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HomeMy WebLinkAboutCouncil Workshop Packet 04.18.2023 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, APRIL 18, 2023 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. School Bond Presentation. 2. Motion to allow Council Member Klose to be absent from the City of Laurel for possibly more than ten days. (LMC 2.12.060) 3. Appointment of Fire Chief. 4. Appointment of Steven Hurt to the Cemetery Commission for the remainder of a term ending June 30, 2024. Executive Review 5. Resolution - Resolution Authorizing The Mayor To Execute Lease Agreements With Laurel Little League And American Legion Baseball Post #123 For Baseball Facilities And Pool Building As Described In The Lease Agreements. 6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Play Space Designs For Phase Two Of The Laurel Splash Park. 7. Resolution- A Resolution Of The City Council Authorizing The Mayor To Approve A Work Change Directive For The Project Known As The WTP Lift Well Replacement. 8. Resolution - A Resolution Of The City Council Authorizing Participation In The Montana Board Of Investments Of Short-Term Investment Pool And Authorizing The Execution And Delivery Of Documents Related Thereto. 9. 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. Council Issues 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 Str eet, Laurel, Montana. DATES TO REMEMBER 1 File Attachments for Item: 1. School Bond Presentation. 2 3 4 5 File Attachments for Item: 4. Appointment of Steven Hurt to the Cemetery Commission for the remainder of a term ending June 30, 2024. 6 7 File Attachments for Item: 5. Resolution - Resolution Authorizing The Mayor To Execute Lease Agreements With Laurel Little League And American Legion Baseball Post #123 For Baseball Facilities And Pool Building As Described In The Lease Agreements. 8 R23-____ Authorize Execution of Little League and American Legion Lease Agreements RESOLUTION NO. R23-_____ RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE LEASE AGREEMENTS WITH LAUREL LITTLE LEAGUE AND AMERICAN LEGION BASEBALL POST #123 FOR BASEBALL FACILITIES AND POOL BUILDING AS DESCRIBED IN THE LEASE AGREEMENTS. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Lease Agreements between the City of Laurel and the American Legion and City of Laurel and Laurel Little League are accepted and approved. A copy of each Lease Agreement is attached hereto for convenience. The previous Lease Agreements, entered into on the 10th day of December 2019, pursuant to Resolution No. R19- 87, are hereby rescinded and replaced by the attached Lease Agreements. Section 2: Execution. The Mayor of the City of Laurel is hereby given authority to accept and execute the Lease Agreements on behalf of the City. Section 3: Effective Date. The effective date for the attached Lease Agreements is the date hereby approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby authorizes the Mayor to execute the Lease Agreements, attached hereto and incorporated herein. Introduced at a regular meeting of the City Council on the _____ day of April, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of April, 2023. APPROVED by the Mayor the _____ day of April, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 9 R23-____ Authorize Execution of Little League and American Legion Lease Agreements ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 File Attachments for Item: 6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Play Space Designs For Phase Two Of The Laurel Splash Park. 32 R23-____ Approve Independent Contractor Service Contract by and between the City of Laurel and Play Space Designs RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH PLAY SPACE DESIGNS FOR PHASE TWO OF THE LAUREL SPLASH PARK. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel (hereinafter “the City”) and Play Space Designs, for Phase Two of the Laurel Splash Park, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Independent Contractor Service Contract with Play Space Designs on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of April, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of April, 2023. APPROVED by the Mayor the _____ 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 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 File Attachments for Item: 7. Resolution- A Resolution Of The City Council Authorizing The Mayor To Approve A Work Change Directive For The Project Known As The WTP Lift Well Replacement. 52 R23-____ Approve Work Change Directive for Project Known as The WTP Lift Well Replacement RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO APPROVE A WORK CHANGE DIRECTIVE FOR THE PROJECT KNOWN AS THE WTP LIFT WELL REPLACEMENT. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Work Change Directive for the Project known as The WTP Lift Well Replacement, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Work Change Directive for the Project known as The WTP Lift Well Replacement on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of April, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of April, 2023. APPROVED by the Mayor the _____ 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 53 54 55 56 File Attachments for Item: 8. Resolution - A Resolution Of The City Council Authorizing Participation In The Montana Board Of Investments Of Short-Term Investment Pool And Authorizing The Execution And Delivery Of Documents Related Thereto. 