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HomeMy WebLinkAboutCity Council Minutes 01.14.2020 (2) AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, JANUARY 14, 2020 6:30 PM CITY COUNCIL CHAMBERS NEXT RES. NO. R20-01 NEXT ORD. NO. O20-01 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 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 . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of December 23, 2019. Correspondence 2. Billings Swim Center Correspondence 3. Laurel Airport Authority Minutes 10/22/2019. 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 Cons ent 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 December 2019. 5. Approval of Payroll Register for PPE 12/29/2019 totaling $198,253.41. 6. Receiving Workshop Minutes into the Record. Council Workshop minutes of December 3, 2019. Council Workshop minutes of December 17, 2019. Council Workshop minutes of January 7, 2020. Ceremonial Calendar Reports of Boards and Commissions 7. Budget/Finance Committee Minutes of December 23, 2019. Emergency Services Committee Minutes of September 23, 2019. 1 Safety Committee Minutes of July 16, 2019. Park Board Minutes of December 5, 2019. City/County Planning Board Minutes of December 11, 2019. 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. Nomination and Voting of Council President and Vice President. 9. Appointment of Thomas Scott, Brenton Dorsey, Sonja Jones, Dixie Childers, Dylan Benton, and Kaity Butler. to the Laurel Police Reserves. 10. Appointment of Levi Vandersloot as Interim Ambulance Director. 11. Ordinance No. O20-01: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The Adoption And Enforcement Of Building Codes For The City Of Laurel As Required By The State Of Montana. 12. Resolution No. R20-01: A Resolution Adopting An Amendment To The Personnel Policy Manual For The City Of Laurel Requiring Pre-employment Background and Driving Records Checks For Potential Employees And Annual Driving Record Checks For City Employees. 13. Resolution No. R20-02: A Resolution Authorizing The Mayor To Execute A Contract For The City’s Prosecutor Duties Between The City Of Laurel And Thompson Painter Law, PC. 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 t he 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 14. Committee Assignments 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 2 Item Attachment Documents: 1. Approval of Minutes of December 23, 2019. 3 4 5 6 Item Attachment Documents: 2. Billings Swim Center Correspondence 7 8 Item Attachment Documents: 3. Laurel Airport Authority Minutes 10.22.2019. 9 1 0 Item Attachment Documents: 6. Receiving Workshop Minutes into the Record. Council Workshop minutes of December 3, 2019. Council Workshop minutes of December 17, 2019. Council Workshop minutes of January 7, 2020. 11 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 4 0 4 1 4 2 4 3 4 4 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 5 5 6 5 7 5 8 Item Attachment Documents: 7. Budget/Finance Committee Minutes of December 23, 2019. Emergency Services Committee Minutes of September 23, 2019. Safety Committee Minutes of July 16, 2019. Park Board Minutes of December 5, 2019. City/County Planning Board Minutes of December 11, 2019. 59 Minutes of City of Laurel Budget/Finance Committee Tuesday, December 23, 2019 Members Present: Emelie Eaton Richard Klose Others Present: Mayor Nelson Bethany Langve The Meeting was called to order by Chair Eaton at 5:30 pm. 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 • Review and approve the minutes of the December 10, 2019 meeting. Richard Klose made a motion to approve the minutes of the December 10, 2019 Budget and Finance Committee meeting. Mayor Nelson seconded the motion to approve the December 10, 2019 Budget and Finance Committee meeting minutes, all in favor, motion passed. • Review and approve purchase requisitions – There were none presented. • Review and approve the November 2019 Financial Statements. The Clerk/Treasurer briefly went over the November 2019 Financial Statements. The Committee had no questions or comments. Richard Klose made a motion to approve the November 2019 Financial Statements. Mayor Nelson seconded the motion to approve the November 2019 Financial Statements, all in favor, motion passed. • Review and recommend approval to Council Claims entered through 12/20/19. Richard Klose had previously reviewed the Claims Detail report and the check register for accuracy. There were no questions regarding the claims. Richard Klose made a motion to recommend approval to Council the claims entered through 12/20/19, Mayor Nelson seconded the motion, all in favor, motion passed. • Review and approve Payroll Register for pay period ending 12/15/19 totaling $184,329.28. The two- page summary was reviewed, signed and dated. Emelie Eaton made a motion to approve the