HomeMy WebLinkAboutCity Council Packet 11.23.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 23, 2021
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R21-122
NEXT ORD. NO.
O21-05
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 November 9, 2021.
2. Approval of the Minutes of the November 10, 2021, Special Meeting.
Correspondence
3. Beartooth RC&D November 2021 Correspondence.
4. Ambulance Monthly Report - October 2021.
Council Disclosure of Ex Parte Communications
Public Hearing
5. Pubic Hearing: 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.
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.
6. Claims entered through November 19, 2021.
7. Approval of Payroll Register for PPE 11/14/2021 totaling $202,062.33.
8. Council Workshop Minutes of October 5, 2021.
9. Council Workshop Minutes of October 19, 2021.
10. Council Workshop Minutes of November 2, 2021.
11. Council Workshop Minutes of November 16, 2021.
Ceremonial Calendar
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Reports of Boards and Commissions
12. Budget/Finance Committee Minutes of November 9, 2021.
13. Public Works Committee Minutes of October 18, 2021.
14. Tree Board Minutes of October 21, 2021.
15. Park Board Minutes of November 4, 2021.
16. Public Works Committee Minutes of November 15, 2021.
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
17. Appointment of Jacob Vannoy to the Laurel Volunteer Fire Department.
18. Resolution No. R21-122: Resolution Of Intent To Annex Contiguous City-Owned Properties
Into The City Of Laurel, Yellowstone County.
19. Resolution No. R21-123: A Resolution Of The City Council To Adopt Criteria For Awarding
And/Or Approving Grants For The Laurel Urban Renewal Agency (LURA) Board And City
Council.
20. Motion To Allow Council Member KloseTo Be Absent From The City Of Laurel For More
Than Ten Days. (LMC 2.12.060)
21. 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.
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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File Attachments for Item:
1. Approval of Minutes of November 9, 2021.
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File Attachments for Item:
2. Approval of the Minutes of the November 10, 2021, Special Meeting.
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3. Beartooth RC&D November 2021 Correspondence.
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4.
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Ambulance Monthly Report - October 2021.
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Laurel Emergency Services Report created 10/19/21:
2020
1090 requests for service
159 times LEMS was unavailable
72 times AMR was unavailable
288 responses in Ward 5 = 27% of calls outside of the city of Laurel
Recent Month Summary:
October 2021:
Requests 110
Missed Calls 7=6 %
Shortest Delay 15 minutes
Longest Delay 44 minutes
Average Delay 28 minutes
Fire Driver Available 37 times
QRU Response With 1 Provider 4 times **
On A Previous Call 1 time
No Crew / Provider Available 2 times
AMR Transported or Responded 2 times
Red Lodge Transported 0 times
HELP Flight Transported 0 times
Columbus Transported 0 times
Joliet Transported 0 time
PD Assisted Pt no transport 0 times
POV Transport 5 times
YCSO Transported 0 times
MHP Transported 0 times
**1 time the QRU responded and the patient refused / no transport to hospital or no patient found
*36 responses in Ward 5 = 33 % of calls outside of the city of Laurel
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2021 Running Totals
January February March April May June July August September October November December Total 2021
Requests 92 98 117 96 108 89 127 100 91 110 1028
Missed Calls 8=9% 2=3% 10=9% 12=12% 8=7% 16=18% 11=9% 12=12% 9=10% 7=6% 95
Shortest Delay (minutes) 20 43 15 15 36 10 14 7 3 15 7
Longest Delay (minutes) 45 70 80 87 73 60 75 52 53 44 87
Average Delay (minutes) 25 47 30 50 61 36 35 23 29 28 39
Fire Driver Available 11 21 26 9 15 7 16 20 17 37 159
QRU Response w 1 Provider 6 1 5 7 3 14 9 9 7 4 61
On A Previous Call 3 1 4 2 1 1 1 1 1 1 15
No Crew / Provider Available 0 2 1 3 4 2 2 2 1 2 17
AMR Transported or Responded 4 1 5 7 5 5 4 5 6 2 42
Columbus Transported 0 0 0 1 1 1 0 0 0 0 3
Joliet Transported 0 0 0 0 0 0 0 1 0 0 1
Park City Transported 1 0 1 0 0 0 0 0 0 0 2
Red Lodge Transported 0 0 0 0 0 1 0 0 0 0 1
HELP Flight Transported 0 0 0 0 0 1 1 0 0 0 2
POV Transport 3 1 4 3 2 2 3 3 1 5 27
PD Assisted Pt no transport 0 0 0 0 0 1 0 0 0 0 1
Responses in Ward 5 21=23% 40=41% 30=26% 28=29% 36=33% 27=30% 43=34% 26=26% 20=22% 36=33% 307=30%
Other Reporting Information:
- We have a MSU Paramedic Program student, also one of our EMT volunteers riding along with us for their ambulance clinical time. We also have volunteer EMT in the
Powell Northwest College NREMT Advanced EMT program that will begin riding with us for his ambulance clinical time the end of November and December. This is a
great opportunity for us to “try out” the students doing clinical time with us and then in the future we can open it up to others and use it as an excellent resource for
recruitment.
- We are working on recruiting to fill 2 full time paramedic spots. This has been a challenge. There is a bit of a shortage in paramedics across the country, as with all
workers currently. We have worked with the City Clerk and Mayor to make our service competitive with other providers in the area. I believe this will help and we will
continue to work on recruitment.
- We continue to be extremely busy with very sick patients, a large number of positive COVID cases.
- We were not awarded the MDT grant for the ambulance. We will continue to seek out such opportunities and apply for them as we ar e able.
- We taught our first Stop the Bleed program for a sports medicine class at the Laurel High School. One of our volunteers is also an ATF agent and he was able to bring
some of their training equipment that “bleeds”, we got excellent feedback from the school, the kids loved it and learned a li ve saving skill. We would really like to get this
program out to as many businesses or groups in Laurel as we can. We are also working on some grant/donation ideas to gain our own equipment. If you would like a
class or know someone that does, please contact me. It only takes about an hour and is well worth it to anyone willing to learn.
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File Attachments for Item:
8. Council Workshop Minutes of October 5, 2021.
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9. Council Workshop Minutes of October 19, 2021.
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10.
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Council Workshop Minutes of November 2, 2021.
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Council Workshop Minutes of November 16, 2021.
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File Attachments for Item:
12. Budget/Finance Committee Minutes of November 9, 2021.
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Minutes of City of Laurel
Budget/Finance Committee
Tuesday, November 09, 2021
Emelie Eaton, Committee Chair
Members Present: Emelie Eaton Richard Klose Bruce
McGee
Others Present: Bethany Langve, Clerk/Treasurer
The meeting was called to order by the Committee Chair at 5:30 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.
Hallie Cross 1750 Ave E Billings MT 59102 – Wanted to speak to the Committee
regarding the possibility of doing something with the $10,000 available in the Animal
Control budget. She stated there are a lot of stray cats in Laurel, and currently, there is
nowhere for these animals to go. She stated the Animal Control officer doesn’t carry a
CHIP reader to determine if a cat or dog has a microchip. Cats and dogs can get out of
their collars making tags useless. She stated the money could be used in conjunction with
donations to spay, neuter and microchip up to 4-500 cats by December. Circle Two has
offered to send out three vets with two vet technicians to assist with the process. There
are foster and permanent homes lined up for these animals. There will be no euthanasia or
taking of pets. She wants to help those pets who have been dumped and are reproducing.
She stated distemper is a big issue with these animals, and one vaccine for distemper
costs $110. Clinics like the one she’s proposing could provide this type of vaccine. Hallie
stated conversations had taken place with the Chief of Police, and he stated the budget
had been spoken for but there is about $10,000 available due to the Animal Control
Officer not being hired until November. She stated the Shepard and Bozeman shelters are
full, and Yellowstone Valley Animal Shelters only helps Billings city limits. Whitney
Solie 1101 Sunhaven Ave and Torria Tillet 54 5th Ave were also in attendance to support
this effort.
General Items –
1. Review and approve the October 26, 2021, Budget and Finance Committee
meeting minutes. Richard Klose moved to approve the minutes of the October 26,
2021, Budget and Finance Committee meeting. Bruce McGee seconded the
motion, all in favor, motion passed 3-0.
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2. Review and approve purchase requisition from the Water and Sewer Departments
for keyless entry locking systems. The Clerk/Treasurer presented the Committee
with the purchase requisition. The Committee had no questions or comments
regarding the new installation. Bruce McGee made a motion to approve the
purchase requisition from the Water and Sewer Departments for keyless entry
locking systems. Richard Klose seconded the motion, all in favor, motion passed 3 -
0.
3. Review and approve the October 2021 Utility Billing Adjustments. The Committee
reviewed the October 2021 Utility Billing Adjustments and had no questions or
comments. Emelie Eaton made a motion to approve the October 2021 Utility
Billing Adjustments. Richard Klose seconded the motion, all in favor, motion
passed 3-0.
4. Review and recommend approval to Council, Claims entered through 11/05/2021.
The claims and check register had previously been reviewed by the Committee .
The Committee asked who had purchased coffee from Heidi’s Coffee Cabin. The
Clerk/Treasurer looked at the Claims report and stated she had purchased the
coffee for her staff. The Committee asked her to sign her name next to the
purchase and she did. There were no additional questions or comments regarding
the claims. Bruce McGee made a motion to approve the claims entered through
11/05/2021. Richard Klose seconded the motion, all in favor, motion passed 3-0.
