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HomeMy WebLinkAboutCity Council Packet 11.14.2023 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, NOVEMBER 14, 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 24, 2023. 2. Correct the September 12, 2023 Minutes to include the following sentence under Audience Participation: "Patty Smith, 409 Maple Avenue, spoke on her continued frustrations with the S. 4th Street Reconstruction Project." Correspondence 3. Tree Board Memo 4. Ex-officio Re-appointment to Big Sky Economic Development Authority Board - Kurt Markegard 5. Police Monthly Report - October 2023. 6. Laurel Airport Authoritiy Minutes of September 26, 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 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. 7. Claims entered through October 20, 2023. 8. Claims entered through November 9, 2023. 9. Approval of Payroll Register for PPE10/29/2023 totaling $238,631.12. 10. Council Workshop Minutes of November 7, 2023. Ceremonial Calendar 1 11. Arbor Day Proclamation 2024 Reports of Boards and Commissions 12. Budget/Finance Committee Minutes of October 23, 2023. 13. Emergency Services Committee Minutes of October 23, 2023. 14. Tree Board Minutes of June 15, 2023. 15. Tree Board Minutes of October 5, 2023. 16. Public Works Committee Minutes of October 16, 2023. 17. Library Board Minutes of July 11, 2023. 18. Library Board Minutes of August 8, 2023. 19. Library Board Minutes of September 12, 2023. 20. Park Board Minutes of November 2, 2023. 21. Laurel Urban Renewal Agency Minutes of November 6, 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 22. Resolution No. R23-46: A Resolution Of The City Council Authorizing The Mayor To Execute A Lease Agreement With The Laurel Lions Club For The Riverside Hall Located At Riverside Park. 23. Motion to Reconsider Resolution No. R23-83: A Resolution Of The City Council Authorizing The Mayor To Approve A Change Order With Randall Contracting. 24. Motion to Reconsider Resolution No. R23-84: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Hardrives Construction, Inc. 25. Resolution No. R23-85: A Resolution Of The City Council Approving And Authorizing The Disposal Of City Of Laurel Records. 26. Resoultion R23-86: A Resolution Of The City Council Approving An Encroachment Permit For A Portion Of The Alleyway Off Second Avenue Near #9 Second Avenue. 27. Ordinance No. O23-04: An Ordinance Amending Title 12, Chapters 12.18.010 And 12.18.060 Of The Laurel Municipal Code Related To Special Events Permits. 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 accom modation 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. 2 File Attachments for Item: 1. Approval of Minutes of October 24, 2023. 3 4 5 6 7 8 File Attachments for Item: 2. Correct the September 12, 2023 Minutes to include the following sentence under Audience Participation: "Patty Smith, 409 Maple Avenue, spoke on her continued frustrations with the S. 4th Street Reconstruction Project." 9 September 12, 2023 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Dave Waggoner at 6:28 p.m. on September 12, 2023. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT OTHER STAFF PRESENT: Emelie Eaton Heidi Sparks Michelle Mize Richard Herr Casey Wheeler Iry Wilke Richard Klose Jodi Mackay None Michele, Braukmann, Civil City Attorney Brittney Harakal, Council Administrative Assistant Justin Baker, Union 316 President Sheri Phillips, Court Clerk Jill Folts, Court Clerk Kurt Markegard, Planning Director Kelly Strecker, Clerk/Treasurer Mayor Waggoner led the Pledge of Allegiance to the American flag. Motion by Council Member Wilke to approve the minutes of the regular meeting of August 22, 2023, as presented, seconded by Council Member Sparks. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. 0 Police Department Correspondence August 2023 COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None. PUBLIC HEARING: None. Claims entered through September 8, 2023. A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office. Approval of Payroll Register for PPE 8/20/2023 totaling $223,989.04. Approval of Payroll Register for PPE 9/3/2023 totaling $241,288.61. a Council Workshop Minutes of August 12, 2023. Special Council Workshop Minutes of August 22, 2023. The Mayor asked if there was any separation of consent items. There was none. Motion by Council Member Klose to approve the consent items as presented, seconded by Council Member Wilke. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. REPORTS OF BOARDS AND COMMISSIONS: s Budget/Finance Committee Minutes of August 22, 2023. 10 Council Minutes of September 12, 2023 Emergency Services Committee Minutes of July 24, 2023. Park Board Minutes of June 8, 2023. Park Board Minutes of July 6, 2023. Public Works Committee Minutes of June 19, 2023. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None. Resolution No. R23-72: A Resolution Of The City Council Cancelling The November 7, 2023 General Election Of Certain Municipal Officers. Motion by Council Member Sparks to approve Resolution No. R23-72, seconded by Council Member Wilke. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Resolution No. R23-73: A Resolution Of The City Council Declaring Certain City Of Laurel Property (Firearms And Related Equipment) As "Surplus" Available For Sale Or Trade To The Public Or Other Governmental Entities Or Vendors. Motion by Council Member Herr to approve Resolution No. R23-73, seconded by Council Member Wilke. There was no public comment. Council asked if they would be notified when the auction is live. It was clarified that they will be notified once it is live. 8-0. A vote was taken on the motion. All eight council members present voted aye. Motion carried Resolution No. R23-74: A Resolution Of The City Council Approving Rutt Variance Request LZV-23-01. Motion by Council Member Mackay to approve Resolution No. R23-74, seconded by Council Member Wilke. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Resolution No. R23-75: A Resolution Of The City Council Authorizing The Additional Extension Of Approval Of Application For Special Review For J. Johnson Properties Pursuant To Resolution Nos. R22-07 And R23-05. Motion by Council Member Wheeler to approve Resolution No. R23-75, seconded by Council Member Wilke. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Resolution No. R23-76: A Resolution Of The City Council Authorizing The Placement Of A Stop Sign On The Corner Of Cedar Avenue And S. 4th Street. Motion by Council Member Mize to approve Resolution No. R23-76, seconded by Council Member Wilke. