HomeMy WebLinkAboutCouncil Workshop Minutes 05.02.2023MINUTES
CITY OF LAUREL
1• r �
A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner
at 6:30 p.m. on May 2, 2023.
Emelie Eaton
Heidi Sparks
Michelle Mize
_x_
_x_ Richard Herr
_x_ Casey Wheeler
_x_ Iry Wilke
_x_ Richard Klose
_x Jodi Mackay
OTHERS PRESENT:
Michele Braukmann, Civil City Attorney
Brittney Moorman, Council Administrative Assistant
Kurt Markegard, Planning Director
Ryan Welsh, KLJ
Public Input:
There were none.
General Items
Poppy Day Proclamation
There was no discussion on the agenda item.
Executive Review
2. Resolution - A Resolution Of The City Council Approving Amendments To
Appropriations And Revenues For The City Of Laurel's Fiscal Year 2022-2023 Budget.
It was questioned if these were revenues that were unexpected in General Fund.
It was clarified that one is a revenue adjustment, and one is an expenditure adjustment. They are
for this fiscal year.
3. Resolution - A Resolution Of The City Council Authorizing The City Of Laurel -
Yellowstone City -County Planning Board To Work With City Staff To Prepare
Comprehensive Updates To The City Of Laurel's Growth Management Plan.
The County Commissioners tasked the City/County Planning Board with updating the Growth
Management Plan, and it needs to be for the Laurel Planning jurisdiction, not the City of Laurel.
This resolution is to task the City/County Planning Board with the task so that City Council and
the County Commissioners can adopt it simultaneously.
Council Issues
4. Council Workshop Scheduled July 4th.
Council asked that the July 4"' meeting be moved to July 11`t' at 6:30 p.m., with City Council
Meeting to follow directly.
5. Savage Cat Rescue Presentation
Laurie Savage Howard, with Savage Cat Rescue, presented the attached PowerPoint.
It was questioned if cats are chipped during the TNVR process, and it was clarified that friendly
cats are chipped.
Council noted that many vaccinations only last for one to three years. It was questioned are these
cats retrapped to be vaccinated again. It was clarified that the average lifespan of an outdoor cat
is three to five years. Right now, the focus is on getting the initial vaccinations. Once a cat is
trapped, they don't like to be retrapped.
It was questioned if the rescue took pictures of the cats to identify them. It was clarified they do
take pictures upon intake. They use a database called rescuregroups.org to keep hack of the cats
they trap.
Mindy Bausch, 1845 Paynes Place, stated she moved onto their property in 2012. They had
burned a brush pile, and unbeknownst to them, there was a litter of kittens in the pile, which
were all killed. At that time, she took it upon herself to catch all the feral cats in the area and take
them in to get spayed or neutered and get current on their vaccinations. She cared for 17 cats; of
those 17, only one remains.
Chloe Finn moved into an apartment in 2021. She didn't think the cat problem was her problem.
However, that first year two kittens were killed because of cars. She is a college student and
can't take care of all the cats. She started working with Savage Cat Rescue, and they went from
20 cats down to no cats by doing the TNVR process.
Mayor Waggoner read the attached letter of support for Savage Cat Rescue.
Council noted the ask was for $3,500. It was clarified that this was correct. It is 1/3 the overall
expense to take care of the cats within Laurel.
Other Items
0 Resolution — Small Service Contract with True North
The State requires the use of flowable fill, and it was not included in the original estimate. This
small service contract is to cover the additional costs associated with the flowable fill.
• Resolution — Preliminary Engineering Report
Ryan Welsh, KLJ, presented the attached PowerPoint to Council.
It was questioned what the life expectancy is for the booster stations, and it was clarified they are
engineered for a 20 -year life. However, the current booster stations have lasted 25 to 30 years.
There will, however, be annual maintenance.
It was questioned if all the options provided for the growth of the City. It was clarified that the
new reservoir was engineered to accommodate growth for the next 50 years.
The recommendations presented tonight mirror the recommendations presented to the Public
Works Committee in January of this year.
It was questioned if the airport could receive water from this new reservoir. It was clarified that
the airport would be located above this water reservoir, and it is not cost-effective to build water
out to the airport at this time.
This reservoir will resolve the pressure issues in Murray Heights and Elena subdivisions. It will
also allow for growth. This design allows for two established pressure zones. It was further
clarified that having a 2nd reservoir will allow for redundancy to allow for maintenance to be
done on the fust reservoir.
Attendance at Upcoming Council Meeting
All Council Members present will attend next week's City Council meeting.
Announcements
Park Board's next meeting will be Thursday at 5:30 p.m. in Council Conference Room.
The council workshop adjourned at 7:50 p.m.
Respectfull
Brittney Moorman
Council Administrate Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
pRVe WPOOOM'
Mayor
City of Laurel, Montana
(406) 628-8456 extension 5501
From: Karen Madsen <kkmadsen44@yahoo.com>
Sent: Tuesday, May 2, 2023 4:31 PM
To: City Mayor <citymayor@laurel.mt.gov>
Subject: Support for Savage Cat rescue ( on the city council agenda tonight 5/2)
May 2, 2023
Dear Mr. Mayor:
I was planning to attend your work session this evening; however, I may not be able
to attend after all. I am sending your this letter as my replacement. Please read it at
the appropriate time during the meeting, if possible. If that isn't an option, please
acknowledge receipt of my letter. Thank you.
I met Lorie Howard in September 2021. 1 noticed numerous cats in my
neighborhood, and suddenly, I started seeing little ones. I contacted Savage Cat Rescue
for possible help, and she did not hesitate. She put me on her LIST and would come as
soon as possible. She had so many people needing help, that she had a LIST!
