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HomeMy WebLinkAboutResolution No. R24-95 - Fail -W H'DKIOU� Jill WHEREAS, the Charter for the City of Laurel (hereinafter "the City") allows for the appointment of a Chief Administrative Officer, specifying as follows: 1. There may be a chief administrative officer appointed by written contract the terms of which shall be negotiated by the mayor for approval by the city council. The term of the contract shall not exceed two years unless specifically extended or renewed by majority vote of the council. The chief administrative officer shall serve under the direct supervision of the mayor and shall perform those duties delegated to the officer by the mayor. The chief administrative officer may exercise such supervisory authority as may be delegated in writing by the mayor and approved by resolution of the council. The chief administrative officer shall not have the authority to terminate any city employee, that authority being reserved to the mayor. WHEREAS, the City has employed various different individuals as Chief Administrative Officers in the past, who have served under the direction of the Mayor; WHEREAS, pursuant to the Charter for the City, the Mayor may delegate various duties to a Chief Administrative Officer; WHEREAS, the City believes that it is reasonable and appropriate to, upon the recommendation of the Mayor, appoint a Chief Administrative Officer; and WHEREAS, pursuant to the Charter for the City, the Mayor may negotiate terms of a written contract for a Chief Administrative Officer to be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby directs the Mayor to recommend the appointment of a Chief Administrative Officer and to negotiate the terms of a written contract for that Chief Administrative Officer to be approved by the City Council. R24-95 Direct Recommendation of CAO by Mayor Introduced at a regular meeting of the City Council on the 26'h day of November 2024, by Council Member Spraks. PASSED and APPROVED by the City Council of the City of Laurel the 26th day of November 2024. APPROVED by the Mayor the 26t" day of November 2024. CITY OF LAUREL Dave Waggoner, Mayor ATTEST: Kelly Strecker, Clerk -Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R24-95 Direct Recommendation of CAO by Mayor `i•e chief adin • - s s a- a •� • • • s a • • a•N • ^* • . • s • - s • � • _ s s • s - • • . s- o -. . o � CITYHALL Laurell, WORKS:115W.Istst City of PUB i P.O.PIAM FAX: 629-2241 WATER *' 628-7431 Latirel. Moutmia 59044 WM FAX: 628-2289 ADMINISTRATIVE #, r Mayor's Office A Chief Administrative Officer (CAO) is an important role in many cities and municipalities. The CAO is typically a senior executive who manages the day-to-day operations of the City's government, reporting directly to the Mayor. Below are some of the significant benefits of a City having a Chief Administrative Officer: 1. Streamlined Governance and Decision -Making Centralized Leadership: The CAO acts as the central point of contact for all administrative operations within the City government. This centralized leadership helps streamline decision- making and ensures that policies and directives are consistently implemented across departments. Consistency and Efficiency: By having a single individual overseeing the daily operations of the City, the CAO can reduce duplication of efforts, resolve inter -departmental conflicts, and ensure a unified vision is executed across various City functions. 2. Professional Management of City Operations Executive Expertise: The CAO typically has extensive management experience and expertise. This professional background helps ensure that the City is run efficiently and that public services are delivered in a manner that is both effective and accountable. Operational Focus: While elected officials, such as the Mayor or City council, are responsible for setting policy and strategic direction, the CAO focuses on implementing those policies. This professional management helps ensure that the City's operations run smoothly and that daily governance is not bogged down by political cycles or micromanagement. 3. Improved Accountability and Transparency Clear Reporting Structure: The CAO acts as a key figure who provides transparent reporting on the City's operations, fiscal health, and performance metrics. The CAO is typically responsible for preparing reports and updates for the City Council and Mayor, making it easier to track progress and identify issues in real time. Accountability to Elected Officials: The CAO helps ensure that the City's administration is accountable to elected officials (e.g., Mayor, City council). They report to these elected leaders about operational outcomes, ensuring that decisions are based on accurate data and effective perforinance metrics. Budget Oversight: One of the critical responsibilities of the CAO is overseeing the City's budget. By managing the budget preparation process, ensuring cost-effective allocation of resources, and identifying areas for financial improvement, the CAO helps ensure that the City's financial resources are used efficiently and in accordance with strategic priorities. Long -Term Financial Planning: The CAO is also responsible for ensuring long-term fiscal health, including planning for future capital projects, managing City debt, and working on sustainable revenue generation strategies. Crisis Leadership: In times of emergency or crisis (natural disasters, economic downturns, public health issues), the CAO plays a crucial role in coordinating responses across City departments, allocating resources effectively, and ensuring that the City can respond to emergencies quickly and efficiently. Proactive Risk Management: By overseeing all departments and operations, the CAO can help identify potential risks to the City, such as financial mismanagement, security threats, or operational inefficiencies, and implement strategies to mitigate these risks. 6. Strategic Planning and Long -Term Vision Implementing Policy Goals: While elected officials set the policy agenda, the CAO is responsible for translating these goals into actionable plans. The CAO works with various departments to align operational efforts with the City's long-term strategic objectives, ensuring that policy initiatives are carried out effectively. Fostering Innovation: The CAO's role often involves driving innovation within City operations. This could mean improving service delivery, implementing new technologies, or finding creative solutions to problems like housing shortages, infrastructure issues, or environmental sustainability. 111 !3` - i t, r Better Public Services: With a CAO managing the day-to-day operations, City services (e.g., public safety, parks, public health) are better coordinated, and the focus is on customer satisfaction. The CAO ensures that services are not only delivered efficiently but also with a focus on responsiveness and quality. Citizen -Centric Approach: The CAO can help establish systems that focus on continuous improvement of service delivery based on community feedback, thereby increasing citizen satisfaction. Human Resources Oversight: The CAO plays a significant role in managing the City's workforce, overseeing hiring practices, employee training, development, and retention. Effective human resources management helps ensure that the City employs qualified professionals who are aligned with the City's values and objectives. Cultural Leadership: The CAO helps set the tone for the culture of the City government, emphasizing values such as transparency, efficiency, accountability, and responsiveness. They work to create an organizational culture that supports these values, ultimately improving the effectiveness of the City government. 