HomeMy WebLinkAboutCity Council Packet 05.12.2020 AGENDA
CITY OF LAUREL NEXT RES.NO.
CITY COUNCIL MEETING R20-25
TUESDAY,MAY 12, 2020 NEXT ORD.NO.
6:30 PM 020-02
COUNCIL CHAMBERS
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 times for citizen comments on its agenda--once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker;and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight's agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda
item, we ask that you wait until the agenda item is 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
L 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 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 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
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. 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
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. 020-02: 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
Item Attachment Documents:
1. Approval of Minutes of April 28, 2020.
MINUTES F THE CITYCOUNCIL
APRIL 28,2020
A regular meeting of the City Council of the City of Laurel, Montana, was held via Zoom
and called to order by Mayor Tom Nelson at 6:34 p.m.on April 28,2020.
COUNCIL MEMBERS PRESENT: Emelie Eaton(at 6:37 p.m.) Heidi Sparks
Bruce McGee (at 6:39 p.m.) Richard Herr
Scot Stokes Iry Wilke
Richard Klose Don Nelson
_ COUNCIL MEMBERS ABSENT: None
OTHER STAFF PRESENT: Nick Altonaga,Planning Director
Mayor Nelson led the Pledge of Allegiance to the American flag.
Mayor Nelson asked the council to observe a moment of silence.
MINUTES:
Motion by Council Member Sparks to approve the minutes of the regular meeting of April
14, 2020, as presented, seconded by Council Member Wilke. There was no public comment or
council discussion. A vote was taken on the motion. All six council members present voted aye.
Motion carried 6-0.
CORRESPONDENCE:None.
COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS:None.
PUBLIC HEARING:
-. • Public Hearing—MEPA Exclusions
Mayor Nelson stated this is the time and place set for the public hearing on the City of Laurel's
Public Hearing—MEPA Exclusions.
Mayor Nelson opened the public hearing.
Mayor Nelson opened the floor for public comment and asked that Staff present the item.
Nick Altonaga, Planning Director, stated this exclusion for MEPA has to deal with environmental
assessment or environmental impact statement for the proposed project in Riverside Park to
rehabilitate the historic structures down there. At last week's meeting, he presented the ARM that
dealt with the exclusion of that. Since we are not changing the footprints of the buildings in this
proposed project,it fits nicely within that,and there is a lot of work to do;it does not hit any criteria
that would require an in-depth study and in-depth analysis of impacts.Furthermore,it does not meet
any of the criteria having public controversy or significant effect on quality of the human
environment and it does not threaten or endanger species or critical habitats. This is the second
round and the affirmation of the grants the City submitted on the 28" of February. This is a follow
up to dot all the "I's" and cross all the "T's."As of today,he had not received any public comments
either via mail or email.
}
Mayor Nelson stated that copies of the rules governing the public hearing were posted in the council
chambers.
Mayor Nelson asked three times if there were any proponents.There were none.
Mayor Nelson asked three times if there were any opponents.There were none.
Mayor Nelson asked Staff to respond to any relevant questions.There were none.
Council Minutes of April 28,2020
Mayor Nelson closed the public hearing.
CONSENT ITEMS:
• Approval of Workshop Minutes of April 7,2020.
The Mayor asked if there was any separation of consent items. There was none.
Motion by Council Member Eaton to approve the consent items as presented, seconded by
Council Member Wilke. There was no public comment or council discussion. A vote was taken on
the motion. All seven council members present voted aye. Motion carried 7-0.
CEREMONIAL CALENDAR: None.
REPORTS OF BOARDS AND COMMISSIONS: None.
AUDIENCE PARTICIPATION(THREE-MINUTE LIMIT): None.
SCHEDULED MATTERS:
• Appointment of Joshua McFarland to the Laurel Police Department.
Motion by Council Member Stokes to approve Joshua McFarland to the Laurel Police
Department, seconded by Council Member McGee. There was no public comment or council
discussion. A vote was taken on the motion. All eight council members present voted aye. Motion
carried 8-0.
• Resolution No. R20-21: A Resolution Of The City Council Authorizing The Mayor To
Sign A Contract With The Billings Family YMCA For The Operation And
Management Of The City Of Laurel Municipal Pool.
Motion by Council Member Sparks to approve Resolution No.R20-21,seconded by Council
Member Stokes. There was no public comment.
Council noted that there had been lots of comments at the Workshop regarding the$1500 for
cameras. In subsequent emails, it appears that is still the issue. All the details are still not worked
out. Council made note that they were saddened that Staff did not feel they could negotiate a
contract.This is not a waste of Staffs time.
Council questioned if they should even open the pool due to the social distancing
requirements.
A roll call vote was taken on the motion. Council Members Herr and McGee voted aye.
Council Members Sparks,Wilke,Klose,Nelson,Stokes,and Eaton voted nay.Motion failed 6-2.
• Resolution No. R20-22: A Resolution Of The City Council Authorizing The Mayor To
Sign A Contract Between The City Of Laurel, State Of Montana, And Montana Rail
Link Inc.For Construction Work On A Railroad Crossing Located Within The City Of
Laurel.
Motion by Council Member Herr to approve Resolution No. R20-22, seconded by Council
Member Wilke. There was no public comment or council discussion. A roll call vote was taken on
the motion. Council Members Sparks,Hen,Wilke,Klose,Nelson,Stokes,McGee,and Eaton voted
aye. Motion carried 8-0.
• Resolution No. R20-23: A Resolution Of The City Council Authorizing The Mayor To
Sign A Contract With Messy Jessie's Cleaning Service For Cleaning Services For City
Hall.
Motion by Council Member Wilke to approve Resolution No. R20-23,seconded by Council
Member McGee. There was no public comment or council discussion. A roll call vote was taken on
the motion. Council Members Sparks, Herr, Wilke, Klose,Nelson, Stokes, and McGee voted aye.
Council Member Eaton voted nay.Motion carried 7-1.
2
Council Minutes of April 28,2020
® Resolution No. R20-24: A Resolution Of The City Council Determining The City's
Proposed Riverside Park Project Submitted To Montana's Department Of Commerce
Is Appropriately Qualified As A Categorical Exclusion For The Montana
Environmental Policy Act.
Motion by Council Member Klose to approve Resolution No. R20-24, seconded by Council
Member Wilke. There was no public comment or council discussion. A roll call vote was taken on
the motion. Council Members Sparks,Herr,Wilke,Klose,Nelson,Stokes,McGee,and Eaton voted
aye. Motion carried 8-0.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
COMMUNITY ANNOUNCEMENTS(ONE-MINUTE LIMIT): None.
COUNCIL DISCUSSION:
There were none.
MAYOR UPDATE:
UNSCHEDULED MATTERS: None.
ADJOURNMENT:
Motion by Council Member McGee to adjourn the council meeting, seconded by Council
Member Wilke. There was no public comment or council discussion. A roll call vote was taken on
the motion. Council Members Sparks, Herr, Wilke, Klose, Nelson, Stokes, McGee, and Eaton
voted aye. Motion carried 8-0.
There being no further business to come before the council at this time,the meeting was adjourned at
7:04 p.m.
Brittney Mo an,Idministrative Assistant
Approved by the Mayor and passed by the City Council of the City of Laurel,Montana,this 12'day
of May 2020.
Thomas C.Nelson,Mayor
Attest:
Bethany Langve,Clerk/Treasurer
3
Item Attachment Documents:
2. Laurel Airport Authority Minutes of February 24, 2020.
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
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
Brock Williams
Secretary
NOTE: This meeting is open to the public. This meeting is for
information and discussion of listed agenda items.
3
Item Attachment Documents:
3. STIP Correspondence 2020-2024.
Montana Department of Transportation Steve Bullock, Governor
2701 Prospect Michael T. Tooley, Director
PO Box 201001
VISIONZERO Helena MT 59620-1001
zero deaths
zero serious injuries
April 28,2020
LAUREL CITY COMMISSION
PO BOX 10
LAUREL MT 59044-0010
Subject: 2020-2024 Draft Statewide Transportation Improvement Program
The Project Analysis Bureau of the Montana Department of Transportation(MDT)will soon publish the
draft 2020-2024 Statewide Transportation Improvement Program(STIP),a list of transportation
improvements planned for Montana during the next five years. Federal law requires MDT to present the
draft STIP to the public and consider all comments.
In an effort to reduce costs,we are offering you the opportunity to review and comment on the draft STIP
on-line. To view this document electronically,go to hqp://www.mdt.mt.gov/12ubinvolve/stip.shtml.
If you would like a hard copy,simply write your name and address on the enclosed postage-paid card
and mail it to us as soon as possible. We will be happy to send you the printed version. If you want us to
remove your name from the notification list,check the"remove' box and fill in your address.
Please review the draft STIP and send us your comments,especially for projects in your area. If you send
in your comments electronically,address them to paujohnsonC?nit.gov. The comment period runs
through May 31,2020 so be sure to submit any comments prior to that date,so we can consider them for
the final document.