Payroll Register for the pay period ending 12/15/19 totaling $184,329.28, Richard Klose seconded the motion, all in favor, motion passed. New Business – None Old Business – None Other Items • Review the November Journal Vouchers. The Committee briefly reviewed the November Journal Vouchers and had no comments or questions. • Review the Comp/Overtime report for pay period ending 12/15/2019. The Committee reviewed the • The Clerk/Treasurer stated that she no updates at this time. The Committee asked about the upcoming East Downtown Infrastructure project bond sale and how that was going to work. The Clerk/Treasurer stated that this bond sale would be new, and she would need to speak with bond counsel regarding that. She would report back to the committee after she spoke to the bond counsel. • The Mayor stated that he had nothing to report at this time. Announcements – • The next Budget and Finance Meeting will be held on January 14, 2020 at 5:30pm • Emelie Eaton will be reviewing claims for the next meeting 60 Respectfully submitted, Bethany Langve Clerk/Treasurer NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 61 6 2 6 3 6 4 6 5 6 6 6 7 6 8 6 9 7 0 7 1 7 2 7 3 7 4 7 5 Item Attachment Documents: 11. Ordinance No. O20-01: An Ordinance Amending Certain Chapters Of Title 14 Of The Laurel Municipal Code Relating To The Adoption And Enforcement Of Building Codes For The City Of Laurel As Required By The State Of Montana. 76 Ordinance No. O20-01 LMC Title 14 Building and Construction Amendments ORDINANCE NO O20-01 AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 14 OF THE LAUREL MUNICIPAL CODE RELATING TO THE ADOPTION AND ENFORCEMENT OF BUILDING CODES FOR THE CITY OF LAUREL AS REQUIRED BY THE STATE OF MONTANA. 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, the City’s Public Works Department Staff worked with Building Officials from the State of Montana to prepare the amendments to the Laurel Municipal Code to remain consistent and in accordance with the rules adopted by the State of Montana, Building Codes Bureau. WHEREAS, City Staff prepared, reviewed, and approved the following amendments to the existing Title 14 as noted herein and hereby recommends the same to the City Council for their full approval. Title 14 BUILDINGS AND CONSTRUCTION Chapters: 14.03 City Fees for Building, Remodel, Plumbing and Construction Projects 14.04 Construction Board of Appeals 14.12 International Building Code, 2003 2018 Edition 14.16 International Residential Building Code, 2003 2018 Edition 14.18 International Existing Building Code, 2003 2018 Edition 14.20 Uniform Plumbing Code 14.22 International Energy Conservation Code, 2012 Edition 14.23 International Swimming Pool and Spa Code, 20158 Edition 77 Ordinance No. O20-01 LMC Title 14 Building and Construction Amendments 14.03.010 - City fees for building, remodel, plumbing and construction projects. The city council shall establish reasonable fees and/or charges for all building, remodel, plumbing and/or construction permits for projects within the city by annual resolution after a public hearing. (Ord. 07-06 (part), 2007) 14.12.010 - Adoption. The International Building Code, 2012 Edition, is adopted by and declared to be the building code of the city for the purpose of regulating the erection, construction, demolition, occupancy, equipment, use, height, area, remodeling and maintenance of all buildings and other structures within the municipality or within the city building inspector's jurisdictional area as may hereafter be established and approved by the state of Montana and adopted by the city. The City of Laurel hereby adopts by reference, pursuant to MCA Section 50-60-301 (1)(a), the International Building Code, 2018 Edition as provided by the Administrative Rules of Montana (ARM) 24.301.131 (1) through (3) with Appendix Chapter C (Group U- Agricultural Buildings) and modified through ARM 24.301.146 (1) through (44), as required by to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. One full printed copy of the code shall be available in the offices of the city. The International Building Code, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Building Code" of the city. NEW SECTION: 14.12.020 - Updated References The International Building Code cited in this Chapter may be amended by resolution or administrative order of the Mayor as authorized by MCA Section 50-60-301 (1) (b). (Ord. 05-15 (part), 2005) (Admin. Order AO-15-01 § 1, 2-24-2015) Chapter 14.16 - INTERNATIONAL RESIDENTIAL BUILDING CODE, 2012 EDITION 14.16.010 - Adoption. The International Residential Building Code, 2012 Edition, is adopted by and declared to be the International Residential Building Code of the city for the purpose of regulating the fabrication, erection, construction, enlargement, alteration, repair, location, use and remodeling of detached one- and two- family dwellings, their appurtenances and accessory structures within the municipality or within the city building inspector's jurisdictional area as may hereafter be established and approved by the state of Montana and adopted by the city. The City of Laurel hereby adopts by reference pursuant to MCA Section 50-60-301 (1)(a), MCA the International Residential Code, 2018 Edition as modified by the Administrative Rules of Montana (ARM) 24.301.154 (1) through (24) with Appendix Q Tiny Houses as permitted by ARM 24.301.154 (2) (a), as required by to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. 