zone change approval.
3. The Owner/Developer shall not install and/or operate any uses on parcels subject
to this zone change which are not allowable under LMC Chapter 17.16.
107
R21-__ Zone Change 801 East Main: Community Commercial to Central Business District
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 this ___th
day of _______________, 2021.
APPROVED by the Mayor this __th day of ___________, 2021.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
108
AGENDA
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, MARCH 17, 2021
5:35 PM
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 5:45pm
John Klasna
Roger
Evan Bruce
Dan Koch
Judy Goldsby
Nick Altonaga (City of Laurel)
Gavin Williams (arrived at 5:45pm)
General Items
2. Meeting Minutes: February 17, 2021
The Chair presented the minutes from the meeting on February 17, 2021.
Dan Motioned to accept the minutes from February 17, 2021 meeting.
Jon Seconded.
Motion Carried.
New Business
3. Public Hearing: EBY Trailers Variance (E. Railroad St.)
The Planning Director presented the details of the staff report.
Judy questioned where the exact location of the development was. The Planning Director explained that
it was located towards the end of E. Railroad street, adjacent to other recent developments.
The Chair Called for Proponents
Chuck Henricks, EEC Engineering
720 Well West Lane, Billings, MT
The civil engineer representing the client on this application as well as previous similar applications.
These are similar to the previous variances applied for. The only difference is that this project is within
the SE 4th Street Overlay District and provides alternatives to that strict standard.
Rustic Modern versus traditional log and stone façade.
• The Variance for the fastener panels will only be on the east side of the building.
109
• Roof is architectural concealed fastener panelling, along with the rear portion.
• Bufferyard variance is self-explanatory – Sewer main line exists within the landscape bufferyard
area.
• Landscaping islands – Only looking for this for the 8 employee parking spots.
• Have about 6-7x the required parking spots.
Roger: Roof type?
24 gauge
Standing seam, trapezoidal, 3inch tall.
The Chair Called for Proponents
The Chair Called for Proponents
The Chair Called for Opponents
The Chair Called for Opponents
The Chair Called for Opponents
There being none, the chair moved on to Planning Board discussion.
Jon had questions about the number of bays for trailers.
2 exterior, and additional bays inside.
Dan asked about Fire protection.
We are under the square foot requirements for fire suppression systems.
Dan called the question.
The Chair summarized the situation.
Board members discussed additional possible conditions of approval. The Planning Director will update
the staff report to suit the situation.
• All applicable building and other permits shall be applied for
• The development shall comply with the sign code.
Gavin Motioned to approve the Variance for EBY Trailers with the staff conditions of approval
presented in the Staff Report.
Evan Seconded.
Motion Carried.
4. Public Hearing: 801 E. Main Street Zone Change
Nick presented the findings of the staff report.
The Chair called for Proponents.
Shannon Otis. 3670 Spaulding Ave, Billings, MT
• Owner of the company that owns 801 E. Main St.
• The current parking requirements limit the amount of development on the lot.
110
• Plan to fix the laydown on the lot in order to fix the landscaping.
• Proposing new curbing along the property.
• The current zoning limits the development due to parking. This zone change focuses on the
current rehabilitation.
Roger- Entrances to the rentals? What side will they be on?
The East. Can enter from Main Street and the rear street. Hope to close up the accesses.
Dan: The property line between the car wash and the current building should be considered. That
neighboring Convenience store and Car wash – Is there an agreement for shared access?
The alleyway is on the 801 E Main Property, but the owner and the neighboring owner want to
keep shared access.
The Chair Called for Proponents
Dan Foos – Owner of neighboring Car Wash and Gas Station. Questions on lots. Sidewalks
• Sidewalks will be on the western edge of the property.
• Stormwater drainage is a concern.
• Can they build across
Shannon – We don’t have the current plans to build on the north side.
Parking situation?
Currently will have them behind the building,
Wil utilize on-street parking on Alder
Dan Foos –
• Concerned about E. 4th Street access. No problem with on-street parking on Alder. But want to
ensure access to the rear of his properties to the East.
• Pins for the driveway – They are at the centerline of the driveway. Need to be sure to
Dan: What will the parking area be composed of?
Shannon: Right now, we are planning to clean it up and put gravel down. And keep the gravel
out of the street through curbing.
