HomeMy WebLinkAboutCouncil Workshop Packet 08.16.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, AUGUST 16, 2022
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the
public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
1. Motion to allow Council Member Klose to be absent from the City of Laurel for more than ten
days. (LMC 2.12.060)
2. Appointment of Casey Wheeler to the Board of Health for the remainder of a three-year term
ending December 31, 2024.
3. Appointment of Jodi MacKay to the Laurel Urban Renewal Agency for a four-year term ending
December 31, 2025.
Executive Review
4. Resolution - Resolution Approving A Memorandum Of Understanding By And Between The
City Of Laurel And Local Union Local 303, American Federation Of State, County, And
Municipal Employees, AFSCME
5. Resolution - Resolution Approving The Encroachment Permit By And Between The Billings
Bench Water Association And The City Of Laurel
6. Resolution - Resolution Approving Agreement Regarding School Resource Officer Program
By And Between The City Of Laurel And Laurel Public Schools, District 7 & 7-70
7. Ordinance - An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal
Code Relating To The Adoption And Enforcement Of Building Codes For The City Of Laurel
As Required By The State Of Montana
Council Issues
8. Police Commission Oversight Committee Discussion
9. Budget Update
Other Items
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 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 St reet, Laurel, Montana.
DATES TO REMEMBER
1
File Attachments for Item:
2. Appointment of Casey Wheeler to the Board of Health for the remainder of a three-year term
ending December 31, 2024.
2
3
File Attachments for Item:
3. Appointment of Jodi MacKay to the Laurel Urban Renewal Agency for a four-year term
ending December 31, 2025.
4
5
File Attachments for Item:
4. Resolution - Resolution Approving A Memorandum Of Understanding By And Between The
City Of Laurel And Local Union Local 303, American Federation Of State, County, And
Municipal Employees, AFSCME
6
R22-____ Approve MOU Related to Code Enforcement Officer
RESOLUTION NO. R22-_____
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND
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 Local Union 303, American Federation of State,
County, and Municipal Employees, AFSCME (hereinafter “the Union”) have an existing
Collective Bargaining Agreement (hereinafter “CBA”) in place which provides for set wages
and positions for Laurel Police Department Officers;
WHEREAS, the City and the Union previously negotiated the expansion of an existing
position known as the Animal Control/Parking/Code Enforcement Officer Position into the
CBA;
WHEREAS, the City and the Union wish to further expand this position to include
additional Code Enforcement rights and responsibilities, to assist the Planning Department in
enforcement of Laurel Municipal Code violations;
WHEREAS, the City and the Union selected a qualified applicant for the position who
is currently a member of the Police Department and the Union, who is a long-term City
employee, and who is already conducting Code Enforcement job duties;
WHEREAS, the selected employee has worked for the City, successfully, for over
twenty years and he is qualified for the expanded job duties in Code Enforcement;
WHEREAS, the expanded job duties necessitate increased compensation to reflect the
overall and increased job duties of the Animal Control/Parking/Code Enforcement Officer
Position;
WHEREAS, the City and the Union have negotiated a Memorandum of Understanding
(hereinafter “MOU”) between the City and the Union to address the expanded job duties and
compensation for the Animal Control/Parking/Code Enforcement Officer Position; and
WHEREAS, the City and the Union 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 the City or the Union’s behalf.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The MOU by and between the City of Laurel and the Union, a
copy attached hereto and incorporated herein, is hereby approved.
7
R22-____ Approve MOU Related to Code Enforcement Officer
Section 2: Execution. The Mayor is hereby given authority to execute the MOU on
behalf of the City.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
8
1
MEMORANDUM OF UNDERSTANDING
The City of Laurel (hereinafter “the City”) and Local Union Local 303, American
Federation of State, County, and Municipal Employees, AFSCME (hereinafter “the Union”) enter
into a Memorandum of Understanding (hereinafter “MOU”) for the limited purpose of expanding
the job description of an existing Laurel Police Department Officer, to include increased Code
Enforcement duties, as well as increase the wages offered for this position.
