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HomeMy WebLinkAboutCity Council Packet 04.16.2019 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, APRIL 16, 2019 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R19-12 NEXT ORD. NO. O19-02 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 fro m 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 Coun cil. 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 welcomes 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 April 2, 2019. Correspondence 2. 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 it em 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. 3. Claims for the month of April 2019. 4. Clerk/Treasurer Financial Statements for the month of March 2019. 5. Approval of Payroll Register for PPE 4/7/2019 totaling $186,599.40. 6. Receiving the Committee/Board Minutes into the Record.  Budget/Finance Minutes Committee minutes of April 2, 2019.  Council Workshop minutes of April 9, 2019.  Park Board minutes of February 7, 2019.  Park Board minutes of March 7, 2019.  Park Board minutes of April 4, 2019.  Tree Board minutes of March 21, 2019.  Laurel Airport Authority minutes of February 19, 2019. - Page 1 - Ceremonial Calendar 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 7. Mayor's appointment of Travis Pitts as Police Captain for the Laurel Police Department. 8. Resolution No. R19-12: A Resolution Of The City Council Requesting Distribution Of Bridge And Road Safety And Accountability Program Funds. 9. Motion to approve Council Member Mountsier to be absent from the City of Laurel for more than ten days (LMC 2.12.060). 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 one 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 April 2, 2019. - Page 3 - - P a g e 4 - - P a g e 5 - - P a g e 6 - Item Attachment Documents: 2. Chamber of Commerce minutes of February 14, 2019; Laurel Chamber of Commerce agenda of March 14, 2019. - Page 7 - Agenda Laurel Chamber of Commerce April 11, 2019 Guadalajara Moment of Silence Presentation of minutes: Guest Speaker – Financial Report - Yellowstone Checking - $ 83,000.54 Altana CD $ 8,405.53 Altana Saving $ 748.55 Christmas Repair Fund $ 3,706.34 TOTAL $ 95, 5860.95 Bills to be presented for payment: - done to date OLD BUSINESS  Job Fair- April 16th from 4-7pm at The Corner, 5 businesses  Chamber Logo-  Committee meetings - o Budget: March 28th – Carrie report. NEW BUSINESS –  New Members – Our Savior’s Lutheran Church  July 4th – 16 food vendors and 11 craft vendor have paid. o Parade- Walkie Talkies, The schools would not have the reach we would need -Candy- o Grand Marshall?- We need ideas of who to be the Grand Marshal o Sumer part-time help- o Entertainment/Stage- o Activities- City does not allow bouncy houses. Cami was thinking maybe getting a dunk tank and having volunteers sign up? Still waiting to hear about carnival games  Christmas light pole @ IGA-  Brochures- Last brochures were done in 2016, need to get some new ones made up  Tourism Grant- Ribbon Cuttings  OPEN FORUM – Business After Hours –  Thoughts on Chamber hosting one next month- If you would like to host an event, please contact the Chamber. Next Meeting – May 10, 2019 Fowl Play - Page 8 - Laurel Chamber of Commerce Board Meeting Minutes The Meeting was held on March 14, 2019 at Log Cabin. In attendance were: Executive Board Members: President- Amanda Powell, Treasurer- Evan Bruce and Executive Secretary- Camilla Nelson. Directors: Katie Whitmoyer, Patsy Woody, Lori Hodges, Beth Hoferer, Megan Cutting, Renee Studiner, Carrie Smith, Brent Renier and Billie Lehman. Amanda called the meeting to order. The minutes were reviewed: Carrie motioned that the minutes be approved, Lori 2nd, minutes were approved Bills to be presented for payment: None to date Old BUSINESS  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  July 4th Run- It was voted on to donate the run profit to Laurel Graduation Matters this year  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, Only have 4 businesses signed up so far NEW BUSINESS  New Members – Newman Restoration & Cleaning, Sunlight Property Management, Beartooth R,C&D  July 4th – 14 food vendors and31 craft vendor have paid o Discount for members to set up booths?- It was voted on that members get a discounted rate for the craft fair for half off and to change the price to $50, $100, $150. Carrie motioned, Renee 2nd o Hire Marcia for part-time help- Cami will talk to Marcia and see if she is still willing to come back to be the summer help and what she would agree to on pay o Entertainment- We want to add some entertainment at the park, ideas were suggested of a Talent show, bouncy houses, contacting 1st Congregational church for carnival games. Cami will start looking into these options and try finding a stage for the talent show. o Walkie Talkies- Cami suggested that we get walkie talkies for lining up the parade, and even possibly the run. Lori said she would check with the School if we could use theirs.  