HomeMy WebLinkAboutCity Council Packet 10.26.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, OCTOBER 26, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R21-114
NEXT ORD. NO.
O21-05
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of October 12, 2021.
Correspondence
2. Ambulance Monthly Report - September 2021
Council Disclosure of Ex Parte Communications
Public Hearing
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Cons ent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
3. Claims entered through October 22, 2021.
4. Approval of Payroll Register for PPE 10/17/2021 totaling $211,600.29.
5. Special Council Workshop Minutes of August 23, 2021.
Ceremonial Calendar
Reports of Boards and Commissions
6. City/County Planning Board Minutes of August 18, 2021.
7. City/County Planning Board Minutes of September 15, 2021.
8. Laurel Urban Renewal Agency Minutes of August 16, 2021.
9. Laurel Urban Renewal Agency Minutes of August 23, 2021.
10. Laurel Urban Renewal Agency Minutes of September 20, 2021.
11. Public Works Committee Minutes of September 20, 2021.
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12. Cemetery Commission Minutes of September 30, 2021.
13. Tree Board Minutes of September 16, 2021.
14. Park Board Minutes of October 7, 2021.
15. Emergency Services Committee Minutes of September 27, 2021.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
16. Appointment of Eric Barbeau and Julie Johnson to the Laurel Volunteer Ambulance Service.
17. Appointment of Robert Peters to the Laurel Volunteer Fire Department.
18. Resolution No. R21-114: A Resolution Of The City Council Approving Certain Revisions To
The CBA Through A Memorandum Of Agreement Between The City Of Laurel And Local
Union Local 303, American Federation Of State, County And Municipal Employees,
AFSCME.
19. Resolution No. R21-115: A Resolution Approving An Encroachment Permit For A Portion Of
The Sidewalk Located At 206 1st Avenue For The Installation Of A Permanent Handicap
Ramp For Purposes Of Compliance With Applicable Building And Access Codes.
20. Resolution No. R21-116: A Resolution Authorizing The Mayor To Execute A Contract With
“In Control, Inc.” To Prepare A Pre-Engineering Survey For The City’s Waste Water
Treatment Plant.
21. Resolution No. R21-117: A Resolution Of The City Council Authorizing The City Council
President (Chairman) To Sign Legal Documents On Behalf Of Mayor Nelson During His
Absence Pursuant To The City Charter.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
1. Approval of Minutes of October 12, 2021.
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File Attachments for Item:
2. Ambulance Monthly Report - September 2021
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Laurel Emergency Services Report created 10/21/21:
2020
1090 requests for service
159 times LEMS was unavailable
72 times AMR was unavailable
288 responses in Ward 5 = 27% of calls outside of the city of Laurel
Recent Month Summary:
September 2021:
Requests 91
Missed Calls 9=10 %
Shortest Delay 3 minutes
Longest Delay 53 minutes
Average Delay 29 minutes
Fire Driver Available 17 times
QRU Response With 1 Provider 7 times **
On A Previous Call 1 time
No Crew / Provider Available 1 time
AMR Transported or Responded 6 times
Red Lodge Transported 0 times
HELP Flight Transported 0 times
Columbus Transported 0 times
Joliet Transported 0 time
PD Assisted Pt no transport 0 times
POV Transport 1 times
YCSO Transported 0 times
MHP Transported 0 times
**3 times the QRU responded and the patient refused / no transport to hospital or no patient found
POV transport / QRU on scene – no mutual aid available
*20 responses in Ward 5 = 22 % of calls outside of the city of Laurel
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2021 Running Totals
January February March April May June July August September October November December Total 2021
Requests 92 98 117 96 108 89 127 100 91 918
Missed Calls 8=9% 2=3% 10=9% 12=12% 8=7% 16=18% 11=9% 12=12% 9=10% 88
Shortest Delay (minutes) 20 43 15 15 36 10 14 7 3 3
Longest Delay (minutes) 45 70 80 87 73 60 75 52 53 87
Average Delay (minutes) 25 47 30 50 61 36 35 23 29 37
Fire Driver Available 11 21 26 9 15 7 16 20 17 142
QRU Response w 1 Provider 6 1 5 7 3 14 9 9 7 61
On A Previous Call 3 1 4 2 1 1 1 1 1 15
No Crew / Provider Available 0 2 1 3 4 2 2 2 1 17
AMR Transported or Responded 4 1 5 7 5 5 4 5 6 42
Columbus Transported 0 0 0 1 1 1 0 0 0 3
Joliet Transported 0 0 0 0 0 0 0 1 0 1
Park City Transported 1 0 1 0 0 0 0 0 0 2
Red Lodge Transported 0 0 0 0 0 1 0 0 0 1
HELP Flight Transported 0 0 0 0 0 1 1 0 0 2
POV Transport 3 1 4 3 2 2 3 3 1 22
PD Assisted Pt no transport 0 0 0 0 0 1 0 0 0 1
Responses in Ward 5 21=23% 40=41% 30=26% 28=29% 36=33% 27=30% 43=34% 26=26% 20=22% 271=29%
Other Reporting Information:
- We are working with MSU Paramedic Program to start assisting with their ambulance clinical time. One of our own EMTs is in th e program and he will begin riding along
in October. This is a great opportunity for us as a recruitment tool and to have a great p artnership with an EMS training program.
