HomeMy WebLinkAboutCouncil Workshop Packet 01.20.2026
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, JANUARY 20, 2026
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
1. Appointment of Joe Hozwarth to the Tree/Park Board for the remainder of a four-year term
ending December 31, 2028.
Executive Review
2. Mayor: Resolution - A Resolution Of The City Council Authorizing The Removal Of City
Council Member Heidi Sparks From All City Accounts, Adding City Council President
Thomas J. Canape, And Adding Chief Administrative Officer Kurt Markegard To All Such
Accounts.
3. Planning: Resolution - A Resolution Of The City Council Of The City Of Laurel, Montana
Approving Agreement Between Peaks Planning And Consulting, LLC And The City Of Laurel
Related To On-Call Planning Services.
Council Issues
4. Public Works: Discussion - CHS Stormwater
5. Public Works: Discussion - Old Rod & Gun Club Building Feasibility.
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.
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File Attachments for Item:
1. Appointment of Joe Hozwarth to the Tree/Park Board for the remainder of a four-year term
ending December 31, 2028.
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File Attachments for Item:
2. Mayor: Resolution - A Resolution Of The City Council Authorizing The Removal Of City
Council Member Heidi Sparks From All City Accounts, Adding City Council President Thomas
J. Canape, And Adding Chief Administrative Officer Kurt Markegard To All Such Accounts.
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R26-__ Approve Removal of Former Council President Heidi Sparks and Adding City Council President Tom
Canape, and adding Chief Administrative Officer Kurt Markegard to All City Accounts
RESOLUTION NO. R26-__
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE REMOVAL OF
CITY COUNCIL MEMBER HEIDI SPARKS FROM ALL CITY ACCOUNTS,
ADDING CITY COUNCIL PRESIDENT THOMAS J. CANAPE, AND ADDING
CHIEF ADMINISTRATIVE OFFICER KURT MARKEGARD TO ALL SUCH
ACCOUNTS.
WHEREAS, City Council Member Heidi Sparks was formerly Council President; and
WHEREAS, City Council Member Heidi Sparks is no longer Council President; and
WHEREAS, Thomas J. Canape is now City Council President for the City of Laurel;
and
WHEREAS, Kurt Markegard is now Chief Administrative Officer for the City of
Laurel; and
WHEREAS, the change in City Council President and the addition of Chief
Administrative Officer necessitate that Former Council President Heidi Sparks be removed
from all City accounts, while adding City Council President Thomas J. Canape and Chief
Administrative Officer Kurt Markegard to all City accounts, effective upon passage of this
Resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana that the Mayor is hereby authorized to remove Former Council President Heidi Sparks
from all City accounts, and add City Council President Thomas J. Canape, and add Chief
Administrative Officer Kurt Markegard to all City accounts.
Introduced at a regular meeting of the City Council on the 27th day of January, 2026 by
Council Member ____.
PASSED and APPROVED by the City Council of the City of Laurel the 27th day of
January, 2026.
APPROVED by the Mayor the 27th day of January, 2026.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
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R26-__ Approve Removal of Former Council President Heidi Sparks and Adding City Council President Tom
Canape, and adding Chief Administrative Officer Kurt Markegard to All City Accounts
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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File Attachments for Item:
3. Planning: Resolution - A Resolution Of The City Council Of The City Of Laurel, Montana
Approving Agreement Between Peaks Planning And Consulting, LLC And The City Of Laurel
Related To On-Call Planning Services.
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R26-____ Approve Consulting Agreement for Planning Services
RESOLUTION NO. R26-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAUREL,
MONTANA APPROVING AGREEMENT BETWEEN PEAKS PLANNING AND
CONSULTING, LLC AND THE CITY OF LAUREL RELATED TO ON-CALL
PLANNING SERVICES.
