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Home My WebLink AboutCity Council Packet 05.12.2020 (2) AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, MAY 12, 2020 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R20-25 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 April 28, 2020. Correspondence 2. Laurel Airport Authority Minutes of February 24, 2020. 3. STIP Correspondence 2020-2024. 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 entered through 4/10/2020, 4/24/2020, 5/8/2020. 5. Clerk/Treasurer Financial Statements for the month of February 2020. 6. Clerk/Treasurer Financial Statements for the month of March 2020. 7. Approval of Payroll Register for PPE 3/22/2020 totaling$190,913.95. 8. Approval of Payroll Register for PPE 4/5/2020 totaling $199,986.56. 9. Approval of Payroll Register for PPE 4/19/2020 totaling $217,219.28. 10. Approval of Payroll Register for PPE 5/3/2020 totaling $206,123.59. 11. Approval of Workshop Minutes of April 21, 2020. Ceremonial Calendar Reports of Boards and Commissions 1 12. Budget/Finance Committee minutes of April 28, 2020. 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. T he 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 13. Appointment to Police Commission for a term ending April 30, 2023. Bill Mountsier Rick Musson 14. Appointment of Amber Beck to the Laurel Volunteer Ambulance Service. 15. Resolution No. R20-25: A Resolution Of The City Council Authorizing The Disposal Of City Records. 16. Resolution No. R20-26: A Resolution Of The City Council Authorizing The Disposal Of City Records. 17. Resolution No. R20-27: Resolution Approving Change Order #1 To The City’s Contract With Hardrives Construction, Inc. Authorizing Additional Work For City Of Laurel’s 2020 Pavement Maintenance Project And To Authorize The Mayor To Sign Change Order Documents On The City’s Behalf. 18. Ordinance No. O20-02: An Ordinance Amending Title 2 Chapter 2.60 Of The Laurel Municipal Code Relating To The City’s Police And Police Commission. 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 2 Item Attachment Documents: 1. Approval of Minutes of April 28, 2020. 3 4 5 6 Item Attachment Documents: 2. Laurel Airport Authority Minutes of February 24, 2020. 7 MINUTES LAUREL AIRPORT AUTHORITY BOARD MEETING Tuesday, February 24, 2020 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 ☐ Jim Swensgard ☐ Will Metz OTHERS PRESENT: Craig Canfield 1.General Items a.Previous minutes approved by unanimous consent b.Regular occurring claims were approved. 2.Reports from Craig Canfield of KLJ a.Plans & Specs for pavement maintenance project almost done. Planning to open bids on March 26th b.We need to release MDT grant for Taxiway B reconstruction since we will not be doing that project for a couple more years. Motion made to send letter drafted by Craig, passed without dissent. 3.New Business a.MT Aviation Conference. Randy planning to attend. b.Nottingham T-Hangar Condos. Motion made by Will to ask them to amend their declarations and/or include a covenant in 8 perpetuity when they sell any unit to require the owner to follow the airport lease, rules and regulations. Also to amend their lease to state that their members must be bound by the lease and airport rules. Motion passed. i.Randy to discuss with them and also remind them of requirements for gutters downspouts. 4.Old Business a.FBO. Deal still moving forward, hoping to close on February 28. Fuel is in tank and pump is working except credit card reader is still out of service. b.Snow Plow: replacement plastic arrived but is flat instead of curved. Motion to send back to manufacturer passed without dissent. c.John Deere Tractor: There is a party interested in purchasing. We will defer until spring and see if we can get it running before deciding what to do with it. d.Aircraft lifting jib: Motion to approve purchase of a jib to allow lifting a disabled aircraft passed without dissent. Estimated cost is $1800. 5.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 received 6.Other Items none 7.Announcements a.none The meeting was adjourned at 20:30. Respectfully submitted, 2 9 Brock Williams Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 3 10 Item Attachment Documents: 3. STIP Correspondence 2020-2024. 11 1 2 Item Attachment Documents: 11. Approval of Workshop Minutes of April 21, 2020. 13 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 Item Attachment Documents: 12. Budget/Finance Committee minutes of April 28, 2020. 