9. Improved Collaboration and Coordination Across Departments Cross -Departmental Collaboration: Many City functions (e.g., planning, public works, emergency response services, transportation, library services) require coordination between different departments. The CAO plays an important role in fostering inter -departmental collaboration and resolving conflicts that may arise between departments. Breaking Down Silos: The CAO's oversight can help eliminate silos between departments, ensuring that all City services are aligned towards common goals, such as improving quality of life or addressing challenges for citizens. 10. Political Stability and Continuity Buffer Between Politics and Administration: The CAO can act as a buffer between political leadership and administrative functions. This is especially important in cities where political leadership changes frequently (e.g., through elections), as the CAO provides continuity in governance and ensures that long-term City operations are not disrupted by political transitions. Stability in Government: The CAO ensures that the day-to-day functioning of the City remains stable, even as elected officials change or policy priorities shift. This provides stability for employees, residents, and stakeholders who rely on consistent governance. Engagement with the Private Sector: The CAO can help foster productive relationships between the City government and private companies, non -profits, and other external stakeholders. These partnerships can lead to more innovative solutions, better resource allocation, and enhanced service delivery in areas like infrastructure, development, or economic growth. Leveraging Resources: With a CAO in place, a City can more effectively identify opportunities for collaboration with the private sector to fund and execute large-scale public projects, such as public transportation, affordable housing, or urban renewal. Conclusion In summary, a Chief Administrative Officer (CAO) brings significant benefits to a City by providing professional, efficient, and coordinated management of day-to-day operations. This role enables better decision-making, improved service delivery, financial oversight, crisis management, and long-term strategic planning. By overseeing the implementation of policies, managing resources effectively, and fostering collaboration across departments, the CAO helps ensure that the City functions smoothly, remains financially sustainable, and is able to meet the needs of its citizens. ® 128 Cities/Towns in the State of Montana 112 Cities/Towns in the State of Montana have consolidated forms of government, employing a traditional Mayor/Council form, that allows the appointment of a City CAO or City Manager ® Representative examples of Cities presently utilizing CAOs/City Managers: o Polson o Helena o Whitefish o Hamilton o Columbia Falls o Miles City o Great Falls o Livingston o Belgrade o Bozeman o Billings o Kalispell o Lewistown o Harlowton o Libby o Missoula o Butte Laurel I 15 U7, ist, St. %'Aty of PUB WORKS: P.O. Box r WATER OFFICE: s # L FAX: 628-2289 MAYOR:VVTR Mayor's Office DEPARTMENT ® 128 Cities/Towns in the State of Montana 112 Cities/Towns in the State of Montana have consolidated forms of government, employing a traditional Mayor/Council form, that allows the appointment of a City CAO or City Manager ® Representative examples of Cities presently utilizing CAOs/City Managers: o Polson o Helena o Whitefish o Hamilton o Columbia Falls o Miles City o Great Falls o Livingston o Belgrade o Bozeman o Billings o Kalispell o Lewistown o Harlowton o Libby o Missoula o Butte Section 1: Awroval. The contract negotiated between the City of Laurel and Heidi Jensen for the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: E&e–q—utjgjn–. The Mayor and City Clerk -Treasurer of the City of Laurel m ,. w hereby given .,n execute , authority e •.TM �! eagreement on behalf of the Introduced at a T Member *City il PASSED and APPROVED by the City Council ofthe City of Laurel this Oday of .ts': 4 # E ATTEST: Arley Ewan, Clertc-Treasurer aim k. E" a. 0EF This employment contract is made and effective this 4th day of October, 2011, by and between the City of Laurel, Montana, hereinafter referred to as "City" and Heidi Jensen, hereinatter referred to as the "Employee." Employee, jointly. Employee1.1 !ffi City has classified the position as an ed Job Description attachedhereto i incorporatedexempt/non-union Employeecommence... i i a• � i 3 as °! in *r- 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Mayor. 2. Sataxy City shall compensate Employee as fi)llows: 2.1 City shall pay Employee for her services reodered pursuant hereto an annual base >. :, of $67,500 i.r year,payable installments . ':! _ same time as other aVloyees of the City are paid. The City shall contribute r0 to Employee's of Compensation Plan on a twnthly basi& Employee is eligible fDr an increase in the base salary provided herein equal to any : .. i'salary theprovides other non-union employeesduringfiscal years subsequent to 2011-2012. 2.2 Eagom City recognizes that certain expenses of a non -personal aW s' i! :. i.nature are!! :,i 14 i pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 2.3 e.. °' payments made to and on behalf ofEmployeecontract ',: re 'i"`:i° towithholdingof / required lederal, state or local income i employniett taxes. 3.1 The term of this contract shall be for five (5) years commencing the date section11. Bondinp- City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter or any applicable law or ordinance. 12. Other Terms and Conditions of E_mR12Xment. The Mayor, in consultation with ti, Employee, shall fix other term and conditions of employment, as they may determine necessary from time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, th City's Charter, Ordinances or any other applicable law. JL_n City shall defend, save harmless and indemnify Employee againsl any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compron-dse and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this #i apply 13.1 The conduct of Employee complained of constitutes oppression, fraud or wal employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense defined under Montana law; or, i hili & Employee acknowledges that the CAO must be available by either cell or telephone after work hours in cases of emergency Employee shall provide the Mayor and The City does not require the CAO to be on-call, simply available by telephone if an emergency should arise for purposes of notification. 15. Miseeflaneous, This Contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof This Contract may be clmVed only by an agreement in writing signed by the party agamst whom any waiver, change, amendment or modification is sought. This Contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of # inure to the benefit of Employee's heirs and executors at law. Cl t T L Will. . EMPLOYEE: 3040 it p. 59102 .. ��•_ „°`!`'#`tom ��9a IC +� " ;.i W114i i Hp-llf KIRLSID-1 CIO (4 f IN WITNESS WHEREOF, the parties " f have executed this Contract the day abovefirst ATTEST: Shirley Ewan, Clerk- re ewer t EMPLOYEE: &&- C,/ Heidi Jensen 5 V00" 3x 0� oe", m, Section 1: Apmn! The contract negotiated between the city of Laurel and William Sheridan fkthe Chief Administrative Officer position is accepted and hereby approved. °A, copy is attachedhereto for ik# Section 2: Ex—cwtim, The Mayor and City Clerk -Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the Introduced at a regular meeting of the City Council on July 1, 2008, by Council [Aernber S t - PASSED and APPROVED by the City Council of the City s rt day of 2008. pq . . . . ........ . 