WHEREAS, the City is in need of On-Call Planning Services to assist in performing
Planning duties for the City of Laurel;
WHEREAS, Peaks Planning and Consulting LLC (hereinafter “Consultant) has
proposed a short-term Planning Agreement between the City of Laurel and Consultant from
January 28, 2026 to April 30, 2026 (hereinafter “Effective Dates”); and
WHEREAS, the conditions and terms of the Consulting Services are described more
fully in the attached Consulting Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City approves the Consulting Agreement by and between the City of Laurel
(“Owner”) and Peaks Planning and Consulting LLC (“Consultant”).
Introduced at a regular meeting of the City Council on the _____ day of January, 2025,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
January, 2025.
APPROVED by the Mayor the _____ day of January, 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
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R26-____ Approve Consulting Agreement for Planning Services
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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AGREEMENT
BETWEEN OWNER AND CONSULTANT
FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective from January 28, 2026, to April 30, 2026, (“Effective Dates”)
between the City of Laurel (“Owner”) and Peaks Planning and Consulting LLC (“Consultant”).
Owner’s Project, of which Consultant’s services under this Agreement are a part, is generally
identified as follows: On-Call Planning Services (“Project”).
Consultant’s services under this Agreement are generally identified as follows: On-Call Planning
Services (“Services”).
Owner and Consultant further agree as follows:
1.01 Basic Agreement and Period of Service
A. Consultant shall provide or furnish the Services set forth in this Agreement. If authorized by
Owner, or if required because of changes in the Project, Consultant shall furnish services in
addition to those set forth above (“Additional Services”).
B. Consultant shall complete its Services within a reasonable period of time.
C. If, through no fault of Consultant, such periods of time or dates are changed, or the orderly and
continuous progress of Consultant’s Services is impaired, or Consultant’s Services are delayed or
suspended, then the time for completion of Consultant’s Services, and the rates and amounts of
Consultant’s compensation, shall be adjusted equitably.
D. Compensation for all labor, equipment, sub-consultants, and expenses shall not exceed Thirty-five
thousand ($35,000.00) dollars.
2.01 Payment Procedures
A. Invoices: Consultant shall prepare invoices in accordance with its standard invoicing practices and
submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of
receipt. If Owner fails to make any payment due Consultant for Services, Additional Services, and
expenses within 30 days after receipt of Consultant’s invoice, then (1) the amounts due Consultant
will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law,
if less) from said thirtieth day, and (2) in addition Consultant may, after giving seven days written
notice to Owner, suspend Services under this Agreement until Consultant has been paid in full all
amounts due for Services, Additional Services, expenses, and other related charges. Owner waives
any and all claims against Consultant for any such suspension.
B. Payment: As compensation for Consultant providing or furnishing Services and Additional Services,
Owner shall pay Consultant as set forth in Paragraphs 2.01, 2.02 (Services), and 2.03 (Additional
Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall
promptly advise Consultant in writing of the specific basis for doing so, may withhold only that
portion so disputed, and must pay the undisputed portion.
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2.02 Basis of Payment—Direct Labor, Plus Reimbursables
A. Owner shall pay Consultant for Services as follows:
1. An amount equal to Consultant’s Direct Labor Costs as outlined in Exhibit ‘A’ for services of
Consultant’s employees engaged in the Project, plus reimbursable expenses. Reimbursable
expenses include accommodations, meals plus gratuity associated with work on the Project.
2. Sub-consultants shall be reimbursed at the rate of 100% of actual invoiced costs including
reimbursables. Consultant shall not use sub-consultants without prior authorization from
Owner.
B. The portion of the compensation amount billed monthly for Consultant's Services will be based
upon Consultant's estimate of the percentage of the total Services actually completed during the
billing period.
2.03 Additional Services: For Additional Services, Owner shall pay Consultant an amount equal to the
cumulative hours charged in providing the Additional Services by each class of Consultant’s
employees and in accordance with Exhibit ‘A’; plus reimbursement of expenses incurred in
connection with providing the Additional Services and Consultant’s consultants’ charges, if any.