39 Minutes of City of Laurel Budget/Finance Committee Tuesday, April 28, 2020 Members Present: Emelie Eaton Richard Klose Scot Stokes Others Present: Mayor Nelson Bethany Langve The Meeting was called to order by Chair Eaton at 5:02 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 March 24, 2020 meeting. Richard Klose made a motion to approve the minutes of the March 24, 2020 Budget and Finance Committee meeting. Scot Stokes seconded the motion to approve the March 24, 2020 Budget and Finance Committee meeting minutes, all in favor, motion passed. • Review and approve purchase requisition – The Committee was presented with a purchase requisition from the solid waste department for the annual purchase of 50 300-gallon trash cans with lids. The total amount of the purchase requisition is $15,369.78. The only comment from the Committee was that these trash cans are expensive. Richard Klose made a motion to approve the purchase requisition from the Solid Waste Department for the purchase of 50 300-gallon trash cans with lids. Scot Stokes seconded the motion to approve the purchase requisition from the Solid Waste Department for the purchase of 50 300-gallon trash cans with lids, all in favor, motion passed. New Business – None Old Business – None Other Items • Clerk/Treasurer Update – The Clerk/Treasurer stated the Fiscal Year 2019 audit was complete and the audit results would be given to the Committee at the next in person meeting. • Update from the Mayor – The Mayor stated he is unsure how long we are going to need to conduct virtual meetings. He is trying to get opinions from MMIA, Montana League of Cities and Towns and the City Attorney. • The Committee discussed having the next meeting via Zoom, however changing the time back to 5:30pm. Bruce McGee made a motion to hold the next Budget and Finance Committee meeting at 5:30pm. Scot Stokes seconded the motion to hold the next Budget and Finance Committee meeting at 5:30pm, all in favor, motion passed. Announcements – • The next Budget and Finance Meeting will be held on Tuesday May 12, 2020 at 5:30pm • Bruce McGee will be reviewing claims for the next meeting • The meeting was adjourned at 5:14pm 40 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. 41 Item Attachment Documents: 13. Appointment to Police Commission for a term ending April 30, 2023. Bill Mountsier Rick Musson 42 4 3 4 4 4 5 Item Attachment Documents: 15. Resolution No. R20-25: A Resolution Of The City Council Authorizing The Disposal Of City Records. 46 R20-25 Disposal of City Records RESOLUTION NO. R20-25 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE DISPOSAL OF CITY RECORDS. WHEREAS, the City of Laurel City Council previously set the retention schedules for city records, as per Schedule 8 of the Montana State Local Government Records Committee, Municipal Records Schedule; and WHEREAS, certain city records constitute records that can be destroyed that are less than ten years old (RM88) and such records have been identified as ready for disposal as provided on the attached retention schedules; and WHEREAS, the adopted procedure to dispose of said records requires Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council of the City of Laurel has reviewed the attached listing of records for disposal, and hereby directs the Clerk/Treasurer to proceed with the disposal of said records. Introduced at a regular meeting of the City Council on May 12, 2020, by Council Member Sparks. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 12th day of May 2020. APPROVED by the Mayor this 12th day of May 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter Civil City Attorney 47 RECORDS DESTRUCTION DOCUMENT (RM88) NO. 1 PAGE 1 OF 2 PAGES 1. AGENCY NAME AND DIVISION/PROGRAM: CITY OF LAUREL 2. AGENCY CONTACT: NAME: BETHANY LANGVE PHONE #: 406-628-7431 EXT2 EMAIL:CITYCLERK@LAUREL.MT.GOV 3. NOTICE OF INTENTION: The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one). Delete Incinerate Shred as Classified Toss without Restriction Other: Explain 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or imminent. Documentation attached from Historical Society. SIGNATURE: NAME AND TITLE: BETHANY LANGVE, CLERK/TREASURER DATE: 05/12/2020 5. LIST OF RECORD SERIES NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed. a. Retention Schedule Number b. Item number listed on Retention Schedule c. Record Series Title d. Retention in months/years e. Inclusive Dates f. Volume in Cubic Feet g. Disposition Action and Date completed after Authorization RM8 3 PG 52 RM-8 ITEM 3: 1099'S 4 YEARS 2009- 2014 0.25 RM8 1 PG 45 RM-8 ITEM 1: BANK STATEMENTS 5 YEARS 2011- 2012 1 RM8 4 PG 54 RM-8 ITEM 4: MONTHLY TAX DISTRIBUTIONS 5 YEARS 2010 1 RM8 13 PG 77 RM-8 ITEM 13: PAYROLL QUARTERLY REPORTS (CONFIDENTIAL) 4 YEARS 2010- 2015 1 