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HomeMy WebLinkAboutCity Council Packet 03.19.2019 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, MARCH 19, 2019 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R18-XX NEXT ORD. NO. O18-XX 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 time s 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 prese nted 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 welco mes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of March 5, 2019. Correspondence 2. Yellowstone County CodeRED Press Release. 3. Chamber of Commerce minutes of February 14, 2019; Laurel Chamber of Commerce agenda of March 14, 2019. Council Disclosure of Ex Parte Communications Public Hearing Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 4. Claims for the month of March 2019. 5. Clerk/Treasurer Financial Statements for the month of February 2019. 6. Approval of Payroll Register for PPE 3/10/2019 totaling $174,361.79. 7. Receiving the Committee/Board Minutes into the Record. Budget/Finance Committee minutes of March 5, 2019. Council Workshop minutes of March 12, 2019. Library Board minutes of February 12, 2019. Ceremonial Calendar - Page 1 - Reports of Boards and Commissions Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 8. Reappointment of Evan Bruce to the Yellowstone Historic Preservation Board for a term ending December 31, 2020. 9. Resolution No. R19-07: A Resolution Of The City Council Authorizing The Developer Of Iron Horse Station Subdivision To Install A Stormwater Pond Within Dedicated Parkland Within The Subdivision Pursuant To LMC 16.40.040. 10. Resolution No. R19-08: Resolution Selecting Hardives Construction, Inc. For The City Of Laurel’s 2019 Pavement Maintenance Project And Authorizing The Mayor To Sign A Contract For Completion Of The Project. 11. Resolution No. R19-09: A Resolution Of The City Council Approving A Three-Year Agreement Between The City Of Laurel And Local Union Local 303, American Federation Of State, County And Municipal Employees, AFSCME. 12. Ordinance No. O19-01: An Ordinance Amending Title 2, Chapters 2.08, 2.12, And 2.60 Of The Laurel Municipal Code For The Purpose Of Clarifying That Current City Employees Are Not Eligible To Serve As Members Of City Committees And Commissions Or To Serve As Elected City Officers In Accordance With Montana Law. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to o ne minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing 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 City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER - Page 2 - Item Attachment Documents: 1. Approval of Minutes of March 5, 2019. - Page 3 - - P a g e 4 - - P a g e 5 - - P a g e 6 - Item Attachment Documents: 2. Yellowstone County CodeRED Press Release. - Page 7 - Yellowstone County EMERGENCY & GENERAL SERVICES (406) 256-2775 P.O. Box 35004 Fax (406) 256-6947 Billings, MT 59107-5004 PRESS RELEASE FOR IMMEDIATE RELEASE Yellowstone County Contracts with CodeRED to Provide Emergency Notification Services YELLOWSTONE COUNTY, MT, March 8, 2019 – Following a thorough evaluation and review of alerting systems, Yellowstone County along with the cities of Billings, Laurel, and Broadview have implemented CodeRED, a high-speed emergency mass notification service provided by Ormond Beach, FL-based OnSolve, LLC. The CodeRED system will serve as the backbone of Yellowstone County’s emergency planning and communications outreach to both citizens and staff. The system sends telephone calls, text messages, emails and posts to social media channels to inform residents to better protect life and property. CodeRED was selected for its reliability and accuracy, as well as the system’s wide spread adoption rates across the U.S. Yellowstone Disaster and Emergency Services Coordinator, K.C. Williams states, “CodeRED’s robust notification system will provide Yellowstone County officials with a reliable, easy-to-use interface to quickly deliver critical information to our citizens during emergencies. We are eager to use this innovative technology to enhance our emergency preparedness plans. We anticipate using the