city ofhardin · 2016-04-18 · city ofhardin 406 north cheyenne hardin mt 59034 (406) 665-9292...

City of Hardin406 North Cheyenne

Hardin MT 59034

(406) 665-9292

Committee MeetingAGENDA

April 19, 2016406 North Cheyenne

Law Enforcement 6:30 p.m.o City - County Law Enforcement Agreemento Law Enforcement Levy

Landfill 7:00 p.m.o Resolution NO. 2097 - Establishing Rules for Payment of

Invoices and Acceptance of Items at the City of HardinLandfill.

The City ofHardinAGENDA 406 Na Cheyenne Avenue

Hardin, MT 59034April 19,2016

MEETING CALLED TO ORDER AT 7:30 P.M.

PLEDGE OF ALLEGIANCE

ROLL CALL: Mayor: ,Alderpersons: Karen Molina ,Clayton Greer ,Kenny Kepp ,

Harry Kautzman , Jeremy Krebs , Darren Zent .

MINUTES OF PREVIOUS MEETINGS:

Council Meeting April 5 Resolutions and Ordinances April 5

PUBLIC COMMENT:

COMMUNICATIONS:

o MT DOT Newsletter and STIPMAYOR:

OLD BUSINESS:

o City Attorney Contracto Lighting District Updates

NEW BUSINESS:

o Court Clerk III - pay matrixSTAFF REPORTS

• Public Works:

o 5th Street Water Main Extensiono Krebs easement

o Weed Mowing Bidso Landfill Compactor Bido Healthy Hardineers - Bike racks at Plazao Healthy Hardineers - August- Farmers Market @200 Block of Center Ave. - street closure

• Finance:

o RFQ-IT Serviceso Unclaimed Property

• Legal:• Economic Development:

COMMITTEE REPORTS:

• Sewer &Water: Kepp• Law Enforcement: Zent

o City- County Law Enforcement Agreemento Law Enforcement Levy

• Streets & Alleys: Kautzman• Parks & Playgrounds: Krebs• Finance/Landfill: Greer

o Claims

• Resolution and Ordinances: MolinaSPECIAL COMMITTEES:

RESOLUTIONS & ORDINANCES:

Resolution NO. 2095 -Intent to Increase rates for Automatic Bank Drafting (ACH).Resolution NO. 2096 -Establishing Fees and Charges for Information, Records andDocument Requests.Resolution NO. 2097-Payment of Invoices and Acceptance ofItems at the City ofHardin Landfill.

ANNOUNCEMENTS:

• Kuntz passed exam for Class 2A Operator.• Wedel will have a 10 year Anniversary with the City on April 27th.

Meeting adjourned at P.M.Additions to theAgenda can be votedon by Council to add to theAgenda for the nextCouncil meeting.

Agenda items will need to be submitted by Thursday noon beforea TuesdayCouncil meeting.

Page 1 ofl

THE COMMON COUNCILCITY of HARDIN, MONTANA

April 5, 2016 - Minutes

COUNCIL MEETING: The Regular Council Meeting for April 5, 2016 was called toorder at 7:30 p.m. with Mayor Jack Lane presiding by reciting the Pledge ofAllegiance.

The following Aldermen were present: Karen Molina, Harry Kautzman, Kenny KeppJeremy Krebs, and Darren Zent. Clayton Greer was absent.

Also present: Finance Officer/City Clerk Michelle Dyckman, Public WorksSuperintendent Russell Dill, Accounting &Records Tech Angela Zimmer, City Attorney BobSnively and several members of thepublic.

MINUTES OF THE PREVIOUS MEETINGS: Kepp made the motion to approve themmutes as written for the March 15, 2016 Council and Committee meetings, March 22,2016Special Council Meeting, and March 23, 2016 Meeting wigi Big Horn County. Motionseconded by Krebs. On avoice vote the motion was unanim^py approved.

PUBLIC COMMENT:

Cory Kenney noted that he would like andmeeting. Mayor Lanenotedthathe wouldtalk Z

COMMUNICATIONS: fl|PThere is a Municipal Elected Officials'""The City received a Newsletter fromThe City also received in^âtion from

regarding the Little Bighorn Battle^Kifcey are thi

MAYOR:

Mayor LaneHorn Battlefield V

OLD BUSINESS: ^^t>Laurijyjchetter

like her/p||iiiis.:teiiant. thtake

$15

updated^^changed andlp the ffeît needed to be upped for repeat offenders. Snivelyexplained^^gshut - ofr^pifferefHit only suspends service and doesn't terminate theaccount. Thel|||g.00 deposi|||required for anew account. Krebs said that he believed theywere trying to aafj|||it, whejf|was raised to $150.00. Tschetter noted that she thought thatthe deposit increaseûld ajjir to current tenants. Later she learned that it only applied to

somment added later in the

id States Departmlht of Interior,of moving their Visitors Center.

jksidered for the Little Big

flii™?Jeanie^ên there is an account left with abalance,nofH^Lôut ^1 July. She is requesting that $50.00 be

•ause'l^thought'̂ ^plelleposit for her tenant had been raised todepl^pf $100.dfT She said that the resolution needed to be

new accounts. There w||g|potion to approve the request for a$50.00 refund.