RM8 4 PG 54 RM-8 ITEM 4: MONTHLY TAX DISTRIBUTIONS 5 YEARS 2011- 2013 1 RM8 4 PG 45 RM-8 ITEM 4: DAILY CASH RECONCILIATION WATER OFFICE 5 YEARS 2011- 2012 1 RM8 7 PG 10 RM-8 ITEM 7: DOG LICENSES 3 YEARS 2015- 2017 0.25 RM8 4 PG 45 RM-8 ITEM 4: DAILY CASH RECONCILIATION WATER OFFICE 5 YEARS 2013- 2015 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. Custodian/Records Manager Name: Date: Signature: 7. DISPOSAL CERTIFICATE: The above listed records have been disposed of in the manner and on the date shown in column g. Name and Title: Signature: 48 5. LIST OF RECORD SERIES-CONTINUED NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed. a. Retention Schedule Number b. Item number listed on Retention Schedule c. Record Series Title d. Retention in months/years e. Inclusive Dates f. Volume in Cubic Feet g. Disposition Action and Date completed after Authorization RM8 4 PG 45 RM-8 ITEM 4: DAILY CASH RECONCILIATION WATER OFFICE 5 YEARS 2013- 2014 0.5 RM8 5 PG 46 RM-8 ITEM 5: PURCHASE ORDER BOOK 5 YEARS 2010- 2013 0.5 RM8 1 PG 48 RM-8 ITEM1: A/R ACTIVITY REPORT AMBULANCE (CONFIDENTIAL) 5 YEARS 2010- 2015 1 49 50 Item Attachment Documents: 16. Resolution No. R20-26: A Resolution Of The City Council Authorizing The Disposal Of City Records. 51 R20-26 Disposal of City Records RESOLUTION NO. R20-26 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE DISPOSAL OF CITY RECORDS. WHEREAS, the City of Laurel City Council previously set the retention schedules for city records, as per Schedule 8 of the Montana State Local Government Records Committee, Municipal Records Schedule; and WHEREAS, certain city records constitute records that can be destroyed that are over ten years old (RM60) and such records have been identified as ready for disposal as provided on the attached retention schedules; and WHEREAS, the adopted procedure to dispose of said records requires Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City Council of the City of Laurel has reviewed the attached listing of records for disposal, and hereby directs the Clerk/Treasurer to proceed with the disposal of said records. Introduced at a regular meeting of the City Council on May 12, 2020, by Council Member Herr. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 12th day of May 2020. APPROVED by the Mayor this 12th day of May 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: _______________________________ Sam Painter Civil City Attorney 52 Request for Records Disposal or Transfer Authorization RM60 E-MAIL COMPLETED FORM TO: SOSLocalGovtRecCom@mt.gov OR Mail to the Local Government Records Committee, c/o Department of Administration-Local Government Services, P.O. Box 200547, Helena, MT 59620-0547 *Confidential: The local government entity must determine if records are confidential or sensitive and mark accordingly. ENTITY: PHONE: E-MAIL: CONTACT: ADDRESS: DISPOSAL NUMBER: Sc h e d u l e # I t e m # Pa g e # Description of Records (Include description from schedule along with the case # or other identifying information pertinent to your office) Inclusive Dates MONTH AND YEAR Co n f i d e n t i a l * 10 Y e a r R u l e Disposal Approval (Committee only) Agency Comments Audit History or Committee Comments From To Yes No 4 4 Example: Bank Statements 10/2001 10/2002 X X 8 32 MR13 Example: Commission Records-Minutes 01/1950 10/1990 X X Microfilmed 12 41e Example: Marriage Licenses 08/1907 09/1972 X X CITY OF LAUREL BETHANY LANGVE 115 W 1ST ST LAUREL MT 59044 406-628-7431 EXT 2 CITYCLERK@LAUREL.MT.GOV 1 8 1 45 BANK STATEMENTS 01/2009 12/2010 8 13 77 QUARTERLY PAYROLL REPORTS 2005 2009 8 5 46 PURCHASE ORDER BOOK 2005 2009 8 4 45 A/R ACTIVITY REPORTS AMBULANCE DEPT.2001 2011 INCLUDE SSN HIPAA INFO 4 4 4 4 4 4 53 RM60 Rev 6 11/4/2015 In accordance with 2-6-1202, 7-5-2132, 7-5-4124 and 20-1-212 and upon the order of the governing body, we the undersigned affirm the records listed on this disposal request are not subject to any litigation, legal or regulatory hold, and any financial records listed have been audited. See Notification on Central Registry (Ten Year Rule) below. Typed name below is acceptable as the signature. Authorized Local Government Representative: Name: Title: Date: Phone: Records Custodian: Name: Title: Date: Phone: LOCAL GOVERNMENT SUBCOMMITTEE SIGNATURES REQUIRED FOR DISPOSAL APPROVAL Department of Administration Committee Member: Name: Signature: Date: Montana Historical Society Committee Member: Name: Signature: Date: Local Government Committee Member: Name: Signature: Date: NOTIFICATION ON CENTRAL REGISTRY Per MCA 2-6-1205, public records listed on this form that more than ten (10) years old and are