HomeMy WebLinkAboutCouncil Workshop Minutes 01.04.2022MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, JANUARY 04, 2022
A Council Workshop was held in Council Chambers and called to order by Council President
Eaton at 6:29 p.m. on January 4, 2022.
COUNCIL MEMBERS PRESENT:
Emelie Eaton
_x_ Heidi Sparks
x Michelle Mize
x Richard Herr
x Scot Stokes
x Iry Wilke
x Richard Klose
x Bill Mountsier
OTHERS PRESENT:
Public Input:
Steve Krum, 249 24`}' Street W., congratulated the new Mayor and City Council Members. He
read the attached statement into the record.
Kris Vogele, 306 E. 4`t' Street, read the attached statement into the record.
Aaron Felder, 1434 McMullen Lane, asked Council to consider putting the Laurel generator
station back on their agenda.
Kasey Felder, 1434 McMullen Lane, read the attached statement into the record.
General Items
Council President Eaton handed the meeting over to the newly elected Mayor Waggoner.
Mayor Waggoner swore Council President Eaton in for the remainder of her term ending
December 31, 2023.
Executive Review
1. Resolution - Resolution Authorizing Owner's Request To Seek Annexation Of A One
Acre Lot Located West Of 8th Avenue Between 1 st And 2nd Streets Pursuant To The
City Of Laurel Annexation Policy.
See attached staff report from Planning Director Altonaga. Mr. Hull was present to answer any
questions, and there were none.
2. Resolution - Resolution Of Annexation Of Contiguous City -Owned Properties Into The
City Of Laurel, Yellowstone County, Montana.
See attached staff report from Planning Director Altonaga.
It was questioned if the annexed properties would be prezoned. It was clarified that an official
answer would be brought forward at next week's meeting.
Council Issues
3. Committee Assignments
Council President Eaton submitted her committee recommendations to Mayor Waggoner; see
attached.
Other Items
Review of Draft Council Agendas
4. Draft Council Agenda for January 11, 2022.
There were no suggested changes.
Attendance at Upcoming Council Meeting
All Council Members present will be in attendance at next week's meeting.
Announcements
A Council Member noted that many people helped place wreaths at the National Cemetery a few
weeks ago. This Friday at 10 a.m., they will be picking up those wreaths and hauling them to the
landfill.
Employee Recognition.
Mayor Waggoner recognized employees for their years of service; see attached.
The council workshop adjourned at 6:58 p.m.
Respectfully submitted,
Brittney Moori
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
Pipeline Easement that was denied by the City is now in works to be installed 1000 feet to the South of
the original location.
This new location design has the entry bore of the proposed pipeline and carrier line under the river in
District 18, Dale Freys property (which NWE has easement), part of the Neighborhood on the South side
of Yellowstone River that has been speaking against the proposed NWE plant and pipeline. The design of
the new proposed location is much more dangerous than the original location.
District 18 was formed by the county and neighborhood; the entry bore location would fall under their
authority. The exit bore location is within the Laurel City/County Planning Board Authority it would fall
under the City of Laurels Authority.
Attached are both plan drawings and it is very easy to see that the new proposal is much more
dangerous than the original plan just based on depth of bore, with additional environmental issues that
have not been addressed. The Original plan kept the line — 50 under the entire width of the river
channel high water mark. The new plan is not even 10 feet under portions of a Side channel of the river
and at best may be at 25 to 30' under the main channel of the river. The new location is an accident
waiting to happen as the river historically is migrating to the south and could expose and break this line
in the new proposed location possibly in one flood season.
Because jurisdiction resides in two different areas, I am asking that the Laurel City Council work with the
County Commissioners to deny installation of the pipeline in this location.
This location is dangerous, and its purpose has been misrepresented as direly needed for the NWE gas
customers in Laurel and Eastern Montana when NWE plainly states in its application; new line is for a
power plant that has not been approved. NWE also has a restriction in using Natural gas from the
existing line in the original contract with CHS.
