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HomeMy WebLinkAboutCouncil Workshop Minutes 11.02.2021MINUTES CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, NOVEMBER 02, 2021 A Council Workshop was held in Council Chambers and called to order by Council President Eaton at 6:30 p.m. on November 2, 2021. COUNCIL MEMBERS PRESENT: _x_ Emelie Eaton _x_ Heidi Sparks x Bruce McGee x Richard Herr x Scot Stokes x Iry Wilke x Richard Klose Don Nelson OTHERS PRESENT: Nick Altonaga, Planning Director Kurt Markegard, Public Works Director Stan Langve, Police Chief Bethany Langve, Clerk/Treasurer Matt Smith, KLJ Public Input: Council President Eaton read into the record the attached public comment from Carol Blades of 1809 DeNittis Lane. 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. Stan Langve, Police Chief, stated as he was getting Code Enforcement Officer Sauter up and running, he noticed the contract really didn't fit this situation. To move retirement systems, he needed to retire for one day to move into the bid position. A new hire has a 1 -year probation. He spoke with the City Attorney, who suggested that given the uniqueness of this situation, it is unnecessary to need 365 days; 30 days would be sufficient. The language is for this one position this one time and will not set a precedence in the future. 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. Council Member Klose stated that he is a Council Member and a member of the America Legion Post #123. He will not be speaking or voting on this matter. Ken Olson, 1702 Groshelle Boulevard, briefly described the parking situation up at the cemetery when there is an event held at either cemetery. Many people park along the highway. This parking lot would be used for either cemetery. It is critical for the citizens of Laurel. Motion To Allow Council Member Sparks To Be Absent From The City Of Laurel For More Than Ten Days. (LMC 2.12.060) Council Member Sparks stated she would be out of the City for a few weeks. She would like Council's pennission to go. She will only be missing two Council meetings due to November having five Tuesdays. Council Issues 4. Discussion on Disbanding LURA/Ceasing the LURA Grant Program Recently Council had a presentation by Janet Cornish and Lanette Windmaker. During this presentation, there was a discussion about the LURA grants and what LURA would do if there were no grant programs. So this is a discussion about disbanding them and having Staff manage the TIF District. Leslie Atkins, 4100 McGirl Road in the Heights, I own the property of 217-221 W. Main Street here in Laurel. I have a question, does that mean that our taxes go back down? Because I pay an awful lot of extra taxes specifically to funds that LURA project. If that's going to be disbanded, does that mean my taxes are going to go down? It was clarified that any TIF District that is formed is not a raise in taxes. It is a rerouting of the taxes. Rather than going into the General Fund, they go into a TIF District Fund. Ms. Atkins, for the purpose of reuse in that district. With that, I would say my vote would be no. I've used TIF District funds to fix some of my exterior building to make that a way better building on the outside on the inside. And it's been a really wonderful program for me. And I realize that things have been twisted a little bit, and some of those funds were put in the wrong place, and people were allowed to use funds that weren't allowed to use funds. I understand that, but I hope that the program doesn't go away. Because it's been a great benefit to me. Peggy Miller, Laurel, I would say I would vote in favor of keeping the LURA. I think that it can be reevaluated and restructured and rules and guidelines written a little bit better and different. Also, some of the Council Members have indicated at times that they weren't really sure what the LURA program was for. So again, I think it was maybe a matter of miscommunication and rules and regulations not necessarily known to both the Committee and to the Council Members. We have been recipients of it. We have been in Laurel for 40 -years and have property in town and have put into the fund, and it has been a great resources. I think there are a lot of businesses that can benefit from it. And more so it really helps the town and the structure in the refurbishing and just the beautification. And so, I would encourage you to reevaluate this and keep the program and again just work more on the guidelines and the rules and regulations. Brandon Ellis, 221 W. Main Street, I own Dirty Paws of Montana, a small business. Being a new business, too, I would support these LURA funds; it would