HomeMy WebLinkAboutCity Council Packet 08.08.2023
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, AUGUST 08, 2023
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R23-47
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 July 25, 2023.
Correspondence
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 for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
2. Claims entered through August 4, 2023.
3. Approval of Payroll Register for PPE 7/23/2023 totaling $215,277.43.
4. Council Workshop Minutes of July 18, 2023.
Ceremonial Calendar
Reports of Boards and Commissions
5. Budget/Finance Committee Minutes of July 25, 2023.
6. Cemetery Commission Minutes of July 18, 2023.
7. Emergency Services Committee Minutes of June 26, 2023.
8. Tree Board Minutes of June 15, 2023.
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
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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
9. Resolution No. R23-47: Resolution Approving Agreement Regarding School Resource Officier
Program By And Between The City Of Laurel And Laurel Public Schools, District 7 & 7-70.
10. Resolution No. R23-48: Resolution Authorizing Participation In The Board Of Investments Of
The State Of Montana Annual Adjustable Rate Municipal Finance Consolidation Act
Extendable Bond (Intercap Loan Program), And Authorizing The Execution And Delivery Of
Documents Related Thereto.
11. Resolution No. R23-49: Resolution Authorizing Participation In The Board Of Investments Of
The State Of Montana Annual Adjustable Rate Municipal Finance Consolidation Act
Extendable Bond (Intercap Loan Program), And Approving The Form And Terms Of The Loan
Agreement And Authorizing The Execution and Delivery of Documents Related Thereto.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
1. Approval of Minutes of July 25, 2023.
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File Attachments for Item:
4. Council Workshop Minutes of July 18, 2023.
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File Attachments for Item:
5. Budget/Finance Committee Minutes of July 25, 2023.
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File Attachments for Item:
6. Cemetery Commission Minutes of July 18, 2023.
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File Attachments for Item:
7. Emergency Services Committee Minutes of June 26, 2023.
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File Attachments for Item:
8. Tree Board Minutes of June 15, 2023.
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Minutes
City of Laurel
Tree Board
6/15/23
Council Conference Room
Attending: Matt Wheeler, Michelle Mize, Paul Kober, Phyllis Bromgard Phone: LuAnne Engh
Guest Speaker: Scott Meyers – Billings Arborist
1. Public Input
a.
2. General Items
a. April minutes approved – May meeting was the Arbor Day celebration
b. Scott Meyers – Shared and update on DNRC grants available to all cities up to
$15,000. He would help us apply for them. He also suggested we join the MUFA –
Montana Urban Community Forestry Association. Most cities on listed and share
ideas and projects that work for their communities. Individual membership is $25
annually, $100 for cities.
c.
3. Old Business
a. The LURA committee has started meeting again. There is also the downtown
committee that wants to improve the downtown storefronts . We should look at
the larger DNRC Urban Forestry grant to help improve trees.
b. The city is committed to the Splash Pad. $150K is raised, ground is ready. Delay
due to the early rains that caused the contractor to move on to another job.
4. Other Items
a. Volunteer hours – Keep your hours for all meetings, time spent on Arbor Day or any
other project.
Next meeting Thursday, August 3, 4:30 Council Conference room
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File Attachments for Item:
9. Resolution No. R23-47: Resolution Approving Agreement Regarding School Resource
Officier Program By And Between The City Of Laurel And Laurel Public Schools, District 7 &
7-70.
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R23-__ Approve SRO Agreement
RESOLUTION NO. R23-47
RESOLUTION APPROVING AGREEMENT REGARDING SCHOOL RESOURCE
OFFICER PROGRAM BY AND BETWEEN THE CITY OF LAUREL AND LAUREL
PUBLIC SCHOOLS, DISTRICT 7 & 7-70
WHEREAS, the City of Laurel (hereinafter “the City”) and the Laurel Public Schools,
District 7 & 7-70 (hereinafter “the District”) desire to maintain a cooperative and coordinated
approach to deterring and addressing criminal activity on school property and at District
sponsored events and activities;
WHEREAS, Montana law authorizes the District to contract with the City to have
municipal law enforcement provide a School Resource Officer (hereinafter “SRO”) and SRO-
related law enforcement services;
WHEREAS, Montana law further authorizes the District to levy for an appropriate
portion of the costs the City incurs in paying wages, providing benefits, and providing
transportation for law enforcement officers who are assigned to perform SRO duties in the
District; and
WHEREAS, the City and the District have agreed to an Agreement Regarding School
Resource Officer Program (hereinafter “SRO Agreement”), which is attached hereto and
incorporated herein.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The SRO Agreement by and between the City of Laurel and the
District, a copy attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the SRO
Agreement on behalf of the City.
