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HomeMy WebLinkAboutCouncil Workshop Packet 02.01.2022 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, FEBRUARY 01, 2022 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items 1. Appointment of Forrest Sanderson as interim City Planner, Flood Plain Administrator, and conditions outlined in the task order with KLJ Engineering as per Resolution R18-12. Executive Review 2. Resolution - A Resolution Of The City Council Approving An Application For Special Review For J. Johnson Properties Authorizing The Operation Of Lucky Louie’s, A Bar And Casino, Within An Existing Structure Located At 305 South 1st Avenue, City Of Laurel. 3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With Meridian Law PLLC For The Provision Of Civil City Attorney Legal Services For The City Of Laurel. Council Issues Other Items Review of Draft Council Agendas 4. Reivew Draft Council Agenda for February 8, 2022. Attendance at Upcoming Council Meeting Announcements The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 1 File Attachments for Item: 2. Resolution - A Resolution Of The City Council Approving An Application For Special Review For J. Johnson Properties Authorizing The Operation Of Lucky Louie’s, A Bar And Casino, Within An Existing Structure Located At 305 South 1st Avenue, City Of Laurel. 2 R22-___ Approval of Special Review – 305 South 1st Avenue, Laurel, Montana RESOLUTION NO. R21-__ A RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR SPECIAL REVIEW FOR J. JOHNSON PROPERTIES AUTHORIZING THE OPERATION OF LUCKY LOUIE’S, A BAR AND CASINO, WITHIN AN EXISTING STRUCTURE LOCATED AT 305 SOUTH 1ST AVENUE, CITY OF LAUREL. WHEREAS, J. Johnson Properties (“Applicant”), submitted a Special Review Application for the above-described property which is currently zoned Highway Commercial (HC) and is located within the Community Entryway Zoning District (CEZD) within the City of Laurel; and WHEREAS, the Applicant is the property owner who desires to renovate an existing structure located at 305 South 1st Avenue for the purpose of operating a bar and casino to be known as Lucky Louie’s; and WHEREAS, the Laurel Municipal Code authorizes such action upon City Council approval through the Special Review Procedure; and WHEREAS, the Applicant submitted an application for special review to the Laurel-Yellowstone City-County Planning Board (acting as the Zoning Commission) for review and consideration. The Planning Board (Zoning Commission) recommends the City Council’s approval of the application for special review, subject to the following conditions: 1. Any applicable permits, including but not limited to building permits, sign permits, and right-of-way permits must be applied for within twelve (12) months of the approval. 2. A signage plan shall be provided to the Planning and Building Departments that conforms to the requirements of the Laurel Sign Code and signage requirements of the overlay districts wherein the property is located. 3. Construction of any improvements to the site and building must be completed within twelve (12) months of special review approval. Applicant may request an extension if necessary. 4. The operation of the business at the site shall not constitute a nuisance. 5. Any use of the property not specifically included in this approval or allowable within its underlying zoning district shall be deemed a violation of the laurel Zoning Code. 6. Any subsequent use or change of use associated with this special review shall submit additional documentation to the City for subsequent processing and approval or denial. WHEREAS, a public hearing was held on ______________ at the City Council Meeting; WHEREAS, the City Council of the City of Laurel hereby finds, based on the recommendation of the Zoning Commission, Staff recommendation, and public comment gathered at the public hearing, that it is in the best interests of the residents of the City of Laurel to approve the application for special review as provided in the Staff Report and Findings attached hereto, subject to the above stated conditions. 