I write this letter to indicate my total support of Savage Cat Rescue and Lorie's
request for support from the city of Laurel. From my perspective, Lorie has done more to
help the feral cat population in Laurel than anyone else. She has been at my residence
over a dozen times trapping cats. Once in awhile she leaves a trap and goes to check
on another trap somewhere else, but usually she stays for hours waiting patiently for
one of the ferals to eat her scumptious food so she can take "it" for a ride to her vet.
She is very dedicated (and good) at what she does to help cats and kittens. I know
numerous rescue directors, and Lorie is equal to all of them.
I am not a cat owner; however, I have become a "caretaker". I spend $20.00 or more
weekly feeding feral cats. They need to eat just as we all do. I'm sure Lorie has spend
many, many more of her own dollars helping cats and kitties.
Most rescues are overwhelmed with a variety of animals; however, kitty season is
here and only a small number of rescues are able to help with the problem. Lorie has
1
been and still is committed to helping Laurel with its feral cat population. If anyone
doubts that we have a problem, just look at the numbers Lorie has recorded.
As a citizen and taxpayer of Laurel, Mt. I urge and encourage you to assist Savage
Cat Rescue as Lorie has requested. Thank you for your time, Mayor and Council.
Sincerely,
Karen Madsen
1303 East 6th Street #9
Laurel, Mt 59044
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1911101 9,01111H 01301 WOL111011 t tKIT" All V 191
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 True North Contracting, 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 True North Contracting on behalf of the City.
Introduced at a regular meeting of the City Council on the day of May, 2023, by
Council Member
PASSED and APPROVED by the City Council of the City of Laurel the day of
May, 2023.
APPROVED by the Mayor the day of May, 2023.
CITY OF LAUREL
Dave Waggoner, Mayor
ATTEST:
Kelly Strecker, Clerk -Treasurer
MaoZi 90117�T.` 01we] "
Michele L. Braukmann, Civil City Attorney
R23- Approve Independent Contractor Service Contract by and between the City of Laurel and True North
Contracting
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 91h day of May 2023, between the City of Laurel, a
municipal corporation organized and existing under the laws of the State of Montana whose address is
P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and True North Contracting, a
contractor licensed to conduct business in the State of Montana, whose address is 9431 Anglers Way
Billings, MT 59101, hereinafter referred to as "Contractor".
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated April 25, 2023, attached hereto as Exhibit "A" and by this reference made
part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor
shall complete the services within 60 days of commencing work. The parties may extend the term of
this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the
specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and
Exhibit "A".
SECTION Two
CONTRACT PRICE
Payment. City shall pay Contractor six thousand seven hundred and seventy-five dollars and no cents
($6,775.00) for the work described in Exhibit A. Any alteration or deviation from the described work
that involves extra costs must be executed only upon written request by the City to Contractor and will
become an extra charge over and above the contract amount. The parties must agree to extra payments
or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all
charges.
SECTION THREE
CITY'S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City's personnel policies or handbook and
shall not be considered a City employee for workers' compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub -
Page 1 of 5
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
results of this contract. Contractor is solely responsible for all work and work product under this
contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct
the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall
maintain workers' compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39-71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is
paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and
nonconforinities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City's written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and replacement, to correct the defective or
nonconforming condition within a time frame acceptable to the City and at no additional cost to the
City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such
defective or nonconforming condition has been corrected. Contractor warrants the corrective action
taken against defective and nonconforming conditions for a period of an additional one (1) year from
the date of City's acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of the
types and character of equipment necessary for the work, the types of materials needed and the sources
of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor's risk, and Contractor shall promptly repair or replace all darnage
and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided,
however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of
such loss shall be placed on the City.
Page 2 of 5
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor's
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out of or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non -defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand -delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
Page 3 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party's attorney's fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party's authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
Page 4 of 5
SIGNED AND AGREED BY BOTH PARTIES ON THE 9"' DAY OF MAY 2023.
CITY OF LAUREL
Dave Waggoner, Mayor
ATTEST:
Kelly Strecker, Clerk/Treasurer
5 of 5
CONTRACTOR
True North Contracting
Employer Identification Number
N
5-C-171IFT-VOW ff NO
SAIRMSEMIK11-
City Of Laurel
P.O. Box 10
Laurel, MT
59044
Due on receipt
V EA 81 WI. IR 1 4
WHEREAS, the City of Laurel (hereinafter "the City") was in need of an updated Water
System Preliminary Engineering Report (hereinafter "Water System PER");
WHEREAS, the City retained KLJ Engineering, Inc. (hereinafter "KLJ") to complete
the updated Water System PER; and
WHEREAS, KLJ has completed the updated Water System PER and presented the
findings in a public manner, open to public comment.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. Approval. The updated Water System PER, attached hereto and incorporated by
reference herein, is hereby accepted and approved by the City Council.
2. Execution. The Mayor and the Clerk -Treasurer of the City of Laurel are hereby given
authority to accept and execute the attached Water System PER on behalf of the City
of Laurel.
3. Effective Date. The effective date for the approval is upon adoption of this Resolution.
4. Basis. The Water System PER shall hereinafter serve as the basis for the City's water
system improvements planning.
Introduced at a regular meeting of the City Council on the day of May, 2023, by
Council Member
PASSED and APPROVED by the City Council of the City of Laurel the day of
May, 2023.
APPROVED by the Mayor the
R23- Approve and Adopt Water System PER
day of May, 2023.
CITY OF LAUREL
Dave Waggoner, Mayor
ATTEST:
Kelly Strecker, Clerk -Treasurer
APPROVED AS TO FORM:
Michele L. BraUkrnann, Civil City Attorney
R23- Approve and Adopt Water System PER