171,77) , # # ATTEST: R4&72 Chief Admiminra#ive Officer Conbl t kJONEWYM 3.1 The term of this contract shall be for two (2) years commencing on July 1, 2008, after execution by the Parties and subject to the approval of the City Council 3.2 Nothing in this coritrad shall prevent, limit or otherwise interfere with the authority of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forffi in Section 7, Paragraphs 7.1 through 7.5, of this contracL 3.3 Nothing in this contract shaU prevent, limit or otherwise interfere with the right of ..l.... FAnployeeto resign at anyfrom i} position with City, suNectonly !' the provision set forth in Section 7, Paragraphs 7.4 and 7.6 of this confta 3.4 Employee agrees to remain in the exclusive employ of City and to not w"Tt any other _ -t} # f or to become employed by any other ,.. t # ,3 f ` _ unless termination :: affected as hereinafter provided. '"#.'" `m .."'!'t.t,f: and/or"# fi f .'![, shall not 'f..."` construed to include occasional teaching, wfifin& consulting or niffitary reserve service performed on w„, Employee'sf'! Al. SginalLon. 'Me Mayor may suspend the Employee in accordance with the City's (i ersonnelPolicy!. time Y F the term of this contract 5. The City shall provide Employee the same benefits provided its other non - f # y. BggMffiftflon and 4 % Employee represents he/she i < t # maintainthestandard #.' personal and professional conduct '4 the .a. !! 7. Termumflon Of EMDIOVMCDIL 7.1 This contract: and Employee's employment immediately terminate upon Employee's death or disability. 7.2 If the Mayor terminates Employee without cause and Employee is willing and able to perform his dudes under this contract then City shall pay Employee a lump sum payment equalt two months aggregate salary, y.., _ $le benefit, € 6€'t i t f!Employee shall also be compensated for 411 accrued and reniaining leave in accordance with Section V of the Citys Personnel PoHcy Manual. However, if Employee is terminated "fear cause or voluntarily resigns his employment City 11. City shall bear the full cost of any fidelity or other bonds required of the Employee under its ra, _ or any applicable law o. ordinance. Charter,Ordinances or any other applicable 13.2 The # c of Employee complained of constitutes#:Ec < offense #-E#.# under Montana lavr, or, 14. Employee shall zeside within the City limits of the City of Uurel when helshe obtains an acceptable home to mt or purchase. 15. Ay ; i e'C .. This Contract .# t a. ! f.:`. entire g ;I :.' .l and # #p.:: J. . #. ;... an prior 2greements and 8 ui'EJ ;: ;# # # • oral or #:. ;;.+t a, tf respect to the subjectmatter hereof i,,p t Contract may be changed # by t. agreement in writing signed by party against : #. whom mt# °<. i waiver, change, amendment or modification is sought 11tis ContractJ...I be construed ?nd enforeed in accordance with the City' s Charter, Ordinances and applicable laws of the — State E #i t`. i- „! i P f E :i," t • • # # . :-1 .# i t: .. r # the benefitof Employee'sheirs andexecutors IN WITNESS firA above ATTEST: 4WIFee" 54 r -4F 2! 4 0 A Section 1: Approval.. The contract negotiated between the City's Mayor and Matthew R. Lurker, Sr. for the Chief Administrative Officer position is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Ejecution. The Mayor and City Clerk -Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Introduced at a meeting of the City Council on June 19, 2018, by Council Memb-" M CG a a I PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 19'h day of June 2018. NWAIUMMU117W, no i mfy- o R18-34 Chief Administrative Officer Contract This employment contract is made and effective this 2& day of June, 2018 by and between the City of Laurel, Montana, hereinafter referred to as ty" and Matthew R. Lurker Sr., hereinafter referred to as the "'Employee." When the term 'parties' is utilized in this contract, the term means the "City and Employeejointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: I Employment. City hereby employs Employee in accordance with Article 111, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written contract of employment. The parties intend to create a written contract of employment in accordance with MCA §39-2-912(2) and therefore agree that this contract and the City's Job Description attached hereto constitutes the entire agreement between the parties and that no oral promises, representations or warranties have been made or are an enforceable part of this contract. 1.1 Employee shall serve as the City's Chief Administrative Officer "CAO." The City has classified the position as an Exempt/Non-Union Position as contained in the Job Description attached hereto and incorporated herein. Employee shall commence employment under this Contract upon approval by the City Council. 1.2 Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Mayor. 1.3 The CAO shall not be reassigned from the position of City CAO to another position without the CAO's prior express written consent. 2 Salary. City shall compensate Employee, as an Exempt Non -Union Salary Employee as follows: 2.1 City shall pay Employee for services rendered pursuant hereto an annual salary in the sum of $73,000 payable in equal installments at the same time as other employees of the City are paid. Employee shall serve a six-month (180 calendar day) probation period. Upon successful completion of the probation period, Employee's annual salary shall increase to $78,000 for the Exempt Position. Employee thereafter is eligible for an annual increase on the anniversary of the Employee's start date of this Contract. Employee's annual increase shall be calculated at 1.5% of the then current salary of the Employee. 2.2 Expenses: City recognizes that certain expenses of a non -personal and generally job - affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay reasonable expenses and the City Clerk, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 1 2.3 Taxes: All payments made to and on behalf of Employee under this contract are subject to withholding of any required federal, state or local income and employment taxes. HOMM 3.1 The term of this contract shall be for four (4) years commencing the date the City Council approves the contract. The City Council may extend or renew the contract as desired. 3.2 Nothing in this contract shall prevent, limit or otherwise interfere with the authority of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 7, Paragraphs 7.1 through 7.5, of this contract. 3.3 Nothing in this contract shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position with City, subject only to the provision set forth in Section 7, Paragraphs 7.4 and 7.6 of this contract. 3.4 Employee agrees to remain in the exclusive employ of City and to not accept any other employment or to become employed by any other employer unless termination is affected as hereinafter provided. The term "employ and/or employecr shall not be construed to include occasional teaching, writing, consulting or military (Reserve, National Guard, or Auxiliary) service performed on Employee's time off. Provided that, with the prior written consent of the Mayor, Employee may continue outside professional employment (i.e. family business) which shall not in any way interfere with the performance of the city CAO's duties. 4 SMjgMLbp. The Mayor may suspend the Employee in accordance with the City's Personnel Policy Manual at any time during the term of this contract. Notice of suspension shall be made by the Mayor, in writing, identifying the start and end dates of suspension and reason for suspension. 5.1 The City shall provide Employee the same benefits provided its other non-union exempt employees under the City's Personnel Policy Manual, as amended, and as required by applicable state and federal law. 6 Reg MseqgLopjand Warranties Employee represents that he/she shall attain and maintain the standard of personal and professional conduct required by City; the rdsum6 and/or employment application furnished to City are true and accurate in all respects, are not misleading, and do not omit the provision of any material information; that the education and experience of Employee is as stated in the resume and/or application; that Employee is in good health; that Employee knows of no present condition which now or in the future may adversely affect his/her health or his/her ability to perform his/her job; and that Employee has fully disclosed to City all facts which are material to City's decision to employ the Employee. 