78 Ordinance No. O20-01 LMC Title 14 Building and Construction Amendments One full printed copy of the code shall be available in the offices of the city. The International Residential Building Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as "International Residential Building Code" of the city. NEW SECTION: 14.16.020 - Updated References The International Residential Building Code described in Section 14.16.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by MCA Section 50-60-301 (1) (b). (Ord. 05-15 (part), 2005) (Admin. Order AO15-01,§ 2, 2-24-2015) Chapter 14.18 - INTERNATIONAL EXISTING BUILDING CODE, 2012 EDITION 14.18.010 - Adoption. A. The International Existing Building Code, 2012 Edition, is adopted by and declared to be the building conservation code of the city. The City of Laurel hereby adopts by reference pursuant to MCA Section 50-60-301 (1)(a), the International Existing Building Code, 2018 Edition as provided by the Administrative Rules of Montana (ARM) 24.301.171 (1) through (4), as required by to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. B. One full printed copy of the code shall be available in the offices of the city. The International Existing Building Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Existing Building Code" of the city. NEW SECTION: 14.18.020 - Updated References The International Existing Building Code described in Section 14.18.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by MCA Section 50-60-301 (1) (b) MCA. (Ord. 05-15 (part), 2005) (Admin. Order AO15-01, § 3, 2-24-2015) Chapter 14.20 - UNIFORM PLUMBING CODE 14.20.010 - Adoption. A.The Uniform Plumbing Code, 2012 Edition, is adopted by and declared to be the plumbing code of the city for the purpose of regulating the installation, alteration or repair of plumbing and drainage systems, and the inspection thereof.B.One full printed copy of the code shall be available in the offices of the city. The Uniform Plumbing Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "Uniform Plumbing Code" of the city. (Ord. 05-15 (part), 2005) (Admin. Order AO15-01, § 4, 2-24-2015) 79 Ordinance No. O20-01 LMC Title 14 Building and Construction Amendments Chapter 14.22 - INTERNATIONAL ENERGY CONSERVATION CODE NEW SECTION: 14.22.020 - Updated References The International Energy Conservation Code described in Section 14.22.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by MCA Section 50-60-301 (1) (b). NEW SECTION: Chapter 14.23 – International Swimming Pool and Spa Code, 2018 Edition 14.23.010 – Adoption. A. The City of Laurel hereby adopts by reference pursuant to MCA Section 50-60-301 (1)(a), MCA and Administrative Rules of Montana (ARM) 24.301.175 (2) the Swimming Pool and Spa Code, 2018 Edition as modified by the Administrative Rules of Montana (ARM) 24.301.175 (1) through (6), as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. 14.23.020 – Updated References. The International Swimming Pool and Spa Code described in Section 14.23.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by MCA Section 50-60-301 (1) (b). 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 January 14, 2020, by Council Member ___________________. PASSED and ADOPTED by the Laurel City Council on second reading this 28th day of January 2020, upon motion of Council Member __________________. APPROVED BY THE MAYOR this 28th day of January 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney Formatted: Font: Not Bold 80 Title 14 - BUILDINGS AND CONSTRUCTION Chapters: Chapter 14.03 - CITY FEES FOR BUILDING, REMODEL, PLUMBING AND CONSTRUCTION PROJECTS Sections: 14.03.010 - City fees for building, remodel, plumbing and construction projects. The city council shall establish reasonable fees and/or charges for all building, remodel, plumbing and/or construction permits for projects within the city by annual resolution after a public hearing. (Ord. 07-06 (part), 2007) Chapter 14.04 - CONSTRUCTION BOARD OF APPEALS Sections: 14.04.010 - Board created. A. There is created a board of appeals consisting of five qualified persons appointed by the mayor, who shall hold office for a two-year term. B. All board of appeals provided in any uniform code adopted by the city under this title or referenced