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Resolution No. R23-77: A Resolution Of The City Council Authorizing The Placement Of A Stop Sign On The Corner Of Idaho Avenue And E. 6th Street. Motion by Council Member Eaton to approve Resolution No. R23-77, seconded by Council Member Wilke. There was no public comment. A Council Member asked why this sign was already placed when Council was voting on it tonight. Mayor Waggoner clarified that he was unaware the sign had been placed but would follow up. 6W A vote was taken on the motion. All eight council members present voted aye. Motion carried 11 Council Minutes of September 12, 2023 Resolution No. R23-78: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Randall Contracting. Motion by Council Member Sparks to approve Resolution No. R23-78, seconded by Council Member Wilke. Justin Baker, 14 Baker Drive Park City, Union 316 President, read the attached letter into the record. A Council Member noted that they felt this request's process was wrong. They felt a recess should have been made at the last Workshop to tour the location. They also noted that City Council Members met with the Court and should have voiced those discussions during Ex Parte. Council questioned whether additional safety concerns, such as the windows, would be raised. Motion by Council Member Klose to table discussion until the next Workshop and have a tour of this building to see the changes that are suggested, seconded by Council Member Wilke. There was no public comment. Council asked if they could tour the building now. It was clarified that a motion would need to be made to recess. Motion by Council Member Mize to recess and tour the building now, seconded by Council Member Mackay. There was no public comment or Council discussion. A roll call vote was taken on the motion. Council Members Sparks, Herr, Wilke, Mackay, Klose, Wheeler, Mize, and Eaton voted aye. Motion carried 8-0. Council recessed at 6:52 p.m. Motion by Council Member Sparks to reconvene, seconded by Council Member Wilke. There was no public comment or Council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Council reconvened at 7:05 p.m. It was questioned which motion is now in front of the Council. Civil Attorney Braukmann clarified that we now go back to the main motion. Mayor Waggoner asked if there was any additional Council Discussion. Council thanked the Court Clerics for the tour of their area. Council also noted they did not feel the current Courtroom would be large enough for Council meetings. It was clarified that Council would still meet in the current Council Chambers. It was questioned if the City has met its requirements for space for the Court. It was clarified that, as it stands, the City has met its requirements. It was questioned if there is any liability in not moving the Court. It was clarified that there is a risk of litigation if the issues are not addressed. It was questioned what the cost of this move would be. It was clarified that the cost for both the construction and the cabling is just over $23k. This project addresses the safety, privacy, and HIPAA concerns. Council noticed the computer screens are facing towards the window. A Council. Member noted that this project is similar in price to the Clerk/Treasurer's office project. Another Council Member noted these projects are not similar in nature, and it is not a fair comparison. budget. Council asked if this project had been budgeted for. It was clarified that it was within the 3 12 Council Minutes of September 12, 2023 A roll call vote was taken on the motion. Council Members Sparks, Herr, Wilke, Mackay, Wheeler, Mize, and Eaton voted aye. Council Member Klose voted no. Motion carried 7-1. g Resolution No. R23-79: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Tel Net Systems, Inc. Motion by Council Member Herr to approve Resolution No. R23-79, seconded by Council Member Wilke. There was no public comment or council discussion. A roll call vote was taken on the motion. Council Members Sparks, Herr, Wilke, Mackay, Wheeler, Mize, and Eaton voted aye. Council Member Klose voted no. Motion carried 7-1. Resolution No. R23-80: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Prorover. Mayor Waggoner stated this work has been completed. These trees were struck by lightning during a recent storm and needed immediate removal. Motion by Council Member Eaton to approve Resolution No. R23-80, seconded by Council Member Wilke. There was no public comment. It was questioned if a local tree removal service had been contacted. It was clarified that Prorover has done tree removal for the City for many years. He is reasonably priced and is able to work the City in very quickly. A vote was taken on the motion. All eight council members present voted aye. Motion carried Ordinance No. 023-03: An Ordinance Amending Sections 13.01.010 (Adoption) And 13.01.020 (Updated References) Of The Laurel Municipal Code Related To The Adoption Of The International Fire Code. (First Reading) Motion by Council Member Wilke to adopt Ordinance No. 023-03, seconded by Council Member Sparks. There was no public comment or council discussion. A roll call vote was taken on the motion. Council Members Sparks, Herr, Wilke, Mackay, Klose, Wheeler, Mize, and Eaton voted aye. Motion carried 8-0. ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE -MINUTE LIMIT): None. COUNCIL DISCUSSION: The Public Works Committee's next meeting is Monday, September 18`h, at 6:00 p.m. in Council Chambers. Friday, September 15, 2023, is POW/MIA Recognition Day. At 10:30 in Thomson Park, there will be a ceremony. The first presentation on the EMS Mill Levy will be this Friday at 10:15 at the Front Porch to the Small Business Association. MAYOR UPDATES: Mayor Waggoner presented Kelly Strecker with a certificate recognizing her work as a Clerk/Treasurer. UNSCHEDULED MATTERS: None. Motion by Council Member Mackay to adjourn the council meeting, seconded by Council Member Eaton. There was no public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. There being no further business to come before the Council at this time, the meeting was adjourned at 7:27 p.m. 0 13 Council Minutes of September 12; 2023 t. Brittney Har kal, uncil Administrative Assistant Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 26t" day of September 2023. Dave Waggoner, Mayor Attest: N0111111111, 'F/* 11 trec r. erOTreasurer O'Ss mss® r4: r`` `•• 14 NIONT'AN/lSTATF C0[/N[{[,[-{O N H|/}FNi8|mNo[l T|'[UoNTYAN|`0/NK]Y8i[vi0r6[sAFSCM..m 30S. W! rhnnteuxdd} Soi|eX8~ 8dpmx POT 59601 * "O6}440 1 192m, NOW America Wppen lop\uuobcr|2^2O23 kox um.a,.