HomeMy WebLinkAboutCouncil Workshop Packet 11.02.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, NOVEMBER 02, 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
Executive Review
1. Resolution - A Resolution Of The City Council Approving A Memorandum Of Understanding
Between The City Of Laurel And Local Union Local 303, American Federation Of State,
County And Municipal Employees, AFSCME.
2. Resolution - A Resolution Authorizing A Lease Agreement Between The City Of Laurel And
Laurel American Legion Post #123, For The Construction And Use Of City Owned Property
For A Parking Lot Near The City’s Cemetery.
3. Motion To Allow Council Member Sparks To Be Absent From The City Of Laurel For More
Than Ten Days. (LMC 2.12.060)
Council Issues
4. Discussion on Disbanding LURA/Ceasing the LURA Grant Program
5. Discussion on Downtown Parking Study
6. Update On Clean-Up Efforts on Fir Avenue.
7. Update on IronHorse Subdivision - Has Building Begun
Other Items
Review of Draft Council Agendas
8. Draft Council Agenda of November 9, 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 in this meeting. Persons needing accommodation must notify the City Clerk’s Offic e to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
1. Resolution - A Resolution Of The City Council Approving A Memorandum Of Understanding
Between The City Of Laurel And Local Union Local 303, American Federation Of State, County
And Municipal Employees, AFSCME.
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R21___ Local 303 Union Agreement MOU Animal and Parking Officer Probation Wage Waiver
RESOLUTION NO. R21-___
A RESOLUTION OF THE CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING 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 an existing contract in place (“CBA”)
which includes a provision for newly hired employees to be paid $1.00 less per hour than his/her
classification grade for a twelve-month probation period; and
WHEREAS, the City recently hired an Animal and Parking Officer who will fill the position
beginning in November, 2021; and
WHEREAS, the successful candidate worked over 20 years for the City as a police officer and the
reduced salary during the probation period required by the CBA work create a hardship for the employee
who will be taking a substantial less in salary for this position; and
WHEREAS, the Chief of Police and President of the Union have negotiated a Memorandum of
Agreement (“MOU”) between the City and Union to allow the newly hired Animal and Parking Officer to
collect the full salary from his start date forward rather than the $1.00 per hour reduction as provided in the
CBA; and
WHEREAS, the parties specifically agree that the MOU is intended to apply to this employee and
this unique situation only and does not constitute an amendment of any kind to the CBA or a past or current
practice on either party’s behalf.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The attached MOU between the City of Laurel and the Union is
hereby approved. In accordance with the terms of the agreement, such approval is retroactive to November
1, 2021 or the date the employee begins work.
Section 2: Execution. The Mayor and City Clerk-Treasurer are authorized 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:
_________________________________________
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R21___ Local 303 Union Agreement MOU Animal and Parking Officer Probation Wage Waiver
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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File Attachments for Item:
2. Resolution - A Resolution Authorizing A Lease Agreement Between The City Of Laurel And
Laurel American Legion Post #123, For The Construction And Use Of City Owned Property For
A Parking Lot Near The City’s Cemetery.
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R21-__ Laurel American Legion Post #123 Lease Agreement: Parking Lot
RESOLUTION NO. R20-___
A RESOLUTION AUTHORIZING A LEASE AGREEMENT BETWEEN THE
CITY OF LAUREL AND LAUREL AMERICAN LEGION POST #123, FOR THE
CONSTRUCTION AND USE OF CITY OWNED PROPERTY FOR A PARKING
LOT NEAR THE CITY’S CEMETERY.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The existing Lease Agreement between the City of Laurel
and the Laurel American Legion Post #123 for leasing City owned property located near the
City Cemetery for the construction and use as a public parking lot for individuals visiting
the City’s Cemetery as well as the Yellowstone National Cemetery. A copy is attached
hereto for convenience.
Section 2: Terms and Conditions. All terms and conditions of the Lease
Agreement negotiated by the Parties are hereby approved.
Section 3: Effective date. The effective date for the Lease Agreement is the date
approved by the City Council.
Introduced at a regular meeting of the City Council on __________________, 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
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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LEASE AGREEMENT
THIS LEASE, made and entered into this ___ day of
___________, 2021, by and between the City of Laurel, whose
business address is PO Box 10, Laurel, Montana hereinafter
called “Lessor”, and the Laurel American Legion Post #123,
whose business address is Box 211, Laurel, Montana
hereinafter called “Lessee”.