Dan: Greenery?
Boulevard areas will have greenery.
There are water pooling issues on-site currently.
Need to decide how the water will be channeled.
Roger: Catch basins on the property? Aren’t there two on the corners of the property?
The Chair Called for Opponents
Kurt Bradley, Lives across the street. Not necessarily an opponent but wanted to provide comment.
• Dan Foos and his wife have been very good neighbors with maintenance.
• Currently down-wind from this development. Garbage dumping brings an aroma.
• The City tried to put garbage cans in the street and it did not work well.
111
• Placed the garbage cans on Alder. This caused stray trash to blow into his yard. We HAVE to
deal with garbage pick-ups and routes. Street strength? Garbage corrals/enclosures? Have
concerns about the situation due to not wanting to pick up stray trash in the front yard. What
might help is to ensure that all garbage is bagged.
• Garbage collection currently – Foos property has one can on the block but many adjacent
property owners drop their trash in it. Have moved the can down to Alder Avenue due to the bad
road conditions. This works better for the garbage route. The cans can fill up very fast.
The Chair Called for Opponents
The Chair Called for Opponents
The board moved on to voting.
Dan called for the question.
Jon Motioned to approve the Zone Change for 801 E. Main Street with the conditions presented in the
staff report.
Roger Seconded.
Motion Carried.
5. Sign Review: Jimmy John's, SE 4th Street
Nick presented the Sign permit for Jimmy Johns at the new retail location on SE 4th Street.
What side will the Drive-Thru be on?
East Side.
Gavin Motioned to approve the sign permit for new Jimmy John’s location.
Jon Seconded.
Motion Carried.
Old Business
Other Items
6. Ongoing Projects
Casa Linda Subdivision
Cherry Hills Subdivision
Golf Course Annexation and Subdivision
Goldberg Sporting Estates
Dyer PUD In-office.
West Laurel Interchange Planning
BSTF Planning Grant
Downtown Parking Study
Downtown Landscaping and Lighting
Zoning Code Update
Announcements
7. Adjourn
112
8. Next Meeting: April 21, 2021
Meeting Adjourned at 6:56pm.
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
113
1
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board / Zoning Commission
FROM: Nicholas Altonaga, Planning Director
RE: 801 E. Main Street Zone Change
DATE: March 24, 2021
N/LOCATION:
DESCRIPTION OF REQUEST
The Owner of 801 E. Main Street has requested a zone change from Community Commercial
(CC) to Central Business District (CBD). Shannon Otis, the representative of the property owner,
submitted the application packet to the Planning Department on February 17, 2021. The
Applicant previously met with the Planning Director on site to discuss the zone change process
and what a change of zoning designation would mean.
Owner: Investment Properties Finance Group LLC
Legal Description: NUTTING SUBD, S10, T02 S, R24 E, BLOCK 20, Lot 12A, AMND LESS 2731'
FOR MAIN ST (08)
Address: 801 E. Main Street
Parcel Size: 10,939sqft
Existing Land Use: Commercial, vacant (under construction)
Existing Zoning: Community Commercial
Proposed Land Use: Central Business District
BACKGROUND AND PROCEDURAL HISTORY
• Applicant met with Planning Director in January of 2021 to discuss the current project
on the property and the zone change process.
• Applicant submitted the zone change application on February 17, 2021.
• A Public Hearing was held at the Laurel City-County Planning Board meeting on March
17, 2021 to receive public comment and approve, approve with conditions, or deny the
zone change.
• The Planning Board voted to approve the Zone Change Request with the stated staff
conditions.
114
2
• A Public Hearing is scheduled at the Laurel City Council meeting on April 13, 2021 to
receive public comment and approve, approve with conditions, or deny the zone
change.
STAFF FINDINGS
The Applicant is requesting a zone change for the property at 801 E. Main Street. They request
a zone change from the existing Community Commercial (CC) designation to the Central
Business District (CBD) designation.
• The Applicant has met with the Planning Director regarding the zone change application.
• The Applicant has submitted the application and applicable fees.
• The Applicant has a goal of redeveloping and rehabilitating the parcel in order to build
more residential units within the East downtown area.
• The Applicant has stated that the CBD designation provides greater opportunities for
future lot development.
• The property is directly adjacent to the current delineated Central Business District.