5. Review and approve Payroll Register for the pay period ending 10/31/2021 totaling
$226,647.29. Emelie Eaton made a motion to approve the payroll register for the
pay period ending 10/31/2021 totaling $226,647.29. Richard Klose seconded the
motion, all in favor, motion passed 3-0.
New Business –
6. Discussion regarding HB-2 – The Clerk/Treasurer presented the Committee with
sections of HB2 that pertained to the $1,000,000 appropriated to the City of Laurel.
She stated per section 4 of the bill, the money was restricted to the Laurel Water
System. The Committee asked if they could pay off the intake water loan with the
$1,000,000, and the Clerk/Treasurer stated she did not see why that couldn’t be
done as the intake loan directly relates to the water system. She stated she would
first check with the City Auditors before anything was done with the money.
7. CARES Funds Update – The Clerk/Treasurer stated she inadvertently omitted the
CARES funds documents from the packet and asked if she could include the
information in the November 23, 2021 packet. The Committee agreed this would
be okay since one of the Committee members was not in attendance.
8. JC Hall/Fireman’s Park lighting discussion – This topic had been figured out prior
to the meeting and no discussion was required during the meeting.
Old Business –
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9. The Committee had previously requested current CD rates. The Clerk/Treasurer
provided a list of current CD rates to the Committee. The Committee reviewed the
rates and asked the Clerk/Treasurer to bring the rates to the next meeting as one of
the Committee members was absent from the meeting.
Other Items –
10. Review Comp/OT reports for the pay period ending 10/17/2021. The Committee
asked if the Police department’s shoot was local. One of the Committee members
stated it was a local shoot. The Committee had no additional comments or
questions.
11. Clerk/Treasurer Update – The Clerk/Treasurer stated she had no updates at this
time. She did state that since there was no current Mayor, Emelie would be needed
to sign all checks for the City. It would not be proper for Emelie to sign the checks
and do the claims review because that would not be proper segregation of duties.
The Clerk/Treasurer asked for someone to replace Emelie on the December 14th
claims review schedule. Bruce McGee stated he would review claims on December
14th. Richard Klose stated he would review claims on December 28th.
12. Mayor Update – There was no update currently.
Announcements –
13. The next Budget and Finance Committee meeting will be held on November 23,
2021, at 5:30 pm.
14. Scot Stokes will be reviewing claims for the next meeting.
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.
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File Attachments for Item:
13. Public Works Committee Minutes of October 18, 2021.
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File Attachments for Item:
14. Tree Board Minutes of October 21, 2021.
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File Attachments for Item:
15. Park Board Minutes of November 4, 2021.
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November 4, 2021
Laurel Park Board Meeting
Started 5:30 PM by Scot Stokes with Jon Rutt, Evan Bruce, Phyllis Bromgard, Richard Herr, Matt
Wheeler, Paul Kober and Irv Wilke.
Public Comment:
Kasey Feldman on McMullen Lane spoke against the Northwestern Energy Pipeline and Power Plant
Project.
Justin Richards explained a proposal to place more secure fencing around the Little League fields in
Thompson Park
Approved minutes from October 7, 2021 meeting, Irv motioned and Evan 2nd. Motion passed
Guests John Chatwood from Shooting Sports BB Gun Program
New Business:
A Temporary Calendar for events at Riverside Hall will be kept by Matt for now. Lions Park and
Thompson Park had some playground equipment removed due to vandalism.
Old Business:
Jaycee hall Update – Electrician done.
Lions Park Update – Railing on dock finishing up next week.
Pipeline Update – Williston basin is finishing up and the Park should look good.
Info on Website - None
Riverside Park Update – We drove to Riverside Park and inspected the Riverside Hall. Scot motioned and
Irv 2nd to allow Shooting Sports BB Gun Program to use the hall and the storage room for their program.
No water on in Riverside Hall till the new pipeline is in.
Other Items:
Light on the flag in Fireman’s Park is operational.
We agreed to meet on December 2nd for the next meeting.
Meeting adjourned at 6:14
Jon Rutt
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File Attachments for Item:
16. Public Works Committee Minutes of November 15, 2021.
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17.
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Appointment of Jacob Vannoy to the Laurel Volunteer Fire Department.
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18.
Created with a trial version of Syncfusion Essential DocIO.
Resolution No. R21-122: Resolution Of Intent To Annex Contiguous City-Owned Properties
Into The City Of Laurel, Yellowstone County.
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R21-122 Annexation of City owned contiguous properties
RESOLUTION NO. R21-122
RESOLUTION OF INTENT TO ANNEX CONTIGUOUS CITY OWNED PROPERTIES
INTO THE CITY OF LAUREL, YELLOWSTONE COUNTY.
WHEREAS, Montana Law, specifically §7-2-4401 through §7-2-4421 provides the City the authority to
annex contiguous City owned property; and
WHEREAS, §7-2-4403 requires the City’s Mayor to file with the City Clerk a description of the land, a
certification of ownership of the land, and a statement that the City desires to annex the property; and
WHEREAS, §7-2-4404 requires the City Council to adopt a Resolution of Intent prior to annexation of
contiguous City owned property for inclusion within the boundaries of the City of Laurel; and
WHEREAS, after the Resolution of Intent is approved, §7-2-4405 requires the City Clerk to publish, at
least once a week for 2 successive weeks, a notice that the Resolution of Intent has been duly and regularly
passed and that for a period of 20 days after the first publication of such notice, the City Clerk will accept
comments or expressions of approval or disapproval, in writing, of the proposed alterations of the boundaries of
the City to include the City owned property. The notice shall state the time and place set for the public hearing
on the proposed annexation; and
WHEREAS, §7-2-4406 requires a public hearing on the question of annexation and at such hearing the
City Council shall hear all persons and all things relative to the proposed annexation prior to making a decision
to annex such property; and
WHEREAS, if the City Council determines that annexation is in the best interest of the City and its
inhabitants to annex the property, it shall adopt a resolution of annexation of the land which shall become
effective 30 days after the annexation resolution’s passage and approval; and
WHEREAS, the City Council has determined it is in the best interest of the City of Laurel for the
properties described in the attachment to this resolution of intent be annexed into the City since they are owned
by the City and are currently connected to and utilizing City Services; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as
follows:
The City Council hereby adopts the Resolution of Intent providing notice to the owners and citizens of
Laurel that the City Council intends to annex the City owned properties described in the attached list; and
Upon adoption of this Resolution of Intent, the City Clerk shall publish the required notice to the public
as provided herein.
Introduced at a regular meeting of the City Council on November 23, 2021, by Council Member
________________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23rd day of November 2021.
APPROVED by the Mayor this 23rd day of November 2021.
CITY OF LAUREL
______________________________
Emelie Eaton, Mayor
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R21-122 Annexation of City owned contiguous properties
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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Address Legal Description TAXID Geocode Subdivision COS Tract and/or
Parcel Description
1501 SEWER PLANT RD S15, T02 S, R24 E, ACRES 9.5, PORTION IN E2E2SW ADJ TO & S OF COS 1998
(SEWAGE *D02720 3082115307200000 UNPLATTED --Sewer Plant
1501 SEWER PLANT RD S15, T02 S, R24 E, C.O.S. 1998, PARCEL 1 D02721 03-0821-15-3-07-21-0000 -1998 Parcel 1 Sewer Plant
US HIGHWAY 212 S S15, T02 S, R24 E, WATER PLANT IN SWSW4 D02722 3082115307010000 UNPLATTED --Water Plant
1152 YARD OFFICE RD S10, T02 S, R24 E, C.O.S. 1048, PARCEL 1 D02645 3082110116010000 -1048 Tract 1 Utility Lot
US HIGHWAY 10W S17, T02 S, R24 E, C.O.S. 1055, PARCEL 1, LESS 1.71 AC FOR HWY (17)D02804 3082117207200000 -1055 Tract 1 West Pond
W BEARTOOTH DR S04, T02 S, R24 E, IN N2SW4 LAUREL RESERVOIR D02545 3082104324200000 UNPLATTED --Reservoir
W BEARTOOTH DR S04, T02 S, R24 E, C.O.S. 496, PARCEL 1, AMND D02541 3082104324210000 -496 1st AMD Tract 1 Reservoir
PARK W 12TH ST LAURMAC SUBD AMEND, S09, T02 S, R24 E, BLOCK 14, Lot 1 - 6, AMND (13)B01523 3082109238010000 LAURMAC SUB AMD -BLOCK 14, LOT 4 Park
LAUREL AIRPORT RD S04, T02 S, R24 E, C.O.S. 3162, PARCEL A, TRS A-B, C1, D-E COS 3162 (11)D02525 3082104101010000 -3162 -Cemetery
FIRST AVE S04, T02 S, R24 E, C.O.S. 3287, PARCEL A1, AMD D02523D 03-0821-04-2-01-35-0000 -3287 Parcel A1 Cemetery
1820 LAUREL AIRPORT RD S04, T02 S, R24 E, C.O.S. 1148, PARCEL 1, IN LOT 3 D02524 03-0821-04-2-19-01-0000 -1148 Parcel 1 Cemetery
W 7TH ST S08, T02 S, R24 E, C.O.S. 3397, PARCEL 2, **MULTI-DISTRICT** TR 2 COS 3397
SD 7 - .619 AC SD 07L - 1.282 AC D02583B 03-0821-08-1-05-21-6000 -3397 Tract 2 Stormwater Pond
30' Road ROW deeded to the
city along Yellowstone River
East of Water Plant towards
BBWA headgate.