` Laurel [ityCouncUK\unhecs|C(|yUuU| 11 VV^3|LourciNT59044 RE: Court Clerks and Court Relocation Aur Honors, huve asked Iblimi President justin Baker to pWase read and im-ovide MN letter to the r"mvr u u bndyaa|have ponicuuuocnnuitnnen\athat could not bevesdhcdokd. Thank you for your considera\bxn[UleCity Court move <oits original location within City HW oriAmuU9 the courLArks approached union leadership regarding 1hasxktvandpdvzcycnncernuiheyuereumrkioXunderinthecurrcntcuurt'u Mayor Dave Waggoner and Civil Attorney Michele Braukniann listened carefully to thdoxtensive list of conumns presented by Me two court clerks in a meeting w-ith n,&L The Nlapw and Civil Attorney then took immediate action to begin addressing the securRy and safety issues, as well as tackling tile privacy and confidentiality cuoccrnsthat were discussed. The Cowl move that isunder consideration bvthis Council /sadirect resu|tn[dzeMoyo/ysolution totile nurnernonconcerns voiced bv the two unioxemp|oyecx. Both Court Clerks and CiOl Attorney Braukmann provided a deep (live into the long hst ofissues during last week's Council meeting, so no need to reiterate their expert statements here. However as a guest in the City of Laurel buildings, I can speak to the pbys<cz{hrnitadonsaudaokziyconceruxnfihecurrcntspacc.andlvvou|dsLrunQ\y encourage all Council members (oplease take atour of the current Court location. This move will significandy impact the working conditions and safety of both Union Court employees, as well as the publiq legal, and law enforcement personnel that Wide the Court. I have provided my personal contact information below. Please do not hesitate to rcacbout (fyou have any questions orrequire further iu[ormadon. n uvo n u," Thank you for your considcradonand sIpportofcrucial City infrastructure uodatco. 0nhehoKmrLom/]1dCourt Union Members Hannah Nash, Field Representative |/\y3CK48Council 9 15 File Attachments for Item: 3. Tree Board Memo 16 17 File Attachments for Item: 4. Ex-officio Re-appointment to Big Sky Economic Development Authority Board - Kurt Markegard 18 19 File Attachments for Item: 5. Police Monthly Report - October 2023. 20 Page 1 of 5 Total Calls Printed on October 31, 2023 [CFS Date/Time] is between '2023-10-01 00:00:00' and '2023-10-31 23:59:59' and [Primary Incident Code->Code : Description] All Code : Description Totals 10-15 : With Prisoner 0 0 : Abandoned Vehicle 6 6 : Agency Assist 70 70 : Alarm - Burglary 11 11 : Alarm - Fire 8 8 AMB : Ambulance 84 84 : Animal Complaint 3 3 : Area Check 6 6 : Assault 1 1 : Bad Checks 0 0 : Barking Dog 13 13 : Bomb Threat 0 0 : Burglary 1 1 : Child Abuse/Neglect 4 4 : Civil Complaint 11 11 : Code Enforcment Violation 10 10 : Community Integrated Health 1 1 21 Page 2 of 5 Code : Description Totals : Counterfeiting 0 0 : Criminal Mischief 11 11 : Criminal Trespass 20 20 : Cruelty to Animals 4 4 : Curfew Violation 4 4 : Discharge Firearm 1 1 : Disorderly Conduct 11 11 : Dog at Large 34 34 : Dog Bite 1 1 DUI : DUI Driver 6 6 : Duplicate Call 3 3 : Escape 0 0 : Family Disturbance 13 13 : Fight 2 2 FIRE : Fire or Smoke 7 7 : Fireworks 0 0 : Forgery 0 0 : Found Property 7 7 : Fraud 3 3 : Harassment 4 4 : Hit & Run 6 6 22 Page 3 of 5 Code : Description Totals : Identity Theft 1 1 : Indecent Exposure 0 0 : Insecure Premises 0 0 : Intoxicated Pedestrian 1 1 : Kidnapping 0 0 : Littering 2 2 : Loitering 4 4 : Lost or Stray Animal 6 6 : Lost Property 3 3 : Mental Health 7 7 : Missing Person 0 0 : Noise Complaint 0 0 : Open Container 0 0 : Order of Protection Violation 2 2 : Parking Complaint 11 11 : Possession of Alcohol 0 0 : Possession of Drugs 3 3 : Possession of Tobacco 1 1 : Privacy in Communications 4 4 : Prowler 0 0 : Public Assist 54 54 23 Page 4 of 5 Code : Description Totals : Public Safety Complaint 13 13 : Public Works Call 5 5 : Report Not Needed 10 10 : Robbery 0 0 : Runaway Juvenile 3 3 : Sexual Assault 1 1 : Suicide 0 0 : Suicide - Attempt 1 1 : Suicide - Threat 1 1 : Suspicious Activity 64 64 : Suspicious Person 12 12 : Theft 27 27 : Threats 2 2 : Tow Call 0 0 : Traffic Accident 29 29 : Traffic Hazard 5 5 : Traffic Incident 31 31 : TRO Violation 0 0 : Truancy 0 0 T/S : Traffic Stop 80 80 : Unattended Death 1 1 24 Page 5 of 5 Code : Description Totals : Unknown - Converted 0 0 : Unlawful Transactions w/Minors 0 0 : Unlawful Use of Motor Vehicle 0 0 : Vicious Dog 5 5 : Warrant 23 23 : Welfare Check 15 15 Totals 793 793 25 File Attachments for Item: 6. Laurel Airport Authoritiy Minutes of September 26, 2023. 26 LAUREL AIRPORT AUTHORITY MINUTES SEPTEMBER 26, 2023 • Roll Call was taken to include Randy Hand, Shane Linse, Joseph Mutchler, Alan Kasemodel • Meeting Attendance: Denim Yarger, Will Metz, Kent Penney, Jim Wise, Craig Cantfield, Justin Zindell, Heath Olson • Approval of Minutes of previous meeting. 6/27/2023 • Financial Update • Claims: Approved • Public Input: None • KLJ Engineering Reported Master Plan Project Update OLD BUSINESS • Airport Camera that MT Aeronautics will pay for. Motion: Randy. Second: Alan. Vote: Passed • Internet Options tabled until next meeting. • Windsock is in progress with Randy. Will request assistance when needed. • Courtesy Car contract with FBO status will be discussed with FBO by Joseph. • AWOS options, annual fees, FAA Grants. AWOS Service contract for three years renewed. Motion: Shane. Second: Randy. Vote: Passed • Frank Felke letter to repair hole in fence that was not authorized to make. Joe will talk to Frank about resolution/repair. • 2024 Fox Road Issues and Updates. Letter will be sent to Weber for fence, gate, and unpaid lease. • 2247 Stormont issues and updates, Tailwind Properties, Denim Yarger will continue to pay $0.14/sqft for his commercial lease. • Commercial activities in Non-Commercial hangers. Merle will stop commercial activities without having a commercial lease. Joe will discuss this with him. • Larger garbage can for LAA and FBO to split costs. Motion: Shane. Second: Joseph. Vote: Passed. Randy will discuss with Tom at FBO. • Weed issues/Letters. 10 day notice to tenants to clean weeds or pay will be sent out by Randy. NEW BUSINESS • Approved Joseph Mutchler as new board member for a 5-year term per Laurel City Council. Motion: Shane. Second: Randy. Vote: Passed. • Need to get Joseph Mutchler set up with Bank for signing checks. Motion: Shane. Second: Alan. Vote: Passed. 