HomeMy WebLinkAboutCouncil Workshop Packet 10.20.2020
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, OCTOBER 20, 2020
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, 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.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
Executive Review
1. Resolution - A Resolution Granting Montana-Dakota Utilities Company A Franchise
Agreement With The City Of Laurel
Council Issues
2. Discussion on Bathrooms at Riverside Park.
3. Discussion about the removal of trees in the Entryway Zoning.
4. Discussion on enforceability of Campground Rules.
Other Items
Review of Draft Council Agendas
5. Draft Council Agenda for October 27, 2020.
Attendance at Upcoming Council Meeting
Announcements
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
1
File Attachments for Item:
Resolution - A Resolution Granting Montana-Dakota Utilities Company A Franchise Agreement
With The City Of Laurel
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RESOLUTION NO. R20-____
A RESOLUTION GRANTING MONTANA-DAKOTA UTILITIES COMPANY A
FRANCHISE AGREEMENT WITH THE CITY OF LAUREL
WHEREAS, the City of Laurel possesses self-governing powers including the general
powers set forth in Title XI of the Montana Constitution, Title 7 of the Montana Code Annotated
and Laurel City Ordinance O04-06 to require Franchises Agreements with applicants prior to them
performing activities in, on, under or above a public right-of-way within the City of Laurel; and
WHEREAS, Montana Dakota Utilities Co. has applied for a fifteen (15) year Franchise
Agreement pursuant to Laurel City Ordinance O04-06; and
WHEREAS, Montana Dakota Utilities Co.’s application is in compliance with Ordinance
O04-06, and it is in the best interests of the City to grant the Franchise Agreement, attached hereto,
to Montana Dakota Utilities Co. for a term of fifteen (15) years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that Montana-Dakota Utilities, Co., Franchise Agreement, attached hereto, is hereby
approved and affirmed under the authority of Laurel City Ordinance O04-06.
BE IT FURTHER RESOLVED, this resolution is approved retroactive to September 6,
2020.
Introduced at a regular meeting of the City Council on ___________2020, by
Council Member _______________.
PASSED and APPROVED by the City Council of the City of Laurel this __ day of
_________________2020.
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
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FRANCHISE AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF LAUREL, MONTANA, A MUNICIPAL
CORPORATION, AND MONTANA-DAKOTA UTILITIES CO., A CORPORATION, ITS SUCCESSORS
AND ASSIGNS, GRANTING THE FRANCHISE AND RIGHT TO CONSTRUCT, MAINTAIN AND
OPERATE, WITHIN AND UPON, IN AND UNDER THE STREETS, ALLEYS AND PUBLIC GROUNDS
OF THE
CITY OF LAUREL
A GAS DISTRIBUTION SYSTEM FOR TRANSMITTING AND DISTRIBUTING VAPORIZED
NATURAL GAS PRODUCTS AND/OR MANUFACTURED GAS FOR PUBLIC AND PRIVATE USE.
BE IT AGREED BY
THE CITY OF LAUREL AND MONTANA-DAKOTA UTILITIES CO.
SECTION I. For the convenience, herein, said municipal corporation is designated and
referred to as “Municipality” and Montana-Dakota Utilities Co. is designated and referred to as
“Grantee.” Any reference to either includes their respective successors and assigns.
SECTION II. There is hereby granted to Grantee, subject to the limitations herein stated,
the right and franchise to occupy and use the streets, alleys and public grounds of the
Municipality as now, or hereafter constitut ed, for the purpose of constructing, maintaining, and
operating, within, upon, in and under the same, a gas distribution system for transmitting and
distributing vaporized natural gas products and/or manufactured gas for public and private use.
SECTION III. Grantee shall maintain an efficient distribution system for furnishing
vaporized natural gas products and/or manufactured gas for public and private use at such
reasonable rates as may be approved by the Public Service Commission of the state wherei n
said Municipality is located and under such orders, rules or regulations as may be issued by a
federal or state agency having jurisdiction thereof.
