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HomeMy WebLinkAboutCouncil Workshop Packet 10.09.2018AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP MONDAY, OCTOBER 9, 2018 6:30 P.M. CITY COUNCIL CHAMBERS 1. 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. Pa 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 Mayo: Once again, each speaker is limited to three minutes. 2. General items • Appointment of Jackson Booth to the Laurel Police Department 3. Executive Review • Resolution — DEA Task Force • Resolution— CHS Easement • Council Issues: o SED Basin Update 4. Other items 5. Review of draft council agenda for October 16, 2018 6. Attendance at the October 16, 2018 council meeting 7. Announcements 8. Recognition of Employees • Nancy Schmidt 23 years on October 17`h Library • Joel Sauter 21 years on October 14'' Police • Fred Gregory 11 years on October 15`h Police • Justin Baker 6 years on October 9`h City Shop • Fred Lyons 5 years on October 28h Library • Bethany Langve 2 years on October 19`h City Clerk • Carrie Ringer 1 year on October 13`h City Clerk 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. 2, or write to Bethany Langve, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. p�pARTMEWT October 2, 2018 Mayor Nelson City of Laurel 215 W. 1" Street Laurel, Mt. 59044 RE: Police Officer Appointment Dear Mayor Nelson, Chief of Police Rick Musson It is my pleasure to write this recommendation letter for you to appoint Jackson Booth as a Police Officer for the City of Laurel. Jackson has successfully completed all of his requirements that were set forth in his conditional job offer. Jackson was required to complete a comprehensive back ground investigation, psychological exam, medical exam and a drug screen. Before Jackson was given a conditional job offer, he had to pass the Montana Testing Consortium WRITTEN AND PHYSICAL AGILITY TESTS. Jackson then passed the B -Pad exam and then was interviewed by the Laurel Police Commission. I am looking forward to having Jackson Booth be a member of this fine police department. I am asking that Jackson Booth be appointed by you on October 16, 2018. tfully, ChiefM RESOLUTION NO. R13 - A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE DRUG ENFORCEMENT ADMINISTRATION "DEA" ASSIGNING A LAUREL POLICE OFFICER TO THE TACTICAL DIVISION SQUAD TASK FORCE FOR A ONE-YEAR PERIOD. WHEREAS, the DEA formed the Tactical Division Squad Task Force to investigate trafficking of controlled substance pharmaceuticals in the greater Montana area; and WHEREAS, the City of Laurel is aware of the abuse of controlled pharmaceuticals and the trafficking thereof in and surrounding the City of Laurel, and that these illegal activities are detrimental to the welfare of the City and its citizens; and WHEREAS, the City finds it reasonable and necessary to assign a Laurel Police Officer to assist the DEA Task Force in meeting its objectives. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Mayor is authorized to sign the Tactical Diversion Squad Task Force Agreement between the City of Laurel and the Drug Enforcement Administration, a copy of which is attached hereto. INTRODUCED at a regular meeting of the City Council on October 16, 2018 by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 16th day of October, 2018. APPROVED by the Mayor this 16th day of October, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer Approved as to Form: Sam Painter, Civil City Attorney R18-_ DEA Task Force — LPD Agreement www.dea.gov Chief Rick Musson Laurel Police Department 214 West 1 st Street Laurel, Montana 59044 Dear Chief Musson: 7 10i.8 Enclosed please find the Task Force Agreement for the investigator you have assigned to the Denver Field Division as well as the OJP Form 4061/6. It is anticipated this position will be encumbered by: • William F. Brew III —Tactical Diversion Squad -Billings (DCFA Funded) If you concur with this Task Force Agreement, please sign and return it along with the OJP Form 4061/6 to my office by September 30, 2018. DEA requires signatures on these agreements before payment can be made. Upon my signature, copies will be returned to your office for your files. DEA invoices for reimbursement can be emailed to invoice.denver@usdoi.gov or