Once the Federal Highway Administration(FHWA) and the Federal Transit Administration(FTA)
approve the final STIP,we will notify you that copies are available. If you have any questions or
comments,feel free to call me at(800)714-7296 or(406)444-7259.
Thank you for your assistance,
ate''
Paul Johnson,Manager
Project Analysis
Rail,Transit and Planning Division
Enclosure
Project Analysis Bureau Rail,Transit and Planning Division
Phone: (406)444-3423 An Equal Opportunity Employer TTY: (800)335-7592
Fax: (406)444-7671 Web Page: www.mdt.mt.gov
Item Attachment Documents:
11. Approval of Workshop Minutes of April 21, 2020.
MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY,APRIL 21, 2020
A Council Workshop was held in virtually via Zoom and called to order by Mayor Tom Nelson at
6:39 p.m. on April 21, 2020.
COUNCIL MEMBERS PRESENT:
_x_Emelie Eaton x_Heidi Sparks
x Bruce McGee via Zoom x Richard Herr
_Scot Stokes x Iry Wilke
x Richard Klose x Don Nelson
OTHERS PRESENT:
Kurt Markegard, Public Works Director via Zoom
Stan Langve, Police Chief via Zoom
Public Input:
There were none.
General Items
1. Appointment of Joshua McFarland to the Laurel Police Department.
Stan Langve, Police Chief, introduced Mr. McFarland to Council, see attached letter.
Council had no questions.
Executive Review
2. Resolution- A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With The Billings Family YMCA For The Operation And Management Of
The City Of Laurel Municipal Pool.
Kurt Markegard, Public Works Director, stated that this contract is the same as last
year. The contract has increased$1,500 for security cameras to send video to Billings.
There is added language regarding the effects of COVID-19 on opening the pool. It is
unclear what social distancing recommendations will be in place or if the YMCA will
be able to find staffing for the pool.
Multiple Council Members commented on the additional $1,500 for cameras. They
questioned who owned the cameras and would they stay installed. They also questioned
why the City would pay for cameras if they are not going to keep them. It was clarified
that the camera system needs an internet connection. The Public Works Director also
stated that the City needs to get Wi-Fi at the pool to encourage adults to want to go to
the pool. He further stated that he would check with the YMCA on who would own the
cameras.
It was questioned what needs to be done to get the pool ready for the season and how
long that would take. It was clarified that the pool is filled halfway throughout the
winter. It will take approximately one week to get the pool ready for opening. It is
unclear if we will be able to open the pool this year due to social distancing
requirements. The Public Works Director did clarify the amount of chlorine in the pool
does kill all viruses. There have been large portions of society that have been cooped up
with nothing to go and do—preparing to safely open at this point.
3. Resolution -A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract Between The City Of Laurel, State Of Montana, And Montana Rail Link Inc.
For Construction Work On A Railroad Crossing Located Within The City Of Laurel.
Kurt Markegard,Public Works Director, stated this is an agreement between Montana
Rail Link and the State. The State has money to make crossings safer. They will be
fixing the 5t" Avenue crossing. They are currently working on a crossing in Billings.
They will be put concrete on the crossing and a new signal with crossing arms. The
State is paying 80% of the cost with MRL covering the remaining 20%. The City is
asked to do patchwork between the concrete and asphalt. The sidewalk will also need to
be tied in. It is expected to be approximately 1.5 feet of patching needed to connect the
concrete and asphalt. There are discussions if the City owns the sidewalk. The work will
begin in May.
4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With For Cleaning Services For City Hall.
Mayor Nelson clarified that the name of the cleaning service is Messy Jessie's Cleaning
Service. A few Council Members had spoken previously about having a professional
cleaning person. The Private cleaner has insurance and the required bond. The quote is
similar to what the Library pays their cleaning person. This contract is a six-month
contract.
It was questioned if this is weekly cleaning and how much time would be spent
cleaning. It was clarified the bid was attached to the packet, see attached.
Council Issues
5. MEPA Exclusion Discussion
Nick Altonaga, Planning Director, stated that this is a follow up to the grant the City
applied for in February. The project meets the requirements for an exemption from an
environmental assessment, see attached. Next week there will be a resolution stating the
Council's support for the exemption.
It was questioned what the purpose of bringing this before Council was. It was clarified
that this is part of gathering public input regarding the environmental assessment.
6. Update on Financials after EDII Project.
There is no update at this time.
7. Update Ambulance Safety Levy
There is no update at this time. Mayor Nelson stated that he is working on shift tasks
with command calls that are moving to once a week.He will have more time to put
toward this.
Other Items
Review of Draft Council Agendas
8. Draft Council Agenda for April 28, 2020.
There were none.
Attendance at Upcoming Council Meeting
All present will be in attendance at next week's meeting.
Announcements
It was questioned if the Mayor was still limiting meetings. It was further questioned if
Emergency Services could meet via Zoom. They will tentatively plan to meet next
Monday, April 27, 2020, via Zoom. It should be more apparent once the Governor
releases his statement about reopening Montana.
Council requested an update on the campground at Riverside Park.
Council requested an update on ordinances at the next Workshop. Mayor Nelson stated
Council would see those ordinances very soon.
The council workshop adjourned at 7:29 p.m.
Respectfully submitted,
Brittney m
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
� ,
rL _.
put=nt
215 W. 1"Street Laurel, Mt. 59044 ■Phone 406-628-8737 ■ Fax 406-628-4641
Chief of Police Stanley J Langve
March 24th, 2020
TO: Mayor Tom Nelson
Re: Conditional job offer/Patrolman
On January 17', 2020 a vacancy was created at the Laurel Police Department with
the resignation of an Officer. On January the 21 St, 2020 I posted the vacant position
internally. I received no bids for the position. I sent invitations to apply for
individuals listed on the Montana Law Enforcement testing Consortium who had
expressed interest in working for the Laurel Police Department. I then advertised
the position to Montana law enforcement agencies, inviting P.O.S.T. certified
officers to apply. I received 14 completed applications.
On March 17'the Laurel Police Commission and members of the Laurel Police
Department conducted 11 interviews and Bpad exercises. Based upon the
cumulative interview and Bpad scores, Joshua McFarland distinguished himself as
an excellent candidate for the Laurel Police Department. Joshua has demonstrated
his commitment to service through his enlistment with the United States Marine
Corps, working in the health services field, and his employment as a Detention
Officer with the Yellowstone County Sheriffs Department since October of 2018.
It is my recommendation that Joshua McFarland be offered a conditional offer of
employment with the Laurel Police Department.
Chief Stanley J Langve
Laurel Montana Police Department
215 West 1si Street
Laurel, MT 59044
q
Office(406)628-8737
EXMBIT A
Description of Services for City Hall
1. Initial Cleaning. Complete deep clean from the ceilings(lights, fans,vents) down the walls
hitting light switches and windows/doors down to the baseboards/floors. Clean and dust
everything including pictures, shelves, computers,phones,chairs and anything else that you can
see or touch in each office or common area. I will not move,disturb or remove any papers or
files on each desk.
2. Routine Cleaning. After the initial cleaning,the building will be cleaned,with trashes
emptied and removed,three days per week: Sundays, Tuesdays,and Thursdays as follows:
® Sunday: Clean, disinfect and dust all conference rooms and general public
common areas including deep clean for all bathrooms. (4 hours)
o Tuesday and Thursday: Clean, disinfect and dust all offices and kitchen areas
including a light clean and disinfect for each bathroom. (3 hours per day)
3. Contractor Insurance and Bond: At all times, Contractor shall remain bonded and possess
general commercial liability insurance with at least a$1,000,000 limit.
4. Payment Provision: City shall pay Contractor$350 for the initial deep cleaning. Thereafter,
City shall pay Contractor$250 per week or$1000 per month,payable monthly.
CONTRACTOR
Messy Jessie's Cleaning Service
307-752-2624
josephjessica363@gmail.com
Employer Identification Number
CITY HALL
115 W. 1ST ST. City Of Laurel
PLANNING:628-4796
WATER OFC.:628-7431 (li� IL
COURT:628-1964 P.O.Box 10
FAX 628-2241 Laurel,Montana 59044
Office of the City Planner
April 15,2020
Regarding an Exclusion from MEPA Requirements for the Proposed Riverside Park Historic Building
Rehabilitation Project Applied for through the MT Historic Preservation Grant Program
Mayor and City Council,
I request that the City Council review,discuss,and officially approve documentation stating that the
application submitted to the Department of Commerce for the proposed historic rehabilitation project in
Riverside Park is excluded from the requirements to conduct a full Environmental Assessment(EA)or
Environmental Impact Statement(EIS).A requirement of the Historic Preservation Grant Program that
this project was applied through is to supply either an Environmental Assessment(EA),Environmental
Impact Statement(EIS),or official documentation stating a categorical exclusion from those requirements
to satisfy the Montana Environmental Policy Act(MEPA).
