HomeMy WebLinkAboutCity Council Packet 11.09.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 09, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R21-118
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 26, 2021.
2. Approval of Special City Council Minutes of October 28, 2021.
Correspondence
3. Police Department Monthly Report - October 2021.
4. Fire Department Monthly Report - October 2021.
5. Building Department Monthly Report - October 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 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 November 5, 2021.
7. Approval of Payroll Register for PPE 10/31/2021 totaling $226,647.29.
8. Special Council Workshop Minutes of August 30, 2021.
9. Council Workshop Minutes of September 21, 2021.
Ceremonial Calendar
Reports of Boards and Commissions
10. Budget/Finance Committee Minutes of September 28, 2021.
11. Budget/Finance Committee Minutes of October 12, 2021.
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12. 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 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. Resolution No. R21-118: 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.
14. Resolution No. R21-119: 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.
15. Resolution No. R21-120: A Resolution Of The City Council Authorizing The Removal Of
Former Mayor, Thomas C. Nelson, From All City Accounts And Adding Newly Elected
Mayor, Dave Waggoner, To All Such Accounts.
16. Motion To Allow Council Member Sparks To Be Absent From The City Of Laurel For More
Than Ten Days. (LMC 2.12.060)
17. Appointment of Mayor to fill Vacancy.
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 26, 2021.
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2. Approval of Special City Council Minutes of October 28, 2021.
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File Attachments for Item:
3. Police Department Monthly Report - October 2021.
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Page 1 of 5
Total Calls Printed on November 1, 2021
[CFS Date/Time] is between '2021-05-25 00:00' and '2021-06-27 23:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 8 8
: Agency Assist 81 81
: Alarm - Burglary 21 21
: Alarm - Fire 5 5
AMB : Ambulance 87 87
: Animal Complaint 20 20
: Area Check 9 9
: Assault 5 5
: Bad Checks 0 0
: Barking Dog 4 4
: Bomb Threat 0 0
: Burglary 3 3
: Child Abuse/Neglect 3 3
: Civil Complaint 18 18
: Counterfeiting 1 1
: Criminal Mischief 1 1
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Page 2 of 5
Code : Description
Totals
: Criminal Trespass 8 8
: Cruelty to Animals 10 10
: Curfew Violation 30 30
: Discharge Firearm 0 0
: Disorderly Conduct 12 12
: Dog at Large 18 18
: Dog Bite 1 1
DUI : DUI Driver 21 21
: Duplicate Call 2 2
: Escape 0 0
: Family Disturbance 14 14
: Fight 2 2
FIRE : Fire or Smoke 15 15
: Fireworks 6 6
: Forgery 0 0
: Found Property 5 5
: Fraud 6 6
: Harassment 0 0
: Hit & Run 3 3
: Identity Theft 0 0
: Indecent Exposure 0 0
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Page 3 of 5
Code : Description
Totals
: Insecure Premises 0 0
: Intoxicated Pedestrian 0 0
: Kidnapping 0 0
: Littering 0 0
: Loitering 4 4
: Lost or Stray Animal 26 26
: Lost Property 5 5
: Mental Health 3 3
: Missing Person 2 2
: Noise Complaint 6 6
: Open Container 0 0
: Order of Protection Violation 1 1
: Parking Complaint 21 21
: Possession of Alcohol 0 0
: Possession of Drugs 1 1
: Possession of Tobacco 0 0
: Privacy in Communications 2 2
: Prowler 1 1
: Public Assist 87 87
: Public Safety Complaint 7 7
: Public Works Call 29 29
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Page 4 of 5
Code : Description
Totals
: Report Not Needed 11 11
: Robbery 0 0
: Runaway Juvenile 0 0
: Sexual Assault 1 1
: Suicide 0 0
: Suicide - Attempt 1 1
: Suicide - Threat 1 1
: Suspicious Activity 102 102
: Suspicious Person 12 12
: Theft 33 33
: Threats 15 15
: Tow Call 0 0
: Traffic Accident 12 12
: Traffic Hazard 9 9
: Traffic Incident 17 17
: TRO Violation 0 0
: Truancy 0 0
T/S : Traffic Stop 170 170
: Unattended Death 0 0
: Unknown - Converted 0 0
: Unlawful Transactions w/Minors 0 0
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Page 5 of 5
Code : Description
Totals
: Unlawful Use of Motor Vehicle 0 0
: Vicious Dog 2 2
: Warrant 15 15
: Welfare Check 19 19
Totals 1034 1034
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File Attachments for Item:
4. Fire Department Monthly Report - October 2021.
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Calls Hours
2 88
3 32
Extrications 5 51
Other Rescues
6 27
Public Assist
Medical Assist 5 29
Other calls 2 11
23 Totals 238
Fire Prevention
Total Training 285
Total Maintenance 50
Total 573
Laurel Fire Department
Community Service
Oct-21
Announcements:
Alarms
Wildland Fires
Report for the Month of
Structure Fires
Structure Firefighting
Conduct all levels of Structure Firefighting to include entry and attack, ventilation, salvage,
overhaul, and investigation.
A structure fire is a fire involving the structural components of various types of residential,
commercial or industrial buildings.
Wildland Firefighting
Wildfire,brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire.
Extrications
Rescue victims entrapped in automobiles, machinery, farm equipment, buildings, and trenches.
Other Rescues
Rope Rescue, Water Rescue, Ice Rescue
Alarms
Any false alarms or malfunctions.
Other Calls
EMS assist, Industrial or Aircraft firefighting, Vehicle Fire, Hazmat, Spills, Public safety,
Investigations, gas leaks, Carbon Monoxide problems, etc.
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File Attachments for Item:
5. Building Department Monthly Report - October 2021.
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Oct-21 Year to Date 2021
Amnt Valuation Amnt Valuation
New Construction New Construction
1 Single family 0 $0 1 Single family 0 $0
2 Duplex 0 $0 2 Duplex 0 $0
3 Multi-Family 0 $0 3 Multi-Family 0 $0
4 Hotel/Motel 0 $0 4 Hotel/Motel 0 $0
5 Commercial 1 $360,000 5 Commercial 4 $2,110,466
6 Garage/Carport 0 $0 6 Garage/Carport 5 $114,506
7 Mobile Home 0 $0 7 Mobile Home 13 $189,300
Total New:1 $360,000 Total New:22 $2,414,272
Remodel and Additions Remodel and Additions
8 Residential 2 $8,200 8 Residential 10 $141,216
9 Commercial 0 $0 9 Commercial 6 $192,121
10 R. Fence/Roof/Siding 10 $61,547 10 R.Fence/Roof/Siding 88 $701,083
11 C.Fence/Roof/Siding 0 $0 11 C.Fence/Roof/siding 10 $171,617
12 Sign/Temp Structure 0 $0 12 Sign/Temp Structure 16 $117,736
Total R & A 12 $69,747 Total R & A 130 $1,323,774
Grand Total:13 $429,747 Grand Total:152 $3,738,046
CITY OF LAUREL BUILDING DEPARTMENT MONTHLY REPORT
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File Attachments for Item:
8. Special Council Workshop Minutes of August 30, 2021.
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File Attachments for Item:
9. Council Workshop Minutes of September 21, 2021.
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File Attachments for Item:
10. Budget/Finance Committee Minutes of September 28, 2021.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, September 28, 2021
Members Present: Richard Klose Scot Stokes
Others Present: Thomas C. Nelson, Mayor
The meeting was called to order by the Council Member Scot Stokes at 5:30pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all
comments are welcome, the committee will not take action on any item not on the agenda.
There was no public input.
General Items –
1. Review and approve the September 14, 2021 Budget and Finance Committee meeting minutes.
Richard Klose moved to approve the minutes of the September 14, 2021 Budget and Finance
Committee meeting. Scot Stokes seconded the motion, all in favor, motion passed 3-0.
2. Review and Approve purchase requisition – Nathan Herman presented a purchase requisition for
a new compact loader for the sewer department. This compact loader will be replacing a 1980’s
piece of equipment. The compact loader is half the size of a regular loader. Nathan did get three
quotes, and all three are attached to the request. Scot Stokes moved to approve the purchase
requisition for the compact loader for the sewer plant. Richard Klose seconded the motion, all in
favor, motion passed 3-0.
