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HomeMy WebLinkAboutCity Council Packet 06.13.2023 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JUNE 13, 2023 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R23-37 NEXT ORD. NO. O23-03 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 May 23, 2023. Correspondence 2. Police Monthly Report - May 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 Consent Calendar fo r 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 June 9, 2023. 4. Approval of Payroll Register for PPE 5/28/2023 totaling $236,482.94. 5. Council Workshop Minutes of June 6, 2023. Ceremonial Calendar Reports of Boards and Commissions 6. Budget/Finance Committee Minutes of May 23, 2023. 7. Emergency Services Committee Minutes of April 24, 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 8. Appointment of Joseph Mutchler to the Airport Authority for a five-year term ending June 30, 2028. 9. Appointment of Richard Klose to the Cemetery Commission for a two-year term ending June 30, 2025. 10. Appointment of Ken Olson to the Cemetery Commission for a two-year term ending June 30, 2025. 11. Appointment of Richard Herr to the City/County Planning Board for two-year terms ending June 30, 2025. 12. Appointment of Roger Giese to the City/County Planning Board for two-year terms ending June 30, 2025. 13. Appointment of Katie Fjelstad to the Library Board for a five-year term ending June 30, 2028. 14. Appointment of Wallace Hall to the Police Commission for a three-year term ending April 30, 2026. 15. Appointment of Michelle Mize to the Tree Board for a three-year term ending June 30, 2026. 16. Appointment of Riley McIlvain to the Laurel Volunteer Fire Department. 17. Resolution No. R23-37: A Resolution Of The City Council Authorizing The Mayor And The Clerk-Treasurer To Open A New Banking Account For Collection Of Fees For Riverside Park. 18. Resolution No. R23-38: A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement For Provision Of Fire Services By And Between The City Of Laurel And Yellowstone Boys And Girls Ranch. 19. Resolution No. R23-39: A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement For Provision Of Fire Services By And Between The City Of Laurel And Laurel Airport Authority. 20. Resolution No. R23-40: A Resolution Of The City Council Authorizing One-Year Extension Of Annexation Application For A One Acre Lot Located West Of 8th Avenue Between 1st And 2nd Streets Pursuant To The City Of Laurel’s Annexation Policy. 21. Resolution No. R23-41: A Resolution Of The City Council Authorizing The Mayor To Approve An Amendment To Task Order For The Project Known As The WTP Lift Well Replacement. 22. Resolution No. R23-42: A Resolution Of The City Council Notifying The Yellowstone County Election Administrator Of The City Of Laurel’s Desire To Conduct The 2023 City Primary (If Held) And The 2023 General Elections By Mail-In Ballot In Accordance With Mont. Code Ann. § 13-19-202. 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 2 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 3 File Attachments for Item: 1. Approval of Minutes of May 23, 2023. 4 5 6 7 File Attachments for Item: 2. Police Monthly Report - May 2023. 8 Page 1 of 5 Total Calls Printed on May 31, 2023 [CFS Date/Time] is between '2023-04-24 00:00' and '2023-05-22 23:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 16 16 : Agency Assist 73 73 : Alarm - Burglary 7 7 : Alarm - Fire 3 3 AMB : Ambulance 83 83 : Animal Complaint 11 11 : Area Check 9 9 : Assault 4 4 : Bad Checks 0 0 : Barking Dog 12 12 : Bomb Threat 0 0 : Burglary 0 0 : Child Abuse/Neglect 4 4 : Civil Complaint 16 16 : Code Enforcment Violation 16 16 : Counterfeiting 0 0 9 Page 2 of 5 Code : Description Totals : Criminal Mischief 6 6 : Criminal Trespass 7 7 : Cruelty to Animals 4 4 : Curfew Violation 3 3 : Discharge Firearm 2 2 : Disorderly Conduct 13 13 : Dog at Large 30 30 : Dog Bite 2 2 DUI : DUI Driver 4 4 : Duplicate Call 6 6 : Escape 0 0 : Family Disturbance 11 11 : Fight 4 4 FIRE : Fire or Smoke 24 24 : Fireworks 1 1 : Forgery 0 0 : Found Property 4 4 : Fraud 2 2 : Harassment 3 3 : Hit & Run 4 4 : Identity Theft 1 1 10 Page 3 of 5 Code : Description Totals : Indecent Exposure 0 0 : Insecure Premises 0 0 : Intoxicated Pedestrian 2 2 : Kidnapping 0 0 : Littering 0 0 : Loitering 5 5 : Lost or Stray Animal 23 23 : Lost Property 0 0 : Mental Health 3 3 : Missing Person 7 7 : Noise Complaint 10 10 : Open Container 0 0 : Order of Protection Violation 1 1 : Parking Complaint 11 11 : Possession of Alcohol 0 0 : Possession of Drugs 0 0 : Possession of Tobacco 0 0 : Privacy in Communications 1 1 : Prowler 0 0 : Public Assist 62 62 : Public