system to notify residents of public safety issues such as fires, floods, drinking water emergencies, missing children notices or any other event that may impact the safety and well-being of our citizens.” All residents are encouraged to visit http://co.yellowstone.mt.gov/des/ and click on the CodeRED logo to enroll their contact information including cell phone numbers, text and email addresses. Citizens are also encouraged to download the CodeRED app to their mobile devices. No one should automatically assume they are in the emergency contact database. Public safety officials across the United States have credited CodeRED notifications for successfully locating missing children, apprehending wanted criminals and issuing timely evacuations. - Page 8 - Item Attachment Documents: 3. Chamber of Commerce minutes of February 14, 2019; Laurel Chamber of Commerce agenda of March 14, 2019. - Page 9 - Laurel Chamber of Commerce Board Meeting Minutes The Meeting was held on February 14, 2019 at KC’s Palace. In attendance were: Executive Board Members: President- Amanda Powell, VP- Chase Anderson, Treasurer- Evan Bruce and Executive Secretary- Camilla Nelson. Directors: Katie Whitmoyer, Patsy Woody, Lori Hodges, Beth Hoferer, Megan Cutting, and Billie Lehman. Amanda called the meeting to order. The minutes were reviewed: Billie motioned that the minutes be approved, Chase 2nd, minutes were approved Bills to be presented for payment: 4th of July Run timers- $400 deposit- Beth motioned to approve, Chase 2nd, approved Old BUSINESS  Annual Meeting Report- Great turn out. Thanks to those who donated and come to the dinner and supported the Chamber. See profit and loss.  Need 1 person for the Budget Committee- Evan Bruce said he would be on this committee  Set Committee meeting dates: o Audit: March 21st 12pm at the Chamber o Budget: March 28th 12pm at the Chamber o 4th of July: April 3rd? NEW BUSINESS  New Members – Heidi’s Coffee Cabin and Lawn & Snow Pros LLC  Job Fair- April 16th from 4-7pm at The Corner, Please let the Chamber know if you would like to have a table at this event  July 4th – 7 food vendors and 1 craft vendor have paid o Theme for Parade- It was voted on for “The Parade of Stars” be the theme  July 4th Run- Need ideas of what organization to donate run profit to this year. Suggestions were The Laurel Garden Club, Graduation Matters, and Healing Field, we will vote on this next month  Garden Club- The Garden Club will be placing a sign with the old school bell in the garden. The cost as of now is $300 for this. They have asked if we would like to donate funds for this. Evan motioned that we donate $150, Patsy 2nd, it was approved. OPEN FORUM  The Crossings- Summer concert date set for June 27th, High Country Cowboys will be playing  Exchange Club- Pinwheels will be placed April 16th  Yes to Laurel- Name changed to Laurel Foundation Business after Hours – Meeting Adjourned Next meeting – March 14, 2019 Chamber - Page 10 - Agenda Laurel Chamber of Commerce March 14, 2019 Log Cabin Moment of Silence Presentation of minutes: Guest Speaker – Financial Report - Yellowstone Checking - $ 86,789.48 Altana CD $ 8,405.53 Altana Saving $ 748.55 Christmas Repair Fund $ 655.96 TOTAL $ 96,599.52 Bills to be presented for payment: - done to date OLD BUSINESS  Set Committee meeting dates: o Audit: March 21st 12 pm o Budget: March 28th 12pm o 4th of July: April 3rd  July 4th Run- Need ideas of what organization to donate run profit to this year o Garden Club o Healing Field o Graduation Matters  Job Fair- April 16th from 4-7pm at The Corner, Please let the Chamber know if you would like to have a table at this event NEW BUSINESS –  New Members – Newman Restoration & Cleaning, Sunlight Property Management, Beartooth R, C&D (Beartooth Resource, Conservation, and Development Area, Inc.)  July 4th – 14 food vendors and 3 craft vendor have paid. Had 20 food vendors last year! o Discount for members to set up booths?- o Hire Marcia for part-time help- Pay?  