0 I 7.1 This contract and Employee's employment immediately terminate upon Employee's death or finding or determination of a disability that prevents the Employee from performing the essential duties and responsibties of the City's CAO. 7.2 If the Mayor terminates Employee without cause and Employee is willing and able to perform his/her duties under this contract then City shall pay Employee a severance payment equivalent to four 1. d^ calendar months of Employee's then current salary. Employee shall also be compensated for all accrued and remaining vacation leave, computed on an hourly basis determined by dividing the Employee's then current annual salary by 2080 hours, and in accordance with the City's Personnel Policy Manual. City shall comply with all IRS rules and regulations governing severance pay and tax withholding requirements. However, if Employee is terminated "for cause" or voluntarily resigns his/her employme the City has no obligation to pay the severance payment provided in this paragraph. Employee shall receive payment for any remaining vacation balance as described in this paragraph. For cause means any legitimate business reason, or as otherwise defined by Montana law. 7.3 During the effective date of this contract, if City involuntarily reduces Employee's salary or otherwise refuses to comply with any provision of this contract that benefits Employee, he/she, at his/her option, may elect to be considered terminated without cause entitling him/her to the severance payment provision contained in paragraph 7.2. 7.4 If Employee resigns following a formal suggestion by the Mayor that he/she resign for no cause, Employee, may at his/her option, elect to be considered terminated at the date of such suggestion entitling him/her to the severance payment provision contained in paragraph 7.2. 7.5 If City's Mayor terminates Employee without cause at any time during the six (6) calendar months subsequent to the seating and sweating -in of a newly elected Mayor while Employee is willing and able to perform his duties under this contract, Employer shall pay the severance sum provided in paragraph 7.2 above. 7.6 If Employee voluntarily resigns his/her position with City he/she must provide the City with thirty (30) calendar days advance notice, unless the parties otherwise agree in writing. 7.7 If Employee's termination results from death or disability, City's final compensation to Employee is limited to payment for services rendered to date and payment for any accrued and remaining vacation leave in accordance with Section V of the City's Personnel Policy Manual 7.8 If Employee's termination results from cause, Employer's final compensation to Employee is limited to payment for services rendered to date in accordance with Section V of the City's Personnel Policy Manual, and payment for any accrued and remaining vacation leave calculated at the then current salary. 3 7.9 Conditioned upon the City fulfilling its obligations to pay the Severance Amount, the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the CAO waives and releases the CAD's rights to continued employment with the City and the parties waive and release the right to a hearing on the issue of good cause. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or statements about each other. 9 Confidentiality. Employee acknowledges that during his/her course of employment he/she might obtain and gather confidential information regarding the City's operations or employees. Employee further acknowledges that all confidential information is the City's property and in no event shall Employee disclose such information to any person or entity unless disclosure is requested by the City or required by law. 9 Performance Evaluation. The Mayor shall review and evaluate the performance of Employee at least once annually. The review and evaluation shall be in accordance with specific criteria developed jointly by the Mayor and Employee. Criteria may be added or deleted as the Mayor may from time to time determine necessary and proper, in consultation with the Employee. Each year, on a date agreed between the Employee and the Mayor, Employee shall provide the Mayor a self-evaluation based upon mutually agreed upon goals and performance objectives. The Mayor shall personally review the evaluation with the Employee and provide Employee an adequate opportunity to discuss the evaluation with the Mayor. 9.1 In the event the Mayor determines that the evaluation instrument, format and/or procedure are to be modified, and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. 9.2 Unless the Employee expressly requests otherwise in writing, except to the extent prohibited by or in material conflict with Applicable Laws and Authorities, the evaluation of the Employee shall at all times be conducted in a meeting with the Mayor and shall be considered private to the maximum and full extent permitted by law. Nothing herein shall prohibit the Mayor or the Employee from sharing the content of the Employee's evaluation with their respective legal counsel. 10 Professional Development. City shall budget and pay for the travel and subsistence expenses of Employee for short courses, instates, certifications, and seminars that are necessary for his/her professional development for the good of the City, if funding is available. The City desires Employee join and participate in local organizations including, but not limited to, the local Rotary Club, Laurel Chamber of Commerce, Montana League of Cities and Towns, Great Open Spaces City Management Association, and the International City/County Management Association. City shall pay Employees membership dues and annual conference fees to encourage such membership and attendance. 4 11 Bonding!. City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter or any applicable law or ordinance. 12 QL[LerTerms and Conditigns of Em loyment The Mayor, in consultation with the Employee, shall fix other terms andconditionsof employment, asthey maydetermine necessaryfrorn time to time, relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this contract, the City's Charter, ordinances or any other applicable law. 13 lndeMn_ftation. City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, costs and attorney's fees incurred in any legal proceedings, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties. City may compromise and settle any such claim or suit and will pay the amount of any settlement or judgment rendered thereon. The obligations of City under this section shall not apply if: 13.1 The conduct of Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out of the course and scope of Employee's employment; or, 13.2 The conduct of Employee complained of constitutes a criminal offense as defined under Montana law; or, 13.3 Employee compromised or settled the claim without the consent of City; or, 13.4 Employee fails or refuses to cooperate reasonably in the defense of the case. 14 AvallablIfty. Employee acknowledges that the CAO must be available by either cell or telephone after work hours in cases of emergency. Employee shall provide the Mayor and appropriate department heads his/her contact information for after hour emergency notifications. The City does not require the CAO to be on-call, simply available by telephone if an emergency should arise for purposes of notification. 15 Miscellaneous. This contract contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This contract may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment or modification is sought. This contract shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws of the State of Montana. 