57 R23-____ Approve STIP Participation RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING PARTICIPATION IN THE MONTANA BOARD OF INVESTMENTS OF SHORT-TERM INVESTMENT POOL AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO. BE IT RESOLVED by the City Council of the City of Laurel, Montana (hereinafter “the Governing Body”) as follows: ARTICLE I: DEFINITIONS The following terms will have the meanings indicated below for all purposes of this Resolution unless the context clearly requires otherwise: “Account” means a specific Participant Bank account to be used in conducting STIP Program transactions. “Agreement” means the agreements of the Participant contained within this Resolution. “Authorized Representative” means the officer or official of the Participant designated and authorized by the Governing Body to act on behalf of Participant in the STIP Program. “Authorized Delegate” means any officer, official, or employee of the Participant delegated authority by the Authorized Representative to initiate transactions using the STIP Program. “Bank” means a financial institution designated and authorized to send and receive money on behalf of the Participant for purposes of participation in the STIP Program. “Board” means the Board of Investments, a state agency organized and existing under the laws of the State. “Exhibit A” means the STIP Participation Information Sheet attached to and incorporated into this Resolution as provided in Article IV, Section 3.01. “Exhibit B” means the Electronic Funds Transfer Authorization Form attached to and incorporated into this Resolution as provided in Article IV, Section 3.01. “Governing Body” means the governing body of political subdivision (Participant) authorized by Montana state law to participate in the STIP Program. “Participant” means the political subdivision requesting participation in the Board’s STIP Program. 58 R23-____ Approve STIP Participation “Short-Term Investment Pool” means the Board’s investment program administered under the direction of the Board of Investments as authorized by the Unified Investment Program and as more fully defined and described by the Montana Code Annotated and, in the Board’s, Governing Policies. “Short-Term Investment Pool” is synonymous with “STIP” and “Program” as used in this Resolution and Exhibits A and B. ARTICLE I: SHORT-TERM INVESTMENT POOL PARTICIPATION AGREEMENT Section 1.01 Participation Agreement. The Governing Body requests participation in the STIP Program and agrees that Participant will comply with and be bound by all laws, policies, procedures, and participation requirements applicable to the Program, as may be amended from time to time. Section 1.02 STIP Program. STIP is available to state and local governments to serve their short-term cash flow and deposit needs. The Program’s objectives are to preserve capital and maintain high liquidity. The Program has the following attributes: 1) STIP transactions are fixed at $1 per share; 2) STIP interest on pool assets accrues daily; 3) STIP earnings distribution methods are: (a) Interest is distributed at the beginning of the month and can be distributed as cash to the designated Bank; or (b) earnings can be reinvested into STIP; 4) Buying or selling shares in STIP requires one (1) business days’ notice (transactions for which notice is received after 2:00 p.m. will be processed two (2) business days after receipt of the original notice); 5) Access to STIP is only through the Board’s electronic web-based portal (no cash, checks or notifications by fax, phone or email will be accepted); 6) The Board’s STIP web portal provides real-time information on each account including investment balances, buys, sells, pending transactions, and transaction notes, as determined by the authorized user; and 7) The Board reports the Short-Term Investment Pool on a Net Asset Value (NAV) basis on its financial statements. A NAV per share of STIP will be reflected on the Board’s website for each month-end period. Section 1.03 Review of Policies, Procedures, and Participation Requirements. Participant represents that it has reviewed to its satisfaction all Board policies, procedures, and 59 R23-____ Approve STIP Participation participation requirements applicable to the STIP Program. See, Board Governance Policies 40.600, 40.601, and 40.602. Section 1.04 Authorized Representative: The Governing Body designates Kelly Strecker, who holds the position of Clerk-Treasurer for the City of Laurel, as the Participant’s Authorized Representative to execute transactions between STIP and the Bank. The Governing Body allows the Authorized Representative to appoint and remove additional Authorized Delegate(s) on behalf of the Participant. The Governing Body agrees that any addition or removal of an Authorized Delegate requires notice via the submission of a completed Exhibit A (STIP Participation Information Sheet) to the Board by the Authorized Representative before transactions will be accepted and processed. The Governing Body designates and authorizes the Participant’s Bank, (the “Bank”), identified in Exhibit B, with the Account Number and American Bankers Association (ABA) Number, for