27 • Sealed bid for Chevy Snowplow was awarded to Chris Owen. Motion: Shane. Second: Alan. Vote: Passed. • What to do with the snow plow money ($12,700), buy a zero-turn mower was discussed and cancel SRT’s contract in 2024. Being given a zero-turn mower from Heath Olson. Nothing decided for use of funds from sale of snow plow. • Heath Olson requested to add a septic and cistern to 2525 Leuthold hangar, change the front concrete design that he submitted and had approved by the board and submit a lease to Yellowstone Bank. Motion: Alan. Second: Randy. Vote: Passed. • Joe will check on the runway lighting issues. • Passwords for website, email, phone tabled for next meeting. • Joe will talk to RMC Flight Team to paint the outside of the outhouse. • Meeting concluded. 28 File Attachments for Item: 10. Council Workshop Minutes of November 7, 2023. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 File Attachments for Item: 11. Arbor Day Proclamation 2024 57 OFFICIAL PROCLAMATION WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS Arbor Day is now observed throughout the nation and the world, and WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS trees — wherever they are planted — are a source of joy and spiritual renewal. NOW, THEREFORE, I, , Mayor of the City of , do hereby proclaim as ARBOR DAY In the City of , and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. DATED THIS day of , Mayor Dave Waggoner Laurel, Montana May 7, 2024 Laurel, Montana 14th November 2023 58 File Attachments for Item: 12. Budget/Finance Committee Minutes of October 23, 2023. 59 60 61 File Attachments for Item: 13. Emergency Services Committee Minutes of October 23, 2023. 62 63 64 File Attachments for Item: 14. Tree Board Minutes of June 15, 2023. 65 66 File Attachments for Item: 15. Tree Board Minutes of October 5, 2023. 67 68 69 File Attachments for Item: 16. Public Works Committee Minutes of October 16, 2023. 70 71 72 File Attachments for Item: 17. Library Board Minutes of July 11, 2023. 73 74 75 76 File Attachments for Item: 18. Library Board Minutes of August 8, 2023. 77 78 79 80 File Attachments for Item: 19. Library Board Minutes of September 12, 2023. 81 82 83 84 File Attachments for Item: 20. Park Board Minutes of November 2, 2023. 85 86 87 File Attachments for Item: 21. Laurel Urban Renewal Agency Minutes of November 6, 2023. 88 89 File Attachments for Item: 22. Resolution No. R23-46: A Resolution Of The City Council Authorizing The Mayor To Execute A Lease Agreement With The Laurel Lions Club For The Riverside Hall Located At Riverside Park. 90 R23-46 Approve Lease of Riverside Hall and Authorize Mayor’s Execution of Same RESOLUTION NO. R23-46 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE LAUREL LIONS CLUB FOR THE RIVERSIDE HALL LOCATED AT RIVERSIDE PARK. WHEREAS, the City of Laurel owns and operates the Riverside Hall at Riverside Park, Laurel, MT; WHEREAS, the Laurel Lions Club is interested in leasing the Riverside Hall at Riverside Park; WHEREAS, it has been determined by City Staff that it is in the best interests of the City to enter into a Lease Agreement by and between the City of Laurel and the Laurel Lions Club for the lease of the Riverside Hall at Riverside Park; WHEREAS, the Civil City Attorney will draft a Lease Agreement memorializing the terms and conditions of the lease between the City and the Laurel Lions Club and such lease will be provided to the Mayor for his execution on behalf of the City of Laurel. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Mayor is authorized to sign a Lease Agreement for the Riverside Hall located at Riverside Park by and between the City and the Laurel Lions Club. Introduced at a regular meeting of the City Council on the 14th day of November, 2023, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel the 14th day of November, 2023. APPROVED by the Mayor the 14th day of November, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 91 R23-46 Approve Lease of Riverside Hall and Authorize Mayor’s Execution of Same ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 92 1 LEASE AGREEMENT This Lease Agreement is entered into this _____ day of November, 2023, by and between the City of Laurel, Montana, a municipal corporation organized and existing under the laws of the State of Montana, whose business address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and the Laurel Lions Club, whose business address is PO Box 451, Laurel, MT 59044, hereinafter referred to as “Lessee”. W I T N E S S E T H: In consideration of the mutual covenants hereinafter set forth, the parties hereto agree and covenant as follows: ARTICLE I Purpose of Lease The purpose of this Agreement is to lease Lessee certain and specific City property in order that Lessee may conduct club activities, including but not limited to, meetings, after hour events, dances, auctions, celebrations, concerts and other community events, so long as such activity is not prohibited by City Ordinance, Resolution, or Regulation. ARTICLE II Property Leased The City hereby leases and permits the use to Lessee and Lessee hereby leases from the City the following-described property and improvements located in the City of Laurel’s Riverside Park hereinafter referred to as “the premises” as specifically shown on Exhibit A and attached hereto and part of this Lease Agreement. ARTICLE III Parties City: Office of the Mayor (City Clerk) PO Box 10 Laurel, Montana 59044 Phone: (406) 628-7431 Fax: (406) 628-2289 93 2 Lessee: Laurel Lions Club P.O. Box 451 Laurel, MT 59044 Phone: (406) 855-9572 ARTICLE IV Term of lease The term of this lease shall commence on approval by the City Council and execution by the Parties and run for a period of five (5) years, with the option to revisit and renew for an additional 5-year term thereafter. If this lease is terminated during any 5-year term, the City agrees that Lessee may remove from the premises all equipment, materials and products owned and utilized by Lessee. ARTICLE V Lessee Obligations and Covenants Lessee hereby covenants and agrees with the City that Lessee shall comply with the following: 1. Use and occupy the premises in a careful and proper manner and not commit any waste therein, no refuse may be stored in the building or on the leased grounds; 2. Not use or occupy the premises for any unlawful purpose, and will conform to and obey all present and future laws, ordinances, and all rules and regulations of all governmental authorities or agencies, respecting the use and occupation of the premises; 3. Lessee may apply for special event permits for activities where alcohol is available; 4. Not assign the lease, nor sublet the premises, nor any part thereof, without prior written