Chamber Logo- Cami had an option to change the Logo to, day after Yellowstone County Chamber posted a very similar one so can no longer use that one. She said she would have her person try some different ideas. Ideas were suggested of using purple, mountains and that they really liked the train. Evan also said he would come up with some designs. OPEN FORUM Business after Hours Meeting Adjourned Next meeting – April 11, 2019 Guadalajara - Page 9 - Item Attachment Documents: 6. Receiving the Committee/Board Minutes into the Record. Budget/Finance Minutes Committee minutes of April 2, 2019. Council Workshop minutes of April 9, 2019. Park Board minutes of February 7, 2019. Park Board minutes of March 7, 2019. Park Board minutes of April 4, 2019. Tree Board minutes of March 21, 2019. Laurel Airport Aurthority minutes of February 19, 2019. - Page 10 - - P a g e 1 1 - - P a g e 1 2 - - 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 - MINUTES CITY OF LAUREL PARK BOARD THURSDAY, FEBRUARY 07, 2019 Members Present: Scot Stokes (Chair), Phyllis Bromgard, Evan Bruce, Irv Wilke, Richard Herr, and Matt Wheeler. Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. General Items 1. Approve Park Board Minutes of 12.6.2018. Motion by Irv to approve the Park Board minutes of 12.6.2019 seconded by Richard. Motion carried 5-0. 2. Approval of Minutes from January 3, 2019. Motion by Richard to approve the Park Board minutes of 12.6.2019 seconded by Irv. Motion carried 5-0. New Business 3. Review Park Reservation Process When the weather improves Scot and Irv will look at Riverside Park and identify the space being used. 4. Territorial Landworks – Colton Motion by Irv seconded by Scot to move forward with the drainage fields at Iron House Subdivision. A letter of recommendation will be brought to Council. All options will be presented at Council. 5. Parks Update - Matt Discussed Kids Kingdom repairs and what maintenance may be done in the future. Old Business 6. Riverside Park Update An update was given on the vaulted toilets. The toilets have been ordered and need to establish installation dates. Also discussed lead in the shooting areas, and what would need to be done to remove the lead to be suitable for camping. Other Items Announcements The next meeting will be held March 7th, 2019. The Park Board meeting adjourned at 6:35 p.m. Respectfully submitted, Scot Stokes Chair NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. - Page 22 - Minutes for Park Board, March 7, 2019 Attendance: Scot Stokes (Chair), Phyllis Bromgard, Evan Bruce, Irv Wilke, Richard Herr, Matt Wheeler, and Jon Rutt Historical Society showed up with: board member Blain Fandrich, Western Heritage Center Director (Kevin Kooistra), and Billings Historic Preservation Office (Lora Mattox) Public Input: Jaycee Hall representative Haward brought up that vehicles have been getting stuck around the Jacee Hall and that requested that the city plows around the Jaycee Hall. Matt stated as the city worker,city has already plowed around the building. Irv stated he saw it plowed. General Items: Minutes were approved without comments and unanimously by the board New Business: Evan was voted in as Secretary of the Park Board. Irv Wilky nominated with Richard Herr seconded. Everyone voted in favor. Irv Wilky was voted in as Second Chair. Richard Secondeded. Everyone voted in favor . Riverside Park Clean-Up Ideas: Weather and floodplain questions were holding up placing the new toilet for Riverside Park. City County planning board was brought up that new flood plain regulation might put on the new toilet. They had to do with Wildlife Endangerment Studies but no-one is the meeting has verified info on the new regulations. Park Updates: The city did install outdoor lights at Jaycee Hall for public safety. This was brought up in the last meeting and Kurt Markegard announced that they were up and Irk Wilky states that he noticed them when he was down there. Other Items: Lorra Mettrix talked about nominations and process to see if Laurel would be interested in having Riverside Park put on the Historic Registry (NRHP). The Yellowstone Historic Preservation Board would help the city in it and apply while providing past research and answering questions. It was stated that even after