Introduced at a regular meeting of the City Council on the 8th day of August 2023 by
Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
8th day of August 2023.
APPROVED by the Mayor on the 8th day of August 2023.
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R23-__ Approve SRO Agreement
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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File Attachments for Item:
10. Resolution No. R23-48: Resolution Authorizing Participation In The Board Of Investments
Of The State Of Montana Annual Adjustable Rate Municipal Finance Consolidation Act
Extendable Bond (Intercap Loan Program), And Authorizing The Execution And Delivery Of
Documents Related Thereto.
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R23-____ Certify Documents for Intercap Loan Program Re Brush Truck
RESOLUTION NO. R23-48
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING PARTICIPATION IN
THE BOARD OF INVESTMENTS OF THE STATE OF MONTANA ANNUAL
ADJUSTABLE RATE MUNICIPAL FINANCE CONSOLIDATION ACT
EXTENDABLE BOND (INTERCAP LOAN PROGRAM) 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:
I, the undersigned, being the fully qualified and acting recording officer of the public
body issuing the obligations referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
the public body in my legal custody, from which they have been transcribed; that the documents
are a correct and complete transcript of the minutes of a meeting of the governing body at the
meeting, insofar as they relate to the obligations; and that the meeting was duly held by the
governing body at the time and place and was attended throughout by the members indicated
above, pursuant to call and notice of such meeting given as required by law.
Introduced at a regular meeting of the City Council on the 8th day of August, 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of
August, 2023.
APPROVED by the Mayor the 8th day of August, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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File Attachments for Item:
11. Resolution No. R23-49: Resolution Authorizing Participation In The Board Of Investments
Of The State Of Montana Annual Adjustable Rate Municipal Finance Consolidation Act
Extendable Bond (Intercap Loan Program), And Approving The Form And Terms Of The Loan
Agreement And Authorizing The Execution and Delivery of Documents Related Thereto.
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R23-____ Approve Intercap Loan Program Re Brush Truck
RESOLUTION NO. R23-49
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING PARTICIPATION IN
THE STATE OF MONTANA ANNUAL ADJUSTABLE RATE MUNICIPAL
FINANCE CONSOLIDATION ACT EXTENDABLE BOND (INTERCAP LOAN
PROGRAM) AND APPROVING THE FORM AND TERMS OF THE LOAN
AGREEMENT 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
DETERMINATIONS AND DEFINITIONS
Section 1.01. Definitions. The following terms will have the meanings
indicated below for all purposes of this Resolution unless the context clearly requires
otherwise. Capitalized terms used in this Resolution and not defined herein shall have the
meanings set forth in the Loan Agreement.
Adjusted Interest Rate means the rate of interest on the INTERCAP Bond
determined in accordance with the Board Resolution.
Authorized Representative shall mean the officers of the Borrower designated
and duly empowered by the Governing Body and set forth in the application.
Board means the Board of Investments of the State of Montana, a public body
corporate organized and existing under the laws of the State and its successors and assigns.
Board Act means Section 2-15-1808, Title 17, Chapter 5, Part 16, MCA, as
amended.
"Board Resolution" means Board Resolution No. 249, adopted November 30,
2021, authorizing the issuance and sale of the INTERCAP Bonds for the purpose of making
loans to Eligible Government Units.
Borrower means the local government entity above named, eligible to
participate in the INTERCAP Loan Program.
"Borrower Act" means §§ 7-7-4101, and 7-7-4201, 7-5-4306 , MCA authorizing
an Eligible Government Unit to borrow money on terms consistent with the Program.