Documents filed at County approximately 80 years ago. Currently not
platted/shown correctly on Yellowstone County GIS. ---ROW
City Property Located Outside City Limits
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File Attachments for Item:
19. Resolution No. R21-123: A Resolution Of The City Council To Adopt Criteria For Awarding
And/Or Approving Grants For The Laurel Urban Renewal Agency (LURA) Board And City
Council.
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R21-123 Adopt Criteria for LURA Grant Review and Award
RESOLUTION NO. R21-123
A RESOLUTION OF THE CITY COUNCIL TO ADOPT CRITERA FOR AWARDING AND/OR
APPROVING GRANTS FOR THE LAUREL URBAN RENEWAL AGENCY (LURA) BOARD
AND CITY COUNCIL.
WHEREAS, the City Council previously created the Laurel Urban Renewal Agency (LURA),
pursuant to Ordinance No. 08-09 as codified at Title 18, Chapters 18.02 and 18.04 of the Laurel Municipal
Code, to provide input and recommendations regarding the most effective uses of resources gained from
the Tax Increment Finance (TIF) District; and
WHEREAS, the City Council appointed a LURA Board of Commissioners, pursuant to Resolution
No. R08-123, who are responsible for providing guidance and recommendations to the City Council
pursuant to grant programs that were previously created by resolution;
WHEREAS, the City Council has determined that it is appropriate to adopt mandatory criteria for
the LURA Board and City Council to utilize when reviewing and analyzing grant applications under the
previously created LURA grant programs.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that
the LURA Board and City Council shall apply the following criteria when reviewing and awarding LURA
Grants to applicants under the previously approved grant programs:
1. Does the application benefit the public as a whole or just an individual business/property owner?
2. Does the application directly fund public projects or programs?
3. Does the application help to retire public debt?
4. Does the application establish a loan fund to provide financing?
5. Does the application stabilize or renovate publicly owned historic buildings?
6. Does the application construct and/or connect public infrastructure?
7. Does the project improve streetscape and/or public green spaces?
8. Does the project mitigate unsafe decay?
9. Does the project improve accessibility to publicly owned infrastructure?
10. Is the application intended to fund a study, plan or to promote something for the Public benefit?
Introduced at a regular meeting of the City Council on November 23, 2021, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 23rd day of November 2021.
APPROVED by the Mayor this 23rd day of November 2021.
CITY OF LAUREL
___________________________
Emelie, Eaton, Mayor
281
R21-123 Adopt Criteria for LURA Grant Review and Award
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
282
Urban
Renewal
and Tax
Increment
Financing
CDS of Montana
October 5, 2021
283
Workshop
Overview
2
CDS -2021
Purposes of Urban Renewal
Fundamentals of Tax Increment Financing
Laurel URD Summary
District Management
Eligible Projects and Activities
Urban Renewal Experiences Across the State
and Cautionary Tales
Questions and Discussion
284
Statutory Authority for Urban Renewal
“…the prevention and elimination of
[blighted] areas is a matter of state policy
and state concern in order that the state
and its municipalities shall not continue to
be endangered by areas
which…consume an excessive proportion
of its revenues because of the extra
services required for police, fire, accident,
hospitalization, and other forms of public
protection, services, and facilities.” (§7-15-
4202 MCA)
CDS -2021
3
285
Types of URDs4
CDS -2021
Urban Renewal (URD)
Available only within incorporated
cities and towns in areas that
exhibit at least three conditions of
blight
Provides for investments in public
improvements in support of
commercial, industrial and
residential revitalization
Targeted Economic
Development (TEDD)
Available to cities, towns and and
counties in areas that exhibit
public infrastructure deficiencies
Supports value-added economic
development, usually industrial
with limited commercial uses
through investments in public
infrastructure
286
Urban Renewal and Tax Increment
Financing
5
The plan for a URD may include a provision to use Tax
Increment Financing (TIF).
TIF is a state authorized, locally driven funding
mechanism that allows cities and counties to direct
property tax dollars that accrue from new investment
within a URD or TEDD,to development activities within
that district.
TIF is not a special taxing district; it does not add any new
taxes. Rather, it affects the way that incremental
increases in property taxes are distributed once
collected.
Projects and programs that are funded by TIF dollars must
serve a public purpose.CDS -2021
287
BASE
TIF
Start
Date
Increment for
Development
TIF
End
Date
Tax Value for
Distribution
Tax Value for Distribution to Other
Taxing Jurisdictions
Ta
x
a
b
l
e
V
a
l
u
e
Time
How a Tax Increment Finance
Provision (TIF) Works
Base +
Increment
CDS -2021
6
Stagnating
Property
Values
288
The Calculation 7
Assume: $10,000,000 dollars of net
New Appraised Value
Assume: Class 4 commercial
property valued at a tax rate of
1.89% (2021)
Taxable Value = $189,000
Assume: 600 net mills (total mills
minus the six-mill university levy and
any voted mills after TIF effective
date )
Tax Increment = $113,400
CDS -2021 289
Potential Funding Strategies8
TIF dollars can be used to:
Directly fund public projects and programs
Retire debt
Leverage other funding sources, both public and
private.
Funds may be used to establish a revolving loan fund to
provide financing.
Interest rates can be set based on project feasibility.
The revolving fund may continue in perpetuity, even
after the TIF provision has “sunsetted”, but funds must be
used in accordance with the adopted urban renewal
plan.
CDS -2021 290
Laurel URD Summary
Laurel Urban Renewal District created in 2007
City created an urban renewal agency in 2008
Created a Facade Improvement Grant program in 2010
Created Technical Assistance Grant program in 2010
Large Grant Requests Program in 2015
General Small Grant Program in 2019
Issued a 25-year TIF bond in 2020
CDS -2021
9
291
Management of an Urban
Renewal District
Ongoing process of project
identification, analysis and
implementation
Work plan and budget due
when required by local
government
Annual report due by Sept.
30
CDS -2021
10
Identify projects
to be undertaken
and/or continued
in the next fiscal
year (January-
February)
Estimate TIF
dollars available
for the next fiscal
Year (February-
March)
Prepare Work Plan
and Budget for
Upcoming Fiscal
Year (March-
April)
Adopt URD Work
Plan and Budget
(July-August) as
part of the Town
budget
Prepare Annual
Report no later
than September
30 of each year
per
§7-15-4237 MCA
Feedback,
update and
evaluation of
implemented
projects
(Last quarter of
calendar year)
292
Allowable Uses of TIF Funds
Stabilize and/or
renovate
publicly owned
historic buildings
Construct and
connect public
infrastructure
Mitigate unsafe
decay
Improve
streetscapes
and public
green spaces
Improve
accessibility to
publicly owned
infrastructure
Study, plan and
promote
CDS -2021
11
293
Project Evaluation
Criteria
Public purpose
Urban Renewal Plan conformance
Beneficiaries –community or district
vs. business?
Leverage –percent of total project
cost
Partnerships brought to the project
Measurable objectives
Property tax growth
Opportunity cost
Ongoing maintenance requirements
12
CDS -2021 294
Urban Renewal Plan Conformance –Identified
Conditions that Contribute to Blight
13
CDS -2021
Flooding
Storm Drain
System
Inadequacies
Lack of Green
Space
Need for Street
Improvements
Need for
Intersection
Improvements
Lack of
streetlights,
sidewalks, curbs
and gutters
295
Urban Renewal Sample Projects14
Capital improvements
•Water main replacement
•Sewage system expansion pro-rata share
•Repaving/rebuilding streets
•Broadband installations
Branding/Beautification
•Unified street fixtures/colors
•Intersection identification
•Signs and Wayfinding
•Utility box graphics/anti-graffiti
CDS -2021
296
Sample Projects15
Economic development
•Public parking lot construction
•Revolving loan fund
•Historic Façade Improvements
Safety
•HAWK (High Intensity Activated Cross
Walk) light
•Traffic Signals
•Fire hydrant connections
•ADA in publicly owned buildings
CDS -2021 297
CDS -2021
Sample
Projects
16
•Sidewalks
•Streetlights
•Connectivity
•Leveraging LMI grant applications
Neighborhoods
•Acquisition
•Removal
•Resale
Decay
298
Cautionary Tales17
CDS -2021
Questionable
public benefit
“Build it and
they will come”Lack of buy-in
Dependency
on centrally
assessed
taxpayers
Change in
taxable status
Single use
districts
299
Questions and Discussion18
CDS -2021 300
File Attachments for Item:
21. 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.
301
R21-109 Zone Changes NorthWestern Energy Corporation Parcels located near Lindy Lane
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.