It is the opinion of the Planning Department that the proposed project in the application meets the
threshold for a categorical exclusion from the requirement to prepare an environmental assessment or an
environmental impact statement as stated in ARM 8.2.328—Actions that Quali&y for a Categorical
Exclusion.The application meets Section 2(e)which states: "projects where the footprint of the proposed
structures,pipelines,or other infrastructure would be substantially unchanged from existing conditions,
and there is no increase in the population served by the facility;
Furthermore,the proposed project does not involve any of the circumstances stated in ARM 8.2.328
Section(3)which would require an EA or EIS that includes:
a) they involve substantial public controversy over the project's potential effect on the quality of the
human environment;
b) the proposed project might have a significant effect on the quality of the human environment; or
c) the project might affect sensitive environmental or cultural resource areas or endangered or
threatened species and their critical habitats.
The Planning Director will prepare a formal letter stating the case for exclusion from the requirements
and submit it to the Department of Commerce with the official resolution on the matter from the City
Council,and Appendix B-1: Environmental Review Form.I have provided a copy of ARM 8.2.328 and
the Historic Preservation Grant Guidelines with this letter.Thank you for your time and consideration.
Regards,
Nicholas Altonaga
Planning Director
�+nNY
Rule.- 8.2.328 Prev
Next
Rule Title:ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION
Department: COMMERCE `t
Chapter: DEPARTMENT RULES
Subchapter: Montana Environmental Policy Act Add to Favorites
Latest version of the adopted rule presented in Administrative Rules of Montana(ARM):
Printer Friendly version
8.2.328 ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION
(1)The following types of actions do not individually, collectively, or cumulatively require the
preparation of an environmental assessment or an environmental impact statement, unless the
action involves one or more of the extraordinary circumstances stated in (3).
(2)The following actions meet the criteria for categorical exclusions and will not normally require
preparation of either an environmental assessment or an environmental impact statement in
considering applications for grants or loans to finance these projects:.
(a) projects that will be partially funded by, or for which the applicant must obtain a permit from,a
state or federal agency which, by reason of its funding or permitting function, has primary
responsibility to consider the environmental impacts of the project under MEPA or the National
Environmental Policy Act:
(b)activities which do not involve or lead directly to construction, such as planning studies,
scientific research and analysis, surveys, or engineering;
(c)projects primarily involving the acquisition of capital equipment;
(d)projects that involve only minor repairs or rehabilitation to an existing facility, including
functional replacement of an existing facility or facility components;
(e)projects where the footprint of the proposed structures, pipelines, or other infrastructure would
be substantially unchanged from existing conditions,and there is no increase in the population
served by the facility,or
(f)emergency repairs, reconstruction, restoration, retrofitting, or replacement of an existing
facility that is in operation or under construction when damaged and the action:
(i)occurs within the existing facility footprint and in a manner that substantially conforms to the
preexisting design,function, and location as the original(which may include upgrades to meet
existing codes anti standards as well es,upgrades warranted to address conditions that have,
changed since the original construction); and
(ii) is commenced within six months after the date of the emergency.
(3)Actions described;in (2)may not be processed as categorical exclusions if.
(a)they involve substantial public controversy over the projects potential effect on the quality of
the human environment;
(b)the proposed project might have a significant effect on the quality of the human environment;
or
(c)the project might affect sensitive environmental or cultural resource areas or endangered or
threatened species and their critical habitats_
(4)If information available to the department indicates that a proposed project in one of the
categories described in(2)may involve one of the situations described in (3),the department may,
in its sole discretion, require an applicant to prepare an environmental assessment or environmental
impact statement as may be appropriate.
History: 2-3-103, 2-4-291, MCA- IMP, 2-3-104, 75-1-201, MCA- NEW, 2015 MAR p_ 1481, Eff.
9125115.
DRAFT
Appendix B
Montana Historic Preservation Grants are a state action subject to the Montana Environmental Policy Act
(MEPA). MEPA specifies three different levels of environmental review, based on the significance of the
potential impacts. The levels are: (1) exempt or excluded from MEPA review; (2) environmental
assessment(EA), and (3) environmental impact statement(EIS).The following outlines the environmental
review process that must be completed by the applicant for each project proposed for MHPG funding.
For detailed information on MEPA,see A Guide to the Montana Environmental Policy Act,or A Citizen's
Guide to Public Participation in Environmental Decision Making, at:
http://Ieg.mt.gov/css/Publications/environmental/defaultasp or
httD:Hleg.mt.L,ov/css/services%20division/lepo/mepa/mepaforpublic.asp
All necessary environmental review of the proposed project is recommended to be completed prior to
submission of the application for grant funding.Any application received without documentation that the
environmental review process has been completed,must complete the environmental review process and
submit documentation to Commerce no later than May I, 2020 or risk being determined incomplete bX
Commerce.
To document completion of the environmental review process the applicant must provide documentation
of the completed environmental review process and include with all documentation of the public review
process, including but not limited to, the public notice for and minutes of a public hearing at which the
environmental review was discussed, the public comments received, and the final decision on the
environmental determination made during a public meeting.
Statutory or Categorical Exemptions
Certain actions are exempt from MEPA review, either because they have been specifically exempted by
the statute or, because of their special nature, do not normally have a significant effect on the
environment.The following types of actions are statutorily exempt from MEPA review under ARM
8.2.304(5):
• Administrative actions (routine clerical or similar functions, including but not limited to
administrative procurement, contracts for consulting services, or personnel actions);
• Minor repairs, operations,and maintenance of existing equipment or facilities;
• Investigation and enforcement; data collection activities; inspection of facilities or enforcement of
environmental standards;
• Ministerial actions (in which the agency exercises no discretion and rather acts upon a given state
of facts in a prescribed manner);
• Actions that are primarily social or economic in nature and that do not otherwise affect the human
environment;
The following types of actions are categorically exempted from MEPA review under ARM 8.2.328(2):
• Projects that will be partially funded by, or for which the applicant must obtain a permit from, a
state or federal agency which, by reason of its funding or permitting function, has primary
responsibility to consider the environmental impacts of the project under MEPA or the National
Environmental Policy Act;
• Activities which do not involve or lead directly to construction,such as planning studies,scientific
Montana Department of Commerce I Montana Historic Preservation Grant Program
2020 Application and Guidelines
research and analysis, surveys, or engineering;
• Projects primarily involving the acquisition of capital equipment;
• Projects that involve only minor repairs or rehabilitation to an existing facility, including functional
replacement of an existing facility or facility components;
• Projects where the footprint of the proposed structures, pipelines,or other infrastructure would
be substantially unchanged from existing conditions, and there is no increase in the population
served by the facility;or
• Emergency repairs, reconstruction, restoration, retrofitting, or replacement of an existing facility
that is in operation or under construction when damaged and the action:
(i) occurs within the existing facility footprint and in a manner that substantially conforms to the
preexisting design, function, and location as the original (which may include upgrades to meet
existing codes and standards as well as upgrades warranted to address conditions that have
changed since the original construction);and
(ii) is commenced within six months after the date of the emergency.
If the proposed project qualifies for an exemption, then the applicant should submit documentation that
the environmental process (including public review process) is complete and the applicant has formally
approved its determination that the project qualifies for an exemption. Applicants must submit relevant
documentation and the Environmental Review Form (Appendix B-1) to Commerce. An exemption may
not be appropriate if significant public controversy exists over the project's potential effect on the quality
of the human environment;the proposed project shows some potential for causing a significant effect on
the quality of the human environment; or the project might possibly affect sensitive environmental or
cultural resource areas or endangered or threatened species and their critical habitats.
Environmental Assessment(EA)
An EA is a written analysis of a proposed action to determine whether an EIS is required or is needed to
serve one or more of the other purposes described in ARM 8.2.304(2).Normally,a thoroughly completed
Environmental Checklist and responses to the six questions contained in the Environmental Review Form
(see below) will suffice as the draft EA for public review and comment, and may then be revised as
necessary to constitute the final EA.Anyone authorized to perform work on behalf of the applicant may
prepare the draft EA, using all available information and evidence. The applicant's authorized
representative must sign the draft EA, and the final environmental determination must be made by the
applicant's representatives or board. Preparation of an EA ensures the fullest appropriate opportunity for
public review and comment on a proposed action, including alternatives and planned mitigation, and
examines and documents the effects of a proposed action on the quality of the human environment.The
EA also allows the project proponent to determine the need to prepare an EIS through an initial evaluation
and determination of the significance of impacts associated with a proposed action.
In addition, an applicant may prepare an EA whenever the proposed action is one that might normally
require an EIS,but the significant effects of the project appear to be mitigated below the level of significance
through design, enforceable controls, and/or conditions imposed by the agency or other government
agencies. For an EA to suffice in this instance,the applicant must determine that all of the impacts of the
proposed action have been accurately identified,that they will be mitigated below the level of significance,
and that no significant impact is likely to occur. The applicant may not consider compensation for purposes
of determining that impacts have been mitigated below the level of significance.