- Another full time paramedic has resigned due to moving to be with family in Arizona. She is a great paramedic and a big loss for us but we are very grateful to say that
she will stay on as a volunteer and return to Laurel monthly. We are working on recruiting to fill 2 full time paramedic spots. This has been a challenge. There is a bit of a
shortage in paramedics across the country, as with all workers currently, and we cannot compete with the pay that other serv ices are paying right now. We will continue
to work on recruitment. We have 2 paramedic applications for volunteers that we would like to present to City Council for approval to bring on.
- The schedule is rough to fill currently, most of our volunteers hav e full time jobs and as with most businesses when they have someone that is willing to work right now,
they are asking for overtime from those individuals because of short staffing. 2 of our volunteers that pick up a lot are bo th in school currently and work full time which
has decreased their availability. They are all doing what they can and they really are amazing people that we appreciate so much.
- We have been extremely busy with very sick patients, a large number of positive COVID cases.
- We have applied for an MDT grant for an ambulance, we have not heard back on this grant application yet.
- We were not awarded the grant for First Responder Training class. We are working on other funding opportunities to provide this training as we do not know that we will
receive another waiver for non certified drivers from the State, ours expires in January .
- If you know of any businesses or groups that would like to have Stop the Bleed training, please let me know and we can work o n getting a class scheduled.
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File Attachments for Item:
5. Special Council Workshop Minutes of August 23, 2021.
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File Attachments for Item:
6. City/County Planning Board Minutes of August 18, 2021.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, AUGUST 18, 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 5:35pm.
Jon Klasna
Gavin Williams
Roger Giese
Dan Koch
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: May 19, 2021
The Chair presented the meeting minutes from the May meeting.
Dan motioned to approve the minutes from the meeting from May 19, 2021.
Roger Seconded.
Motion Carried.
3. Approve Meeting Minutes: June 16, 2021
The Chair presented the meeting minutes from the June meeting.
Dan Motioned to approve the minutes from the June 16, 2021, meeting.
Jon Seconded.
Motion Carried.
4. Public Hearing: Bitterroot Grove Townhomes Planned Unit Development
The Planning Director presented the staff report and conditions of approval.
The Chair Called for Proponents.
Forrest Mandeville, Columbus, MT, consulting planner working with the developer Darrell Dyer.
Forrest and the developer approved of the stated conditions of approval. Looks forward to getting the
ground broken and getting the project built.
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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.
The Chair called for any questions or comments from the board.
Planning Director reported the Absent Member Ron Benner’s comments on the Application via email.
The Planning Director responded to those concerns and clarified the processes for annexation and PUD
approval.
Gavin Motioned to approve the Annexation of NUTTING BROS SUBD, S10, T02 S, R24 E, BLOCK 6,
Lots 1 - 12, and NUTTING BROS SUBD, S10, T02 S, R24 E, BLOCK 7, Lots 1 – 12 with the stated
staff conditions.
Dan Seconded.
Motion Carried.
Gavin Motioned to approve the Bitterroot Grove Townhomes Planned Unit Development with the stated
staff conditions.
Dan Seconded.
Motion Carried.
5. Public Hearing: Chevrolet Sign Variance
The Planning Director presented his staff report on the variance applications and stated staff conditions.
The Chair Called for Proponents.
Ken Fichtner, Laurel Resident, previous owner of the Laurel Chevrolet: Would like to not remove it,
would like to have groups come and use it. He would be happy to display local messages. It is a
community asset and not just advertising for the business.
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.
The Chair called for discussion from the board.
Jon wanted to clarify the location of the sign.
Gavin noted that the time limit for messages should be 30-seconds to be better suited to highway traffic.
Gavin motioned to approve the Chevrolet Sign Variances with the discussed amended condition of
approval.
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The Chair provided background as to the motion or quick-moving images of the original
Gavin restated that there were no issues.
Gavin Motioned to approve the Laurel Chevrolet Sign Variances with the amended conditions of
approval, limit the changing messages to 30-second limit for messages.
Jon Seconded.
Motion Carried.
6. Public Hearing: Preliminary Plat for Cherry Hills Subdivision, 3rd Filing
The Planning Director presented his staff report on the Annexation and Preliminary Plat of Cherry Hills
Subdivison, 3rd Filing.
The Chair Called for Proponents.
Marty Gagnon, Engineer at Morrison-Maierle.
Appreciate the Board taking the project into consideration. Would like to review the stated conditions of
approval.
The Chair Called for Proponents.
Gerry Neuman, Current owner of the property.
He stated that he bought the property 20 years ago with the goal of development. Was platted and de-
platted prior to him buying it. Had development in mind. Larry, the original engineer, reviewed the
original plan and calculations.