WHEREAS, the Parties, specifically the City and the Union, have negotiated an existing
contract (hereinafter “the CBA”) that provides for set wages and positions for Laurel Police
Department Officers; and
WHEREAS, the Parties previously negotiated the expansion of an existing position known
as the Animal Control/Parking/Code Enforcement Officer Position into the CBA; and
WHEREAS, the Parties wish to further expand this position to include additional Code
Enforcement rights and responsibilities, to assist the Planning Department in enforcement of
Laurel Municipal Code violations; and
WHEREAS, the City selected a qualified applicant for the position who is currently a
member of the Police Department and the Union, who is a long-term City employee, and who is
already conducting Code Enforcement job duties; and
WHEREAS, the selected employee has worked for the City, successfully, for over twenty
years and he is qualified for the expanded job duties in Code Enforcement; and
WHEREAS, the expanded job duties necessitate increased compensation to reflect the
overall and increased job duties of the Animal Control/Parking/Code Enforcement Officer
Position; and
WHEREAS, both Parties have considered the issue and have determined it is in both of
their best interests to enter into this MOU for the purpose of memorializing a one-time waiver of
any potentially-conflicting provisions of the CBA as provided herein.
BASED on the recitals, the City and the 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, as well as any potentially-
conflicting additional sections of the CBA, are hereby waived, and the expanded job duties
reflected in the attached Job Description (Exhibit A) will apply. The employee will be paid $19.00
per hour for his expanded job duties as Animal Control/Parking/Code Enforcement Officer.
9
2
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.
Dated this _____ day of August, 2022.
__________________________________
City Mayor, Dave Waggoner
Dated this _____ day of August, 2022.
__________________________________
Union President
10
File Attachments for Item:
5. Resolution - Resolution Approving The Encroachment Permit By And Between The Billings
Bench Water Association And The City Of Laurel
11
R22-____ Approve Encroachment Permit with the Billings Bench Water Association
RESOLUTION NO. R22-_____
RESOLUTION APPROVING THE ENCROACHMENT PERMIT BY AND
BETWEEN THE BILLINGS BENCH WATER ASSOCIATION AND THE CITY OF
LAUREL
WHEREAS, the Billings Bench Water Association owns and operates the BBWA Main
Canal, as reflected in the attached Encroachment Permit;
WHEREAS, the City of Laurel maintains a Main Water Line paralleling the BBWA
Main Canal for 300 feet, located in the BBWA right-of-way, described as “a strip of land 150
feet wide, 50 feet lying on the Northerly side, and 100 feet lying on the Southerly side of the
land more particularly described on the Encroachment Permit; and
WHEREAS, the Billings Bench Water Association has agreed to grant the City of
Laurel an Encroachment Permit to run, construct, repair, and maintain the City’s Main Water
Line, subject to the terms and conditions of the Encroachment Permit.
THEREFORE, the City Council of Laurel hereby accepts and approves the
Encroachment Permit by and between the Billings Bench Water Association and the City of
Laurel and authorizes the City of Laurel Mayor to take all necessary steps to ensure the
execution and proper recordation of the Encroachment Permit.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
12
R22-____ Approve Encroachment Permit with the Billings Bench Water Association
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
13
1
ENCROACHMENT PERMIT
THE BILLINGS BENCH WATER ASSOCIATION (BBWA) hereby quit
Claims to City of Laurel, 115 West 1st Street, Laurel, MT 59044 as (Permittees or
Grantee), revocable permission to:
A Right-of-Way Permit granted for permission to run, construct, repair and
maintain the Main Water Line paralleling the BBWA Main Canal for 300 feet, in
which is owned by said applicant, located in the BBWA right-of-way.
“A strip of land 150 feet wide, 50 feet lying on the Northerly side, and
100 feet lying on the Southerly side of the following described land:
Beginning at a point on the mid-section line of said Section 15 - Tnp 2N 24E - bearing South zero(0)degrees and
one(1) minute East a distance of twelve hundred and two and seven tenths (1202.7) feet from the mid-section corner
of Section 15; thence South seventy three (73) degrees, seventeen (17) minutes West a distance of four hundred and
seventeen and six tenths (417.6) feet, which point is four hundred (400) feet North, eighty nine(89) degrees fifty
seven (57) minutes West and thirteen hundred twenty two and seven tenths (1322.7) feet South, zero(0) degrees
one(1) minute East of the mid-section corner of Section 15.”
Subject to the following terms and conditions.
WHEREAS persons may not encroach upon or otherwise use or impair
BBWA’s Canal, or its primary or secondary easement, without obtaining approval
and an easement therefore:
1. PLANS AND SPECIFICATIONS OF ANY “ENCROACHMENT” or
DISTURBANCE” OR “PLACEMENT OF FACILITY”:
An “encroachment” or “disturbance” or “placement of facility” means the
construction or the placement, and any work associated therewith, of any
facility, including utility lines, pipes, pipeline, culverts, bridges, trees,
buildings, etc. over, across, on, under, through or near the BBWA’S canal,
laterals, embankment, or right-of-way thereof.