help people like me revitalize downtown and get small businesses up and going again. I understand some of the funds are misused. But if we just follow how it's supposed to be used, I think it would be helpful to revitalize the town. So me personally, if I had a vote, I would say keep LURA funding. Thank you. Ken Olson, 1702 Groshelle Boulevard, I have to admit I've been out of the loop for a while. But the idea that this would even be considered kind of shakes me up a little bit. The amount of improvements that this has brought to our community is really astounding. I can't say walking from all the way west to all the way east on Main Street where there hasn't been a major improvement. Partly due to the creation of the TIF District and the LURA Board. If there has been a problem with the LURA Board, an oversight committee may be needed, a couple of Council people and a couple of LURA people may open up that route of discussion between the LURA and the Council so that there can be further understanding of exactly what goes on between the LURA and the Council. The Council has the final say, but the LURA sure has a lot of important information to get forward. I stand with every business owner of this community who understands the importance of the LURA as it's been created. I certainly hope that you would be keeping it the way that it is. Thank you. Various Council Members voiced their opinions not to disband LURA but to rework the grant program as it has helped many businesses downtown. Council also expressed their interest in starting to offer low-interest loans as well. Council asked if Janet and Lanette could be invited back to do joint training with Council and LURA to help rework their programs. The Clerk/Treasurer will follow up on this request. Discussion on Downtown Parking Study Council President Eaton read into the record a public comment from Abbie Manley; see attached. Council President Eaton read into the record a public comment from Brandon Ellis; see attached. KLJ has been asked to put together information regarding a parking study. Matt Smith, KLJ, the project's scope will be to study the parking in the Central Business District. They will then make recommendations that are ADA compliant. It was clarified that the area being studied would be Alder Ave. to 8th Ave. This is an excellent use for TIF dollars. The TIF would pay for a large portion of this study as the TIF District ends at 5th Avenue. Leslie Atkins, 4100 McGirl, I own property from 217-221 W. Main Street. Parking, folks, it needed to be done a long time ago. A long, long time ago. I am really glad you guys are taking it up now as an official item to discuss. It needs to be done. We are killing our small businesses. I own, I got two small businesses in my building now and eleven residential apartments. We simply do not have enough space. With the angled parking, it's perfect. And it works wonderfully; nobody was hurt. So I am glad KLJ is addressing our parking issues in the City. And I hope that the Council will stand up for that and stand up for our local businesses and residents of our Central Business District. Thank you. Brandon Ellis, 221 W. Main, I won Dirty Paws of Montana, one of the renters in Leslie's building. I fully support downtown parking, not even just on 3rd—all of downtown. I've lived in Laurel for about 15-16 years now. And I've always seen the parking downtown has been horrible for quite a while now. And I know speaking with other business owners, they have tried to bring it up, and it's kind of been brushed aside over the years. Hopefully, we can find a resolution and get the studies done. That email you read is actually the email I sent to all of you guys. That is just 200 signatures from Change.org that I didn't do any canvassing of town yet. But if I have to, I can, but we really need to parking resolved down there, especially because I have a lot of elderly and disabled customers. Being a dog groomer, I get some service dogs in there, and the elderly customers really can't park there anymore. So for free, I have actually started offering pick-up service for their dogs from the elderly communities because it's kind of dangerous having to get in and out of their cars down on those streets right now. Thank you for getting it on the agenda, and hopefully, we can keep working towards getting this resolution going. Thank you. Shannon Davis, I came here about a year ago. When we came here, my wife was blind. We have two young boys. First time we wintered here, there was snow pretty much everywhere. It was dangerous; it was icy, my wife was blind, she couldn't see her vision was on forward move. So I'm really making