16 Personal Contract. The obligations and duties of the Employee hereunder shall be personal and not assignable to any person or entity, although the contract is binding and shall inure to the benefit of Employee's heirs and executors at law. 17 Notices Notices pursuant to this agreement shall be given in writing by deposit in the custody of the United States Postal Services, certified postage prepaid, addressed as follows: 61 * If to CITY: Office of the Mayor, P.O. Box 10, Laurel, MT59044; and Notice shall be deemed delivered and received as of three business days after the date of deposit of such written notice in the course of transmission in the United States Postal Service. Either party may, from time to time by written notice to the other party, designate a different address for notice purposes. 18 Rettegotiation. The Parties may commence negotiation of a subsequent employment contract six (6) months prior to the expiration of this employment contract. 9 111 lr4 I M I# I RK01 #1 q IV #I - Matthew R. Lurker Sr. 6 CITY OF LAUREL Tom C. Nelson, Mayor r Clerk -Treasurer - W-� 91,11TINXIMUM 14101 Oil 9*�-*) 4,111 al VA (#Df-Mff*02t*q 190,1vit's tf tI I t KXCI aw-GRaim I - RL ILILI UMf UUUPt d 30 appr of those voting on the question; and WHEREAS, §§ 7-1-412 (1), M.C.A. and 7-3-703 (1), M.C.A. define a charter as a i document defining the powers, structures, privileges, rights and duties of the unit of I government and the limitations thereon; and 71 WHEREAS, § 7-3-103 (2), M.C.A. enable the governing body, by ordinance, to pro to the electors an amendment of art alternative forni of local government at the next scheduled election; and WHEREAS, the City Council of the City of Laurel is the governing body of the City of Laure% and WHEREAS, the next regularly scheduled municipal election will be conducted on November 6, 2007. RIGSWO 11 11 -0,11 Mt -411 WO 114:1.110111]11111 T 0 , 1671 u-Mulst wNpUUtit ITTV Itz genena election tCUILVI 0, if and 2. The Mayor of Laurel shall cause to be prepared and widely disseminated to the publi the following certificates required by law: (A) A certificate containing the existing plan of government of the City of Laurel; t ,B) A certcate containing the proposed plan of government set forth in the proposed charter, (C) A certificate containing the plan of apportionment of the council member districts (wards) based upon the 2000 federal census data, and 007-08 Arnend1ing Form of Municipal Government - 1 fn kj.,F) A certificate comparing the existing plan of government to the proposed plan of •e 3. The ballot .*e shall conformas n_.rly as possible e the language required• folls t. FOR adoption of the self-government charter with the council -mayor plan of government for the City of Laurel as proposed by the Mayor and City Council of the City of n_ a as t w e,• �� a� .� _ • <t • {�. ..,� ,�.. � s �. <sa .-t at r; a w. _ t •s� :tea e r • �s _ yet � •� obtain a free y the proposed charter. This Ordinance sW become effective thirty (30) days after final passage by the Ci Council r by Mayor 2007,Introduced and passed on the first reading at a regular meeting of the City Council June 19 Member PASSED and ADOPTED by the Laurel City Council on second reading this Zth day of August ter motion of CouncileeStgmger 1 9i tli*�. r 00748 AnwadkS Form of MuaLtW Gov # - 2 June 19, 2007 . 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 Ken Olson at 6:30 pm. on June 19, 2007. . 0 4. - 611011.12'i I I,, F 111,1111 1 1; Emelie Eaton Doug Poehls Kate Hart Mark Mace Gay Easton Chuck Dick Vonda Hotchkiss (7:19 p.m.) Norm Stamper RM - M-. M &90—n 199M bY Louffiff Hembar to approve the minutes of the regular meeting of June 3, 2007, as presented, seconded aa. Member Hart. There was no public comment or council discussion, A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CORRESPONDENCE: Montarut Department of Revenue: Application of Issuance of One Original (New) Montana Retail Off -Premises Consumption Beer/Wine License at Wal-Mart Supercenbeer. Laurel Chamber of Commerce: Minutes of May 24,2007; Agenda of June 14, 2007. PUBLIC HEARING: None. CONSENT ITEMS: * Clark/Treasurer Financial Statements for the mouth of May 2007. ® Approval of Payroll Register for PPE 06/03/2007 totaling $143,070.87. ® Receiving the Committee Reports into the Record. —jnpja=d minutes of May 30, 2007 were presented. —DxAggffi=gp-Comms minutes of June 5, 2007 were presented. —City�v ElAming Board minutes of 7, 2007 were presented. —Council W—orW*ow minutes of June 12, 2007 were presented. The mayor asked if them was any separation of consent items. There was none. Motion by Council Member Mace to approve the consent items as presented, seconded by Council Member Dickmw. There was no Public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. CEREMONIAL CALENDAR: None. r Lj n Cotte t MhvAes of June 19, 2007 REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT'): None. SCHEDULED . Confirmation of Appointments. Lgurel Airport Authority: Mayor Olson reappointed Bob diens to a five-year term, expiring June 30, 2012, on the Laurel Airport Authority. higg—on by Council McMhSL Eaton to approve the reappointment of Bob Wiens to a five-year terra, expiring June 30, 2012, on the Laurel Airport Authority, seconded by Council Member Hart, There -vias no public comment ME - voted eye. Motion carried 7-0. Mayor Olson rem,%4inted Ed Thurner to a two -yea term. M- ou by Coug h Mern�r #,(r� to approve the reappointment of Ed T hmner to a two- year term, expiring June 30, 2009, on the Board of Appeals, seconded by Council Member Stamper. There was no public comment or council discussion. A vote was taken on the motion. All seven Ulm Board: Mayor Olson reappointed Clair Killebrew to a five-year term, expiring June 30, 2012, on the Library Motion by Council Member Hart to approve the reappointment of Clair Killebrew to a five- year. teary expiring June 30, 2012, on the Library Board, seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Tree Board: Mayor Olson reappointed Pat Had and GAY Easton to three-year terms, expiring Jerre 30, 2010, on the Tree Board. N tion _by Council M=ba &== to approve the reappointments of Pat lion and Gay Easton to three-year terms, expiring Jerre 3d, 2010, on the Tree Board, seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried. 7-0. Ci x&&Wty Planning Board: Mayor Olson reappointed Miles Walton and Hazel Klein to two-year terms, expiring June 30, 2009, on the City -County Planning Board. Mgtm by Council Member ft h s to approve the reappointments of Miles Walton and Hazel Klein to two-year terms, expiring June 30, 2009, on the City -County Planning Board, seconded by Council Member Mace. There was no public comment or council discussion. A vote was taken on the motion. All seven council members prat voted aye. Lotion carried 7-0. Cau ll Minutes of June 19, 2OD7 Commotery Commission: Mayor Olson appointed the following members to the Cemetery Commission: Norm stamper, Chairman, to a taro -year Term expiring June 30, 2009; Chuck Dickerson, Co -Chairman, to a one-year term expiring June 30, 2008; Lee Bamdt to a two-year term expiring June 30, 2009; Chuck Rodgers to a one-year term expiring June 30, 2008; and Luanne Engh to a one-year term expiring June 30, 2005. arrti r r` ♦ m approve p r m • rr,., h.i tm s enr ft o r ti - arr:.r •- a '-rao � , ;. s ,Mr mtr • s c e _ - rt Park 's!