Safety Complaint 6 6 11 Page 4 of 5 Code : Description Totals : Public Works Call 19 19 : Report Not Needed 2 2 : Robbery 0 0 : Runaway Juvenile 3 3 : Sexual Assault 0 0 : Suicide 0 0 : Suicide - Attempt 1 1 : Suicide - Threat 2 2 : Suspicious Activity 154 154 : Suspicious Person 5 5 : Theft 18 18 : Threats 8 8 : Tow Call 0 0 : Traffic Accident 20 20 : Traffic Hazard 2 2 : Traffic Incident 29 29 : TRO Violation 0 0 : Truancy 0 0 T/S : Traffic Stop 131 131 : Unattended Death 0 0 : Unknown - Converted 0 0 12 Page 5 of 5 Code : Description Totals : Unlawful Transactions w/Minors 0 0 : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 2 2 : Warrant 8 8 : Welfare Check 10 10 Totals 930 930 13 File Attachments for Item: 5. Council Workshop Minutes of June 6, 2023. 14 15 16 17 18 19 20 File Attachments for Item: 6. Budget/Finance Committee Minutes of May 23, 2023. 21 22 23 File Attachments for Item: 7. Emergency Services Committee Minutes of April 24, 2023. 24 25 26 27 28 29 30 31 32 33 34 35 File Attachments for Item: 8. Appointment of Joseph Mutchler to the Airport Authority for a five-year term ending June 30, 2028. 36 37 38 39 40 File Attachments for Item: 9. Appointment of Richard Klose to the Cemetery Commission for a two-year term ending June 30, 2025.  41 42 File Attachments for Item: 10. Appointment of Ken Olson to the Cemetery Commission for a two-year term ending June 30, 2025.  43 44 File Attachments for Item: 11. Appointment of Richard Herr to the City/County Planning Board for two-year terms ending June 30, 2025.  45 46 File Attachments for Item: 12. Appointment of Roger Giese to the City/County Planning Board for two-year terms ending June 30, 2025.  47 48 File Attachments for Item: 13. Appointment of Katie Fjelstad to the Library Board for a five-year term ending June 30, 2028.  49 50 File Attachments for Item: 14. Appointment of Wallace Hall to the Police Commission for a three-year term ending April 30, 2026. 51 52 File Attachments for Item: 15. Appointment of Michelle Mize to the Tree Board for a three-year term ending June 30, 2026. 53 54 File Attachments for Item: 16. Appointment of Riley McIlvain to the Laurel Volunteer Fire Department. 55 LAUREL FIRE DEPARTMENT 215 West 1st Street • Laurel, Mt •59044•Office 406.628.4911 • Fax 406.628.2185 May 17, 2023 Brittney, Please move forward with putting the following elected fire fighter in front of the Mayor and City Council.  Riley McIlvain JW Hopper Fire Chief Laurel Volunteer Fire Department (O) 406-628-4911 (C) 406-860-0782 jwhopper@laurel.mt.gov 56 File Attachments for Item: 17. Resolution No. R23-37: A Resolution Of The City Council Authorizing The Mayor And The Clerk-Treasurer To Open A New Banking Account For Collection Of Fees For Riverside Park. 57 R23-____ Approve Opening of New Bank Account for Collection of Fees for Riverside Park RESOLUTION NO. R23-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND THE CLERK-TREASURER TO OPEN A NEW BANKING ACCOUNT FOR COLLECTION OF FEES FOR RIVERSIDE PARK. WHEREAS, City of Laurel Clerk-Treasurer Kelly Strecker has advised that it is necessary to open a new banking account for funds related to fees for camping and other usage of Riverside Park; and WHEREAS, the Mayor and the Clerk-Treasurer are permitted to open new banking accounts for the City of Laurel upon City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana that the Mayor and the Clerk-Treasurer are hereby authorized to open a new banking account for collection of fees for Riverside Park. Introduced at a regular meeting of the City Council on the _____ day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of June, 2023. APPROVED by the Mayor the _____ day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 58 R23-____ Approve Opening of New Bank Account for Collection of Fees for Riverside Park APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 59 R23-37 Approve Opening of New Bank Account for Collection of Fees for Riverside Park RESOLUTION NO. R23-37 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND THE CLERK-TREASURER TO OPEN A NEW BANKING ACCOUNT FOR COLLECTION OF FEES FOR RIVERSIDE PARK. WHEREAS, City of Laurel Clerk-Treasurer Kelly Strecker has advised that it is necessary to open a new banking account for funds related to fees for camping and other usage of Riverside Park; and WHEREAS, the Mayor and the Clerk-Treasurer are permitted to open new banking accounts for the City of Laurel upon City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana that the Mayor and the Clerk-Treasurer are hereby authorized to open a new banking account for collection of fees for Riverside Park. Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 13th day of June, 2023. APPROVED by the Mayor the 13th day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 60 R23-37 Approve Opening of New Bank Account for Collection of Fees for Riverside Park APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 61 File Attachments for Item: 18. Resolution No. R23-38: A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement For Provision Of Fire Services By And Between The City Of Laurel And Yellowstone Boys And Girls Ranch. 62 R23-38 Approve Agreement for Provision of Fire Services for Yellowstone Boys and Girls Ranch RESOLUTION NO. R23-38 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR PROVISION OF FIRE SERVICES BY AND BETWEEN THE CITY OF LAUREL AND YELLOWSTONE BOYS AND GIRLS RANCH. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement for Provision of Fire Services for the Yellowstone Boys and Girls Ranch, by and between the City of Laurel and the Yellowst one Boys and Girls Ranch (hereinafter “the Agreement for Provision of Fire Services”), a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Agreement for Provision of Fire Services for the Yellowstone Boys and Girls Ranch on behalf of the City. Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 13th day of June, 2023. APPROVED by the Mayor the 13th day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 63 R23-38 Approve Agreement for Provision of Fire Services for Yellowstone Boys and Girls Ranch APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 64 1 AGREEMENT FOR PROVISION OF FIRE SERVICES FOR THE YELLOWSTONE BOYS AND GIRLS RANCH THIS AGREEMENT is made and entered into this 1st day of July, 2023, by and between the City of Laurel, Montana, a municipal corporation (hereinafter “the City”) and the Yellowstone Boys and Girls Ranch (hereinafter “YBGR”). W I T N E S S E T H WHEREAS, the City maintains the Laurel Volunteer Fire Department (hereinafter “the LVFD”) and is willing to provide fire protection, prevention, and investigation services to properties within YBGR at the same level as such services are provided to properties within the limits of the City, upon the terms and conditions hereinafter provided; WHEREAS, attached hereto and by this reference made a part hereof, is YBGR’s boundary description and map; WHEREAS, YBGR desires to obtain the said fire services from the City by entering into a contract with the City for such services. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. SERVICES The City will furnish the following services to properties and residents within YBGR at the same level as such services are provided to properties and residents within the limits of the Fire Districts served by the City: a. fire protection and suppression; b. fire prevention; and c. fire investigations. The City further agrees to provide grassland, rangeland, and timberland fire protection services to properties located within YBGR, at the same level as such services are provided to properties and residents within the limits of the Fire Districts served by the City. It is mutually covenanted, agreed, and understood that the amount of equipment, the type of equipment, the number of personnel dispatched, the manner of fighting the fire or explosion, etc., shall be in the sole discretion of the City and its personnel. It is further mutually covenanted, agreed, and understood that, in the event fire, explosion, or emergency calls shall occur simultaneously in YBGR and within the City’s municipal boundaries, the City shall have priority in using its equipment and manpower to protect the City property first, and that protection of City inhabitants and property shall have preference and priority over any call or demand of YBGR. 65 2 It is further mutually covenanted, agreed, and understood that the Chief of the LVFD shall conduct the investigation of all fires and/or explosions within the organized fire district and be independently responsible for determining the cause, origin, and circumstances of the same. YBGR agrees to cooperate with the City and the LVFD in the inspection of the property to be protected and to cooperate in reducing fire risks as may be suggested from time to time by LVFD personnel and/or the City and/or State Fire Inspector. 2. SERVICE AREA Fire services will be provided to all properties located within the boundaries of YBGR as specified in the Agreement, and as amended from time to time by agreement of the parties. Any enlargement of YBGR will not receive fire service unless approved in writing by the City. The hydrants and water system used for fire suppression by the City will be the sole responsibility for maintenance, care, and upkeep of YBGR. 3. EFFECTIVE This Agreement shall be effective on July 1, 2023, and shall terminate on June 30, 2024, subject to the provisions of Section 4. 