you guys put this into play considering the parking down there for the disabled. It means a lot and really how you guys follow through with it. Like I said with disabled people, businesses suffering because of the lack of parking. My wife tripping and falling last winter. That could have created a huge issue for the City, but we decided not to. Parking is vital; what Ms. Atkins did was a godsend, and to have that taken away, especially for those that are blind and those that can't walk, those that are in wheelchairs. I really hope you guys go through with it. And then it would be beneficial for everybody including businesses. Thank you. Brandon Ellis read a letter from Amanda Spring, 1015 1st Avenue; see attached. 6. Update On Clean -Up Efforts on Fir Avenue. Council questioned the progress on the development on Fir Avenue. Nick Altonaga, Planning Director, stated the developer Darrel Dyer is working with the owner of the lots, Jim Cotter, as they are under contract. They are cleaning up the property as a condition of annexation. Once the property is cleaned up, then they will move forward with annexation and the development. County Code Enforcement has been contacted to start to deal with it. 7. Update on IronHorse Subdivision - Has Building Begun Nick Altonaga, Planning Director, stated the developer has been building out the road. There have been no requests for hooks up to develop the lots at this time. Other Items 0 W. Railroad Update Bethany Langve, Clerk/Treasurer, stated that the City Attorney is drafting a letter to the State. In 2019 the City received a letter asking the City to state its intentions. This letter would let the State know the City will come up with the gap funding on the project. We are hoping to have this letter drafted by the end of the week. The Council President will sign, and it will get sent off. Right now, the States timeline is to begin the project in 2026. The State will dictate the timeline of this project. The City received $860,191.92 in the first half of the ARPA funds. It is up to the Council and Mayor what they would like to use these funds for. It can only be used for water and sewer improvements and must be used by a specific date. Also, in HB 1, the State did award $1 million to the City. It was payment for the intake and will need to be used for the water system. These monies will be held in a restricted account until the City is ready to use them. The auditors are aware of these monies. The City can use it towards the new water reservoir as it is part of the water system. The second half of ARPA funds will come in June 2022. It was questioned if those monies could be used toward a new water storage facility. Matt Smith, KLJ, stated they are currently working on a preliminary engineering report. They are putting together final cost estimates for that report. They hope to have that report completed in December. This report can be beneficial in applying for additional grant funding. Bethany Langve, Clerk/Treasurer, stated she strongly recommends paying off the intake loan with that million dollars. Water would only have one loan remaining. The others were paid off a while ago. ® Resolution to remove Thomas C. Nelson from all banking institutions. Bethany Langve, Clerk/Treasurer, stated next week Council would see a resolution removing Mayor Nelson from all of our banking institutions. She needs a resolution from Council to be able to do that. • Mayor Vacancy Council President Eaton briefly reviewed the attached memo from the City Attorney regarding filling the Mayor's vacancy. This will be on next week's agenda. There was a question on if the Council Member filling that role would then vacate their seat. The answer to that is no. On January 3rd° they would revert to their role on Council. Council would operate down one Council Member. Review of Draft Council Agendas 8. Draft Council Agenda of November 9, 2021. The resolution removing Mayor Nelson from all banking institutions and filling the Mayor's vacancy will be on next week's agenda. Attendance at Upcoming Council Meeting Council Member Wilke will be absent from next week's meeting. Announcements Mayor Nelson's funeral will be held Friday, November 5th at 11:00 a.m. A Council Member recently noticed the poor condition of the front of the building. They had thought it was going to be fixed. It was clarified that this summer Council approved a small service contract to fix the front of the building. The work is not scheduled to be done until March or April 2022. The next Park Board meeting is scheduled for November 4th at 5:30 p.m. in the Council Conference Room. Council offered their condolences to Mayor Nelson's