3 R22-___ Approval of Special Review – 305 South 1st Avenue, Laurel, Montana NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the application for special review to allow the Applicant to operate a bar and casino on the property located at 305 South 1st Avenue, Laurel, Montana; and BE IT FURTHER RESOLVED, that the approval of the application for special review is site specific to this address, and the approval granted herein is subject to the conditions listed in this resolution and the Staff Report. FINALLY, BE IT RESOLVED, the Application, Staff Report and all attachments thereto are hereby incorporated as part of this resolution. Introduced at a regular meeting of the City Council on ____________, 2022, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of _______________, 2022. APPROVED by the Mayor this __ day of ___________, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 4 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board and Zoning Commission FROM: Nicholas Altonaga, Planning Director PROJECT: Special Review Application for Lucky Louie’s (305 S. 1st Ave) DATE: December 3, 2021 N/LOCATION: DESCRIPTION OF REQUEST An application for Special Review was submitted by J Johnson Properties for the property at 305 S. 1st Avenue in Laurel. The property owner plans to renovate the currently vacant commercial building to operate a bar and casino. The property is located within the Highway Commercial (HC) zoning district, as well as the Community Entryway Zoning District (CEZD) and the SE 4th Street Overlay District. The Laurel Municipal Code requires all cocktail lounges, restaurants, bars and taverns located in the Highway Commercial (HC) zoning district to go through the Special Review process prior to the start of operations. An approval of the special review application would allow the operation of a cocktail lounge, bar, or tavern on the location in addition to the proposed casino. Owner: J Johnson Properties LLC Legal Description: HAGEMAN SUBD, S16, T02 S, R24 E, BLOCK 4, Lot 15 - 18, W100' LTS 15- 18 & 30' X 100' VAC 3RD ST S Address: 305 S 1st Ave, Laurel, MT 59044 Parcel Size: 15,000sqft Existing Land Use: Commercial, currently vacant building Proposed Land Use: Casino and Bar with full-service liquor license. Existing Zoning: Highway Commercial (HC), Community Entryway Zoning District (CEZD), SE 4th Street Overlay District /LOCATION: BACKGROUND AND PROCEDURAL HISTORY • Autumn, 2020: Initial conversations begin between Planning Department and Louie Carranco, of Lucky Louie’s (located at 117 E. Main Street) about relocating his business to 305 S. 1st Avenue. 85 2 • Intermittent discussions take place between Planning Department and Louie Carranco regarding the requirements for relocating his business to 305 S. 1 st Ave. • Planning Department review codes and provide clarification to Louie regarding the procedural requirements. • September 8, 2021: Planning Department contacted by assistant for developer regarding the land use requirements of the property at 305 S. 1st Ave. • September 9, 2021: Planning Department provide the codes and forms regarding the special review procedure including the application form, co mmercial zoning and use requirements, and schedule of fees. • October 20, 2021: Special Review Application submitted to the Laurel Planning Department. • December 15, 2021: Public Hearing scheduled at the Planning Board and Zoning Commission for the Special Review. STAFF FINDINGS • The applicant has submitted an application for the operation of a bar and tavern at the property of 305 S 1st Avenue in conjunction with the operation of a casino. • The application contains all the necessary information to move forward to review by Planning Board and City Council. • The proposed used of the building as a bar and/or tavern conforms with a previous use as a restaurant that offered beer and wine to customers. • The building is located in close proximity to other establishments operating as casinos with beverage licenses. • The applicant seeks to relocate their current gaming and bar operation from 117 E. Main St. to 305 S. 1st Ave. • The applicant seeks to renovate a currently vacant commercial building and place it into productive use. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA LMC 17.68 – Special Review Procedures, contains the review criteria for the decision-making process for Special Review applications. A. After presentation to the zoning commission of the request for special review by the applicant, the zoning commission shall make a recommendation to the city council to: 1. Grant the application for special review; 2. Deny the application; 3. Delay action on the application for a period not to exceed thirty days; or 4. Grant the application subject to conditions and recommendations and give the reasons therefor. B. Before approving a special review use, the zoning commission shall find that the contemplated use(s): 96 3 1.Complies with all requirements of this section; 2.Is consistent with the objectives and purposes of this title and the Laurel comprehensive planning process; 3.Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects; 4.Further the zoning commission shall consider and may impose modifications or conditions concerning, but not limited to the following: a.Street and road capacity, b.Ingress and egress to adjoining streets, c.Off-street parking, d.Fencing, screening and landscaping, e.Building bulk and location, f.Usable open space, g.Signs and lighting, h.Noise, vibration, air pollution and similar environmental influences. The following actions are to be taken by City Council: 17.68.50 - City council action. A.Before taking action on an application for special review, and after presentation of the zoning commission's report, the city council may hold a public hearing on the application. B.The zoning commission may recommend to the council whether to hold a public hearing or not. In the event the city council holds its own public hearing on the application, then the recommendations of the zoning commission and the notice of public hearing before the city council shall both be published twice in the newspaper of general circulation in the jurisdictional area of the Laurel-Yellowstone city-county planning board with the first publication being at least fifteen days prior to the hearing. RECOMMENDATIONS The Planning Director recommends the Planning Board and Zoning Commission approve the Special Review with the following conditions: 1.Any applicable permits, including but not limited to building permits, sign permits, and right-of-way permits must be applied for within twelve (12) months of special review approval. 2.A signage plan shall be provided to the Planning Department and Building Department that conforms to the requirements of the Laurel Sign Code and signage requirements of the overlay districts wherein the property is located. 3.Construction of any improvements to the site and building must be completed within twelve (12) months of special review approval with the ability to request an extension. 4.The operation of the site shall not be done in such a manner as to be a nuisance. 107 4 5.Any use of the property not specifically included in this approval or allowable within its underlying zoning district shall be deemed a violation of the laurel Zoning Code. 6.Any subsequent use or change of use associated with this special review shall submit additional documentation to the City for subsequent processing and approval or denial. ATTACHMENTS 1.Special Review Application Packet and Form 2.Site Overview 3.Adjacent Property Owners List (300ft) 4.Adjacent Property Owners Map (300ft) 5.Mailing Labels 6.LMC 17.68 – Special Review Procedures 7.Public Notice for Special Review Public Hearing 118 1 2 9 1 3 1 0 1 4 1 1 1 5 1 2 1 6 1 3 1 7 1 4 1 8 1 5 1 9 1 6 ABS MT-O LLC B00447 205 S 1ST AVE LAUREL, MT 59044 ABS MT-O LLC B00447 205 S 1ST AVE LAUREL, MT 59044 ABS MT-O LLC B00447 205 S 1ST AVE LAUREL, MT 59044 FOX LUMBER SALES INC D02724 203 E RAILROAD ST LAUREL, MT 59044 FOX LUMBER SALES INC D02724 203 E RAILROAD ST LAUREL, MT 59044 FOX LUMBER SALES INC D02724 203 E RAILROAD ST LAUREL, MT 59044 INNOVATIVE PROPERTIES LLC B03221 B03222 2040 CLAIM CREEK RD BOZEMAN, MT 59715-6718 INNOVATIVE PROPERTIES LLC B03221 B03222 2040 CLAIM CREEK RD BOZEMAN, MT 59715-6718 INNOVATIVE PROPERTIES LLC B03221 B03222 2040 CLAIM CREEK RD BOZEMAN, MT 59715-6718 J JOHNSON PROPERTIES LLC B00454 305 S 1ST AVE LAUREL, MT 59044 J JOHNSON PROPERTIES LLC B00454 305 S 1ST AVE LAUREL, MT 59044 J JOHNSON PROPERTIES LLC B00454 305 S 1ST AVE LAUREL, MT 59044 JOE-JOE'S LLC B01393A 220 S 1ST AVE LAUREL, MT 59044 JOE-JOE'S LLC B01393A 220 S 1ST AVE LAUREL, MT 59044 JOE-JOE'S LLC B01393A 220 S 1ST AVE LAUREL, MT 59044 LAUREL 1 RE2 LLC B01391 312 S 1ST AVE LAUREL, MT 59044 LAUREL 1 RE2 LLC B01391 312 S 1ST AVE LAUREL, MT 59044 LAUREL 1 RE2 LLC B01391 312 S 1ST AVE LAUREL, MT 59044 LAUREL 2 RE LLC B01388 306 S 1ST AVE LAUREL, MT 59044 LAUREL 2 RE LLC B01388 306 S 1ST AVE LAUREL, MT 59044 LAUREL 2 RE LLC B01388 306 S 1ST AVE LAUREL, MT 59044 LOCOMOTION FITNESS CENTER INC B01401 122 S 1ST AVE LAUREL, MT 59044 LOCOMOTION FITNESS CENTER INC B01401 122 S 1ST AVE LAUREL, MT 59044 LOCOMOTION FITNESS CENTER INC B01401 122 S 1ST AVE LAUREL, MT 59044 LOCOMOTIVE INN & CASINO INC B01392 310 S 1ST AVE LAUREL, MT 59044 LOCOMOTIVE INN & CASINO INC B01392 310 S 1ST AVE LAUREL, MT 59044 LOCOMOTIVE INN & CASINO INC B01392 310 S 1ST AVE LAUREL, MT 59044 MARVIN DEVELOPMENT OF MONTANA B00451A 119 SE 4TH ST LAUREL, MT 59044 MARVIN DEVELOPMENT OF MONTANA B00451A 119 SE 4TH ST LAUREL, MT 59044 MARVIN DEVELOPMENT OF MONTANA B00451A 119 SE 4TH ST LAUREL, MT 59044 2017 PEKOVICH, GREG & BECKY B01393B 216 S 1ST AVE LAUREL, MT 59044 PEKOVICH, GREG & BECKY B01393B 216 S 1ST AVE LAUREL, MT 59044 PEKOVICH, GREG & BECKY B01393B 216 S 1ST AVE LAUREL, MT 59044 PIONEER PLAZA CONDOMINIUM