registering, the buildings can still be torn down only if no federal fund goes to the building. The Historic Board representatives say that the park would easily qualify to be on the historic registry. Being on a historic registry would open up potential money that might not be available otherwise. There are specific funds for MT that would open up. They were also glad to see good community involvement behind the park, Jaycee, lions. That could be money for demolishing or mold removal. - Page 23 - The representative Blain Fandrich went on the history of the park and states a few unknown facts about what happened in the park and what it was used for. That history can be found in the research that the Western Heritage Center did at request from the Preservation Board. It was stated that some of the log cabins that were built in the park have already moved away from the park, including the current chamber of commerce building. Some of the other log cabins current locations are unknown. They went on to state that history would draw in tourism and community support. That fact helps make tiff and tourism grants a possibility. National trusts are also possible. There won't be cost to get listed. The Western Heritage Center provided Evan Bruce the binder of historical research to be scanned and digitally sent to the other members. (Evan will also add in the missing Laurel Outlook articles that were listed in the binder and added to the pdf to be sent out). Potential support from the state level, the state chamber of commerce was also possible. Irv asked about the master plan approved by the city and how this could funnel grants into that and Lorra stated that it would be possible. It was then stated some optional fund with no matching fund requirement was out there based on that the park in on the highway. To finalize that representative state that this all opens up possibilities. Scott Stokes stated that this will be put on the agenda to make a recommendation to the city council to move forward with Riverside Park and its placement on the Historic Registry. April 4th Next Meet Evan asks about an update on the newPark Use Permit s. Kurt and Scott stated that the weather has postponed them walking around the park and figuring out the layout of the park and how it will be stated on the permits. Irv said Kurt and Scott Stokes could walk around with him. park use permit The old park info to be stored in the conference room for Evan, the new secretary. Philis Bromgard updated the board on the lion's park. Trees have been ordered and railing is going up. evergreen trees. The pathway was not funded yet. The oil spill money will be co vering the cost of the handicap dock this year. Irv asked about the January meeting minutes but Scott stated that no meeting happened. Meeting was adjourned. - Page 24 - - P a g e 2 5 - - P a g e 2 6 - - P a g e 2 7 - - P a g e 2 8 - - P a g e 2 9 - - P a g e 3 0 - - P a g e 3 1 - - P a g e 3 2 - MINUTES CITY OF LAUREL Tree Board 03/21/2019 09:30 AM Public Works Conference Room A Tree Board was held in the Public Works Conference Room and called to order by Dale Ahrens at 09:30 AM on 03/21/2019. COMMITTEE MEMBERS PRESENT: LuAnne Engh, Chairman Aaron Christiansen, Vice- Chairman Walter Widdis, Secretary Dale Ahrens Richard Herr Matt Wheeler Kurt Markegard Phyllis Bromgard OTHERS PRESENT: 1. Public Input a. Update on Boulevard Trees - Council is hoping to get volunteers to work on this issue so that some type of ordinance can be adopted - Needs a directive on the % of vegetation, rock and that all trees require irrigation b. New Planner - Dick Altonganga has been hired and adding direction to this issue and LURA 2. General Items a. February 2019 minutes approved - Page 33 - 2 b. Arbor Day Theme and Design TREES HELP EVERYONE May 7th 11:00 South Pond Theme design by Colton Watts - 3rd graders - he'll receive a $50 gift card to Walmart c. Grants - DNRC Mini-Grant (Dale) he turned this over to Lynne Peterson d. Northwest Energy Gratn (Dale) $500 sent in two weeks ago e. Walmart Grant - Done f. DNRC - annual $750 - received by City Clerk g. Donations to date- Aaron has collected several Kings Ace Hardware - supplies, Rocky Mt Compost - Free Compost, Bobcat of Billings - Free use of a bobcat, plus the trees have been ordered by River's Edge and Good Earth works - 4 donated and 2 purchased with funds from Larned Tree Service, Be R Tree Specialist, Waste Connection - So the cost of trees is all covered and the new donors are sending their graphics to Dynamic h. Dynamic Design - Banner and t-shirts - Aaron has working with Shannel on the design, color and graphics - LuAnne is working on the number of shirts i. Schedule - LuAnne has forwarded 2018 Schedule to Lynne - Waltter is working on the site map j. Ceremony & program - Matt will probably be in charge - needs to get the ad in the paper and print programs - arrange platform and speaker with microphone Contact the American Legion 3. New Business a. Aaron said local arborists will donate their time for trimming on Arbor Day. Fran needs help trimming the row on Railroad Street at South Park and Nutting Park - no update b. Downtown tree district - LURA grant - no report c. . 