elsewhere in this code, are replaced by the board described in subsection A of this section. (Ord. 05-15 (part), 2005) 14.04.020 - Duties. The board of appeals shall: A. Hear, make findings and decide all appeals arising out of the enforcement of the codes; B. Adopt rules and regulations for conducting its investigations; C. Render all decisions and findings in writing to the enforcing officer of the particular code with a duplicate copy to the appellant; D. Recommend to the mayor such new legislation as is consistent with its findings and decisions; E. Notify the appellant that failure to comply with the board's decision within ten days or within a reasonable time set by the board, will result in the filing of a complaint in the city court to compel compliance; F. Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. (Ord. 05-15 (part), 2005) 14.04.030 - Ex officio members. The official designated in the uniform code as an ex officio member of the board provided in said uniform code shall be an ex officio member of the board established under this title. (Ord. 05-15 (part), 2005) 14.04.040 - Failure to comply. Once the board of appeals has made its decision, the appellant shall comply with such decision. Upon failure to comply, a complaint may be filed with the enforcing official in the city court. 81 (Ord. 05-15 (part), 2005) Chapter 14.12 - INTERNATIONAL BUILDING CODE, 2012 EDITION Sections: 14.12.010 - Adoption. The City of Laurel hereby adopts by reference per Section 50-60-301 (1)(a), MCA the International Building Code, 2018 Edition as provided by the Administrative Rules of Montana (ARM) 24.301.131 (1) through (3) with Appendix Chapter C (Group U- Agricultural Buildings) and modified through ARM 24.301.146 (1) through (44), as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. The International Building Code, 2012 Edition, is adopted by and declared to be the building code of the city for the purpose of regulating the erection, construction, demolition, occupancy, equipment, use, height, area, remodeling and maintenance of all buildings and other structures within the municipality or within the city building inspector's jurisdictional area as may hereafter be established and approved by the state of Montana and adopted by the city. One full printed copy of the code shall be available in the offices of the city. The International Building Code, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Building Code" of the city. 14.12.020 - Updated References The International Building Code described in Section 14.12.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by Section 50-60-301 (1) (b), MCA. (Ord. 05-15 (part), 2005) (Admin. Order AO-15-01 § 1, 2-24-2015) Chapter 14.16 - INTERNATIONAL RESIDENTIAL BUILDING CODE, 2012 EDITION Sections: 14.16.010 - Adoption. The City of Laurel hereby adopts by reference per Section 50-60-301 (1)(a), MCA the International Residential Code, 2018 Edition as modified by the Administrative Rules of Montana (ARM) 24.301.154 (1) through (24) with Appendix Q Tiny Houses as permitted by ARM 24.301.154 (2) (a), as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. The International Residential Building Code, 2012 Edition, is adopted by and declared to be the International Residential Building Code of the city for the purpose of regulating the fabrication, erection, construction, enlargement, alteration, repair, location, use and remodeling of detached one- and two-family dwellings, their appurtenances and accessory structures within the municipality or within the city building inspector's jurisdictional area as may hereafter be established and approved by the state of Montana and adopted by the city. One full printed copy of the code shall be available in the offices of the city. The International Residential Building Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as "International Residential Building Code" of the city. 14.16.020 - Updated References The International Residential Building Code described in Section 14.16.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by Section 50-60-301 (1) (b), MCA. (Ord. 05-15 (part), 2005) Formatted: Table Normal1 Formatted: Table Normal1 82 (Admin. Order AO15-01,§ 2, 2-24-2015) Chapter 14.18 - INTERNATIONAL EXISTING BUILDING CODE, 2012 EDITION Sections: 14.18.010 -– Adoption. A. The City of Laurel hereby adopts by reference per Section 50-60-301 (1)(a), MCA the International Existing Building Code, 2018 Edition as provided by the Administrative Rules of Montana (ARM) 24.301.171 (1) through (4), as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau.The International Existing Building Code, 2012 Edition, is adopted by and declared to be the building conservation code of the city. B. One full printed copy of the code shall be available in the offices of the city. The International Existing Building Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "International Existing Building Code" of the city. 14.18.020 - Updated References The International Existing Building Code described in Section 14.18.