approved for disposal may not be destroyed until they have been listed on a central registry and offered to various agencies and the public for 60 days. Request for Records Disposal or Transfer Authorization have been listed on the central registry. Completed by Name: Signature: Unclaimed records may be disposed 60 days after this date: TEN YEAR RULE: Public records more than ten (10) years old approved for destruction may not be destroyed for 60 days after the date listed on the central registry. Certificate of Transfer/Destruction/Disposition Comments I hereby attest that I have destroyed, transferred or retained records as designated by the Local Government Subcommittee. If transferred, I have noted in the “Comments” field above, the entity to which the records have been relocated. Name: Title: Date: Signature: MAYOR 05/12/2020 CLERK/TREASURER 05/12/2020 406-628-7431 EXT 2 THOMAS C NELSON 406-628-8456 EXT 1 BETHANY LANGVE 54 Item Attachment Documents: 17. Resolution No. R20-27: Resolution Approving Change Order #1 To The City’s Contract With Hardrives Construction, Inc. Authorizing Additional Work For City Of Laurel’s 2020 Pavement Maintenance Project And To Authorize The Mayor To Sign Change Order Documents On The City’s Behalf. 55 R20-27 Change Order 2020 Pavement Maintenance Project Hardrives Construction, Inc. RESOLUTION NO. R20-27 RESOLUTION APPROVING CHANGE ORDER #1 TO THE CITY’S CONTRACT WITH HARDRIVES CONSTRUCTION, INC. AUTHORIZING ADDITIONAL WORK FOR CITY OF LAUREL’S 2020 PAVEMENT MAINTENANCE PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN CHANGE ORDER DOCUMENTS ON THE CITY’S BEHALF. WHEREAS, the City of Laurel previously entered into a contract with Hardrives Construction, Inc. for completion of the project known as the 2020 Pavement Maintenance Project; and WHEREAS, the contract that was awarded was significantly less than the City’s available budget, thus enabling the City to add additional work to the project while remaining within budget; and WHEREAS, the City’s Engineers, KLJ, prepared the attached Change Order for the City Council’s consideration and approval which details the additional work to be performed and the additional cost; and WHEREAS, City Staff recommends approval of the Change Order since it is in the best interest of the City to obtain the additional needed work while remaining within the original budget. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, the Change Order, attached hereto and incorporated herein, is hereby approved, and the Mayor and City Clerk are authorized to execute the Change Order and any further documents required to effectuate the Change Order on the City’s behalf. Introduced at a regular meeting of the City Council on May 12, 2020, by Council Member ________________________. PASSED and APPROVED by the City Council of the City of Laurel this 12th day of May 2020 APPROVED by the Mayor this 12th day of May 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 56 5 7 IT E M D E S C R I P T I O N Q T Y U N I T U N I T PR I C E T O T A L PRICE 10 1 M o b i l i z a t i o n 1 L S $ 8 , 4 0 0 . 0 0 $ 8 , 4 0 0 . 0 0 10 2 T a x e s , Bo n d s & In s u r a n c e 1 L S $ 2 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 10 3 C o n s t r u c t i o n Tr a f f i c Co n t r o l 1 L S $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 10 4 C r a c k ro u t e & Se a l 3 8 3 2 0 L F $ 1 . 0 0 $ 3 8 , 3 2 0 . 0 0 10 5 C H F R S ‐wP As p h a l t se a l & Ch i p Co a t ‐ 3/ 8 " Gr a d a t i o n 1 2 8 3 0 S Y $2 . 1 5 $ 2 7 , 5 8 4 . 5 0 10 6 S S ‐1 or SS ‐1h As p h a l t Ta c k Co a t Fo g Se a l 1 7 0 0 G A L $ 3 . 4 0 $ 5 , 7 8 0 . 0 0 10 7 4 " As p h a l t Co n c r e t e Pa v e m e n t Pa t c h i n g ‐ Ty p e B ‐ Su r f a c e Co u r s e 1 7 0 1 S Y $ 6 1 . 0 0 $ 1 0 3 , 7 6 1 . 0 0 10 8 As p h a l t Mi l l (1 ‐1/ 2 " @ 2% 14 7 5 SY 2 . 2 0 $ 3,245.00 $ 10 9 As p a l t Ov e r l a y 37 2 TO N 8 3 . 5 0 $ 31,062.00 $ 11 0 Ad j u s t Ma n h o l e 6 EA 4 0 0 . 0 0 $ 2,400.00 $ 11 1 Ad j u s t Wa t e r Va l v e 11 EA 3 2 5 . 0 0 $ 3,575.00 $ 11 2 St r i p i n g Be r h a r d t Rd W/ P a i n t 1 LS 9 1 5 . 7 8 $ 915.78 $ 11 3 St r i p i n g Be r h a r d t Rd W/ E p o x y 1 LS 1 , 5 2 6 . 2 9 $ 1,526.29 $ 11 4 Ov e r l a y Fa b r i c 36 0 0 SY 1 . 2 5 $ 4,500.00 $ Su b t o t a l $ 2 4 8 , 5 6 9 . 5 7 En g i n e e r i n g 35,000.00 $ To t a l $ 2 8 3 , 5 6 9 . 