Chamber Logo- Ribbon Cuttings  OPEN FORUM – Business After Hours – If you would like to host an event, please contact the Chamber. Next Meeting – April 11 , 2019 Guadalajara - Page 11 - Item Attachment Documents: 7. Receiving the Committee/Board Minutes into the Record. Budget/Finance Committee minutes of March 5, 2019. Council Workshop minutes of March 12, 2019. Library Board minutes of February 12, 2019. - Page 12 - - P a g e 1 3 - - P a g e 1 4 - - P a g e 1 5 - - P a g e 1 6 - - P a g e 1 7 - - P a g e 1 8 - - P a g e 1 9 - - P a g e 2 0 - - P a g e 2 1 - - P a g e 2 2 - - P a g e 2 3 - - P a g e 2 4 - - P a g e 2 5 - - P a g e 2 6 - Item Attachment Documents: 9. Resolution No. R19-07: A Resolution Of The City Council Authorizing The Developer Of Iron Horse Station Subdivision To Install A Stormwater Pond Within Dedicated Parkland Within The Subdivision Pursuant To LMC 16.40.040. - Page 27 - R19-07 Approve Iron Horse Subdivision Storm Water Pond RESOLUTION NO. R09-07 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE DEVELOPER OF IRON HORSE STATION SUBDIVISION TO INSTALL A STORMWATER POND WITHIN DEDICATED PARKLAND WITHIN THE SUBDIVISION PURSUANT TO LMC 16.40.040. WHEREAS, pursuant to LMC 16.40.040 the City Council may authorize the construction or installation of stormwater ponds within public parkland if the stormwater pond constitutes an amenity to the park; and WHEREAS, the developer of Iron Horse Subdivision requested permission to install a stormwater pond within the subdivision which will subsequently be utilized as an amenity as future development occurs; and WHEREAS, the City’s Park Board considered the request and has approved such request, and further recommends approval of the same by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby approves the installation and/or construction of a stormwater pond in the parkland area as described and shown on the attached exhibits which are attached hereto and by this reference made a part of this resolution. Introduced at a regular meeting of the City Council on March 19, 2019, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 19th day of March 2019. APPROVED by the Mayor this 19th day of March 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 28 - - P a g e 2 9 - - P a g e 3 0 - - P a g e 3 1 - Item Attachment Documents: 10. Resolution No. R19-08: Resolution Selecting Hardives Construction, Inc. For The City Of Laurel’s 2019 Pavement Maintenance Project And Authorizing The Mayor To Sign A Contract For Completion Of The Project. - Page 32 - R19-08 Award 2019 Pavement Maintenance Project Hardrives Construction, Inc. RESOLUTION NO. R19-08 RESOLUTION AWARDING HARDRIVES CONSTRUCTION, INC. THE CONTRACT FOR THE CITY OF LAUREL’S 2019 PAVEMENT MAINTENANCE PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN CONTRACT DOCUMENTS ON THE CITY’S BEHALF. WHEREAS, the City of Laurel planned and publicly advertised the project known as the 2019 Pavement Maintenance Project, and the City received responsive bids from qualified contractors; and WHEREAS, the City’s Engineers, KLJ, and City Staff considered the bids received and recommends the City Council award the project and that the contract is in the City’s best interest; and WHEREAS, Hardrives Construction, Inc. submitted a bid of $137,698.00 and both KLJ and the City Staff have determined the bid is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards bid and project to Hardrives Construction, Inc. for the bid price of $137,698.00. The Mayor and City Clerk are authorized to sign all necessary documents, agreements or contracts on the City’s behalf consistent with this resolution. Introduced at a regular meeting of the City Council on March 19, 2019, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 19th day of March 2019 APPROVED by the Mayor this 19th day of March 2019. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney - Page 33 - March 8, 2019 Kurt Markegard City of Laurel 115 W. 1st Street Laurel, MT 59144 Re: Laurel 2019 Pavement Maintenance Project – Recommendation of Award Dear Kurt: Bids for the 2019 Pavement Maintenance project were received March 8, 2019. Three (3) bids were opened and read aloud ranging from $137,698.00 to $164,993.75. The bids were checked for mathematical accuracy and one significant discrepancy was found, as noted on the attached Bid Tabulation. However, we determined that the discrepancy should not affect awarding the Project to the lowest bidder. The low bidder is Hardrives Construction, Inc., and we recommend the contract be awarded for the Base Bid of $137,698.00. Enclosed is the Notice of Award form for the City’s approval. Please sign and return four (4) original forms; upon receipt, we will work with Hardrives Construction, Inc. to route final Contract Documents for the City’s approval. If you have any questions or concerns, please contact me at (406) 245-5499. Sincerely, KLJ Carl Jackson, PE Project Manager Enclosure(s): Notice of Award (4 copies) Tabulation of Bids Project #: 1904-00230 cc via email to expedite delivery: Brittney Moormon, Bethany Langve - Page 34 - - Page 35 - 2019 Pavement Maintenance Notice of Award Form 00510 KLJ Project 1904-00230 Page 1 of 1 Notice of Award Date: 3/12/2019 Project: 2019 Pavement Maintenance Owner: City of Laurel Owner's Contract No.: Contract: Base Bid Engineer's Project No.: 1904-00230 Bidder: Hardrives Construction, Inc. Bidder's Address: 4800 Helfrick Road Billings, MT 59101 You are notified that your Bid dated March 8, 2019 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for 2019 Pavement Maintenance. The Contract Price of your Contract is One Hundred Thirty-Seven Thousand Six Hundred Ninety-Eight Dollars and No Cents ($137.698.00). 4 copies of the proposed Contract Documents (including Drawings) accompany this Notice of Award. (tbd) sets of Drawings and Specifications will be delivered separately or otherwise made available to you. You must comply with the following conditions precedent within fifteen (15] days of the date you receive this Notice of Award. 1.Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. 2.Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3.Other conditions precedent: (none) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Laurel Owner By: Authorized Signature Title Copy to Engineer - Page 36 - 2019 Pavement Maintenance Notice of Award Form 00510 KLJ Project 1904-00230 Page 1 of 1 Notice of Award Date: 3/12/2019 Project: 2019 Pavement Maintenance Owner: City of Laurel Owner's Contract No.: Contract: Base Bid Engineer's Project No.: 1904-00230 Bidder: Hardrives Construction, Inc. Bidder's Address: 4800 Helfrick Road Billings, MT 59101 You are notified that your Bid dated March 8, 2019 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for 2019 Pavement Maintenance. The Contract Price of your Contract is One Hundred Thirty-Seven Thousand Six Hundred Ninety-Eight Dollars and No Cents ($137.698.00). 4 copies of the proposed Contract Documents (including Drawings) accompany this Notice of Award. (tbd) sets of Drawings and Specifications will be delivered separately or otherwise made available to you. You must comply with the following conditions precedent within fifteen (15] days of the date you receive this Notice of Award. 1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3. Other conditions precedent: (none) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Laurel Owner By: Authorized Signature Title Copy to Engineer - Page 37 - 2019 Pavement Maintenance Notice of Award Form 00510 KLJ Project 1904-00230 Page 1 of 1 Notice of Award Date: 3/12/2019 Project: 2019 Pavement Maintenance Owner: City of Laurel Owner's Contract No.: Contract: Base Bid Engineer's Project No.: 1904-00230 Bidder: Hardrives Construction, Inc. Bidder's Address: 4800 Helfrick Road Billings, MT 59101 You are notified that your Bid dated March 8, 2019 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for 2019 Pavement Maintenance. The Contract Price of your Contract is One Hundred Thirty-Seven Thousand Six Hundred Ninety-Eight Dollars and No Cents ($137.698.00). 4 copies of the proposed Contract Documents (including Drawings) accompany this Notice of Award. (tbd) sets of Drawings and Specifications will be delivered separately or otherwise made available to you. You must comply with the following conditions precedent within fifteen (15] days of the date you receive this Notice of Award. 