• The property is one of two commercial properties directly East of the Central Business
District zoning district that were not included in that zoning at the time of its
establishment.
• The public noticing requirements have been met.
PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance with
the provisions of this chapter, and after a public hearing at which the application shall be
presented to the zoning commission by the planning director together with his findings and
conclusions on the matter. A report of the commission's recommendation and the planning
director's findings and conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings
and meetings, which shall be published and available to the public, as well as conflict of interest
rules, to ensure that no member is entitled to vote on a matter in which he has an interest
directly or indirectly.
115
3
RECOMMENDATIONS
The Planning Director recommends that the Zoning Commission approve the zone change
request. The Planning Director has drafted conditions of approval which are presented below.
1. The Owner/Developer shall comply with all the requirements of LMC Chapter 17.72
2. The Owner/Developer shall submit any and all applicable and necessary permits and
fees for development of the parcels subject to this zone change approval.
3. The Owner/Developer shall not install and/or operate any uses on parcels subject to this
zone change which are not allowable under LMC Chapter 17.16.
ATTACHMENTS
1. 801 E. Main Street Zone Change Application
2. Overhead Map with 300ft buffer
3. Nutting Subdivision Plat (1909)
4. List of Adjacent Property Owners
5. Public Hearing Notice
6. LMC 17.72 – Amendments
7. LMC 17.20 – Commercial-Industrial Use Regulations
116
117
118
2419 11TH LLC
B00501
PO BOX 7128
SHERIDAN, WY 82801-7003
ARROYO SECO GROUP INC
B00489
7308 EL NIDO
LA VERNE, CA 91750-1127
BRADLEY, CURTIS J & BONNIE
J
B00904
813 E 4TH ST
LAUREL, MT 59044-2801
CITY OF LAUREL
B00500
115 W 1ST ST.
LAUREL, MT 59044
DEMARAY, ROGER D &
KRISTINA R
B00497
4207 RIMROCK RD
BILLINGS, MT 59106-1420
EAST MAIN DEVELOPMENT
LLC
B00911
1415 RIDGE DR.
LAUREL, MT 59044-1817
HOLYCROSS, DAVID A
B00907
801 E 4TH ST
LAUREL, MT 59044
INVESTMENT PROPERTIES
FINANCE GROUP LLC
B00912
801 MAIN ST
LAUREL, MT 59044
LAUREL CHURCH OF CHRIST
B00499
PO BOX 95
LAUREL, MT 59044-0095
MONSON, CHRIS
B00903
817 E 4TH ST
LAUREL, MT 59044
MONTANA RAIL LINK
D13144C
PO BOX 16624
MISSOULA, MT 59808-6624
MORAN, MICHAEL G
B00908
PO BOX 461
LAUREL, MT 59044-0461
PORCH LIGHT LLC
B00906
805 E 4TH ST
LAUREL, MT 59044
RICHARDS, STEVEN W &
JENNY L
B00902
819 E 4TH ST
LAUREL, MT 59044
SMITH, LANCE E & AMBER
B00496
20 OHIO AVE
LAUREL, MT 59044
TOWN & COUNTRY SUPPLY
ASSOCIATION
B00498
PO BOX 367
LAUREL, MT 59044-0367
VANDYKE, BECKY L
B00909
417 ALDER AVE
LAUREL, MT 59044
WEATHERFORD, KEENAN
B00901
412 BIRCH AVE
LAUREL, MT 59044
119
PUBLIC HEARING NOTICE
The Laurel City-County Planning Board and Zoning Commission will conduct a public hearing on a zone
change requested for 801 East Main Street. The Zoning Commission hearing is scheduled for 5:35 P.M., in
the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Wednesday, March
17th, 2021.
Additionally, the City Council has scheduled a public hearing for the consideration of the zone change
request. The City Council hearing is scheduled for 6:30 P.M., in the City Council Chambers at City Hall,
115 West 1st Street, Laurel, Montana, on Tuesday, April 13th, 2021.
The applicant is requesting a zone change from the Community Commercial zoning District to the Central
Business District zoning district. The Community Commercial district is intended to accommodate
community retail, service and office facilities offering a greater variety than would normally be found in a
neighborhood or convenience retail development. The requested Central Business District zoning district
is intended to primarily accommodate stores, hotels, governmental and cultural centers and service
establishments at the central focal point of the city's transportation system.