mailed to: Drug Enforcement Administration Attn: Fiscal Department 12154 East Easter Avenue Centennial, Colorado 80112 Submitted invoices must include an invoice number; invoice date; and officer's name, overtime rate, and daily overtime hours paid. Invoices claiming an indirect personnel cost will not be paid and will be returned to your agency. Please be advised your System Award Management (SAM) must be current in order for invoices to be processed for payment. Should you have any questions or comments, please have your staff Program Support Specialist Shanda Meis at 720-895-4123 or via email at Shanda.L.Meis@,usdoi.gov. Sincerely, William T: McDermott Special Agent in Charge Enclosures: Task Force Agreement — DCFA Funded OJP Form 4061/6 U. S. Department of Justice Drug Enforcement Administration Denver Field Division F' Office of the Special Agent in Charge 12154 East Easter Avenue Centennial, Colorado 80112 www.dea.gov Chief Rick Musson Laurel Police Department 214 West 1 st Street Laurel, Montana 59044 Dear Chief Musson: 7 10i.8 Enclosed please find the Task Force Agreement for the investigator you have assigned to the Denver Field Division as well as the OJP Form 4061/6. It is anticipated this position will be encumbered by: • William F. Brew III —Tactical Diversion Squad -Billings (DCFA Funded) If you concur with this Task Force Agreement, please sign and return it along with the OJP Form 4061/6 to my office by September 30, 2018. DEA requires signatures on these agreements before payment can be made. Upon my signature, copies will be returned to your office for your files. DEA invoices for reimbursement can be emailed to invoice.denver@usdoi.gov or mailed to: Drug Enforcement Administration Attn: Fiscal Department 12154 East Easter Avenue Centennial, Colorado 80112 Submitted invoices must include an invoice number; invoice date; and officer's name, overtime rate, and daily overtime hours paid. Invoices claiming an indirect personnel cost will not be paid and will be returned to your agency. Please be advised your System Award Management (SAM) must be current in order for invoices to be processed for payment. Should you have any questions or comments, please have your staff Program Support Specialist Shanda Meis at 720-895-4123 or via email at Shanda.L.Meis@,usdoi.gov. Sincerely, William T: McDermott Special Agent in Charge Enclosures: Task Force Agreement — DCFA Funded OJP Form 4061/6 TACTICAL DIVERSION TASK FORCE AGREEMENT This agreement is made this 1 st day of October, 2018, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Laurel Police Department (hereinafter "LPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the Montana area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Montana, the parties hereto agree to the following: 1. The Tactical Diversion Squad - Billings Task Force will perform the activities and duties described below: a. Investigate, disrupt, and dismantle individuals and/or organizations involved in diversion schemes (e.g., "doctor shopping", prescription forgery, and prevalent retail - level violators) of controlled pharmaceuticals and/or listed chemicals in the Montana area; b. Investigate, gather, and report intelligence data relating to trafficking of controlled pharmaceuticals and/or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Montana. 2. To accomplish the objectives of the Tactical Diversion Squad - Billings Task Force, the LPD agrees to detail one (1) experienced officer(s) to the Tactical Diversion Squad_- Billings Task Force for a period of not less than two years. During this period of assignment, the LPD officer(s) will be under the direct supervision and control of a DEA Supervisory Special Agent assigned to the Task Force. 3. The LPD officer(s) assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The LPD officers assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Tactical Diversion Sguad - Billings Task Force, DEA will assign three (3) Special Agents and two (2) Diversion Investigators to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and LPD officer(s) assigned to the Task Force. This support will include: vehicles, office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force Officers must record their work hours via DEA's activity reporting system. 