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by Section 50-60-301 (1) (b), MCA. (Ord. 05-15 (part), 2005) (Admin. Order AO15-01, § 3, 2-24-2015) Chapter 14.20 - UNIFORM PLUMBING CODE Sections: 14.20.010 - Adoption. A. The Uniform Plumbing Code, 2012 Edition, is adopted by and declared to be the plumbing code of the city for the purpose of regulating the installation, alteration or repair of plumbing and drainage systems, and the inspection thereof. B. One full printed copy of the code shall be available in the offices of the city. The Uniform Plumbing Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all intents and purposes, as though set forth herein at length. It shall be known and designated as the "Uniform Plumbing Code" of the city. (Ord. 05-15 (part), 2005) (Admin. Order AO15-01, § 4, 2-24-2015) Chapter 14.22 - INTERNATIONAL ENERGY CONSERVATION CODE Sections: 14.22.010 - Adoption. A. The International Energy Conservation Code, 2012 Edition, is adopted by and declared to be the energy conservation code of the city for the purpose of providing minimum requirements for the design of new buildings and structures and additions to existing buildings, regulating their exterior envelopes and selection of their heating, ventilating, air conditioning, service water heating, electrical distribution and illuminating systems, and equipment for effective use of energy. B. One full printed copy of the code shall be available in the offices of the city. The International Energy Conservation Code, 2012 Edition, is adopted by reference and made a part of this chapter as fully, and for all Formatted: Table Normal1 83 intents and purposes, as though set forth herein at length. It shall be known and designated as the "Energy Conservation Code" of the city. (Ord. 07-04, 2007) (Admin. Order, § 5, 2-24-2015) 14.22.020 - Updated References The International Energy Conservation Code described in Section 14.22.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by Section 50-60-301 (1) (b), MCA. Chapter 14.23 – International Swimming Pool and Spa Code, 2018 Edition Sections: 14.23.010 – Adoption. A. The City of Laurel hereby adopts by reference pursuant to MCA Section 50-60-301 (1)(a), MCA and Administrative Rules of Montana (ARM) 24.301.175 (2) the Swimming Pool and Spa Code, 2018 Edition as modified by the Administrative Rules of Montana (ARM) 24.301.175 (1) through (6), as required to be adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau. 14.23.020 – Updated References. The International Swimming Pool and Spa Code described in Section 14.23.010 of this Chapter may be amended by resolution or administrative order of the Mayor as authorized by MCA Section 50-60-301 (1) (b). Formatted: Space After: 0 pt, Line spacing: single Formatted: Normal Formatted: Font: 10 pt 84 Item Attachment Documents: 12. Resolution No. R20-01: A Resolution Adopting An Amendment To The Personnel Policy Manual For The City Of Laurel Requiring Pre-employment Background and Driving Records Checks For Potential Employees And Annual Driving Record Checks For City Employees. 85 R20-01 Adopt Amendment to the Personnel Policy Manual Vehicle Use Policy (Background Checks and Driving Record Checks) RESOLUTION NO. R20-01 A RESOLUTION ADOPTING AN AMENDMENT TO THE PERSONNEL POLICY MANUAL FOR THE CITY OF LAUREL REQUIRING PREEMPLOYMENT BACKGROUND CHECKS FOR POTENTIAL EMPLOYEES AND ANNUAL DRIVING RECORD CHECKS FOR CITY EMPLOYEES. WHEREAS, the City Council previously adopted a Personnel Policy Manual for the City of Laurel through Council Resolution R16-15; and WHEREAS, the Personnel Policy Manual requires updating from time to time when changes in circumstances require changes and modifications that are in the best interest of the City and its employees; and WHEREAS, after consultation with the City’s insurance coverage provider, the Mayor and Staff determined that the City’s Policy Manual had no provisions regarding pre-employment background checks for potential employees and no ongoing driving record checks for current and existing employees to ensure such employees can be covered by the City’s Policies of Insurance; and WHEREAS, in order to protect the City it is currently in the best interest to adopt the attached Policy as a supplement to the existing Vehicle Usage Policy contained in the existing Policy Manual for the City of Laurel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council hereby adopts the attached Policy entitled “Background and Motor Vehicle Record Checks” as a supplement to the existing Vehicle Usage Policy contained in the City of Laurel Personnel Policy Manual. Introduced at a regular