settlement of STIP participant transactions. The account is a Checking Account. The Governing Body allows the Authorized Representative to change either the Bank or the Account. The Governing Body agrees that the Board will notify both the office of the Authorized Representative AND the office of the Governing Body within three (3) business days that such a change has been made. The Governing Body allows the Authorized Representative to change the earnings distribution method. Section 1.05 Change of Authorized Representative. Any change to the Authorized Representative requires a new Resolution adopted by the Governing Body. However, the absence of an Authorized Representative does not nullify the current authority of the Authorized Delegate(s) to make STIP transactions. Section 1.06 Annual Confirmation. The Board will annually confirm with the Governing Body and the Authorized Representative the: 1. Name of the Authorized Representative; 2. Name(s) of any Authorized Delegate(s); and 3. Name of the Bank and the associated Account Numbers (truncated). Section 1.07 Effective Date. Participant’s Agreement will take effect when the Resolution Certificate, this Resolution, and completed and executed Exhibits A and B are received by the Board. The Participant’s Agreement will stay in effect until terminated in writing by the Governing Body. 60 R23-____ Approve STIP Participation ARTICLE II: MISCELLANEOUS Section 2.01 No Guaranteed Return. The Governing Body understands and agrees that there is no minimum or maximum interest rate or any guaranteed rate of return on STIP shares or funds invested in STIP shares. Section 2.02 Voluntary Participation. By adopting this Resolution, the Governing Body acknowledges that it is not compelled to participate in STIP, that its participation in STIP is voluntary, and agrees to the Board’s administration and governance of the Program according to the Board’s policies, procedures, and participation requirements. Section 2.03 Responsibility for Participant Mistakes. The Governing Body and Participant agree to hold harmless the state of Montana, the Board, and the Board’s members, officials, and employees for the acts, omissions, mistakes, and negligence of the Participant, Governing Body, and their members, officials, and employees, including but not limited to an Authorized Representative or Authorized Delegate who, for any reason, is not qualified or mistakenly listed with the Board as a permissible representative to authorize transactions using the STIP Program, incorrect instructions as to amounts or timing of sales or purchases, or missed deadlines. Section 2.04 No Warranty. The Governing Body and Participant agree that the Board makes no warranty that funds will be immediately available in the event of any failure of a third party, or that Governing Body will not suffer losses due to acts of God, natural disasters, terrorism or threats of terrorism, civil disorder, medical epidemics or other calamities, or other market dislocations or interruptions. Section 2.05 Participation Conditions; STIP Administration. The Governing Body and Participant acknowledge and agree that the Board will allow participation in STIP by and conduct STIP business with only those parties it determines are qualified and authorized to participate in the Program who abide by the Board’s policies, procedures, and participation requirements. The Governing Body and Participant understand that the Board administers the STIP Program subject to Montana law and prudent fiduciary practices as required by Montana law and Board policy and that the Board is legally charged to manage the Unified Investment Program, which includes STIP, in accordance with the prudent expert rule as set forth in Montana law. Section 2.06 STIP Not Insured Against Loss. The Governing Body and Participant understand and acknowledge that the Board’s STIP Program is NOT FDIC insured or otherwise insured or guaranteed by the federal government, the state of Montana, the Board, or any other entity against investment losses. ARTICLE III: EXHIBITS Section 3.01 Approval and Adoption of Exhibits A and B. Attached to this Resolution are Exhibit A, the STIP Participation Information Sheet, and Exhibit B, the Electronic Funds 61 R23-____ Approve STIP Participation Transfer Authorization Form, which together provide the instructions required by the Board to enable Participant’s participation in the STIP Program. The Governing Body and Participant represent that Exhibits A and B have been completed and executed by the Participant’s Authorized Representative and that Exhibits A and B must be complete and accepted by the Board before participation is allowed in the STIP Program. Exhibits A and B are hereby incorporated into and made a part of this Resolution and are approved and adopted by the Governing Body as if set forth fully herein. Introduced at a regular meeting of the City Council on the _____ day of March, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of March, 2023. APPROVED by the Mayor the _____ day of March, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 62 File Attachments for Item: 9. 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. 63 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; 64 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 65