Was unable to develop the property due to other projects and other things going on. There were some
concerns about water pressure with the Elena Subdivision being developed. The City installed a Pump
Station after discussions with the Elena developer and himself. Land was given to the City for the
Station with future development in mind.
15 years ago he started the platting process, was at DEQ when the market changed (2008 crisis). Gerry
would rather go fishing and play golf than tackle this project. Has decided to develop it and sell it.
Relocating the station had been discussed with the City and contracted engineers. Bottom Line: would
like to develop it and sell it off so I can go fishing.
It is a great candidate for development. Willing to take any questions.
The Chair Called for Proponents.
Marty Gagnon had questions about #7, #13, #14.
Planning Director provided a reasoning behind the inclusion of the conditions. These can be updated
prior to final adoption by City Council.
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The Chair Called for Opponents.
The Chair Called for Opponents.
The Chair Called for Opponents.
The Chair Called for Planning Board member questions. There being none, the chair called for a vote.
Gavin Motioned to Approve the Annexation of the Cherry Hills Subdivision, 3rd Filing, with the stated
conditions of approval.
Jon Seconded.
Motion Carried.
Gavin Motioned to the Approve the Preliminary Plat of Cherry Hills Subdivison, 3rd Filing with the
stated staff conditions.
Dan asked if West Maryland would be continued.
Marty provided additional information. Originally submitted the delineation report to the ACOE.
Decided to pull back the scope of the project to this filing, but plan to expand it across the whole
property, including a roadway.
Gavin Motioned to the Approve the preliminary plat of Cherry Hills Subdivision 3rd Filing with the
stated staff conditions.
Dan Seconded.
Motion Carried.
New Business
7. Special Review: Nemont Telephone Utility in Residential District
The Planning Director presented the staff report and conditions of approval.
Jim Tuell was present at the meeting. He specified that it will be 10x12x10(h) shed. It is a regen site for
the fiberoptic line. Project Telephone is bringing a transport line through Columbus, Park City, Laurel,
to Billings.
What is the Route?
• Golf Course Road, Cherry Hills property, West Maryland Lane, East along W 12th Street and
across to
Can use sight obscuring slats for the fence.
Will have a generator mounted on a pad for the site, as well as Natural Gas connection.
Everything will be flush with the ground besides the utility shed.
Gavin motioned to approve the Special Review for the Project Telephone utility building with the stated
staff conditions.
Evan Seconded.
Motion Carried.
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8. Sign Review: Yellowstone Bank Sign Upgrade
Nick presented the Yellowstone Bank sign upgrade designs. These are replacing old signs and
installation of new faces.
Gavin Motioned to approve the Yellowstone County sign designs.
Evan Seconded.
Motion Carried.
9. Sign Review: Soda Station
Nick presented details on the soda station property signs.
Gerry Neumann, part owner was present for the discussion.
The Site is temporary. He is in negotiations now to build a second building, permanent. To be bigger
than the Dominos pizza.
Want the Soda Station to become part of that structure if they are successful.
The Planning Director noted some of his concerns for the site including signage and weeds.
Gerry would like it to be successful and clean the site up and do a big improvement on it.
Gavin Motioned to approve the Signs for Soda Station.
Roger Seconded.
Motion Carried.
Old Business
Other Items
10. Upcoming Projects
Announcements
11. Adjourn
Dan Motioned to Adjourn the meeting.
Roger Seconded.
Motion Carried.
Meeting Adjourned at 7:10pm.
12. Next Meeting: September 22, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
7. City/County Planning Board Minutes of September 15, 2021.
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AGENDA
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, SEPTEMBER 15, 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 5:35pm.
Jon Klasna
Ron Benner
Gavin Williams
Evan Bruce
Roger Giese
Dan Koch
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: August 18, 2021
Minutes to be pushed to the October Meeting.
3. Public Hearing: NorthWestern Energy Zone Change
The Planning Director summarized the Zone Change request and presented his staff report and
suggested conditions of approval.
The Chair called for Opponents.
The Chair called for Opponents.
The Chair called for Opponents.
The Chair called for Proponents.
The Chair called for Proponents.
The Chair Called for Proponents.
Roy Ishkanian, Manager of Lands and Permitting, NW Energy.
3524 Glenfinnan Rd, Billings, MT
We are going through this process. The ultimate approval will be at the MT Public Service Commission.
We feel good about this project. The Gas Line is just about wrapped up for this site. Purchased the line
from Phillips and rehabbed it to serve the station.
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See this as important to keep the price of energy level, instead of having extreme variable prices like
we’ve seen across the country.
Ron Benner: What will the noise level be?
Roy: The noise level will actually be low. The noise will be aimed towards the other industrial uses
(CHS and Utility Plants) and not the river or other areas. At approximately 400ft it will be 63 decibels.
Question on staffing levels.
• 15-20 full time.
Ron: accesses to the site?