B03022M 112 S FIRST AVE LAUREL, MT 59044 PIONEER PLAZA CONDOMINIUM B03022M 112 S FIRST AVE LAUREL, MT 59044 PIONEER PLAZA CONDOMINIUM B03022M 112 S FIRST AVE LAUREL, MT 59044 S&G COMMERCIAL HOLDINGS LLC B03044 203 SE 4TH ST LAUREL, MT 59044 S&G COMMERCIAL HOLDINGS LLC B03044 203 SE 4TH ST LAUREL, MT 59044 S&G COMMERCIAL HOLDINGS LLC B03044 203 SE 4TH ST LAUREL, MT 59044 STOKKE, SAMUEL & LORNA B01402A 116 S 1ST AVE LAUREL, MT 59044 STOKKE, SAMUEL & LORNA B01402A 116 S 1ST AVE LAUREL, MT 59044 STOKKE, SAMUEL & LORNA B01402A 116 S 1ST AVE LAUREL, MT 59044 SUPERPUMPER INC B00448 411 S 1ST AVE LAUREL, MT 59044 SUPERPUMPER INC B00448 411 S 1ST AVE LAUREL, MT 59044 SUPERPUMPER INC B00448 411 S 1ST AVE LAUREL, MT 59044 TOWN & COUNTRY SUPPLY ASSOCIATION B00452 315 S 1ST AVE LAUREL, MT 59044 TOWN & COUNTRY SUPPLY ASSOCIATION B00452 315 S 1ST AVE LAUREL, MT 59044 TOWN & COUNTRY SUPPLY ASSOCIATION B00452 315 S 1ST AVE LAUREL, MT 59044 WELLS, COLLEEN A & B00450 209 S 1ST AVE LAUREL, MT 59044 WELLS, COLLEEN A & B00450 209 S 1ST AVE LAUREL, MT 59044 WELLS, COLLEEN A & B00450 209 S 1ST AVE LAUREL, MT 59044 WENDAUREL LLC B00451 309 S 1ST AVE LAUREL, MT 59044 WENDAUREL LLC B00451 309 S 1ST AVE LAUREL, MT 59044 WENDAUREL LLC B00451 309 S 1ST AVE LAUREL, MT 59044 Laurel Planning Department 115 W. 1st St. Laurel, MT 59044 Laurel Planning Department 115 W. 1st St. Laurel, MT 59044 Laurel Planning Department 115 W. 1st St. Laurel, MT 59044 Laurel Planning Department 115 W. 1st St. Laurel, MT 59044 Laurel Planning Department 115 W. 1st St. Laurel, MT 59044 Laurel Planning Department 115 W. 1st St. Laurel, MT 59044 2118 PUBLIC HEARING NOTICE The Laurel City-County Planning Board and Zoning Commission will conduct a public hearing on a Special Review Application submitted by Tavern Partners, DBA Lucky Louie’s Tavern and Casino. The Planning Board has scheduled the public hearing for 5:35 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Wednesday, December 15, 2021. Tavern Partners plans to relocate the current Lucky Louie’s Tavern from its location at 117 E. Main Street to 305 S. 1st Avenue. A Special Review Approval by the City Council is required for any cocktail lounge, restaurant, bar, or tavern within the Highway Commercial (HC) zoning district that the property in questions is located. Additionally, the City Council shall schedule a subsequent public hearing to make a final decision on the Special Review application after Planning Board has met and submitted their recommendations to the City Council. Public comment is encouraged and can be provided in person at the public hearing on December 15th. Public comment can also be made via email to the Pla nning Director, or via letter to the Planning Department office at 115 West 1st Street Laurel, MT 59044. A copy of the Special Review Application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5302, or via email at cityplanner@laurel.mt.gov. Run on: 11/26/2021 12/3/2021 12/10/2021 2219 Chapter 17.68 - SPECIAL REVIEW PROCEDURE Sections: 17.68.010 - Purpose of provisions. Although each zoning district is primarily intended for a predominant type of use, there are a number of uses which may or may not be appropriate in a particular district depending upon all the circumstances of the individual case. For example, the location, nature of the proposed use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, all may indicate that the circumstances of the development should be individually reviewed. It is the intent of this section to provide a system of review of such uses so that the community is assured that the uses are compatible with their locations and with surrounding land uses, and will further the purpose of this title and the objectives of the Laurel comprehensive planning process. (Prior code § 17.88.010) 17.68.020 - Application requirements. An application for a special review may be filed by the property owner, contract purchaser, or his authorized agent. The application shall be filed with the zoning commission secretary and shall be submitted under the following conditions: A. The application shall include, but not be limited to the following information: 1. A legal and general description of the tract(s) upon the special review use is sought; 2. A map showing the dimensions, acreage and location of the tract(s); 3. The name and addresses of the owner(s) of the tract(s) and their agents, if any and the names and addresses of property owners of record within three hundred feet of the property for which a special review has been requested; such list of property owners shall be so certified by the county clerk and recorder's office; 4. A site plan showing major