consent of the City. This covenant does not include renting the facility for special events. The City shall require no more than thirty (30) days for such approval upon written request by the Lessee and shall not unreasonably withhold such approval; 5. Not use or occupy said premises, or permit the same to be used or occupied, for any purpose deemed extra hazardous on account of fire or otherwise; 94 3 6. Lessee shall make no alterations, changes or revamping, remodeling or capital improvement in or to the premises, without prior written permission approved by the Public Works Director, and in addition thereto, Lessee shall obtain all approvals and permits required for such work under City ordinance. Approvals for any improvements/changes must be granted or rejected by the City within thirty (30) days of written notice by Lessee or the work may proceed the same as if such approval was received. Approval for such proposed work shall not be unreasonably withheld. Any such alterations or additions shall be the sole responsibility of the Laurel Lions Club, inclusive of any and all financial, material, or labor considerations and will become the property of the City upon termination of this or any subsequent lease; 7. Provide the City copies of receipts for improvements and/or maintenance completed by the club or organization by December 31st of each year to the Office of the Mayor, Attention Clerk/Treasurer, P.O. Box 10, Laurel, MT 59044; 8. Lessee and the City’s Maintenance Superintendent shall perform an entrance inspection prior to the finalization of the lease, an annual inspection on or before the lease anniversary date, and an exit inspection at the end of the lease; Lessee must contact the City to arrange for the inspections; Lessee must also permit the City to enter upon the said premises at all reasonable times to examine the condition of same; 9. Indemnify and save the City, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against any loss, damage and liability occasioned by, growing out of, or arising or resulting from any default hereunder, or any tortuous or negligent act on the part of Lessee, their members, agents or employees. For such purpose, each Lessee shall procure and maintain in full force and effect during the term of this agreement, commercial general liability, including product 95 4 liability, in a reliable company or companies with minimum policy limit $1,000,000 combined single limit per occurrence, and $2,000,000 aggregate single limit per occurrence; and $1,000,000 Liquor Liability. The City shall be named as an additional insured part on the policy to be evidenced by a certificate of insurance presented to the City Clerk/Treasurer on or before July 1 of each year. The City and Lessee hereby grant to each other, on behalf of any insurance company providing insurance under this agreement, a waiver of any right of subrogation which any insurer or party may acquire against the other party by virtue of payment of any loss under any insurance policy; 10. Pay for the use and maintenance of utility services on the premises, including but not limited to gas, electricity, and telephone; 11. Conduct ordinary day-to-day maintenance and repair necessary to keep both the interior and exterior of the premises in a good state of repair and acceptable condition; 12. Inspect the facilities on a regular basis to determine any hazardous conditions which may exist, and take immediate action to correct such conditions if they exist; 13. Provide for necessary janitorial and maintenance services and supplies to insure the inside of the building is kept clean; 14. Be responsible for all damage (excepting reasonable wear and tear and not including acts of God) to property, public or private, that may be caused by this operation in the performance of this lease; 15. All signs and banners must comply with the LMC 15.40; 16. Lessee must provide a proper fire extinguisher; 17. If Lessee hires a janitor or janitorial service they must provide material safety data sheets (MSDS) for all cleaning chemicals or products that may contain hazardous materials in an approved MSDS booklet; 96 5 18. Extension cords may not be used, as they are against fire code; 19. Lessee shall allow participation in their organization for all interested persons regardless of race, creed, sexual gender, economic or social status and will encourage such participation without the discrimination of any kind or nature; 20. Leave premises, at the expiration or prior to termination of this lease and any extension thereof, in as good condition as received, reasonable wear and tear alone accepted; 21. Lessee must provide contact information to the City of next year’s board prior to January 15th of each year. 22. A maximum of 2 RVs may be allowed in Riverside Park, not for camping purposes but for use during scheduled events with the Laurel Lions Club. They may only be parked in designated areas, approved prior to the event by the Public Works Department. They may not be slept in overnight and must be marked with a sign displayed on the RV door or window, to be parked no longer than City ordinances allow. ARTICLE VI Rent 1. Lessee shall pay the City rent in the amount of $1 per month as consideration for the use of the premises. Lessee shall pay annually on or before the anniversary date of their respective signatures on the lease. The City agrees to this amount as consideration for the lease, based upon the understanding that Lessee will be contributing to improvements in the premises, supporting causes that benefit the community, and financially working towards the betterment of the community as a whole. 