WHEREAS, zone changes has been requested in the current zoning designation by
Northwest Corporation d/b/a NorthWestern Energy, the owner of the herein described property
(“Property”) that is located within the City of Laurel’s zoning jurisdiction; and
WHEREAS, the Property consists of two parcels both currently having partial zoning
designations of Heavy Industrial (“HI”) and Agricultural Open (“AP”) which the owner seeks to
have changed to a designation of Heavy Industrial (“HI”) zoning for both parcels of the Property;
and
WHEREAS, it is in the best interests of the residents of the City of Laurel to adopt this
resolution thereby approving the proposed zone changes to provide for an expanded, uniform, and
orderly growth and economic development within the City’s zoning jurisdiction; and
WHEREAS, a duly noticed public hearing was held by the City’s Zoning Commission on
September 15, 2021. The Zoning Commission reviewed and considered the application pursuant
to the criteria contained in the LMC. At the conclusion of the hearing, the Zoning Commission
decided to recommend the approval of the requested zone changes to the City Council subject to
the conditions contained in the Staff Report which is hereby attached hereto and incorporated
herein as part of this resolution; and
WHEREAS, the City Council held a duly noticed public hearing on October 12, 2021. The
City Council gathered testimony and public comment during the hearing from both proponents
and opponents. Based on the evidence presented at the Public Hearings, the recommendation of
the Zoning Commission, and documents submitted by Staff, the City Council has determined the
requested zone changes are in the City’s best interest as detailed in the Zoning Commission and
City Council Records which are incorporated herein as part of this resolution; and
WHEREAS, the City Council hereby adopts the findings contained in the Zoning
Commission Record as well as all items in the Council Record.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Laurel,
Montana, that the zone changes requested by the owner are hereby approved for the Property
described as follows:
302
R21-109 Zone Changes NorthWestern Energy Corporation Parcels located near Lindy Lane
Parcel 1, COS 1239, S15, T02S, R24E
Parcel 2, COS 1677, S15, T02S, R24E
BE IT FURTHER RESOLVED, the Property zoning designations are hereby changed to
Heavy Industrial (“HI”) for both Parcels described above subject to the following conditions:
1. The above Parcels shall be fully included in the City’s Zoning Jurisdiction.
2. The above Parcels shall be classified as Heavy Industrial (“HI”) to be fully within the
Heavy Industrial zoning district.
3. The above Parcels shall have no uses deemed not allowable within the Heavy Industrial
(“HI”) District.
4. Any future changes to zoning for the Parcels shall follow the same process and procedure
required to obtain the zone changes approved herein.
Introduced at a regular meeting of the City Council on October 12, 2021, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day of
October 2021.
APPROVED by the Mayor this 12th day of October 2021.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
303
1
LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Zone Change Request – Northwestern Energy
DATE: September 29, 2021
N/LOCATION:
DESCRIPTION OF REQUEST
A Zone Change application has been submitted by Sanderson-Stewart on behalf of their client,
Northwestern Energy Corporation on August 16, 2021 for their two properties described as:
• Parcel 2, COS 1677, S15, T02S, R24E
• Parcel 1, COS 1239, S15, T02S, R24E
Parcel 1, COS 1239 currently has two zoning designations, half the parcel is Heavy Industrial
(HI), and half is Agricultural Open (AO). Parcel 2, COS 1677 currently has two zoning
designations, approximately a quarter of the parcel is zoned Heavy Industri al (HI), a quarter of
the parcel is zoned Agricultural Open (AO), and half of the parcel lacks a zoning classification.
The Applicant seeks to amend the official Laurel Zoning Map to expand the zoning jurisdiction
to include the entirety of the parcels and provide Heavy Industrial (HI) zoning to the entirety of
the two parcels. Approval of this Zone Change request would amend the Laurel Zoning district
to fully encompass the parcels in question, as well as apply Heavy Industrial (HI) zoning to the
entirety of Parcel 2, COS 1677 and Parcel 1, COS 1239.
Owner: Northwestern Corporation
Legal Description: S15, T02 S, R24 E, C.O.S. 1677, PARCEL 2
Legal Description: S15, T2S, R24E, C.O.S. 1239, PARCEL 1 (CENTRALLY ASSESSED)
Address: Lindy lane (Approximate)
Parcel Size: 44.179 Acres (total)
Existing Land Use: Power Generation (Parcel 1), Agricultural (Parcel 2)
Existing Zoning: Heavy Industrial (HI), Agricultural Open (AO), unzoned
Proposed Land Use: Heavy Industrial (HI)
/LOCATION:
304
2
BACKGROUND AND PROCEDURAL HISTORY
• February 23, 2021 – Contractors for Northwestern Energy begin conversations with the
Planning Department regarding amending the zoning of parcels.
• March 23, 2021 – City Staff provide data and details on the quality of water within the
City water system as well as other utility data.
• May 17, 2021 – Sanderson Stewart staff contact City Planning Dept inquiring on the
process for re-zoning the parcels in question.
• May 18, 2021 – City Staff provide all information on the Zone Change process to
Sanderson Stewart and explain the process.
• August 16, 2021 – Zone Change Application packet submitted to the City Planning
Department.
• September 15, 2021 – Public Hearing took place at the Laurel City-County Planning
Board for review as per the criteria in the Laurel Municipal Code. The Planning Board
voted to approve the Zone Change request with the conditions stated within this staff
report.
• October 12, 2021 – Public Hearing scheduled in front of the Laurel City-Council.
• Subsequent governing Body Action to follow as necessary.
STAFF FINDINGS
1. August 16, 2021 - The Applicant submitted a physical and digital copy of the Zone
Change application
2. The Application contains all necessary items to move forward in review process.
3. The applicant is requesting a zone change for the above identified parcels to Heavy
Industrial (HI).
4. The applicant has stated their goal of installing a power generation station that will
generate 175-megawatts from natural gas in order to reinforce current power system
capacity.
5. The parcels in question are already partially zoned as Heavy Industrial (HI).
6. The surrounding area to the immediate west is zoned Heavy Industrial (HI) and is used
for those purposes by CHS Inc. as a petroleum refinery and by the City of Laurel as a
Sewer Treatment Facility.
7. The current use of Parcel 1 as a public utility service installation is allowable within the
Heavy Industrial (HI) zoning classification.
8. The proposed use of Parcel 2 as a public utility service installation is allowable within the
Heavy Industrial (HI) zoning classification.
PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance
with the provisions of this chapter, and after a public hearing at which the application shall
305
3
be presented to the zoning commission by the planning director together with his findings
and conclusions on the matter. A report of the commission's recommendation and the
planning director's findings and conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public
hearings and meetings, which shall be published and available to the public, as well as
conflict of interest rules, to ensure that no member is entitled to vote on a matter in which
he has an interest directly or indirectly.
RECOMMENDATIONS
The Planning Director recommends that the Planning Board and Zoning Commission approve
the zone change request and grant action on the application not to exceed thirty days for:
• Parcel 2, COS 1677, S15, T02S, R24E
• Parcel 1, COS 1239, S15, T02S, R24E
The Zone Change approval specifically notes that:
1. The parcels in question shall be fully included within the Laurel Zoning Jurisdiction.
2. The parcels in question shall have their zoning classification changed to fully be within
the Heavy Industrial (HI) zoning district.
3. The parcels in question shall have no use on them which are not deemed allowable
within the Heavy Industrial (HI) zoning district.
4. Any future change of zoning for said parcels shall follow the same process as this
approval.
ATTACHMENTS
1. Zone Change Request Letter and Justification
2. Zone Change Application Form
3. Aerial Parcel Maps for effected properties
4. Aerial Parcel Map with concept drawing of proposed use
5. Site Concept Plan for proposed use
6. Declaration of Covenants and Conditions
7. LMC 17.20 – Commercial-Industrial Use Regulations
8. LMC 17.72 – Amendments
306
July 23, 2021
Mr. Nick Altonaga, CFM
Planning Director
City of Laurel
PO Box 10
Laurel, MT 59044
Reference: Zone Map Amendment Application
NorthWestern Energy Laurel Generating Station
Dear Mr. Altonaga:
On behalf of NorthWestern Energy Corporation, please accept our application for a Zone Change
Request for the following two properties:
o Parcel 2, COS 1677, S15, T02S, R24E
o Parcel 1, COS 1239, S15, T2S, R24E
The properties are currently zoned Heavy Industrial (HI) and Agricultural Open Space (A1). The
requested zoning is Heavy Industrial (HI) for both properties. Please note that the Laurel Zoning
Jurisdiction splits Parcel 2, and with this application we are requesting that the City of Laurel adjust
the jurisdiction line so that it encompasses all of Parcel 2.
NorthWestern Energy has identified a need for a new energy generation station. Planned retirements
of electric assets in the Pacific Northwest region exceed 3,600 MW and the Northwest Power and
Conservation Council forecasts regional capacity shortfalls as early as 2021. NorthWestern’s
continued reliance on the market to purchase energy to fill the gap during peak customer demand
will significantly increase price and reliability risk for NorthWestern’s customers because of the
reduced energy supply availability.
In order to close the gap between our electricity generation and our customers’ demands, the Laurel
Generating Station will be developed to generate 175-magawatt from natural gas.
307
Mr. Nick Altonaga
July 23, 2021
Page 2
The location offers access to adequate, uncongested electric transmission and adequate natural gas
supply. This land use will be consistent with the adjacent heavy industrial uses represented by the
CHS Refinery and Laurel Water Treatment.