I.
LEASED PREMISES
Lessor, in consideration for the rent agreed to be paid
by Lessee, and in consideration of the covenants and
agreements hereinafter expressed on the part of the Lessee to
be kept and performed, does hereby lease to Lessee, real
property owned by Lessor, hereinafter referred to as the
“Leased Premises" and specifically legally described as:
[DESCRIPTION OF REAL PROPERTY]
II.
TERM
The term of the lease shall be for 25 years and shall
commence on the date the City Council approves the lease and
shall expire and terminate 25 years thereafter unless an
additional 25 year term is requested by the Lessee. The
second 25 year term shall automatically renew upon
notification by Lessee in a signed writing delivered to the
City Clerk Treasurer on or before the date of expiration.
Either party may terminate the lease as hereinafter provided.
III.
RENT
Lessee agrees to pay annual rent of fifty dollars per
year ($50.00), not to be prorated for a short year.
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IV.
SECURITY DEPOSIT
The parties acknowledge Lessee will not make a deposit
with Lessor as a security deposit for the Lessee’s faithful
performance of Lessee’s obligations under the Lease
Agreement.
V.
USE OF LEASED PREMISES
The Leased Premises may be used by the Lessee to
construct, manage and operate a parking lot for guests
visiting the Laurel City Cemetery and Yellowstone National
Cemetery. Lessor is providing unimproved land through this
lease for the lawful use of the Leased Premises. Lessee
intends to construct a parking lot on the Leased Premises.
Lessee shall comply with all applicable City permits,
building and construction standards and codes applicable to
the construction, maintenance and upkeep during the term of
this lease.
Lessee shall not cause or permit anything to be done on or
about said property, or which shall in any way tend to create
a nuisance or dangerous condition on the Leased Premises at
any time.
VI.
PROPERTY TAXES
The Lessor retains all responsibility for payment of the
real property taxes on the Leased Premises.
VII.
REPAIRS
Lessee acknowledges that it is taking the Leased
Premises “as is” and without improvements. Lessee agrees, at
its own costs and expense, to design and construct the parking
lot pursuant to the appropriate public work standards and
that after construction, Lessee shall maintain the Leased
Premises and make all necessary repairs to the parking lot
surface during the term of the Lease and/or any renewal
thereof. Lessee acknowledges that it is improving the Leased
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Premises, at its own expense, and upon expiration or
termination of the lease, Lessor will retake possession of
the Lease Premises along with all the improvements. Lessee
hereby waives any right to ownership or compensation for all
improvements to the Leased Property hereunder. Lessee shall
perform weed maintenance as required.
VIII.
LIENS
Lessee shall keep the Leased Premises and the property
on which the premises are situated free from any liens arising
out of any work performed for Lessee, material furnished to
Lessee or obligations incurred by Lessee.
IX.
DAMAGE OR DESTRUCTION
In the event of damage or destruction of all or any part
of the Leased Premises, Lessor shall have the option of
terminating this Lease within thirty (30) days after said
damage to the Leased Premises is repaired or remediated or
the property returned to its original condition.
X.
DEFAULT
Should default be made in the payment of any of the rent
or other obligations hereunder when due, or should the Lessee
or its agents or employee violate any of the terms,
conditions, or covenants of this Lease, or should the Lessee
vacate or abandon the Leased Premises or any part thereof,
the Lessor may at Lessor’s option, after giving ten (10) days
written notice thereof by certified mail to Lessee at Lessee’s
address, provided herein, to cure the default, re-enter and
take possession of said Leased Premises.
XI.
HOLD HARMLESS AND INDEMNIFICATION
Lessee agrees to hold Lessor free and harmless from any
liability and claim for damages by reason of any injury to
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any person or persons, including agent or employees of Lessee,
or property of any kind whatsoever and to whomever belonging,
including property of Lessee, from any cause whatsoever,
while in, upon, or in any way connected with the Leased
Premises or appurtances adjacent thereto, during the term of
this Lease, or any extension or additional time during which
the Lessee may remain in possession of said Leased Premises.