• Roy: Lindy Lane, Strow Rd, and Sewer Plant Rd. Utilize Lindy as the current primary access for
the station that is there right now.
Power generation, supply, and location are all important for this facility.
Judy: Where does Lindy Lane come out to?
• Roy: It comes up to the Frontage Rd.
Nick: Any consideration of annexation?
• Roy: Still being discussed by Project Mangers, but you will be the first call.
Roger: Timeline of development?
• Roy: Expect a 3 year timeline, to be done in 2025.
Ron: One concern seeing this was the access to the site through Sewer Plant Rd. and what the costs
might be to improve the roadway?
• Roy: Not planned to improve the roadway at this time. Primary access will be through Lindy
Lane.
Judy: If someone were to stand on Sewer Plant road looking towards the site, what would we see?
• Main hall building, stacks, Small administrative building (low rise single story like city hall), as
well as parking area.
Ron: Height of the smokestacks?
• Roy: I don’t actually know the answer but can get back to Nick with that answer.
• (Roy provided the information via email on 9/16/2021 – smokestacks will be 77ft tall).
Gavin Motioned to approve the zone change application for Parcel 1, COS 139 and Parcel 2, COS 1677
with the stated staff conditions
Evan Seconded.
Motion Carried.
4. Public Hearing: 810 W. 7th Street Annexation and Zone Change
Nick presented the findings contained in the Staff report including the stated conditions of approval.
The Chair called for Opponents.
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The Chair called for Opponents.
The Chair called for Opponents.
The Chair called for Proponents.
Scott Slothower, 314 1st St. Park City, MT: Nick laid out the situation pretty well. The leech field is
extremely small, with the house set back. Not sure how it was initially approved. Worked with Cotter’s
Sewer to fix it but it was found that the roots from the surrounding trees were choking the leech field
making it unusable.
The Chair called for Proponents.
The Chair called for Proponents.
Ron: clarification on addresses?
• We were preparing to sell it last year when the issues with the septic system were found. We ran
out of funds last year to continue the process last year. And we are in a better position this year
to finalize it.
• The building will go to the Slothowers.
Ron: On the receipt from Cotter’s, what if the cost exceeds the $$ amount? Will the city have to make
up the difference?
• Scott: the not to exceed amount is the Cotter’s sewer guarantee that it will NOT exceed that
amount.
• From my experience in Steel business, we sometimes give not to exceed amounts as contractors.
IF it exceeds that amount, the contractor will eat the amount, That is the assumed intent. This is a
BID not to exceed that stated amount.
Ron: Hate to bash the city but the maps are not accurate. The maps on some projects have been
COMPLETELY WRONG.
• Scott: Cotter’s has located at least part of the water main system.
Members discussed the implications or reasoning behind Not asking adjacent properties to the west to
annex as well?
• Nick provided info on his decision not to reach out to adjacent property owners: the adjacent
right of way is not punched through fully, it would not be sensible to do a large scale annexation
of those houses at this time.
The Chair closed the public hearing.
Ron Motioned to approve the annexation and zoning request for 810 W 7th Street with the conditions
stated in the staff report.
Evan Seconded.
Motion Carried.
New Business
5. Sign Review: On the Run (Conomart)
Nick presented the Façade and signage changes for the Conoco, (Now, On The Run).
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Gain Motioned to approve the proposed changes to the signage and façade of the On The Run building.
Evan Seconded.
Motion Carried.
Old Business
Other Items
6. Project Update
• Cherry Hills 3rd Filing Approved last night
• Bitterroot Grove Approved. Will be brought to council and Planning Board again
• Golf Course Annexation
• Lucky Louie’s Relocation
• Regal Community Park? – Fencing along the property? Enforcement concerns.
• Soda Station site concerns
• Zoning and Nuisance Code violations.
• Nuisance properties within the city limits.
Announcements
7. Adjourn
Meeting Adjourned at 6:54pm.
8. Next Meeting: October 20, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
8. Laurel Urban Renewal Agency Minutes of August 16, 2021.
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MINUTES
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, AUGUST 16, 2021
11:00 AM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
No Quorum. No Meeting Held.
General Items
2. Approve Meeting Minutes: June 28, 2021
3. Partner Updates
New Business
4. Large Grants Discussion
5. Board Priorities Discussion
Old Business
Other Items
Announcements
6. Adjourn
7. Next Meeting: September 20, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
9. Laurel Urban Renewal Agency Minutes of August 23, 2021.
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AGENDA
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, AUGUST 23, 2021
11:00 AM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
The Chair called the meeting to order at 11:00AM
Don Smarsh
Daniel Kline
Janice Lehman
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: June 28, 2021
Daniel Motioned to approve the minutes
Don Seconded.
Motion Carried.
3. Partner Updates
Dianne emailed Nick and let him know that she would not be able to make it.
Steve Simonson now works at Big Sky EDA. Nick will reach out to Beartooth and see if they are still
interested in attending the LURA meetings.
New Business
4. Large Grants Discussion
Nick presented a summary of the City Council discussion of LURA Large Grants.
