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HomeMy WebLinkAboutCouncil Workshop Packet 10.01.2024 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, OCTOBER 01, 2024 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Because of the Rules that govern public meetings, Council is not permitted to speak in response to any issue raised that is a non-Agenda item. The Mayor may provide factual information in response, with the intention that the matter may be addressed at a later meeting. In addition, City Council may request that a particular non-Agenda item be placed on an upcoming Agenda, for consideration. Citizens should not construe Council’s “silence” on an issue as an opinion, one way or the other, regarding that non-Agenda matter. Council simply cannot debate an item that is not on the Agenda, and therefore, they must simply listen to the feedback given during public input. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony, and written evidence. General Items Executive Review 1. Resolution - Resolution Of The City Council Approving An Application For Special Review For A Business To Be Called “The Board Of Trade” Authorizing The Onsite Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At 117 ½ East Main Street, City Of Laurel 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute Amendment 1 And Amendment 2 To The Original Task Order Previously Approved By City Council Via Resolution R 23-81 For The Project Known As The 5th - 7th Sewer Line Replacement With KLJ Engineering, LLC. 3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Red Ridge Construction. Council Issues 4. Discussion - Food Trucks 5. Closed Executive Session - Litigation Strategy Other Items Attendance at Upcoming Council Meeting Announcements The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 5100, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. 1 File Attachments for Item: 1. Resolution - Resolution Of The City Council Approving An Application For Special Review For A Business To Be Called “The Board Of Trade” Authorizing The Onsite Sale And Consumption Of Alcohol On Premises, Within An Existing Structure Located At 117 ½ East Main Street, City Of Laurel 2 R24-_____ Special Review for The Board of Trade, 117 ½ East Main Street RESOLUTION NO. R24-____ RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL REVIEW FOR A BUSINESS TO BE CALLED “THE BOARD OF TRADE” AUTHORIZING THE ONSITE SALE AND CONSUMPTION OF ALCOHOL ON PREMISES, WITHIN AN EXISTING STRUCTURE LOCATED AT 117 ½ EAST MAIN STREET, CITY OF LAUREL WHEREAS, The Board of Trade (hereinafter “Applicant"), submitted a Special Review Application for the property located at 117 ½ East Main Street, Laurel MT 59044, which is currently zoned within the Laurel Central Business Zoning District (hereinafter “CBZD”) within the City of Laurel; and WHEREAS, the Applicant seeks to provide for the sale and consumption of alcohol on its premises, within an existing structure located at 117 ½ East Main Street, Laurel MT 59044, to be known as The Board of Trade, more particularly described as Allard Subdivision, Lots 9 and 10, Block 27, Section 9, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County, Montana; WHEREAS, the Applicant seeks such Special Review pursuant to and anticipating its purchase and transfer of an All-Beverage Liquor License presently held by Sonny O’Day, Inc. with the State of Montana; WHEREAS, the Laurel Municipal Code authorizes such action upon City Council approval through the Special Review Procedure; and WHEREAS, the Applicant submitted an Application for Special Review to the Laurel- Yellowstone City-County Planning Board (acting as the Zoning Commission) for review and consideration. The Planning Board (acting as the Zoning Commission) considered this matter on September 18, 2024 and recommends the City Council's approval of the Application for Special Review, subject to the following conditions: 1. Any applicable permits, including but not limited to building permits, sign permits, and right-of-way permits must be applied for within twelve (12) months of the approval. 2. Construction of any improvements to the site and building must be completed within twelve (12) months of approval of the Application for Special Review. Applicant may request an extension if necessary. 3. The operation of the business at the site shall not constitute a nuisance. 3 R24-_____ Special Review for The Board of Trade, 117 ½ East Main Street 4. Any use of the property not specifically included in this approval or allowable within its underlying zoning district shall be deemed a violation of the Laurel Zoning Code. 5. Any subsequent use or change of use associated with this Application for Special Review shall require Applicant to submit additional documentation to the City of Laurel for subsequent processing and approval or denial. WHEREAS, a public hearing was held on the 18th day of September, 2024, with the Zoning Commission; WHEREAS, the City Council of the City of Laurel hereby finds, based upon the recommendation of the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing of the Zoning Commission, that it is in the best interests of the residents of the City of Laurel to approve the Application for Special Review as provided in the Staff Report and Findings attached hereto, subject to the above stated conditions. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves t he Application for Special Review to allow the Applicant to provide for the sale and consumption of alcohol on its premises, located at 117 ½ East Main Street, Laurel MT 59044; and BE IT FURTHER RESOLVED that the approval of the Application for Special Review is site-specific to this address, and the approval granted herein is subject to the conditions listed in this Resolution, the Staff Report, and all attachments thereto; FINALLY, BE IT RESOLVED that the Application for Special Review, Staff Report, and all attachments thereto are hereby incorporated as part of this Resolution. Introduced at a regular meeting of the City Council on the _____ day of September, 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of September, 2024. APPROVED by the Mayor the _____ day of September, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor 4 R24-_____ Special Review for The Board of Trade, 117 ½ East Main Street ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File Attachments for Item: 2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute Amendment 1 And Amendment 2 To The Original Task Order Previously Approved By City Council Via Resolution R 23-81 For The Project Known As The 5th - 7th Sewer Line Replacement With KLJ Engineering, LLC. 29 R24-____ Approve Amendments for Sewer Line Replacement Project RESOLUTION NO. R24-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT 1 AND AMENDMENT 2 TO THE ORIGINAL TASK ORDER PREVIOUSLY APPROVED BY CITY COUNCIL VIA RESOLUTION R 23- 81 FOR THE PROJECT KNOWN AS THE 5TH - 7TH SEWER LINE REPLACEMENT WITH KLJ ENGINEERING, LLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. Amendment 1 and Amendment 2 to the Task Order for the Project known as the 5th-7th Sewer Line Replacement, copies attached hereto and incorporated herein (hereinafter “Amendment 1 and Amendment 2”), is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute both Amendments on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of September, 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of September, 2024. APPROVED by the Mayor the _____ day of September, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 30 31 Page 1 Exhibit K – Amendment to Task Order EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved. This is EXHIBIT K, consisting of [1] pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services Task Order dated September 26, 2023. Amendment 1 To Task Order: 5th -7th Sewer Line Replacement 1. Background Data: a.Effective Date of Task Order:September 12th, 2023 b.Owner:City of Laurel, Montana c.Engineer:KLJ Engineering LLC d.Specific Project:5th – 7th Sewer Line Replacement 2. Description of Modifications a. Engineer shall perform the following Additional Services: As outlined in Attached Exhibit A 3. Task Order Summary (Reference only) a. Original Task Order amount: $95,800 b. Net change for prior amendments: $0 c. This amendment amount: $16,200 d. Adjusted Task Order amount: $112,000 The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order, including those set forth in the Agreement. Owner and Engineer hereby agree to modify the above-referenced Task Order as set forth in this Amendment. All provisions of the Agreement and Task Order not modified by this, or previous Amendments remain in effect. The Effective Date of this Amendment is . OWNER: City of Laurel ENGINEER: KLJ Engineering LLC By: By: Title: Title: Date Signed: Date Signed: 32 Associate Vice President, Municipal June 12, 2024 33 34 35 R24-____ Approve Amendments for Sewer Line Replacement Project RESOLUTION NO. R24-_____ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AMENDEMENT 1 AND AMENDMENT 2 TO THE ORIGINAL TASK ORDER PREVIOUSLY APPROVED BY CITY COUNCIL VIA RESOLUTION 23-81 FOR THE PROJECT KNOWN AS THE 5TH - 7TH SEWER LINE REPLACEMENT WITH KLJ ENGINEERING, LLC. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. Amendment 1 and Amendment 2 to the Task Order for the Project known as the 5th-7th Sewer Line Replacement copies attached hereto and incorporated herein (hereinafter “Amendment 1 and Amendment 2”), is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute both amendments on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of September, 2024, by Council Member ________________. PASSED and APPROVED by the City Council of the City of Laurel the _____ day of September, 2024. APPROVED by the Mayor the _____ day of September, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 36 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 This is EXHIBIT A, consisting of 2 pages, referred to in and part of the Task Order Amendment 1 dated _______________. Engineer's Services for Task Order: 5th – 7th Sewer Line Replacement – Amendment 1 PART 1—BASIC SERVICES A1.01 Project Management – Refer to original Task Order Agreement (TO) A1.02 Topography and Boundary Survey: A. Engineer will extend Topographic and Base Drawing services described in the TO to include the alley running north from Kwiki Car Wash to West 1st Street. Additional survey and base mapping will be confined to the alley right-of-way and will include cross sections of the south half of West 1st Street up to 100-feet each side of the alley. B. In addition to services described in TO, Engineer will provide the following: 1. Prepare a preliminary grading design of the alley described above and adjustments that may be needed to the east-west alley between North 5th Street and North 6th Street, as needed to achieve surface drainage away from adjacent buildings. 2. Prepare preliminary cost estimate for Contractor to complete this additional work through a Change Order. 3. Meet with City Public Works Department to review preliminary plan. A1.03 Final Design Phase A. In addition to services described in TO, Engineer will provide the following: 1. Revise the Preliminary Design plan to address input from the City Public Works Department. Prepare final plan and profile sheets to be included as a revision to the current design drawings. A1.04 Bidding or Negotiating Phase – Refer to original TO A1.05 Construction Phase A. Engineer will extend services described in TO to include the following: 1. Coordinate with Contractor and Owner to negotiate a Change Order to include additional work in current construction contract. 2. Provide up to an additional 20 hours of on-site RPR time for observation of additional alley work. 3. Provide one day of additional construction staking to stake alley grading. Engineer’s scope is based on Contractor using single set of stakes for both subgrade and final surfacing. No blue tops are provided. 37 Exhibit A – Engineer's Services – 5th – 7th Sewer Line Replacement EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services – Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 A1.06 Post-Construction Phase – Refer to original TO A1.07 Commissioning Phase—Not Included A1.08 Other Services—Not Included PART 2—ADDITIONAL SERVICES – Refer to original TO 38 File Attachments for Item: 3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An Independent Contractor Service Contract With Red Ridge Construction. 39 R24-__ Approve Independent Contractor Service Contract by and between the City of Laurel and Red Ridge Construction RESOLUTION NO. R24-__ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH RED RIDGE CONSTRUCTION. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel (hereinafter “the City”) and Red Ridge Construction, 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 Red Ridge Construction on behalf of the City. Introduced at a regular meeting of the City Council on the _____ day of ___________________, 2024 by Council Member ______. PASSED and APPROVED by the City Council of the City of Laurel on the _____ day of ___________________, 2024. APPROVED by the Mayor on the _____ day of ___________________, 2024. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Kelly Strecker, Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Michele L. Braukmann, Civil City Attorney 40 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 8th day of October 2024, 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 Red Ridge Construction, a contractor licensed to conduct business in the State of Montana, whose address is 615 Idaho Ave, Laurel MT 59044, 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 September 24, 2024, 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 five thousand eight hundred eighty dollars and no cents ($5,880.00) 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 personne l policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor 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 41 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 42 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 m erit 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. 43 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 not 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. 44 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 8th DAY OF OCTOBER 2024. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Dave Waggoner, Mayor Red Ridge Construction ATTEST: Employer Identification Number ___________________________________ __________________________ Kelly Strecker, Clerk/Treasurer 45 46