"Electronic Funds Transfer (EFT) Authorization" shall mean the authorization
given by the Borrower to the Board to initiate electronic debit and/or credit entries to the
Borrower’s specified account to fund the Loan and make automatic Loan repayments when
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R23-____ Approve Intercap Loan Program Re Brush Truck
due. The Board may also initiate the electronic debit for periodic principal paydown or payoff
prior to loan maturity upon the Borrower’s request.
INTERCAP Bond means the Bond issued by the Board pursuant to the Board
Resolution to finance the Program.
Loan means the loan of money by the Board to the Borrower under the terms
of the Loan Agreement pursuant to the Act and the Borrower Act and evidenced by the Note.
Loan Agreement means the Loan Agreement between the Borrower and the
Board, including any amendment thereof or supplement thereto entered into in accordance
with the provisions thereof and hereof.
Loan Agreement Resolution means this Resolution or such other form of
resolution that the Board may approve and all amendments and supplements thereto.
Loan Date means the date of closing a Loan.
Loan Rate means the rate of interest on the Loan which is initially 5.75% (6.00%
less 0.25% for Borrowers with EFT Authorization) per annum through February 15, 2024 and
thereafter a rate equal to the Adjusted Interest Rate on the Bond and up to 1.50% per annum
as necessary to pay Program Expenses.
Note means the promissory note to be executed by the Borrower pursuant to
the Loan Agreement, in accordance with the provisions hereof and thereof, in substantially the
form set forth in the Promissory Note, or in such form that may be approved by the Board.
Program means the Board’s INTERCAP Loan Program pursuant to which the
Board issued the INTERCAP Bond to use the proceeds to make loans to participating Eligible
Government Units.
Project means those items of equipment, personal or real property
improvements to be acquired, installed, financed or refinanced under the Program as set forth
in the Description of the Project/Summary of Draws.
Section 1.02. Authority. The Borrower is authorized to undertake the Project
and is further authorized by the Borrower Act to enter into the Loan Agreement for the purpose
of obtaining a loan to finance or refinance the acquisition and installation costs of the Project.
Section 1.03. Execution of Agreement and Delivery of Note. Pursuant to the
Board Act, the Board has issued and sold the INTERCAP Bond and deposited a part of
proceeds thereof in the Loan Fund. The Board has, pursuant to the Term Sheet, agreed to
make a Loan to the Borrower in the principal amount of $109,586.00 and upon the further
terms and conditions set forth herein, and as set forth in the Term Sheet and the Loan
Agreement.
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R23-____ Approve Intercap Loan Program Re Brush Truck
ARTICLE II
THE LOAN AGREEMENT
Section 2.01. Terms. (a) The Loan Agreement shall be dated as of the Loan
Date, in the principal amount of $109,586.00 and shall constitute a valid and legally binding
obligation of the Borrower. The obligation to repay the Loan shall be evidenced by a
Promissory Note. The Loan shall bear interest at the initial rate of 5.75% (6.00% less 0.25%
for Borrowers with EFT Authorization) per annum through February 15, 2024, and thereafter
at the Adjusted Interest Rate, plus up to 1.50% per annum as necessary to pay the cost of
administering the Program (the Program Expenses). All payments will be automatic pursuant
to the EFT Authorization attached hereto when due.
(b) The Loan Repayment Dates shall be February 15 and August 15 of
each year.
(c) The principal amount of the Loan may be prepaid in whole or in part if
the Borrower requests that the Board approve prepayment of the loan. Upon approval, the
Board will initiate an electronic debit using the attached EFT Authorization for prepayment
provided that the Borrower has given written notice of its intention to prepay the Loan in whole
or in part to the Board no later than 30 days prior to the designated prepayment date or less if
the Board agrees to shorter notice.
(d) The Prepayment Amount shall be equal to the principal amount of the
Loan outstanding, plus accrued interest thereon to the date of prepayment.
(e) Within the next month following an Adjustment Date, the Board shall
calculate the respective amounts of principal and interest payable by each Borrower on and
with respect to its Loan Agreement and Note for the subsequent August 15 and February 15
payments and prepare and mail a statement therefor to the Borrower.