Montana Department of Commerce 2 Montana Historic Preservation Grant Program
2020 Application and Guidelines
An EA isupublic document and may be inspected upon request.Any person may obtain acopy of an EA
bv making o request to the applicant. The applicant shall submit a copy mfeach completed EA
(Appendix B-2), Environmental Review Form(Appendix B-U)and related documentation to
Commerce msa part mf the grant application. The applicant is responsible for providing public
review of an EA as necessary to match the complexity and seriousness of environmental issues associated
with a proposed action and the level of public interest in the action. Methods of accomplishing public
review include publishing a news release or legal notice zo announce the availability ofun EA,summarizing
its content and soliciting public comment; holding public meetings or hearings; maintaining mailing lists of
persons interested in a particular action or type of action and notifying them of the availability of EAs on
such actions;and distributing copies ofEAs for review and comment.Where unucdoninonathmtnormaUy
requires an EIS,but effects that otherwise might be deemed significant are mitigated in the project proposal
or by controls imposed by the applicant, public involvement must include the opportunity for public
comment, apubUc meeting or hearing, and adequate notice. The applicant is responsible for determining
appropriate methods to ensure adequate public review on a case-by-case basis.
The applicant shall consider all substantive comments received in response to u draft EA and decide, at
public meeting,that either.
|. that an EIS in necessary;
2. that the B\did not adequately reflect the issues raised by the proposed action and must
be revised; or
3. that on EIS is not necessary, and make a final decision on the proposed action (executing
the contract with Commerce to receive Montana Historic Preservation Grant Program
funds for the grantee's pnojmcd.
The applicant must provide a copy of the Final EA (Appendix B-O) to Commerce with
documentation of public review,opportunity for public comment,mfinal decision on the EA
mta public meeting,and the Environmental Review Form (Appendix B~K).
Any time the applicant proposes substantial changes to the project affecting the original EA, the grant
recipient must repeat its environmental review for the revisions to the project,assuring the environmental
impacts of the revised project are adequately identified,addressed by the grantee,and any necessary public
review provided. When comp|eted, the applicant must follow the original process and again provide
environmental documents toCommerce.
Montana Department nfCommerce 3 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Environmental Impact Statement(EIS)
An EIS is required whenever an EA indicates that an 8S is necessary, or an applicant proposes an action
that may significantly affect the quality of the human environment(a"major octkon ).
MEPA and Commerce's rules require that a draft EIS circulated for public review must contain all of the
following:
|. a description of the proposed action, including its purpose and benefits;
2. a listing of any state, local, or federal agencies that have overlapping or additional
jurisdiction and a description of their responsibility for the proposed action;
3. a description of the current environmental conditions in the area affected by the
proposed action or alternatives, including maps and charts,whenever appropriate;
4. u description of the impacts on the quality of the human environment of the proposed
uction, including: direct, indirect, and cumulative impacts; potential growth-inducing mr
growth-inhibiting impacts; irreversible and irretrievable commitments of environmental
resources,including land,air,water and energy;economic and environmental benefits and
costs of the proposed action;and the relationship between local short-term uses nfman's
environment and the effect on maintenance and enhancement of the long-term
productivity of the environment;
5. on analysis of reasonable alternatives to the proposed action, including the alternative of
no action and other reasonable alternatives that may or may not be within the jurisdiction
of the agency toimplement, if any;
8. a discussion of mitigation, sdpu|ations, or other controls committed to and enforceable
bv the applicant or other government agency;
7. a discussion of any compensation related to impacts stemming from the proposed action;
8. on explanation of the tradeoffs among the reasonable alternatives;
9. the applicant's preferred alternative on the proposed action,if any,and its reasons for the
preference;
|D. a section on consultation and preparation of the EIS that includes the names of those
individuals or groups responsible for preparing the EIS;a listing of other agencies,groups,
or individuals who were contacted or contributed information; and u summary list of
source materials used in the preparation of the draft EIS;
Montana Department pfCommerce 4 Montana Historic Preservation Grant Program
2020 Application and Guidelines
1 1. a summary of the draft EIS;and
12. other sections that may be required by other statutes in a comprehensive evaluation of
the proposed action, or by the National Environmental Policy Act or other federal
statutes governing a cooperating federal agency.
Following preparation of a draft EIS, the applicant must distribute copies to the Governor; Commerce;
the Environmental Quality Council; appropriate state and federal agencies; and all persons who have
requested copies.The applicant must allow 30 days for public comment on the EIS,which may be extended
an additional 30 days at the discretion at the applicant or upon application of any person for good cause.
When preparing a joint EIS with a federal agency or agencies,the applicant may also extend this period in
accordance with time periods specified in regulations that implement the National Environmental Policy
Act.
After the time for public comment and review has expired, the applicant must prepare a Final EIS for
approval at a public meeting,which must also contain:
. a summary of major conclusions and supporting information from the draft EIS and the responses
to substantive comments received on the draft EIS,stating specifically where such conclusions and
information were changed from those which appeared in the draft;
2. a list of all sources of written and oral comments on the draft EIS, including those obtained at
public hearings, and, unless impractical, the text of comments received by the applicant (in all
cases, a representative sample of comments must be included);
3. the applicant responses to substantive comments, including an evaluation of the comments
received and disposition of the issues involved;
4. data, information,and explanations obtained subsequent to circulation of the draft; and
S. the applicant recommendation, preferred alternative, or proposed decision together with an
explanation of the reasons.
The applicant must distribute copies of the Final EIS to the Governor; Commerce; the Environmental
Quality Council; appropriate state and federal agencies; all persons who submitted comments on or
received a copy of the draft EIS;and all other members of the public upon request.
The applicant may not make a final decision on the proposed action being evaluated in a Final EIS(executing
the contract with Commerce to receive Montana Historic Preservation Grant Program funds for the
grantee's project) until 15 days from the date of transmittal of the Final EIS to the Governor and
Environmental Quality Council. Until the applicant reaches its final decision on the proposed action, no
action concerning the proposal may be taken that would have an adverse environmental impact or limit
the applicant's choice of reasonable alternatives, including the no-action alternative.
Montana Department of Commerce 5 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Any time the applicant proposes substantial changes to the project affecting the original EIS,the applicant
must repeat its environmental review for the revisions to the project,assuring the environmental impacts
of the revised project are adequately identified,addressed by the grantee,and any necessary public review
provided. When completed, the applicant must follow the original process and again provide
environmental documents to Commerce.
Additional Environmental Considerations
MHPG applicants are responsible for compliance with all applicable state environmental requirements.
Some of the other state environmental requirements that may apply to Montana Historic Preservation
Grant Program projects include:
❑ Stream Protection Act,Title 87, Chapter 5, Part 5, MCA
❑ Montana Solid Waste Management Act,Title 75, Chapter 10, Part 2, MCA
❑ Clean Air Act of Montana,Title 75, Chapter 2, MCA
❑ Water Quality Act,Title 75, Chapter 5, MCA
❑ Public Water Supplies, Distribution and Treatment,Title 75, Chapter 6, MCA
❑ Floodplain and Floodway Management,Title 76, Chapter 5, MCA
❑ The Montana State Antiquities Act,Title 22,Chapter 3, MCA
❑ The Montana Sage Grouse Habitat Conservation Program and Conservation Strategy, Executive
Orders 10-2014 and 12-2015 and Chapter 445, Laws 2015 (SB 261) https://saaevrouse.mt.'ov/
Some of the environmental permits that may be required on your project from other state agencies
include the following:
❑ Asbestos Control Program—contact the Department of Environmental Quality(DEQ).
❑ Montana Stream Protection Act(SPA 124 Permit)—contact the Montana Department of Fish,Wildlife
and Parks at 444-2449.
❑ Montana Floodplain and Floodway Management Act (Floodplain Development Permit) —contact the
Montana Department of Natural Resources and Conservation at 444-0860 or the local floodplain
Montana Department of Commerce 6 Montana Historic Preservation Grant Program
2020 Application and Guidelines
administrator.
[I Federal Clean Water Act(404 Permit)—contactthe U�Army Corps of Engineers in Helena at44|-
|]7S.
LI /318 Authorization) — contact the Montana
Department of Environmental Quality at444-3U80
LI Montana Water Use Act (Water Right Permit and Change Authorization) — contact the Montana
Department of Natural Resources and Conservation at 444-6687 or the local DNRC Water
Resources Regional Office. A useful vvebsite regarding water rights can be found at
[I Stormwater Discharge General Permits and/or Montana Pollutant Discharge Elimination System
(MPDES Permit)—contact the Montana Department of Environmental Quality at 444-3080.
LI Please check the DNR[ mabshe fora copy of'Y\ Guide to Stream Permitting in Montana." Their
web address is
LI Cultural Resource Survey—You may need to perform n cultural resource survey for your project.
The State Historic Preservation Office CSHPCA can be reached at444'77|5 for more information.