details of the proposed development including but not limited to, the location of proposed and existing buildings and structures; off-street parking and loading; service and refuse areas; means of ingress and egress; landscaping; screening; signs and open space areas; 5. A time schedule for development; 6. Any other information the applicant believes will support his request. B. An application for a special review 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. (Ord. 94-15, 1994; prior code § 17.88.020) 17.68.030 - Evaluation responsibility—Consultation—Notification. The planning director, upon receiving an application for a special review of an area or a particular place of property shall do the following: 2320 A. Consult with other departments of the city or county to fully evaluate the impact of any special review 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. Advertise twice in a newspaper of general circulation in the jurisdictional of the Laurel- Yellowstone city-county planning board at least fifteen days in advance of the time and place of the public hearing; D. Notify, by mail, the applicant or his authorized agent at least five days prior to the date of the public hearing of the time and place of such hearing; E. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the property subject to the special review of the time, date, place of the public hearing and the existing and proposed classification. Further, he may notify property owners within a radius of more than three hundred feet if he determines that the proposed use of the property would have a substantial environmental impact on surrounding land uses; F. After the public hearing and as part of the public record, the planning director shall report his findings, conclusions and recommendations to the zoning commission. (Ord. 94-16, 1994; prior code § 17.88.030) 17.68.040 - Zoning commission action. A. After presentation to the zoning commission of the request for special review by the applicant, the zoning commission shall make a recommendation to the city council to: 1. Grant the application for special review; 2. Deny the application; 3. Delay action on the application for a period not to exceed thirty days; or 4. Grant the application subject to conditions and recommendations and give the reasons therefor. B. Before approving a special review use, the zoning commission shall find that the contemplated use(s): 1. Complies with all requirements of this section; 2. Is consistent with the objectives and purposes of this title and the Laurel comprehensive planning process; 3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects; 4. Further the zoning commission shall consider and may impose modifications or conditions concerning, but not limited to the following: a. Street and road capacity, b. Ingress and egress to adjoining streets, c. Off-street parking, d. Fencing, screening and landscaping, e. Building bulk and location, f. Usable open space, g. Signs and lighting, h. Noise, vibration, air pollution and similar environmental influences. (Ord. 94-17, 1994; Ord. 953, 1989; prior code § 17.88.040) 2421 17.68.050 - City council action. A. Before taking action on an application for special review, and after presentation of the zoning commission's report, the city council may hold a public hearing on the application. B. The zoning commission may recommend to the council whether to hold a public hearing or not. In the event the city council holds its own public hearing on the application, then the recommendations of the zoning commission and the notice of public hearing before the city council shall both be published twice in the newspaper of general circulation in the jurisdictional area of the Laurel-Yellowstone city- county planning board with the first publication being at least fifteen days prior to the hearing. (Ord. 94-18, 1994; prior code § 17.88.050) 2522 0 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, DECEMBER 15, 2021 5:35 PM CITY COUNCIL CHAMBERS 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. 1. Roll Call The Chair called the meeting to order at 5:35PM Jon Klasna Ron Benner Gavin Williams Evan Bruce Roger Giese Dan Koch Judy Goldsby Nick Altonaga (City of Laurel) The Chair announced the agenda change to place Chens Express before the North Western Energy Discussion. General Items 2. Approve Meeting Minutes: November 17, 2021 Board members reviewed the minutes. Ron Motioned to Approve the minutes from the meeting on November 17, 2021. Evan Seconded. Motion Carried. 