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HomeMy WebLinkAboutCity Council Packet 04.11.2023 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, APRIL 11, 2023 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R23-21 NEXT ORD. NO. O23-22 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 March 28, 2023. Correspondence 2. Police Monthly Report - March 2023 Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Cons ent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 3. Claims entered through April 7, 2023. 4. Approval of Payroll Register for PPE 4/2/2023 totaling $229,954.46. Ceremonial Calendar Reports of Boards and Commissions 5. Budget/Finance Committee Minutes of March 28, 2023. 6. Tree Board Minutes of February 16, 2023. 7. Library Board Minutes of January 10, 2023. 8. Library Board Minutes of February 21, 2023. 9. Public Works Committee Minutes of January 30, 2023. 10. City/County Planning Board Minutes of February 15, 2023. 1 Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 11. Resolution No. R23-21: Resolution Adopting Amendments To The Personnel Policy Manual For The City Of Laurel 12. Resolution R23-22: A Resolution Of The City Council To Submit The Question To The Electorate Authorizing The City To Impose A New Mill Levy For The City Of Laurel Emergency Response Services Of A New 50.06 Mills To Fund Ems Services, Including Staffing, Volunteer Compensation, Training, And Ancillary Operations 13. Ordinance No. O23-02: An Ordinance Amending Section 2.72.020 (Composition) Of The Laurel Municipal Code Related To Membership In The Laurel City-County Planning Board. 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 2 File Attachments for Item: 1. Approval of Minutes of March 28, 2023. 3 4 5 6 File Attachments for Item: 2. Police Monthly Report - March 2023 7 Page 1 of 5 Total Calls Printed on March 31, 2023 [CFS Date/Time] is between '2023-02-27 00:00' and '2023-03-27 23:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 19 19 : Agency Assist 70 70 : Alarm - Burglary 11 11 : Alarm - Fire 10 10 AMB : Ambulance 81 81 : Animal Complaint 4 4 : Area Check 9 9 : Assault 4 4 : Bad Checks 0 0 : Barking Dog 4 4 : Bomb Threat 0 0 : Burglary 2 2 : Child Abuse/Neglect 1 1 : Civil Complaint 9 9 : Code Enforcment Violation 4 4 : Counterfeiting 0 0 8 Page 2 of 5 Code : Description Totals : Criminal Mischief 4 4 : Criminal Trespass 2 2 : Cruelty to Animals 0 0 : Curfew Violation 2 2 : Discharge Firearm 1 1 : Disorderly Conduct 7 7 : Dog at Large 21 21 : Dog Bite 2 2 DUI : DUI Driver 7 7 : Duplicate Call 6 6 : Escape 0 0 : Family Disturbance 19 19 : Fight 3 3 FIRE : Fire or Smoke 9 9 : Fireworks 0 0 : Forgery 1 1 : Found Property 4 4 : Fraud 4 4 : Harassment 1 1 : Hit & Run 3 3 : Identity Theft 0 0 9 Page 3 of 5 Code : Description Totals : Indecent Exposure 0 0 : Insecure Premises 2 2 : Intoxicated Pedestrian 1 1 : Kidnapping 0 0 : Littering 1 1 : Loitering 0 0 : Lost or Stray Animal 17 17 : Lost Property 5 5 : Mental Health 0 0 : Missing Person 1 1 : Noise Complaint 2 2 : Open Container 0 0 : Order of Protection Violation 2 2 : Parking Complaint 13 13 : Possession of Alcohol 0 0 : Possession of Drugs 0 0 : Possession of Tobacco 4 4 : Privacy in Communications 1 1 : Prowler 0 0 : Public Assist 43 43 : Public Safety Complaint 1 1 10 Page 4 of 5 Code : Description Totals : Public Works Call 6 6 : Report Not Needed 6 6 : Robbery 0 0 : Runaway Juvenile 1 1 : Sexual Assault 3 3 : Suicide 0 0 : Suicide - Attempt 0 0 : Suicide - Threat 3 3 : Suspicious Activity 76 76 : Suspicious Person 10 10 : Theft 25 25 : Threats 6 6 : Tow Call 0 0 : Traffic Accident 11 11 : Traffic Hazard 3 3 : Traffic Incident 15 15 : TRO Violation 0 0 : Truancy 1 1 T/S : Traffic Stop 117 117 : Unattended Death 1 1 : Unknown - Converted 0 0 11 Page 5 of 5 Code : Description Totals : Unlawful Transactions w/Minors 0 0 : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 4 4 : Warrant 9 9 : Welfare Check 10 10 Totals 724 724 12 File Attachments for Item: 5. Budget/Finance Committee Minutes of March 28, 2023. 13 14 15 File Attachments for Item: 6. Tree Board Minutes of February 16, 2023. 16 Minutes City of Laurel Tree Board 2/16/23 Council Conference Room Attending: Michelle Mize, Walt Widdis, Paul Kober, Phyllis Bromgard Phone: LuAnne Engh 1. Public Input a. 2. General Items a. November minutes approved – b. City balance $843 for Arbor Day. School Balance $125 It appears the DNRC grant for $750 wasn’t applied for this year. c. Arbor Day – May 2nd - Heroes for Life by Finley Watts. Walt will see about getting Finley in the paper closer to Arbor Day to give more exposure to how students are involved. We’ll also give Finley a gift certificate from the committee. d. Shirts through Dynamic were quoted at $10.90 each with $3 extra for XXl. Don came back to say the design requires more colors so it will be higher. e. Laurel Foundation (Jon Rutt & Dave Bauer) are working on the Foundation connection. We need a contract signed and then they will upload our information on the website to collect donations or if people are interested in donating a memorial tree. LuAnne will apply for the Walmart grant through the Foundation too. Paul said he would contact Rotary and Cenex for donations. f. Plaques – If Memorial trees are donated we discussed the plaque with the information. Walt suggested the family find their own plaque. It was also discussed that a uniform plaque approved by the committee would be more appealing. g. Aaron has suggested we plant 5 new trees..most would replace trees that are nearly gone. Michelle suggested we plant some trees to help shade the new splash pad. Patrick (our city tree trimmer) could also give advice since he has taken care of the Thomson trees for several years and did the most recently trimming. h. We have the tree list from Good Earth Works to consider as well as Rivers Edge. i. Michelle will contact Richard Close for the Honor guard. Since we have bathrooms are the park we won’t need the portables. j. Edie Armstrong said she will make the sloppy joe lunch again with the SOW committee. k. LuAnne will ask Lynn to speak again unless the Mayor would like to do the presentation. 