There in guidance for consulting with SHP{}oo
Montana Department nfCommerce 7 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Appendix B-K
Environmental Review Form
On separate piecemf paper, please answer the following msthey apply to your
proposed project:
|. Alternatives: Describe reasonable alternatives to the project.
2. Mitigation: Identify any enforceable measures necessary to reduce any impacts toan
insignificant level.
3. Is an EA or Environmental Impact Statement (EIS) required? Describe
whether or not an EA or EIS is required and explain in detail why or why not.
4. Public Involvement: Describe the process followed to involve the public in the
proposed project unditspotantia| anvinonnmenta| innpucts. |dentif'thepubUcnnmedn&s —
vvhmreundvvhen —thapro'actvvaoconoideradanddiscuooad, andvvhenthmoppUcunt
approved the final environmental assessment.
5. Person(s) Responsible for Preparing: Identify the poroon(s) responsible for
preparation of this checklist.
G. Other Agencies: List any state, local, or federal agencies that have over-lapping or
additional jurisdiction or environmental review responsibility for the proposed action
and the permits, licenses, and other authorizations required; and list any agencies or
groups that were contacted or contributed information to this Environmental
Assessment/E/\ '
/|\ Authmrizad Representative, Title Date
/Nanneo8 Organizotion/Gmvernrnanta| Unit
CD /\uthmrized Representative
Dote:
If an authorized representative(1)completes the checklist and this form,a chief elected official(2)must also sign
authorizing acceptance of the review process.Explanation or statement of how/why that representative was
authorized should also 6eincluded.
Montana Department ofCommerce 8 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Appendix B-2
Environmental Review Checklist
The applicant must include u completed Environmental Review Checklist and Environmental
Review Form, if the appropriate environmental level is determined, with MHPC3 application
materials.
NAMEOF
PROPOSED
LOCATION: Montana
Key Letter:
N: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
PHYSICAL ENVIRONMENT
Key I Soil Suitability,Topographic and/or Geologic Constraints (e.g.,soil slump, steep slopes,
subsidence, seismic activity)
Response and source of information:
Key 2 Hazardous Facilities (e.g., power lines, hazardous waste sites, acceptable distance from
explosive and flammable hazards including chemical/petrochemical storage tanks,
underground fuel storage tanks, and related facilities such as natural gas storage facilities&
propane storage tanks)
Response and source of information:
Key 3 Effects of Project on Surrounding Air Quality or Any Kind of Effects of Existing Air Quality
on Project(e.g., dust,odors, emissions)
Response and source of information:
Key 4 Groundwater Resources&Aquifers (e.g., quantity, quality, distribution, depth to
groundwater, sole source aquifers)
Response and source of information:
Montana Department of Commerce 9 Montana Historic pm,ervuuun Grant Program
2020 Application and Guidelines
Key Letter:
N: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
Key 5 Surface Water/Water Quality, Quantity& Distribution (e.g., streams, lakes, storm runoff,
irrigation systems, canals)
Response and source of information:
Key b Floodplains& Floodplain Management(Identify any floodplains within one mile of the
boundary of the project.)
Response and source of information:
Key 7 Wetlands Protection (Identify any wetlands within one mile of the boundary of the
project.)
Response and source of information:
Key 8 Agricultural Lands, Production,& Farmland Protection (e.g.,grazing,forestry,cropland,
prime or unique agricultural lands) (Identify any prime or important farm ground or forest
lands within one mile of the boundary of the project.)
Response and source of information:
Key 9 Vegetation&Wildlife Species& Habitats, including Fish and Sage Grouse (e.g.,terrestrial,
avian and aquatic life and habitats)
Response and source of information:
Montana Department of Commerce 10 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Key Letter:
N: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
Key 10 Unique, Endangered, Fragile, or Limited Environmental Resources, Including Endangered
Species (e.g., plants,fish, sage grouse or wildlife)
Response and source of information:
Key I I Unique Natural Features e. .,geologic features
Response and source of information:
Key 12 Access to, and Quality of, Recreational&Wilderness Activities, Public Lands and
Waterways, and Public Open Space
Response and source of information:
HUMAN ENVIRONMENT
Key I Visual Quality—Coherence, Diversity, Compatibility of Use and Scale,Aesthetics
Response and source of information:
Ke 2 Nuisances e. .,glare,fumes
Response and source of in formation:
Montana Department of Commerce I I Montana Historic Preservation Grant Program
2020 Application and Guidelines
Key Letter:
N: No Impact; 6: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
Key 3 Noise--suitable separation between noise sensitive activities (such as residential areas) and
major noise sources (aircraft, highways&railroads)
Response and source of information:
Key 4 Historic Properties, Cultural, and Archaeological Resources
Response and source of information:
Key 5 Changes in Demographic(population) Characteristics e. ., quantity, distribution, density)
Response and source of information:
Key 6 General Housing Conditions-Quality,Quantity,Affordability
Response and source of information:
Key 7 Displacement or Relocation of Businesses or Residents
Response and source of information:
Montana Department of Commerce 12 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Key Letter:
PI: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
Key 8 Public Health and Safety
Response and source of information:
Key 9 Lead Based Paint and/or Asbestos
Response and source of information:
Key10 Local Employment& Income Patterns -Quantity and Distribution of Employment,
Economic Impact
Response and source of in formation:
Key I I Local&State Tax Base& Revenues
Response and source of information:
Key 12 Educational Facilities -Schools, Colleges, Universities
Response and source of information:
Key 13 Commercial and Industrial Facilities - Production&Activity, Growth or Decline.
Response and source of information:
Key 14 Health Care—Medical Services
Montana Department of Commerce 13 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Key Letter:
N: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
Response and source of information:
Key 15 Social Services—Governmental Services e. ., demand on
Response and source of information:
Key 16 Social Structures& Mores Standards of Social Conduct/Social Conventions
Response and source of information:
Key 17 Land Use Compatibility(e.g.,growth, land use change, development activity,adjacent land
uses and potential conflicts)
Response and source of information:
Key 18 Energy Resources -Consumption and Conservation
Response and source of information:
Key 19 Solid Waste Management
Response and source of information:
Key 20 Wastewater Treatment-Sewage System
Response and source of information:
Montana Department of Commerce 14 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Key Letter:
N: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; PM:
Mitigation Required
Key 21 Storm Water—Surface Drainage
Response and source of information:
Key 22 Community Water Supply
Response and source of information:
Key 23 Public Safety—Police
Response and source of information:
Key 24 Fire Protection—Hazards
Response and source of information:
Key 25 Emergency Medical Services
Response and source of information:
Key 26 Parks, Playgrounds, &Open Space
Res onse and source of information:
Montana Department of Commerce 15 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Key Letter:
N: No Impact; B: Potentially Beneficial;A: Potentially Adverse; P: Approval/Permits Required; M:
Mitigation Required
Key 27 Cultural Facilities, Cultural Uniqueness& Diversity
Response and source of information:
Key 28 Transportation Networks and Traffic Flow Conflicts (e.g., rail;auto including local traffic;
airport runway clear zones -avoidance of incompatible land use in airport runway clear
zones)
Response and source of information:
Key 29 Consistency with Local Ordinances, Resolutions, or Plans (e.g., conformance with local
comprehensive plans,zoning, or capital improvement plans)
Response and source of information:
Key 30 Is There a Regulatory Action on Private Property Rights as a Result of this Project?
(consider options that reduce, minimize, or eliminate the regulation of private property
rights.)
Response and source of information:
Montana Department of Commerce 16 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Sample Advertisement for Public Comment and Review of Environmental Review Record
The <local government> will hold a public hearing on <date> at <time/location> for the purpose of
obtaining comments regarding the environmental review record for the proposed<type>project that will
< scope of work>.
At the public hearing the proposed project will be explained, including the purpose and proposed area of
the project, activities, budget, possible sources of funding, any costs that may result for local citizens as a
result of the project,and a decision will be made on the environmental assessment. All interested persons
will be given the opportunity to ask questions and express opinions regarding the proposed project and
any environmental impacts.
Comments may be given orally at the meeting or submitted in writing before <date> at<time>.
Anyone wanting to review the environmental review record and project impacts or submit questions and
comments should contact<who,how>. Copies of the draft environmental record is available at<where>
and will also be available at the public meeting.
<Town/County/D i stri ct>
Chief Elected official
Publish media name&dates:
Note:this meeting may also be a meeting at which the public comment is obtained on the PER,submission
of grant applications, or other
Montana Department of Commerce 17 Montana Historic Preservation Grant Program
2020 Application and Guidelines
Sample«fm Resolution bm Accept the Determination that(level mf environment is
Appropriate for the type of
WHEREAS, the (Name of applicant) has completed an assessment to identify potential environmental
impacts to the (describe purpose ofprojec6;
WHEREAS, the draft Environmental Assessment was made available for public comment and the findings
were presented and reviewed at public meeting;
VVHEREA8, no substantive public comment was received' (or public comment was received and
responded to);
WHEREAS,The(Name of applicant) has determined that the (type of Project)will not significantly affect
the quality of the human environment and accordingly the (Name of Applicant) has determined an
Environmental Impact Statement (or Environmental Assessment and EIS if project is Categorical
Exc|umion); is not necessary;
N{J\8/ THEREFORE, BE IT RESOLVED by the(Council, Board, Commissioners) as follows;
That(Name of Applicant), Montana adopts the final Environmental Assessment for the (type of project).