3. Public Hearing: Lucky Louie's Special Review The Chair called for Proponents. The Chair called for Proponents. John Johnson, 1917 Rusting Court, Casper, Wyoming. Owner of the Building, and also a partner of Louis Carrano with Tavern Partners. Want to speak in favor of the project. Would like to have the 3rd condition of approval be changed to “Have started within 6 months of special review approval.” 23 Another issue with the timeframe is that we still have to have approval by the state. The Department of Justice and the State need to sign off and approve it as well. Ron: Will there be any food service? John: Very limited kitchen and food service. Want to make sure that it will be limited to bar and casino and not a bar, casino, restaurant. It will be very limited, not a restaurant with full service. Limited service area of about 8 seats. Roger: One of the recommendations and discussion items has it as ingress and egress. Will there be additional ingress and egress created to the neighboring site? None planned at this time. No major site work is being done. The Bar in this location will be a service bar, not a full-on bar for customers. It will have full beverage service available but limited seating. Judy: What will the hours of operation be? Hours of operation will be 8am-12am. Ron: The Bar downtown will close? What will be done with it? John: We have a verbal agreement with a gentleman down the street who will take over the space. The Chair Called for Proponents. The Chair called for Opponents. The Chair called for Opponents. The Chair called for Opponents. There being none, the Chair closed the public hearing. Forrest Sanderson, KLJ: Suggest taking up the 1-year limit and impose the ability of an extension. Board members discussed amending the recommendation of a 1-year development timeframe. Gavin Motioned to Approve the Special Review for Lucky Louie’s with the amended Recommendations as discussed. Evan Seconded. Roger Giese Opposed. Motion Carried. 4. Plan Review: City-Brew / Chen's Express Nick Presented the amended plan for the City Brew / Chens Express Ron: Will there be a pedestrian walkway to the ATM? This is very problematic as not everyone has a car. Also problematic for Larger vehicles heading into the parking areas. 24 Ron: Trash Enclosure? Nick explained the encroachment permit that was approved last night Ron: Parking issues, ATM Island, and multiple lanes of traffic will be very problematic. I think cars are going to get all over. Can we put an addendum that the Police won’t have to attend to any accidents here? Not sure how they will deal with traffic here. Where is the overflow parking for large vehicles or how will the developer deal with vehicles with trailers? Ron Motioned to table the plan review until January and invite the developer to present it then. Jon Seconded. Motion Carried. 5. Staff Update The Planning Director announced that his last day with the city of Laurel will be January 21st, 2022. Karen Courtney the Building Official will be taking over the day to day items with Forrest Sanderson at KLJ assisting with the larger projects. 6. Discussion: Northwestern Energy Zone Change Ron Motioned to Adjourn the meeting to hold a work session. Evan Seconded. Motion Carried. Meeting adjourned at 6:05pm. Ron recommended to send our standing decision back to City Council. We should not be forced to make the decision. Ron left the meeting due to a prior engagement. Forrest Sanderson, KLJ. Inc. was present to summarize the findings regarding the NW Energy Zone Change. You have a comprehensive record. We did not yet address the statutory criteria in the MCA. (Just those in the LMC). We MUST address the items in MCA regarding the zone change. There is no proof that those 11 items were addressed. In 32 years, it is the first time a AGB has decided to NOT go through the official process and build the record. Through a quick run-back through the record I have prepared a comprehensive list of findings for each. The public is entitled and should be invited to participate in the public process and the findings. Even through a quick search we have prepared a significant list. I recommended that the City Council remand the review of the item to the Planning Board. We must review the Zone Change criteria and findings and adopt conclusions. 