6. During the period of assignment to the Tactical Diversion Squad - Billings Task Force, the LPD will be responsible for establishing the salary and benefits, including overtime, of the officer(s) assigned to the Task Force and for making all payments due them. DEA will, subject to availability of funds, reimburse the agency/department for overtime payments made by it to LPD officer(s) assigned to the Tactical Diversion Squad - BilliM Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, (RUS) Federal employee (currently $18,343.75), per officer. Note: Task Farce Officer's overtime ".Shall not include any costs for benefits, such as retirement, FICA, and other expenses." In no event will the LPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The LPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The LPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts, or expenditures relating to this agreement. The LPD shall maintain all such reports and records until all litigation, claim, audits, and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The LPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The LPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP. Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The LPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the LPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the LPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2019. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by LPD during the term of this agreement. For the Drug Enforcement Administration: Date: William T. McDermott Special Agent in Charge For the Laurel Police Department: Date: Rick Musson Chief a� U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS �'<� rR�%' OFFICE OF THE COMPTROLLER Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a As required by Section 1352, for persons entering into a public transaction; violation of Federal or State antitrust statutes implemented at 28 CFR Part Tit grant or cooperative agreement over $100,000, as defined at or commission embezzlement, theft, forgery, 28 CFR Part 69, the applicant certifies that: bribery, falsification destruction of records, making false statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 406116 (3-91) REPLACES OJP FORMS 4061/2,406113 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check ❑ if there are workplaces on file that are not indentified (e) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; Check ❑ if the State has elected to complete OJP Form (f) Taking one of the following actions, within 30 calendar 4061/7. days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— DRUG-FREE WORKPLACE. (1) Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee, up to and including termination, consistent with the As required by the Drug -Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- ment, or other appropriate agency; sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. Place of Performance (Street address, city, county, state, zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date *U.S. Govemment Printing Office: 1996 - 405-037140014 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY COUNCIL ACCEPTING AN EASMENT FROM CHS, INC. FOR THE PURPOSE OF THE CONSTRUCTION AND MAINTENANCE OF AN ACCESS ROAD FOR CITY FACILITIES AND AUTHORIZING THE MAYOR TO ACCEPT THE EASEMENT ON THE CITY'S BEHALF. WHEREAS, an "Easement Agreement" between CHS Inc. as Grantor and the City of Laurel as Grantee has been negotiated and prepared; and WHEREAS, said easement will allow the City access across certain portions of real property owned by the Grantor in order to maintain the City's facilities near the Yellowstone River; and WHEREAS, acceptance of the easement is in the best interests of the City, as it is necessary to access and maintain the existing City facilities which is in the best interest of the City's citizens and businesses. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the attached Easement Agreement and authorizes the Mayor to execute the same on the City's behalf. INTRODUCED at a regular meeting of the City Council on October 16, 2018 by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 16`h day of October, 2018. APPROVED by the Mayor this 16`h day of October, 2018. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk -Treasurer Approved as to Form: Sam Painter, Civil City Attorney R18 -_Approve CHS Inc. Easement SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT AGREEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, CHS INC., a Minnesota corporation, with a mailing address of 5500 Cenex Drive, Inver Grove Heights, MN 55077 ("CHS") does hereby sell, assign, convey, and warrant to the City of Laurel, a Montana governmental entity, with an address of 115 W 1 st Street, Laurel, MT 59044 ("CITY"), a non-exclusive easement concerning that certain roadway as more particularly shown and described on Exhibit A attached hereto (the "Easement"). TO HAVE AND TO HOLD the Easement unto CITY and its successors and allowed assigns, subject to the following conditions, covenants and agreements: 1. Term Length. This agreement will have an initial term of ten (10) years from effective date, and shall renew automatically for additional 10 year terms after the end of the initial term. If either party desires to renegotiate the agreement, written notice must be sent to the other party, at least six (6) months prior to the expiration date of the agreements current term. 2. Construction, Maintenance and Operation of Roadway. CITY shall repair or replace, at its sole expense, any harm done to the Easement resulting from the CITY's use thereof. 3. Indemnification. CITY shall indemnify, defend, and hold harmless CHS from any and all liability, expenses, charges, damages, claims, actions, or harm, including reasonable attorney fees and costs, related in any manner to the Easement and the actions or inactions relating thereto by CITY. CHS shall indemnify, defend, and hold harmless the CITY from any and all liability, expenses, charges, damages, claims, actions, or harm, including reasonable attorney fees and costs, related to CHS' use of the Easement and the actions or inactions relating thereto by CHS. 4. Hazardous and Non -Hazardous Substances. CITY shall be solely responsible for remediating any hazardous or non -hazardous waste or other condition caused or created by the CITY that might be encountered within the Easement. 5. Reservation of Rights. CHS reserves the right to use the Easement for its purposes. 6. No Public Rights. The grant of this Easement is not intended to benefit any third party nor is it intended to grant any rights to the public. 7. Right to Grant Easement. If CHS owns less than the entire and undivided fee simple title to the property underlying said Easement, then this Easement applies only to the interest it has. 8. Default; Waiver. If a party fails or refuses to perform its obligations under this Easement, and such default continues for a period of ten (10) days after written notice specifying such default is given to such defaulting party, then the non -defaulting party may demand arbitration as set forth in paragraph 9 below. The failure of either parry to insist in any one or more instances upon strict performance of any of the terms or conditions of this Easement shall not be construed as a waiver or relinquishment for the future of such term or condition, but the same shall continue and remain in full force and effect. 9. Disputes. CHS and the City agree the laws of the State of Montana govern this Agreement. The Parties agree that venue is proper within the State District Court of Yellowstone County, Montana. If a dispute arises, CHS and the City, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the parties may utilize a third -party mediator and equally share the costs of the mediator or file suit. 10. Material Breach Shall Invalidate Easement Deed. A material breach of this Agreement by CITY shall be grounds for litigation to invalidate and terminate the Easement Deed. 11. Governing Law. This Easement shall be governed by the laws of the State of Montana. 12. Attorney Fees. If either party is forced to hire an attorney to enforce or interpret this Easement, the prevailing party in such dispute shall be entitled to recover its reasonable attorney fees and costs incurred for such enforcement or interpretation. 13. Amendment. This Easement shall not be amended or modified except in writing executed by both parties to this Easement. 