17 l. We need to contact the Laurel PTA for water for the kids unless they bring their own water bottles where we can have gallon jugs to refill. When it’s cool they don’t use much water. 3. Old Business a. The LURA committee has started meeting again. There is also the downtown committee that wants to improve the downtown storefronts. Hopeful ly ideas will start flowing again to improve the commercial area. b. The city is committed to the Splash Pad. $150K is raised and hopefully by March construction will start. 4. Other Items a. Volunteer hours – Keep your hours for all meetings, time spent on Arbor Day or any other project. b. We only have 3 more meetings before our event. So everyone should be working on their responsibilities. Next meeting Thursday, Februar16th - 9:30 Council Conference room 18 File Attachments for Item: 7. Library Board Minutes of January 10, 2023. 19 1 MINUTES CITY OF LAUREL Library Board 01/10/2023 06:00 PM Laurel Public Library COMMITTEE MEMBERS PRESENT: X Katie Fjelstad X Arthur Vogele, Board Chair X Kate Manley - online X Lela Schlitz X Nancy Schmidt, Secretary X Mary Nelson X Clair Killebrew – Foundation Liaison - online OTHERS PRESENT: None 1. Public Input Citizens may address the committee regarding any item of city business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. a. Addressing the Board – The Board extended a warm welcome to Mary Nelson as our new member. 2. General Items a. Lela motioned that the minutes for December 2022 be adopted as presented. Kate seconded the motion, passed. b. The library received $100 in donations from Ray Wells, $50 from Gail Brice and the Foundation was given $200 through yourcause.com. c. Circulation Report – (compared to the same time period as last year) Traffic: up 0.001%; circulation: all items circulated totaled 3,684 (including 510 eBooks), book circulation was up 10.6%, media circulation was down 2.3%, eBook checkouts for this month was 14.9% of total book circulation, we circulated 947 items to partners and 193 items from other libraries; computers: internet use was down 8.2%, children’s use was down 75%, wi-fi use up 54.3%; patron cards: city patrons make up 63.9% of registered users, county 27.4% and out of county users make up 3.3%. There were 40 tech assists in December. 3. New Business a. Board members were reminded of when their current terms end and if they are eligible for a second term. Katie is completing a term left open when Dixie passed that ends June 30, 2023. She is now eligible to fill a first 5-year term if she chooses to continue being a member of the Library Board. The rest of the board terms are completed as follows: Lela – 2024, Arthur – 2025, Kate – 2026, Mary – 2027. b. Nancy stated that it is time to start thinking about the upcoming budget. She will start preparing the FY24 budget with preliminary numbers. Final figures won’t be available until the City and Union meet to determine pay increases (if any) for the next year. The library should also think about increasing the number of hours that part -time employees get each week for 20 2 better staff coverage. 4. Old Business a. Staff evaluations have been completed and submitted to the Mayor’s office for review and to be filed in their personnel files. b. Our new shelves are in place and look wonderful. The communication from MCE on delivery was a bit hectic but we received them and the guys eventually got them in place in the children’s section. Patrons are very impressed with the new shelves. The library hopes to purchase more shelves in the future which is dependent upon funding or donations received for new shelves. c. The Board has been working on updating library policies as per MSL requirements. We worked on the working of the Collection Management Policy and agreed that some sections should be deleted entirely while others are just reworded. The final copy will be completed for the next meeting. In February, we have agreed to work on the Computer Usage Policy and Internet Usage Policy. d. Library Board members are planning on moving forward with the mill levy campaign. Nancy will ask to meet with the Mayor, City Attorney, and Kelly to determine our next steps for pursuing the mill levy. Once this is determined the board should be able to present a resolution to the City Council asking that a mill levy be put on the ballot in November 2 023. We would prefer to do this in June but we can’t put it on a school ballot. 5. Other Items a. Upcoming Items: There are four staff members that have too many hours accumulated in their ‘bank’. Chris, Mike, Fred and Nancy are at a ‘use it or lose it’ stage. They will be scheduled off some time between mid-January and the end of March to use up as much of their extra hours as possible. 