4. Old Business a. Lions - Phyllis reported the group has blueprints for the dock and pathway -they are still waiting for Lions International for funds (that will need to be matched) She is also waiting for the cost on the pathway. Phyllis wants to plant the samplings she has - Fran will direct that project 5. Other Items a. Nutting Park - should money be spent on the trees from the annual tree fund b. Elena Park - How did the trees survive the winter - need replacements - Page 34 - 3 c. Riverside Park Progress with DOJ funds - the vault toilet is being installed now Richard asked what is being done about the camp ground - No direction has come from the Mayor and CAO. 6. Announcements a. Next meeting April 18 - 9:30 b. Final meeting May 2 - 9:30 if necessary c. May meeting - 16th @9:30 The Tree Board adjourned at 09:40 AM. Respectfully submitted, LuAnne Engh Committee Chairman NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. - Page 35 - MINUTES LAUREL AIRPORT AUTHORITY BOARD MEETING Tuesday, February 19, 2019 A Laurel Airport Authority Board meeting was held in the Airport Pilot’s Lounge and called to order by Chairman Randy Hand at 19:00. BOARD MEMBERS PRESENT: ☐      Randy Hand, Chairman ☐      Brock Williams, Secretary ☐      Shane Linse ☐      Will Metz ☐      Jim Swensgard     OTHERS PRESENT: Matt Lurker, Craig Canfield, Hardin Graham, Bob Miller, Rob Effinger 1.Public Input Citizens may address the board regarding any item of business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the board will not take action on any item not on the agenda. a.     none 2.General Items a.Previous minutes approved by unanimous consent b.Regular occurring claims were approved 3.Reports from Craig Canfield of KLJ a.MDT Aeronautics Awards i.We received 2 awards from MDT Aeronautics 1.Taxiway B Reconstruction: $36,563 grant, $58,237 loan. Estimated construction amount is $1,000,000. - Page 36 - 2.Pavement Maintenance: $56,880 loan. Estimated cost approximately $500,000. ii.We need to accept by June 2020 b.FAA Approved CATEX Environmental for all pending projects c.Ken Peterson needs to sign a document to accept $22,000 grant from MDT for runway project. Bills have already been paid so this money will go into our general fund. d.Runway signs have been repaired, but are still offline due to outstanding issues with electrical. e.Change Order 4 requested to authorize Midland to repair the “old” runway sign and fix a circuit in the shed. Amount is $4,800, 90% paid by FAA. Motion carried without dissent. f.Change Order 5 requested relating to moving the SRE buildings. KLJ had to hire a foundation engineer. Siewart required additional concrete, rebar, etc for foundation changes. Amount is $2,400. Motion carried without dissent. Expected timeframe for completion is 6 weeks once weather allows them to begin work. g.KLJ Contract Amendment is requested to due additional work performed. Change Order 2 added redesiging the wast area and future hangar area. CO 3 was hangar relocation and demolition. Total project on track to be $75,000 over initial budget, which did not include the additional work. Request is to increase KLJ Contract amount by $21,150. Motion approved without dissent. 4.New Business a.Snow Plow Damage. Murl will only plow blacktop, no hangar approaches unless requested. Brock to draft a form for hangar owners to sign to request approaches plowed and release liability. b.Snow removal after squalls. Not currently plowing unless there is at least 2” of snow. c.MTANG. Will provided a draft letter which was discussed and changes suggested. Motion to have Will update letter and get it sent. Approved without dissent. d.Discussion regarding the Montana Aviation Conference in Fairmont 2/28-3/2. 