5 7 * Do e s no t in c l u d e th e Co u n t i e s pr o p o s e d im p r o v e m e n t s to We s t 14 t h St r e e t or th e im p r o v e m e n t s at th e in t e r s e c t i o n Hi g h w a y 31 0 an d SE 4t h ST . (P R E L I M I N A R Y EN G I N E E R ' S OP I N I O N OF CH A N G E OR D E R CO S T 20 2 0 Pa v e m e n t Ma i n t e n a n c e Va r i o u s Lo c a t i o n s Th r o u g h o u t th e Ci t y of La u r e l Ci t y of La u r e l , MT Ma y 5, 20 2 0 58 N 8 0 0 0 8 0 0 1 6 0 0 S C A L E F E E T L E G E N D P R O P O S E D C R A C K S E A L & C H I P S E A L P R O J E C T I-90 U S 2 1 2 / 3 1 0 S 1ST AVE 5TH AVE 8TH AVEW 1ST ST W 2ND STW M A I N S T S WASHINGTON ST BERHARDT RD S E 4 T H S T E R A I L R O A D S T COTTONWOOD AVE BIRCH AVE ALDER AVE E 6 T H S T MARYL A N D L N 1ST AVE W 8 T H S T PENNSYLVANIA AVE 6TH AVE E M A I N S T E 8 T H S T W 4 T H S T S U N H A V E N D R W RAILROAD STS 8TH AVE W 6TH S T ELM AVE 7TH AVE W. MARYLAND LN W 3 R D S T W 5 T H S T W 7 T H S T W 9 T H S T W 11T H S T W 12T H S T 4TH AVE 3RD AVE 2ND AVE L A U R M A C L N M A R Y L A N D L N M O U N T A I N V I E W L N 9TH AVE10TH AVE11TH AVE12TH AVE13TH AVEANNS PLBETTY AVECHERRY HILLS DR12TH AVE10TH AVECASALINDA CIR FIR AVE HAZEL AVE DATE AVE JUNIPER AVE IDAHO AVE WASHINGTON AVE WYOMING AVE COLORADO AVE MONTANA AVE R O U N D H O U S E D R S A N T A F E D R G O L D E N S P I K E C I R S A N T A F E C I R G O L D E N S P I K E D R YARD OFFICE RD A T C H I S O N D R E M A R Y L A N D L N T O P E K A D R L A C K A W A N N A L N MILWAUKEE RD P E N N C I R R E A D I N G C I R L O C O M O T I V E C I R W. MARYLAND LN DUVAL DRELS DRDAVIS CIR PAYNES PL W 14 T H S T W 1 3 T H S T 5TH AVE 4TH AVE FAI R V I E W L N W BEARTOOTH DRBRIAR CIR NEZ PIERCE DR M E A D O W C I R WILLOW DRW 12TH ST CIRFOUNDATION AVE A I R P O R T R D . FORREST AVE DURLAND AVE YELLOWSTONE AVE WOODLAND AVE CEDAR AVE S 2 N D S T S 3 R D S T S 4 T H S T S 5 T H S T WEST AVESHAY RD S H A N N O N R D GOLF COURSE RD E 9 T H S T E 1 1 T H S T L A U R E L C I T Y L I M I T S MAPLE AVE S 1ST AVE STRAUCH RD O H I O A V E DATE REVISION2020 PAVEMENT MAINTENANCE S H E E T NO. CITY OF LAUREL I S S U E D A T E D R A F T E D P R O J E C T N U M B E R R E V I E W E D LAUREL, MT 1 9 0 4 - 0 1 8 7 4 0 2 / 2 0 2 0 C K L J 2 0 2 0 May 5, 2020 - 2:22 PM - K:\Projects\City\MT\Laurel\1904-01874 2020 Pavement Maintenance\CAD\ConstDwgs\Scope of Work.dwg P R O P O S E D C R A C K S E A L P R O J E C T 165 SY 4"ASPHALTPATCHING 2 5 0 S Y 4 " A S P H A L T P A T C H I N G 75 S Y 4 " ASPH A L T PATCH I N G 670 SY 4"ASPHALTPATCHING 75 SY 4"ASPHALTPATCHING 2 1 0 S Y 4 " A S P H A L T P A T C H I N G 2 5 0 S Y 4 " A S P H A L T P A T C H I N G 3 7 5 S Y 4 " A S P H A L T P A T C H I N G 7 0 S Y 4 " A S P H A L T P A T C H I N G 1 . 5 " M I L L / O V E R L A Y S T 1 SCOPE OF WORK M S R E W 1 5/6/2020 CHANGE ORDER NO. 1 ADDITIONS 5 9 Item Attachment Documents: 18. Ordinance No. O20-02: An Ordinance Amending Title 2 Chapter 2.60 Of The Laurel Municipal Code Relating To The City’s Police And Police Commission. 60 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments ORDINANCE NO O20-02 AN ORDINANCE AMENDING TITLE 2 CHAPTER 2.60 OF THE LAUREL MUNICIPAL CODE RELATING TO THE CITY’S POLICE AND POLICE COMMISSION. 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 Chief of Police and Captain prepared the amendments below to the Laurel Municipal Code to remain consistent and in accordance with the State of Montana’s Laws adopted by the legislature and contained in the Montana Code Annotated (2019). WHEREAS, the City’s Chief of Police and Captain prepared, reviewed, and is recommending the following amendments for adoption into the existing Title 2 as noted herein. Chapter 2.60 POLICE DEPARTMENT Sections: 2.60.010 Mayoral authority. 2.60.015 Police arrest authority. 2.60.020 Composition and nomination of same. 2.60.030 Chief of police– Duties. 2.60.040 Assistant chief of police. 2.60.050 Police duties. 2.60.060 Special policemen. 2.60.070 040 Reserve and auxiliary police forcesOfficers Authorized. 2.60.045 Termination of Reserve Officers. 2.60.080 050 Reserve and auxiliaryAuxiliary Officers Authorized police forces– Police chief authority. 2.60.090 060 Reserve and auxiliaryAuxiliary Officers police forces– Powers and duties. 2.60.100 070 Police commission– Appointment– Terms and conditions of office. 61 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments 2.60.110 Police commission– Rules and regulations. 2.60.120 Mayor to refer appointments. 2.60.130 Applicants– Examination required. 2.60.140 Presentation of charges– Police commission jurisdiction. 2.60.150 Police commission– Trial procedure. 2.60.170 Police commission decision– Enforcement– Appeal. 2.60.180 Suspension– Discharge– Power and authority. 2.60.190 Temporary police duty– Mayoral authority. 2.60.200 080 Police commission– Officers. 2.60.210 090 Police officers' retirement system. 