6. Announcements a. The next regular meeting is February 21, 2023 at 6:00 pm in the library community room. Motion to adjourn made by Kate, seconded by Mary. Meeting adjourned at 7:31 pm. Respectfully submitted, Nancy L Schmidt Nancy L Schmidt Library Director Secretary for the Board NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 21 File Attachments for Item: 8. Library Board Minutes of February 21, 2023. 22 1 MINUTES CITY OF LAUREL Library Board 02/21/2023 06:00 PM Laurel Public Library COMMITTEE MEMBERS PRESENT: X Katie Fjelstad – via Zoom X Arthur Vogele, Board Chair X Kate Manley X Lela Schlitz – via Zoom X Nancy Schmidt, Secretary Mary Nelson X Clair Killebrew – Foundation Liaison – via Zoom OTHERS PRESENT: None 1. Public Input Citizens may address the committee regarding any item of city business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. a. Addressing the Board – None 2. General Items a. Kate motioned that the minutes for January 2023 be adopted as presented. Lela seconded the motion. Motion passed. b. The library received a $60 donation from the Tuesday evening bunco group and a $250 donation from Colleen Tipp. c. Circulation Report – (compared to the same time period as last year) Traffic: up 4.3%; circulation: all items circulated totaled 4,423 (including 656 eBooks), book circulation was up 14.7%, media circulation was down 11.1%, eBook checkouts for this month was 16.2% of total book circulation, we circulated 1188 items to partners and 179 items from other libraries; computers: internet use was up 13%, children’s use was down 53%, wi-fi use up 57.3%; patron cards: city patrons make up 65% of registered users, county 30.7% and out of county users make up 8.75%. There were 58 tech assists in January. 3. New Business a. Lela shared with the Board an idea that she learned about at the fall retreat in Chico last October. The idea is to have a “pantry” available for patrons to use when they need something to eat or drink but don’t have the funds available to purchase a full meal. After some discussion it was decided that we could allow space in the front foyer for a ‘Cart Pantry’ that our patrons could make use of when needed. The items would consist of simple grab-n-go type foods or drinks that wouldn’t cost the patrons anything but we would be willing to accept donation of food stuffs and/or money to supply the pantry. Kate motioned that we set up the pantry for patron use, Lela seconded the motion. Motion passed. 23 2 b. As part of the Summer Reading Program Nancy would like to apply for a grant from Town Pump Charities. There is a $1,000 grant available to public libraries that can be used for summer reading programming in local communities. Any monies received from the grant would be used for presenters, book giveaways, and items for the cart pantry. c. The Laurel Civil Attorney has asked that we put into writing our plans for choosing a successor to run the library in the event that some one has to step down sooner rather than later. Even though the State Library has already been working on this with all libraries across the state, it is time to share it with our local government. Nancy will draft a succession plan for the Board to agree upon and pass next month. 4. Old Business a. Nancy has started working on the budget for the library. She will draw up a tentative budget for the library and present it for Board approval in the next couple months. The union contract has expired so there is no telling what percentage will be presented for wage increases. We will be ready for changes as they come. b. The new shelves are installed in the children’s section against the north wall, next to the mural. We’ve had a lot of positive feedback from both parents and children about the shelves. We will continue to replace more as fund become available. Some of the discarded shelving is being used in the community room for book club kits. The library has over 300 titles with multiple copies that need to be organized better. Library staff will take some of the old shelves, reinforce them, and use them for the kits. Only library staff will have access to these shelves for safety reasons. c. The mill levy plans for the library have been put aside until next year. Nancy met with Mayor Waggoner and City Attorney Michelle Braukmann concerning the request to pursue a library mill levy. Nancy stated that she immediately let the mayor and attorney know that the library would step back from a mill levy this year so that the Emergency Services could pursue a much needed mill levy for the ambulance. The chances of two mill levies passing when placed against a school bond vote would see both lose. This way the ambulance levy has a much higher chance of passing this year. The Board members expressed their agreement with this assessment and stated that we could spend the next year planning our own mill levy strategy so we can have a successful mill levy passage next year. d. An online meeting with other directors has led Nancy to realize that the library has a need for a child safety policy. After discussion it was decided that Nancy would ask other librarians for copies of their policies to use as guidelines while crafting our own policy. It will be presented at the next board meeting. 