Daniel asked how we can roll funds over to make the grants approval?
Don suggested we remove the Structural repair (flooring), and the Energy Efficiency improvement
budgeted items.
Don: City Council should set parameters or priorities prior to the Grant cycles.
The State has not found any issues with the eligible operations.
Judy asked if the signage grant was approved?
Nick will check the Council meeting minutes but thinks he forwarded it to them for review and
approval.
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Judy sees both the Auto Clinic and the Eagles grant as fully eligible.
Review of Auto Clinic Grant:
If we threw out all of the interior work, he would still qualify for $75,005.00 due to the entire project
cost. Members recommended to remove the Interior from review for the Laurel Auto Clinic.
• Nick will put forward the final number for Council review.
Members reviewed the FOE Grant Request. Nick suggested removal of the Cabinetry and back bar. Judy
suggested that the wiring work in 1st line item should be considered with the back bar construction work
($6,500). Question came up as to WHO is doing the work? Eagles is listed as the vendor
Don suggested we might have to go and ask them for specifics on the vendors and contracting. Members
recommended to have the Eagles re-do the grant with additional details for review.
• Nick said that he can follow-up with Marvin Carter to receive further details, estimates, and bills.
5. Board Priorities Discussion
Nick Presented his thoughts on the future priorities for the Board.
Judy reported that the original mission was to have the Chamber and the Council and LURA members
all involved.
Daniel: We should mobilize the funds wherever possible to improve things.
Judy: We have been utilizing funds to improve the increment of the properties.
Don: We should look to get numbers of what impact the improvements have had on the values and
increment.
Richard Herr: Need to have something in front of Council stating the value of properties to the district.
Don: it would be good to come up with a tax statement showing the pay-in to LURA.
Members recommended that Nick should include the Tax Statements as required documents on the
LURA Grant Applications.
Nick stated that we should present the case of property owners in the district as seeking opportunities for
support after years of being good residents of the district.
Nick said that Dianne had presented some interesting ideas about business program support by working
with the Chamber.
Daniel: Should we help support the Chamber park space across the street from City Hall.
Nick stated that he has met with Cami and Cheryl from the Front Porch about having LURA or
the TIF support it.
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Nick also presented the option of utilizing TIF funds for paying PW workers to maintain the trees and
other landscaping downtown. Suggested lighting installation coupled with Marketing (flags/penants),
with planters.
Don: what if we sought out bids for a tree trimmer for the entire TIF District.
Members discussed how to maintain the trees and landscaping downtown. How does Billings do it? (The
Purple People).
Judy: We could expand on the ideas of the lighting on the old Meadowlark building at the corner of 1st
and Main St.
Daniel: Lets pick 3 projects to put on the agenda:
➢ Lighting District
➢ Ditch Covering on Bernhardt Rd.
➢ Chamber Park Project at 1st Ave and 1st St
Judy: We should get the Laurel Community Foundation, Rotary, Chamber of Commerce. And other
community groups together.
6. Small Grant Review: Dragon Palace Roof Improvement
Daniel Motioned to approve the Small Grant Request for the Dragon Place in the amount of $1,247.00.
Don Seconded.
Motion Carried.
Old Business
Other Items
Announcements
7. Adjourn
Meeting adjourned at 12:08pm.
8. Next Meeting: September 20, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
10. Laurel Urban Renewal Agency Minutes of September 20, 2021.
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AGENDA
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, SEPTEMBER 20, 2021
11:00 AM
LAUREL CITY COUNCIL CHAMBERS
Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration
for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee
will not take action on any item not on the agenda.
1. Roll Call
The Chair called the meeting to order at 11:03am.
Don Smarsh
Daniel Klein
Janice Lehman
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: August 23, 2021
The Chair presented the minutes from the August Meeting.
Daniel motioned to approve the minutes from August 23, 2021.
Don Seconded.
Motion Carried.
3. Partner Updates
Dianne Lehme from BSEDA was present at the meeting.
Not a lot of big updates. Holding premiere of Edge of the Plains featuring entrepreneurs from the region.
October 7th premiere at Babcock theater in Billings. Free but you need to reserve a ticket. Should be a
fun event. 3:30 for annual meeting, premiere at 6:00/6:30.
You can also get Free tickets to the annual meeting of BSEDA. There is a party between the annual
meeting and the screening of the documentary. Trainings are coming up, don’t have the list in front of
me but they are listed on our website.
Daniel mentioned poaching Steve from Beartooth RC&D.
Dianne: He is a project manager in the Community Development department. He left Beartooth due to
the ton of travelling he had to do. Wanted to focus more on Yellowstone County. Beartooth has hired
Jacy Head (out of Red Lodge). This is her 3rd week.
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Nick reported that he had invited The Laurel Chamber of Commerce, Cami reported she would attend
but Nick had not heard back, He was also invited to speak in front of Rotary in the next few weeks so he
will spread the word about it.