Public comment is encouraged and can be provided in person at the public hearings on March 17th and
April 13th. Public comment can also be made via email to the Planning Director, or via letter to the Planning
Department office at 115 West 1st Street Laurel, MT 59044. A copy of the zone change documentation is
available for review upon request at the Planning Department office. Questions regarding this public
hearing may be directed to the Planning Director at 628-4796 ext. 5302, or via email at
cityplanner@laurel.mt.gov.
120
Chapter 17.72 - AMENDMENTS
Sections:
17.72.010 - Purpose of provisions.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or
classification of property on the zoning map, as set forth in this chapter.
(Prior code § 17.84.010)
17.72.020 - Amendment procedure.
Amendments to the text of the title and/or changes in the zoning boundaries or classification of
properties shown on the zoning map may be initiated by the city council on their own motion, or upon
recommendation of the planning board but no amendment shall become effective unless it shall have
been submitted to the zoning commission for review and recommendation. Before enacting an
amendment to this title, the city council shall give public notice and hold a public hearing thereon.
(Ord. 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.025 - Amendment by private property owner.
Amendments to the zoning boundaries or classification of property shown on the zoning map may be
initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission
secretary of a zoning change application, which application shall be provided by the zoning commission
secretary, and accompanied by all other materials and data required in the application.
(Ord. 01-4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.030 - Preapplication conference required.
Persons or parties interested in submitting an application for a zoning change shall consult with the
planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning
change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans
being prepared by the planning department, and whether the proposed change is in conformance with
public necessity, convenience, general welfare and good zoning practice.
(Prior code § 17.84.030)
17.72.040 - Application requirements.
A. Unless initiated by the city council or planning board, all applications for official map amendments
must be submitted by the owner of such property, the contract purchaser, or the authorized agent of
the owner. An application for an amendment affecting the same property shall not be submitted more
often than once every twelve months. The zoning change application shall contain the following
information:
1. Name of applicant;
2. Mailing address;
3. Telephone number;
121
4. Accurate legal description of location;
5. Nature of zoning change requested;
6. Description of present land uses;
7. Description of adjacent land uses;
8. Statement of intended land use;
9. Statement concerning any expected effect upon the adjacent neighborhood;
10. Date of preapplication conference;
11. Names and addresses of adjacent property owners, within three hundred feet;
12. Signature of applicant;
13. Payment of all applicable fees.
B. An application for amendment to the official map shall be made on or before five p.m. of the first day
of the month preceding the date of the public hearing before the zoning commission. When the date
of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m.
C. An application for a zone change may not be withdrawn or amended after the legal advertising, as
required by this section, has appeared for final public hearing before the city council. An applicant
may be allowed to withdraw at the time of the zoning commission hearing by a majority vote of the
members present without requiring council approval of the withdrawal and without prejudice with
respect to the twelve month waiting period providing, however, that no application be allowed to be
withdrawn more than once within the twelve month period after application shall have first been
submitted.
(Prior code § 17.84.040)
17.72.050 - Planning department evaluation responsibility.
The planning director, upon receiving an application for rezoning of an area or a particular place of
property shall do the following:
A. Consult with other departments of the city or county to fully evaluate the impact of any zoning
change upon public facilities and services including, but not limited to schools, drainage, traffic
and related facilities;
B. Study each application with reference to its appropriateness and effect on existing and
proposed land use, and references to the comprehensive plan;
C. In the case of a protest petition filed in the matter of any application for rezoning determine the
validity of such petition;
D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel-
Yellowstone city-county planning board at least fifteen days in advance of the time and place of
the public hearing;
E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public
hearing of the time and place of such hearing;
F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the
property subject to the rezoning; of the time, date, place of the public hearing and the existing
and proposed classification. Further, he may notify property owners within a radius of more than
three hundred feet if he determines that the proposed use of the property would have
substantial environmental impact on surrounding land uses;
G. The planning director shall report his findings and conclusions in writing to the zoning
commission, which report shall be a matter of public record.
122
(Ord. 01-4 (part), 2001; prior code § 17.84.050)
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance with the
provisions of this chapter, and after a public hearing at which the application shall be presented to
the zoning commission by the planning director together with his findings and conclusions on the
matter. A report of the commission's recommendation and the planning director's findings and
conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings
and meetings, which shall be published and available to the public, as well as conflict of interest
rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or
indirectly.