family. The council workshop adjourned at 7:24 p.m. Respectfu fitted, Brittney Moorman Administrative Assistant NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. -Brittney Moorman From: Carol Blades <cblades41 @gmail.com> Sent: Monday, November 1, 2021 10:18 AM To: Brittney Moorman Subject: commendations for city council Attachments: commendation for city council.docx Hi Brittney, Attached is a letter I would like you to share with each City Council member. I think you can easily forward it to each of them but 1 do not know how. If you cannot forward it to each council member please let me know. Carol Blades "We cannot tell the precise moment when friendship is formed. As in filling a vessel drop by drop, there is at last a drop which makes it run over; so in a series of kindnesses there is at last one which mbmoormanakes the heart run over." I want to give two shout outs of appreciation to the Laurel City Counsel for several recent events they were key in bringing to fruition. First, after several years of collaboration with the Lions Club, a safe, lovely, and user friendly paved path has been installed around South Pond, at the Lion's Family Park. It is directly across the street from Laurel Gardens and the Laurel Senior Center. This is a 'visionary' gift to Seniors, walking is a key to good health and wellbeing, and an equally valued gift to Laurel families. Mom's and Dad's could easily push a stroller around this pond now, introducing even infants and toddlers to fresh air, bird life and movement in the great outdoors. Wheel chairs, walkers, all such devices could easily navigate this broad smooth walkway. Secondly, The Laurel City Counsel just tabled Northwestern Energy's request to rezone land along the Yellowstone for installation of a gas plant. They have basically said it is time for thoughtful input from various points of view, this is a massive decision that needs a substantial amount of community and statewide input. It is incredibly refreshing to see a small town city council stand up to a major corporation and pull in the reins on potentially disastrous plans. That is how representative government of the people and for the people is supposed to work. Brittney Moorman From: Abbie Manley <alfordsabitha@gmail.com> Sent: Tuesday, November 2, 2021 1:24 PM To: Brittney Moorman Good afternoon, My name is Abbie Manley. I have been a resident of Laurel for about 20 years. I would like to add my input on our continuing infrastructure issues. In particular I would like to speak on the parking issues down main street and 3rd Ave. It is fact that the city is growing and this area in particular has become congested. I lived on this corner in the apparment above Coburn Tax about 15 years ago and parking was an issue then. Now with the growth and restoration it has become horrible to try to park over there. The diagonal parking alleviated part of the problem, however the city reversed this. I understand that is the emergency services route. I would like an explanation why the city cannot simply use 2nd ave? Thank you for your time, Abbie Manley : �- From: Brandon Ellis <brandonellis1326@gmail.com> Sent: Monday, November 1, 2021 3:40 PM To: City Mayor; Ward 1A; Ward 1 B; Ward 2A; Ward 2B; Ward 3A; Ward 3B; Ward 4A; Ward 4B; Brittney Moorman; Bethany Langve; Laurel City Planner Subject: I am sharing 'signatures of support for parking' with you. Attachments: signatures of parking.pdf This is the current list of signatures gained on Change.org of those who support working together to find solutions to this problem of lack of downtown parking and also easy parking access downtown for the disabled and/or elderly. I am sending you this as support for the workshop meeting on 11/2 discussing a possible parking/traffic study. Name City State Postal Codi Country Signed On Brandon Ellis Laurel MT 59044 US ######## Ellyn Williams Laurel MT 59044 US ######## Maria Custodio Laurel MT 59044 US ######## Abbie Manley Laurel MT 59044 US ######## Eric Calhoun Laurel MT 59944 US ######## Karisma Kaufman Bozeman MT 59718 US ######## Lorrie Krell Billings MT 59101 US ######## Justine Degele Billings MT 59102 US ######## Leslie Atkins Laurel MT 59044 US ######## Chad Degele laurel MT 59044 US ######## Cameron Degele Billings MT 59106 US ######## Jessica Cummings Billings MT 59105 US ######## Olivia Grimes Billings MT 59106 US ######## Peggy Forsberg Billings MT 59044 US ######## Nelson Bailey Laurel MT 59044 US ######## Shawn Bradshaw Billings MT 59102 US ######## Christopher Smith Laurel MT 59044 US ######## Marcia ketchem Laurel MT 59044 US ######## Tanya Freeman Laurel MT 59044-282, US ######## Shannon Williams Laurel MT 