In support of this application, the following documents are included:
1. Application Form
2. Area Exhibit
3. Existing Zoning Exhibit
4. Proposed Zoning Exhibit
5. Site Plan of Generating Station
6. Adjacent Property Owner List and Mailing Labels
7. Property Covenants
8. Application Fee
Should you require any additional information, please do not hesitate to contact me. I can be
reached at (406) 922-4313 or lwaterton@sandersonstewart.com.
Sincerely,
Lauren Waterton, AICP
Associate/Senior Planner
Enc.
cc: Roy Ishkanian, NorthWestern Energy
308
Page 3 of 4
CITY HALL
115 W. 1ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
Zone Change Request
The Undersigned as owner or agent of the following described property requests a Zone Change
as outlined in the City of Laurel Zoning Ordinance.
Current Zoning District (if zoned):
Proposed Zoning District:
Legal Description of the Property:
Address or General Location:
Owner(s)/Applicant(s):
Name:
Address:
Phone:
Email:
Name:
Address:
Phone:
Email:
309
I
Agent( s )/Representative( s):
Name: Sanderson Stewart, Attn: Lauren Waterton
Address: 1300 N. Transtech Way, Billings, MT 59102
Phone: 406-922-4313
Email: lwaterton@sa ndersonstewa rt .com
Purpose/Reason for Zone change:
In order to meet the needs of customer's energy needs, NorthWestern Energy
will construct an energy generating station using natural gas supply.
The land use is consistent with adjacent heavy industrial uses (CHS Refinery, Laurel
Water Treatment Plant)
I understand that the application fee accompanying this application is non-refundable, that it pays
the cost of processing, and that the fee does not constitute a payment for a zoning change
approval. I further certify that all the information presented on this application and its supporting
documentation is true and correct.
Agent and/or Representative Signature: __________________ _
Date:
Page 4 of 4
310
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Zone Change Parcels
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312
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C.O.S. 1677, PARCEL 2
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Return recordeddocument to:
CHS Inc.
P.O.Box 909
Laurel,MT 59044
DECLARATION OF COVENANTS AND CONDITIONS
This DECLARATION OF COVENANTS AND CONDITIONS (this
"Declaration")ismade effectiveas of the 1Ithday of May,2021,by CHS INC.,a Minnesota
cooperativecorporation,whose post officeaddressisP.O.Box 64089,SaintPaul,Minnesota
55164-0089 (hereinafter"CHS");and NORTHWESTERN CORPORATION,a Delaware
corporation,d/b/a NORTHWESTERN ENERGY with an addressof 11 East Park Street,
Butte,MT 59701-1711 (hereinafter"NorthWestern").
WITNESSETH
WHEREAS,CHS isthe owner of those certaintractsor parcelsof land situatedin
Yellowstone County,Montana,identifiedcollectivelyas the "BenefittedParcels"on the attached
ExhibitA,and as legallydescribedon the attachedExhibitB;and
WHEREAS,NorthWestern isthe owner of thatcertaintractor parcelof land situated
in Yellowstone County,Montana,identifiedas the "Burdened Parcel"(and togetherwith the
BenefittedParcels,the "Parcels")on the attachedExhibitA,and as legallydescribedon the
attachedExhibitC.
NOW,THEREFORE,in considerationof the agreements,easements,covenants,
conditionsand restrictionscontained in thisDeclaration,CHS and NorthWestern do hereby
establishand declare that the Parcels shall be owned,held,and conveyed,subject to the
agreements,easements,covenants,conditionsand restrictionssetforthin thisDeclaration.Upon
recordationof thisDeclaration,any conveyance,transfer,sale,hypothecation,assignment,lease
or subleasemade by NorthWestern or CHS,or by any owner of any portionof the Parcelsshallbe
and isdeemed to incorporateby referencethe provisionsof thisDeclaration,as the same may from
time to time be amended,and each owner,by acceptanceof the conveyance of any portionof the
Parcels,and each occupant by itsuse and occupancy of any portionof the Parcelsshallbe bound
by the provisionsof thisDeclaration.
1.PlantConstructionand Operation.
(a)The Burdened Parcelmay be used forthe constructionand operationof a
nominal 175 MW gas-fired,electric-generatingplant(the"Plant")consistingof eighteen,9.7
MW classCaterpillarG20CM34 naturalgas reciprocatinginternalcombustion engines (RICE)
316
and associatedbalance of Plantequipment in fullcompliance with allapplicablelaws and
regulations.
(b)Priorto making any submission to the Montana Department of
Environmental Quality(the"MDEQ")pursuantto Title17,Chapter 8,Subchapters7,8 or 12 of
the AdministrativeRules of Montana relatingto the construction,operationor maintenance of
the Plant(includingany revision,modificationor supplement thereto,each,an "MDEQ
Submission"),NorthWestern shallprovide to CHS a copy of the MDEQ Submission and CHS
shalldeterminewhether the operationof the Plantpursuantto the provisionsinthe MDEQ
Submission willadverselyaffectthe BenefittedParcelsor CHS's activitiesconducted or to be
conducted upon the BenefittedParcels.CHS shallhave 10 businessdays followingthe receiptof
the MDEQ Submission to eitherprovide writtenconsentor objectionthereto.IfCHS objects,
the partiesshallworiccollectivelyto discusschanges to the MDEQ Submission thatwould
addressCHS's objectionand resultin CHS's consent.NorthWestern shallnot submit the
MDEQ Submission to the MDEQ without the priorwrittenconsentof CHS,which consent shall
not be unreasonablywithheld or delayed.IfCHS shallfailto respond to NorthWestern within
such 10-businessday period,then CHS shallbe deemed to have consented to the MDEQ
Submission.
(c)Any development or constructionon the Burdened Parcelthatdeviates
from the layoutof the Plantsetforthon ExhibitD shallrequirethe priorwrittenconsent of CHS.
(d)Following the constructionand commissioning of the Plantand in accord
with the Montana Air QualityPermit issuedto constructthe Plant,NorthWestern shallsubmit an
applicationto MDEQ fora TitleV OperatingPermit in accordance with the terms and
proceduressetforthin Section 1(b),and NorthWestern shalloperatethe Plantin compliance
with any TitleV Operating Permit issuedby MDEQ.
(e)Following the constructionand commissioning of the Plant,the Plant shall
be suppliedwith naturalgas through the repurposedByron Pipeline.Any proposed change to the
naturalgas supply to the Plantfrom any source otherthan the repurposedByron Pipelineshall
requirethe priorwrittenapprovalof CHS.
2.PublicGrant.Nothing containedhereinshallbe used or construedas a grantof
any rightsto any publicor governmental authorityor agency.
3.Notices.Any noticeor othercommunication requiredor permittedto be given
hereunder shallbe in writingand shallbe mailed to the applicablepartyby certifiedor registered
mail,postageprepaid,or nationallyrecognizedovernightcourier,and shallbe consideredgiven
upon receipt,addressedas follows:
CHS Inc.
5500 Cenex Drive
Inner Grove Heights,MN 55077
Attn:General Counsel;
2
317
CHS Inc.Laurel Refinery
P.O.Box 909
Laurel,MT 59044
Attn:VP Refining;and EH&S Manager
a+
NorthWestern Corporation
d/b/aNorthWestern Energy
11 East Park Street
Butte,MT 59701-1711
Attn:General Counsel;and
Vice-PresidentSupply
Addresses may be changed by givingnoticeof such change to the otherparty inthe
manner provided herein.Unless and untilsuch writtennoticeisreceived,the lastaddressgiven
shallbe deemed to continuein effectforallpurposes.
4.Successors,Duration.The agreements and restrictionscontainedhereinand
the rightsgrantedhereby shallrun with the titleto the respectiveParcelsand shallbind and inure
to the benefitof the partiesheretoand theirrespectiveheirs,successors,and assigns.Unless
otherwisecanceled or terminated,thisDeclarationand allof the easements,rightsand
obligationshereof shallbe perpetualunlessprohibitedby applicablelaw,in which case this
Declarationshallremain in effectforthe maximum amount of time allowed by law but in no
event fewer than one hundred (100)years.
5.Amendment.This Declarationmay only be amended,modified or
supplemented by a writingsigned by each partyhereto;provided thatCHS may unilaterally
amend ExhibitsA and B heretosolelyto remove any tractor parcelof land from the Benefitted
Parcelshereunder,and shallthereafterdeliverto NorthWestern such amended ExhibitsA and B,
which amended ExhibitsA and B may be unilaterallyrecorded by CHS.NorthWestern shall,if
requestedby CHS,execute and deliveran instrumentin recordableform effectingan amendment
to ExhibitsA and B solelyto remove any tractor parcelof land from the BenefittedParcels.
6.Headings.The headings of the paragraphscontainedhereinare intendedfor
referencepurposes only and shallnot be used to interpretthe agreements containedhereinor the
rightsgrantedhereby.
7.Counterparts.This Declarationmay be executed in one or more counterparts,
includingby facsimileor otherelectronicmeans,allpartiesneed not be signatoriesto the same
documents,and allcounterpartsigned documents shallbe deemed to be an originaland one and
the same instrument.
[Signaturepages follow.]
3
318
IN WITNESS WHEREOF,CHS has executed thisDeclarationthis day of
4 ,2021.