(Prior code § 17.84.060)
17.72.070 - Public hearing—Notice required.
A. Before taking action on an application for an amendment to the official map, and after presentation
of the zoning commission's recommendation, the city council shall hold a public hearing on the
application.
B. The recommendations of the zoning commission shall be published twice in a newspaper of general
circulation in the jurisdictional area of the Laurel-Yellowstone city-county planning board, and not
less than fifteen days after the first publication of such notice, a final hearing shall be held at the next
regular meeting of the city council.
C. When such proposed amendment has been denied by the city council neither it nor one involving the
same tract(s) shall be offered for adoption within one year after such denial.
D. In case, however, of a valid protest petition against such change signed by the owners of twenty per
centum or more either of the lot included in such proposed change, or of those immediately adjacent
in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof
within the same block, or of those directly opposite thereof extending one hundred fifty feet from the
street frontage of such opposite lots, such amendment shall not become effective except by the
favorable vote of three-fourths of all the members of the city council.
(Ord. 01-4 (part), 2001; prior code § 17.84.070)
123
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Accessory buildings or uses incidental and customary to a permitted
residential use and located on the same parcel as the permitted
residential use
A A A A A A A A A
Airports A A
Alcoholic beverages manufacturing and bottling (except below): A A
1,500 to 5,000 31-gallon barrels per year SR SR SR A A
Less than 1,500 gallon barrels per year A A A A A
Ambulance service A A A A A A
Antique store A A A A
Appliance - (household) sales and service A A A A A
Assembly halls and stadium SR SR SR SR
Assembly of machines and appliances from previously prepared parts SR SR SR SR
Auction house, excluding livestock SR SR A A A
Auction, livestock SR
Automobile sales (new and used) A A A A
Automobile - commercial parking enterprise A A A A A
Automobile and truck repair garage A A A A A
Automobile service station A A A A A A
Automobile wrecking yard SR
Bakery products manufacturing SR A A A
Bakery shops and confectioneries A A A A A
Banks, savings and loan, commercial credit unions A A A A A
Barber and beauty shops A A A A A
Bed and breakfast inns A A A A
Bicycle sales and repair A A A A A
Blueprinting and photostating A A A A A
Boarding and lodging houses A A A A
Boat building and repair A A A
Boat sales new and used A A A A
Boiler works (manufacturing servicing) A
Boiler works (repair and servicing) A A
Book and stationery store A A A A A
Bottling works A A
Bowling alleys A A A A
Brick, tile or terra cotta manufacture A
Bus passenger terminal buildings local and cross country A A A A
Bus repair and storage terminals A A A
Camera supply stores A A A A A
Camps, public SR A A
Car washing and waxing A A A
Car wash - coin operated A A A A A
Cement, lime and plastic manufacture A
Ceramics shop SR A A A A A
Chemical and allied products manufacture A
Child care facilities A A A A
Churches and other places of worship including parish houses and Sunday
school building
A SR A A A A A A
Clinic, animal A A A A A A
Clinics, medical and dental SR A A A A A
Clothing and apparel stores A A A A A
Coal or coke yard A
Cold storage A A A
Colleges or universities A A A A A
Commercial recreation areas SR A A A
124
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Commercial food products, storage and packaging SR A A
Communication towers (commercial) A A A A A A A A SR
Concrete mixing plants and manufacturing of concrete products A A
Construction contractors:
Office A A A A A A
Open storage of construction materials or equipment SR A A
Community residential facilities:
Adult foster family care home A A A A
Community group home A A A A
Halfway house A A A A
Youth foster home A A A A
Youth group home A A A A
Nursing, homes, convalescent homes, orphanages, and charitable
institutions
A A A A
Crematorium SR A A SR
Creameries, dairy products manufacturing A A
Creosote manufacturing or treatment plants A
Department stores A A A A
Drug stores A A A A A
Dry kiln A
Dwellings: single-family Manufactured home A A A A A
Class A, Class B, Class C
two family A A A
multiple family A A A