25 We must prove that we have reviewed the record, we have reviewed the findings, and can state that our decision is based upon those. Tasking for Nick: Is NWE still interested in the zone change process? They must affirm or drop the zone change. If they don’t respond to us, assume they are still interested. We must invite them to the Public Hearing in January. Request to the Board is in two parts: 1. I need you to review the record (Summary of findings) 2. If you have additional findings, SEND THEM TO NICK We want to have all findings available for the Public Hearing. Charge the public: Review the summary of findings, email Nick with any further findings. We will come to a conclusion for each and every one of those 11 questions. Next issue to address: After the public hearing, Councilman McGee. Councilman McGee asked the question whether the Council or Commissioners were the appropriate body. Who is the appropriate body? There is a statutory process for amending the zoning jurisdiction and it has not been followed. Does the City of Laurel have the legal authority to assign zoning? The City Attorney is going to have to make a decision on that. It does not matter who the appropriate governing body is, but this is the planning board that has the power over this portion of review process. That is crystal clear. No matter who the governing body is, they will review the findings and conclusions prepared by the Laurel City-County Planning Board. Going through the findings and public process shall show that we completed our requirements. Does the Board have any questions for it? Dan: Doesn’t the City have authority 1-mile out for zoning? Forrest: There are some specific prohibitions for zoning outside city limits. There are some specifics for the zoning area. Dan: Maybe there were some things that were done wrong in the past. The answers we find for this item. Our question to Yellowstone County: has YC adopted Zoning under 76-2-2 MCA? Our record will be complete, defensible, developed through an open, fair, and transparent process, and will be sent to the appropriate governing body. Judy: The determination of the appropriate governing body would not impact our review of findings? Forrest: Correct. Dan: Could the Commissioners override our decisions? 26 Forrest: Yes Dan: Then why are we not doing it backwards? To figure out who the appropriate GB is? Forrest: No, we started the process and must finish it correctly. Assumptions were made during this process that blocked the underlying questions. We are going to find who the appropriate governing body is and shall send our recommendations to them. We are dealing with Private Property and Private Property rights. This decision directly deals with impacts to private property. Let’s navigate the process with this in mind. Dealing with both sides of the issue, both For and Against. Can we have a meeting before the 19th to meet on the findings? Must provide notice. Thou shalt not meet in private. • Make sure the public is aware • Make sure they are afforded the opportunity to attend • Ensure that if they are working on their tasking, that you are as well Want to ensure that things are open, fair, and transparent. If NW Energy withdraws their application, IN WRITING, we are done. Everything stops. Evan: Can an EPA or DEQ agent come in and speak with us regarding this issue? Yes, but the DEQ agent would provide details on a different set of questions than what we have under our review. We would start to mix regulatory mandates, and it is all relevant, but might not all belong as part of this process. If you believe you have heard testimony that gives you pause, in regard to property values impacted, and the presentation from DEQ would answer that question, they will be required by law to show up and answer your questions. All state agencies are required to attend a meeting when requested in order to answer questions. They are good at attending. But we need to know in advance to invite them. Dan: There should be a better way of having the public be aware of the hearings and processes. They were not aware of the process and that we did not have sufficient information. Forrest: We have struggled for years to get people to know about meetings and information. We do more than most communities to get the word out. Follow what the code says, publish the notices. Dan: The local paper tracks it. It is incumbent upon the public to attend meetings. In all due respect to Dr. Benner, We must deal with this for the city, for the public. Steve Krum, 249 24th Ave West, Laurel, MT 59044 One thing through the process is that the public has come in and voiced a lot of thoughts and feelings and ideas. It has come through the health and safety and environment. 