CHS INC.,.
a Minnesota cooperatiye'borpoy4tion
Name:John Traeger
Title:SeniorVice President
ATTEST:
Name:Helene Dreyling
Title:AssistantSecretary
ACKNOWLEDGEMENTS
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
This instrumentwas acknowledged beforeme this day of May ,
2021,by J#An Thre4e ,as Sch*Vict &¢.d48f CHS Inc.,a Minnesota cooperative
corporation,for and on behalfof saidMinnesota cooperativecorporation.
WITNESS MY HAND and notarialsealsubscribedand affixedin saidCounty and State,
the day and year in thiscertificateabove written.
B
NotaryPublic-Minnesota
N ry Pubhc w--v.am
My Commission Expires:3 .
Signaturepage to Declarationof Covenants and Conditions
319
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
This instrumentwas acknowledged beforeme this /p day of /|Adid ,
2021,by Helene Dreyling,as AssistantSecretaryof CHS Inc.,a Minnesota coo"perative
corporation,for and on behalfof saidMinnesota cooperativecorporation.
WITNESS MY HAND and notarialsealsubscribedand affixedin saidCounty and State,
the day and year in thiscertificateabove written.
By:.JULIA D.HURD
No Public .NotaryPublic-Minnesota
My Comtnission Expires:
Signaturepage to Declarationof Covenants and Conditions
320
IN WIT WHEREOF,NorthWestern has executedthisDeclarationthis
NORTHWESTERN CORPORATION,
a Delaware corporation
d/b/aNorthWestern Energy
By:
Name:ion .
Title2vtsM 4Û.ADC)
ACKNOWLEDGEMENT
STATE OE )
)SS
COUNTY OF )
This instrumentwas ac wiedged beforeme thisÉ day of A.4 ,
2021,by .Ad ,as denk +0..coof NorthWestern Corporati ,a
Delaware corporation,d/b/aNorthWestern Energy,forand on behalfof saidDelaware
corporation.
WITNESS MY HAND and notarialsealsubscribedand affixedin saidCounty and State,
the day and year in thiscertificateabove written.
By:x i À.A.
Notary Public *E 8.
My Commission Expires:37 O OTARP
SEAL }
*·PUBL\C
pn
Signaturepage to Declarationof Covenants and Conditions
321
EXHIBIT A
SitePlan Showing the Parcels
See attached.
ExhibitA to Declarationof Covenants and Conditions
322
323
EXHIBIT B
Legal descriptionof the BenefittedParcels
See attached.
ExhibitB to Declarationof Covenants and Conditions
324
EXHlBIT
B
ParcellD
PropertyID
Owner
County
LegelDescription
PropertyAddress
PropertyC/5/Z
OwnerAddress
OwnerCity
OwnerState
OwnerZipCo
03082116305160000
252077
CHSINC
VeNowstone
S16,T02$,R24E,C.011254,PARCEL98LK2,AMD
403BADGERSQ
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
1
03082115201010000
252000
CHSINC
VeHowstone
515,T025,R24E,S2NW(LESSHWY)
78.91AC
607BERNHARDTRD
LAUREt,MT59044
POBOX909
LAUREt.
MT
59044-0909
03082116309010000
252093
CHSINC
Yellowstone
$16,T02S,R24E,CO.S.12S4,PARCEL48LK3,AMD
SO4BADGERSQ
LAUltEL,MT59044
POBOX909
LAURE
MT
590444909
03082116309040000
252089
CHS
INC
Yellowstone
S16
T02
S,R24
E,C.O.S.
1254,
PARCEL
1BLK
3,AMD
1974
DETROITER
TITLE:
M656081
TAXED
W
402
BADGER
SQ
LAUREL,
MT
59044
PO
BOX
909
LAUREL
MT
S9044·0909
03082116407050000
227374
CHSINC
Yellowstone
S16T025,R24E,
244,PARCEL38,2NDAMND
USHIGHWAY2125
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044·0909
03082116309050000
252090
CHSINC
Yellowstone
516,T025,R24E,C011254,PARCEL2BLK3,AMD
410BADGER$Q
LAUREL,MTS9044
POBOX909
LAUREL.
MT
59044·0909
03082116407060000
227373
CHSINC
Yellowstone
516,T025,R24E,C01244,PARCEL3A,AMND
1111USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREt
MT
59044-0909
03082116407100000
227371
CHSlNC
Yelbwstone
$16,T025,R24E,C01244,PARCEL1.AMND
1043USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116207010000
229499
CHSINC
Yelbwstone
RUSSELLSUBD,516,1025R24E,BLOCK2,Lot1.3,&FRACLT4-6SOFHWV
POBOX909
LAUREL
MT
59044-0909
03082116905250000
252088
CHSINC
Yelbwstone
$16,T025,R24E,C,011254,PARCEL19BtK2,AMD
53SBADGERSQ
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116318020000
252039
CHSINC
Yelbwstone
516,T02S,R24E,FRACS1/2NWNESW1/4
YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116320010000
229498
CHSINC
Velbwstone
RUSSELLSUBD,S16,T025,R24E,BLOCK1,tott-12
USHtGHWAY212$
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116415050000
252027
CHSINC
Velbwstone
516,T025,R24E,N2NENESE4
USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082115201100000
251998
CHSINC
YeNowstone
$15,7025,R24E,FRACN2NW50FHWY(LESSC/51142&1291)
POBOX909
LAURE
MT
590444909
03082116101010000
252017
CHSBNC
VeHowstone
S16,702$,R24E,CO,S,969,3.59ACRES
CHSUSIWGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116312010000
252036
CHSINC
VeHowstone
$16,T02$,R24E,CO.S.994,PARCEL1,&TR2
YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116317250000
252045
CHSINC
VeHowstone
S16,T025,R24E,C011604,PARCEL1,AMND
YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116401010000
252034
CHSINC
Yellowstone
S16,T02S,R24E,C.01952,PARCEL2
USHIGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
59044·0909
03082116409010000
252029
CHSINC
Yellowstone
S16,T02S,R24E,C.013225,PARCELA,FRACSE4(LE55,04ACHWY)&TRACOS3225102.217
8030SHIGHWAY212S
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044·0909
03082120101010000
2S2170
CHSINC
Yellowstone
520,T025,R24E,$ENWNESWE2NESWNE&tOTS1TO3
293.78ACRES
1843STRECKLN
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116301010000
252032
CHSINC
Yellowstone
S16,T025,R24E,525WSW4
SSTHAVE
UWUREt,MT59044
POBOX909
LAUML
MT
59044.0909
03082116317050000
2S2050
CHSINC
Yellowstone
S16,T02S,R24E,C011222,PARCELA2,AMND
605S9THST
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116404200000
252030
CHSINC
Yellowstone
516,T025,R24E,C01804
1303NUTTINGRD
LAUREL,MT59044
POBOX909
LAUREL
MT
590440909
03082116407080000
227372
CHSINC
YeHowstone
$16,T025,R24E,C.01244,PARCEL2
USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
030B2115101150000
251994
CHSINC
Yelbwstone
$15,T025,R24E,N2NE(SOFHWY)
POBOX909
LAURE
MT
59044-0909
03082116102020000
252014
CHSINC
Yelbwstone
516,T02ER24E,C.O.S.993,PARCEL1
CH5USHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044,0909
03082116315010000
252035
CHS
INC
Velbwstone
$16,
T025,
R24
E,N2SENESW4
&FRAC
NENESW4
LESS
HWY
PO
BOX
909
LAUREL
MT
59044-0909
03082116317010000
252049
CHSINC
Velbwstone
S16,T025,R24E,C011676,PARCEti,NWSW4
830VELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116407020000
227378
CH5INC
VeHowstone
S16,T02$,R24E,C01244,PARCEL6
USHIGHWAY212S
LAUREL,MTS9044
POBOX909
LAUREL
MT
590440909
03082115201150000
251999
CHSINC
VeHowstone
515,T02S,R24E,CO.S.1142,PARCEL1,AMND
PO90X909
lAUREL
MT
59044.0903
03082116101020000
263125
CHSINC
VeHowstone
S16,T025,R24E,CO.S.188
CHSUSHIGHWAY2125
LAUREL,MT59044
POBOX909
LAUREL
MT
59044.0909
03082116206010000
229S02
CHSINC
Yellowstone
RUSSELLSUBD,516,T02S.R24E,8LOCK3,FRACOFBLK3RUSSELSUBSOF1-90,450AC(98)
S6THST
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116910010000
252043
CHSINC
VeHowstone
516,7025,R24
E,N2NWSESW4
1017YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116917100000
252051
CHSINC
YeRowstone
S16,T025,R24E,C011222,PARCELA1,AMDTR1
$9THST
LAUREL,MT59044
POBOX909
.LAUREL
MT
590444909
03082116318010000
252040
CHSINC
Yelbwstone
S16,702SR24E,C01430
801YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082115101010000
251997
CHSINC
Yellowstone
S15,T025
R24E,52NEEXC1424X305.09'At0NGNUNE
POBOX909
LAUREL
MT
590444909
03082116102010000
252018
CHSINC
Yellowstone
$16,T025,R24E,C01939,1,01ACRES
CHSUSHlGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116313010000
252041
CHSINC
Yellowstone
S16,T025,R24E,CD11856,PARCELA,SW4
951YELLOWSTONEAVE
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044-0909
I
03082116313150000
252042
CH5INC
Yellowstone
S16,T025,R24E,CD11856,PARCELB,5W4
833YELLOWSTONEAVES
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082116407030000
227376
CH5INC
Yellowstone
S16,T025,R24E,C01244,PARCEL5
1127USHIGHWAY212S
LAUREL,MT59044
POBOX909
LAUREL
MT
59044.0909
03082116407040000
227375
CHSlNC
Yellowstone
S16,T025,R24E,COS244,PARCEL4,&3C2NDAMD,11035SQFT
(05)
1123USHIGHWAY212$
LAUREL,MT59044
POBOX909
LAUREL
MT
590444909
03082121201010000
252172
CHSINC
Yellowstone
S21,T025,R24E,LOTSITO3N2NW185,2AC
130BNUTTINGRD
LAUREL,MT59044
POBOX909
LAUREt
MT
59044.0909
03082116305240000
252087
CHSINC
Yelbwstone
$16,T025,R24E,C011254,PARCEL18BLK2,AMD
527BA0GERSQ
LAUREL,MT59044
POBOX909
LAUREL
MT
59044,0909
03082116306010000
252038
CHSINC
YeHowstone
$16,T025,R24£,C.012087,PARCEL1,SESW
TELLOWSTONEAVES
LAUREL,hlTS9044
PO90X909
LAURR
MT
59044,0909
03082116309030000
252095
CHSINC
Yelbwstone
$16,T025,R24E,C,0.5.1254,PARCELGBLK3,AMD
1104YELLOWSTONEAVES