4. RENEWAL AND EXTENSION This Agreement may be renewed, with the terms and conditions of the renewal Agreement to be as mutually agreed upon by the parties or, prior to expiration, this agreement may be extended for one or more thirty-day period(s) to provide the parties the opportunity to negotiate a new agreement. The parties may extend the agreement in writing, accepted and signed by both the City’s Mayor and an authorized official/agent of YBGR. 5. CHARGES AND PAYMENTS The fees for providing services for this Agreement shall be: July 1, 2023 - June 30, 2024: $13,640.94 One-half of the said fees shall be paid on or before December 31, 2023. The remaining one-half shall be paid on or before June 30, 2024. 6. ANNUAL REPORT The City will furnish an annual written report to YBGR, which will include the number and type of incidents responded to within YBGR by City personnel. 7. MODIFICATION This Agreement cannot be modified or amended except in writing executed by the parties. 8. TERMINATION 66 3 Termination of this Agreement occurs either 1) upon mutual agreement of the parties or 2) upon the termination date contemplated herein. If either party wishes to terminate this Agreement before the termination date, such party shall give written notice to the other party to respond, with the other party’s consent or objection, no less than thirty (30) days before the proposed termination. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF LAUREL YELLOWSTONE BOYS AND GIRLS RANCH ____________________________ By______________________________________ Dave Waggoner, Mayor ATTEST: _____________________________ Kelly Strecker, Clerk-Treasurer 67 File Attachments for Item: 19. Resolution No. R23-39: A Resolution Of The City Council Authorizing The Mayor To Execute The Agreement For Provision Of Fire Services By And Between The City Of Laurel And Laurel Airport Authority. 68 R23-39 Approve Agreement for Provision of Fire Services for Laurel Airport Authority RESOLUTION NO. R23-39 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR PROVISION OF FIRE SERVICES BY AND BETWEEN THE CITY OF LAUREL AND LAUREL AIRPORT AUTHORITY. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement for Provision of Fire Services for the Laurel Airport Authority, by and between the City of Laurel and the Laurel Airport Authority (hereinafter “the Agreement for Provision of Fire Services”), a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Agreement for Provision of Fire Services for the Laurel Airport Authority on behalf of the City. Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 13th day of June, 2023. APPROVED by the Mayor the 13th day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 69 R23-39 Approve Agreement for Provision of Fire Services for Laurel Airport Authority APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 70 1 AGREEMENT FOR PROVISION OF FIRE SERVICES FOR THE LAUREL AIRPORT AUTHORITY THIS AGREEMENT is made and entered into this 1st day of July, 2023, by and between the City of Laurel, Montana, a municipal corporation (hereinafter “the City”) and the Laurel Airport Authority (hereinafter “the Laurel Airport Authority”). W I T N E S S E T H WHEREAS, the City maintains the Laurel Volunteer Fire Department (hereinafter “the LVFD”) and is willing to provide fire protection, prevention, and investigation services to properties within the Laurel Airport Authority at the same level as such services are provided to properties within the limits of the City, upon the terms and conditions hereinafter provided; WHEREAS, attached hereto and by this reference made a part hereof, is the Laurel Airport Authority boundary description and map; WHEREAS, the Laurel Airport Authority desires to obtain the said fire services from the City by entering into a contract with the City for such services. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. SERVICES The City will furnish the following services to properties and residents within the Laurel Airport Authority at the same level as such services are provided to properties and residents within the limits of the Fire Districts served by the City: a. fire protection and suppression; b. fire prevention; and c. fire investigations. The City further agrees to provide grassland, rangeland, and timberland fire protection services to properties located within the Laurel Airport Authority, at the same level as such services are provided to properties and residents within the limits of the Fire Districts served by the City. It is mutually covenanted, agreed, and understood that the amount of equipment, the type of equipment, the number of personnel dispatched, the manner of fighting the fire or explosion, etc., shall be in the sole discretion of the City and its personnel. It is further mutually covenanted, agreed, and understood that, in the event fire, explosion, or emergency calls shall occur simultaneously in the Laurel Airport Authority and within the City’s municipal boundaries, the City shall have priority in using its equipment and manpower to protect the City property first, and that protection of City inhabitants and property shall have preference and priority over any call or demand of the Laurel Airport Authority. 