Panmon and approved on this date of(date)
Signed:
Name:
Title:
Date:
Attested:
Montana Department of Commerce |o Montana Historic Preservation Grant Program
2020 Application and Guidelines
Item Attachment Documents:
12. Budget/Finance Committee minutes of April 28, 2020.
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
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.
X,
X,
X,
X,
Item Attachment Documents:
13. Appointment to Police Commission for a term ending April 30, 2023.
Bill Mountsier
Rick Musson
April 4, 2020
Mayor Tom Nelson
P.O. Box 10
Laurel, MT 59044
Subject: Opening in the Police Commission
I understand that there is currently a vacancy on the Police Commission for
which I would be interested. I would appreciate your consideration for an
appointment on that commission.
Sincerely,
§ e
William G. Mountsier
901 Pennsylvania Avenue
Laurel, MT 59044
Briftney Moorman
From: ndnousson75 <ndmusson75@gmai|/om^
Sent: Friday, May 1. 2O2O11:41AM
To: 8httneyMoonnan
Subject: Laurel Police Commision
Mayor Tom Nelson
|enn interested in the vacant position nn the Police Connrnision. Please consider noe for this very important position. |
have 3S years of law enforcement experience.
Thank you for the opportunity.
Rick Musson
6177thAvenue
Laurel, K4t59044
Sent frommyVehzun'San-isong Ga|axysmartphone
1
Laurel City Council May 8,2020
115 West 15t Street
Laurel, MT 59044
Good evening,
Mr. Mayor and Council Members,
As the President of Local Union 303, 1 am writing this letter regarding the open seat on the Police
Commission Board. Local Union 303 believes that the Police Department and the Union have a vested
interest in who is appointed to serve on the Board.The individual appointed will have a direct effect on
the hiring of any Police Officer for the Laurel Police Department and the potential to have an effect on a
disciplinary action involving a police officer.
Local Union 303 believes that both candidates are qualified for the position, both having had previous
law enforcement experience and understanding of the inner workings of the City and the Police
Department.We would like to express our sincere thanks to both individuals for showing an interest in
the position.
By majority vote,the Local Union 303 is recommending Bill Mountsier,as the preferred candidate for
the open position on the Police Commission Board.
Thank you for your time and consideration in this matter.
Sincerely
Jessica L. McCartney
Local 303 Union President
American Federation of State, County and Municipal Employees AFL-CIO
EDUCATION:
BS in Business Administration, Point Park College, Pittsburgh, PA
EXPERIENCE:
Special Agent:US Drug Enforcement Administration(DEA)
Billings, MT(1995-2002 Retirement)
Great Falls, WIT(19844995)
Detroit, MI (1983-1984)
Special Agent: US Defense Criminal Investigative Service(DCIS)
Detroit, MI(1982-1983)
Columbus, OH(1982)
Toledo, OH (1982)
Investigator: US Defense Investigative Service(DIS)
Toledo, OH (1980-1982)
Special Agent:US Internal Revenue Service(IRS)
Des Moines, IA(19734 980)
>1986-1999 designated the Clandestine Laboratory Coordinator(DEA)for the
state of Montana which involved the coordination of state and local officers in the
seizure and processing of approximately 50 clandestine laboratories in US District
Court
>1992-1993 appointed the Acting Resident in Charge (DEA)for a 14 month period
in Great Falls, MT which involved the supervision of two Special Agents,two Task
Force Officers,and one secretary while still expected to carry my existing case load
which consisted of 20 major drug conspiracy cases
>1 9844 989 assigned Marijuana Coordinator(DEA)for the State of Montana which
included coordinating the participating city, county,and State agencies
>1 9864 992 assigned Organized Crime Drug Enforcement Task Force Coordinator and
coordinated with State&local agencies and the US Attorney's Office for targeting and
investigating large scale drug organizations
>1 985-2000 Resident Firearms Officer(DEA) in both Great Falls and Billings
>1982 1 was assigned to the Columbus Office(DCIS)and was responsible for starting
the investigative office which included administrative duties, laison with civilian and
military counterparts, reviewing and assigning cases,working criminal cases, completing
background investigations, and other criminal and administrative duties as assigned
>1974-1980 Resident Firearms Officer(IRS) in Des Moines, IA
>1 974 1 was one of 5 Special Agents(IRS) chooser for the Des Moines Pistol Team
>1979-1980 detailed (IRS)to the US Secret Service and worked protection for
dignitaries to include Ronald Reagan, Ted Kenedy, President Nixon's daughter, and
Rosilyn Carter on approximately six occasions
TRAINING RECEIVED:
>1973 US Army-Law Enforcement Course (3 weeks)
>1973 IRS Basic Income Tax Law(5 weeks)
>1974 IRS Basic Criminal Investigator's School (US Treasury)(8 weeks)
>1974 IRS Special Agent Basic School (7 weeks)
>1 982 DCIS Interview Seminar/Training (I week)
>1 983 DEA Basic Agent School (13 weeks)
>1984 DEA Firearms Instructor School (2 weeks)(DEA& US Treasury Certified)
>1985 DEA Firearms Instructor Class-Clint Smith dba Thunder Ranch in Seattle(1 week)
>1986 DEA Basic Clandestine Laboratory School('I meek)
>1987 DEA Firearms Instructor Recertification (2 weeks)
>1988 DEA Firearms Instructor Class-Clint Smith dba Thunder ranch in Boise (1 week)
>1988 DEA Advanced Clandestine Laboratory School(2 weeks)
>1988 DEA Aerial Marijuana Eradication School (1 week)
>1989 DEA Site Safety Officer's School for Clandestine Laboratories(3 weeks)
>1989 DEA Firearms Instructor Recertification(2 weeks)
>1989 DEA Maid Entry Techniques (1 week)
>1990 DEA Contracted Interview Techniques(1 week)
>1990 DEA Thermal Irnagry School (1 week)
>1991 DEA Disk Assessment Analysis(1 week)
>1992 DEA Firearms Instructor Class-Clint Smith dba Thunder Ranch in Quad Cities(1 weep)
>1993 DEA Firearms Instructor Recertification-Ossining, NY(3 weeks)
>1994 DEA M204 Computer Course(1 week)
>1998 DEA Firearms Instructor Decertification-Quantico (2 weeps)
>2001 DEA Asset Removal School (1 week)
INSTRUCTION GIVEN:
>1985-2001 gave clandestine laboratory instruction to city, county, and State drug
officers, school children, civic groups, professional law enforcement organizations,
and military units on approximately 100 occasions.
>1984-1989 gave marijuana instruction to primarily law enforcement counterparts on
appoximately 40 occasions.
>1986-2001 gave instruction to the Great Falls Police Department and the Cascade
County Sheriffs Office on the Colt Submachine Gun and the Colt M-16 Assault rifle
as those departments recently purchased the weapons and did not have a certified
instructor.
>1987-Present provided instruction and requalification to numerous individuals
who were authorized by a government agency to carry a concealed weapon or who
currently hold a concealed weapons permit. (References will be provided upon request)
>1985-2001 supervised approximately 50 city, county,and State Officers in the preparation
of Federal Search Warrants, inventory of those warrants,the subsequent processing
of the evidence obtained through those warrants,and the trial preparation in IDS
District Court to prosecute those felons.
COURT EXPERIENCE:
>Testified before the US Grand Jury and the US District Court during indictments,
subpeona of records,search warrants suppression hearings, preliminary hearings,trials,
and sentencings in excess of 300 occasions. I have worked in excess of 50 major drug
investigations which have resulted in several hundred arrests and convictions without
ever losing a case in Federal Court.