New Business
4. Small Grant Request: Uniquities Signage Grant
Nick presented the grant. Straightforward 50% request for signage and awning improvement.
Don Motioned to approve the signage and awning grants in the amount of $1,937.96.
Daniel Seconded.
Motion Carried.
5. Priorities: Lighting
Nick presented his letter summarizing the discussions that took place in the Board meetings.
• Nick and Don would like to see lighting done for full Downtown (SE 4th Street and CBD).
• Judy, the lighting requested for SE 4th were more the pole
• Janice wants solar powered lights.
• Laurel Community Foundation has put lighting on the building on 1st and Main. (Currently a
church).
• Discussion of mixing lighting with other downtown improvements (marketing, landscaping, etc.)
Richard Herr was present; he is skeptical of the amount of water downtown. Does not think we have
enough water to take care of any landscaping or tree improvements.
Don: it would be a great addition to the city (flowers or planters). Would be great to have trees
downtown or some other greenery. Use LURA funds for trimming and other maintenance.
• Nick can look up how cities use funds for maintaining downtown planters or trees.
Janice: If we replant trees we CAN NOT use the type of trees that were planted in years prior.
• Nick can look up/establish a list of proper trees.
Daniel: Need to estimate # of hours of time spent on maintenance, # of staff needed. Need to re-study
the program annually to ensure the program is effective.
Marvin Carter from the F.O.E.: Bring Mike Matthew from Billings, he was responsible for the
maintenance of some planters and landscaping in Billings. Check with him about how to get it done.
Ask business owners if they would want to maintain the planters and/or trees or spend $$ on it.
Nick also presented the idea to have drought resistant plants that would not require as much right-of-way
or maintenance.
Debbie Singer, Lisa Perry at NW Energy are the people to talk to. Dianne Lehme will provide Nick with
their contact information.
• Nick Can put together info on: Install Cost, Maintenance Cost, Manpower, Financing.
Old Business
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6. Large Grant Discussion
Nick presented the FOE Grant. Marvin Carter was present to discuss it.
Sean Mullany wants to create a greenscape area along Main Street. (Amy and Sean own Sunlight realty)
Judy: Our question was when the vendor is marked “Eagles,” who would be doing the work? Would this
be a donation?
• We cant reimburse for labor that is donated.
• We want more details on #’s for the items marked EAGLES on the breakdown.
Marv: A lot of the work will come up above the current estimates.
Nick: We can always reconfigure and re-vote on the grant after more information is provided. That vote
can then be sent to City Council.
Don: Come back with more details. City Council has been very critical of fund requests.
Marv: I will work with the treasurer to revise and get a more accurate set of numbers to submit back to
the Board.
Other Items
Don: Payment of funds has been a concern. The lag time is an issue.
Nick reported that he will be submitting a number of the previously applied for grants in the next week
or so.
Don: Suggest contacting Lumpy (Mark Cloud). He is always willing to work on projects around Laurel
(Lighting or other items).
Announcements
7. Adjourn
Daniel Motioned to Adjourn.
Don Seconded.
Motion Carried.
Meeting adjourned at 11:58am.
8. Next Meeting: October 18, 2021
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
11. Public Works Committee Minutes of September 20, 2021.
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MINUTES
CITY OF LAUREL
PUBLIC WORKS COMMITTEE
MONDAY, SEPTEMBER 20, 2021
The Public Works Committee meeting was called to order at 6:00pm on Monday, September 20,
2021 by Committee Chair, Heidi Sparks.
Members Present: Heidi Sparks- Chair, Irv Wilke- Vice Chair, Richard Herr, Dan Koch, Marv
Carter, Bill Mountsier
Others Present: Kurt Markegard- Public Works Director
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.
No public input
General Items
1. Approval of Minutes from August 16, 2021- Richard Herr made a motion to approve the
minutes of August 16, 2021. Motion was seconded by Dan Koch. Motion carried to
approve the minutes of September 20, 2021.
New Business
2. Emergency Call Out Report- Report attached
3. KLJ Report- Report attached
Old Business
Other Items
Dan would like the city to approach the school district to pay for the painting on the parking lot on
the north side of Thompson Park by the high school.
Announcements
4. Next Meeting will be Monday, October 18, 2021 at 6:00pm
Meeting adjourned at 6:43pm.
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File Attachments for Item:
12. Cemetery Commission Minutes of September 30, 2021.
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City of laurel
Cemetery commission
Minutes of September 30th 2021 meeting
Public input;
Marvin and Sue Carter reported on the weed problem at the planter
surrounding the flags at the city cemetery. They cleaned the weeds out
three different times. They suggested that either new fabric and rocks
be placed or the area be cemented in. Also they are concerned about
the condition of the cemetery streets. This was all taken under
advisement.