2 - Page 37 - e.Planning started for Volunteer Appreciation lunch. Saturday May 18, 2019, starting at noon. Will be held on the ramp by Randy / Shane / Brock’s hangars. f.Engineering 5 year selection due. Will request sample letter from Joe Nye at FAA. 5.Old Business a.Hardin Graham. i.Reviewed drawings from Craig on location of buildings, fuel systems, etc. Hardin would like to start construction when ground thaws. Will lease the whole hangar lot where Jet A farm to be located on Fox Rd. ii.Next step is to start on a lease. Brock will circulate a digital copy of previous lease for comment. Craig will generate lease exhibits. Once we have a draft Brock will submit to Ken Peterson for review. b.Rob Effinger/NSA. Currently operating flight school as Mission Aviation. He and partners negotiating with Kent Potter to purchase NSA assets. Would operate flight school, FBO, maintenance services. Not interested in 135 charter. Rob will send letter of intent to board for lease. Was not aware that other parties were also negotiating for leases. c.Bob Miller, representing another potential purchaser of NSA assets that does not want to operate as an FBO. Was wondering if they would be able to get a lease without operating as FBO. Discussion on whether they would qualify as a SASO and be eligible for a commercial lease as opposed to FBO. 6.Other Items none 7.Announcements a.none The meeting was adjourned at 21:20. 3 - Page 38 - Respectfully submitted, Brock Williams Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 4 - Page 39 - Item Attachment Documents: 7. Mayor's appointment of Travis Pitts as Police Captian for the Laurel Police Department. - Page 40 - April 3rd 2019 To: Mayor Tom Nelson From: Chief Stanley J Langve Re: Promotion of Travis Pitts to Captain Dear Sir, This letter is to recommend the promotion of Travis L Pitts to the position of Captain. On March 22nd 2019 I posted a notice to the members of the Laurel Police Department, requesting letters of interest for the position of Captain. Letters of interest were to be turned into the Office of the Chief of Police by April 2 nd at 0800 Hours. I received one letter of interest and that was from Travis Pitts. Travis began his Law Enforcement career in April of 1988 as a Reserve Deputy with the Carbon County Sheriffs Department. After receiving his Bachelor Degree in Criminal Justice, Travis was hired as a Deputy Sheriff with Carbon County in July of 1993. Travis came to the City of Laurel Police Department November 13th 1996 and worked as a patrolman until August of 2003 when he was assigned as a member of the Eastern Montanan High Intensity Drug Trafficking Area Task Force for a year and a half. He was then assigned as a Task Force Officer with Drug Enforcement LAUREL POLICE DEPARTMENT 215 West 1st Street, Laurel, MT 59044 Phone: 406-628-8737 Fax: 406-628-4641 Chief of Police Stanley J Langve - Page 41 - Administration for 11 years. During this time Travis served with distinction and was highly regarded amongst his peers, receiving the Task Force Officer of the year for 2010 in the Rocky Mountain Division. In April of 2016 Officer Pitts returned to patrol and worked all shifts. During this time, he worked closely with now retired Captain Mark Guy, learning the requirements and duties of the Captains position. Upon my assumption of the Chiefs duties in November of 2018, Travis has served as acting Captain. He has exceled at this position. Travis has over 1,200 hours professional development P.O.S.T certified training and possesses his Advanced Certificate. Travis’s training covers a large scope of law enforcement areas to include leadership training. Travis Pitts is highly respected amongst his peers in the Law Enforcement Community and especially amongst his co-workers. Travis has shown himself to be an excellent Officer and leader, whose character, ethics, and judgment are superior. It is with highest regard that I recommend Travis L Pitts be promoted to the position of Captain of the Laurel Police Department. Sincerely, Stanley J Langve Chief of Police - Page 42 - Item Attachment Documents: 8. Resolution No. R19-12: A Resolution Of The City Council Requesting Distribution Of Bridge And Road Safety And Accountability Program Funds. - Page 43 - R19-12: Distribution FY 2018 HB 473 Gas Tax Funds RESOLUTION NO. R19-12 A RESOLUTION OF THE CITY COUNCIL REQUESTING DISTRIBUTION OF BRIDGE AND ROAD SAFETY AND ACCOUNTABILITY PROGRAM FUNDS. WHEREAS, the Bridge and Road Safety and Accountability Account requires the Montana Department of Transportation to allocate accrued funds to cities, towns, counties, and consolidated city-county governments for construction, reconstruction, maintenance, and repair of rural roads, city or town streets and alleys, bridges, or roads and streets that the city, town, county, or consolidated city- county government has the responsibility to maintain; and, WHEREAS, a city, town, county, or consolidated city-county government that requests funds under the Bridge and Road