1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3. Other conditions precedent: (none) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Laurel Owner By: Authorized Signature Title Copy to Engineer - Page 38 - 2019 Pavement Maintenance Notice of Award Form 00510 KLJ Project 1904-00230 Page 1 of 1 Notice of Award Date: 3/12/2019 Project: 2019 Pavement Maintenance Owner: City of Laurel Owner's Contract No.: Contract: Base Bid Engineer's Project No.: 1904-00230 Bidder: Hardrives Construction, Inc. Bidder's Address: 4800 Helfrick Road Billings, MT 59101 You are notified that your Bid dated March 8, 2019 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for 2019 Pavement Maintenance. The Contract Price of your Contract is One Hundred Thirty-Seven Thousand Six Hundred Ninety-Eight Dollars and No Cents ($137.698.00). 4 copies of the proposed Contract Documents (including Drawings) accompany this Notice of Award. (tbd) sets of Drawings and Specifications will be delivered separately or otherwise made available to you. You must comply with the following conditions precedent within fifteen (15] days of the date you receive this Notice of Award. 1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3. Other conditions precedent: (none) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Laurel Owner By: Authorized Signature Title Copy to Engineer - Page 39 - Item Attachment Documents: 11. Resolution No. R19-09: A Resolution Of The City Council Approving A Three-Year Agreement Between The City Of Laurel And Local Union Local 303, American Federation Of State, County And Municipal Employees, AFSCME. - Page 40 - R19-09 Local 303 Union Agreement Approval RESOLUTION NO. R19-09 A RESOLUTION OF THE CITY COUNCIL APPROVING A THREE-YEAR AGREEMENT BETWEEN THE CITY OF LAUREL AND LOCAL UNION LOCAL 303, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME. WHEREAS, the City of Laurel and the above Union have been actively negotiating a labor agreement through their respective negotiation teams; and WHEREAS, the negotiating teams arrived at an agreement through collective bargaining efforts and have prepared the final written agreement in which all modifications, additions or deletions have been written and approved by a vote of the Union membership; and WHEREAS, the Agreement provides a three-year agreement for all working conditions contained in the attached agreement; and WHEREAS, the City Council must also additionally approve the attached agreement in order to finalize and implement the agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The attached agreement between the City of Laurel and the Union is hereby approved. In accordance with the terms of the agreement, such approval is retroactive to July 1, 2018. Section 2: Execution. The Mayor, Clerk-Treasurer and City’s negotiating team are hereby given authority to execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on March 19, 2019, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 19th day of March 2019. APPROVED by the Mayor this 19th day of March 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 41 - - P a g e 4 2 - - P a g e 4 3 - - P a g e 4 4 - - P a g e 4 5 - - P a g e 4 6 - - P a g e 4 7 - - P a g e 4 8 - - P a g e 4 9 - - P a g e 5 0 - - P a g e 5 1 - - P a g e 5 2 - - P a g e 5 3 - - P a g e 5 4 - - P a g e 5 5 - - P a g e 5 6 - - P a g e 5 7 - - P a g e 5 8 - - P a g e 5 9 - - P a g e 6 0 - - P a g e 6 1 - - P a g e 6 2 - - P a g e 6 3 - - P a g e 6 4 - - P a g e 6 5 - - P a g e 6 6 - - P a g e 6 7 - - P a g e 6 8 - - P a g e 6 9 - - P a g e 7 0 - - P a g e 7 1 - - P a g e 7 2 - - P a g e 7 3 - - P a g e 7 4 - - P a g e 7 5 - - P a g e 7 6 - - P a g e 7 7 - - P a g e 7 8 - - P a g e 7 9 - Item Attachment Documents: 12. Ordinance No. O19-01: An Ordinance Amending Title 2, Chapters 2.08, 2.12, And 2.60 Of The Laurel Municipal Code For The Purpose Of Clarifying That Current City Employees Are Not Eligible To Serve As Members Of City Committees And Commissions Or To Serve As Elected City Officers In Accordance With Montana Law. - Page 80 - Ordinance No. O19-01: LMC, Title 2, Chapters, 2.08, 2.12, and 2.60 ORDNANCE NO O19-01 AN ORDINANCE AMENDING TITLE 2, CHAPTERS 2.08, 2.12, AND 2.60 OF