HomeMy WebLinkAboutCity Council Minutes 10.12.20211
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MINUTES OF THE CITY COUNCIL OF LAUREL
OCTOBER 12, 2021
A regular meeting of the City Council of the City of Laurel, Montana, was held in the
Council Chambers and called to order by Council President Eaton at 6:30 p.m. on October 12, 2021.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
OTHER STAFF PRESENT:
Emelie Eaton
Bruce McGee
Richard Klose
Scot Stokes
Heidi Sparks
Richard Herr
Iry Wilke
Don Nelson
Bethany Langve, Clerk/Treasurer
Karen Courtney, Building Official
Council President Eaton led the Pledge of Allegiance to the American flag.
Council President Eaton asked the Council to observe a moment of silence.
MINUTES:
Motion by Council Member McGee to approve the minutes of the regular meeting of
September 28, 2021, 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:
• Building Department Monthly Report —September 2021.
• Fire Monthly Report — September 2021.
• Police Monthly Report— September 2021.
COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None.
PUBLIC HEARING:
Public Hearing - An Ordinance Amending Certain Chapters Of Title 8 Of The Laurel
Municipal Code Relating To Health And Safety Matters, Including Nuisances For The City
Of Laurel.
Council President Eaton stated this is the time and place set for the public hearing on the City of An
Ordinance Amending Certain Chapters Of Title 8 Of The Laurel Municipal Code Relating To Health
And Safety Matters, Including Nuisances For The City Of Laurel.
Council President Eaton opened the public hearing and asked Staff to present the item.
Karen Courtney, Building Official, stated this is Title 8. Items have been removed from this title and
moved to other titles as Council passed ordinances earlier this year. Title 8 includes nuisances,
garbage, and rubbish. They updated the language, penalties, and references.
Council President Eaton opened the floor for public comment and stated that copies of the rules
governing the public hearing were posted in the council chambers.
Council President Eaton asked three (3) times if there were any proponents. There were none.
Council President Eaton asked three (3) times if there were any opponents. There were none.
Council President Eaton stated that he would not have Staff respond to questions as there were none.
Council President Eaton closed the public hearing.
Council Minutes of October 12, 2021
CONSENT ITEMS:
• Claims entered through October 8, 2021.
A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office.
• Clerk/Treasurer Financial Statements for the month of January 2021.
• Clerk/Treasurer Financial Statements for the month of February 2021.
• Approval of Payroll Register for PPE 10/3/2021 totaling $215,092.68.
Council President Eaton asked if there was any separation of consent items. There was none.
Motion by Council Member McGee 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 six Council Members present voted aye. Motion carried 6-0.
CEREMONIAL CALENDAR: None.
REPORTS OF BOARDS AND COMMISSIONS:
• Cemetery Commission Minutes of May 18, 2021.
AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None.
SCHEDULED MATTERS:
• Resolution No. R21-108: A Resolution Of The City Council Authorizing The Mayor
And City Clerk To Execute An Underground Gas Pipeline Easement For Northwestern
Corporation D/B/A Northwest Energy For The Purpose Of Constructing, Operating,
And Maintaining An Underground Pipeline To Be Installed And Located Under The
City's Riverside Park.
' Motion by Council Member Sparks to approve Resolution No. R21-108, seconded by
Council Member Wilke.
Bethany Langve, Clerk/Treasurer, requested that Resolution No. R21-108 be tabled by
Council. She stated that she wants an annexation agreement passed before a zoning change being
done. After the zoning is changed to industrial, the City can no longer ask or force annexation into
the City; MCA 7-2-4608 prevents the City from forcing annexation of industrial. I would like to see
annexation with City services and, once that is passed, can bring back the zoning change.
Roy Ishkaian, Manager of Lands for NorthWestem Energy, stated there is a lot to go into
analysis over annexation. The first thing is to have the necessary ability to conduct this project;
otherwise, it would be a moot point. He has mentioned to this group in the past that they are
seriously considering that possibility. We need to, at least from their standpoint, need to tackle this
one step at a time. In order for this project to be built, they need to know that they have the zoning.
Forcing someone to do something is not in the spirit of public negotiations discourse. He respectfully
asked that we get past these issues and then come back and talk about the pros and cons of zoning
and the right format.
Bethany Langve, Clerk/Treasurer, stated that she is the financial person for the City. She is
going to respectfully tell you that the Citizens' financial interests are what she thinks about. Right
' now, we have CHS who pays 12.6 million dollars in taxes that the citizens don't see a penny of. That
is what she is thinking about, and that is all she is thinking about is her citizens and the tax revenue.
It is nothing disrespectful to you; she is telling her Council something they need to know. That if
they change that zoning, they will not have any power to force you to annex. That is something they
need to know. They need to know everything about what they are doing. She stated she is sorry if
you don't like it, but they need to know that.
Motion by Council Member McGee to table Resolution No. R21-108, seconded by Council
Member Klose. There was no public comment or council discussion. A vote was taken on the
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Council Minutes of October 12, 2021
motion. Council Members Sparks, Wilke, Klose, McGee, and Eaton voted aye. Council Member
Herr voted nay. Motion carried 5-1.