NEW BUSINESS:

Dyckman reported on information from MDT (Montana Department ofTransportation). Kepp said that he would like for the City to have ahard copy of the STIP(Statewide Transportation Improvement Program).

Dorothy Stenerson, on behalf of the Chamber of Commerce, requested support fromthe City to provide eight porta potties for Little Big Horn Days. The quote from PremiumSanitation is $950.00. The event will beheld June 23rd, 24th, and 25th, 2016. Krebs motionedfor the City to approve the request. Seconded by Molina. On a voice vote the motion wasunanimously approved.

Tschetter, of LaBonnie Realty, addressed Council regarding her mobile homeapplication. The trailer is just over 20 years old. It has been inspected by the buildinginspector. Kautzman asked about the mold and said that it would also be on the subfloor.Tschetter said that she wouldn't know until the carpet is taken out. Krebs noted thatmold is

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from a continuous moisture problem. Tschetter responded that it would be cut out andreplaced. Zent noted that the building inspectors report said that the issues can be repaired andasked ifshe is willing to make repairs before it is rented. Krebs requested that the 2x4sbeinspected once the sheet rock is out. Snively responded that the building inspector is notcertified in mold, that someone certified would need to inspect it. Tschetter noted that she canput in radon and mold kits and spray down the 2x4's. Molina motioned for the application tobe approved as long as the repairs are made and it can be inspected when the walls are openZent seconded Krebs requested to amend the motion to require that all material that has moldto be removed, discoloration on 2x 4's, sheet rock, insulation, and floors to be addressed,reroof, fix all suggestions of the building inspector, and have him inspect 2x4's before theyare concealed with sheet rock before tenants move in. Molina agreed to the amendment.Motion passed 4/1 (Kautzman dissent).

Zent reported that he has inquired to find out the deadline for the ballot regarding thelaw enforcement levy. Zent proposed that the City run alevy. Kepp motioned to run amilllevy for the increased law enforcement costs. Dyckman noted that it needs to be in aresolutionform noting the specific amount of money and if it is peraaignt or for aduration. She alsoreported that if approved to raise $50,000.00, it would cos^»ximately $21.57 ayear for ahome with ataxable value of $100,000.00 and approxii^«43.15 ayear for ahome with ataxable value of$200,000.00. Motion seconded. On aflPWe the motion was unanimouslyapproved.

STAFF REPORTS:

Public Works:

Finance:Dyckman reported on the option for

She suggested for each resident vmlkmXs for the$1.00 a month to recoup any costs$175.00. Also, that the $1.00 mon!Krebs noted that 78 people wouldthere are any fees f°^^^^^ Kwasand support. Molio^^^^^^^fe the $1.the automatic billhearing first to addIt was deci^^^,The ra^^^^^^^ateiwill^^ffiresol^^Mfext C(can IraB&tioned to apj

Economic1|||€lopment:Jeff l^^^well report

temporarily sus^^^ at theand the Jailhouse (Stlfcy is

WW

to

>to

thatj

Lutomatic bildll payment pla

andyearly maintenance fee ofwater rate increase process.sts. Tschetter questioned if

ided in the annual serviceJto each consumer who chooses

that there needs to be a publicat the same time as the water rate increase.

for those interested in a monthly ACH.Le 1I|| Molina withdrew her motion. Snively

£the intent to begin the process and then itiement.

are

^lively nc

lent (ACH).pay a fee of

Lat he was notified by Ken Keller that operations have beentention facility. He attended the Energy Summit last week,ing intothe Hardin Photo building.

COMMITTEE REPOl

Sewer & Water:Kepp said the City crew is doing a good job of flushing storm drains and cleaning

culverts and drain ditches. Healso reported that Operation Sparkle will begin May 6,2016.

Law Enforcement:Zent reported that Council had interviewed candidates for City Attorney and that all

candidates interviewed were well qualified. Contract negotiations will be done with JordanKnudsen of Knudsen& Knudsen, PLLC. There is a meeting with Mr. Knudsenon Thursdayat noon.

There was some confusion regarding a contract extension for Snively. Snpely notedthat he read about it in The Original Briefs. Mayor Lane extended an apology to Snively.Kepp suggested that an agreement for an extension isneeded and wondered about an overlap.Snively said that it is not a good practice to have two people in the same office at the sametime. Krebs asked if he was willing to stay on until the 23rd. Snivelyrequested his currentmonthly rate for the month of April andhis lastday will be April 23rd. After discussion and

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negotiation, Krebs motioned to accept the proposal of$9500.00 to be paid to Snively for Aprilwith his last day as April 23,2016. Kepp seconded. Motion passed 3/2 with Zent and Molinaagainst.