5. Other Items a. Upcoming Items: The next Federation meeting is scheduled for Saturday, April 1st, 2023 in Harlowton. Anyone is welcome to attend this meeting. It is scheduled 9:30 am to 3:00 pm. Montana Library Association Conference is scheduled in Billings for April 12 th-15th, 2023. It is being held at the Double Tree Inn in downtown Billings. Registration starts in early March for anyone interested in attending one day or all week. 24 3 Our next book sale is scheduled for two weeks at the end of April and beginning of May. The State Library is watching two bills that may impact libraries in the next biennium. HB91 will increase the per capita amount given to libraries to $0.50 if passe d and HB234 will essentially criminalize librarian that allow children to checkout books that may be considered “obscene”. The State Library supports HB91 and opposes HB234. The end of the legislative session is in April so there should be some resolution by then on both of these bills. 6. Announcements a. The next regular meeting is March 14, 2023 at 6:00 pm in the library community room. Motion to adjourn made by Kate, seconded by Katie. Meeting adjourned at 7:14 pm. Respectfully submitted, Nancy L Schmidt Nancy L Schmidt Library Director Secretary for the Board NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 25 File Attachments for Item: 9. Public Works Committee Minutes of January 30, 2023. 26 27 28 29 30 31 32 33 File Attachments for Item: 10. City/County Planning Board Minutes of February 15, 2023. 34 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, FEBURARY 15, 2023 5:30 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The Chair called the meeting to order at 5:41PM Jon Klasna Roger Giese Judy Goldsby Richard Herr Richard Klose Absent; Ron Benner, Gavin Williams Staff, Kurt Markegard General Items 2. Approve Meeting Minutes: December 21, 2022 The chair gave the board a few minutes to read over the minutes. Richard moved to approve the minutes and Jon seconded the motion. Motion passed. New Business 3. Growth Management Plan for Yellowstone County per Resolution R23-03 Kurt read the Yellowstone County’s Resolution to ask the planning board to consider amending the City of Laurel’s 2020 Growth Management Plan. Kurt explained the process that needs to happen and issues with the growth policy as it was adopted by the city council. Kurt asked that the planning board members review the adopted copy of the growth plan and see what edits they would like to complete. The issue of extraterritorial zoning needs to be remove and then a public hearing needs to be set in order to get citizens feedback on those changes. Once those changes are adopted by the planning board it will move forward to the Yellowstone County Commissioners for a final hearing and adoption. Kurt will print out copies if planning board members need the current growth management plan. 35 4. Zoning Code kickoff with KLJ Engineering Consultants Kurt stated that KLJ Engineering consultants has been selected by the City Council to move forward with zone regulations update. KLJ will have draft regulations for the board to consider at the next planning board meeting. 5. Amending Chapter 17 to allow chickens within City Limits The Mayor of Laurel has asked for consideration of allowing chickens into the city limits. Kurt believed that chapter 17 needed amending but then realized that animals allowed in the city limits is not for the planning board to consider. This item will be taken up with the City Council. Old Business Other Items 6. Adjourn Judy asked if there was motion to adjourn the meeting. Jon moved to adjourn the meeting and Richard seconded the motion. Motion Passed. Meeting Adjourned at 7:17 pm. Announcements 7. Next Meeting: March 15, 2023 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. 36 File Attachments for Item: 11. Resolution No. R23-21: Resolution Adopting Amendments To The Personnel Policy Manual For The City Of Laurel 37 R23-21_Approve Amendments to Personnel Policy Manual RESOLUTION NO. R23-21 RESOLUTION ADOPTING AMENDMENTS TO THE PERSONNEL POLICY MANUAL FOR THE CITY OF LAUREL WHEREAS, the City of Laurel (hereinafter “the City”) prepared an Amended and Revised Personnel Policy Manual for City employees, and the Mayor and City Attorney recommended that the City Council adopt the same; WHEREAS, on March 28, 2023, the City Council adopted the Amended and Revised Personnel Policy Manual; WHEREAS, the Montana Municipal Interlocal Authority (hereinafter “the MMIA”) is the City’s insurance carrier, including for Employment Practices Liability Insurance (hereinafter “EPLI insurance”); WHEREAS, the MMIA has requested that all Cities in the State of Montana, including the City of Laurel, make certain changes and amendments to their Personnel Policy Manuals, in order to secure appropriate insurance coverage, including Workers’ Compensation insurance and EPLI insurance; WHEREAS, the City made most of those necessary and required changes in its previously-approved March 28, 2023 Amended and Revised Personnel Policy Manual; WHEREAS, since that approval, the MMIA has requested that the City make a few additional changes, which the City agrees are necessary and appropriate; WHEREAS, the City Attorney has revised the Personnel Policy Manual, with the Amendments attached hereto and incorporated by reference herein, and the Mayor recommends to City Council approval of such Amendments; and WHEREAS, City Council determines that such Amendments are necessary and appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby adopts the Amendments to the City’s Personnel Policy Manual, attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on the 11th day of April, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 11th day of April, 2023. 