14
2
2. Any “encroachment”, “disturbance” or “placement of facility” by
“PERMITTEE”, over, across, under, on or near BBWA’s canal, laterals,
And embankment thereof, MUST BE DONE BETWEEN NOVEMBER 1, AND
APRIL 1, of each year, unless a specific written exception is granted by
BBWA. “PERMITTEE”, shall contact BBWA, at least twenty-four (24)
hours in advance of any actual “encroachment” “disturbance”, or
“placement of facility.”
On lateral crossings, BBWA requires using riprap and necessary
measures to insure that the soil integrity of the canal will not give away
or leak. All cuts in the laterals shall be lined with high swelling sodium
type bentonite such as is produced by Wyo-Ben Inc. or other impervious
material as agreed to by BBWA.
Final details of reclamation shall include:
Soil compaction per attached exhibits, surface restoration per
attached exhibits, and grass areas will be sodded. Final reclamation shall
be approved by BBWA prior to and after “PERMITTEE’S” “encroachment”
“disturbance” or “placement of facility”.
3. The installation of any culvert, bridge, fence, or any other “facility” will be
such as to allow BBWA access to cleaning and allow safe and efficient
operation, maintenance of its canals and laterals.
4. BBWA shall be entitled to use the road easement in the operation and
maintenance of its canal. The “Permittee” shall have right of access and
enjoyment of its easement under this agreement so long as such use and
enjoyment by “Permittee” does not interfere with the normal operation
and maintenance of BBWA’S canals and only so long as the encroachment
otherwise complied with the bylaws of BBWA as they may exist from time
to time.
5. The “Permittee”, will take necessary actions to insure that the easement
does not create a nuisance or hazard to the public, or that the easement
will not interfere with other utility easements.
6. The “Permittee” shall take necessary precautions to warn or prevent the
public from using BBWA’S easement, in a manner which might result in
harm or damage to BBWA’S canal, the “Permittee”, or the public including
the construction of a safety curb along the canal, and posting “No
Trespassing” signs along the canal.
15
3
7. The “Permittee” shall be responsible for the cleaning, and maintaining; of
any facility it constructs or places in BBWA’S canal or laterals.
“Permittee” shall be responsible for any damage associated with and
“encroachment”, disturbance”, or “placement of facility”, by
“PERMITTEE”. BBWA may, but has no duty to repair, replace or clean any
structure of “Permittee” and assess against the “PERMITTEE” the cost
thereof.
8. The “PERMITTEE”, and/or its contractors, shall provide BBWA with
Proof of insurance, prior to any “encroachment”, “disturbance”, or
placement of facility.”
9. The “PERMITTEE” shall pay to BBWA,
Five Thousand Five Hundred Sixty Dollars and NO/100 Dollars
($5560.00).
(Receipt of which is hereby acknowledged for this permit and easement)
BBWA’S general costs and expenses associated with this permit include a
review of “Permittee’s” plans, site inspection, development and operation of
this permit system, record keeping, on site inspection prior to, during and
after construction, and possible inconvenience and expense related to said
“encroachment”, “disturbance”, or “facility”, during future years of operation,
maintenance, and cleaning BBWA’S canals and laterals. If BBWA has to clean,
repair, or maintain any “encroachment”, “disturbance”, or facility, of
“PERMITTEE”, BBWA shall do so, and send the “Permittee” a bill for such
services.
10. “PERMITTEE” is liable for any consequential damages related to or
caused by “Permittee’s” “encroachment”, “disturbance”, or “facility”.
“Permittee” agrees to indemnify and hold harmless the BBWA from any
damages arising out of “PERMITTEES” “Encroachment”, “Disturbance” or
“Facility”. In accepting this PERMIT, The “permittee”, its/his successors
or assigns, agree to protect BBWA and save it harmless from all claims,
actions or damage of every kind and description which may accrue, to or
be suffered by, any person or persons, corporations or property by
reason of the performance of any such work, character of materials used
or manner of installations, maintenance and operation or by the
improper occupancy of said encroachment, and in case any suit and/or
action is brought against BBWA and arising out of, or by reason of, any of
the causes, the “PERMITTEE” its/ his successor assigns, will upon notice
to it/him of the commencement of such action defend the same at its/his
sole cost and expense and satisfy any judgment which may be rendered
against BBWA in any such suit or action.