Mayor Lane opened the floor for public comment, there were no comments.

Parks & Playgrounds:Krebs reported that the concrete stain for the Heimat Park restroom was specified in

the bid, adye was not. It will be open May 1st. Also, asee-saw and grills will be installed inthe park. Melville Ready Mix will be pouring concrete for the sidewalk and around thebathroom. Roto Rooter ran acamera in the Custer park restrooms, there are root problems.They will beconsidering putting a liner inthe pipes.

Finance:

Kepp madea motion to approve the claims:CLAIM No.

February, 2016

March, 2016

20328

20263 - 20287

20313-20327

20329 - 20362

April, 2016 20288-20312

Transfer 20263 & 20328

Claims & JV Total (Expenditures)TOTAL Submitted I81l

mm.Zent seconded. On avoice vote the mi||pnH^panimou^^^proved.^

Resolutions & "mm

Monthly Total

205.71

159,363.99

vm*. 3,208.00

(76.93

97,576.93

^K^^^lhe comn^^discus^êsearch^yêque^âfbrmation. There will be no

changes to the curr^fcusiness lipase ordiri^Sr timelines%r the application process.

ANNOl

16th.

SJVTS:5. *^gm. M$^mm^^ 11§&

jgrt J^^[ Gust f^^|iis#:am for Class IB Operator. He will becerti^^Ster acritS^mtwo"p^j|s on the jîmet.m

s isholding afpne - tai||g onSaturday and Ducks Unlimited will beonAprilft- J'' 'ty ?';£yy?

«<

Kepp motioned \a4$p\xm theipeeting. The meeting adjourned at 9:22 p.m.

Jack Lane, Mayor

ATTEST:

Michelle Dyckman, City Clerk

3 of2

City of Hardin

Resolutions and Ordinances Committee Meeting

April 5, 2016

The Resolutions and Ordinances Committee Meeting began at 6:45 p.m. In attendance wereMayor Jack Lane and Committee members Karen Molina, Kenny Kepp, and Darren Zent.Council members Harry Kautzman, and Jeremy Krebs were also present. City Staff memberspresent were Public Works Superintendent Russell Dill, Finajge Officer/City Clerk MichelleDyckman, Accounting/Records Tech Angela Zimmer, an^^^ Attorney Bob Snively, andseveral members of the public. JmU^

The committee discussed research fees for inforpjaipt reqil||questioned ifwe should go hourly. Laurie Tsc|^^ asked whyînformation she requested. DyckmanCory Kenney noted that he likes that

\ from the City. Dyckman§§ps difficult to acquire the

Bit the informatidti-™jus not all in one place,has no fee for roul^^records. Dyckman

reported that the City has loaded information o5^ê websiât times ai^^g. City has made alot of progress. Kenney and Tschetter agreed. It^^sii^^pd that no fee^^Jd be chargedfor the first hour ofresearch, then ^feyGpr each fiftef w?

Ite increment. Theigbmmittee will

suggest that there will be no fee fof^p^|jLour, $5.0^êach quarter increment thereafter,and $0.15 perpage. 'tjl^ w^% ^b

The committee also diis not in favor of

business does do lal

gdelivll|| Hardin. Zent said that hejagreed. It was noted that if a

The co

contraci

are

she is'

April wfwhile re

în thl^^fe.les ifthej^l^jit the |̂|vplicatioif^ft| the deadline ofFebruary 1st. She said that

to suggestio^||Crebi^êd if a new contractor came in for a business license in

ft|^busiii^^licenses. Dyckman reported that mostIfejiowôrking and need business licenses. There

|y just pay tl^3$50.00. Iltey businesses after April 1st are charged the basic ratebusinesses are subjecltlb penalties. Dyckman reported that we mail the

applications irr^^yember and advertise in local publications. The committee agreed to leavethe current ordinaaipeas is.

The meeting adjourned about 7:07 p.m.

Karen Molina, Committee Chairman

ATTEST:

Angela Zimmer, Accounting/Records Tech I

AGREEMENT FOR LEGAL SERVICES

THIS AGREEMENT is made and entered into this 19th day of April, 2016, by andbetween Knudsen & Knudsen, PLLC, a Montana Professional Limited LiabilityCompany, of PO Box 450 Hardin, Montana, hereinafter "Knudsen" and the City ofHardin, a municipal corporation, of 406 North Cheyenne, Hardin, Montana, hereinafterreferred to as "City."