+ 4 Mayor Olson ert s Kirk Linse to a four-year term, expiring rra_ €! and Bill Haldaman to a two-year term, expiring December 31, 2008, on the Park Board. i«t* on 'a Board, seconded by €uncil Member Mace. There was no public ys rrr r or council discussion. A vote was taken on'the motion. All seven council members present voted aye. Motion c i m, n —sem An t: Mayor Olson appointed Jason Morgan and Mane Besel as Ambulance Reserve Attendants for the Laurel Ambulance Service. Motion $v &-Im br Poehls to approve the appointments of Jason Morgan and Marie Besel as Ambulance Reserve Attendants, seconded by Council Member Hart. There was no public comment or council discussion. A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0. Ordinance No. 007-08: Ordinance amending the forth of Municipal Government in the City of Laurel, County of Yellowgone, Montana. First reading. Council Member Dickerson asked if the order of the agenda could be changed so Council Member Hotchkiss would arrive in time to discuss Ordinance No. 007-0. Since the agenda had been set, the order could not be changed. Ho by Caffig Member Mace to adopt Ordinance No. 007-08, secondedby Council Member Pochls. There was no public comment. Mayor Olson introduced Dr. Ken Weaver and: Judy Mathre to address the issue. Dr. Weaver is the president of Local Government Associates. Dr. Weaver mentioned- a few procedural issues that he noticed during the council meeting. The council selectively decide in advance which will be tall call votes and winch will be dec ons. Mayor Olson s that resolutions and formai motions are a voice vote and ordinances are roll call votes, which are recorded, Di ting votes would be recorded appropriately in the minutes Dr. Weaver stated that tate law requires that all the votes be recorded in the minutes. He complimented the council on its procedure as it went through a lot of business very smoothly. Dr. Wever spoke regarding the introduction on the consent agenda. He stated that the language in the statute says that the public can comment on any item that is not on the agenda. If it is on the the public ought to wait until the agenda item to comment. Dr. Weaver stated that there is no requirement for public comment unless it is a public baring. A time limit should be placed on the public comment. Mayor Olson stated that the council allows the opportunity for public comment. Dr. Weaver stated that the proper verbiage is "I move to" rather than "l motion to". 3 Council Minutes o0une 19,2007 Mayor Olson thanked Dr. Weaver for the critiques and noted that theywere appropriate under pub] comment Judy Mathre, who is also associated -with Local Government Associates in Bozeman, asked council for questions on the charter and the ordinance. Mayor Olson asked the audience members if there were any questions of the Local Government Associates representatives. There were no questions. Dr. Weaver stated that the wrongfitil termination statute remains in effect and cannot be superseded byacharter. Wrongful terminafionprot=ts especially pube l* ployees. Dr. Weaver $wed that the Ic m language in the charter and the language in Montana State Law provide that a change in the form of government, which this would be if it is approved by the voters, does not necessarily result in a change in the elected officers of government No employee will lose office solely because of the adoption of die charter. it descriptions could be changed by the new executive, but the question regarding change in compensation is far more difficult Dr. Weaver spoke regarding direct termination as a consequence of being fired and consttuctive termination, where the person is made so uncomfortable by onerous restrictions that he/she resigns and subsequently brings an a0hon under the wrongU termination statute because he/she was compelled to resign. Both of those am unlawful actions if they are sustained by a court and an employer cannot get wound wrongU taimmation. Council Member Hart asked how many municipalities have a city manager form of government. Eleven municipalities have a city manger form of government and Bozeman adopted it first in 1923. Missoula reverted back in the 194os. miles City reverted back since the Local Goventineat Review process began, with have and unusual circumstances Judy stated that Polson just hired a city manager after the residents voted toehange its form of government last November. POIS011, had tWenty-severt applicants, ten of whom were well qualified. The individual tilted is a competent man whose physician wife will practice in Polson. Dr. Weaver said that the City of Laurel would also be competitive in the advertisement for a city manager. Dr. Weaver stated that the wording of the ordinance should be "proposing to amend" instead of "amending the form of government", as listed on the agenda. Only the electorate can amend. Mayor Olson asked regarding the mechanism for boards and committees under the new charter. Dr. Weaver stated that it is entirely the council's discretion how to appoint boards and commissions. The council's current process is correct, as the mayor appoints with the consent of the council. That process can be written into the charter. Judy stated that it is addressed in the charter under Article 2, which is about the legislative body. Section 2.09, Powers and Duties, Sub. 2, states that "all members of Boards other than tenilmrary advisory committees established by the manager shall be appointed by the Commission. The appointment process shall be prescribed by commission resolution." Dr. Weaver stated that the council should approve a resolution for its procedures and process. Council Member Stamper asked for clarification that this, as with any other ordinance, is the first reading, a public hearing will be held, followed by a second reading. Council Minutes of June 29, Dr. Weaver stated that most of the coumil,commiam would no longer exist becattse a full-time executive would be hired to get the council out of the management of government! The council's job will be making policy for the city. The executive will manage the resources and implement the Policy . The council may decide to keep some conmuttees, such as the Emergency Services Committee. - Dr. Weaver stated that there should not be a Personnel Committee and the council should not be involved in personnel matters. Dr. Weaver stated that the documentation for a change in government must be submitted to the county election administrator by August 2e. There is a seventy-five day clock before the November 6" election. He recommended that the legislative action be completed by the middle of July.* Dr. Weaver and Judy will provide any assistance requested to educate staff and citizens. Mayor Olson asked regarding the diffmacm between the mayor form of government with an administrative assistant and the role of a city mariager. Dr. Weaver stated that an administrative assistant is a common adjunct to the mayorlcouncd form of government in the State of Washington and California has a lot of managers, Whether or not the mayor and council choose to fwd the administrative assistant is a structural opportunity that is permitted by law. There have been only two or three successful situations in recent years. Almost without exception, the problem arises of a conflict between the responsibilities of the mayor and the. authority of the mayor on the one harm which cannot be delegated. to another person, an administrative assistant. Law in Montana is silent on that question. Sometimes the commission or council feels that that person takes on too much authority or the appearance of exercising that authority more than the commission or council is willing to allow. These are common circumstances. The duties of the manager, the authority of the manager, the authority of the council, and the limitations on the council with respect to the manager, are all set forth very directly in the charter and came right out of statute. There is no comparability between the administrative assistant Comil Minutes of 2007 and the city MMMW- The administrative assistant to the mayor has not been a success in Montana because them is insufficient law in a non -chartered d`confidence. .! government 4. !