38 R23-21_Approve Amendments to Personnel Policy Manual APPROVED by the Mayor the 11th day of April, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 39 AMENDMENTS TO PERSONNEL POLICY MANUAL The City of Laurel’s Personnel Policy Manual is hereby amended, as to the following applicable Sections, as stated below. Any conflict between these Amendments and the originally-adopted Personnel Policy Manual should be construed in favor of these Amendments. If any part, term or provision of these Amendments are held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the Employer and Personnel shall be construed and enforced as if the Amendments did not contain the particular part, term or provisions held to be illegal or invalid. PROBATIONARY EMPLOYMENT PERIOD [AMENDMENT NO. 1] Revised: April 2023 Probationary Employment Period When the City of Laurel hires a new employee, the first one year of employment is a period called the Probationary Employment Period. During this time, you are able to learn about your job and your new surroundings. During the first one year of employment time period, your job performance, attendance, attitude and overall interest in your job will be observed by your supervisor. During this period, you may not be eligible for some benefits. Throughout the Probationary Employment Period, the City will be assessing your selection as an employee. Employees who fail to demonstrate the commitment, performance, and attitude expected by the City may be terminated at any time during the Probationary Employment Period, without any reason given for termination. FAMILY AND MEDICAL LEAVE ACT (FMLA) [AMENDMENT NO. 2] Revised: April 2023 Status of Compensation and Benefits while on FMLA Leave Most FMLA leave will be without pay except when an eligible employee uses accrued vacation time, sick time, or qualifies for STD payments. To the extent FMLA leave also qualifies as a leave under the City’s parental leave policy (i.e., at the birth, adoption or foster placement of a child), 40 the leave will be paid under the terms of the City’s STD policy, or the City will provide employees with two weeks of paid parental leave. The City will maintain an employee’s health insurance coverage for the duration of the employee’s FMLA leave as though the employee were continuously employed. The City will continue to pay its portion of the employee’s health insurance premiums provided that the employee pays his or her contributory portion on a timely basis. Employees requesting leave should contact the Clerk- Treasurer to arrange an acceptable payment schedule. The City will maintain and pay its portion of the premiums during FMLA leave for life and disability insurance. Employees who are taking unpaid leave will not accrue vacation during any periods of FMLA leave. However, such leave periods will be treated as continued service for the purpose of calculating pension and retirement plan vesting and eligibility. Employees who are utilizing any accrued vacation or other time in order to take FMLA leave will continue to accrue prorated vacation or other time as appropriately calculated. Employees are not required to utilize vacation or other time in order to take FMLA leave, and they may, instead, take FMLA leave fully-unpaid. In the event an employee fails to return to work after an unpaid family or medical leave is exhausted or expires, the City is entitled to recover health or other insurance premiums paid by the City during the leave period unless the reason the employee’s failure to return is because of: 1) the continuation, recurrence, or onset of a serious health condition; or 2) other circumstances beyond the employee’s control. CONFLICT RESOLUTION POLICY [AMENDMENT NO. 3] Revised: April 2023 Grievance Procedure Please note that, as to any claims of sexual misconduct or discrimination, an employee is not required to submit their grievance in writing or otherwise to the City. Any employee is entitled to immediately report a claim of sexual misconduct or discrimination to the Equal Employment Opportunity Commission (EEOC) and/or the Montana Human Rights Bureau (MHRB). Please be aware that there are strict time-limits for such reporting with the EEOC and the MHRB, and failure to timely report a claim may bar an employee’s ability to pursue legal remedies with the EEOC and/or the MHRB. 41 Unless otherwise stated herein, employees should use the grievance procedure to address claims related to violations of City policies and procedures or unlawful harassment. To address claims of sexual misconduct or discrimination, employees may state their intent to grieve in writing to the City Attorney within ten (10) working days of the incident. The statement and accompanying documentation will be examined, and a determination will be made as to whether the established grievance procedure is appropriate. Employees who feel that the written conditions of employment or published regulations, policies, or procedures were inequitably applied in an impending disciplinary action, up to and including termination, must state their intent to grieve in writing to the City Attorney within ten (10) working days of receipt of the written notice of disciplinary action or dismissal. The request will be examined, and a determination will be made as to whether the established grievance procedure is appropriate. In the case of a serious violation of conditions of employment or a major infraction of regulations, policies, or procedures, such as gross misconduct, the action to terminate an employee’s service is final. The employee can only appeal