Section 2.02. Use and Disbursement of the Proceeds. The proceeds of the
Loan will be expended solely for the purposes set forth in the Description of the
Project/Summary of Draws. The proceeds from the sale of the Note to the Board shall remain
in the Borrower's Account pending disbursement at the request of the Borrower to pay the
budgeted expenditures in anticipation of which the Note was issued. Requests for
disbursement of the Loan shall be made to the Board. Prior to the closing of the Loan and the
first disbursement, the Borrower shall have delivered to the Board a certified copy of this
Resolution, the executed Loan Agreement and Note in a form satisfactory to the Borrower's
Counsel and the Board's Bond Counsel and such other certificates, documents and opinions
as set forth in the Loan Agreement or as the Board may require. The Borrower will pay the
loan proceeds to a third party within five business days after the date they are advanced
(except for proceeds to reimburse the Borrower for previously paid expenditures, which are
deemed allocated on the date advanced).
Section 2.03. Payment and Security for the Note. In consideration of the
making of the Loan to the Borrower by the Board, the pr ovisions of this Resolution shall be a
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R23-____ Approve Intercap Loan Program Re Brush Truck
part of the Agreement of the Borrower with the Board. The provisions, covenants, and
Agreements herein set forth to be performed by or on behalf of the Borrower shall be for the
benefit of the Board. The Loan Agreement and Note shall constitute a valid and legally binding
obligation of the Borrower and the principal of and interest on the Loan shall be payable from
the general fund of the Borrower, and any other money and funds of the Borrower otherwise
legally available therefor. The Borrower shall enforce its rights to receive and collect all such
taxes and revenues to insure the prompt payment of the Borrower obligations hereunder.
Section 2.04. Representation Regarding the Property Tax Limitations. The
Borrower recognizes and acknowledges that the amount of taxes it may levy is limited by state
law pursuant to § 15-10-402, MCA, et. seq. The Borrower is familiar with the Montana’s
property tax limitations and acknowledges that the obligation to repay the Loan under the
Agreement and Note are not exceptions to these provisions. The Borrower represents and
covenants that the payment of principal of and interest on the Loan can and will be made from
revenues available to the Borrower in the years as they become due, notwithstanding the
provisions of property tax limitations.
Section 2.05. Levy and Appropriate Funds to Repay Loan. The Borrower
agrees that in order to meet its obligation to repay the Loan and all other payments hereunder
that it will budget, levy taxes for and appropriate in each fiscal year during the term of the Loan
an amount sufficient to pay the principal of and interest hereon within the limitations of the
Property Tax Limitation Act, as may be amended, and will reduce other expenditures if
necessary to make the payments hereunder when due.
ARTICLE III
CERTIFICATIONS, EXECUTION, AND DELIVERY
Section 3.01. Authentication of Transcript. The Authorized Representatives
are authorized and directed to prepare and furnish to the Board and to attorneys approving
the validity of the Loan, certified copies of this Resolution and all other resolutions and actions
of the Borrower and of said officers relating to the Loan Agreement and the Note and
certificates as to all other proceedings and records of the Borrower which are reasonably
required to evidence the validity and marketability of the Note. All such certified copies and
certificates shall be deemed the representations and recitals of the Borrower as to the
correctness of the statements contained therein.
Section 3.02. Legal Opinion. The attorney to the Borrower is hereby
authorized and directed to deliver to the Board at the time of Closing of the Loan his or her
opinion regarding the Loan, the Loan Agreement, the Note, and this Resolution in substantially
the form of the opinion set forth in the Attorney's Opinion.
Section 3.03. Execution. The Loan Agreement, the Note, and any other
document required to close the Loan shall be executed in the name of the Borrower and shall
be executed on behalf of the Borrower by the signatures of the Authorized Representatives of
the Borrower.
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R23-____ Approve Intercap Loan Program Re Brush Truck
Introduced at a regular meeting of the City Council on the 8th day of August, 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 8th day of
August, 2023.
APPROVED by the Mayor the 8th day of August, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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