WHEREAS, the City, pursuant to Montana Code Annotated §7-4-4102(4) (2015),is desirous of obtaining the legal services of an attorney for all City operations includingprosecution of city criminal offenses and general civil counsel for the City;

WHEREAS, Knudsen is a law firm located in Hardin, Montana composed ofmembers Jordan W. Knudsen and Hannah S. Knudsen, both of whom are licensed topractice law in the State of Montana, and is willing to provide legal services to the Cityaccording to the terms of this Agreement;

WHEREAS, the parties agree that a written agreement for legal services isnecessary to describe the relationship between Knudsen, and the City, and to serve asthe basis of effective communication between them as they fulfill their governance andadministrative functions in the operation of the City; and

WHEREAS, this Agreement for Legal Services was approved by the City Councilduring a regular council meeting held the 19th day of April, 2016.

NOW THEREFORE, in consideration of the mutual promises contained herein,the parties agree as follows:

1. Appointment: The Mayor of the City hereby appoints Knudsen & Knudsen, PLLC toprovide legal services to the City and to serve as the Hardin City Attorney for aperiod of two (2) years, per Montana Code Annotated §7-4-4602(1) (2015),beginning on the 24th day of April, 2016. Services shall be provided primarily byJordan W. Knudsen, a licensed Montana attorney, and by Hannah S. Knudsen, alicensed Montana attorney, in his absence, when needed. Wherever Knudsen isreferenced below, it is understood to mean that Knudsen & Knudsen, PLLC willprovide services primarily through Jordan W. Knudsen.

2. Basic Services: Knudsen agrees to provide civil and criminal legal services to theCity for the term of this contract, performing all duties defined in Montana CodeAnnotated §7-4-4604 (2015) as required by the City including the following:

a. Serving as general legal counsel to the City.

b. Attending the regularly-scheduled City Council meetings, and asnecessary any special council meetings, committee meetings, and

1

meetings with City staff. It is understood that there will be times whenan attorney will not be able to attend such meetings for reasons asbeing out of town, preparing for trials, or representing other clients.

c. Appearing before the Hardin City Court to prosecute criminal actions,brought in the name of both the City and the State of Montana.

d. Prosecuting or defending civil actions in which the City is a party andwhich are in the exclusive jurisdiction of the City Court and/or JusticeCourt.

e. Providing initial prosecution or defense of civil actions in which the Cityis a party, in District Court, or before administrative agencies.

f. Preparing contracts, ordinances and resolutions, and written opinionsto the City Council or persons authorized by the Council on questionspertaining to the rights, liabilities, and powers of the City.

g. Reviewing construction and personal service contracts and issuingopinions as to their form and content.

h. Other services not set forth above, including, but not limited to,prosecution of civil drug forfeiture actions and appeals of criminalcases in District Court and in the Supreme Court.

Term: This Agreement shall be effective as of April 24th, 2016, and shallterminate on April 23, 2018, unless terminated sooner by the terms containedherein. This agreement shall become a month to month agreement after April23, 2018, unless both parties enter into another written agreement. If theagreement becomes a month to month agreement after April 23, 2018, theneither party may terminate the agreement for any or no reason by giving theother party thirty (30) days written notice of the intent to terminate thisagreement which termination shall become effective at the end of the thirty(30) days.

Independent Contractor: Knudsen's relationship to the City shall be that of anindependent contractor. Knudsen agrees to maintain an office in the Hardinarea and to provide all equipment, telephone services and supplies usual andcustomary for a private law practice and shall be solely responsible for thesame (except with respect to certain costs, office, and secretarial assistanceas set forth below) in the provision of services under this Agreement.Knudsen shall perform the services described herein as an independent lawfirm using such independent professional judgment as is appropriate to theperformance of the duties of City Attorney, and shall work at such times andin such manner as he deems appropriate to fully and professionallyaccomplish the duties of CityAttorney. Knudsen further agrees that it will be

the employer of Jordan W. Knudsen and Hannah W. Knudsen, and will beresponsible for any worker's compensation insurance, unemploymentinsurance, withholdings and remittance of all income taxes to state andfederal agencies, and will provide evidence of the same upon request to theCity. Knudsen, Jordan W. Knudsen, and Hannah S. Knudsen, as individuals,agree to indemnify the City and hold it harmless from any claims arising fromor resulting from Knudsen's obligation to obtain worker's compensationinsurance, pay unemployment insurance premiums, and withhold and remitand/or pay any taxes owed by Knudsen, Jordan W. Knudsen, or Hannah S.Knudsen, including any personal income taxes.

Knudsen, Jordan W. Knudsen, and Hannah S. Knudsen, are free to maintaina private law practice and represent other clients, but will avoid to the extentreasonably possible, from entering into representation that would create aconflict of interest such that Knudsen would be unable to represent the Cityunder this Agreement. In the event of a conflict, Knudsen will cooperate withand aid the City in finding adequate alternative representation.