2. Rent includes the following: Use and lawful possession of the premises. ARTICLE VII Repairs and Maintenance 97 6 All minor or routine repairs on the inside and outside of the building shall be Lessee’s responsibility. Interior improvements are excluded from the definition of “repairs” under this section. Examples of minor repairs include, but are not limited to, repair and patching of a leak in the roof of the building, replacing worn plumbing fixtures and plumbing fixtures parts, replacement of electrical light bulbs, lamps, switches, globes, shades and similar electrical improvements, door and window panes, hinges and locks, ceiling and wall painting, wall paper repair and floor covering replacement and repair. Lessee is responsible for all interior improvements to the building. However, said interior improvements are subject to prior review and approval by the City, which shall not be unreasonably withheld. Lessee shall provide the City with an estimate of the cost of any interior improvements at the time Lessee submits its building plans to the City for consideration and approval. ARTICLE VIII Condition Neither the City nor any of its employees or agents made any representations with respect to the above-described property except as expressly set forth herein, and no rights, easements or licenses are acquired by the Lessee by implication or otherwise, except as expressly set forth herein. Acceptance of possession of the above-described property by Lessee shall be conclusive evidence that Lessee accept the same “as is” and that the property was and is in similar or same condition at the time possession was accepted, under this Lease. ARTICLE IX Right to Inspect Premises The City has a right, at all times during the term of this lease, through its agents and employees, to enter upon the leased premises for the purpose of examining and inspecting the same to determine whether Lessee have complied with its obligations hereunder with respect to the care and maintenance of the premises, and the repair or rebuilding of the improvements therein when 98 7 necessary. This right of inspection may only be exercised after 24 hours’ notice to Lessee of City’s desire to inspect the premises. This 24-hour notice is necessary to insure that a representative of Lessee will be available to accompany City’s representative at the time of inspection. ARTICLE X Assignment/Cancellation/Termination/Negotiation 1. Assignment. Neither City nor Lessee may assign, transfer or sublet the rights under this lease to any party without prior written consent of the other party. 2. Cancellation. In the event the premises leased hereunder or any portion thereof is not available for occupancy or use upon commencement of or during the term of this lease due to fire, casualty, acts of God, strikes, national emergency or some other cause beyond the control of the City, this lease and the obligations of the Parties hereunder shall terminate and the Lessee hereby waive any claim against the City, its employees or agents for damages by reason of such cancellation. Any notice of cancellation must be in writing and sent by certified mail, as noted. 3. Termination. City may terminate this lease if the Lessee fail to make the rental payment, obtain and maintain liability insurance, or perform any other condition or obligation required herein. Notice of termination must be in writing and sent by certified mail, as noted. 4. Lessee may rent the premises for periods not to exceed 14-days. However, Lessee must obtain and provide liability insurance that names the City as an additional insured on the policy during the event, if park land outside of the lease is being used for an event. If alcohol is available or sold, the Lessee must utilize a caterer and obtain a permit for the event. ARTICLE XI Compliance With Ordinances and Regulations Lessee, at its expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities, and with any direction of any public officer, pursuant to law, which imposes any duty upon Lessee or the City with respect to the leased premises. Lessee, at its sole 99 8 expense, shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this agreement, or for making repairs, alterations, improvements, or additions. The City, when necessary, will join Lessee in applying for all such permits or licenses. ARTICLE XII Liability Insurance Lessee shall obtain and maintain at all times during the term hereof, with a responsible insurer, for the benefit of the City and the Lessee as their respective interests may appear, comprehensive general liability insurance in the amount of One Million dollars ($1,000,000.00) per occurrence with an aggregate value of Two Million dollars ($2,000,000.00), to protect against any loss, claims, lawsuits or liability for damages, property damage, personal injury or death, and any expenses of the parties against any claim for such damages which might result from use or occupation or condition of the premises. Simultaneously with and as a prerequisite of executing of this lease, Lessee shall furnish a copy of such insurance policy(ies) to the City Clerk/Treasurer and such policy(ies) shall contain an endorsement that it shall not be canceled or altered without at least thirty (30) days prior written notice to the City from the insurer. The City and Lessee shall be specifically named as insured under said policy. ARTICLE XIII Indemnification Lessee hereby agrees to indemnify and to hold the City free and harmless from and against any and all actions, claims and demands arising out of the use or occupancy of th e premises by Lessee or the failure of the Lessee to maintain the premises as herein provided, including, but without limitation, any carelessness, negligence, improper conduct, wrongful or intentional act or breach of this lease by the Lessee or its agents, employees, patrons, invitees, suppliers or licensees, and any and all costs, expenses and fees, including attorneys’ fees, incurred by the City incident thereto. The City hereby indemnifies and agrees to hold the Lessee free and harmless from any and all actions caused by the sole negligence of the City. ARTICLE XIV Use/Right of Entry and Inspection/Damage/Repairs 100 9 1. Use. Lessee shall not use or permit the use of the leased premises for any purpose prohibited by law, shall comply with all requirements and demands of all governmental agencies or officials with respect to the condition, use and occupancy of the premises as such may appear from time to time during the term of this lease and shall not commit nor suffer to be committed any nuisance on or waste of the premises. 2. Right of Entry and Inspection. Lessee shall permit the City or the City’s duly authorized agents, employees or representatives to enter upon the leased premises at all reasonable times for the purpose of inspection. 3. Damage. It is specifically understood that any damage caused by Lessee or their guests to the premises during the term of this Lease shall be promptly corrected or replaced at the Lessee’ expense. 