row housing SR SR SR
Eating and drinking establishments:
Cocktail lounge, restaurants, bars and taverns SR SR SR SR
Restaurants (without the sale of alcoholic beverages) A A A A
Drive-in restaurants SR SR SR
Extractive industries - excavations of sand and gravel SR SR
Farm implements, sales and service A A A
Fat rendering or production of fats and oils SR
Feedlots – livestock A SR
Feed and seed processing and cleaning for retail purposes
Feed and seed - farm and garden retail sales A A A
Fertilizer manufacturing SR
Fertilizer wholesale sales SR SR A
Fertilizer - retail sales A A A
Florist, wholesale sales SR A A A
Florist, retail sales A A A A A
Flour mills SR SR
Food products manufacturing, storage and processing SR SR A
Food stores (retail only) A A A A
Food stores (retail only) - 3000 sq. ft. A A A A A
Foundry A
Frozen food lockers A A A
Fuel oil, gasoline and petroleum products bulk storage or sale A A A
Furnace repair and cleaning A A A A
Furniture and home furnishings, retail sales A A A A A
Furriers, retail sales and storage A A A A A
Gambling establishments A A A A
Garbage, offal and animal reduction or processing SR
Garbage and waste incineration SR
Gas storage SR
125
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Gases or liquified petroleum gases in approved portable metal containers
for storage or sale
A A A
Grain elevators A SR SR A
Greenhouses A A A A A
Hardware, appliance and electrical supplies, retail sales A A A A
Hatcheries A SR SR
Heliports SR SR SR SR SR
Hobby and toy stores A A A A A
Hospitals (for the care of human patients) A A A A A
Hospital, animal A SR SR A A A
Hotels A A A
Industrial chemical manufacture except highly corrosive, flammable or
toxic materials
SR
Irrigation equipment sales and service A A A A
Jails and penal institutes A
Janitor service A A A A
Jewelry and watch sales A A A A A
Kennels – commercial A SR A A
Laboratories for research and testing SR A A
Landfills - reclamation or sanitary A
Laundries, steam and dry-cleaning plants A A
Laundries, steam pressing, dry-cleaning and dyeing establishments in
conjunction with a retail service counter under 2500 sq. ft. in size
A A A A A
Laundries, pick up stations A A A A A
Laundries, self-service coin operated A A A A A
Libraries, museums, and art galleries A A A A A A
Lock and gunsmiths A A A A A
Lodges, clubs, fraternal and social organizations provided that any such
club establishment shall not be conducted primarily for gain
A A A
Lumber yards, building materials, storage and sales A A A
Machine shops SR A A
Manufacturing - light manufacturing not otherwise mentioned in which
no excessive fumes, odors, smoke, noise or dust is created
SR A A
Heavy manufacturing not otherwise mentioned or blending or mixing
plants
SR SR
Meat processing - excluding slaughter plants SR A
Meat processing, packing and slaughter SR
Medical marijuana cultivation facility or cultivation facility A A
Medical marijuana dispensary or dispensary A
Metal fabrication SR SR A
Motorcycle sales and repair A A A A
Mortuary A A A A A
Motels and motor courts A A A
Music stores A A A A A
Office building, professional government and private office buildings in
which no activity is carried on catering to retail trade and no stock of
goods is maintained for sale
SR SR A A A A A A SR
Office equipment, supplies and service A A A A A
Optician and optical supplies and sales A A A A A
Oxygen manufacturing and/or storage A
Paint and body shops A A A A A
Paint and retail sales A A A A A
Parking, public SR A A A A A A A
126
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Parks, playgrounds, playfields and golf courses, community center
buildings - operated by public agency, neighborhood or homeowner's
association
A SR A
Pawn shops A A A A
Pet shops A A A A A
Photographic studios SR A A A A A
Planing or saw mills A
Post-secondary school A A A A A A A
Prefabricated building materials assembly and manufactures SR A A
Preschool A SR SR SR
Printing, publishing, reproduction and lithography A A A A A
Processing of previously slaughtered meats, including cutting, wrapping,
and freezing by freezer and locker provisioners
A A A A
Public utilities service installations SR SR SR A A A A A SR
Public utilities storage yard A A A SR
Radio and TV broadcasting stations A A A A A
Radio and TV tower A A A SR
Railroad yard A A
Real estate office A A A A A
Rental service store and yard A A A
Repair and servicing of industrial equipment and machinery A A A