THE LAUREL MUNICIPAL CODE FOR THE PURPOSE OF CLARIFYING THAT CURRENT CITY EMPLOYEES ARE NOT ELIGIBLE TO SERVE AS MEMBERS OF CITY COMMITTEES AND COMMISSIONS OR TO SERVE AS ELECTED CITY OFFICERS IN ACCORDANCE WITH MONTANA LAW. WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and updating chapters, sections and subsections to address situations and problems within the City and to remain in accordance with Montana law; and WHEREAS, Montana law specifically prohibits employees of a city, town or county from serving in elected positions since the positions of employees and elected officials are incompatible as a matter of law; and WHEREAS, the City of Laurel’s LMC requires an amendment to clarify the Montana law as related to the doctrine of incompatible positions to avoid future issues; and WHEREAS, upon request of the Mayor, the ordinance amendments were prepared to be adopted and incorporated into the existing Title 2 as noted herein and the Mayor hereby recommends the same to the City Council for their full approval as follows: 2.08.240 Standing committees. At the first regular meeting of the council, after the first Monday in January following a city election, the mayor shall appoint standing committees as follows: A. Public Works; B. Budget and Finance; C. Emergency Services; D. Human Relations. Each committee shall consist of not more than four councilpersons and such other private individuals as the mayor shall appoint. All appointments shall be approved by a majority of the council. City employees are not eligible to serve as members on City Standing commitees. (Ord. 99-24, 1999: Ord. 1012, 1992: prior code § 2.12.170) 2.08.250 Special committees. The mayor shall from time to time appoint such other standing or temporary committees of the council as shall be authorized, for any purpose by a majority vote of the council. City employees are not eligible to serve as members on City Special commitees.(Prior code § 2.12.180) 2.12.020 Elective and appointive offices. The elective officers offices of the city consist of one mayor, two aldermen from each ward, and one city judge, who must be elected by the qualified electors of the city as provided in M.C.A. § 7-4-4102. There may also be appointed offices that are appointed by the mayor, with the advice and consent of the council, one city clerk-treasurer, who is ex officio city assessor, director of public works, assistant director of public works, engineer, maintenance director, public utilities director, and any other officer necessary to carry out the provisions of this title. The city council may prescribe the duties of all city officers and fix their compensation subject to the limitations contained in the city ordinances and state law. (Ord. 02-7, 2002: Ord. 97-2 § 1, 1997: Ord. 1000, 1991: prior code § 2.04.020) - Page 81 - Ordinance No. O19-01: LMC, Title 2, Chapters, 2.08, 2.12, and 2.60 2.12.030 Eligibility to elective office. No person is eligible to any elective office who is a current employee of the city, not a citizen of the United States and who has not resided in the city or an area which has been annexed thereto for at least two years immediately preceding his election and who is not a qualified elector thereof. (Prior code § 2.04.030) 2.60.100 Police commission—Appointment—Terms and conditions of office. The mayor shall nominate, with the consent of the council, three residents of the city, who shall have the qualifications required by law to hold a city board to be known by the name of “police commission,” and who shall hold office for three years. City employees and individuals serving in city elected offices are not eligible to serve as Police commission members. One member of such board must be appointed annually at the first meeting of the council in May of each year. (Prior code § 2.20.150) This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on March 19, 2019, by Council Member Herr. PASSED and ADOPTED by the Laurel City Council on second reading this 2nd day of April upon motion of Council Member __________________. APPROVED BY THE MAYOR this 2nd day of April 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 82 -