HomeMy WebLinkAboutCity Council Minutes 04.14.2020 (2)
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, APRIL 14, 2020
6:30 PM
CITY COUNCIL CHAMBERS
NEXT RES. NO.
R20-19
NEXT ORD. NO.
O20-02
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 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 March 24, 2020.
Correspondence
2. Resignation of Tony Krumheuer from the Police Commission.
Council Disclosure of Ex Parte Communications
Public Hearing
3. Vacating The Alley Located Between Lots 14-18 Of Block 4 Of Hageman Subdivision And
Lots 1-5 Of Block 4 Of Hageman Subdivision 1st Filing Within The City Of Laurel.
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 2020.
5. Approval of Payroll Register for PPE 3/22/2020 totaling$190,913.95.
6. Approval of Payroll Register for PPE 4/5/2020 totaling $199,986.56.
7. Approval of Workshop Minutes of March 3, 2020.
8. Approval of Workshop Minutes of March 17, 2020.
Ceremonial Calendar
Reports of Boards and Commissions
9. Budget/Finance Committee minutes of March 24, 2020.
Park Board minutes of February 6, 2020.
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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
10. Resolution No. R20-19: A Resolution Of The City Council Vacating The Alley Located
Between Lots 14-18 Of Block 4 Of Hageman Subdivision And Lots 1-5 Of Block 4 Of
Hageman Subdivision 1st Filing Within The City Of Laurel.
11. Resolution No. R20-20: A Resolution Approving A Task Order Between The City Of Laurel
And The Department Of Justice Natural Resource Damage Program (“NRDP”) For
Construction Of A Campground At Riverside Park.
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 communit y
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
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Item Attachment Documents:
1. Approval of Minutes of March 24, 2020.
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2. Resignation of Tony Krumheuer from the Police Commission.
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7. Approval of Workshop Minutes of March 3, 2020.
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8. Approval of Workshop Minutes of March 17, 2020.
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9. Budget/Finance Committee minutes of March 24, 2020.
Park Board minutes of February 6, 2020.
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Item Attachment Documents:
10. Resolution No. R20-19: A Resolution Of The City Council Vacating The Alley Located
Between Lots 14-18 Of Block 4 Of Hageman Subdivision And Lots 1-5 Of Block 4 Of
Hageman Subdivision 1st Filing Within The City Of Laurel.
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R20-19 Vacate Alley – Lots 14-18 of Block 4 of Hageman Subdivision and Lots 1-5 of Block 5 of Hageman
Subdivision 1st Filing
RESOLUTION NO. R20-19
A RESOLUTION OF THE CITY COUNCIL VACATING THE ALLEY LOCATED
BETWEEN LOTS 14-18 OF BLOCK 4 OF HAGEMAN SUBDIVISION AND LOTS 1-5
OF BLOCK 4 OF HAGEMAN SUBDIVISION 1ST FILING WITHIN THE CITY OF
LAUREL.
WHEREAS, the owner of the above properties petitioned the city to vacate the alley that
splits his/her property in order to create one contiguous piece of property; and
WHEREAS, vacating the alley provides a more effective and orderly development of the
area and vacating the alley is supported and recommended by the City Planning Director; and
WHEREAS, the City of Laurel published notice of the City’s intent to act on the application
at its March 24, 2020 council meeting as required by MCA § 7-14-4114; and
WHEREAS, pursuant to MCA § 7-14-4114, notice stating the applicant’s request and date
and time at which the Council will consider the application was published in the Yellowstone
County News on April 3, 2020; and April 10, 2020.
WHEREAS, it has been determined by the City Council of the City of Laurel that it is in
the best interest of the City of Laurel and the inhabitants thereof that said alley be vacated and no
detriment to the public will result from vacation of the alley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana:
1. That the alley located between Lots 14-18 of Block 4 of Hageman Subdivision and Lots 1-
5 of Block 4 of Hageman Subdivision 1st Filing, within the City of Laurel, is hereby
vacated, subject to the following condition of approval:
a) Applicant shall provide access to any existing public or private infrastructures and
utilities currently installed and existing on the alley in perpetuity.
b) Applicant will provide the Yellowstone County Clerk and Recorder with a lot line
aggregation by deed for the lot line separating parcels B00453, B00453A and B00451.