59044 US ######## Jaymegirl_2020 Isaacson Laurel MT 59044 US ######## David Newton Laurel MT 59044 US ######## Ben Lyons Laurel MT 59044 US ######## Trisha Baker Laurel MT 59044 US ######## Katrina welch Laurel MT 98271 US ######## Pamela Wallace Laurel MT 59044 US ######## Mariah Bass Laurel MT 59044 US ######## Timothy Mark Smith Laurel MT 59o44 US ######## Dawn Kuper Billings MT 59105 US ######## Mykal Willoughby Billings MT 59101 US ######## Charles Robert Laurel MT 59044 US ######## Connie Dolman Park City MT 59063 US ######## Renee Melle Billings MT 59944 US ######## Lindsey Farnsworth laurel MT 59044 US ######## Franco Carlo NY US ######## JON INWOOD Brooklyn NY 11230 US ######## Greg Schreiner Laurel MT 59044 US ######## David Ligon Salinas 93907 US ######## Austin Ward Corvallis OR 97330 US ######## Sarah Kuhr Billings MT 59044 US ######## Becky Vandyke Laurel MT 59044 US ######## Shaynna Threefingers Laurel MT 59044 US ######## Ashley Winchell Billings MT 59102 US ######## Kathleen Linger Laurel MT 59044 US ######## Amanda Spring Laurel MT 59044 US ######## Karl Worthen Laurel MT 92782 US ######## Jennifer Schessler Laurel MT 59044 US ######## Harold Mesenbrink Laurel MT 59044 US ######## Dianne Boren Laurel MT 59044 US ######## Sydnie Bieber Laurel MT 59044 US ######## Ian Logan Park City MT 59063 US ######## Billielo Hutchinson Laurel MT 59044 US ######## Krystal Cocho Laurel MT 59044 US ######## Colton Salo Laurel MT 59044 US ######## Kirsten Cormier Laurel MT 59044 US ######## V. Ardell Bessler Laurel MT 59044 US ######## Joseph Shaw Billings MT 59102 US ######## Heather Wilson Billings MT 59102 US ######## Denette Jacobson Park City MT 59063 US ######## Melissa Bautista Billings MT 59102 US ######## Alvina Hernandez Hernandez Burlington WY 82411 US ######## Miguel Hernandez Billings MT 59106 US ######## Krystal Maerling Laurel MT 59044 US ######## Danielle Bogunovich Billings MT 59105 US ######## F1uffy4 Memez Fontana 92336 US ######## Debbie Huskinson Laurel MT 59044 US ######## Ken Miller Laurel MT 59044 US ######## Peggy Miller Laurel MT 59044 US ######## Christopher LeDuc Billings MT 59105 US ######## Carla Harmon Laurel MT 59044 US ######## Jaymi Van Rooyen Billings MT 59102 US ######## Jodie Drange Laurel MT 59044 US ######## Donna Godwin Billings MT 59101 US ######## madi achten Laurel MT 59044 US ######## Anne Heiser Laurel MT 590 US ######## Rachel Patterson Laurel MT 59044 US ######## Keith Carpenter Billings MT 59101 US ######## Larry Gibson Billings MT 59102 US ######## Jocelyn Krum Billings MT 59102 US ######## Casey Huskinson Laurel MT 59044 US ######## Sheila Roberts Laurel MT 59044 US ######## Claudine Farrar Hardin MT 59034 US ######## Adam Kaluba Burleson TX 76028 US ######## Joshua Lewis Garland 75040 US ######## Shelly Yarbrough Billings MT 59102 US ######## Diane Kraft Laurel MT 59044 US ######## Pearl Spooner Billings MT 59105 US ######## Steve Lavely Laur MT 59044 US ######## Alicia Wold Laurel MT 59044 US ######## Jessica Smith Absarokee MT US ######## Rhonda Miller Laurel MT 59044 US ######## Jesse Melvin Billings MT 59106 US ######## Miranda Helzer Billings MT 59102 US ######## Dionna Rudd Dallas 30132 US ######## Rylee Johnson Laurel MT 59044 US ######## Natalia Souza Alexandria VA 22314 US ######## Carter Frank Southbury 6488 US ######## Andrew Cummings Billings MT 59105 US ######## Joe Broere Laurel MT 59044 US ######## Sara Romero Laurel MT 59044 US ######## Jennifer Haq Alexandria MN 56308 US ######## Catherine Farnes Laurel MT 59044 US ######## Charity Watkins Billings MT 59102 US ######## daniella preudhomme Miami 33187 US ######## dianne lievens moving to Laurel soon FL 32162 US ######## Rosa Broere Laurel MT 59044 US ######## Patty Knopp Laurel MT 59044 US ######## Becky Giudice Worland WY 82401 US ######## Shelley Wold Laurel MT 59044 US ######## Diane Oversen Laurel MT 59044 US ######## Dani Stringer Laurel MT 59044 US ######## David Wegner Chicago IL 60612 US ######## Peggy LeBrun Bozeman MT 59718 US ######## Jeremy Lavold Laurel MT 59044 US ######## Patrick Trainor Billings MT 59102 US ######## Ashton Baggett Brandon 39042 US ######## Karen Anderson Laurel MT 59044 US ######## Chris Green Atlanta 30309 US ######## Dana Burgess Laurel MT 59044 US ######## Jeremiah Johnson Laurel MT 59044 US ######## Dianna Walker Billings MT 59102 US ######## Chelsey Stein Billings MT US ######## davido draco Irvington 7111 US ######## Kelly Hazen Billings MT 59102 US ######## Liam Miller Helena MT 59602 US ######## alyson early Billings MT 59106 US ######## Shanna Fredrickson Billings MT 59101 US ######## Chuck PLATT Billings MT 59102 US ######## Sara Wiggins Forsyth MT 