14. Entire Agreement. This document contains all the terms, conditions, agreements, representations and warranties agreed upon by the parties relating to this Easement and supersede all prior agreements, negotiations, correspondence, understandings, undertakings and communications of the parties, whether oral or written, relating to this Easement. The parties acknowledge that each has an opportunity to assist in the drafting of this Easement. Accordingly, the Easement should not be interpreted against any one party or draftsman. 15. Notices. All notices, consents, offers, requests, demands, instructions or other communications pursuant or related to this Easement shall be given in writing by personal delivery; prepaid first class registered or certified mail, properly addressed with appropriate postage paid thereon; or by UPS, FedEx or other recognized and reputable overnight courier. Notice shall be deemed duly given and received on the date of delivery if delivered personally, on the second day after deposit in the United States mail if mailed, or upon delivery if sent by UPS, FedEx or other recognized and reputable overnight courier. Notices shall be delivered, mailed or otherwise sent to the CITY at the address set forth in the opening paragraph hereof. Notice to CHS Page 2 of 5 shall be sent to 803 US Highway 212 South, Laurel, MT 59044, with a copy to 5500 Cenex Drive, Inver Grove Heights, MN 55077, Attn: Legal Department. Such addresses may be changed from time to time by means of a notice given in the manner provided in this paragraph. 16. Severability. If any term, condition, agreement or other provision of this Easement, or the application thereof to any party or circumstances, shall be held to be invalid or unenforceable to any extent, then the remainder of this Easement and the application of such term, condition, agreement or other provision in any other jurisdiction or to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term, condition, agreement and other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the undersigned have hereunto set their hands this � day of September, 2018. CHS INC.: STATE OF ffi n f anp— ) ss County of_ dlow�hr Attest: By: Its: 1�,(,�c4t�a "MQ�Vl�.�uc�er The foregoing instrume+�}t was acknowledged before me on this / a September, 2018, by �&,M?,S �I . IA'ss(. 1 ,the ��2.� Inc., and he/she has executed said instrument on behalf of th rp ationJ (NOTARIAL SEAL) otary Public for the State H. eL �pFt1E SHERRIE H. BUSH :-aoTAR/q� Ny NO i ARY PUBLIC for the SEAL : , State of Montana Residing at Billings, Montana'' * 9rFpF My Commission Expires li February 23, 2019 Page 3 of 5 day of (w of CHS CITY OF LAUREL Acknowledgement and Acceptance of Easement Agreement: The City of Laurel acknowledges and accepts the Easement Agreement. This day of , 2018. Attest: STATE OF MONTANA ss County of Yellowstone This instrument was acknowledged before me on this day of September, 2018 by , the duly authorized of the City of Laurel, and he/she has executed said instrument on behalf of the City. (NOTARIAL SEAL) Notary Public for the State of Montana Page 4 of 5 !a I — — - — — — — — — i N O C 1 O V O n'a O ¢ c' Nµ m Z \ C O o ..0. C 0 h i u` Z O .. _ Z 6~ Q1"'K ♦♦ dt[') FO w v O a° N Z J(nLLJ J \ }'•W --------- k Ino w p 3 c v W E y��, �Z� ♦ a O ... O N m V R' L7 h Co.¢ N C p W C p° O L� ` •�I,JL ¢Q"_ 'J 4J mSN 1 N ani « •�°� ,.°, ~ ° �( �\ ♦ y p C C N N N N p. Z m V :Q N N p m ._ Z p gYg O i coy NO�90 '.6 Sc .� daE G��tU2N i ..LO. i. U C fN 'µ 6. O+ In O fl j Z I c o ��?vp m �•�d Ip d�1' Z8'Z6 _-ij c y N¢ c H u o u o N ^ ' u p a 3,£Z.8Z.ZON 7� �'v a ° E oo m .Lp. u< :? a c aro "1 > E a v �m H N3 p p- a 1'n u •�S �!! O y C d s N W Q c 4 p O o_ W 'V p p.