SECTION IV. This franchise shall not be exclusive and shall not be construed to
prevent the Municipality from granting to any other party the right to use the streets, alleys,
and public grounds of the Municipality for like purposes.
SECTION V. The Municipality reserves any right it may have, under its police power, or
otherwise, to control or regulate the use of said streets, alleys, and public grounds by Grantee.
SECTION VI. Grantee shall indemnify and save and hold the Municipality harmless from
any loss or damage due to the construction, installation, and maintenance of its distribution
system, and its use of the streets, alleys, and public grounds of the Municipality.
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SECTION VII. Grantee shall repair all damages to any Municipal property, street, alley or
public grounds caused as a result of Grantee’s construction, installation or maintenance of its
gas distribution system.
SECTION VIII. Grantee shall perform and pay for any construction required for the
operation of its system. Any construction shall conform to the Standards for Public Works
Improvements and the Rules and Regulations Governing Utility Services and Streets for the
Municipality to the extent the Municipality’s standards, rules and regulations do not conflict
with any applicable federal or state laws as well as any Montana Public Service commission
regulations. All work is subject to the approval and review of the Municipality’s Public Works
Director.
SECTION IX. Grantee shall have the right to assign this franchise to any party, or
corporation, but all obligations of Grantee hereunder shall be binding upon its successors and
assigns.
SECTION X. Municipality reserves the right to revoke this Agreement pursuant to a
violation of Laurel Municipal Ordinance No. O04-06, and enforce penalties provided therein.
SECTION XI. This Franchise Agreement shall continue and remain in full force and effect
for a period of fifteen (15) years from the date upon which this Agreement is adopted by the
Municipality.
MUNICIPALITY:
Adopted the day of , 20____.
CITY OF LAUREL
Mayor
ATTEST:
City Clerk
GRANTEE:
Montana-Dakota Utilities Co.
By:______________________________________
Eric P. Martuscelli
Vice President – Field Operations
Title
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ACCEPTANCE OF FRANCHISE
Montana-Dakota Utilities Co., a corporation, hereby accepts the terms and conditions of
that certain Franchise Agreement approved by the governing body of the City of Laurel,
Yellowstone County, Montana, the same being an agreement granting to Montana-Dakota
Utilities Co., its successors and assigns, a franchise to construct, maintain and operate, within
and upon, in and under the streets, alleys and public grounds of said City of Laurel, Yellowstone
County, Montana, a gas distribution system for transmitting and distributing vaporized natural
gas products and/or manufactured gas for public and private use, and defining the extent and
conditions of such rights and privileges, which agreement was duly and finally passed, adopted
and approved by the governing body of the City of Laurel on the __________ day of
, 20___.
Dated this _________ day of ______________, 20___.
Montana-Dakota Utilities Co.
By
Eric P. Martuscelli
Vice President – Field Operations
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I, the undersigned, the duly elected, qualified and acting Auditor of the City of Laurel,
State of Montana, do hereby certify that I received the within Acceptance of Franchise on this
__________ day of ____________, 20___, and on said date duly filed the same in my office.
City Clerk
(SEAL)
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File Attachments for Item:
5. Draft Council Agenda for October 27, 2020.
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AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, OCTOBER 27, 2020
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R18-XX
NEXT ORD. NO.
O18-XX
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 age nda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of October 13, 2020.
Correspondence
Council Disclosure of Ex Parte Communications
Ceremonial Calendar
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.
2. Claims entered through 10/23/2020.
3. Approval of Payroll register for PPE 9/18/2020 totaling $913.64.
4. Approval of Payroll Register for PPE 9/20/2020 totaling $184,819.75.
5. Approval of Payroll Register for PPE 10/4/2020 totaling $193,399.51.
6. Approval of Payroll Register for Union 316 Retro Pay totaling $7,626.14.
Public Hearing
Reports of Boards and Commissions
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agen da. 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.
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Scheduled Matters
7. Resolution - A Resolution Granting Montana-Dakota Utilities Company A Franchise
Agreement With The City Of Laurel
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
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