2. That ½ of each side of the vacated alley shall be returned and/or conveyed to the adjacent
property owner pursuant to MCA § 76-3-305.
3. That this Resolution shall become immediately effective upon adoption by the City Council
and the City Clerk shall file a copy of this Resolution with the County Clerk and Recorder’s
office.
Introduced at a regular meeting of the City Council on April 14, 2020, by Council Member
______________________.
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R20-19 Vacate Alley – Lots 14-18 of Block 4 of Hageman Subdivision and Lots 1-5 of Block 5 of Hageman
Subdivision 1st Filing
PASSED and APPROVED by the City Council of the City of Laurel, Montana,
This 14th day of April 2020.
APPROVED by the Mayor this 14th day of April 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
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CITY HALL
115 W. 1ST ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the Director of
Public Works
March 13, 2020
Nick Altonaga, City Planner
RE: Vacation of Certain Lands between lots 14-18 of Block 4 of Hageman Subdivision and lots 1-5 of
Block 4 of Hageman Subdivision 1St Filing.
The City of Laurel has no known infrastructure in the alley between lots 14-18 and lots 1-5 of
Hageman Subdivision 1St Filing. All unknown public or private infrastructure currently in place
shall be continued into perpetuity. The owner of said lots must allow for the removal of solid
waste from their property and in a location mutually agree upon.
I have attached a map that can be used for the exhibit and a map of the City’s Water, Sewer, and
Storm Water facilities in the area.
Sincerely,
Kurt Markegard
Public Works Director
Attachments: Exhibit Map
Utility Map
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CITY HALL
115 W. 1ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
March, 13, 2020
Regarding the Vacation of Certain Lands between Lots 14-18 of Block 4 of Hageman Subdivision and
Lots 1-5 of Block 5 of Hageman Subdivision 1st Filing.
Mayor Nelson and City Council,
The Planning Department supports the abandonment of the alleyway between Lots 14-18 of Block 4 of
the Hageman Subdivision and Lots 1-5 of Block 5 of the Hageman Subdivision 1st Filing. The existing
alleyway is surrounded by a single property owner and its abandonment will create a contiguous set of
parcels that will allow more effective development. The Community Entryway Zoning District mandates
continuous curbing around the perimeter of a parcel within the overlay district. If not abandoned, a
continuous curb around the alleyway would block internal and external connectivity and restrict traffic
flow for the currently planned development.
One requirement to place on the surrounding property owners is that access should be allowed to any
existing public or private infrastructure and utilities currently in place in perpetuity. The Planning
Department supports the abandonment of this alleyway because it will ease the burden of development
and will allow for proper internal site circulation and connectivity for the existing parcels.
Thank you for your consideration.
Nicholas Altonaga
Planning Director
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Item Attachment Documents:
11. Resolution No. R20-20: A Resolution Approving A Task Order Between The City Of Laurel
And The Department Of Justice Natural Resource Damage Program (“NRDP”) For
Construction Of A Campground At Riverside Park.
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R20-20 Approve Task Order for City of Laurel’s Riverside Park Campground construction City of Laurel and DOJ NRPD
RESOLUTION NO. R20-20
A RESOLUTION APPROVING A TASK ORDER BETWEEN THE CITY OF LAUREL
AND THE DEPARTMENT OF JUSTICE NATURAL RESOURCE DAMAGE
PROGRAM (“NRDP”) FOR CONSTRUCTION OF A CAMPGROUND AT RIVERSIDE
PARK.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Task Order and Attachments between the Parties is
attached hereto and incorporated herein as part of this resolution, and are accepted and hereby
approved by the City Council.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel
are hereby given authority to accept and execute the attached Task Order and Attachments on
behalf of the City.
Section 3: Effective date. The effective date for the Task Order is upon adoption and
approval of this resolution.