LAUREL,MTS9044
POBOX909
LAURR
MT
59044,0909
03082116319010000
229520
CHSINC
YeHowstone
SHEETSSUBD,$16,T025,R24E,BLOCK3,Loti-3,(LESSHWY)LT9-16(LESSHWY)
YELLOWSTONEAVES
LAUREL,MTS9044
POBOX909
LAUREL
MT
59044.0909
03082115307020000
252006
CHSINC
Yelbwstone
$15,T02S.R24E,NWSW,FRACLTSS&4(LESS2.5ACCITVOFLAUREL&COS1998)94.51AC
627BERNHARDTRD
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116303010000
252033
CHSINC
Velbwstone
$16,T025,R24E,CO1952,PARCEL1
SBTHAVE
LAUREL,MT59044
POBOX909
LAUREL
MT
59044-0909
03082116305020000
252069
CHSINC
Yelbwstone
S16,T02S.R24E,C.011254,PARCEL2BLK2,AMD
1118BOBCATDR
LAUREL.MT59044
POBOX909
LAUREL
MT
59044-0909
03082116404010000
252031
CHSINC
Yellowstone
S16,T02S.R24E,FRACS2$2SE
POBOX909
LAUREL,
MT
590444909
03082116407010000
227379
CHSINC
Velbwstone
S16,T02S.R24E,C.01244,PARCEL7
1205USHlGHWAY310
LAUREL,MT59044
POBOX909
LAUREL
MT
59044.0909
325
EXHIBIT C
Legal descriptionof the Burdened Parcel
See attached.
ExhibitC to Declarationof Covenants and Conditions
326
Exhibit C
That partof the Southeastquarterof Section 15,Township 2 South,Range 24 East,of the
PrincipalMontana Meridian,describedas Tract2,of Certificateof Survey No.1677 on filein the
officeof the Clerk and Recorder of Yellowstone County,Montana,under Document No.1056543.
16398463_v3
327
EXHIBIT D
PlantLayout
See attached.
16384356_v8
ExhibitD to Declarationof Covenants and Conditions
328
Exhibit
D
-
Page
1
of
2
Note:
Plant
layout
and
property
boundary
are
shown
in
approximate
locations.
Plant
layout
will
be
added
to
the
property
survey
at
a
later
date
and
an
updated
drawing
will
be
provided.
-
-
-
-
Approximate
Property
Boundary
on
mmmmmmtmmm
329
eeeeeeeee®®®®®®®®®®®®®®®®®®®®®®®®®
330
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Accessory buildings or uses incidental and customary to a permitted
residential use and located on the same parcel as the permitted
residential use
A A A A A A A A A
Airports A A
Alcoholic beverages manufacturing and bottling (except below): A A
1,500 to 5,000 31-gallon barrels per year SR SR SR A A
Less than 1,500 gallon barrels per year A A A A A
Ambulance service A A A A A A
Antique store A A A A
Appliance - (household) sales and service A A A A A
Assembly halls and stadium SR SR SR SR
Assembly of machines and appliances from previously prepared parts SR SR SR SR
Auction house, excluding livestock SR SR A A A
Auction, livestock SR
Automobile sales (new and used) A A A A
Automobile - commercial parking enterprise A A A A A
Automobile and truck repair garage A A A A A
Automobile service station A A A A A A
Automobile wrecking yard SR
Bakery products manufacturing SR A A A
Bakery shops and confectioneries A A A A A
Banks, savings and loan, commercial credit unions A A A A A
Barber and beauty shops A A A A A
Bed and breakfast inns A A A A
Bicycle sales and repair A A A A A
Blueprinting and photostating A A A A A
Boarding and lodging houses A A A A
Boat building and repair A A A
Boat sales new and used A A A A
Boiler works (manufacturing servicing) A
Boiler works (repair and servicing) A A
Book and stationery store A A A A A
Bottling works A A
Bowling alleys A A A A
Brick, tile or terra cotta manufacture A
Bus passenger terminal buildings local and cross country A A A A
Bus repair and storage terminals A A A
Camera supply stores A A A A A
Camps, public SR A A
Car washing and waxing A A A
Car wash - coin operated A A A A A
Cement, lime and plastic manufacture A
Ceramics shop SR A A A A A
Chemical and allied products manufacture A
Child care facilities A A A A
Churches and other places of worship including parish houses and Sunday
school building
A SR A A A A A A
Clinic, animal A A A A A A
Clinics, medical and dental SR A A A A A
Clothing and apparel stores A A A A A
Coal or coke yard A
Cold storage A A A
Colleges or universities A A A A A
Commercial recreation areas SR A A A
331
17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Commercial food products, storage and packaging SR A A
Communication towers (commercial) A A A A A A A A SR
Concrete mixing plants and manufacturing of concrete products A A
Construction contractors:
Office A A A A A A
Open storage of construction materials or equipment SR A A
Community residential facilities:
Adult foster family care home A A A A
Community group home A A A A
Halfway house A A A A
Youth foster home A A A A
Youth group home A A A A
Nursing, homes, convalescent homes, orphanages, and charitable
institutions
A A A A
Crematorium SR A A SR
Creameries, dairy products manufacturing A A
Creosote manufacturing or treatment plants A
Department stores A A A A
Drug stores A A A A A
Dry kiln A
Dwellings: single-family Manufactured home A A A A A
Class A, Class B, Class C
two family A A A
multiple family A A A
row housing SR SR SR
Eating and drinking establishments:
Cocktail lounge, restaurants, bars and taverns SR SR SR SR
Restaurants (without the sale of alcoholic beverages) A A A A
Drive-in restaurants SR SR SR
Extractive industries - excavations of sand and gravel SR SR
Farm implements, sales and service A A A
Fat rendering or production of fats and oils SR
Feedlots – livestock A SR
Feed and seed processing and cleaning for retail purposes
Feed and seed - farm and garden retail sales A A A
Fertilizer manufacturing SR
Fertilizer wholesale sales SR SR A
Fertilizer - retail sales A A A
Florist, wholesale sales SR A A A
Florist, retail sales A A A A A
Flour mills SR SR
Food products manufacturing, storage and processing SR SR A
Food stores (retail only) A A A A
Food stores (retail only) - 3000 sq. ft. A A A A A
Foundry A
Frozen food lockers A A A
Fuel oil, gasoline and petroleum products bulk storage or sale A A A
Furnace repair and cleaning A A A A
Furniture and home furnishings, retail sales A A A A A
Furriers, retail sales and storage A A A A A
Gambling establishments A A A A
Garbage, offal and animal reduction or processing SR
Garbage and waste incineration SR
Gas storage SR
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17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Gases or liquified petroleum gases in approved portable metal containers
for storage or sale
A A A
Grain elevators A SR SR A
Greenhouses A A A A A
Hardware, appliance and electrical supplies, retail sales A A A A
Hatcheries A SR SR
Heliports SR SR SR SR SR
Hobby and toy stores A A A A A
Hospitals (for the care of human patients) A A A A A
Hospital, animal A SR SR A A A
Hotels A A A
Industrial chemical manufacture except highly corrosive, flammable or
toxic materials
SR
Irrigation equipment sales and service A A A A
Jails and penal institutes A
Janitor service A A A A
Jewelry and watch sales A A A A A
Kennels – commercial A SR A A
Laboratories for research and testing SR A A
Landfills - reclamation or sanitary A
Laundries, steam and dry-cleaning plants A A
Laundries, steam pressing, dry-cleaning and dyeing establishments in
conjunction with a retail service counter under 2500 sq. ft. in size
A A A A A
Laundries, pick up stations A A A A A
Laundries, self-service coin operated A A A A A
Libraries, museums, and art galleries A A A A A A
Lock and gunsmiths A A A A A
Lodges, clubs, fraternal and social organizations provided that any such
club establishment shall not be conducted primarily for gain
A A A
Lumber yards, building materials, storage and sales A A A
Machine shops SR A A
Manufacturing - light manufacturing not otherwise mentioned in which
no excessive fumes, odors, smoke, noise or dust is created
SR A A
Heavy manufacturing not otherwise mentioned or blending or mixing
plants
SR SR
Meat processing - excluding slaughter plants SR A
Meat processing, packing and slaughter SR
Medical marijuana cultivation facility or cultivation facility A A
Medical marijuana dispensary or dispensary A
Metal fabrication SR SR A
Motorcycle sales and repair A A A A
Mortuary A A A A A
Motels and motor courts A A A
Music stores A A A A A
Office building, professional government and private office buildings in
which no activity is carried on catering to retail trade and no stock of
goods is maintained for sale
SR SR A A A A A A SR
Office equipment, supplies and service A A A A A
Optician and optical supplies and sales A A A A A
Oxygen manufacturing and/or storage A
Paint and body shops A A A A A
Paint and retail sales A A A A A
Parking, public SR A A A A A A A
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17.20.010 - List of uses.