3.01 Termination
A. The obligation to continue performance under this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written notice in the event of substantial failure by the other
party to perform in accordance with the Agreement’s terms through no fault of the
terminating party. Failure to pay Consultant for its services is a substantial failure to
perform and a basis for termination.
b. By Consultant:
1) upon seven days written notice if Owner demands that Consultant furnish or perform
services contrary to Consultant’s responsibilities as a licensed professional; or
2) upon seven days written notice if the Consultant’s Services are delayed for more than
90 days for reasons beyond Consultant’s control, or as the result of the presence at
the Site of undisclosed Constituents of Concern, as set forth in Paragraph 5.01.I.
c. Consultant shall have no liability to Owner on account of a termination for cause by Client.
d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a
substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins,
within seven days of receipt of such notice, to correct its substantial failure to perform
and proceeds diligently to cure such failure within no more than 30 days of receipt of
notice; provided, however, that if and to the extent such substantial failure cannot be
reasonably cured within such 30 day period, and if such party has diligently attempted to
cure the same and thereafter continues diligently to cure the same, then the cure period
provided for herein shall extend up to, but in no case more than, 60 days after the date of
receipt of the notice.
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2. For convenience, by Owner effective upon Consultant's receipt of written notice from Owner.
B. In the event of any termination under Paragraph 3.01, Consultant will be entitled to invoice Owner
and to receive full payment for all Services and Additional Services performed or furnished in
accordance with this Agreement, plus reimbursement of expenses incurred through the effective
date of termination in connection with providing the Services and Additional Services, and
Consultant’s consultants’ charges, if any.
4.01 Successors, Assigns, and Beneficiaries
A. Owner and Consultant are hereby bound and the successors, executors, administrators, and legal
representatives of Owner and Consultant (and to the extent permitted by Paragraph 4.01.B the
assigns of Owner and Consultant) are hereby bound to the other party to this Agreement and to
the successors, executors, administrators, and legal representatives (and said assigns) of such
other party, in respect of all covenants, agreements, and obligations of this Agreement.
B. Neither Owner nor Consultant may assign, sublet, or transfer any rights under or interest
(including, but without limitation, money that is due or may become due) in this Agreement
without the written consent of the other party, except to the extent that any assignment,
subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create,
impose, or give rise to any duty owed by Owner or Consultant to any Constructor, other third-
party individual or entity, or to any surety for or employee of any of them. All duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
Owner and Consultant and not for the benefit of any other party.
5.01 General Considerations
A. The standard of care for all professional Consulting and related services performed or furnished by
Consultant under this Agreement will be the care and skill ordinarily used by members of the
subject profession practicing under similar circumstances at the same time and in the same
locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise,
in connection with any services performed or furnished by Consultant. Subject to the foregoing
standard of care, Consultant and its consultants may use or rely upon design elements and
information ordinarily or customarily furnished by others, including, but not limited to, specialty
contractors, manufacturers, suppliers, and the publishers of technical standards.
B. Consultant or sub-consultants shall not at any time supervise, direct, control, or have authority
over any Constructor’s work, nor shall Consultant or sub-consultants have authority over or be
responsible for the means, methods, techniques, sequences, or procedures of construction
selected or used by any Constructor, or the safety precautions and programs incident thereto, for
security or safety at the Project site, nor for any failure of a Constructor to comply with laws and
regulations applicable to such Constructor’s furnishing and performing of its work. Consultant or
sub-consultants shall not be responsible for the acts or omissions of any Constructor.
C. Consultant or sub-consultants neither guarantees the performance of any Constructor nor
assumes responsibility for any Constructor’s failure to furnish and perform its work.
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D. Consultant shall not be responsible for any decision made regarding the construction contract
requirements, or any application, interpretation, clarification, or modification of the construction
contract documents other than those made by Consultant or its consultants.