on the grounds that the gross misconduct did not occur, not that they were terminated for their actions. A grievance must be presented within the time frame shown in the first step of this procedure. Any failure to appropriately and timely submit a grievance may bar an employee’s claims. Reporting employees must demonstrate by clear and convincing evidence that their complaint is not arbitrary or capricious. The grievance procedure is as follows: 1. Documentation Submitted – Employees should begin the grievance process by submitting their Grievance to the City Attorney. Unless otherwise stated herein, employees must provide a specific statement of the grievance and indicate what solution or remedy they expect. Any documentation that relates to the substance of the grievance or facilitates its understanding should be attached to the grievance submission. 2. Grievance Review – The City Attorney will review the documentation and schedule a meeting with the employee within five (5) working days of receipt. The City Attorney will also notify the appropriate supervisor of the filed complaint. After a complete and thorough review, the City Attorney will determine if an investigation is required. An investigation may require interviewing witnesses; the City Attorney will strive to complete investigations within thirty (30) working days. The City Attorney will inform the employee and the appropriate supervisor of the investigation’s outcome and resolution. If the reporting employee is not satisfied with the resolution proposed, they must notify the City Attorney in writing within five (5) working days. 42 3. Formal Review by Mayor/CAO – The Mayor/CAO will review the grievance documentation and the City Attorney’s recommendation, conduct additional meetings with the involved parties (if needed), and consult with the City Attorney. The Mayor/CAO will inform the reporting employee in writing of the decision within twenty (20) working days of receipt of the employee’s grievance from the City Attorney. WEAPONS [AMENDMENT NO. 4] Revised: April 2023 Weapons Possession of any unauthorized firearms, handguns, or any other dangerous weapons or materials while performing job duties or while on employer's premises is prohibited unless directed by City, State, or Federal law. Violation of this policy may lead to disciplinary action, up to and including termination. WORKPLACE VIOLENCE [AMENDMENT NO. 5] Revised: April 2023 Workplace Violence The City supports a work environment and workplace free of violence. As such, workplace violence, threats of violence, intimidation, and other disruptive behavior are strictly prohibited at the City of Laurel. Workplace violence is defined as any act of creating an environment in which a reasonable employee is given cause to feel threatened or intimidated. All employees are responsible for maintaining a workplace free of violence. Any employee who is concerned about or observes workplace situations that may result in violence should immediately report the situation to a supervisor or the City Attorney. The City will take prompt action to investigate any situation alleging an employee engaged in workplace violence, or who used any obscene, abusive, or threatening language or gestures. Such action may include disciplinary action, or notifying the police or other law enforcement officers. 43 Employees must report any case of workplace violence to their immediate supervisor and the City Attorney. This policy also prohibits unauthorized employees from bringing unauthorized firearms or other weapons onto City premises. EMPLOYEE BENEFITS [AMENDMENT NO. 6] Revised: April 2023 Insurance/Pension Specific provisions of a collective bargaining agreement in conflict with this policy may apply, and where a specific provision of a collective bargaining agreement is applicable, that provision/those provisions apply, superseding the policies contained in this Section. Additionally, this policy may not apply to Volunteers, who are governed by separate requirements related to their Service. Full-time employees are eligible for certain group health insurance and pension benefits. The City may contribute toward the premiums for health coverage. Added benefits or insurance coverage for each employee and/or their dependents may also be available. LEAVES OF ABSENCE [AMENDMENT NO. 7] Revised: April 2023 Military Leave Specific provisions of a collective bargaining agreement in conflict with this policy may apply, and where a specific provision of a collective bargaining agreement is applicable, that provision/those provisions apply, superseding the policies contained in this Section. Additionally, this policy may not apply to Volunteers, who are governed by separate requirements related to their Service. An employee who has worked for the City of Laurel for a period of six (6) months, and who is a member of the organized militia of Montana or the reserve corps or military forces of the United States is entitled to a leave of absence with pay for a period not to exceed one hundred twenty (120) hours per year to perform military service. The full one hundred twenty hours (120) hours of leave will be credited in full to an employee after six (6) months of employment and in each 44 successive calendar year. The City will not charge military leave against an employee’s annual vacation time. Unused military leave may be carried over to the next calendar year, but may not exceed a total of two hundred forty (240) hours in any calendar year. Employees employed less than six (6) months are entitled to unpaid leave for the purposes listed above. “Military service” means both federally funded military duty and state active duty. Employees must submit a copy of military orders with his or her timesheet to be entitled to the leave with pay. These Amendments are subject to change, amendment, alterations, and revisions at the sole discretion of the City of Laurel. 