2.60.010 Mayoral authority. The mayor shall havehas charge of and supervision over the police department. The mayor shall appoint all the members and officers of the department. Subject to the provisions of this part, the mayor may suspend or remove any member or officer of the force. The mayor shall make rules, not inconsistent with the provisions of this part, the other laws of the state, or the ordinances of the city council, for the government, direction, He shall enforce the observance of all ordinances that regulate the management, and discipline of the police force. (Prior code § 2.20.010) 2.60.015 Police arrest authority All police officers of the city of Laurel shall have the power to make arrests of persons committing crimes or charged with crimes: 1. Within the limits of the city; and 2. Within five miles thereof; and. 3. Along the line of water supply of the city. (Ord. 00-3, 2000) 62 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments 2.60.020 Composition and nomination of same. The mayor shall nominate, and with the consent of council, appoint one chief of police, one assistant chief of police, and such subordinate officers of the police force as may be required. (Prior code § 2.20.020) 2.60.030 Duties Chief of police– Duties. It is the duty of t (1) The chief of police: A. To Shall execute and return all process issued by the city judge, or directed to him/her by any legal authority, and to attend upon must be present and assist the city court regularly; B. To Shall arrest all persons guilty of a breach of the peace or for the violation of any municipal city ordinance, and bring them before the city judge for trial; C. To haveMust have charge and control of all policemen police officers, subject to such rules as that may be prescribed by resolution or ordinance, and to report to the council all delinquencies or neglect of duty or official misconduct of policemen police officers for action of the council; and D. Shall perform other duties that the council may prescribe. D.(2) The chief of police has the same powers as a constable in the discharge of his/her duties, but he/she must not serve a process in any civil action or proceeding except when the city is a party;. E.(3) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating police officers.To perform such other duties as the council may prescribe. (Prior code § 2.20.030) 2.60.040 Assistant chief of police. The assistant chief of police shall be under the direct supervision and control of the chief of police and shall, in the absence or disability of the chief of police, perform the duties of that officer. (Prior code § 2.20.040) 2.60.050 Police duties. 63 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments The police officers of the city shall carry out the orders of their superior officers and observe the rules and regulations prescribed for the discipline of the police force. Within the limits prescribed by law, they shall do all things necessary for the preven tion and detection of crime in the city. (Prior code § 2.20.050) 2.60.060 Special policemen. Whenever the mayor considers it necessary to increase the police force, he may employ suitable persons as special policemen. (Prior code § 2.20.060) 2.60.070 040 Reserve and auxiliary police forcesOfficers Authorized. A local government may authorize reserve officers. A person who meets minimum standards for appointment as a peace officer may be appointed as a reserve officer.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. (Prior code § 2.20.120) 2.60.045 – Termination Of Reserve Officers. Reserve officers serve at the pleasure of the chief of police and may be terminated at any time by the chief of police by written notification without any cause. (Prior code § ) 2.60.080 050 Reserve and auxiliary Auxiliary police forcesOfficers Authorized– Police chief authority. A local government may authorize auxiliary officers only on the orders and at the direction of the chief law enforcement administrator of the local government.The chief of police shall be responsible for the training and conduct of the reserve police force and auxiliary police force, and shall prepare rules and regulations governing the conduct and use of such reserve police force and auxiliary police force, subject to the approval of the mayor. (Prior code § 2.20.130) 2.60.090 060 Reserve and auxiliary Auxiliary Officerspolice forces– Powers and duties. 