3. Review and Approve purchase requisition – Nathan Herman presented a purchase requisition for
a replacement actuators for the water department. These actuators are replacing 1980’s
equipment as well. Scot Stokes moved to approve the purchase requisition for the replacement
actuators for the water plant. Richard Klose seconded the motion, all in favor, motion passed 3-
0.
4. Review and approve the January 2021 month end report. The Committee review the January
2021 month end report and had no questions or comments. Scot Stokes made a motion to
approve the January 2021 month end report. Richard Klose seconded the motion, all in favor,
motion passed 3-0.
5. Review and approve the February 2021 month end report. The Committee review the February
2021 month end report and had no questions or comments. Scot Stokes made a motion to
approve the February 2021 month end report. Richard Klose seconded the motion, all in favor,
motion passed 3-0.
6. Review and approve the January 2021 Financial report. The Committee review the January 2021
Financial report and had no questions or comments. Scot Stokes made a motion to approve the
January 2021 Financial report. Richard Klose seconded the motion, all in favor, motion passed
3-0.
7. Review and approve the February 2021 Financial report. The Committee review the February
2021 Financial report and had no questions or comments. Scot Stokes made a motion to approve
the February 2021 Financial report. Richard Klose seconded the motion, all in favor, motion
passed 3-0.
8. Review and approve the August 2021 Utility Billing Adjustments. The Committee reviewed the
August 2021 Utility Billing Adjustments and had no questions or comments. Scot Stokes made a
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motion to approve the August 2021 Utility Billing Adjustments. Richard Klose seconded the
motion, all in favor, motion passed 3-0.
9. Review and recommend approval to Council, Claims entered through 09/24/2021. The claims
and check register had previously been reviewed by the Committee. Scot Stokes made a motion
to approve the claims entered through 09/24/2021. Richard Klose seconded the motion, all in
favor, motion passed.
10. Review and approve Payroll Register for pay period ending 09/19/2021 totaling $204,606.49.
Scot Stokes made a motion to recommend approval of the payroll register for pay period ending
09/19/2021 totaling $204,606.49. Richard Klose seconded the motion, all in favor, motion
passed.
New Business – None
Old Business – None
Other Items –
11. Review the Pay Period Ending 09/19/2021. There were no comments or questions regarding the
reports.
12. Clerk/Treasurer Update – The Clerk/Treasurer was not in attendance, and there was no update
provided.
13. Mayor Update – The Mayor did not provide an update.
Announcements –
14. The next Budget and Finance Committee meeting will be held on October 12, 2021 at 5:30pm.
15. Emelie Eaton will be reviewing claims for the next meeting.
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
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File Attachments for Item:
11. Budget/Finance Committee Minutes of October 12, 2021.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, October 12, 2021
Members Present: Emelie Eaton Richard Klose Bruce McGee
Others Present: Bethany Langve, Clerk/Treasurer
The meeting was called to order by the Committee Chair at 5:30pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all
comments are welcome, the committee will not take action on any item not on the agenda.
There was no public input.
General Items –
1. Review and Approve purchase requisition – The Clerk/Treasurer presented a purchase
requisition for replacement keyless locks at City Hall. The Committee asked how long this
system is intended to last. The Committee also wanted to know when the current keyless lock
system was originally installed. The Clerk/Treasurer stated she would get the answers for the
next meeting. She also stated there would be future quotes for the sewer and water plant.
Emelie Eaton made a motion to approve the purchase requisition for the replacement keyless
lock system for City Hall. Bruce McGee seconded the motion, all in favor, motion passed 3-0.
2. Review and approve the September 2021 Utility Billing Adjustments. The Committee reviewed
the September 2021 Utility Billing Adjustments and had no questions or comments. Emelie
Eaton made a motion to approve the September 2021 Utility Billing Adjustments. Richard Klose
seconded the motion, all in favor, motion passed 3-0.
3. Review and recommend approval to Council, Claims entered through 10/08/2021. The claims
and check register had previously been reviewed by the Committee. There were no questions or
comments regarding the claims. Emelie Eaton made a motion to approve the claims entered
through 10/08/2021. Bruce McGee seconded the motion, all in favor, motion passed.
4. Review and approve Payroll Register for pay period ending 10/03/2021 totaling $215,092.68.
Emelie Eaton made a motion to approve the payroll register for pay period ending 10/08/2021
totaling $215,092.68. Bruce McGee seconded the motion, all in favor, motion passed.