71 2 It is further mutually covenanted, agreed, and understood that the Chief of the LVFD shall conduct the investigation of all fires and/or explosions within the organized fire district and be independently responsible for determining the cause, origin, and circumstances of the same. The Laurel Airport Authority agrees to cooperate with the City and the LVFD in the inspection of the property to be protected and to cooperate in reducing fire risks as may be suggested from time to time by LVFD personnel and/or the City and/or State Fire Inspector. 2. SERVICE AREA Fire services will be provided to all properties located within the boundaries of the Laurel Airport Authority as specified in the Agreement, and as amended from time to time by agreement of the parties. Any enlargement of the Laurel Airport Authority will not receive fire service unless approved in writing by the City. The hydrants and water system used for fire suppression by the City will be the sole responsibility for maintenance, care, and upkeep of the Laurel Airport Authority. 3. EFFECTIVE This Agreement shall be effective on July 1, 2023, and shall terminate on June 30, 2024, subject to the provisions of Section 4. 4. RENEWAL AND EXTENSION This Agreement may be renewed, with the terms and conditions of the renewal Agreement to be as mutually agreed upon by the parties or, prior to expiration, this agreement may be extended for one or more thirty-day period(s) to provide the parties the opportunity to negotiate a new agreement. The parties may extend the agreement in writing, accepted, and signed by both the City’s Mayor and an authorized official/agent of the Laurel Airport Authority. 5. CHARGES AND PAYMENTS The fees for providing services for this Agreement shall be: July 1, 2023 - June 30, 2024: $6,620.68 One-half of the said fees shall be paid on or before December 31, 2023. The remaining one-half shall be paid on or before June 30, 2024. 6. ANNUAL REPORT The City will furnish an annual written report to the Laurel Airport Authority, which will include the number and type of incidents responded to within the Laurel Airport Authority by City personnel. 72 3 7. MODIFICATION This Agreement cannot be modified or amended except in writing executed by the parties. 8. TERMINATION Termination of this Agreement occurs either 1) upon mutual agreement of the parties or 2) upon the termination date contemplated herein. If either party wishes to terminate this Agreement before the termination date, such party shall give written notice to the other party to respond, with the other party’s consent or objection, no less than thirty (30) days before the proposed termination. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF LAUREL LAUREL AIRPORT AUTHORITY ____________________________ By______________________________________ Dave Waggoner, Mayor ATTEST: _____________________________ Kelly Strecker, Clerk-Treasurer 73 File Attachments for Item: 20. Resolution No. R23-40: A Resolution Of The City Council Authorizing One-Year Extension Of Annexation Application For A One Acre Lot Located West Of 8th Avenue Between 1st And 2nd Streets Pursuant To The City Of Laurel’s Annexation Policy. 74 R23-40 Approve One-Year Extension of Annexation Application RESOLUTION NO. R23-40 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING ONE-YEAR EXTENSION OF ANNEXATION APPLICATION FOR A ONE ACRE LOT LOCATED WEST OF 8TH AVENUE BETWEEN 1ST AND 2ND STREETS PURSUANT TO THE CITY OF LAUREL’S ANNEXATION POLICY. WHEREAS, pursuant to Resolution No. R22-01, the City of Laurel City Council approved the request of Property Owner Lance Hull (hereinafter “the Property Owner”) to file an Annexation Application with City Staff seeking formal annexation to the City; and WHEREAS, the request to file an Annexation Application applies to a one (1) acre parcel of property located west of 8th Avenue, between 1st and 2nd Streets (hereinafter “the Property”); and WHEREAS, the Property Owner needs an extension of time to file the Annexation Application, due to circumstances beyond his control; and WHEREAS, the City is permitted to extend the Property Owner’s time to file the Annexation Application upon approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana that Resolution No. R22-01 is hereby amended to reflect that the Property Owner is granted a one (1) year extension of time, from the date of this Resolution, to file an Annexation Application with City Staff seeking formal annexation of the Property to the City. Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 13th day of June, 2023. APPROVED by the Mayor the 13th day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 75 R23-40 Approve One-Year Extension of Annexation Application ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 76 77 File Attachments for Item: 21. Resolution No. R23-41: A Resolution Of The City Council Authorizing The Mayor To Approve An Amendment To Task Order For The Project Known As The WTP Lift Well Replacement. 78 R23-41 Approve Amendment to Task Order for Project Known as The WTP Lift Well Replacement RESOLUTION NO. R23-41 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO APPROVE AN AMENDMENT TO TASK ORDER 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. Amendment No. 1 to Task Order No. 2004-01487 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 Amendment No. 1 to Task Order No. 2004-01487 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 13th day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 13th day of June, 2023. APPROVED by the Mayor the 13th day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 79 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT K, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services – Task Order Edition dated December 5, 2017. Amendment No. 1 To Task Order No. 2004-01487 1.Background Data: a.Effective Date of Task Order:January 26, 2023 b.Owner:City of Laurel c.Engineer:KLJ Engineering LLC d.Specific Project: Water Treatment Plant Lift Well Replacement Project 2.Description of Modifications a.Engineer shall perform the following Additional Services: RPR Services, from March 14 – March 31, 2023 3.Task Order Summary (Reference only) a.Original Task Order amount:$139,292.00 b.Net change for prior amendments:$ 0.00 c.This amendment amount:$ 7,108.62 d.Adjusted Task Order amount:$146,400.62 The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is March 14, 2023. OWNER: ENGINEER: KLJ Engineering LLC By: By: Title: Title: Luke LaLiberty Date Signed: Date Signed: June 1, 2023 80 File Attachments for Item: 22. Resolution No. R23-42: A Resolution Of The City Council Notifying The Yellowstone County Election Administrator Of The City Of Laurel’s Desire To Conduct The 2023 City Primary (If Held) And The 2023 General Elections By Mail-In Ballot In Accordance With Mont. Code Ann. § 13-19-202. 81 R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail-In Ballot RESOLUTION NO. R23-42 A RESOLUTION OF THE CITY COUNCIL NOTIFYING THE YELLOWSTONE COUNTY ELECTION ADMINISTRATOR OF THE CITY OF LAUREL’S DESIRE TO CONDUCT THE 2023 CITY PRIMARY (IF HELD) AND THE 2023 GENERAL ELECTIONS BY MAIL-IN BALLOT IN ACCORDANCE WITH MONT. CODE ANN. § 13-19-202. WHEREAS, voter turnout in City of Laurel elections has historically been low; and WHEREAS, Montana law provides a method for conducting mail-in ballot elections for local elections; and WHEREAS, mail-in ballot elections statistically increase voter turnout in elections; and WHEREAS, the Yellowstone County Election Administrator, K. V. "Ginger" Aldrich, informed the City that the costs of conducting a mail-in ballot are always going to be less than the costs of conducting a polling place election; and WHEREAS, mail-in ballot elections remove barriers that keep people from getting to the polls, give people more time to study candidates and issues, and have built-in safeguards that increase the integrity of the election process; and WHEREAS, the City may hold a Primary Election on September 12, 2023, as required by Mont. Code Ann. § 13-1-104(2); and WHEREAS, Mont. Code Ann. § 13-14-115(2) provides that: (a) The election administrator of the political subdivision may determine that a local nonpartisan portion of a primary election need not be held if (i) the number of candidates for an office exceeds three times the number to be elected to that office in no more than one-half of the offices on the ballot; and (ii) the number of candidates in excess of three times the number to be elected is not more than one for any office on the ballot. (b) The election administrator may determine that a primary election for a nonpartisan County office need not be held if fewer than three candidates have filed for that office. (c) If the election administrator determines that a primary election be held pursuant to subsection (2)(a) or (2)(b), the election administrator shall conduct the primary election only for the nonpartisan offices that have a sufficient number of candidates that have filed to be elected to that office. 