16
4
11. In the event BBWA shall at any time in the future change the location or
elevation of its canal or lateral at the point above referred to,
necessitating any change in the location of the head gate, the cost of the
modifications shall be borne by the permittee.
12. Change or location of such buried line to meet the needs of the BBWA,
shall be borne by the “Permittee”.
13. In the event the BBWA in the enjoyment and operation of the irrigation
system, damages the buried line of the “Permittee”, that the “Permittee”
will not claim any damage from the BBWA except in such instances as the
damage is caused by the willful or gross negligence of the BBWA, its
representatives, contractors, agents or servants.
14. If BBWA owns less than the entire and undivided fee simple title in said
lands, then this easement applies only to the interest they have.
15. This Permit shall also be binding on any other successor or assignee of
the “Permittee”. THIS PERMIT SHALL RUN WITH THE LAND. Any
successor in interest of “Permittee” shall immediately be bound by the
terms of this agreement by any use of its benefits of the encroachment
permit.
16. If “Permittee” is a contractor, agent, or other representative for another
principal, city or county government, or any other person or entity, this
permit shall be binding on such principal, government, and such other
person or entity. This permit shall also be binding on any other successor
or assignee of the “Permittee” and such entity waives all defenses of
sovereign immunity, statutory, or constitutional rights of home rule.
17. In the event of a dispute over the terms and conditions of the Agreement,
The BBWA shall be entitled to its reasonable attorney’s fees and costs
from the “Permittee”, whether or not the same are incurred in connection
with any lawsuit.
18. The Permittee warrants that it is authorized to enter into this agreement
for and on behalf of all persons claiming an interest in this permit.
19. Each and every person using such permit shall by their use covenant and
agree to be bound by the terms hereof to the same extent as the
“Permittee”.
20. The Permit may not be assigned without written consent of BBWA.
17
5
Dated this _ ___day of ____, 20____.
BILLINGS BENCH WATER ASSOCIATION
By _____________________________
Jim Stott, President
STATE OF MONTANA
COUNTY OF YELLOWSTONE
On this _______day of _________________, 2022, before me, the undersigned,
Notary Public for the State of Montana, personally appeared Jim Stott,
known to me to be the President of Billings Bench Water Association, whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
___________________________
Notary Public for the State of Montana
(Printed name)___________________
Residing at ______________________
My commission expires ___________
18
6
I AGREE TO THE TERMS AND CONDITIONS OF THIS PERMIT:
By ______________________________
_______________________________
Title
STATE OF MONTANA
COUNTY OF YELLOWSTONE
On this _______day of _____________, 2022, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared ___________________
_________________, known to me to be the person whose name is subscribed on
this instrument and acknowledged to me that ______executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
_________________________________
Notary Public for the State of Montana
(Printed name) ___________________
Residing at _______________________
My commission expires _____________
19
7
20
INVOICE
Date
7/15/2022
Invoice #
47236
Bill To
City of Laurel
115 West 1st Strret
Laurel, MT 59044
BILLINGS BENCH
WATER ASSN.
P.O. BOX 50150
BILLINGS, MT 59105
406-259-6241
Due Date
8/14/2022
Account #
Phone #
406-259-6241
E-mail
bbwa@bresnan.net
Web Site
http://billingsbenchwater.vistaprintdigital.com
Total
Description Rate Amount
Right-of-Way Permit to run, construct, repair & maintain water line paralleling
BBW Main Canal for 300 feet
5,500.00 5,500.00
Recording Fees 60.00 60.00
Credit Cards Accepted - 3.29% of amount processed + $.10 transaction fee will be applied -
Please call for amount.
LATE FEES APPLIED AS FOLLOWS: 5% Penalty plus 50 cents adv charge and interest
charges at highest rate provided for under Montana Law.