New Business – None
Old Business – None
Other Items –
5. Clerk/Treasurer Update – The Clerk/Treasurer stated the audit had to be rescheduled due to her
absence. At this time, she did not know when it would be rescheduled.
6. Mayor Update – The Mayor did not provide an update.
Announcements –
7. The next Budget and Finance Committee meeting will be held on October 26, 2021 at 5:30pm.
8. Richard Klose will be reviewing claims for the next meeting.
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Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
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File Attachments for Item:
12. Budget/Finance Committee Minutes of October 26, 2021.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, October 26, 2021
Emelie Eaton, Committee Chair
Members Present: Emelie Eaton Richard Klose Scot Stokes
Others Present: Bethany Langve, Clerk/Treasurer
Michelle Mize, Elected Ward 2b Council Member
The meeting was called to order by the Committee Chair at 5:32pm.
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all
comments are welcome, the committee will not take action on any item not on the agenda.
There was no public input.
General Items –
1. Review and approve the September 28, 2021 Budget and Finance Committee meeting minutes.
Richard Klose moved to approve the minutes of the September 28, 2021 Budget and Finance
Committee meeting. Scot Stokes seconded the motion, all in favor, motion passed 3-0.
2. Review and approve the October 12, 2021 Budget and Finance Committee meeting minutes.
Scot Stokes moved to approve the minutes of the October 12, 2021 Budget and Finance
Committee meeting. Richard Klose seconded the motion, all in favor, motion passed 3-0.
3. Review and approve purchase requisition from the Planning and Building Departments for the
purchase of Municity Software program. The Clerk/Treasurer presented a letter from Planning
Director, Nick Altonaga, regarding the need for the software. This software program would
streamline, standardize departmental operations, and provide transparency for the public. The
Committee was very excited about this software purchase. The Clerk/Treasurer explained the
purchase of Municity was a budgeted item in the current budget, and the cost was split between
the Planning budget and the Building Department budget. Scot Stokes made a motion to approve
the purchase requisition from the Planning and Building Departments for the purchase of
Municity Software program. Richard Klose seconded the motion, all in favor, motion passed 3-0.
4. Review and Approve purchase requisition from Chief Langve for upgraded keyless locks at the
Fire, Ambluance and Police (FAP) building. The Clerk/Treasurer presented am email from the
Chief of Police. The Committee did not have any questions or comments regarding the purchase
requisition. Emelie Eaton made a motion to approve the purchase requisition from Chief Langve
for the upgraded keyless locks at the FAP building. Richard Klose seconded the motion, all in
favor, motion passed 3-0.
5. Review and recommend approval to Council, Claims entered through 10/22/2021. The claims
and check register had previously been reviewed by the Committee. There were no questions or
comments regarding the claims. Richard Klose made a motion to approve the claims entered
through 10/22/2021. Scot Stokes seconded the motion, all in favor, motion passed 3-0.
6. Review and approve Payroll Register for pay period ending 10/12/2021 totaling $211,600.29.
Emelie Eaton made a motion to approve the payroll register for pay period ending 10/12/2021
totaling $211,600.29. Scot Stokes seconded the motion, all in favor, motion passed 3-0.
New Business – None
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Old Business –
7. The Committee reviewed the Claims Review Schedule for accuracy. There were no issues, and
the schedule was determined to be accurate.
Other Items –
8. Clerk/Treasurer Update – The Clerk/Treasurer stated the audit has not been rescheduled yet. She
shared the Fiscal Year 2021 septic hauling revenues with the Committee. The Committee was
pleased with the year end revenues for the septic hauling.
9. Mayor Update – The Mayor was not in attendance, as he was still ill.
Announcements –
10. The next Budget and Finance Committee meeting will be held on November 9, 2021 at 5:30pm.
11. Bruce McGee will be reviewing claims for the next meeting.
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
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File Attachments for Item:
13. Resolution No. R21-118: 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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R21-118 Local 303 Union Agreement MOU Animal and Parking Officer Probation Wage Waiver
RESOLUTION NO. R21-118
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 November 9, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 9th day of November 2021.
APPROVED by the Mayor this 9th day of November 2021.