Safety and Accountability Account must match each $20 requested with $1 of local government matching funds; and, WHEREAS, a city, town, county, or consolidated city-county government requesting distribution of allocated funds may make such a request to the Department of Transportation between March 1 and November 1 of the year the funds were allocated; and, WHEREAS, the project(s) the City of Laurel intends to fund is a city-wide street maintenance project and the local match for the allocated funds has been budgeted from fund 2500 – Street Maintenance Fund. NOW, THERFORE, BE IT RESOLVED THAT: 1. The City Council, on behalf of the City of Laurel, hereby requests distribution of its share of the allocated Bridge and Road Safety and Accountability funds to be used for the project identified herein. 2. That the Council hereby authorizes the Clerk/Treasurer, Bethany Langve, to execute such further documents as may be necessary to facilitate the distribution of said funds. PASSED and APPROVED by the City Council of the City of Laurel this 16th day of April 2019. APPROVED by the Mayor this 16th day of April 2019. CITY OF LAUREL ___________________________________ Thomas C Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: _______________________________ - Page 44 - R19-12: Distribution FY 2018 HB 473 Gas Tax Funds Sam Painter, Civil City Attorney - Page 45 - Item Attachment Documents: 10. - Page 46 - 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 47 - 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 _____________, 2019, by Council Member ___________. PASSED and ADOPTED by the Laurel City Council on second reading this ________day of April upon motion of Council Member __________________. APPROVED BY THE MAYOR this __ day of ___ 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 48 - Ordinance No. O16O19-__ LMC, Title 2, Chapters, 2.08, 2.12, and 2.60, 2.64, and 2.76. Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 9 pt ORDNANCE NO O19-__ AN ORDINANCE AMENDING TITLE 2, CHAPTERS 2.08, 2.12, AND 2.60, 2.64, and 2.76 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 AND FOR OTHER PURPOSES. 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 s tanding 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 offic ers 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) 2.12.030 Eligibility to elective office. Except as specifically provided in 2.60.070, 2.64.120, and, 2.76.080, No no person is eligible to any elective office who is a current employee of the city, not a citizen of the United States and or who has not resided in the city or an area which has been annexed thereto for at leas t two years immediately preceding his election and who is not a qualified elector thereof. (Prior code § 2.04.030) - Page 49 - Ordinance No. O16O19-__ LMC, Title 2, Chapters, 2.08, 2.12, and 2.60, 2.64, and 2.76. Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 9 pt Formatted: Font: 9 pt 2.60.070 Reserve and auxiliary police forces. The chief of police shall recommend and the council shall approve membership in the reserve police force and the auxiliary police force. The number of persons enrolled in the reserve police force and auxiliary police force shall be set by the council. Notwithstanding 2.12.030, aldermen and non-police officer city employees may serve as individual members of the reserve or auxiliary police force. (Prior code § 2.20.120) 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) 2.64.120 Volunteer fire department. There shall be a volunteer fire department to aid the regular fire department i n the protection of the city property from fire. The members of the volunteer fire department shall be appointed by the fire chief with the consent of the council. The total number of volunteer members shall be set by the council. Notwithstanding 2.12.030, aldermen and city employees may serve as individual members of the volunteer fire department. (Prior code § 2.24.130) 2.76.080 Volunteer ambulance service– Appointments. Appointments to the volunteer ambulance service shall be made by the mayor upon recommendation of the ambulance committee and confirmed by the council. Notwithstanding 2.12.030, aldermen and city employees may serve as individual members of the volunteer ambulance service. (Prior code § 20.06.020) 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 __________, 2019, by Council Member ___________________. PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of____________, upon motion of Council Member __________________. APPROVED BY THE MAYOR this ____ day of___________, 2019. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney - Page 50 -