45 File Attachments for Item: 12. Resolution R23-22: A Resolution Of The City Council To Submit The Question To The Electorate Authorizing The City To Impose A New Mill Levy For The City Of Laurel Emergency Response Services Of A New 50.06 Mills To Fund Ems Services, Including Staffing, Volunteer Compensation, Training, And Ancillary Operations 46 R23-22 Approving an Election on Supplemental Funding for EMS Services RESOLUTION NO. R23-22 A RESOLUTION OF THE CITY COUNCIL TO SUBMIT THE QUESTION TO THE ELECTORATE AUTHORIZING THE CITY TO IMPOSE A NEW MILL LEVY FOR THE CITY OF LAUREL EMERGENCY RESPONSE SERVICES OF A NEW 50.06 MILLS TO FUND EMS SERVICES, INCLUDING STAFFING, VOLUNTEER COMPENSATION, TRAINING, AND ANCILLARY OPERATIONS WHEREAS, the City may impose a property tax levy for any public or governmental purpose not specifically prohibited by law; WHEREAS, the City is a public body and is authorized pursuant to Mont. Code Ann. § 15-10-425, as amended, to impose a new mill levy or exceed the mill levy limit provided for in Mont. Code Ann. § 15-10-420, by conducting an election authorizing such new mill levy for purposes determined by the City and the electors of the City approving any new levy; WHEREAS, the City Council has determined additional EMS Services, including specifically related to staffing, volunteer compensation, training, and ancillary operational costs are needed for the residents of the City; WHEREAS, the City has decided to pass a Resolution pursuant to, in part, Mont. Code Ann. § 15-10-425 to submit the question of a new mill levy to the qualified electors of the City of Laurel; WHEREAS, the City has determined that there is a need for a permanent levy increase of 50.06 mills (hereinafter “the EMS Supplemental Levy”) to increase funding for EMS Services, to be adjusted annually subject to the limits established in Mont. Code Ann. § 15-10- 420(1)(a), for inflationary and new growth allowed in subsequent years; and WHEREAS, Mont. Code Ann. §§ 15-10-420 and -425 authorize the City to request of the voters in the City limits, as amended, an increase in mill levies over and above current limitations; WHEREAS, the new and separate mill levy will be for a total of 50.06 mills, which has a current approximate value of Four Hundred Fifty Thousand Dollars and No Cents ($450,000), and the duration shall be perpetual; WHEREAS, the annual supplemental EMS levy will be used to pay the ongoing and permanent costs associated with delivering additional EMS services (currently anticipated to be used for the hiring of approximately three (3) to four (4) additional EMS providers, the increase of wages for EMS providers, additional, fair, and equitable compensation for EMS Volunteer Personnel, and helping to fund a portion of the costs of training and operational needs of the EMS Department; and 47 R23-22 Approving an Election on Supplemental Funding for EMS Services WHEREAS, the new mill levy level being requested will have an anticipated impact upon property taxes for homes valued as follows: 1) for a home valued for property tax purposes at One Hundred Thousand Dollars ($100,000), the additional property taxes that will be imposed are Five Dollars and Sixty Three Cents ($5.63) per month; and 2) for a home valued for property tax purposes at Two Hundred Thousand Dollars ($200,000), the additional property taxes that will be imposed are Eleven Dollars and Twenty-Five Cents ($11.25) per month, adjusted as permissible by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. Calling of the Election. The City Council hereby calls and directs a mill levy election for the EMS Supplemental Levy to be held on November 7, 2023 for the purpose of voting on the following question: “Shall the City of Laurel, Montana, be authorized to permanently raise approximately 50.06 mills or approximately $450,000 annually for the purpose of funding additional EMS services, increasing compensation for EMS Personnel, including Volunteer EMS Personnel, as well as to fund training and operational expenses for the City of Laurel EMS Department?”. The permanent 50.06 mills will be adjusted annually, subject to the provisions of Mont. Code Ann. § 15-10-420(1)(a), after the first year, allowing for inflationary growth and newly taxable growth. The impact of the EMS Supplemental Levy on a residential home valued at $100,000 is $5.63 per month for the first year, and on a residential home valued at $200,000, it is $11.25 per month for the first year. 2. Authorization of Election and Ballot. The City Council hereby requests the Election Administrator to place the issue of whether the City shall be authorized to impose a new mill levy to cover the costs incurred in providing EMS Services as set forth above during the election held on November 7, 2023, to the electors of the City of Laurel. 