Follow us on FACEBOOK @BillingsBenchWater
$5,560.00
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
File Attachments for Item:
6. Resolution - Resolution Approving Agreement Regarding School Resource Officer Program
By And Between The City Of Laurel And Laurel Public Schools, District 7 & 7-70
41
R22-____ Approve SRO Agreement
RESOLUTION NO. R22-_____
RESOLUTION APPROVING AGREEMENT REGARDING SCHOOL RESOURCE
OFFICER PROGRAM BY AND BETWEEN THE CITY OF LAUREL AND LAUREL
PUBLIC SCHOOLS, DISTRICT 7 & 7-70
WHEREAS, the City of Laurel (hereinafter “the City”) and the Laurel Public Schools,
District 7 & 7-70 (hereinafter “the District”) desire to maintain a cooperative and coordinated
approach to deterring and addressing criminal activity on school property and at District
sponsored events and activities;
WHEREAS, Montana law authorizes the District to contract with the City to have
municipal law enforcement provide a School Resource Officer (hereinafter “SRO”) and SRO-
related law enforcement services;
WHEREAS, Montana law further authorizes the District to levy for an appropriate
portion of the costs the City incurs in paying wages, providing benefits, and providing
transportation for law enforcement officers who are assigned to perform SRO duties in the
District; and
WHEREAS, the City and the District have agreed to an Agreement Regarding School
Resource Officer Program (hereinafter “SRO Agreement”), which is attached hereto and
incorporated herein.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The SRO Agreement by and between the City of Laurel and the
District, a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the SRO
Agreement on behalf of the City.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
42
R22-____ Approve SRO Agreement
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
43
AGREEMENT REGARDING
SCHOOL RESOURCE OFFICER PROGRAM
This Agreement is entered into this _____ day of __________________________, 2022,
by and between the City of Laurel (hereinafter “the City” or “the City of Laurel”) and the Laurel
Public Schools, District 7 & 7-70 (hereinafter “the District” or “the School District”) as follows:
RECITALS
WHEREAS, the District and the City desire to maintain a cooperative and coordinated
approach to deterring and addressing criminal activity on school property and at District sponsored
events and activities;
WHEREAS, Montana law authorizes the District to contract with the City to have
municipal law enforcement provide a School Resource Officer (hereinafter “SRO”) and SRO-
related law enforcement services; and
WHEREAS, Montana law further authorizes the District to levy for an appropriate portion
of the costs the City incurs in paying wages, providing benefits, and providing transportation for
law enforcement officers who are assigned to perform SRO duties in the District.
WITNESSETH
NOW THEREFORE, in consideration of the mutual promises, terms, covenants, and
conditions set forth herein and other valuable consideration, the sufficiency of which is
acknowledged, the parties agree as follows:
1. Purpose of Agreement: The purpose of this Agreement is for the City to assign 1) one
law enforcement officer and reasonably necessary equipment to the District for the School
Resource Officer program for the City of Laurel Middle School and 2) one law
enforcement officer and reasonably necessary equipment to the District for the School
Resource Officer program for the City of Laurel High School.
2. Definitions: The following definitions apply to this Agreement:
a. “Additional services” mean services that a law enforcement officer provides, at the
District’s request, outside the regular hours of SRO service that are described in this
Agreement. By way of example, but without limitation, the SRO performs additional
services if, at the request of a school administrator or District administrator, the SRO
attends a school board meeting, an extracurricular activity, or a community function
that is held in the evening.
b. “Exigent circumstances” mean circumstances under which the courts permit law
enforcement officers to execute a warrantless search or seizure; circumstances under
which a reasonable law enforcement officer would believe that a person presents an
immediate and substantial risk of harm to self or others; circumstances under which
44
urgent action is reasonably necessary in order to prevent the destruction of evidence of
a serious crime; and circumstances in which a law enforcement officer is in hot pursuit
of a suspect who is believed to have committed, or to have attempted to commit, a
serious crime and is in the process of fleeing.
c. “School resource officer” or “SRO” means a licensed law enforcement officer who is
employed by the City and is assigned to provide SRO duties or additional services
pursuant to this Agreement.
d. “SRO duties” include, but are not necessarily limited to, the following:
• protecting persons who are present on school property or at a school sponsored event
or activity;
• protecting real and personal property;
• serving as a role model for students, parents, and community members;
• conferring with students, parents, and community members for the purpose of
deterring or addressing criminal behavior on school property or at a school sponsored
event or activity;
• identifying and advising on security vulnerabilities in the District’s schools;
• being present and visible on school property and surrounding areas;
• serving as a resource for school officials regarding the prevention and deterring of
criminal activity on school property and at school sponsored events and activities;
• serving as a mentor and resource for students;
• conducting regular meetings with various student groups that represent a diverse
population in efforts to promote positive relationships;
• giving presentations to students and staff that are designed to promote safety or to
deter, decrease, or otherwise address drug use or other potential criminal activity by
students;
• investigating and otherwise addressing criminal activity that has occurred, is alleged
to have occurred, may have occurred, or is expected to occur on school property or at
a school sponsored event or activity;
• as required for exigent circumstances or immediate safety threats (as determined in
collaboration with the District), conducting searches of students, student lockers,
student backpacks, school property, and student vehicles;
• recovering lost or stolen property;
45
• enforcing all criminal laws on school property and at school sponsored events and
activities;
• responding to emergencies including, but not limited to, medical emergencies and
situations involving a threat of violence or harm to property or to any person who is on
school property or is at a school sponsored event or activity;
• attending trainings provided by the District related to equity, childhood trauma,
cultural responsiveness and others as requested by the Superintendent;
• meeting and collaborating with school administrators and District administrators to
develop and work toward mutually agreed upon goals; and
• other tasks as assigned by the Laurel Police Department.