Office Space: If needed or desired by Knudsen, the city will make availablethe present City Attorney office located in the Ping building, at 415 NorthCenter Avenue, City of Hardin, for Knudsen's occasional use, but with theunderstanding that Knudsen will only use the office as convenient for themore efficient performance of his obligations under this contract, and will notconduct private law practice in this office. The City will provide space andappropriate containers for the storage of closed City case records at the samefacility.

Clerical Assistance: Knudsen may use the services of the City's clericalemployee appointed to the City Attorney's Office, for assistance with city workonly. No secretarial assistance for Knudsen's private law practice will beprovided by said clerical employee. This service will be provided only for theperiod that such employee is employed by the City, unless otherwise agreedby the parties.

Compensation: As payment for the services to be performed during the termof this Agreement, the City will pay to Knudsen, a flat monthly fee of $5,000for the first four (4) months. Knudsen agrees to submit an invoice to the Cityon a monthly basis for the services, which will include a detailed billing ofhours of legal service for the City's records. After 4 months, an average ofhours per month of legal services performed shall be calculated, and themonthly payment shall be adjusted to the following schedule:

If hours per month averages...

Less than 20 hours per month: City will pay Knudsen $3,000/monthBetween 20-40 hours per month: City will pay Knudsen $4,200/month

Between 40-60 hours per month: City will pay Knudsen $6,000/monthMore than 60 hours per month: City will pay Knudsen $7,000/month

The hourly average shall be reviewed every six (6) months and adjusted tothe schedule using the previous 6-month period to calculate the average.Knudsen shall continue to provide monthly invoices with detailed billing ofhours of legal services throughout the term of this Agreement. ThisAgreement guarantees a minimum monthly payment of $3,000, and amaximum monthly payment of $7,000.

Billable hours will include all time spent performing the duties outlined inParagraph 2 of this Agreement. There will be no additional charges orreimbursements for travel, either by mileage or hourly billing, except fortraining under Paragraph 11 below.

8. Other Costs: The compensation above is for legal services and does notinclude out-of-pocket costs, such as, but not limited to, filing fees, servicesfees, witness fees, deposition costs, and the City agrees to reimburseKnudsen for said expenses upon presentation of evidence of the same.

9. Conflicts: If an issue or case arises which presents a conflict of interest asdetermined by Knudsen, the city will retain the services of another attorney torepresent it in that matter. It is understood that Knudsen may, from time totime, represent other entities such as cities, towns, districts, and counties. Inthe case of any conflict between representing the City, and any such entity,the City will have priority. The hiring of another attorney or attorneys by theCity will not reduce the annual or monthly compensation set forth inParagraph 7 above, as long as the annual cost of the such representationdoes not cost $20,000 ifthe conflict is created by Knudsen's private practice.Costs above that amount shall be deducted from the compensation providedto Knudsen under this contract, but not to reduce the monthly compensationbelow $3,000 per month, as in Paragraph 7.

10. Insurance: Knudsen will maintain professional malpractice insurancecoverage with reasonable limits to be approved by the City and will maintainliability insurance on any vehicle used by Knudsen in performing work for theCity, with reasonable limits to be approved by the City. City agrees that anyclaims arising against Knudsen or the Cityduring the performance of anylegal services for the City may be covered by the City's insurance policies, ifclaims would arise against a City Attorney if the City employed such.

11.Training: The City will reimburse Knudsen for expenses incurred, includingregistration, travel, and lodging, for one annual legal training seminar coveringlegal issues related to city business or prosecution. The seminar and budgetfor expenses must be approved in advance by the Mayor.

4

12. Termination:

a. This Agreement shall terminate if the individual Jordan W. Knudsen ofKnudsen becomes unable to perform the services of CityAttorney forany reason, including death, disability, or loss of license to practicelaw. The city will give Knudsen written notice of its intention toterminate for failure to perform, and Knudsen will have ten (10) days tocure. If no cure occurs, the City may terminate this Agreement. Othermembers of Knudsen shall not be responsible for the performance ofthis Agreement if the individual Jordan W. Knudsen is unable toperform the services of City Attorney for the reasons above.

b. The City may terminate this Agreement for failure of performance byfollowing the procedure provided in Montana Code Annotated §7-4-4113 (2015), for removal of a non-elected officer.

c. This Agreement shall also terminate upon expiration of its two (2) yearterm with notice of non-renewal as provided in Paragraph 3.

d. Knudsen may terminate this Agreement for failure of performance bythe City by giving the City written notice of its intention to terminate andthe City will have ten (10) days to cure. If no cure occurs, Knudsenmay terminate this Agreement.

e. The parties may terminate this Agreement before expiration of theterm, in writing, and signed by both parties, if parties mutually agree tosuch termination.