Lessor shall not be liable for any loss, injury, death, or
damage to persons or property that at any time may be suffered
or sustained by Lessee or by any person whosoever may be at
any time be using or occupying or visiting the Leased Premises
or be in, on, or about the Leased Premises, whether the loss,
injury, death, or damage shall be caused by or in any way
result from or arise out of any act, omission, or negligence
of Lessee or of any occupant, subtenant, visitor, or user of
any portion of the premises, or shall result from or be caused
by any other matter or thing whether of the same kind as or
of a different kind than that of the matters of things above
set forth.
Lessee shall indemnify Lessor against any and all
claims, liability, loss, or damage whatsoever on account of
any such loss, injury, death, or damage. Lessee waives all
claims against Lessor for damages to the improvements that
are now on or hereafter placed or built on the premises and
to the property of Lessee in, on, or about the premises, and
for injuries to persons or property in or about the premises,
from any cause arising at anytime. The two preceding
sentences shall not apply to loss, injury, death, or damages
arising by reason of the negligence or misconduct of the
Lessor, its agents, or employees.
Prohibition of involuntary assignment. Neither this
lease agreement nor the leasehold estate of Lessee nor any
interest of Lessee under this lease agreement in the Leased
Premises or in the improvements on the Leased Premises shall
be subject to involuntary assignment, transfer, or sale, or
to assignment, transfer, or sale by operation of law in any
manner whatsoever; any attempt at involuntary assignment,
transfer, or sale shall be void and of no effect.
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XII.
INSPECTION OF PREMISES
Lessor and his agent have the right to enter on the
Leased Premises to inspect the Leased Premises and see that
no damage has been done or is done, and to protect any and
all rights of Lessor and to post such reasonable legal notices
as Lessor may desire to protect any and all rights of Lessor.
XIII.
ATTORNEY FEES IN LEGAL ACTION
In the event that either party hereto shall bring legal
action against the other party, then the prevailing party
shall be entitled to reimbursement from the other party for
all expenses incurred, including reasonable attorneys fees.
XIV.
INSURANCE
A. Comprehensive General Liability Insurance. Lessee
shall maintain in effect throughout the term of this Lease
Agreement comprehensive general liability insurance insuring
Lessee against any liability arising out of this Lease
Agreement or the use, occupancy, or maintenance of the Leased
Premises and all areas appurtenant to the Leased Premises.
Such insurance shall be in the amount of no less than
$1,000,000 combined single limit for injury to or death of
one or more person in an occurrence, and for damage to
tangible property (including loss of use) in any one
occurrence. The insurance policy shall ensure the hazards of
the Leased Premises and operations conducted in and on the
Leased Premises, independent contractor, contractual
liability (covering the indemnity included in this Lease
Agreement), and shall name Lessor as an insured party, as its
interest may appear. Lessor shall be furnished with a copy
of the Certificate of Insurance. Such coverage shall be
primary and non-contributing with any insurance carried by
Lessor. The liability insurance policy shall contain
endorsements requiring thirty (30) days written notice to
Lessor prior to any cancellation or any reduction in the
amount of coverage.
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XV.
TIME
Time is of the essence in this Lease.
XVI.
AGREEMENT IN COUNTERPARTS
This Agreement may be executed simultaneously, or in two
or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same
instrument.
XVII.
COMPLIANCE WITH LAWS AND REGULATIONS
Lessee, at its expense, shall promptly comply with all
federal, state, and municipal laws, orders and regulations,
and with all lawful directives of public officers, which
impose any duty upon it or Lessor with respect to the Leased
Premises. The Lessee, at its expense, shall obtain all
required licenses and permits for the conduct of its business
with the terms of this Lease, or for the making of repairs,
alterations, improvements, or additions. Lessor, when
necessary, will join with the Lessee in applying for all such
permits or licenses.
XVIII.
SURRENDER UPON TERMINATION
At the expiration of the lease term, the Lessee shall
surrender the Leased Property in as good condition as it was
at the beginning of the term, reasonable use and wear
excepted.
XIX.
MISCELLANEOUS TERMS
A. Notices. Any notice, statement, demand, or other
communication by one party to the other, shall be given by
personal delivery or by mailing the same, postage prepaid,
addressed to the Lessee at the premises, or to the Lessor at
the address set forth above.
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B. Severability. If any clause or provision herein
shall be adjudged invalid or unenforceable by a court of
competent jurisdiction or by operation of any applicable law,
it shall not affect the validity of any other clause or
provision, which shall remain in full force and effect.