School, commercial A A A A A
Scrap yards - storage and processing A
Secondhand stores and/or antique store A A A A
Sheet metal shops and processing A A
Shoe repair A A A A A
Sign manufacturing, painting and maintenance A A A
Sign
Billboards SR SR SR SR
On premises A SR A A A A A A
Off premises SR SR SR SR SR SR
Slaughterhouse SR SR
Sporting goods sales A A A A
Storage, compartmentalized storage for commercial rent SR SR
Storage and warehouse and yards SR A
Stone cutting, monuments manufacturing and sales SR A
Sugar and sugar beet refining SR
Swimming pools or beaches, public A
Taxi stands A A A A
Theaters, cinema, opera houses A A A
Drive-in theaters SR
Tire recapping and retreading A A A
Trailer and recreational vehicle sales area A A A
Travel trailer park (transient) SR
Truck terminals, repair shops, hauling and storage yards A A A
Water and sewage treatment plant A A
Wholesale and jobbing establishments SR A A
Woodworking shops, millwork SR A A
Zoo, arboretum SR A
(Ord. No. O09-01, 3-17-09; Ord. No. O09-07, 7-7-09; Ord. No. O11-01, 2-15-2011; Ord. No. O-14-03, 8-5-2014)
127
17.20.020 - Zoning classified in districts.
Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020.
(Prior code § 17.32.020)
(Ord. No. O-14-03,8-5-2014)
Zoning Requirements A RP* NC* CBD* CC* HC LI HI P
Lot area requirements in square feet,
except as noted, 20 acres
20
acres
NA NA NA NA NA NA NA NA
Minimum yard requirements:
Front (a) NA 20 20 NA 20 20 20 20 20
Side (b) 0 0 0 0 0 0 0
Side adjacent to street 10 10 10 10 10 10 10
Rear (b) 0 0 0 0 0 0 0
Maximum height for all buildings (c) NA 25 25 NA 25 45 70 NA NA
Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50
Minimum district size (expressed in acres) 20
acres
2.07 2.07 2.07 2.07 2.07 2.07 2.07 NA
(NA means not applicable)
*The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the
same as those in the RLMF residential zoning district.
(a) Arterial setbacks
(b) Side and rear yards
(c) Except as provided in the airport zone
128
File Attachments for Item:
8. 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.
129
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.
130
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.
131
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
132
File Attachments for Item:
10. Draft Council Agenda for April 13, 2021.
133
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, APRIL 13, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R18-XX
NEXT ORD. NO.
O18-XX
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 City Council Minutes of March 23, 2021.
Correspondence
2. Laurel Airport Authority Minutes of February 23, 2021.
Council Disclosure of Ex Parte Communications
Public Hearing
3. Title 14
4. Variance
5. Zone Change
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.
6. Claims entered through April 9, 2021.
7. Approval of Payroll for PPE 3/21/2021 totaling $188,095.20.
8. Council Workshop Minutes of August 4, 2021.
9. Council Workshop Minutes of August 25, 2020.
10. Council Workshop Minutes of March 2, 2021.
11. Council Workshop Minutes of March 16, 2021.
Ceremonial Calendar
Reports of Boards and Commissions
134
12. City/County Planning Board Minutes of March 17, 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 indi vidual 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
13. Appointment of Jake Worden to the Laurel Volunteer Fire Department.
14. Appointment of Russ Bunn, Andrew Zimermann, Mariel Riley, and Amanda Hemmen to the
Laurel Volunteer Ambulance Service.
15. Appointment of Katie Fjelstad to the Library Board for the remainder of a five-year term
ending 6/30/2023.
16. Resolution - A Resolution Of The City Council Approving A Three-Year Agreement Between
The City Of Laurel And Local Union Local 303, American Federation Of State, County And
Municipal Employees, AFSCME.
17. Resolution - A Resolution Of The City Council Authorizing The Mayor To Request A Traffic
Study For A Portion Of West Main Street Within The City Of Laurel.
18. Resolution - A Resolution Of The City Council Granting A Variance From The City’s Zoning
Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement
And Building Design Standards On A Parcel Of Property Located On East Railroad Street.
19. Resolution - A Resolution Approving A Zone Change For Property Located At 801 East Main
Street Within The City Of Laurel.
20. 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
135