HomeMy WebLinkAboutCity Council Packet 10.24.2023
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, OCTOBER 24, 2023
6:30 PM
COUNCIL CHAMBERS
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.
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 October 10, 2023.
Correspondence
2. Brock Williams Resignation Letter Laurel Airport Authority.
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.
3. Claims entered through October 6, 2023.
4. Clerk/Treasurer Financial Statements for the Month of July 2024.
5. Clerk/Treasurer Financial Statements for the Month of August 2023.
6. Clerk/Treasurer Financial Statements for the Month of September 2023.
7. Approval of Payroll Register for PPE 10/1/2023 totaling $235,947.93.
8. Approval of Payroll Register for PPE 10/15/2023 totaling $229,643.73.
9. Council Workshop Minutes of October 17, 2023.
Ceremonial Calendar
Reports of Boards and Commissions
10. Park Board Minutes of October 5, 2023.
11. Laurel Urban Renewal Agency Minutes of March 6, 2023.
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12. Laurel Urban Renewal Agency Minutes of May 1, 2023.
13. Laurel Urban Renewal Agency Minutes of June 5, 2023.
14. Laurel Urban Renewal Agency Minutes of June 19, 2023.
15. Laurel Urban Renewal Agency Minutes of August 14, 2023.
16. Laurel Urban Renewal Agency Minutes of August 28, 2023.
17. Laurel Urban Renewal Agency Minutes of September 11, 2023.
18. Laurel Urban Renewal Agency Minutes of September 18, 2023.
19. Laurel Urban Renewal Agency Minutes of October 2, 2023.
20. Laurel Urban Renewal Agency Minutes of October 16, 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
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
21. Resolution No. R23-82: A Resolution Of The City Council Approving An Encroachment
Permit For A Portion Of The Sidewalk Located At 202 West First Street For The Installation
Of Landscaping Alongside The Sidewalk.
22. Resolution No. R23-83: A Resolution Of The City Council Authorizing The Mayor To
Approve A Change Order With Randall Contracting.
23. Resolution No. R23-84: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Hardrives Construction, Inc.
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 Com munity 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 pe rson’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 590 44, or present your
request at City Hall, 115 West First Street, Laurel, Montana.
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File Attachments for Item:
1. Approval of Minutes of October 10, 2023.
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File Attachments for Item:
2. Brock Williams Resignation Letter Laurel Airport Authority.
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File Attachments for Item:
9. Council Workshop Minutes of October 17, 2023.
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File Attachments for Item:
10. Park Board Minutes of October 5, 2023.
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File Attachments for Item:
11. Laurel Urban Renewal Agency Minutes of March 6, 2023.
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File Attachments for Item:
12. Laurel Urban Renewal Agency Minutes of May 1, 2023.
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File Attachments for Item:
13. Laurel Urban Renewal Agency Minutes of June 5, 2023.
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File Attachments for Item:
14. Laurel Urban Renewal Agency Minutes of June 19, 2023.
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File Attachments for Item:
15. Laurel Urban Renewal Agency Minutes of August 14, 2023.
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File Attachments for Item:
16. Laurel Urban Renewal Agency Minutes of August 28, 2023.
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File Attachments for Item:
17. Laurel Urban Renewal Agency Minutes of September 11, 2023.
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File Attachments for Item:
18. Laurel Urban Renewal Agency Minutes of September 18, 2023.
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File Attachments for Item:
19. Laurel Urban Renewal Agency Minutes of October 2, 2023.
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File Attachments for Item:
20. Laurel Urban Renewal Agency Minutes of October 16, 2023.
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File Attachments for Item:
21. Resolution No. R23-82: A Resolution Of The City Council Approving An Encroachment
Permit For A Portion Of The Sidewalk Located At 202 West First Street For The Installation Of
Landscaping Alongside The Sidewalk.
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R23-82 Approve Encroachment Permit for 202 West First Street (Sunshine Academy)
RESOLUTION NO. R23-82
A RESOLUTION OF THE CITY COUNCIL APPROVING AN ENCROACHMENT
PERMIT FOR A PORTION OF THE SIDEWALK LOCATED AT 202 WEST FIRST
STREET FOR THE INSTALLATION OF LANDSCAPING ALONGSIDE THE
SIDEWALK.
WHEREAS, Greg Schreiner, the Owner of the Building located at 202 West First Street,
Laurel MT (hereinafter “the Property Owner”), who currently owns and operates a business
known as “The Sunshine Academy” at said address, has filed an Application seeing an
Encroachment Permit authorizing the installation of landscaping alongside the sidewalk on
West First Street;
WHEREAS, the Property Owner has advised that, during the course of installation of
landscaping alongside the sidewalk, a portion of the City sidewalk, which is a public right-of-
way, will be encroached;
WHEREAS, the Property Owner has represented that the use will not unduly impact or
impede pedestrian traffic on the remaining sidewalk;
WHEREAS, City Staff has reviewed the Application and supporting materials, attached
hereto and incorporated herein, and recommends that the City Council approve the
Encroachment Permit pursuant to the authority provided the City Council under LMC
12.16.040; and
WHEREAS, upon review of this situation and the special facts and circumstances
surrounding this situation, the City Council has determined that issuance of an Encroachment
Permit is appropriate and in the City’s best interests.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana that the attached Encroachment Permit is hereby approved for the installation of
landscaping alongside the sidewalk on 202 West First Street, Laurel MT; and
BE IT FURTHER RESOLVED that the Encroachment Permit shall remain valid and
run with the property so long as the installation of the landscaping alongside the sidewalk on
202 West First Street, Laurel MT, is being undertaken.
Introduced at a regular meeting of the City Council on the 24th day of October 2023, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 24th day of
October 2023.
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R23-82 Approve Encroachment Permit for 202 West First Street (Sunshine Academy)
APPROVED by the Mayor the 24th day of October 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:
22. Resolution No. R23-83: A Resolution Of The City Council Authorizing The Mayor To
Approve A Change Order With Randall Contracting.
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R23-83 Approve Change Order for South 4th Street Reconstruction Project
RESOLUTION NO. R23-83
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE A CHANGE ORDER WITH RANDALL CONTRACTING.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Change Order with Randall Contracting, a copy attached
hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Change
Order with Randall Contracting on behalf of the City.
Introduced at a regular meeting of the City Council on the 24th day of October, 2023,
by Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel the 24th day of
October, 2023.
APPROVED by the Mayor the 24th day of October, 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:
23. Resolution No. R23-84: A Resolution Of The City Council Authorizing The Mayor To
Approve An Independent Contractor Service Contract With Hardrives Construction, Inc.
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R23-84 Approve Hardrives Construction SSC
RESOLUTION NO. R23-84
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
APPROVE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH
HARDRIVES CONSTRUCTION, INC.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Independent Contractor Service Contract with Hardrives
Construction, Inc., for pavement work to be performed on West 12th Street, Laurel, MT, 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 Hardrives Construction, Inc., on behalf of the City.
Introduced at a regular meeting of the City Council on the 24th day of October, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 24th day of
October, 2023.
APPROVED by the Mayor the 24th day of October, 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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INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 24th day of October 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 Hardrives Construction,
Inc. a contractor licensed to conduct business in the State of Montana, whose address is PO Box 2535,
Billings, MT 59103, 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 October 10, 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 fifty thousand seven hundred dollars and sixty-five cents ($50,700.65)
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. Contrac tor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub -
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
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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
nonconformities 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 damage
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.
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
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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.
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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 n ot 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.
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SIGNED AND AGREED BY BOTH PARTIES ON THE 24th DAY OF OCTOBER 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Hardrives Construction, Inc.
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
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