82 R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail-In Ballot (d) If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a), (2)(b), or (2)(c) for a nonpartisan office, the administrator shall give notice to the governing body that a primary election will not be held for that office; and WHEREAS, Mont. Code Ann. § 13-14-115(3) states a governing body may require that a primary election be held if it passes a resolution not more than 10 days after the close of filing by candidates for election stating that a primary election must be held; and WHEREAS, the City of Laurel will hold a General Election on November 7, 2023, as required by Mont. Code Ann. § 13-1-104(3); and WHEREAS, the City of Laurel’s General Election will include the election of several City Council Members, as well as an Emergency Response Services Mill Levy; and WHEREAS, pursuant to Mont. Code Ann. § 13-19-104, such elections can be conducted by a mail-in ballot election and the Yellowstone County Election Administrator has determined that a mail-in ballot election conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, MCA, is in the best interests of the City and the electors thereof, and pursuant to Mont. Code Ann. § 13-19-202, the City of Laurel may notify the Yellowstone County Election Administrator of its intent to conduct a mail-in ballot election; and WHEREAS, the Election Administrator shall prepare a written plan, including a timetable, for the conduct of the elections and shall submit it to the Secretary of State at l east 60 days prior to the date set for the election in accordance with Mont. Code Ann. § 13-19-205; and WHEREAS, pursuant to Mont. Code Ann. § 13-1-302, all costs of the regularly scheduled primary and general elections shall be paid by the counties and other political subdivisions for which the elections are held, and each political subdivision shall bear its proportionate share of the costs as determined by the County governing body; and WHEREAS, the Office of the County Election Administrator will serve as the place of deposit for ballots within the City limits, and electors who wish to mark their ballot in-person may do so at the Office of the County Election Administrator and deposit their ballot with the election officials at that location; and WHEREAS, the Election Administrator will have an ADA accessible voter interface device available for disabled electors to mark their ballot independently, privately, and securely at the Office of the County Election Administrator; and WHEREAS, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and no later than the 15th day before Election Day and all ballots must be mailed the same day in accordance with Mont. Code Ann. § 13-19-207. 83 R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail-In Ballot NOW, THEREFORE, BE IT RESOLVED b y the City Council of the City of Laurel, that the City of Laurel hereby notifies the Yellowstone County Election Administrator of the City's desire to conduct the 2023 City Primary (if held) and the 2023 General Election (including election of City Council Members and approval/disapproval of an Emergency Services Mill Levy) by mail-in ballot in accordance with Mont. Code Ann. § 13-19-202; and BE IT FURTHER RESOLVED THAT, except as provided in Mont. Code Ann. § 13- 19-204, the decision to conduct an election under the provisions of Mont. Code Ann. § 13-19- 202 is within the sole discretion of the Election Administrator; and BE IT FURTHER RESOLVED THAT, the City of Laurel Clerk-Treasurer is hereby directed to forward a certified copy of this Resolution to the Yellowstone County Election Administrator in accordance with the provisions of Mont. Code Ann. § 13-19-202; and BE IT FURTHER RESOLVED THAT, within five (5) days of receiving this request, the Election Administrator shall respond to the City of Laurel Clerk-Treasurer in writing stating that this request is either granted or denied for reasons specified, and if granted, the Election Administrator shall prepare a plan as provided in Mont. Code Ann. § 13-19-205. Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 13th day of June, 2023. APPROVED by the Mayor the 13th day of June, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 84 R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail-In Ballot APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 85