64 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments The reserve police force and auxiliary police forceAuxiliary Officers, under the direction of the chief of police and the mayor, shall aid the regular police department in any manner the police chief and mayor deem advisable in protection of the inhabitants and property of the city. The reserve police force and auxiliary policemenAuxiliary Officers, when on duty, shall have all the powers and be subject to the discipline of a regular police officer of the city pursuant to state law. (Prior code § 2.20.140) 2.60.100 070 Police commission– Appointment– Terms and conditions of office. These code sections are supplementary to the provisions of Title 7, Chapter 32, Part 41, MCA, and §7-32-4151 through §7-32-4164 as they relate to the authority, procedures, and rules of the Police Commission. 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. 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) 2.60.110 Police commission– Rules and regulations. The police commission shall make rules and regulations necessary to implement and administer the commission, not inconsistent with this code, and shall have such other and further powers as is provided by ordinance or statute. (Prior code § 2.20.160) 2.60.120 Mayor to refer appointments. The mayor shall not make any appointment to the police force until an application for such position on the police force has been filed with the mayor, and by him referred to the police commission, and such applicant has successfully passed the examination required to be held by the police commission and a certificate from the police commission filed with the mayor that the applicant has qualified for such appointment. (Prior code § 2.20.170) 2.60.130 Applicants– Examination required. A. All applicants for positions on the police force, whose application shall have been referred to the police commission, shall be required successfully to undergo an examination before the police commission, and to receive a certificate from the commission that the applicant is qualified for the appointment for the probationary period on the police force. 65 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments B. The police commission shall examine all applicants as to their age, legal, mental, moral and physical qualifications, and their ability to fill office as a member of the pol ice force. It shall also be the duty of the police commission subject to the approval of the mayor, to make such rules and regulations regarding such examinations not inconsistent with this code or the laws of the state of Montana. C. Any applicant who shall make any false statement to the police commission as to his age or other qualifications required, at his examination before the police commission, shall be subject to suspension or dismissal from the police force, after trial. (Prior code § 2.20.180) 2.60.140 Presentation of charges– Police commission jurisdiction. A. The police commission shall have the jurisdiction, and it shall hear, try and decide all charges brought by any person or persons against any member or officer of the police department, including any charge that such member or officer is incompetent, or by age or disease, or otherwise, has become incapacitated to discharge the duties of his office, or has been guilty of neglect of duty, or of misconduct in his office, or of conduct unbecoming a police officer or has been found guilty of any crime, or whose conduct has been such as to bring reproach upon the police force. B. Any charge brought against any member of the police force must be in writing in the form required by the police commission and a copy thereof must be served upon the accused officer or member at least fifteen days before the time fixed for hearing such charge. (Prior code § 2.20.190) 2.60.150 Police commission– Trial procedure. A. The police commission shall hear, try and determine the charge according to the rules of evidence applicable to courts of record in the state of Montana. The accused shall have the right to be present at the trial in person and by counsel, and to be heard, and to give and furnish evidence in his defense. All trials shall be open to the public. B. The chairman, or acting chairman, of the police commission, shall have the power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing and any person duly served with a subpoena is bound to attend in obedience thereto, and the police commission shall have the same authority to enforce obedience to the subpoena, and to punish the disobedience thereof, as is possessed by a judge of the district court in like cases, provided however, that punishment for disobedience is subject to review by the district court of Yellowstone County. C. The police commission shall, after the conclusion of the hearing or trial, decide whether the charge was proven or