Introduced at a regular meeting of the City Council on April 14, 2020, by Council Member
____.
PASSED and APPROVED by the City Council of the City of Laurel this 14th day of April
2020.
APPROVED by the Mayor this 14th day of April 2020.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
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Contract 700122
Task Order 3
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Page 1 of 6
TASK ORDER 3
City of Laurel Riverside Park Campground Construction
This Task Order is entered into between the Department of Justice, Natural Resource Damage
Program (NRDP) and the City of Laurel (Contractor), as authorized by NRDP Contract No.
700122 (Agreement).
1. PURPOSE
The purpose of this Task Order is to outline the tasks necessary for the Contractor to construct a
campground at Riverside Park.
A Scope of Work is detailed further in Attachment A. Any changes to Scope of Work tasks require
written approval of the NRDP Project Manager.
2. EFFECTIVE DATE AND PERIOD OF PERFORMANCE
This Task Order will take effect upon the signature of both parties and terminate on March 31,
2021, unless terminated earlier in accordance with the terms of this Task Order.
3. COMPENSATION
In consideration for the services to be provided, the NRDP will pay Contractor an amount not to
exceed $288,850, as estimated in Attachment B, Budget for this Task Order. Contractor will
submit monthly invoices conforming to Agreement requirements, as well as Contractor’s name,
address, and Agreement and Task Order numbers, to NRDP for costs actually incurred, unless no
work was performed during the billing period. Invoices of subcontractors will be submitted
without mark-up by Contractor. Progress reports will be submitted with all invoices (including
subcontractor invoices) that clearly identify the work performed, including hours, dates and
personnel. Contractor must not exceed the costs specified in this section without prior written
authorization in the form of a fully executed task order modification. NRDP has thirty (30) days
to pay invoices, as allowed by 17-8-242, MCA. Contractor will submit invoices to the Natural
Resource Damage Program, P.O. Box 201425, Helena, MT 59620-1425, or by email to
DOJNRDPInvoice@mt.gov.
4. SUBCONTRACTING
Contractor will procure a licensed construction contractor for the work in accordance with the
terms of Title 18, Chapter 2, MCA, and other applicable procurement laws and regulations for
public works.
NRDP must pre-approve in writing of any services to be performed by a subcontractor or any
supplies to be procured by Contractor. Contractor is responsible for the acts and omissions of all
subcontractors or agents and of persons directly or indirectly employed by such subcontractors,
67
Contract 700122
Task Order 3
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Page 2 of 6
and for the acts and omissions of persons employed directly by Contractor. All Contractor
procurement of subcontractors and supplies must comply with applicable Montana procurement
laws and regulations. Prior to obtaining any subcontracted services or supplies in the amount of
$5,000 or more, Contractor must obtain NRDP’s written approval of the procurement method,
subcontractor, subcontract, the subcontract price, the subcontractor agreement, and, as
applicable, labor rates, overhead rates and any subcontractor fee. Contractor will use an NRDP-
provided template or form for the procurement if requested. Contractor must submit
documentation of the NRDP-approved procurement with the invoice that includes subcontractor
costs or supplies. NRDP may require documentation of publication of the procurement and
submittal of forms, as applicable.
5.PROJECT MANAGERS AND SERVICE OF NOTICES
A.The Project Manager identified below will manage the day-to-day project activities on
behalf of the NRDP.
The Project Manager for this Task Order is:
Alicia Stickney
1720 9th Ave
Helena, MT 59601
Phone: (406) 444-1346
E-mail: aliciastickney@mt.gov
B.The Contractor Project Managers identified below will manage the day-to-day project
activities on behalf of the Contractor.
The Contractor Project Managers for this Task Order are:
Kurt Markegard
City of Laurel
P.O. Box 10
Laurel, MT 59044
Phone: (406) 860-5785
E-mail: kmarkegard@laurel.mt.gov
Matt Wheeler
City of Laurel
P.O. Box 10
Laurel, MT 59044
Phone: (406) 208-1885
E-mail: mwheeler@laurel.mt.gov
C.Written notices, reports, and other information required to be exchanged between the
parties must be directed to the respective Project Managers.