13. Miscellaneous Provisions:

a. If during the term of this Agreement, it is found that a specific clause ofthis Agreement is illegal under federal or state law, the remainder ofthis Agreement, not affected by such ruling, shall remain in force.

b. This Agreement shall be governed by and construed in accordancewith the laws of the State of Montana. The parties agree that venue ofany legal action filed relating to this Agreement shall be in the DistrictCourt of Big Horn County, Montana.

c. The parties also agree and acknowledge that the Agreement is apublic document, pursuant to Montana law.

d. This Agreement embodies the complete agreement of the partieshereto, superseding all oral and written previous and contemporaryagreements between the parties. No alteration or modification of this

Agreement shall be valid unless evidenced by a writing signed by theparties to this Agreement.

e. This Agreement shall be binding upon and inure to the benefit of theparties hereto and their respective heirs, personal representatives,successors and assigns, including any change of membership of theCity Council of the City.

f. All notices, consents, requests, instructions, approvals, or othercommunications provided for herein shall be in writing and delivered bypersonal delivery, overnight mail, or regular U.S. mail, return receiptrequested, to the last known address of the party being provided suchnotice.

IN WITNESS WHEREOF, the parties have executed this Agreement and affixedtheir signatures on the date and year first written above.

CITY OF HARDIN, MONTANA KNUDSEN & KNUDSEN, PLLC

Mayor Jordan W. Knudsen, Member/Managerof Knudsen & Knudsen, PLLC

ATTEST:

City Clerk

(SEAL)

Letter Agreement between the City ofHardin and Teamsters Union Local 190

The City ofHardin and the Teamsters Union Local 190 representing the City ofHardinemployees agree to add a Court Clerk III positionto the pay matrix andjob desciiptionscontained the Union Agreement dated Jury2015.

The description ofa Court Clerk III shallbe definedas "Requiresproficiency obtained by10 years ofciy service as a Court Clerk II or 10 years service as a court clerk in the same orsimilar position."

Hie Court Clerk III position shallbe added to the pay matrixat the leveldescribed as"Certified Operator, AnirnaVCode/Building, Legal Secretary/Paralegal II."

The parties agree that the Court Clerk III position shallbe effective as ofthe date thisagreement is signed by the authorized representatives ofeach organization.

City ofHardin Teamsters Union Local 190

, (X. Su~- <~fi ' ~T "lack Lane, Mayor Jeh Soumas, Business Representative

James UnruhPO Box 413

Hardin, MT 59034

BID

April 12, 2016

City of Hardin

406 N Cheyenne Ave.Hardin, MT 59034

Re: Mowing city lots

Iwill mow lots/parcels within the City of Hardin as per information received from Joe Connoly.Following is a breakdown of my charges/rates for the season: April 30- October 30, 2016.

Rate Min. Charge

• Larger parcel/lots etc. $70.00/hr/lot $70.00/hr/lot(6 acre parcel considered larger than 1 lot)

• Smaller parcel/lots/yards etc. $50.00/hr/lot $50.00 /hr/lot• Branch and misc. clean up in order

TO be able tO mow $70.00/hr./lot (using pickup and garbage trailer asrequired)

This bid includes compiling information and coordinating with code enforcer, also taking pictureswhere necessary.

Equipment List:

• 445 Case skid steer w/ 72" mower

• Zero turn riding lawn mower• Push mower

• Stihl string trimmer• Blower

• Pickup with trailer to transport equipment/ garbage trailer available as needed

Enclosed: Copy ofLiability insurancePlease sign lcopy and return upon acceptance ofbid

Signed yi

CITY of HARDIN406 North Cheyenne

Hardin, MT 59034

665-9292

April 12,2016

The following have checks that have not been redeemed. Please inquireat City Hall for Procedures to have a check reissued. If no response isreceived by May 20, 2016, they will be submitted to the State ofMontana as Unclaimed Property.

Joseph Red Thunder 3.08

Stephanie Little Light 15.00

Charles E Carroll 68.92

Joseph Gonzales 15.00

Harry Heitzman 0.34

Barry Russsell 35.61

Jena Pickett 15.00

Rachel OtherBull James 15.00

Kylie Griffeth 46.38

Ken Knight 15.00

Stephen H Illichmann 56.33

Wesley Stops Jr 5.44

Harry Kautzman 100.00

Jamie Old Elk 150.00

Rhett or Eunice Bowers 13.69

Respectfully submitted,

JkMLtyj*^-Michelle Dyckman, Finance Officer / City Clerk

BOARD OF COMMISSIONERS >\ 5 2016BIG HORN COUNTY

P.O. BOX 908

HARDIN, MT 59034Fax (406) 665-9706 (406) 665-9700 E-mail to: [email protected]

52016 II

April 13,2015

Mayor Jack Lane & City Council MembersCity of Hardin406 North Cheyenne AvenueHardin, MT 59034

RE: City-County Law Enforcement Agreement

Dear Mayor Lane and City Council Members:

On March 23, 2016, we met with you to discuss the City-County Law Enforcement Agreementand the upcoming renewal of the same. At the meeting, Councilmen Kepp reported that the Citywas considering going to the voters for a special levy for additional funding for law enforcementservices during the November, 2016, General Election. While supporting the ballot issue,decisions on County budgets cannot be deferred pending the outcome of the ballot issue.