59327 US ######## Stephanie Beal Billings MT 59102 US ######## Jason Wold Billings MT 59102 US ######## Kimberly Pinter Detroit MI 48234 US ######## Anna Anderson Billings MT 59102 US ######## Melissa Wood Billings MT 59102 US ######## Linda Lane Laurel MT 59044 US ######## Lori Mendenhall Laurel MT 59044 US ######## michaella grauberger billings MT 59106 US ######## Cassandra Kelly Billings MT 59101 US ######## Scott Nagel Laurel MT 59044 US ######## Fran Bonogofsky Billings MT 59102 US ######## Darci Colbrese Billings MT 59102 US ######## Tracy Barndt Billings MT 59102 US ######## Sheya Askin Syracuse UT 84075 US ######## Deborah Allen Billings MT 59102 US ######## Joshua Haase Minneapolis 58413 US ######## Sophia Arebalo EI Paso 79936 US ######## Latasha Burns US ######## Hunter Hensley Cincinnati 48221 US ######## Richard Woodson Port Clinton 43452 US ######## Nolan Krimpenfort Mason 45040 US ######## Douglas Batista Aurora 80013 US ######## Faith Jewett Laurel MT 59044 US ######## Akeish Douglas Marietta 30008 US ######## Connie Phillips Robins IA 52328 US ######## Andre Gabriel jr Charlotte 28215 US ######## Holee Miller Denver CO 80211 US ######## Patty Smith Laurel MT 59044 US ######## Amanda Anderson Laurel MT 59044 US ######## Dianne Flack Laurel MT 59044 US ######## Laura Moore string:LAUREL MT 59044 US ######## Desiree Irwin Park city MT 59063 US ######## Paige Farmer Billings MT 59102 US ######## Madalyn Ostwalt Laurel MT 59044 US ######## Rhoda Hoffman Billings MT 59105 US ######## Debbie Jensen Billings MT 59101 US ######## Jess Piper LAUREL MT 59044 US ######## Aubrey Rode Billings MT 59106 US ######## Amarra Kuiper Otsego 49078 US ######## Marcia Bray Laurel MT 59044 US ######## Sherri Knaub-Krant Laurel MT 59044 US ######## Mercedes Jenkins Atlanta 30331 US ######## marc perdomo Port isabel 78578 US ######## Andy Wang Los Angeles 90057 US ######## Swann Rice Billings MT 59102 US ######## Scott Snowden Laurel MT 59044 US ######## Ada Hodge Groves TX 77619 US ######## Valana Morris Des Moines 50310 US ######## Amanda Spring 1015 151 Ave Apt 1 Laurel Mt 59044 702-468-6466 Passion4makeup86@gmail.corn To whom it may concern, My name is Amanda and I have lived in Laurel since 2013. 1 believe that downtown is way over do for some major parking upgrades! We need to move forward with traffic and parking studies down town. In 20131 lived in an apartment downtown and parking was so hard to come by. I can't imagine what it's like for some of our older community living and shopping down town. It's hard for businesses to draw in customers, no one wants to fight for parking. 1 really hope the city puts this high on the list of priorities! Thank you, Amanda Spring CITY HALL kv%0 115W. IST ST. %,ity Or' Laurel MAYOR OFC.: 628-8456 PUB. WORKS: 628-4796 WATER OFC.: 628-7431 P.O. Box 10 COURT: 628-1964 Laurel, Montana 59044 FAX 628-2241 MEMORANDUM To: City Council Members From: Sam S. Painter, City Attorney Date: November 1, 2021 Re: Succession Procedure Mayor Vacancy Office of the City Attorney In response to Mayor Nelson's passing, I am writing to advise you that there is a procedure to follow under these circumstances to ensure the City's ability to govern, function and provide services. City Ordinance ("LMC") and Montana law ("MCA") contain virtually identical provisions for the City Council to follow to temporarily resolve the situation presented. The LMC provides that an office is vacant if the death of the incumbent happens prior to the expiration of his/her term. LMC 2.12.060. Upon such a vacancy, the City Council shall, by a majority vote of the members, appoint a person within thirty days to hold the office until his/her successor is elected and qualified. LMC 2.12.070. Mayor Nelson's term was set to expire on the First Monday of January after the election or January 3, 2022. There are approximately sixty days remaining in Mayor Nelson's term that need to be filled. I suggest the City Council consider filling the remainder of Mayor Nelson's Term with a present Council Member who is willing to serve as Mayor until the Mayor elected in tomorrow's election is sworn into office at the City Council Meeting on January 4, 2022. If the City Council decides to fill the vacancy, it shall by a majority vote at the next regularly scheduled meeting, appoint a Mayor. The next regular meeting is scheduled for November 9, 2021. 1 suggest the City Council place an agenda item on next week's agenda entitled "Appointment of Mayor to fill Vacancy." On November 9, 2021, the City Council can by nomination and majority vote, approve the appointment of a Mayor to serve Mayor Nelson's remaining term. ,Since fy Sam S. Painter