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Contract 700122
Task Order 3
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Page 3 of 6
6. EXECUTION.
The parties through their authorized agents have executed this Task Order on the dates set out
below.
STATE OF MONTANA
DEPARTMENT OF JUSTICE
NATURAL RESOURCE DAMAGE PROGRAM
______________________________________________________________________________
Harley Harris Date
Program Manager
1720 9th Avenue
PO Box 201425
Helena, MT 59620
Approved for legal content by:
______________________________________________________________________________
Thad Adkins Date
NRDP Legal Counsel
CITY OF LAUREL
_____________________________________________________________________________
Thomas C. Nelson Date
Mayor
P.O. Box 10
Laurel, MT 59044
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Contract 700122
Task Order 3
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Page 4 of 6
ATTACHMENT A
SCOPE OF WORK
City of Laurel Riverside Park Campground Construction
BACKGROUND
The City of Laurel (Contractor) proposed to construct a campground at Riverside Park as part of
the preparation of the recreation project priority plan. The Recreation Project Priority Plan was
completed as part of the implementation of the Final Programmatic Damage Assessment and
Restoration Plan and Final Programmatic Environmental Assessment for the ExxonMobil
Pipeline Company July 1, 2011 Yellowstone River Oil Spill prepared by the U.S. Department of
the Interior, through the Bureau of Land Management and U.S. Fish and Wildlife Service, and
the State of Montana through the Department of Justice Natural Resource Damage Program
(NRDP). The priority plan identifies preferred recreation projects and funding amounts to meet
the restoration plan goal of providing additional recreational human use opportunities to offset
those lost due to the July 1, 2011 ExxonMobil Pipeline Company Yellowstone River Oil Spill.
These projects were approved by Governor Bullock on May 30, 2018 as part of the Yellowstone
River Recreation Project Priority Plan. The purpose of this Task Order is to make the approved
funds available to the City of Laurel in accordance with plan requirements.
TASKS
Contractor will perform the following tasks:
Task 1: Construct Campground
The Contractor will procure a construction contractor following state procure requirements and,
where applicable and not contradictory to state requirements, City of Laurel procurement
requirements and policies, to construct a campground according to the plans and specifications in
the project manual for the Riverside Park Campground. The project manual was prepared in
March 2020 by KLJ, Inc., and is incorporated herein by reference. Contractor will only invoice
NRDP for eligible items that were approved in the Yellowstone River Recreation Project Priority
Plan. Contractor will provide a copy of the construction completion report to NRDP upon project
completion.
Task 2: Administration and Task Order Management
The Contractor will prepare and provide NRDP with progress reports based on the above tasks
and submit detailed invoices according to these tasks.
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Contract 700122
Task Order 3
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Page 5 of 6
SCHEDULE AND DELIVERABLES
Contractor will provide deliverables to NRDP according to the following schedule:
1. Task 1: One electronic copy of the construction completion report and construction
record drawings on or before December 31, 2020.
2. Task 2: One (1) electronic copy of each Progress Report due with each invoice.
BUDGET
The project budget is in Attachment B.
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Contract 700122
Task Order 3
Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP
Page 6 of 6
ATTACHMENT B
BUDGET
Cost Estimate of Project Components
Budget Item NRDP Funding Other Funding Total Funding
Construct Campground $288,850 $34,691 $323,541
Total $288,850 $34,691 $323,541
Preliminary cost estimates for eligible campground development components were: sanitation
facilities ($92,000), campground ($198,720), picnic facilities ($139,200), parking improvements
($30,000), a 5,500 linear foot trail ($31,000), tree and shrub plantings ($9,000), and lighting
($76,000) for a total of $575,920. The City of Laurel may use match funds for the water line and
electric hookups for the campground. The City of Laurel has approximately $150,000 of match
funding to put to campground future costs. Other funding described above is not paid by NRDP.
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