As you are aware, the County faces serious financial difficulties. After discussion of thebudgetary issues with Sheriff Frank Simpson consideration was given to your request to maintainthe City's contributions to law enforcement for FY 2016-2017 at $450,000.00. Unfortunately,the Big Horn County Sherriffs Office cannot continue its current level of service in Hardinwithout an increase in payment from the City. It is important to remind you that the FY 2015-2016 minimal increase of $25,000.00 was less than originally requested, but in good faith,concessions were made and the $25,000.00 was accepted for FY 2015-2016. Sheriff Simpsonhas indicated that he would be able to maintain the current staffing levels of the Sheriffs Officewith an annual increase of $50,000.00 per year over the next two years, FY 2016-2017 and FY2017-2018. This increase over the two year period would make the City's annual contribution tolaw enforcement $550,000.00 by the end of FY 2017-2018. Since the current budget for thePublic Safety Fund for FY 2015-2016 is $2,870,960.00. This is a fair request.

As both the County and the City begin the budgeting process for FY 2016-2017, it is imperativeto come to agreement, so that decisions regarding law enforcement can be made in a timelymanner. Therefore, please respond to this letter no later than April 29, 2016.

Very truly yours,

BOARD OF COMMISSIONERS

BIG HORN COUNTY, MONTANA

JjIoFge Real Bird IIIChairman Merriber Member

City of Hardin

Submitted for Approval

April 19, 2016

March, 2016

April, 2016

CLAIM No.

20363-20381,20390

20382-20389

20391,20392

Claims & JV Total (Expenditures)

March, 2016 Payroll

TOTAL Submitted

$

$

$

Monthly Total

28,895.87

24,685.09

53,580.96

120,607.93

174,188.89

Claims or Expenditures over $5,000per Resolution #2064

Vendor Claim # PurposeMT DEPARTMENT OF ENVIRONMENTAL QUALITY 20387 Landfill licenseRUSSELL INDUSTRIES INC 20388 pump

EXEMPTfrom Resolution 2064:NORTHWESTERN ENERGY 20363 electricity

Amount

10,801.40

9,835.39

16,352.27

Claims by Vendor ReportFor the Accounting Period: March, 2016

Vendor

NORTHWESTERN ENERGY

AMERICAN WELDING & GAS INC

BILLINGS ALARM CO INC

BILL'S AUTO PARTS

BIG HORN COUNTY TREASURER

BIG HORN COUNTY NEWS

THE ORIGINAL BRIEFS

ENERGY LABORATORIES INC

H & E EOUIPMENT SERVICES. INC

HAWKINS, INCHOSE & RUBBER SUPPLY

NORTHWEST PIPE FITTINGS

MORRISON MAIERLE SYSTEMS CORP

SHOPKO STORES OPERATING CO LLC

TCT WEST FNC

TITAN MACHINERY INC

VERIZON WIRELESS

BLUETARP FINANCIAL INC

UTILITIES UNDERGROUND LOC. CTR.

DORSEY & WHITNEY LLP

Claim # Amount

CL 20363 16.352.27

CL 20364 38.95

CL 20365 28.00

CL 20366 1,823.55CL 20367 634.45

CL 20368 950.38

CL 20369 780.20

CL 20370 380.00

CL 20371 45.92

CL 20372 444.98

CL 20373 22.10

CL 20374 157.53

CL 20375 840.00

CL 20376 68.13

CL 20377 112.90

CL 20378 2,468.51

CL 20379 633.56

CL 20380 2,471.62

CL 20381 40.82

CL 20390 602.00

28,895.87

Claims by Vendor ReportFor the Accounting Period: April, 2016

Vendor

BARRY DAMSCHEN CONSULTING, LLC

ECOLAB INC

FERGUSON ENTERPRISES INC

SAFEGUARD BUSINESS SYSTEMS INC

GALLES FILTER & EXHAUST

MT DEPARTMENT OF ENVIRONMENTAL QUALITYRUSSELL INDUSTRIES INC

IIMC

JERRY METCALF

CLEVIA JONES

Claim # Amount

CL 20382 1,300.00

CL 20383 49.16

CL 20384 993.00

CL 20385 885.62

CL 20386 225.52

CL 20387 10,801.40

CL 20388 9,835.39

CL 20389 420.00

CL 20391 150.00

CL 20392 25.00

24,685.09

RESOLUTION NO. 2095

RESOLUTION OF INTENTION OF THE CITY OF HARDIN, MONTANA TOESTABLISH FEES FOR AUTOMATED BANK DRAFTING (ACH)

TRANSACTIONS FOR THE USERS OF THE WATER AND SEWER SYSTEMS

WHEREAS, the CityofHardin,Montana (the "City")operates the water andsewer system (the "Systems") and are consideringthe implementation ofautomated bankdrafting(ACH) for payment ofCity water and sewer bills;

WHEREAS, it is necessary to establishfees and charges for the service to coverthe cost ofthe automated bank drafting(ACH) paymentprocess;

WHEREAS, the City shallorder a public hearingprior to the passage orenactmentofan ordinanceor resolution imposing, establishing, changing or increasingrates, fees, or charges for services or iacilities.