FIREARMS TRAINING/EXPERIENCE:
>1973 NRA Police Course at Project Transition, US Array, FT Bragg, NC (Honor Graduate)
>1974 US Treasury basic firearms training received, Beltsville, MD
>19744980 Firearms Instructor, Internal Revenue Service, Des Moines, IA
>1976-1978 NRA Practical police Combat Master shooting in competitive law
enforcement matches in Iowa, Nebraska,and Tennessee
>1984 Special Agent Basic Firearms Course (DEA), FLETC,Glynco, GA
>1985 Firearms Instructor's Course(DEA)
>1985-2000 Trained officers from the Great Falls Police Department and the Cascade
County Sheriffs Office both of Great Falls, MT,for training and requalification on the
Colt Submachine Gun and the M4 6 Assault Rifle
>1985-2001 Recertified Instructor Training every 3 years at DEA Academy, Quantico, VA
PROFESSIONAL ORGANIZATIONS:
>Chapter President(72), Federal Law Enforcement Officer's Association
>National Rifle Association
>Yellowstone Rifle Club
> Laurel Rod &Gun Club
AWARDS RECEIVED:
>1973 Honor Graduate, FT Bragg, NC
>1976-1978 Numerous trophies for competitive shooting
>1930 IRS Distinguished Firearms Award, Director Thomas Clancy
>1985 Distinguished Firearms Expert Award, FLETC, Glynco, GA
>1989 Perfect qualification fired and was accepted into the DEA Possible's
Club, DEA Academy, Quantico,VA
>1990 DEA Exceptional Performance Award
>1 991 OCDEATF Award for Public Service
>1997 DEA Excellence of Performance Award
Item Attachment Documents:
15. Resolution No. R20-25: A Resolution Of The City Council Authorizing The 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
R20-25 Disposal of City Records
NO. 1
RECORDS DESTRUCTION DOCUMENT (RM88)
PAGE 1 OF 2 PAGES
1. AGENCY NAME AND DIVISION/PROGRAM: 2. AGENCY CONTACT:
CITY OF LAUREL 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 fullyjustified,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
S. LIST OF RECORD SERIES
NOTE:Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a. b. C. d. e. f. g.
Retention Item number listed Record Series Title Retention in Inclusive Volume in Disposition Action
Schedule on Retention months/years Dates Cubic Feet and Date
Number Schedule completed after
Authorization
2009-
RM8 3 PG 52 RM-8 ITEM 3:1099'S 4 YEARS 2014 0.25
2011-
RM8 1 PG 45 RM-8 ITEM 1:BANK STATEMENTS 5 YEARS 2012 1
RM-8 ITEM 4:MONTHLY TAX
RM8 4 PG 54 DISTRIBUTIONS 5 YEARS 2010 1
RM-8 ITEM 13:PAYROLL QUARTERLY 2010-
RM8 13 PG 77 REPORTS(CONFIDENTIAL) 4 YEARS 2015 1
RM-8 ITEM 4:MONTHLY TAX 2011-
RM8 4 PG 54 DISTRIBUTIONS 5 YEARS 2013 1
RM-8 ITEM 4:DAILY CASH 2O11-
RM8 4 PG 45 RECONCILIATION WATER OFFICE 5 YEARS 2012 1
2015-
RM8 7 PG 10 RM-8 ITEM 7:DOG LICENSES 3 YEARS 2017 0.25
RM-8 ITEM 4:DAILY CASH 2O13-
RM8 1 4 PG 45 RECONCILIATION WATER OFFICE 5 YEARS 2015
6. DISPOSAL AUTHORIZATION: Disposal for the above listed 7. DISPOSAL CERTIFICATE:The above listed records have been
records is authorized.Any deletions or modifications are indicated. disposed of in the manner and on the date shown in column g.
Custodian/Records Manager Name and Title:
Name: Date: Signature:
Signature:
5. LIST OF RECORD SERIES-CONTINUED
NOTE:Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a. b. C. d. e. f. g.
Retention Item number listed Record Series Title Retention in Inclusive Volume in Disposition Action
Schedule on Retention months/years Dates Cubic Feet and Date
Number Schedule completed after
Authorization
RM-8 ITEM 4:DAILY CASH 2O13-
RM8 4 PG 45 RECONCILIATION WATER OFFICE 5 YEARS 2014 0.5
2010-
RM8 5 PG 46 RM-8 ITEM 5:PURCHASE ORDER BOOK 5 YEARS 2013 0.5
RM-8 ITEM1:A/R ACTIVITY REPORT 2010-
RM8 1 PG 48 AMBULANCE(CONFIDENTIAL) 5 YEARS 2015 1
Item Attachment Documents:
16. Resolution No. R20-26: A Resolution Of The City Council Authorizing The 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
R20-26 Disposal of City Records
Request for Records Disposal or Transfer Authorization
RM60
ENTITY: CITY OF LAUREL PHONE:406-628-7431 EXT 2 E-MAIL:CITYCLERK@LAUREL.MT.GOV
CONTACT: BETHANY LANGVE
ADDRESS: 115 W 1 ST ST LAUREL MT 59044 DISPOSAL NUMBER:1
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.
Disposal Audit History
*� Description of Records Approval Agencyor Committee
£ a Inclusive Dates (Committee
c (Include description from schedule along with the a only) Comments Comments
U a case#or other identifying information pertinent MONTH AND YEAR a
to your office) W
O O
From To 14 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
8 1 45 BANK STATEMENTS 01/2009 12/2010 ❑ p ❑ ❑
8 13 77 QUARTERLY PAYROLL REPORTS 2005 2009 p p ❑ ❑ INCLUDE SSN
8 5 46 PURCHASE ORDER BOOK 2005 2009 ❑ p ❑ ❑
8 4 45 A/R ACTIVITY REPORTS AMBULANCE DEPT. 2001 2011 p p ❑ ❑ HIPAA INFO
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ 0 11
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: Date:05/12/2020 Phone:406-628-8456 EXT 1
Name:THOMAS C NELSON
Title: MAYOR
Records Custodian: Date:05/12/2020 Phone:406-628-7431 EXT 2
Name: BETHANY LANGVE
Title:CLERK/TREASURER
LOCAL GOVERNMENT SUBCOMMITTEE SIGNATURES REQUIRED FOR DISPOSAL APPROVAL
Department of Administration Committee Member:
Name: Date:
Signature:
Montana Historical Society Committee Member:
Name: Date:
Signature:
Local Government Committee Member:
Name: Date:
Signature:
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. Unclaimed records may be disposed 60
Completed by days after this date:
Name: Signature:
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:
RM60 Rev 6 11/4/2015
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.
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 12t'day of May 2020
APPROVED by the Mayor this 12'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
R20-27 Change Order 2020 Pavement Maintenance Project Hardrives Construction,Inc.
Change Order
No. 1
Date of Issuance: May 6,2020 Effective Date: May 6,2020
Project:2020 Pavement Maintenance Owner:City of Laurel Owner's Contract No.:
Contract:Crack Sealing and Chip Sealing of Streets Date of Contract:April 08,2020
Contractor: Hardrives Construction Engineer's Project No.:1904-01874
The Contract Documents are modified as follows upon execution of this Change Order:
Description: Contractor is to perform additional work utilizing existing bid item costs for the followinv streets: Improvements on
Bernard St,SE 4th ST,S.8th Ave.,Foundation Ave., PayneS Dr., Duval Dr. Els Dr., Davis Circle,Topeka Dr., Milwaukee Rd.,91h Ave., 10th
Ave., 11th Ave., 13th Ave.,Ann's Place, Betty Ave.,and Cherry Hills Drive per the attached Exhibit
Attachments(list documents supporting change):
Revised Sheet ST1,Scope of Work
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days
Substantial completion(days):September 15t 2020
$495,000.00 Ready for final payment(days):September 151h,2020
Increase from previously approved Change Orders No.X Increase from previously approved Change Orders
to No.X: No.X to No.X:
Substantial completion(days):0
$0.00 Ready for final payment(days):0
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial completion(days):September 1", 2020
$495,000.00 Ready for final payment(days):September 151h,2020
Increase of this Change Order: [Increase] [Decrease]of this Change Order:
Substantial completion(days):0
$248,569.57 Ready for final payment(days): 0
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial completion(days):
$743,569.57 Ready for final payment(days):
RECOMMEN ACCEPTED: ACCEPTED:
By: By: By:
gineer(Authorized Si ature) Owner(Authorized Signature) Contractor(Authorized Signature)
Date: �n Date: Date:
Laurel 2020 Pavement Maintenance Change Order Page 1 of 2
KU Project 1904-01874
ENGINEER'S OPINION OF CHANGE ORDER COST
2020 Pavement Maintenance
1 Various Locations Throughout the City of Laurel KLI
City of Laurel, MT
' May 5, 2020
(PRELIMINARY
ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL PRICE
101 Mobilization 1 LS $8,400.00 $8,400.00
102 Taxes, Bonds& Insurance 1 LS $2,500.00 $2,500.00
103 Construction Traffic Control 1 LS $15,000.00 $15,000.00
104 Crack route&Seal 38320 LF $1.00 $38,320.00
105 CHFRS-wP Asphalt seal &Chip Coat-3/8" Gradation 12830 SY $2.15 $27,584.50
106 SS-1 or SS-1h Asphalt Tack Coat Fog Seal 1700 GAL $3.40 $5,780.00
107 4"Asphalt Concrete Pavement Patching-Type B-Surface Course 1701 SY $61.00 $103,761.00
108 Asphalt Mill (1-1/2" @ 2% 1475 SY $ 2.20 $ 3,245.00
109 Aspalt Overlay 372 TON $ 83.50 $ 31,062.00
110 Adjust Manhole 6 EA $ 400.00 $ 2,400.00
111 Adjust Water Valve 11 EA $ 325.00 $ 3,575.00
112 Striping Berhardt Rd W/Paint 1 LS $ 915.78 $ 915.78
113 Striping Berhardt Rd W/Epoxy 1 LS $ 1,526.29 $ 1,526.29
114 Overlay Fabric 3600 SY $ 1.25 $ 4,500.00
* Does not include the Counties proposed improvements to West 14th Street or the improvements at the Subtotal $248,569.57
intersection Highway 310 and SE 4th ST. Engineering $ 35,000.00
Total $283,569.57
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May 5,2020-2:22 PM-K:\Projects\City\MT\Laurel\1904-01874 2020 Pavement Maintenance\CAD\ConstDwgs\Scope of Work.dwg Oc KLJ 2020
Item Attachment Documents:
18. Ordinance No. 020-02: An Ordinance Amending Title 2 Chapter 2.60 Of The Laurel
Municipal Code Relating To The City's Police And Police Commission.