e. “School day” means a day on which school is in session and general student attendance
is required, including any make-up days that are scheduled because school was
canceled for any reason. School days are identified on the District calendar, which is
published on the District’s website. Days on which students attend summer school are
not school days.
f. “School property” means: any property, within the City of Laurel, owned, leased, or
controlled by the District where an elementary school, middle school, secondary
school, secondary vocational center, alternative learning program, or other school
providing educational services is located or used for educational purposes, or where
extracurricular or co-curricular activities are regularly provided.
3. Term: This Agreement is for a term of one-year beginning on September 1, 2022 and
ending on August 31, 2023. This Agreement will automatically renew for a period of
twelve calendar months (September 1 to August 31) unless either party provides written
notice of termination to the other party on or July 1st.
4. Termination: This Agreement may be terminated with or without cause by either party
upon thirty (30) days’ prior written notice.
5. Employment of SRO:
a. The SRO shall be an employee of the City of Laurel and shall be subject to the
administration, supervision, and control of the City of Laurel.
b. The SRO shall be subject to all personnel policies and practices of the City of Laurel,
except as such policies or practices may be modified by the terms and conditions of
this Agreement.
c. The City of Laurel, in its sole discretion, shall have the power and authority to hire,
discharge, and discipline the SRO.
46
6. Assignment of SRO:
a. Duty Hours:
i. SRO duty hours shall be determined by the provisions of the Collective
Bargaining Agreement between the City of Laurel and Local Union 303,
American Federation of State, County, and Municipal Employees, AFSCME.
Whenever possible, it is the intent of the parties that the SRO’s duty hours shall
conform to the school day.
ii. It is understood and agreed that time spent by the SRO attending municipal
court, juvenile court, and/or criminal cases arising from and/or out of their
employment as an SRO, as well as SRO duties involved in school zone
enforcement, home visits, and procedural matters involving the Police
Department, shall be considered as hours worked under this Agreement.
b. Absences:
i. In the event the SRO is absent from work, the SRO shall notify his or her
supervisor in the Police Department and the Principal of the school to which
the SRO is assigned.
ii. If an SRO is absent for more than ten (10) consecutive school days, related to a
leave of absence, the City will undertake reasonable efforts to assign another
licensed law enforcement officer to serve as a temporary replacement and
perform the regular SRO’s duties during any additional absences.
c. Vehicle/Equipment/Training: The City is responsible for providing the SRO with a
vehicle and all necessary law enforcement equipment, including any necessary
electronic devices. The City is also responsible for providing training and education to
all law enforcement officers who are assigned to provide services pursuant to this
Agreement.
7. Time and Place of Performance: The City will endeavor to assure that the SRO will be
available for duty at the assigned campus each day that school is in session duri ng the
regular school year. The District understands that there may be times when the SRO is
needed off-campus due to emergency law enforcement activities or court appearances.
8. Relationship of Parties:
a. The City shall have the status of an Independent Contractor for purposes of this
Agreement. The SRO assigned to the District shall be considered the employee of the
City and shall be subject to the City’s sole and exclusive control and supervision.
47
b. The Chief of Police and the Superintendent will evaluate the program throughout the
year in order to ensure that the program is meeting expectations. Following the close
of the school year, the Chief of Police and the Superintendent will each individually
prepare a summary report on the year’s operations and provide any recommendations
for changes. This report will be reviewed by both the City Council and the School
Board, in considering any changes to be made for the upcoming school year.
c. The SRO will be subject to current policies and procedures in effect for City of Laurel
Law Enforcement Officers, including attendance at all mandated training and testing
to maintain Officer certification.
d. This Agreement is not intended to and will not constitute, create, give rise to, or
otherwise cause a joint venture, partnership, or formal business association or
organization of any kind between the parties, and the rights and obligations of the
parties shall be only those expressly set forth in this Agreement.