WHEREAS, the City willnotifyallusers ofthe publichearingin this regard;

NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:

Section I. Intent to Establish Fees and Charges for Water and Sewer Users to use

Automated Bank Drafting(ACH). It is the intentofthe City to establish fees and chargesfor the implement and use ofAutomated Bank Drafting (ACH) effective as ofMay18, 2016, as set forth herein.

Section 2. The City intends to impose a one dollar ($1.00) fee for each transactionthat is processed usingAutomated Bank Drafting(ACH).

Section 3. PublicHearing. A publichearingon the rate increase willbe held onMay 17, 2016, commencingat 7:00 PM at the City CouncilChambers, 401 NorthCheyenne Avenue, Hardin, Montana, 59034.

Section 4. Notice. The City Clerk is hereby authorized and directed to publish orcause to be published a copy ofa notice ofthe passage ofthis resolution in the Big HornCounty News, a newspaper ofgeneral circulationin the City, on the dates ofApril 28,2016, May 5, 2016, and May 12, 2016 inthe form and manner prescribed by law, and tomailor cause to be mailed a copy ofsaid notice to all customers ofthe System at least 10days and not more than 30 days prior to the public hearing.

Passed and approved this day ofApril, 2016.

Jack Lane, Mayor

Attest


RESOLUTION NO. 2096

RESOLUTION OF THE CITY OF HARDIN, MONTANA ESTABLISHING FEESAND CHARGES FOR INFORMATION, RECORDS AND DOCUMENT

REQUESTS

WHEREAS, the City ofHardin, Montana (the 'City") desires to establishthe feesand charges for respondingand providing information to Requests for Information,Records and Documents;

WHEREAS, it is necessaryto establish fees and charges for the timeand copyingexpenses to provide responses to Requests for Information, Records and Documents;


The City shallcharge the following fees for respondingto Requests forInformation, Records and Documents:

1. Fifteen (15) cents per page for copies ofall information, records anddocuments whether provided in paper, electronic or any other format; and

2. FiveDollars ($5.00) for each fifteen (15) minute of stafftime spent respondingto a Request for Information, Records and Documents after one hour. There shallbe nocharge for the firsthour oftime spent by staff

These fees and charges shallremain ineffectuntilchanged by City Councilbyeither resolution or ordinance.

Passed and approved this day ofApril, 2016.

Jack Lane, Mayor

Attest


RESOLUTION NO. 2097

RESOLUTION OF THE CITY OF HARDIN, MONTANA ESTABLISHINGRULES FOR PAYMENT OF INVOICES AND ACCEPTANCE OF ITEMS AT

THE CITY OF HARDIN LANDFILL

WHEREAS, the City ofHardin, Montana (the 'City") desires to establish rulesfor the paymentofinvoices and acceptance of items at the City's landfill;

WHEREAS, it is necessaryto establish rulesand procedures for dealing withindividuals and businesses that are permitted to dispose ofitemsat the City's landfill andto charge the expenses at the timeofdisposal;


The City shallpermit individuals and businesseson a limited basis to chargedisposal fees with the City ofHardin for the disposal ofitemsat the City's landfill ThePublic Works Superintendent and the Assistant PublicWorks Superintendentshallbeauthorized to permit the chargingoffees at the City's landfilL Either the Public WorksSuperintendent or the Assistant Public Works Superintendentmay permit the chargingoffees at the City's landfilL

All charges must be paid withinthirtydays ofthe date ofthe City's invoice forservice. Ifany account is not paid in full withinthirty(30) days ofthe date ofthe City'sinvoicefor service then the City shallnot permit the individual or business to dispose ofany items at the City's landfill untiltheir account is paid in fill

The Mayor and PublicWorks Superintendent shallbe authorizedto grant anindividualor business an extension ofup to fifteen(15) days past the thirty (30) day duedate duringwhich time the City would continueto accept itemsfor disposal ifthere areextenuating circumstances to warrant an limited extension oftime. Either the Mayor orPublic Works Superintendent may grant an individual or business an extension ofup tofifteen(15) days past the thirty (30) day due date.

These rules for all charges at the City Landfill shallremain ineffect untilchangedby City Council by either resolutionor ordinance.

Passed and approved this day ofApril,2016.

Jack Lane, Mayor

Attest