3. Form of Ballot. The Election Administrator is hereby authorized to prepare the ballot to be submitted to the electors in substantially the following form: OFFICIAL BALLOT CITY OF LAUREL EMERGENCY SERVICES MILL LEVY ELECTION Shall the City Council of the City of Laurel, Montana be authorized to impose a new mill levy of 50.06 mills annually to fund emergency services, including hiring an anticipated 2-3 additional EMS providers, increasing wages for existing EMS providers, paying EMS Volunteers additional compensation for their hours of service, and funding training and ancillary operational costs. The foregoing mill levy is permanent and in addition to any other mill levy authorized by Charter or law. The impact of the election on a home valued for property tax purposes at $100,000 in terms of actual dollars in additional property taxes that would be 48 R23-22 Approving an Election on Supplemental Funding for EMS Services imposed annually is $5.63 per month, and for a home valued at $200,000 per month is $11.25 per month, adjusted as permissible by law, if the mill levy were to pass. ___________ YES -- FOR AUTHORIZING THE CITY OF LAUREL TO EXCEED THE STATUTORY MILL LEVY PROVIDED FOR IN MONT. CODE ANN. § 15-10-420 BY PERMANENTLY AND ANNUALLY LEVYING UP TO 50.06 MILLS (APPROXIMATE CURRENT VALUE OF $450,000 FOR CITY OF LAUREL EMERGENCY SERVICES) FOR THE PURPOSES OF INCREASING EMS STAFFING, INCREASING WAGES FOR EMS PERSONNEL, INCLUDING VOLUNTEER EMS PROVIDERS, AND FUNDING TRAINING AND ANCILLARY OPERATIONAL COSTS IN SUBSEQUENT YEARS ___________ NO – AGAINST AUTHORIZING THE CITY OF LAUREL TO EXCEED THE STATUTORY MILL LEVY PROVIDED FOR IN MONT. CODE ANN. § 15-10-420 BY PERMANENTLY AND ANNUALLY LEVYING UP TO 50.06 MILLS (APPROXIMATE CURRENT VALUE OF $450,000 FOR CITY OF LAUREL EMERGENCY SERVICES) FOR THE PURPOSES OF INCREASING EMS STAFFING, INCREASING WAGES FOR EMS PERSONNEL, INCLUDING VOLUNTEER EMS PROVIDERS, AND FUNDING TRAINING AND ANCILLARY OPERATIONAL COSTS IN SUBSEQUENT YEARS Introduced at a regular meeting of the City Council on the 11th day of April, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 11th day of April, 2023. APPROVED by the Mayor the 11th day of April, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 49 R23-22 Approving an Election on Supplemental Funding for EMS Services ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 50 File Attachments for Item: 13. Ordinance No. O23-02: An Ordinance Amending Section 2.72.020 (Composition) Of The Laurel Municipal Code Related To Membership In The Laurel City-County Planning Board. 51 Ordinance No. 023-02 Section 2.72.020 (Composition) of LMC Related to Membership in the Laurel City- County Planning Board ORDINANCE NO. 023-02 AN ORDINANCE AMENDING SECTION 2.72.020 (COMPOSITION) OF THE LAUREL MUNICIPAL CODE RELATED TO MEMBERSHIP IN THE LAUREL CITY-COUNTY PLANNING BOARD. 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 LMC § 2.72.020 (Composition [of Laurel City-County Planning Board]) as noted herein and hereby recommends the same to the City Council for their full approval. 2.72.020 Composition. The Laurel-Yellowstone city-county planning board shall consist of nineeleven members to be appointed as follows: A. Two official members who reside outside the city limits, but within the jurisdictional area of the Board, to be appointed by the Yellowstone County Bboard of Ccommissioners, who may in the discretion of the Yellowstone County bBoard of Ccounty commissioners be employed by or hold public office in the Yellowstone cCounty; B. Two official members to be appointed by the Laurel cCity cCouncil who may in the discretion of the Laurel Ccity Ccouncil, be employed by or hold public office in the Ccity of Laurel; C. Twohree citizen members who reside within the City of Laurel limits to be appointed by the Mmayor of the Ccity of Laurel; D. Twohree citizen members who reside within the jurisdictional area of the Board to be appointed by the Yellowstone County Bboard of county cCommissioners; and. Two members shall reside outside the city limits but within the jurisdictional area of the planning board; E. The eleventh ninth member shall be selected by the Board of Supervisors of the Conservation District.t If no member of the Board of Supervisors is able or willing to serve on the Board, the ninth member will be selected by the eight officers and citizen members of the Board, subject to the consent and approval of the Laurel City Council and the Yellowstone County Board of Commissioners. en official and citizen members hereinabove provided for with the consent and approval of the board of county commissioners and the city council; 52 Ordinance No. 023-02 Section 2.72.020 (Composition) of LMC Related to Membership in the Laurel City- County Planning Board F. The terms of the members who are officers of any governmental unit represented on the Bboard shall be coextensive with their respective terms of office to which they have been elected or appointed; the terms of the other members shall be two years, except that the terms of the first members appointed shall be fixed by agreement and rule of the governing bodies represented on the Bboard for one or two years in order that a minimum number of terms shall expire in any year; G. Vacancies occurring on the board shall be filled by the governing body, having appointed them for the unexpired term. (Prior code § 17.04.020) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on the 11th day of April 2023, upon Motion by Council Member _____________________. PASSED and ADOPTED by the Laurel City Council on second reading on the _____ day of ______________, 2023, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the _____ day of ______________, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 53