Table 17.20.010 designates the special review (SR) and allowed (A) uses as governed by commercial — industrial use
regulations.
AG RP NC CBD CC HC LI HI P
Parks, playgrounds, playfields and golf courses, community center
buildings - operated by public agency, neighborhood or homeowner's
association
A SR A
Pawn shops A A A A
Pet shops A A A A A
Photographic studios SR A A A A A
Planing or saw mills A
Post-secondary school A A A A A A A
Prefabricated building materials assembly and manufactures SR A A
Preschool A SR SR SR
Printing, publishing, reproduction and lithography A A A A A
Processing of previously slaughtered meats, including cutting, wrapping,
and freezing by freezer and locker provisioners
A A A A
Public utilities service installations SR SR SR A A A A A SR
Public utilities storage yard A A A SR
Radio and TV broadcasting stations A A A A A
Radio and TV tower A A A SR
Railroad yard A A
Real estate office A A A A A
Rental service store and yard A A A
Repair and servicing of industrial equipment and machinery A A A
School, commercial A A A A A
Scrap yards - storage and processing A
Secondhand stores and/or antique store A A A A
Sheet metal shops and processing A A
Shoe repair A A A A A
Sign manufacturing, painting and maintenance A A A
Sign
Billboards SR SR SR SR
On premises A SR A A A A A A
Off premises SR SR SR SR SR SR
Slaughterhouse SR SR
Sporting goods sales A A A A
Storage, compartmentalized storage for commercial rent SR SR
Storage and warehouse and yards SR A
Stone cutting, monuments manufacturing and sales SR A
Sugar and sugar beet refining SR
Swimming pools or beaches, public A
Taxi stands A A A A
Theaters, cinema, opera houses A A A
Drive-in theaters SR
Tire recapping and retreading A A A
Trailer and recreational vehicle sales area A A A
Travel trailer park (transient) SR
Truck terminals, repair shops, hauling and storage yards A A A
Water and sewage treatment plant A A
Wholesale and jobbing establishments SR A A
Woodworking shops, millwork SR A A
Zoo, arboretum SR A
(Ord. No. O09-01, 3-17-09; Ord. No. O09-07, 7-7-09; Ord. No. O11-01, 2-15-2011; Ord. No. O-14-03, 8-5-2014)
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17.20.020 - Zoning classified in districts.
Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020.
(Prior code § 17.32.020)
(Ord. No. O-14-03,8-5-2014)
Zoning Requirements A RP* NC* CBD* CC* HC LI HI P
Lot area requirements in square feet,
except as noted, 20 acres
20
acres
NA NA NA NA NA NA NA NA
Minimum yard requirements:
Front (a) NA 20 20 NA 20 20 20 20 20
Side (b) 0 0 0 0 0 0 0
Side adjacent to street 10 10 10 10 10 10 10
Rear (b) 0 0 0 0 0 0 0
Maximum height for all buildings (c) NA 25 25 NA 25 45 70 NA NA
Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50
Minimum district size (expressed in acres) 20
acres
2.07 2.07 2.07 2.07 2.07 2.07 2.07 NA
(NA means not applicable)
*The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the
same as those in the RLMF residential zoning district.
(a) Arterial setbacks
(b) Side and rear yards
(c) Except as provided in the airport zone
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Chapter 17.72 - AMENDMENTS
Sections:
17.72.010 - Purpose of provisions.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or
classification of property on the zoning map, as set forth in this chapter.
(Prior code § 17.84.010)
17.72.020 - Amendment procedure.
Amendments to the text of the title and/or changes in the zoning boundaries or classification of
properties shown on the zoning map may be initiated by the city council on their own motion, or upon
recommendation of the planning board but no amendment shall become effective unless it shall have
been submitted to the zoning commission for review and recommendation. Before enacting an
amendment to this title, the city council shall give public notice and hold a public hearing thereon.
(Ord. 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.025 - Amendment by private property owner.
Amendments to the zoning boundaries or classification of property shown on the zoning map may be
initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission
secretary of a zoning change application, which application shall be provided by the zoning commission
secretary, and accompanied by all other materials and data required in the application.
(Ord. 01-4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.030 - Preapplication conference required.
Persons or parties interested in submitting an application for a zoning change shall consult with the
planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning
change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans
being prepared by the planning department, and whether the proposed change is in conformance with
public necessity, convenience, general welfare and good zoning practice.
(Prior code § 17.84.030)
17.72.040 - Application requirements.
A. Unless initiated by the city council or planning board, all applications for official map amendments must
be submitted by the owner of such property, the contract purchaser, or the authorized agent of the
owner. An application for an amendment affecting the same property shall not be submitted more often
than once every twelve months. The zoning change application shall contain the following information:
1. Name of applicant;
2. Mailing address;
3. Telephone number;
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4. Accurate legal description of location;
5. Nature of zoning change requested;
6. Description of present land uses;
7. Description of adjacent land uses;
8. Statement of intended land use;
9. Statement concerning any expected effect upon the adjacent neighborhood;
10. Date of preapplication conference;
11. Names and addresses of adjacent property owners, within three hundred feet;
12. Signature of applicant;
13. Payment of all applicable fees.
B. An application for amendment to the official map shall be made on or before five p.m. of the first day
of the month preceding the date of the public hearing before the zoning commission. When the date
of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m.
C. An application for a zone change may not be withdrawn or amended after the legal advertising, as
required by this section, has appeared for final public hearing before the city council. An applicant may
be allowed to withdraw at the time of the zoning commission hearin g by a majority vote of the members
present without requiring council approval of the withdrawal and without prejudice with respect to the
twelve month waiting period providing, however, that no application be allowed to be withdrawn more
than once within the twelve month period after application shall have first been submitted.
(Prior code § 17.84.040)
17.72.050 - Planning department evaluation responsibility.
The planning director, upon receiving an application for rezoning of an area or a particular place of
property shall do the following:
A. Consult with other departments of the city or county to fully evaluate the impact of any zoning
change upon public facilities and services including, but not limited to schools, drainage, traffic
and related facilities;
B. Study each application with reference to its appropriateness and effect on existing and proposed
land use, and references to the comprehensive plan;
C. In the case of a protest petition filed in the matter of any application for rezoning determine the
validity of such petition;
D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel -
Yellowstone city-county planning board at least fifteen days in advance of the time and place of
the public hearing;
E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public
hearing of the time and place of such hearing;
F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the
property subject to the rezoning; of the time, date, place of the public hearing and the existing
and proposed classification. Further, he may notify property owner s within a radius of more than
three hundred feet if he determines that the proposed use of the property would have substantial
environmental impact on surrounding land uses;
G. The planning director shall report his findings and conclusions in writing t o the zoning
commission, which report shall be a matter of public record.
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(Ord. 01-4 (part), 2001; prior code § 17.84.050)
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance w ith the
provisions of this chapter, and after a public hearing at which the application shall be presented to the
zoning commission by the planning director together with his findings and conclusions on the matter.
A report of the commission's recommendation and the planning director's findings and conclusions
shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduc t of public hearings and
meetings, which shall be published and available to the public, as well as conflict of interest rules, to
ensure that no member is entitled to vote on a matter in which he has an interest directly or indirectly.
(Prior code § 17.84.060)
17.72.070 - Public hearing—Notice required.
A. Before taking action on an application for an amendment to the official map, and after presentation of
the zoning commission's recommendation, the city council shall hold a public hearing on the
application.
B. The recommendations of the zoning commission shall be published twice in a newspape r of general
circulation in the jurisdictional area of the Laurel-Yellowstone city-county planning board, and not less
than fifteen days after the first publication of such notice, a final hearing shall be held at the next regular
meeting of the city council.
C. When such proposed amendment has been denied by the city council neither it nor one involving the
same tract(s) shall be offered for adoption within one year after such denial.
D. In case, however, of a valid protest petition against such change sign ed by the owners of twenty per
centum or more either of the lot included in such proposed change, or of those immediately adja cent
in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof
within the same block, or of those directly opposite thereof extending one hundred fifty feet from the
street frontage of such opposite lots, such am endment shall not become effective except by the
favorable vote of three-fourths of all the members of the city council.
(Ord. 01-4 (part), 2001; prior code § 17.84.070)
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