9. Payment/Costs:
a. Monthly Base Payment: The District will pay the City the following fees per year, in
two equal payments in December 2022 and June 2023, for all SRO services, excluding
additional services, which are provided pursuant to this Agreement:
Fifty-Six Thousand Four Hundred Sixty-Seven Dollars and Forty-Nine
Cents ($56,467.49) for SRO No. 1; and
Fifty-Six Thousand Six Hundred Thirty-Six Dollars and Two Cents
($56,636.02) for SRO No. 2.
This payment is intended to cover a reasonable amount of the cost the City incurs in
paying wages, providing benefits, and providing transportation for the SRO assigned
to perform SRO duties under this Agreement. The City will invoice the District in
December 2022 and June 2023, with each invoice to reflect half of the total two-
balances combined, as reflected above.
b. Costs: The City agrees to pay all overtime costs, non-school related expenses related
to or resulting from law enforcement related activities, such as criminal investigations
and court appearances, and costs relating to vehicle and insurance.
c. Additional Services: District administrators and school administrators may request
that the City assign one or more law enforcement officers to provide “additional
services” as defined in this Agreement. The City will make reasonable efforts to
accommodate such requests. When the City assigns an officer to provide additional
services, the District will be responsible for paying the officer’s wages for the hours
worked while providing additional services, any resulting overtime costs, a prorated
portion of the officer’s benefits for the hours worked while providing additional
services, and the officer’s transportation costs directly associated with providing
48
additional services. The City will submit an itemized invoice to the District describing
the additional services that were provided, the location where the additional services
were provided, and the costs the City incurred in providing the additional services.
10. District Responsibilities: In addition to making the payments described in this
Agreement, the District will provide office space for the SRO. At a minimum, the office
space will be furnished with a desk, chair, filing space capable of being secured, a
computer, and a landline telephone. The SRO may print materials and make photocopies
at the school where the SRO is assigned if the materials and photocopies relate to SRO
duties.
11. Prohibited Actions: In the absence of exigent circumstances, a law enforcement officer
who is employed by the City may not interview a student on school property about criminal
activity or potential criminal activity unless: (a) the officer is conducting a maltreatment of
minor investigation; (b) the crime has occurred, is alleged to have occurred, may have
occurred, is occurring, or is reasonably expected to occur in the near future on school
property or at a school sponsored event or activity; or (c) the officer has obtained prior
written permission from the building principal and from the student’s parent or guardian
or the student, if the student is eighteen (18) years of age or older. In addition, a law
enforcement officer may not participate in recommending or determining student discipline
or in investigating incidents of student discipline which do not involve potential criminal
activity.
12. Execution of Arrest Warrants: When executing an arrest warrant for a student on school
property, a law enforcement officer must make reasonable efforts to protect other students
and staff members who are present and to avoid undue embarrassment to the student who
is being arrested. This paragraph is not intended to prevent an officer from taking
immediate action to arrest a student who is fleeing or who presents an imminent and
substantial risk of harm to self, others, or property.
13. Access to Records. School officials shall allow the SRO to inspect and copy any public
records maintained by the school to the extent allowed by law. If some information in a
student’s record is needed in an emergency to protect the health or safety of the student or
other individuals, school officials shall disclose to the SRO that information which is
needed to respond to the emergency situation based on the seriousness of the threat to
someone’s health or safety, the need of the information to meet the emergency situation,
and the extent to which time is of the essence. If confidential student record information
is needed by the SRO, but no emergency situation exists, the information may be released
only as allowed by law.
14. Liability and Indemnification: Each party is solely responsible for the act(s) and
omission(s) of its own officers, employees, officials, agents, and representatives. To the
extent permitted by law, each party agrees to indemnify the other party from any and all
damages, liability, judgments, claims, expenses, attorney fees, and costs resulting from any
act or omission of any of its officers, employees, officials, agents, or representatives. Each
49
party’s liability, if any, is limited by applicable Montana law, and nothing in this
Agreement may be deemed to constitute a waiver of those limits.
15. Notices: The District must provide all official notices under this Agreement by electronic
mail or U.S. Mail addressed to the City’s Chief of Police, Stan Langve, at
slangve@laurel.mt.gov or 215 West First Street, Laurel MT 59044. The City must provide
all official notices under this Agreement by electronic mail or U.S. Mail addressed to the
District’s Superintendent at _________________________ or
__________________________________, Laurel MT 59044. Either party may designate
a different addressee or address at any time by giving written notice to the other party.