ORDINANCE NO 020-02
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.
o tin 050 Poliee &ties
2.60.0-0-040 Reserve Officers Authorized.
2.60.045 Termination of Reserve Officers.
2.60.084-050 Reseiwe and aiixi iafYAuxiliar_y Officers Authorized
atithor-ity.
2.60.090-060 Resen,e and atFxi1iafyAuxilia0L0ffjcers peliee fewes—Powers and duties.
2.60.E-98-070 Police commission—
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments
2.60.11OPolieeeommission Rules and Fegulations,
60 l30 Appheants—Txamin ti e� e
7 tin 1 40 Presentation of e�lar-ges— Poliee ee JRr-rsietion.
2.60.150 Police eofiHnission Trial pr-oeedtife—.
60 18n c—n i�ii�i Disehaf:ge Power- and futhorcy.
2.60.2-W080 Police commission— Officers.
2.60.24-0-090 Police officers' retirement system.
2.60.010 Mayoral authority.
The mayor shall 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,
of all off nanees that Feg„late th-e 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.
2 Along the lino of wate f supply of the eitt
(Ord. 00-3, 2000)
Ordinance No. 020-02 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 ehiefof polioand 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 ,a„ty of t-(tL The chief of police:
A. T-o-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. T-o-Shall arrest all persons guilty of a breach of the peace or for the violation of any
munieipal c ordinance, and bring them before the city judge for trial;
C. To haveMust have charge and control of all polies police officers, subject to sueh-rules
that may be prescribed by resolution or ordinance, and report to the council all
delinquencies or neglect of duty or official misconduct of polieemen police officers for action
of the council; and
D. Shall perform other duties that the council may prescribe.
D M 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;.
&(2j Quotas for investigative stops, citations, or arrests may not be established and may not
be used in evaluating_police officers.T^ „-urf,^rm stte , other duties
as the eotmeil may
pfvser-ibe.
(Prior code § 2.20.030)
2.60.040 Assistant chief of police.
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments
the Mies a-Rd f-egulat, 'bed for- the diseipline of the poliee for-ee. Within the liffli
in the eity.
(Prior- eerie- § 2 20 050
2 In 060 Special polieemen
Whenever- the mayor- eonsider-s it neeessafy to ifier-ease the pokee for-ee, he may employ
suitable per-sons as speeial polieemen.
2.60.074-040 Reserve and auxiliary police foircesOfficers 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 poliee
tux1liafy poliG�i iVrGG shall e set by the nofiv�n�l
ri�7TrIGT1.
(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 auxiliaAuxiliary Peke rcesOfficers Authorized—Poliee
nl�in�--h—oriit
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 Ehief of poliee shall be
the
f9r" ixi `ee vree, subbjeet to the—u"'" tt�e maya-r,
(Prior code § 2.200130)
2.60.0W060 Auxiliary Officers Powers and duties.
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments
The rosor e p„l",o f fee and attxiliafy p„l",o Auxiliary 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 r-esen,e pokee €ere-adnu ioemffiAuxiliary 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)
2.60.4-WO70 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 mayer- shall naminate, ,V�,ith the e0fisent of the eett
three fesidents of the eity, :,A,ho shall have the qualif4eations r-e-"ir-ed by law to hold a 04Y
board to be known by the name of"poliee eommission," and who shall hold offiee for- three
years. One membef of sueh boafd must be appointed amittally at the first meeting of the
eouneil in May of each yea
(Prior code § 2.20.150)
administer-the eommission, not inconsistent with this oode, and shall have such othef: and
(n,-;, f: eerie § 20 160)
2.60.120 Mayor- to r-efer- appointments.
oommission, and such applieant has sueeessfully passed the examination r-equifed to be hold
that-the—a ieant has qualified foF stieh appointment.
(Pr-iof eode § 20 170
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments
B. The pokee eo hall examine all appheants as to their- age, legal, mental, moral a
physieal qualif4eations, and their- ability to fill offiee as a member- of the poliee f0fee. it shall
also be the duty of the poliee eo _ubjeet to the appi:oval of the mayor-, to make sueh
}}1���
of the state of Montana-.
G. Any applicant ;"o shall make any false statement to the poliee eommission as to his age o
other- "alifications r-equif:ed, at his examination before the poliee - - .- -. - i, shall be
s G. jeef to TC , Gilc. f
dismissal 4ofn
-ls11ssalLofn the poliee fare e, after- trial..
2.60.140 Presentation ofFkair .
A. The poliee eommission shall have the > and it shall heaf,
ehar-ges bFought by any per-son or-per-sons fnember- of offieer- of the poliee
disease, or- > has beeame ineapaeitated to disehafge the duties of his offiee,
of
been guilty of negleet of duty, E)r- of miseonduet in his offiee, or- of eondtlet unbeeomin
poliee offieer- oF has been found guilty of a F whose conduet has been sueh as
B. Any ehar-ge brought against any membef of the poliee fome must be in wFiting in the fofm
or member n4 least fif4ee days be fofe the
time fixedf r heaF ng c.ue ebaFge-
(12FjOr , 0de § 2.20.1 90l
right to be pr-esent at the trial in per-son and by eounsel, and to be heaM, and to give and
fuFnish e''enee�uefeise. All tFial`,rsh shall be open t6 the pu
> of the poliee eommissfion,
subpoenas, -hall have the power- to issue
attested in its name,
to eompel the attendanee of witnesses at the heafing and-any
person "Iy ser-ved with a st+bpoena is bound to attend in obedienee thereto, and the poliee
the disobedienee > >
shall, pFovided
Yellowstone Gott�.
deeide whether- the
G. The poli sion
>
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments
eEmamission
t:etnove or- disehafge any offleet: who shall have been
> to diseipline, suspend,
(-PFiO- 00de § 7 7n 7lllll
board,
mayor-ffmst make an or-def ea�qfeing the decision of the board, and such deeision or- order-
shall be subjeet to r-eview by the distr-iet eottA of Yellowstone County on all questions of faet,
and all questions of law
B. The distr-iet eottr-t of Yellowstone County shall have jur-isdietion to feview all questions o
faet and all questions of law in a suit br-ought by any offieer- of membef: of the pokee
within a period of sixty days after- the deeision of the pokee eon*nission or- order- of the mayor-
has been filed with the eity eler-k tfeastir-er,
2.60.180 Silo, Disehairge Power- and authority-.
A. The mayor- or- ehief of > >
shall have the powef to
suspend a police-man oF any offieeF foF a period of not exeeeding ten days in any one mo*th-,
sueh suspension to be with or-withoot pay as the order- of suspension may detet:ffline. Any
OffWeF StfSpeflded, With or-withotit pay, is entitled to appeal stteh sespension to the P
or peFsons against
any member or offinar of
the depaftment
before the pokee 60wifflission.
The mayor- shall have the power- and atithor-ity at any time when he deems it expedient
employ not to exeeed two pefsons at one time for- a pefiod not to exeeed thirty days to
!.file duty who n of m mbet:s of the potile depaitment
(Pfior eode § 7 7n 240
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments
2.60.2-W080 Police commission- Officers.
A. At the first regular meeting of the police commission in the month of May of each year,
following_ new ew 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)
Poke eezirnnission shall select-a ehai man tesen,e a t e-an
of all examinations held, and shall per-fefm sueh othet: duties as the coffifnission shall
pi:eser-ibe.
G. The eity attemey shall be the legal aEk4ser-to the paliee eeffffnission, and shall approve all
aetio of the eo mission as to f4m
(Prior code § 2.20.250)
2.60.24-W090 Police officers' retirement system.
The police department of the city of attr-e , Montana, shall be under, subject to and within the
provisions of the municipal police officers' retirement system (statewide plan) laws of the
:state State of Montana, as set forth in Title 19, , M.C.A. and all amendments
thereto. The sawpolice department retirement system shall be managed, conducted, governed
and controlled as in to state law and this section.
(Ord. 98-3 § 1, 1998)
Ordinance No. 020-02 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
Ordinance No. 020-02 LMC Title 2 Chapter 2.60 Police Department and Police Commission Amendments