meeting of the City Council on January 14, 2020, by Council Member ______________________. PASSED and APPROVED by the City Council of the City of Laurel this 14 th day of January 2020. APPROVED by the Mayor this 14th day of January 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: ________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 86 CITY OF LAUREL MONTANA City Personnel Policy Manual Policy Name: Background and Motor Vehicle Record Checks A supplement to the Vehicle Usage Policy contained in the Personnel Policy Manual for the City of Laurel Document Name: HR_Background and Motor Vehicle Record Checks_2019.07.01 Page 1 of 3 Effective Date: 07/01/2019 Date Revised: Review Term: Annual POLICY STATEMENT: This policy is an addition to the currently adopted Vehicle Usage policy contained in the City’s Personnel Policy Manual and applies to all Employee Classifications listed in the City Personnel Policy Manual. The policy applies to all city employees except employees subject to a Collective Bargaining Agreement (“CBA”). If there is a conflict between this policy and a CBA, the CBA shall control for those employees employed pursuant to a CBA. It is the policy of the City of Laurel Montana to conduct background checks and motor vehicle record checks for city employees in accordance with this policy. PURPOSE: This policy establishes the requirements for conducting background checks and motor vehicle record checks prior to employment with the City of Laurel Montana and the type of convictions that would typically bar an applicant from employment with the City of Laurel Montana. This policy also establishes the requirements for allowance of continued driving on behalf of the City of Laurel Montana. SCOPE: Top candidates for all City of Laurel Montana positions will have a criminal background check and motor vehicle record check conducted prior to a formal offer of employment is made. All City of Laurel Montana employees will be subject to an annual motor vehicle record check by the City of Laurel Montana vehicle liability insurance carrier. (See CBA exception above) Background Checks The following criminal convictions would typically bar a candidate from employment with the City of Laurel Montana. Each candidate will be considered on a case by case basis. The amount of time passed since the conviction, specifics around the conviction and any patterns of behavior may be taken into consideration. Position Conviction All positions listed in the Personnel Policy Manual Violent or Sexual Offender; insurance fraud; identity theft 87 CITY OF LAUREL MONTANA City Personnel Policy Manual Policy Name: Background and Motor Vehicle Record Checks A supplement to the Vehicle Usage Policy contained in the Personnel Policy Manual for the City of Laurel Document Name: HR_Background and Motor Vehicle Record Checks_2019.07.01 Page 2 of 3 Effective Date: 07/01/2019 Date Revised: Review Term: Annual Finance department and claims positions Crimes involving embezzlement or theft Motor Vehicle Record Checks Pre-Employment Checks The City of Laurel Montana vehicle liability insurance carrier will conduct pre-hire motor vehicle record checks on all top candidates. Such checks will determine whether a candidate is insurable by the city’s carrier. In the event the carrier determines the risk is too high to cover the candidate, the follow action will be taken: 1) If the position requires driving as part of the essential duties, the candidate will not be hired. 2) If the position does NOT require driving as part of the essential duties, the candidate may be offered employment and arrangements for non-essential driving (such as conference attendance, mail and bank runs) may be made. Annual Checks The City of Laurel Montana vehicle liability insurance carrier will conduct annual motor vehicle record checks on all City of Laurel Montana employees who utilize or operate a City Vehicle. Such checks will determine whether an employee is insurable by the carrier. In the event the carrier determines the risk is too high to cover an employee, the follow action will be taken: 88 CITY OF LAUREL MONTANA City Personnel Policy Manual Policy Name: Background and Motor Vehicle Record Checks A supplement to the Vehicle Usage Policy contained in the Personnel Policy Manual for the City of Laurel Document Name: HR_Background and Motor Vehicle Record Checks_2019.07.01 Page 3 of 3 Effective Date: 07/01/2019 Date Revised: Review Term: Annual 1) If the employee is in a position requiring driving as part of the essential duties, they will no longer be able to drive on behalf of the City of Laurel Montana. Under these circumstances, the employee may no longer be qualified to hold his/her current position. 