not proven, and shall h ave the power, by a decision of a majority of the 66 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments commission, to discipline, suspend, remove or discharge any officer who shall have been found guilty of the charge filed against him. (Prior code § 2.20.200) 2.60.170 Police commission decision– Enforcement– Appeal. A. When a charge against a member of the police force is found proven by the board, the mayor must make an order enforcing the decision of the board, and such decision or order shall be subject to review by the district court of Yellowstone County on all questions of fact and all questions of law. B. The district court of Yellowstone County shall have jurisdiction to review all questions of fact and all questions of law in a suit brought by any officer or member of the police force within a period of sixty days after the decision of the police commission or order of the mayor has been filed with the city clerk-treasurer. (Ord. 02-9, 2002: Ord. 97-2 § 4 (part), 1997; prior code § 2.20.220) 2.60.180 Suspension– Discharge– Power and authority. A. The mayor or chief of police, subject to the approval of the mayor, shall have the power to suspend a policeman or any officer for a period of not exceeding ten days in any one month, such suspension to be with or without pay as the order of suspension may determine. Any officer suspended, with or without pay, is entitled to appeal such suspension to the police commission and the commission shall hear, try and decide all charges brought by any person or persons against any member or officer of the department. B. No officer or member of the police force shall be discharged without a hearing or trial before the police commission. (Prior code § 2.20.230) 2.60.190 Temporary police duty– Mayoral authority. The mayor shall have the power and authority at any time when he deems it expedient to employ not to exceed two persons at one time for a period not to exceed thirty days to do police duty who are not members of the police department. (Prior code § 2.20.240) 67 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments 2.60.200 080 Police commission– Officers. A. At the first regular meeting of the police commission in the month of May of each year, following new appointments by the city council, the members of the police commission shall select a chairman to serve a term of one year. B. The police commission may employ a secretary or may designate one of its own members to act as such. The secretary shall keep the minutes of the commission's proceedings, shall be custodian of all papers pertaining to the business of the police commission, shall keep a record of all examinations held, and shall perform such other duties as the commission shall prescribe. C. The city attorney shall be the legal adviser to the police commission, andcommission and shall approve all action of the commission as to form. (Prior code § 2.20.250)A. At the first regular meeting of the police commission in the month of May of each year, following new appointments by the city council, the members of the police commission shall select a chairman to serve a term of one year. B. The police commission may employ a secretary or may designate one of its own members to act as such. The secretary shall keep the minutes of the commission's proceedings, shall be custodian of all papers pertaining to the business of the police commission, shall keep a record of all examinations held, and shall perform such other duties as the commission shall prescribe. C. The city attorney shall be the legal adviser to the police commission, and shall approve all action of the commission as to form. (Prior code § 2.20.250) 2.60.210 090 Police officers' retirement system. The police department of the city of Laurel, Montana, shall be under, subject to and within the provisions of the municipal police officers' retirement system (statewide plan) laws of t he state State of Montana, as set forth in Title 19, Chapters 2 and 9, M.C.A. and all amendments thereto. The said police department retirement system shall be managed, conducted, governed and controlled as in saidpursuant to state law and this section provided. (Ord. 98-3 § 1, 1998) 68 Ordinance No. O20-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments 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 May 12, 2020, by Council Member ___________________. PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of ________________, 2020, upon motion of Council Member __________________. APPROVED BY THE MAYOR this ___ day of _______________, 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 69