E. Owner shall have all rights and title to the documents on the Project, extensions of the Project,
and for related uses of the Owner, subject to receipt by Consultant of full payment due and owing
for all Services and Additional Services relating to preparation of the documents and subject to the
following limitations:
1. Owner acknowledges that such documents are not intended or represented to be suitable for
use on the Project unless completed by Consultant, or for use or reuse by Owner or others on
extensions of the Project, on any other project, or for any other use or purpose, without
written verification or adaptation by Consultant;
2. any such use or reuse, or any modification of the documents, without written verification,
completion, or adaptation by consultant, as appropriate for the specific purpose intended, will
be at Owner’s sole risk and without liability or legal exposure to Consultant or to its officers,
directors, members, partners, agents, employees, and sub-consultants;
3. such limited license to Owner shall not create any rights in third parties.
F. Owner and Consultant may transmit, and shall accept, Project-related correspondence,
documents, text, data, drawings, information, and graphics, in electronic media or digital format,
either directly, or through access to a secure Project website, in accordance with a mutually
agreeable protocol.
G. To the fullest extent permitted by law, Owner and Consultant (1) waive against each other, and
the other’s employees, officers, directors, members, agents, insurers, partners, and consultants,
any and all claims for or entitlement to special, incidental, indirect, or consequential damages
arising out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree
that Consultant’s total liability to Owner under this Agreement shall be limited to $2,000,000 or
the total amount of compensation received by Consultant, whichever is greater.
H. Neither Party shall be considered to be in default of this Agreement if delays in or failure of
performance are due to forces beyond the reasonable control of the nonperforming Party, the
effect of which the nonperforming Party could not avoid by the exercise of reasonable diligence.
Such forces include, but are not limited to: fire, acts of God, flood, earthquake, storm, lightning,
tornados, epidemic, war, riot, civil disturbance, sabotage, strike, work slowdown, or other labor
disturbances, judicial restraint, action or inaction of any Government entity in either its sovereign
or contractual capacity, quarantine restrictions, freight embargoes, delays in long lead time items
and severe weather. Any changes to the terms of this agreement impacted by a Force Majeure
event shall be documented in an Amendment to the Agreement.
I. The parties acknowledge that Consultant’s Services do not include any services related to
unknown or undisclosed Constituents of Concern. If Consultant or any other party encounters,
uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Consultant may, at
its option and without liability for consequential or any other damages, suspend performance of
Services on the portion of the Project affected thereby until such portion of the Project is no
longer affected, or terminate this Agreement for cause if it is not practical to continue providing
Services.
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J. Owner and Consultant agree to negotiate each dispute between them in good faith during the 30
days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the
dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights
at law.
K. This Agreement is to be governed by the law of the state in which the Project is located.
L. Consultant’s Services and Additional Services do not include: (1) serving as a “municipal advisor”
for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the
Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person
or entity, regarding municipal financial products or the issuance of municipal securities, including
advice with respect to the structure, timing, terms, or other similar matters concerning such
products or issuances; (3) providing surety bonding or insurance-related advice,
recommendations, counseling, or research, or enforcement of construction insurance or surety
bonding requirements; or (4) providing legal advice or representation.
M. Consultant shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-
741.5(a). These regulations prohibit discrimination against qualified individuals based on
their status as protected veterans or individuals with disabilities, and prohibit
discrimination against all individuals based on their race, color, religion, sex, sexual
orientation, gender identity or national origin. Moreover, these regulations require that
covered prime contractors and subcontractors take affirmative action to employ and
advance in employment individuals without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, disability or veteran status.
6.01 Total Agreement
A. This Agreement (including any expressly incorporated attachments), constitutes the entire
agreement between Owner and Consultant and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified, or canceled by a
duly executed written instrument.
Definitions
B. Constructor—Any person or entity (not including the Consultant, its employees, agents,
representatives, and consultants), performing or supporting construction activities relating to the
Project, including but not limited to contractors, subcontractors, suppliers, Owner’s work forces,
utility companies, construction managers, testing firms, shippers, and truckers, and the
employees, agents, and representatives of any or all of them.
C. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls
(PCBs), hazardous waste, and any substance, product, waste, or other material of any nature
whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b)
the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource
Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances
Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the
Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule,
regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing
liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance,
or material.
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Attachments: Scope of Work
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Dates of
which is indicated on page 1.
Owner: City of Laurel Montana Consultant: Peaks Planning and Consulting, LLC
By: By:
Print name: Dave Waggoner Print name: Forrest Sanderson
Title: Mayor Title: President
Date Signed: Date Signed:
Address for Owner’s receipt of notices: Address for Consultant’s receipt of notices:
City of Laurel Peaks Planning & Consulting LLC
Attn: Dave Waggoner P.O. Box 307
115 West 1st Street Roberts MT 59070
Laurel MT 59044
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1
This is EXHIBIT A, consisting of [3] pages,
referred to in and part of the Agreement between
Owner and Consultant for Professional
Services dated [January 28, 2026].
Consultant’s Services
Article 1 of the Agreement is supplemented to include the following agreement of the parties.
Consultant shall provide Basic and Additional Services as set forth below.
PART 1 – BASIC SERVICES
A1.01 Planning Phase
A. Consultant shall, in accordance with Locally Adopted Rules and Regulations:
1. Subdivision Review.
2. Site Plan Review.
3. Conditional or Special Review Permits.
4. Variance Requests.
5. Zoning Reviews.
6. Floodplain Review.
7. Other Planning Related Items as deemed appropriate by the Governing Body.
8. Prepare Staff Reports and Recommendations to the Planning Board, Zoning Commission,
and Governing Body.
PART 2 – ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Consultant shall provide Additional Services of the types
listed below. These services are not included as part of Basic Services and will be paid for by
Owner as indicated in Exhibit C.
1. Preparation of Subdivision Regulations.
2. Preparation of Zoning Regulations.
3. Preparation of Floodplain Regulations or Maps.
4. Revisions or Amendments to Growth policy
5. Services resulting from Owner’s request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to in Paragraph A1.01.A.1 and 2.
6. Services required as a result of Owner’s providing incomplete or incorrect Project
information to Consultant.
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2
7. Providing renderings or models for Owner’s use, including services in support of building
information modeling or civil integrated management.
8. Undertaking investigations and studies.
9. Furnishing services of other Consultants for other than Basic Services.
10. Services during out-of-town travel required of Consultant, other than for visits to the Site
or Owner’s office as required in Basic Services (Part 1 of Exhibit A).
11. Assistance to Owner in training Owner’s staff.
12. Assistance to Owner in developing systems and procedures for (a) applications for
conformance permits, conditional uses, variances and planned unit developments, and (b)
related recordkeeping.
13. Preparing to serve or serving as a consultant or witness for Owner in any litigation,
arbitration, lien or bond claim, or other legal or administrative proceeding involving the
Project.
14. Overtime work requiring higher than regular rates.
15. Providing more extensive services required to enable Consultant to issue notices or
certifications requested by Owner.
16. Other additional services performed or furnished by Consultant not otherwise provided for
in this Agreement.
A2.02 Additional Services Not Requiring Owner’s Written Authorization
A. Consultant shall advise Owner that Consultant is commencing to perform or furnish the
Additional Services of the types listed below. For such Additional Services, Consultant need
not request or obtain specific advance written authorization from Owner. Consultant shall cease
performing or furnishing such Additional Services upon receipt of written notice to cease from
Owner.
1. Services in connection with reviews associated with Administration of Subdivision
Regulations, Zoning Regulations, and Floodplain Regulations adopted by Owner.
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3
Hourly Rate Schedule Peaks Planning LLC
The below standard hourly rates are subject to review and adjustment annually as
of June 30, 2025. Hourly rates for services effective July 1, 2025.
Principal Planner/Owner $175.00
Project Assistant $75.00
Sub-Consultant Actual Cost Plus 15%
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