2) If the employee is in a position that does NOT require driving as part of the essential duties, he/she will be instructed to no longer drive on behalf of the City of Laurel Montana and arrangements for non-essential driving (such as conference attendance, mail and bank runs) will be made. Pursuant to the City of Laurel travel policy, employees are still required to report all moving violations or accidents that occur while performing work on behalf of the City of Laurel Montana. 89 Item Attachment Documents: 13. Resolution No. R20-02: A Resolution Authorizing The Mayor To Execute A Contract For The City’s Prosecutor Duties Between The City Of Laurel And Thompson Painter Law, PC. 90 R20-02 City Prosecutor Contract RESOLUTION NO. R20-02 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CITY’S PROSECUTOR DUTIES BETWEEN THE CITY OF LAUREL AND THOMPSON PAINTER LAW, PC. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The contract negotiated between the City of Laurel and Thompson Painter Law, PC for the City Prosecutor duties is accepted and hereby approved. A copy is attached hereto for convenience. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute said agreement on behalf of the City. Section 3: Effective date. The effective date for the attached contract is hereby approved effective January 1, 2020. Introduced at a regular meeting of the City Council on January 14, 2020, by Council Member ______________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 14th day of January 2020. APPROVED by the Mayor this 14th day of January 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: ___________________________________ Bethany Langve, City Clerk/Treasurer Approved as to form: ___________________________________ Sam S. Painter, Civil City Attorney 91 1 ATTORNEY CONTRACT THIS AGREEMENT, made and entered into by and between the City of Laurel, hereinafter referred to as Client, and Thompson Painter Law, PC hereinafter referred to as “Attorney.” ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorney to exercise the criminal prosecutorial duties of the City Attorney for Client, which includes the provision of prosecution services for Client for matters assigned and directed by Client. Client’s Mayor shall be the primar y contact for Attorney and shall assign and direct the Attorneys’ provision of criminal prosecution services in city court as well as all subsequent appeals. Attorney agrees to provide his/her own office, staff and equipment at no additional charge to Client. Client agrees to provide on-site workspace for Attorney immediately prior to and during any required court appearances. Client also agrees to provide copy paper upon request for services under this contract. Attorney agrees to spend a minimum of two (2) hours per week at Laurel City Hall in order to meet with pro se criminal defendants living in the Laurel area. FEES: For services performed for Client by Attorney, Client agrees to pay Attorney the flat rate of $5,600.00 for services performed for Client by Attorneys from January 1, 2020 to December 31, 2020. In addition to the fees provided above, Client agrees to reimburse Attorneys for costs incurred during the course of representation. Attorney agrees to provide Client an invoice each and every month itemizing services rendered and costs incurred each and every month. Client agrees to pay Attorney each and every month for services rendered and costs incurred. Client understands that Attorney billing schedule is monthly. COSTS: Costs are defined as all filing fees, court costs, subpoena costs, certified driving records for defendants, mail costs, copies of video-taped or DVD evidence, depositions, court report charges, expert witness fees, expert reports, witness statements, and travel expenses except as set forth herein, and any other disbursements or expenses incurred by Attorneys while representing Client. Photocopies shall be reimbursed at $.05 per page. These costs may be billed monthly by Attorneys and, if unpaid, shall bear interest at the rate of one percent (1%) per month. Travel costs beyond local travel shall be undertaken only upon Client’s request. Client shall reimburse Attorney his/her actual costs of travel (other than local) and pay per diem at rates established by the State of Montana. DURATION: This contract shall immediately commence on January 1, 2020 and continue until December 31, 2020. Attorney agrees to assist with the transition when a new Prosecutor is contracted. MODIFICATION AND TERMINATION: This contact or any provision thereof may be modified at any time upon mutual consent expressed in a mutually signed writing. The contract may be terminated at any time by either party without cause. 92 2 DATED this day of , 2020. CITY OF LAUREL ________________________________ Thomas Nelson, Mayor ATTEST. __________________________________ Bethany Langve, Clerk/Treasurer ATTORNEY: ____________________________________ Sam S. Painter, Thompson Painter Law, PC 93