- 0 0 N O oY (n I 1 UmjN W N �} oar ov, rn haiE W (/WZ M a c d /•17 ¢ c° o C cow ° a Z _1 11 q iDiP N j ` N U n o V c 'p Sc 1 � u c - c a I W^ N_ iE .Q' a W .LO.. p V• O pN H U U o O m 6 j Z d vi _ o c v ,- 'o ° a Z. o ... Vy o •� I a 1 i Z W O I- ° °:Ej o o w u m �Z Zw° Mo WcwoL a?Lo p 1 G ~ i0 " N O O vi O C 'o T. .p. ( V/ W N m p QI q C Z M1 c c a— ° `o o Ma 1 a Cp0 ON Z000 Doo p p� O� MJIy¢i 1 1 Z = FOw 1 U r ��Q b i <L1J ' °m w _ o CD m o Z o W z N tai__ i i m�h p cCO11 a W / II o� p ° o p u v Q zo �Ym p ° •p 'b V p b _ 11 (n - O 11 0 o3 o �,y�/ c u 0 gg. > d w ��. �1 o E;a v / ti� o J w �' Z o- M 'p LO p7N ,� in C $_ I `L Y ar N JW \ 0 p p p1cn > a ZOtn ,: J n V O N O C S iP X B) ♦ n 'V % o p n .1 C s G L n(O / H � ♦.. O V co, � � I ty/V y x C ♦♦. v 3 Z 0 a a .t, wC7 76 ♦ \ d Z. a ° v $o moo \\ ♦♦♦\ � w . � • �,; y �woV < < c p OV08 _ _ioavHNa3e �', Z N s /4)/• 0,6 O~a_m c c _ o Page 5 of 5 NEXT RES. NO. R18-75 NEXT ORD. NO. 018-02 CITY OF LAUREL CITY COUNCIL, AGENDA TUESDAY — OCTOBER 16, 2018 — 6030 P.M. WELCOME ... By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight's agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often. 1. Pledge of Allegiance. 2. Roll Call of the Council. 3. Approval of Minutes of October 2, 2018. 4. Correspondence. ® Laurel Chamber of Commerce minutes of September 13, 2018; Laurel Chamber of Commerce Agenda of October 11, 2018. 5. Council disclosure of ex parte communications. 6. Public Hearing. 7. Consent Items. NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any itein from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar. " (See Section 12) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar, " is then voted upon by roll call under one motion. a. Claims for the month of October 2018. b. Clerk/Treasurer Financial Statements for the month of September 2018. C. Approval of Payroll Register for PPE 10/7/2018 totaling $ d. Receiving the Committee/Board Minutes into the Record. 1) Budget/Finance Committee minutes of October 2, 2018. 2) Council Workshop minutes of August 14, 2018. 3) Council Workshop minutes of August 28, 2018. 4) Council Workshop minutes of September 25, 2018. 5) Council Workshop minutes of October 9, 2018. 6) City -County Planning Board minutes of July 19, 2018. 7) Cemetery Commission minutes of July 10, 2018. 8) Cemetery Commission minutes of August 14, 2018. 9) Library Board minutes of August 14, 2018. 10) City -County Planning Board minutes of September 6, 2018. 11) Park Board minutes of September 6, 2018. 12) Library Board minutes of September 11, 2018. 13) Emergency Services Committee minutes of September 24, 2018. 14) Laurel Airport Authority minutes of September 25, 2018, 15) City -County Planning Board minutes of October 4, 2018. 16) Park Board minutes of October 4, 2018. 17) Library Board minutes of October 9, 2018. 18) Cemetery Commission minutes of October 9, 2018. 19) Public Works Committee minutes of October 15. 2018. 20) Laurel Urban Renewal Agency minutes of October 15, 2018. 21) Budget/Finance Committee minutes of October 16, 2018. 22) Tree Board minutes of October 18, 2018. 23) Emergency Services Committee minutes of October 22, 2018, 24) Laurel Airport Authority minutes of October 23, 2018. 25) Council Workshop minutes of October 30, 2018. 8. Ceremonial Calendar. 9. Reports of Boards and Commissions. 10. Audience Participation ('Three -Minute Limit). Citizens may address the Council regarding any item of City business that is not on tonight's agenda. Comments regarding tonight's agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. 11. Scheduled Matters. a. Confirmation of Appointments. i. Appoint Jackson Booth to Laurel Police Department. b. Resolution No. R18- : DEA Task Force C. Resolution No. R18- : CHS Easement 12. Items Removed From the Consent Agenda. 13. Community Announcements (One -Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. 14. Council Discussion. Council members may give the City Council a brief report regarding committees orgroiips in which they are involved. 15. Mayor Updates 16. Unscheduled Matters. 17. Adjournment. DATES TO REMEMBER: Public Works Committee - Monday 15"' @ 6:00 p.m. Council Chambers Laurel Urban Renewal Agency - Monday 15t" 11:00 a.m. Council Conference Room Budget/Finance Committee - Tuesday 161" 5:30 p.m. Council Conference Room Laurel City Council - Tuesday 161" @ 6:30 p.m. Council Chambers Tree Board - Thursday 18"' vb, 9:30 a.m. Public Works Conference Room Emergency Services Committee - Monday 22"d @ 6:00 p.m. Council Chambers Laurel Airport Authority - Tuesday 23r1 7:00 p.m. Laurel Airport Council Workshop - Tuesday 30W 6:30 p.m. Council Chambers 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. 2, or write to Bethany Langve, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.