Motion by Wallace 2nd by David to approve the minutes of the may 18,2021 meeting,
motion past
New Business;
A. Discussion on where to place the kiosk
B. Check out how much time is allowed on Saturday burials
C. Check with Peaks to Plains as to who built the Yellowstone National Cemetery
kiosk
D. Discussed raising burial rates
Business;
A. We have two bids for the new kiosk and we're waiting for a third one
Those attending; mayor Nelson, Kenny Olson, David Gauslow, WALLACE Hall, Richard
Herr, Rick Musson and Richard Klose
Motion to adjourn by David 2nd by WALLACE, meeting adjourned at 6:05 pm
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File Attachments for Item:
13. Tree Board Minutes of September 16, 2021.
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File Attachments for Item:
14. Park Board Minutes of October 7, 2021.
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File Attachments for Item:
15. Emergency Services Committee Minutes of September 27, 2021.
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File Attachments for Item:
16. Appointment of Eric Barbeau and Julie Johnson to the Laurel Volunteer Ambulance Service.
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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, Council President Ms. Eaton 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.
- Eric Barbeau, paramedic. Eric is a paramedic with the Billings Fire Department and teaches at the
Paramedic Program in Billings and for EMT classes with Big Sky EMS. Eric has been in EMS for 20+ years
and is a great paramedic. He worked previously at AMR and misses the time on an ambulance. He feels
that Laurel would be a perfect fit for him to spend more time with patients in the pre hospital setting and
to be on an ambulance again.
- Julie Johnson, paramedic. Julie is a paramedic with AMR, she has been in EMS for 20+ years and is also a
great paramedic. She would like to join our service to give back to the community as a volunteer.
We have lost a couple of volunteers and 2 full time staff due to change in their life schedules in the last couple of
months and I would like to replace them with these two. I feel that they will fit in great with our providers and also
it is a great opportunity to have a couple of people with vast EMS experience to help mentor some of our newer
EMS folks.
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
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File Attachments for Item:
17. Appointment of Robert Peters to the Laurel Volunteer Fire Department.
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File Attachments for Item:
18. Resolution No. R21-114: A Resolution Of The City Council Approving Certain Revisions To
The CBA Through A Memorandum Of Agreement Between The City Of Laurel And Local
Union Local 303, American Federation Of State, County And Municipal Employees,
AFSCME.
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R21-114 Local 303 CBA Amendments Animal and Parking Officer
RESOLUTION NO. R21-114
A RESOLUTION OF THE CITY COUNCIL APPROVING CERTAIN REVISIONS
TO THE CBA THROUGH A MEMORANDUM OF 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 negotiated a Collective Bargaining Agreement
(“CBA”) which was approved by the Union and City Council; and
WHEREAS, the City and Union agreed to amend the CBA to add an Animal Control and Parking
Position and to clarify the pay provisions for Patrolman and Communication Officers; and
WHEREAS, the Mayor, Chief of Police, and Union Representatives agreed that modifying the CBA
as shown in the attached documents is in the best interest of both parties; and
WHEREAS, approving the resolution will enable the Chief of Police to locate and hire a full -time
candidate to serve in the Animal Control and Parking Position for the City and provide clarification for City
Staff in regard to calculation of pay for Patrolmen and Communication Officers.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The attached amendments to the existing CBA between the Union and
City are hereby approved. The amendments are effective upon approval by the City Council.
Section 2: Execution. The Mayor and Clerk-Treasurer are given authority to execute the
amendments on behalf of the City.
Introduced at a regular meeting of the City Council on October 26, 2021, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 26th day of October 2021.
APPROVED by the Mayor this 26th day of October 2021.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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File Attachments for Item:
19. Resolution No. R21-115: A Resolution Approving An Encroachment Permit For A Portion
Of The Sidewalk Located At 206 1st Avenue For The Installation Of A Permanent Handicap
Ramp For Purposes Of Compliance With Applicable Building And Access Codes.
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R21-115 Encroachment Permit Dynamic Designs Handicap Ramp 206 1 st Avenue
RESOLUTION NO. R21-115
A RESOLUTION APPROVING AN ENCROACHMENT PERMIT FOR A PORTION OF
THE SIDEWALK LOCATED AT 206 1ST AVENUE FOR THE INSTALLATION OF A
PERMANENT HANDICAP RAMP FOR PURPOSES OF COMPLIANCE WITH
APPLICABLE BUILDING AND ACCESS CODES.
WHEREAS, the owners of the building located at 206 1st Avenue (“Property Owners”) who
currently operate a business known as “Dynamic Designs” at the same address, have filed an application
seeking an Encroachment Permit authorizing the construction and installation of a handicap ramp which
will be permanently affixed to their building; and
WHEREAS, the Property Owners advised the ramp will utilize a portion of the City sidewalk
which is a public right-of-way, however the use will not unduly impact or impede pedestrian traffic on
the remaining side walk; and
WHEREAS, City Staff reviewed the application and supporting materials, attached hereto and
incorporated herein, and recommends the City Council approve the Encroachment Permit pursuant to
the authority provided the City Council under Chapter 12.16.040, LMC; and
WHEREAS, upon review of this situation and the special facts and circumstances surrounding
this situation, the City Council has determined issuance of an Encroachment Permit is appropriate and,
in the City’s, best interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the attached Encroachment
Permit is hereby approved for the installation and construction of a permanent handicap access ramp for
the building located at 206 1st Avenue within the City of Laurel; and
BE IT FURTHER RESOLVED, that the permit shall remain valid and run with the property so
long as the handicap ramp is not removed by the Property Owner. The Mayor/City Staff are authorized
to execute and record the attached Encroachment Permit on behalf of the City of Laurel.