C. Waiver. The failure of either party to enforce any
of the provisions of this Lease shall not be considered a
waiver of that provision or the right of the party to
thereafter enforce the provision.
D. Complete Agreement. This constitutes the entire
understanding of the parties with respect to the subject
matter hereof and may not be modified except by an instrument
in writing and signed by the parties.
E. Successor. This Lease is binding on all parties
who lawfully succeed to the rights or take the place of the
Lessor or Lessee.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed the day and year first above
written.
LESSOR:
_________________________
Mayor, City of Laurel
ATTEST:
____________________
City Clerk Treasurer
LESSEE:
________________________________
Laurel American Legion Post #123
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File Attachments for Item:
5. Discussion on Downtown Parking Study
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RESOLUTION NO. R00 -13
DIAGONAL PARKING ON COLORADO AND MONTANA AVENUES
FROM MAIN TO FIRST STREET ON A TRIAL BASIS.
WHEREAS, the TCSP Grant has generated sufficient interest to try diagonal
parking; and
WHEREAS, the streets of Montana Avenue and Colorado Avenue have businesses
that would benefit from increased parking availability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Laurel, Montana,
That the Public Works Department develop signage for diagonal parking and stripe
the appropriate spaces along Montana and Colorado Avenues.
That this resolution shall be effective for a trial basis of six months and shall expire
after that date. The effective date of this resolution shall be July 1, 2000.
Introduced at a regular meeting of the City Council on April 18, 2000, by
Alderman Olson
PASSED and APPROVED by the City Council of the City of Laurel this 18 day
of April, 2000.
APPROVED by the Mayor this 18 day of April, 2000.
CITY OF LAUREL
Charles G. Rodgers, Mayor j
ATTEST:
Mary K mbleton, Clerk- Treasurer
Approved as to to
V. J . , Leckie, City Attorney
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RESOLUTION NO. R02-61
RESOLUTION FOR DIAGONAL PARKING ON COLORADO AVENUE,
MONTANA AVENUE, AND SECOND AVENUE FROM
MAIN STREET TO FIRST STREET.
WHEREAS, diagonal parking is a key feature to the downtown revitalization; and
WHEREAS, the streets of Montana Avenue, Colorado Avenue, and Second
Avenue have businesses that would benefit from increased parking availability; and
WHEREAS, the trial period for diagonal pazking has been completed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Laurel, Montana,
That the Public Works Department develop signage for diagonal parking and stripe
the appropriate spaces along Montana Avenue, Colorado Avenue, and Second Avenue
from Main Street to First Street.
The effective date of this resolution shall be September 3, 2002.
Introduced at a regular meeting of the City Council on September 3, 2002, by
Alderman Mears
PASSED and APPROVED by the City Council of the City of Laurel this 3`d day of
September, 2002.
APPROVED by the Mayor this 3rd day of September, 2002.
CITY OF LAUREL
J n E. Jo on, Jr., M o ATTEST:
Mary
K. bleton, Clerk-TreasurerApproved
as to form:M
he + ekson, Ci~~~orne~~t~
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File Attachments for Item:
8. Draft Council Agenda of November 9, 2021.
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AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 09, 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 Minutes of October 26, 2021.
2. Approval of Special City Council Minutes of October 28, 2021.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calen dar," is then voted upon by roll
call under one motion.
3. Claims entered through November 5, 2021.
4. Approval of Payroll Register for PPE 10/31/2021 totaling $_______.
5. Special Council Workshop Minutes of August 30, 2021.
Ceremonial Calendar
Reports of Boards and Commissions
6. Budget/Finance Committee Minutes of September 28, 2021.
7. Budget/Finance Committee Minutes of October 12, 2021.
8. Budget/Finance Committee Minutes of October 26, 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
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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
9. Resolution - A Resolution Of The City Council Approving A Memorandum Of Understanding
Between The City Of Laurel And Local Union Local 303, American Federation Of State,
County And Municipal Employees, AFSCME.
10. Resolution - A Resolution Authorizing A Lease Agreement Between The City Of Laurel And
Laurel American Legion Post #123, For The Construction And Use Of City Owned Property
For A Parking Lot Near The City’s Cemetery.
11. Motion To Allow Council Member Sparks To Be Absent From The City Of Laurel For More
Than Ten Days. (LMC 2.12.060)
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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