CITY OF LAUREL
______________________________
Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
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R21-118 Local 303 Union Agreement MOU Animal and Parking Officer Probation Wage Waiver
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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1
MEMORANDUM OF UNDERSTANDING
The City and Union enter into a Memorandum of Understanding (“MOU”) for the limited
purpose of a one-time agreement to waive a provision of the CBA that requires a newly hired
employee to be paid $1.00 less than the negotiated base rate for the City’s one-year probation
period specifically Section 5 of Addendum B of the CBA.
WHEREAS, the Parties, City and Union, have negotiated an existing contract (CBA) that
provides a reduced base wage for new hires; and
WHEREAS, the Parties negotiated the reinstatement of a previous position known as the
Animal Control/Parking/Code Enforcement Officer Position into the CBA; and
WHEREAS, the City selected a qualified applicant for the position who is currently a
member of the union and a long time City employee; and
WHEREAS, the selected employee has worked for the City, successfully, for over twenty
years and the $1.00 reduction in salary for a year would constitute a hardship for the employee
since the position’s base salary is substantially less than the current position the employee is
leaving to accept the new position; and
WHEREAS, both Parties have considered the issue and have determined it is in both their
best interests to enter into this MOU for the purpose of memorializing a one-time waiver of a
provision of the CBA as provided herein.
BASED on the recitals, the City and Union agree as follows:
1. The Parties intend this MOU as a one-time agreement and have no intention to
permanently amend or modify the existing MOU.
2. The Parties agree that for the employee hired as the Animal Control/Parking/Code
Enforcement Officer Position, Section 5 of Addendum B of the CBA, is hereby waived. The
employee will be paid 100% of the base wage provided in the CBA rather than the $1.00 less as
provided therein. The Probation Period contained in the CBA remains unchanged and
applicable.
3. The Parties acknowledge and agree that the waiver provided herein constitutes a one-
time agreement and shall have no further force and effect on any other part of provision of the
existing CBA and shall not constitute an intended or enforceable past practice on either Party’s
behalf.
4. The Parties agree that they are not altering, changing or modifying the existing CBA
in any manner, and that all provisions of the CBA shall remain in full force and effect
notwithstanding the existence of this MOU.
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2
Dated this__________day of_________________, 2021
__________________________________
Authorized City Signature/City Mayor
Dated this__________day of_________________, 2021
__________________________________
Union President
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File Attachments for Item:
14. Resolution No. R21-119: 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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R21-119 Laurel American Legion Post #123 Lease Agreement: Parking Lot
RESOLUTION NO. R20-119
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 November 9, 2021 by Council
Member _______________.
PASSED and APPROVED by the City Council of the City of Laurel this 9th day of
November 2021.
APPROVED by the Mayor this 9th day of November 2021.
CITY OF LAUREL
______________________________
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:
15. Resolution No. R21-120: A Resolution Of The City Council Authorizing The Removal Of
Former Mayor, Thomas C. Nelson, From All City Accounts And Adding Newly Elected Mayor,
Dave Waggoner, To All Such Accounts.
160
R21-120 Authorize Removal Mayor Nelson from City Accounts
RESOLUTION NO. R21-120
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE REMOVAL OF
FORMER MAYOR, THOMAS C. NELSON, FROM ALL CITY ACCOUNTS AND
ADDING NEWLY ELECTED MAYOR, DAVE WAGGONER, TO ALL SUCH
ACCOUNTS.
WHEREAS, the City Mayor’s (Mayor Thomas C. Nelson) passing has resulted in the
City Council’s appointment of an acting Mayor to finish Mayor Nelson’s term until January 3,
2022 when the newly elected Mayor will be sworn into office; and
WHEREAS, the City Mayor’s passing, prior to the end of his term, requires the City to
remove Mayor Thomas C. Nelson’s name from all City accounts, while adding the newly
elected Mayor, Dave Waggoner, to all City accounts, after he is sworn into office January 3,
2022.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana that the City Clerk/Treasurer is hereby authorized to remove former Mayor Thomas
C. Nelson from all City accounts and shall be replaced with newly elected Mayor, Dave
Waggoner, after he is sworn into office on January 3, 2022.
Introduced at a regular meeting of the City Council on November 9, 2021, by Council
Member _________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 9th
day of November 2021.
APPROVED by the Mayor this 9th day of November 2021.
CITY OF LAUREL
______________________________
Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
161