Notice that is delivered by mail is effective upon mailing. Notice that is delivered by email
is effective upon transmission.
16. No Unlawful Discrimination: The District and the City each agree to provide equal
employment opportunities to all employees and applicants for employment in accordance
with all applicable federal, state, and local laws. No person may be excluded from full
employment rights in, participation in, be denied the benefits of, or be otherwise subjected
to discrimination in any program, service, or activity based on race, color, religion, age,
sex, disability, marital status, sexual preference, HIV status, public assistance status, creed,
or national origin. In addition, the District and the City each specifically agree not to
discriminate unlawfully against any student in any program, service, activity, or decision
based on race, color, religion, age, sex, disability, marital status, sexual preference, HIV
status, public assistance status, creed, or national origin.
17. Waiver and Enforcement: The failure to insist on compliance with any term, covenant,
or condition contained in this Agreement must not be deemed to be a waiver of that term,
covenant, or condition, nor will any waiver or relinquishment of any right or power
contained in this Agreement at any time be deemed to be a waiver or relinquishment of any
right or power at any other time. Each party is responsible for its own costs, expenses, and
any attorneys’ fees associated with this Agreement and any related matters, including
enforcement of this Agreement.
18. Equal Drafting: In the event that either party asserts that a provision of this Agreement
is ambiguous, this Agreement must be construed to have been drafted equally by the
Parties.
19. Choice of Law, Forum, and Severability: This Agreement is governed by the laws of
the State of Montana. The parties agree that the Montana state and federal courts will have
exclusive jurisdiction over any dispute arising out of this Agreement. If a court determines
that any part of this Agreement is unlawful or unenforceable, the remaining portions of the
Agreement will remain in full force and effect.
20. Entire Agreement, Changes, and Effect: This Agreement constitutes the entire
agreement between the District and the City regarding SRO duties and additional services.
This Agreement supersedes any inconsistent statements or promises made by either party.
This Agreement also supersedes and terminates any prior or existing agreements or
50
contracts regarding the same or any similar subject matter. Neither party has relied upon
any statements, promises, agreements, or representations that are not stated in this
Agreement. No changes to this Agreement are valid unless they are in writing and signed.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the dates
recorded by their signature. By signing below, each party specifically acknowledges that it has
read this Agreement and that it understands and voluntarily agrees to be legally bound by all terms
of the Agreement.
CITY OF LAUREL LAUREL PUBLIC SCHOOLS
___________________________ ___________________________
City of Laurel Mayor District Board Chairperson
Date: ______________________ Date: ______________________
51
File Attachments for Item:
7. Ordinance - An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal
Code Relating To The Adoption And Enforcement Of Building Codes For The City Of Laurel
As Required By The State Of Montana
52
Ordinance No. 021-_____ Title 14, Building Code Amendments
ORDINANCE NO. 022-_____
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 14 OF THE
LAUREL MUNICIPAL CODE RELATING TO THE ADOPTION AND
ENFORCEMENT OF BUILDING CODES FOR THE CITY OF LAUREL AS
REQUIRED BY THE STATE OF MONTANA
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing Title 14 as noted herein and hereby recommends the same to the City Council for
their full approval.
Chapter 14.16 INTERNATIONAL RESIDENTIAL BUILDING CODE,
202118 EDITION
14.16.010 Adoption.
A. The City of Laurel hereby adopts by reference pursuant to MCA Section
50-60-301 (1)(a), MCA the International Residential Code, 202118 Edition, as
modified by the Administrative Rules of Montana (ARM) 24.301.154 (1)
through (24) with Appendix Q Tiny Houses, as permitted by ARM 24.301.154
(2) (a), and as required to be adopted by the Department of Labor and Industry,
Building and Commercial Measurements Bureau.
B. One full printed copy of the Code shall be available in the offices of the
City Planning Department.
C. The International Residential Building Code 202118 Edition is made a
part of this chapter as fully, and for all intents and purposes, as though set forth
herein at length. It shall be known and designated as the "International
Residential Building Code" of the City.
(Ord. 05-15 (part), 2005)
(Admin. Order AO15-01,§ 2, 2-24-2015; Ord. No. O20-01, 1-28-2020)
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
53
Ordinance No. 021-_____ Title 14, Building Code Amendments
Introduced and passed on first reading at a regular meeting of the City Council on the
_____ day of ______________, 2022, upon Motion by Council Member
_____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the _____
day of ______________, 2022, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the _____ day of ______________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
54