4. Repairs. All repairs to the premises during the terms of this lease shall be the sole responsibility of the Lessee. ARTICLE XV Time of the Essence Time is and shall be deemed of the essence in respect to the performance of each provision of this lease. ARTICLE XVI Mortgages and Subleases Lessee may not assign their rights under this lease or assign or encumber the premises without the prior written consent of the City. ARTICLE XVII Surrender Upon Termination Upon the termination or cancellation of this lease Lessee, at their expense, shall remove from the premises all merchandise, furniture, furnishings, equipment or any other personal property belonging to it, and shall quietly and peaceably surrender possession of the leased premises in a similar or an improved condition as when received. There shall not be any holding- over by Lessee beyond the termination or cancellation of this lease. Any such holding-over by 101 10 Lessee shall incur to the City a penalty fee of $100.00 per day. ARTICLE XVIII Entire Agreement This lease and attached Exhibit A shall be deemed to include the entire agreement between the parties hereto and no waiver of any right, agreement or condition herein and no modification of any term or condition herein shall be binding upon either party unless in writing and signed by the parties. ARTICLE XIX Partial Invalidity In the event any provision of this Lease or part thereof shall be determined by any court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. ARTICLE XX Notices/Demands Notices or demands required hereunder shall be in writing and shall be sent by certified mail (return receipt requested) to those persons at the addresses noted herein. The address of either party hereinabove set forth may be changed from time to time by giving written notice in that regard. All payments required to be made hereunder shall be made at the appropriat e address hereinabove set forth or to such address as either of the parties may from time to time specify. CITY OF LAUREL LESSEE: By:________________________________ By_________________________________ Mayor Laurel Lions Club By________________________________ City Clerk/Treasurer 102 File Attachments for Item: 23. Motion to Reconsider Resolution No. R23-83: A Resolution Of The City Council Authorizing The Mayor To Approve A Change Order With Randall Contracting. 103 R23-83 Approve Change Order for Randall Contracting 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 104 105 File Attachments for Item: 24. Motion to Reconsider Resolution No. R23-84: A Resolution Of The City Council Authorizing The Mayor To Approve An Independent Contractor Service Contract With Hardrives Construction, Inc. 106 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 107 Page 1 of 5 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 108 Page 2 of 5 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 109 Page 3 of 5 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. 110 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may 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. 111 5 of 5 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 112 113 114 File Attachments for Item: 25. Resolution No. R23-85: A Resolution Of The City Council Approving And Authorizing The Disposal Of City Of Laurel Records. 115 R23-85 Approve and Authorize the Disposal of City of Laurel Records. RESOLUTION NO. R23-85 A RESOLUTION OF THE CITY COUNCIL APPROVING AND AUTHORIZING THE DISPOSAL OF CITY OF LAUREL RECORDS. WHEREAS, the City of Laurel (hereinafter “the City”) previously set the retention schedules for City records, pursuant to Schedule 8 of the Montana State Local Government Records Committee, Municipal Records Schedule; WHEREAS, certain City records constitute records that can be destroyed that are both over ten years old (RM60) and less than ten years old (RM88), and such records have been identified as ready for disposal as provided on the attached retention schedules; and WHEREAS, the adopted procedure to dispose of said records requires City of Laurel City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council has reviewed the attached listing of records for disposal and hereby directs the Clerk-Treasurer to proceed with the disposal of said records. Introduced at a regular meeting of the City Council on the 14th day of November, 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 14th day of November, 2023. APPROVED by the Mayor the 14th day of November, 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 116 APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 117 RECORDS DESTRUCTION DOCUMENT (RM88) NO. PAGE OF PAGES 1. AGENCY NAME AND DIVISION/PROGRAM: City of Laurel 2. AGENCY CONTACT: NAME: Kelly Strecker PHONE #: 406-628-7431 EMAIL:kstrecker@laurel.mt.gov 3. NOTICE OF INTENTION: The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one). Delete Incinerate Shred as Classified Toss without Restriction Other: Explain 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or imminent. Documentation attached from Historical Society. SIGNATURE: NAME AND TITLE: DATE: 5. LIST OF RECORD SERIES NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed. a. Retention Schedule Number b. Item number listed on Retention Schedule c. Record Series Title d. Retention in months/years e. Inclusive Dates f. Volume in Cubic Feet g. Disposition Action and Date completed after Authorization 8 1 Pg50 AR Activity Ambulance 5y FY 13, 13, 16, 17 1 8 3 Pg 53 Journal Adjustments Records 5y FY 08, 09, 10, 11, 12, 13, 14, 15, 16, 17 1 8 5 Pg 62 Budget Working Papers 5 y FY 16,17.18 1 8 6 Pg 78 Insurance: Claims 2y FY 13, 14 .5 8 20a Pg 81 Workers Comp. 2y FY 14, 15 .5 8 8Pg116 Monthly Operating Reports 5y FY15 .5 8 3 Pg50 AR Trial Balance 5y FY13/14 1 8 1b Pg 34 CDBG Project File 5y FY 09, 10 1 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. Custodian/Records Manager Name: Date: Signature: 7. DISPOSAL CERTIFICATE: The above listed records have been disposed of in the manner and on the date shown in column g. Name and Title: Signature: 118 5. LIST OF RECORD SERIES-CONTINUED NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed. a. Retention Schedule Number b. Item number listed on Retention Schedule c. Record Series Title d. Retention in months/years e. Inclusive Dates f. Volume in Cubic Feet g. Disposition Action and Date completed after Authorization 8 9 Pg 79 Labor Union Negotiations Records 8y 2011 1 8 5 Pg 25 Claims 5y FY 11, 12, 13, 14, 15, 16, 17, 18 Electronic 8 5 Pg 90 Permits 5y FY 07, 08, 09, 10 ,11, 12, 13, 14, 15, 16, 17, 18 1 8 4 Pg 22 Commission/Council Meetings:Sound/Video Recordings 1y FY 22 Electronic 8 3b Pg 20 Commission/Council Meetings: Agendas 2y FY 92-21 1 8 3b Pg 22 Boards/Commissions Agendas 2y FY 99-21 1 8 3a Pg 62 Bid & Proposal 8y FY 07-14 1 8 8 Pg 83 W-2 4y FY81-00 1 8 12 Pg 79 Payroll Registers 50y FY 57-72 .25 8 1 Pg 47 Bank Statements 5y FY 16, 17 1 8 2 Pg 53 Revenue Vouchures 5y FY16, 17 1 8 3 Pg 110 Deposits 3y FY 16, 17 1 8 3 Pg 50 Balancing 5y FY 16, 17 1 8 2 pg 48 Canceld Vendor Checks 5y FY 17 1 8 13 pg 65 Insurance Policies 5y FY12, 13, 14, 15,16,17 2 8 18 PG 80 Requistion For Hiring 2y FY 17, 18, 19, 20, 21 1 119 120 File Attachments for Item: 26. Resoultion R23-86: A Resolution Of The City Council Approving An Encroachment Permit For A Portion Of The Alleyway Off Second Avenue Near #9 Second Avenue. 