• Resolution No. R21-109: A Resolution Approving Zone Changes For Property Owned
By Northwestern Corporation D/B/A Northwestern Energy Located Near Lindy Lane
Within The City Of Laurel's Zoning Jurisdiction.
Motion by Council Member Herr to approve Resolution No. R21-109, seconded by Council
Member Sparks.
Bethany Langve, Clerk/Treasurer, read the attached memo from the Planning Director.
Roy Ishkaian, NorthWestern Energy, asked for clarification. Resolution No. R21-108 was for
a pipeline easement, Resolution No. R21-109 was for the zoning change. He stated that he thought
these were mixed up. To his knowledge, the City had not talked about the pipeline easement they
needed in the park.
Bethany Langve, Clerk/Treasurer, stated she is requesting that both resolutions be tabled.
Motion by Council Member McGee to table Resolution No. R21-109, seconded by Council
Member Klose. There was no public comment or council discussion. A vote was taken on the
motion. Council Members Sparks, Wilke, Klose, McGee, and Eaton voted aye. Council Member
Herr voted nay. Motion carried 5-1.
• Resolution No. R21-110: A Resolution Authorizing The Mayor To Execute A Contract
With "In Control, Inc." To Prepare A Pre -Engineering Survey For The City's Water
Treatment Plant.
Motion by Council Member Wilke to approve Resolution No. R21-110, seconded by Council
Member Sparks. 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.
' Resolution No. R21-111: A Resolution Authorizing The Mayor To Execute A Contract
With Groshelle Construction For Construction Of A Roof Addition To The City Water
Plant Roof.
Motion by Council Member Klose to approve Resolution No. R21-111, seconded by Council
Member Sparks. 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.
• Resolution No. R21-112: A Resolution Authorizing The Mayor To Execute A Contract
With SR Landscaping, Inc. For Installation Of An Automatic Water Sprinkler System
At The City Water Plant.
Motion by Council Member McGee to approve Resolution No. R21-112, 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.
• Resolution No. R21-113: Resolution Of Annexation And Zoning For Property Located
At 810 West 7th Street, As An Addition To The City Of Laurel, Yellowstone County,
Montana.
Motion by Council Member McGee to approve Resolution No. R21-113, 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.
• Ordinance No. 021-04: An Ordinance Amending Certain Chapters Of Title 8 Of The
Laurel Municipal Code Relating To Health And Safety Matters, Including Nuisances
For The City Of Laurel. (Second Reading)
Motion by Council Member McGee to adopt Ordinance No. 021-04, 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, Eaton, and McGee voted aye. Motion
carried 6-0.
Council Minutes of October 12, 2021
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
COMMUNITY ANNOUNCEMENTS (ONE -MINUTE LIMIT): None.
COUNCIL DISCUSSION:
Public Works Committee's next scheduled meeting is October 18, 2021, at 6:00 p.m. in Council
Chambers.
Council asked for an update on W. Railroad Street with an updated coast estimate from the State.
Council asked for an update on the steaks in people's yards on S. 4`h Street.
Council asked for an update on the Lions Park Improvements.
MAYOR UPDATES: None.
UNSCHEDULED MATTERS: None.
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Motion by Council Member Klose to adjourn the council meeting, seconded by Council
Member McGee. 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.
There being no further business to come before the Council at this time, the meeting was adjourned
at 6:57 p.m.
' Brittneyn Ad inistrative Assistant
Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 26`h day
of October 2021.
CZThomas C. Nelson, Mayor
Attest:
Bethany Langve,
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CITY HALL
PLANNING: 628-4796 City Of Laurel
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
October 12, 2021
Regarding the Northwestern Energy Zone Change Application
Mr. Mayor and City Council,
Office of the City Planner
I have worked with Northwestern Energy staff the past few months guiding the zone change application
for their parcels adjacent to the Yellowstone River through the municipal public process. Northwestern
Energy staff have been amenable to work with and the process has gone smoothly. Planning Department
staff have recommended this zone change as a necessity prior to the construction of the proposed power
plant facility on the parcels.
The Clerk -Treasurer has recommended tabling the current zone change resolution until such time as
annexation has been applied for. Annexation would allow the proposed Northwestern Energy plant to
immediately access municipal water and sewer services. An application for annexation would include a
change in zoning and specific development requirements.
The Planning Department supports the decision to table the discussion of the zone change by the Clerk -
Treasurer. While this decision is late in coming, it is important for the city. As per MCA 7-2-4303, Towns
and Cities cannot annex industrial, railroad, or manufacturing purposes without the specific written
consent of the land. The city would be unable to compel Northwestern Energy to annex even if they
requested water and sewer services in the future.
As stated above, the Northwestern Energy staff have been great to work with and the Planning
Department is happy to work through an annexation application and public process and any questions or
concerns they might have. Thank you for your consideration.
Regards,
Nicholas Altonaga, CFM
Planning Director