Introduced at a regular meeting of the City Council on October 26, 2021, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 26th day of October
2021.
APPROVED by the Mayor this 26th day of October 2021.
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R21-115 Encroachment Permit Dynamic Designs Handicap Ramp 206 1 st Avenue
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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File Attachments for Item:
20. Resolution No. R21-116: A Resolution Authorizing The Mayor To Execute A Contract With
“In Control, Inc.” To Prepare A Pre-Engineering Survey For The City’s Waste Water Treatment
Plant.
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R21-116 Approve Contract “In Control, Inc.” Pre-Engineering Study City’s Waste Water Treatment Plant
RESOLUTION NO. R21-116
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
“IN CONTROL, INC.” TO PREPARE A PRE-ENGINEERING SURVEY FOR THE
CITY’S WASTE WATER TREATMENT PLANT.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Contract between the City of Laurel and In Control, Inc. for
the preparation of a Pre-Engineering Survey for the City’s Water Treatment Plant as described in
the attached Contract and Proposal (Exhibit A) is accepted and approved.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel
are hereby given authority to accept and execute the Contract on behalf of the City.
Section 3: Effective date. The effective date for the attached Contract is the date this
Resolution is approved by the City Council.
Introduced at a regular meeting of the City Council on October 26, 2021, by Council
Member _____.
PASSED and APPROVED by the City Council of the City of Laurel this 26th day of
October 2021.
APPROVED by the Mayor this 26th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 26th day of October 2021, between the City of Laurel,
a municipal corporation organized and existing under the laws of the State of Montana whose address
is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and InControl Inc., a contractor
licensed to conduct business in the State of Montana, whose address is 10352 Jameston St. NE, Blaine,
MN 55449, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated October 13, 2021, attached hereto as Exhibit “A” and by this reference made
part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor
shall complete the services within 60 days of commencing work. The parties may extend the term of
this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the
specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and
Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor fifty thousand dollars and no cents ($50,000.00) for the work described
in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be
executed only upon written request by the City to Contractor and will become an extra charge over and
above the contract amount. The parties must agree to extra payments or charges in writing. Prior to
final payment, Contractor shall provide City with an invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and
shall not be considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub -
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
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results of this contract. Contractor is solely responsible for all work and work product under this
contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct
the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39 -71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is
paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms o f this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and replacement, to correct the defective or
nonconforming condition within a time frame acceptable to the City and at no additional cost to the
City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such
defective or nonconforming condition has been corrected. Contractor warrants the corrective action
taken against defective and nonconforming conditions for a period of an additional one (1) year from
the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of the
types and character of equipment necessary for the work, the types of materials needed and the sources
of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage
and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided,
however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of
such loss shall be placed on the City.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and ma y not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 26th DAY OF OCTOBER 2021.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Thomas C. Nelson, Mayor InControl Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Bethany Langve, Clerk/Treasurer
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File Attachments for Item:
21. Resolution No. R21-117: A Resolution Of The City Council Authorizing The City Council
President (Chairman) To Sign Legal Documents On Behalf Of Mayor Nelson During His
Absence Pursuant To The City Charter.
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R21-117 Authorize City Council President to sign City Legal Documents: Mayor’s Absence
RESOLUTION NO. R21-117
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY COUNCIL
PRESIDENT (CHAIRMAN) TO SIGN LEGAL DOCUMENTS ON BEHALF OF
MAYOR NELSON DURING HIS ABSENCE PURSUANT TO THE CITY CHARTER.
WHEREAS, the City Council was notified that the City’s Mayor (Mayor Nelson) would
be absent from the City for a currently unknown time due to a medical issue; and
WHEREAS, the City’s Charter provides authority for the Council Chairm an, also known
as, Council President to preside when the Mayor is absent; and
WHEREAS, pursuant to the Charter provision and similar provision in the Laurel
Municipal Code, City Council action to confirm the Council President’s signature authority is
appropriate to ensure all parties that all legal documents signed by the Council President on behalf
of the Mayor, are valid, legal and authorized by law; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana that Emilie Eaton, the currently elected and serving City Council President, also known
as the Chairman of the City Council, is authorized to sign all legal documents on behalf of Mayor
Nelson during his absence; and
BE IT FURTHER RESOLVED, this resolution shall expire and be of no further effect
upon Mayor Nelson’s return to service.
Introduced at a regular meeting of the City Council on October 26, 2021, by Council
Member _________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 26th
day of October 2021.
APPROVED by the Mayor this 26th day of October 2021.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
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