121 R23-86 Approve Encroachment Permit for Alleyway Near #9 Second Avenue RESOLUTION NO. R23-86 A RESOLUTION OF THE CITY COUNCIL APPROVING AN ENCROACHMENT PERMIT FOR A PORTION OF THE ALLEYWAY OFF SECOND AVENUE NEAR #9 SECOND AVENUE. WHEREAS, Ron Seder, the Owner of the Building located at #9 Second Avenue, Laurel MT (hereinafter “the Property Owner”), has filed an Application seeking an Encroachment Permit authorizing the installation of bollards in the alleyway off Second Avenue near #9 Second Avenue, Laurel MT; WHEREAS, the Property Owner has advised that a portion of the City alleyway, 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 traffic in the alleyway; 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 authorizing the installation of bollards in the alleyway off Second Avenue near #9 Second Avenue, Laurel MT; and BE IT FURTHER RESOLVED that the Encroachment Permit shall remain valid and run with the property for thirty (30) days. Introduced at a regular meeting of the City Council on the 14th day of November 2023, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the 14th day of November 2023. APPROVED by the Mayor the 14th day of November 2023. 122 R23-86 Approve Encroachment Permit for Alleyway Near #9 Second Avenue CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 123 124 125 126 127 128 File Attachments for Item: 27. Ordinance No. O23-04: An Ordinance Amending Title 12, Chapters 12.18.010 And 12.18.060 Of The Laurel Municipal Code Related To Special Events Permits. 129 Ordinance No. 023-04 Amend Title 12, Chapter 12.18 (Special Events Permits) ORDINANCE NO. 023-04 AN ORDINANCE AMENDING TITLE 12, CHAPTERS 12.18.010 AND 12.18.060 OF THE LAUREL MUNICIPAL CODE RELATED TO SPECIAL EVENTS PERMITS. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating Chapters, Sections, and Subsections to address situations and problems within the City and to remain in accordance with Montana law; WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the existing LMC § 12.18 et al, as noted herein, and hereby recommends the same to the City Council for their full approval; and WHEREAS, the proposed changes to the existing LMC § 12.18.010 and 12.18.060 are attached hereto and hereby fully incorporated herein. See attached revised Chapters and proposed Ordinance changes. This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on the 14th day of November 2023, upon Motion by Council Member _____________________. PASSED and ADOPTED by the Laurel City Council on second reading on the 28th day of November 2023, upon Motion by Council Member _____________________. APPROVED BY THE MAYOR on the 28th day of November 2023. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer 130 Ordinance No. 023-04 Amend Title 12, Chapter 12.18 (Special Events Permits) APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 131 Created: 2023-10-23 14:37:20 [EST] (Supp. No. 20) Page 1 of 2 Chapter 12.18 SPECIAL EVENT PERMITS 12.18.010 Requirement to obtain special event permit. A. It is unlawful for any person to conduct any event in or upon any public street, highway, sidewalk, alley, or other public way owned, controlled, or maintained by or within the city, or knowingly participate in any such event, unless and until a special event permit to conduct such event has been obtained from the city. B. It is unlawful for any person to conduct any event in or upon property owned, controlled, or maintained by the city, or knowingly participate in any such event, unless and until a special event permit to conduct such event has been obtained from the city if: 1. The event involves more than fiftytwenty-five people; 2. The event involves the consumption of alcoholic beverages; 3. The event involves the physical alteration to city property; 4. The event involves vending/solicitation; or 5. If fees are to be collected by the permittee for the event. C. The following activities are exempt from the special event permit requirement: funeral processions, lawful picketing on sidewalks when the number of participants does not substantially impede, obstruct, impair, or interfere with the free use of the sidewalk or the conduct of business, and activities conducted by a governmental agency acting within its scope of authority. (Ord. 07-03 (part), 2007) (Ord. No. O22-06, 11-8-2022) 12.18.060 Insurance and indemnity. Sponsoring persons, organizations, companies, corporations, or other entities applying for a special event permit shall hold the city harmless and indemnify from any and all claims, damages, loses and expenses arising from the special event. Applicants for a special event permit shall agree in writing to hold harmless and indemnify the city for any and all claims, lawsuits, or liability, including attorney's fees and costs allegedly arising out of the loss, damage, or injury to persons or personal or public property occurring during the course of or pertaining to the special event caused by the events sponsoring organizations, companies, corporations, or other entities, their officers, employees, or agents. The sponsoring organization shall carry appropriate insurance as required by the city, including comprehensive general liability, automobile liability and/or designated premises liability in the minimum amount of onetwo million dollars per occurrence and twofour million dollars aggregate per event or location, and when deemed necessary, the City can require more insurance coverage for higher-exposure events. The city must be named as an additional named insured. The mayor has the authority to waive the requirements contained in this section. Additionally, the mayor may require insurance coverage in a higher or lower amount based upon the type of special event, the number of persons anticipated to attend the special event, or the anticipated number of person s participating in the special event. 132 Created: 2023-10-23 14:37:21 [EST] (Supp. No. 20) Page 2 of 2 Each applicant shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the conduct of the applicant or its officers, employees, and agents. The agreement must be submitted to the mayor with the application for a special event permit. (Ord. 07-03 (part), 2007) (Ord. No. O14-02, 7-15-2014; Ord. No. O22-06, 11-8-2022) 133