- s. mM set ,r of the councilon the other. umbrellaMayor Olson asked if the authority would be available if the form of government was under the 4 self-governing !.4 Dr. Weaver stated that it is not the self-governing powers, although it is an ancillary aspect of it It is the charter which automatically confers self-governing powers, but the language in 7.37.0l'of the code says that the charter shall spell out the administrative organizational structure of the govermnent and that that structure set forth in the charter is superior to statute. It is the charter that could create a variation of the administrative assistant that might be more functional, Mayor m n asked if, with self-governing powers and the abilitylr a charter to wrap around that form t i. government,there could actually be a mayor 1,: t d 4. government. Dr Weaver gated that without the charter, which he calls wrapping a char ter around the existing form of government, it is doomed W failure. With a charter, he drinks it is more likely to succeed. It would not be easy s r. 4 craft. important� and when it is important, it is tricky. He would have to do additional research on this not seow To 77=1 U=in Montana a d ! in other Dr. Weaver stated that it is only a matter of conjecture. Idaho has tess than ten manager cities administrative assistants to the mayors who have beconte manager like. Most of administrative assistants think of themselves as a manager whose boss is the mayor, anol be, i that it must be provided in statute. Washington has had years of =cess in smatter jurisYctionssY having at, administrative iissistant with a Part-time mayor. He thinks it is a matter of statwe, amrd would provide a more authoritative answer Mayor Olson gated that the commit will determine fig= date$ for discussiorL A roll call vote was taken on the motion to adopt Ordina= No. 007.0g. Council Members p Mace, Stamper, Easton, and Hart voted aye Council Members Dickerson, Hotchkiss, and voted nay. Motion carried sa 1he public hearing will be on the July 1 ^16 council meeting. Nesef r E Floating Island International, Dr. Mark Osterlund, Ph.D., Y Biologist Mayor Olson introduced Dr Mark Osterlund to the council and thanked him for his patience. Tar. Ostedund gave a PowerPoint presentation about FlwAng Island International, which has developed BloHaven floating islands, BioHavens do five : they remove pollutants frown a waterway, iticluding includingnitrates, ph tee, ammonia and heavy ra • they provide critical riparian. edge habitat..they sequester carbon and other greenhouse provide wave mi . 'on and erosion control; and they beautify a waterscape. BioHavew am made from layers of recycled plastic "matrix." which are bonded together with adhesive fbam. They are planted with send, garden plants or wetland plants and launched onto a water body. The plants are allowed to grow naturally. As they develop, their roots grow through the- matrix and into the water below. Over tinge, a natural eco -system evolves. BioHavens "biomimic" natm, using nature as a model. BioHavens are effectively a concentrated floatingwetland, The huge surface area of fibers provides many times more surface area dw an equivalent gretch of bare wetland. Surface area is the key factor for microbial activity to take place, and microbes (bacteria) are the key to removing contaminants from the water Plats and their roots are also important, but mons for the extra surface area the roots provide than for any nutrient uptake the plants themselves account for. BioHavens were invented seven yews ago, have been scessitrily trialed for five years, and have beeri on the market since duly 2005. They represent a natural, convenient and cost-effective solution for some of the most intractable and expensive problems on the plana. They can be made in any shape and sive and offer some fun uses. Over 1,500 islands have been sold around the world. Council Mi of Jure 19,2w7 There was a brief discussion regarding possible grants. Mayor Olson tlianked Dr. Osterlund for the informative presentation. • Resolution No. R0741: A resolution approving Change Girder No. 3 with Gray Construction, inc., the reconciliation change order for the main Street Waterline Replacement Project and authorizing the Mayor to execute the attached Change Order No. 3 on the City's behalf. LlYo—tion by Council �Mgp_ber Eaton to approve Resolution No. R07-41, seconded by Council Member Poehl& There was 'no Public comment or council discussion. A vote was taken on tho motion. All eight council members present voted aye. Motion carried 8-0. Resolution No. R07-42: Resolution authorizing the Mayor to appoint a local insurance representative for the City of Laurel and to execute the documents required by the Montana Municipal Insurance Authority "MMW to effectuate the appointment. ' - MGM by C—OMMil MhSl Dickerson to approve Resolution No. R0742, seconded by Council Member Stamper. There was no public comment or council discussiom A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. Resolution No. R0743: A resolution approving an agreement between the City of Laurel and the City of Billings, said agreement remag to solid waste disposal. Motion by Council MeMIM H&dkig to approve Resolution No. R0743, seconded by Council Member Eaton. was no Public comment or council discussion. A vote was taken on the motion. All eight council members present voted aye. Motion carried g -o. Resolution No. R0744: A resolution extending the previously approved Planning Services Agreement #:with the City/County.(BillingsNellowstone) Planning providing temporary planning services for the City of Laurel. M91iffi bY C-20SM0 MORA= EUMM to approve Resolution No. R0744, seconded by Mayor Olson repotted on the process to hire a city planner. Eight applications have been mailed out and four applications have been returned. An interview Panel has been formed to begirt the hiring F00M. The panel consists of the Cl Embleton), the Public Works Director (Sieve Klotz), the secretary for the City -County Planning Board (Cheryll Lund), a member of the City -County Planning Board (David Oberly), the Director'of the Billings Planning Department (Candi Beaudry), and the mayor. A meeting is scheduled for Tuesday, June 2e, to schedule interviews. Mayor Olson would like to have a city plarim hired before the end of the summer. Council Member Dickerson asked that an update be given at the next council -workshop, A vote was taken on the motion. All eight council members present voted aye. Motion carried 8-0. • Resolution No. 80745: Resolution approving an Interlocal Agreement by and between the City of Laurel Police Department, Yellowstone County, Montana, Yellowstone City -County Health Department, the Yellowstone County Sheriff's Office, and the City of Billings Police Department for the provision of security for the Strategic National Supply (SNS) Assets upon their arrival in Yellowstone County, MotiQ by Council Mester, Hart to approve Resolution No. 80745, seconded by Council Member Poeltls. 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. 80746: Resolution of the City Council granting a variance from the City's Zoning Regulations to allow the owner to replace a damaged two -unit duplex with a four -unit structure at 1103 East Main Street, exceeding the four -unit limit for pqxTfies zoned Community Commercial under the Laurel Municipal Code. Motion by Council Member Easton to approve Resolution No. R0746, Bonded by Council Member Stamper. There was no public comment. 