27 Dan brought up and I agree that it is the Public’s responsibility to attend meetings. The YC News is not the proper location for public notices to be sent. It is not published within the statutory area for the Board. We are missing a big opportunity to reach out to the public by not publishing in the Outlook. Forrest: The paper of record is set by the Governing Body. We are just living with the decision. Jon: With that in mind, can we direct someone to request that our notices be put in Laurel’s paper? Nick can forward the request to have our notices in both. Carol Blades 1805 Denidas Lane. I DO read the Outlook. I like that you are giving us a second chance for contact on this issue. Asked what is the role for Forrest? Can we contact you directly? Forrest: No, primary contact is with Nick who then contacts me if necessary. Jon: Would like to see a specific list of the 11 questions. Where can I find those? Forrest explained the document with the findings. I-XI findings and conclusions, followed by the 6 questions posed by Nick and Forrest. The Roman Numerals are the statutory questions, followed by the questions posed by staff. If we hear about Yellowstone County, WE DO NOT CARE, we only care about our jurisdiction. To deviate from that puts us on a path that is untenable and indefensible. Where our decision goes, it does not matter, and has no impact on the decision-making process. You serve the county and the city of Laurel in equal measure. We are still going to deal with the application, as we are the appropriate board. Jon: We need to decide whether NW Energy wants to proceed or they want to withdraw? If the answer is full-stop, it should be front page above the fold news. We would want to have a 1-minute comment period per person at the end of the work session. In the interim between the 5th and the 19th, send it in as an email, it is the fastest way to get it into the record. Carol Blades: Have been prolific in letter writing to the editor, but has not included them with City Council as they were longer than 3 minutes. New Business Old Business Other Items 28 7. Adjourn Dan Motioned to adjourn the work session. Gavin Seconded. Motion Carried. Meeting Adjourned at 7:15pm Announcements 8. Next Meeting: January 19, 2022 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 29 File Attachments for Item: 3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With Meridian Law PLLC For The Provision Of Civil City Attorney Legal Services For The City Of Laurel. 30 R22-__ Approve Agreement with Thompson Painter Law PC RESOLUTION NO. R22-__ A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH MERIDIAN LAW PLLC FOR THE PROVISION OF CIVIL CITY ATTORNEY LEGAL SERVICES FOR THE CITY OF LAUREL. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement between the City of Laurel and Meridian Law, PLLC, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor and the City Clerk of the City of Laurel are hereby given authority to execute the Agreement on behalf of the City. Introduced at a regular meeting of the City Council on ____________, 2022, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of _______________, 2022. APPROVED by the Mayor this __ day of ___________, 2022. CITY OF LAUREL ___________________________ Dave Waggoner, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 31 File Attachments for Item: 4. Reivew Draft Council Agenda for February 8, 2022. 32 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, FEBRUARY 08, 2022 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R18-XX NEXT ORD. NO. O18-XX WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of January 25, 2022. Correspondence 2. Fire Monthly Report - January 2022 3. Police Monthly Report - January 2022. 4. Building Department Monthly Report - January 2022. Council Disclosure of Ex Parte Communications Public Hearing 5. Public Hearing - Luck Louies 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 February 4, 2022. 7. Approval of Payroll Register for PPE 1/23/2022 totaling $190,982.99. Ceremonial Calendar 8. Sargent Pinning Ceremony Reports of Boards and Commissions 9. Park Board Minutes of January 6, 2022. 10. Laurel Urban Renewal Agency Minutes of October 18, 2021. 11. City/County Planning Board Minutes of October 20, 2021. 33 12. City/County Planning Board Minutes of November 17, 2021. 13. City/County Planning Board Minutes of December 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 14. Appointment of Forrest Sanderson as interim City Planner, Flood Plain Administrator, and conditions outlined in the task order with KLJ Engineering as per Resolution R18-12. 15. Resolution - A Resolution Of The City Council Approving An Application For Special Review For J. Johnson Properties Authorizing The Operation Of Lucky Louie’s, A Bar And Casino, Within An Existing Structure Located At 305 South 1st Avenue, City Of Laurel. 16. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign An Agreement With Meridian Law PLLC For The Provision Of Civil City Attorney Legal Services For The City Of Laurel. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 34