The URL can be used to link to this page

Home My WebLink AboutCouncil Workshop Packet 07.18.2023 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, JULY 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. Appointment to Laurel Urban Renewal Agency Advisory Board for the remainder of a two- year term ending December 31, 2023. Executive Review 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The First Amendment To Right Of Entry And Use Agreement By And Between The City Of Laurel And Montana Rail Link, Inc. 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 Street, Laurel, Montana. DATES TO REMEMBER 1 File Attachments for Item: 1. Appointment to Laurel Urban Renewal Agency Advisory Board for the remainder of a two- year term ending December 31, 2023. 2 From:MARDIE SPALINGER To:City Mayor Cc:Brittney Moorman Subject:LURA Advisory Board Vacancy Date:Saturday, July 8, 2023 10:08:41 AM Importance:High To whom it may concern: Regarding Linda Frickels resignation from the Lura Advisory Board, I would like to volunteer for the opening. I was a member of the voting board in the past, however, I had to resign due to health problems. Since then my health has improved and I’m ready to volunteer once again. Thank you, Mardie Spalinger 3 File Attachments for Item: 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The First Amendment To Right Of Entry And Use Agreement By And Between The City Of Laurel And Montana Rail Link, Inc. 4 R23-44 Approve Amendment to Use Agreement with Montana Rail Link, Inc. RESOLUTION NO. R23-___ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO RIGHT OF ENTRY AND USE AGREEMENT BY AND BETWEEN THE CITY OF LAUREL AND MONTANA RAIL LINK, INC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The First Amendment to Right of Entry and Use Agreement by and between the City of Laurel and Montana Rail Link, Inc., a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the First Amendment to Right of Entry and Use Agreement by and between the City of Laurel and Montana Rail Link, Inc., on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of July, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of July, 2023. APPROVED by the Mayor the _____ day of July, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 5 July3rd DocuSign Envelope ID: D6FCAC4D-A183-4F1A-A333-D177408A137F 6 DocuSign Envelope ID: D6FCAC4D-A183-4F1A-A333-D177408A137F 7 DocuSign Envelope ID: D6FCAC4D-A183-4F1A-A333-D177408A137F Vice President Finance & Accounting 8 ±Sca le:1:1,128 R i v e r s i d e P a r k S t a g i n gRiverside P a r k S t a g i n g 0 0.01 0.02 0.03 0.04 0.05 Mile s EXHIBIT A MRLC23-115 Portion of Riverside Park in Laurel, Montana utilized by MRL is depicted by red outline. 9 1 First Amendment to MRLC23-115 FIRST AMENDMENT TO RIGHT OF ENTRY AND USE AGREEMENT This First Amendment to Right of Entry and Use Agreement (“Amendment”) is entered into this day of _______________, 2023, by and between Montana Rail Link, Inc. (“MRL”) and the City of Laurel (“CITY”). WHEREAS, MRL and CITY entered into contract number MRLC23-115 on or around July 3, 2023 (the “Agreement”); and WHEREAS, MRL and CITY desire to amend the Agreement according to the terms and conditions contained in this Amendment. NOW THEREFORE, in consideration of the mutual covenants contained herein, MRL and CITY agree as follows: 1. MRL and CITY acknowledge and agree that on or around July 11, 2023, MRL requested CITY permission to access and use an additional portion of CITY property within Riverside Park, more particularly described in Exhibit B attached hereto (the “Additional Property”), as part of MRL’s response and restoration efforts related to a Derailment (defined in the Agreement). 2. CITY agrees, commencing July 12, 2023, to grant MRL and its contractor(s) access to the Additional Property, subject to all terms and conditions of the Agreement. CITY further agrees to allow MRL to stage lined roll-off waste bins within the Additional Property area. 3. Effective July 12, 2023, the Additional Property shall be considered part of the Property defined in the Agreement. 4. Section II of the Agreement shall be deleted in its entirety and replaced with the following language. MRL and CITY acknowledge and agree that the replacement language herein reflects an increase in the per-day fee due to the CITY for MRL’s occupation of the Property. II. Fee MRL shall tender payment to CITY in the amount of Five Hundred Dollars ($500.00) per day for each day that MRL and/or its consultants, contractors, or invitees occupy the Property, for MRL’s use of the Property from June 30, 2023 through July 11, 2023. Effective July 12, 2023, MRL shall tender payment to CITY in the amount of One Thousand Three Hundred Dollars ($1,300.00) per day for each day that MRL and/or its consultants, contractors, or invitees occupy the Property. 10 2 First Amendment to MRLC23-115 MRL shall tender payment to CITY, in an amount corresponding to the current accumulated per-day fee, on a monthly basis, until the expiration of the term of this Agreement. 5. All other terms and conditions contained in the Agreement not modified by this Amendment shall remain unchanged and in full force and effect. [Signatures to follow] IN WITNESS WHEREOF, MRL and CITY have caused this Amendment to be executed as of the day and year first written above. MONTANA RAIL LINK, INC. CITY OF LAUREL (“MRL”) (“CITY”) By: By: Its: Vice President of Finance & Accounting Its: 11