7 CM=U WHItes of June 14, 2047 Mayor Olson stated that the council received the legal opinion on this particular item. Council Member Dickerson stated that the resolution would allow the owner to replace a damaged two -unit duplex with a four -unit structure, exceeding the four -unit limit He stated that a four -unit structure is not exceeding a four -unit limit and asked if the resolution should refer to a five -unit structure as requested. nc W1*1 11,11C UPPIRTUff ITUTIG bull Be m, violation or code it he build a two -unit structure. Sam Painter stated that the landowner currently possesses a non -conforming use and his use has changed over the years. He used to originally have the nori-conforming use of seven units on his property IlIve, two-plex that was struck by the automobile was origmally a four-plex. He cut it down to a two-plex some years back, therefore, non -conforming use changed to a five -unit instead of a seven unit The applicant proposes to tear down one shed and take down two units, but then he wants to build four. This would result in six units, which does not follow the zoning requirements, so he is seeking this variance. The council could grant him a variance, but the reasons and rationale are limited in city code. Sam reviewed the analysis of the seven criteria in a legal opinion. In his understanding of the information and the minutes of the planning board, it did not appear that the owner qualified to get a variance as the first t1iree requirements were never met. TIterefore, Sam found it difficult to recommend approving it as it is not in the spirit of the city's zoning laws. The hardship typically shown by a property owner does not appear in this case, because the hardship would be not allowing the landowner to maximize his profits. He wants rent on four units where he should be limited to rent on two units. Owners typically cannot rely solely on economic damage, and he does have a remedy. He could replace the damaged two -unit structure with an identical newly constructed two -unit structure, and he would still be in zoning compliance with removal of one shed because there will be four units. The applicant's non -conforming use is currently five, so if 'he chooses to replace the two-urat with an identical two -unit, and keep five units, he can continue the nott-conforming use Council Member Dickerson asked if the applicant could be required -to tear down the existing buildings to come into compliance. Sam stated dw could not be required. The applicant currently possesses a five -unit non -conforming use. If he replaced the damaged unit with an identical two units, he would still have five units total and his non -conforming; use would continue. The non- conforming use continues until he modifies his use or attempts to dramatically change it Council Member Eaton requested that the city Worney write a letter to the applicant to explain his options. Sam will make sure that the applicant received the memo. A vote was taken on the motion to approve Resolution No. R07-46. Council Member Easton voted aye- Council Members PoeW Mace, Dickerson, Stamper Hotchkiss Hart, and - Eaton voted nay. Motion defeated 1-7. •Resolution No. R07-47: A resolution approving a small services contract for the partial remodel work on the City Court. Mo—tiM bX Council Member hIM to approve Resolution No. R07-47, seconded by Council Member Dickerson. There was no public comment Council Member PoehIs asked if the city has a policy and procedure for remodel work being done in a city -owned facility and the involvement of the city engineer and/or public works department with such projects. He questioned if department heads are qualified to make decisions regarding remodeling and construction. Mayor Olson mated that the judge and the public works director worked together on the plan for the court remodel project Council Minutes of June 19, 2007 Council Member Mace stated concern that the ClP process be followed in allocating money for projects. He would also like to see a policy for departments to follow and to involve the building department and the person in charge of the buildings. vote was taken on h motion to :}prove Resolution No. R07-47.-.yr. councilmembers r*-... present voted aye. Motion` • i Ma;L-r Olson discussion. Resolution No. R07-48: A resolution approving an agreement between the City of Laurel and Yellowstone Boys and Gitis Ranch, said agreement relating to fire protection. Mg§o_n by Council Mcmber Egga to approve Resolution No. R07-48, seconded by Council Member Mace There was no public comment or council discussion. A vote -was taken on the .z Resolution No. R07-49: resolution approving as agreement between the City of Laurel and the Laurel Airport Authority, relatiag to fire protection. Mo_tion bj go_uncd MjMbM PiSkWpa to approve Resolution No. R0749, seconded by Council Member Faton. There was no public commetit or council discussion. Avotewastakenon themotion. All eight council members present voted aye. Motioncarnedg-0. Letter to the Montana Department of Transportatiod ...r,,. prepared ..,*.. - e: andwillbe presented :: the ext council# l• a when he contacted MDT `.... st regarding the -pothole on South First Avenue, he was informed that the workload would not allo repair until this week. However, the patch was fixed late last week. The public works d&ikrect®r indicated that MDT has a rotation schedule for such repairs. W7411W. • * to the underpass. Ike letta will be prepared the June 20 c(xmcfl workshop. rrEms # a FRom THE coNsENT AGENDA: Now. COUNCIL, DISCUSSION: Council Member Faxon attended the Main Street USA workshop in Livingston last week. Dawn Harmon, Glenda Seabrook, and Dume Frasier also attended the meeting. Council Member Dickerson returned to item m. on the agenda and asked if the council could authorize the mayor to sign the leiter to the Department of Transportation and not delay it further. Mefimby CMWil Mgaha I?ickersma to vote on item m. can the council agenda, Leber to the Montana Department of TritnVOrtaft0n, seconded by Council Member Hotchkiss. A vote was taken on the motion. All eight council members present voted aye. Motion carried 9-0. Motion by C cil Mede to authorize the mayor to sign a letter to the Montana Department of Tmuportation rqwding maintenance on the south, exit of the underpass on First Avenue South, seconded by Council Member Mace. 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 Member Poehls will not attend the council workshop on June 26a, as he will attend the Laurel Airport Authority COUndl MWfts ONUM €9, 2007 Mayor Olt encouraged the council to partici pate in the painting project of the underpass on Saturday, June 23`d, be g at 8:00 a.m. Faint was donated by ACE Hardware's paint supplier. Barriers will be set up and the underpass will be closed. Mayor Olson announced Larry McCann's retirement from the City of Laurel effective on. June 29, 2007. Mayor Olson thanked Larry for a job well done and wished him the best. of luck for future endeavors for Larry and his wife. Mayor Olson flianked Larry for his time and service to the City of Laurel. UNSCHEDULED MATTERS: None. ADJOURNMENT: hlg-tMi by gaylidl —MsMb—er Hag to adjourn the council meeting, seconded by Council Member r no public «' t «' or council discussion rwas on ths motion. All eight council members present voted aye. Motion carried 8-0. There being no fwther' 1=1 Approved y the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd dray of July, 2€ 07. t ««I P -M M J 10 CITYHALL Laurel PUB WORKS: P.O. Box 10 FWD FAX- 28-2241 WATER OFFICE: ..Laurel, Montana 59044 j 3K's M Mayor'sOffice DEPARTMENT ADMINISTRATIVE OFFICER POSITION Please see the attached historical information on Chief Administrative Office positions in the City of Laurel: ® Perry Asher -- 8/22/2005-5/10/2007: This individual was retained to oversee Department Heads and function in the capacity as a CAO would, before the City of Laurel's Charter contemplated a CAO position. ® William Sheridan -- 12/17/2007: William was hired as the CAO for a period of time after his initial employment. Thereafter, the City Charter in the City of Laurel was amended to contemplate a formal CAO position. This change occurred in Year 2008. The following two individuals served in this position after 2008: ® Heidi Jensen -- 10/29/2011-12/12/2017. • Matthew Lurker -- 6/20/2018-3/26/2019.