I
6. PROVIDE A BRIEF DESCRIPTION of the proposed project
NWE is proposing to construct the new pipeline crossing using HDD technology to cross under Yellowstone River. The
proposed horizontal distance of the HDD is approximately 2,029 feet. The proposed entry point will be located on the
south side of the river on private land. The proposed exit point will be located on the north side of Yellowstone River and
north of the Billings Bench Water Association Canal, also on private land. The new i e will be placed approximat
feet below the thalweg elevation, well below potential scour depth (Exhibit 4).
This HDD entry point will be a)vroximateliv 530 feet south of the south bank and the exit point will be approximately 400
feet north of the north bank. With HDD, there will be no is ur ance tote a an a s o t e river. The entry point is�
located within the designated 1% Annual Chance Flood Hazard Zone (Zone AE), but outside of the Regulatory Floodway
(Zone AE). The exit point is located in the Area of Minimal Flood Hazard (Zone X) (Exhibits 7 and 8). The pipe lay -
down area will be located to the north of the exit point. No jurisdictional wetlands are present within either project work
area (Exhibit 9)
The HDD is performed using a specialized drill rig that allows control of the drill hole angles and azimuth. The drill entry
will disturb an approximately 100'X200' area with an exit area of approximately 100'X100'. These are approximate, but
may be reduced to lesser amounts if safe operation of equipment is ensured. The new section of pipe will be laid out and
welded on NWE ROW on the drill exit side. The drill will bore horizontally from south to north under Yellowstone River
as shown on the HDD plans. The HDD will be accomplished by first drilling a small diameter pilot hole. When the pilot
drill head emerges on the north side, a reaming bit will be pulled back through the pilot hole, expanding tate pilot hole to
approximately 1.5 times the diameter of the carrier pipe (in this case as the carrier pipe is 12 inches in diameter, the HDD
bore will be reamed to at least 12 inches in diameter). Once the HDD bore is reamed, the new section of pipe will be
attached to the drill stem and will be pulled back through the hole in one continuous section. When pipe is in place,
disturbed areas will be temporarily stabilized for later tie-in to the other new sections of pipeline.
It is expected that there will be no impact to the bed and banks of Yellowstone River during the construction process.
There is a low potential for the leakage of drilling fluid to the surface. The stability of the hole is maintained using a thick
drilling mud. Typically, an inert bentonite drilling mud is used to provide hole stability, as well as reduce the potential for
migration of drilling fluid away from the hole. Drilling fluid loss will be continually monitored during the drilling
process. The driller will be able to quickly determine if significant fluid loss is occurring and adjust the viscosity of the
drilling mud to limit any fluid loss. Should any drilling fluid migrate to the surface, the fluid will be immediately cleaned
up and properly disposed.
Water for the HDD process and for hydrostatic testing of the pipeline will be obtained by purchase from the City of
Laurel. In addition, if groundwater is encountered in the pipeline excavations that inhibits construction operations,
dewatering will be performed in accordance with State of Montana regulations. The turbid water will be pumped to a filter
bag in an upland area and allowed to infiltrate.
Following completion of the HDD and prior to tie-in to the other sections of new pipeline, the disturbed areas will be
temporarily stabilized. The areas will be re-contoured to approximate pre -construction conditions and re -seeded using an
approved seed mix in coordination with the landowners. Tie-in to the other new sections of pipe will involve daylighting
the HDD pipe extents and connecting the new pipeline with existing pipeline already in place. Final reclamation will be
performed by re -seeding areas that are vegetated and monitoring for regrowth and noxious weeds.
7. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition, bank
slope, height, nearby structures, and wetlands.
At this location the Yellowstone River exhibits an irregular meander pattern with one main channel and some braiding
downstream from the Highway 212 bridge. The river is confined by the bridge and by urban development, an irrigation
canal and riprap. The active channel between the banks is about 1,080 feet wide. Based on historical aerial photography,
the configuration and width of the channel at this location has changed very little over time.
The Billings Bench Water Association Canal intake is approximately 915 feet upstream from the crossing location.
Based on the USFWS National Wetlands Inventory and MT National Heritage Program (MTNHP) wetland survey
information, there are no wetlands in the project work areas.
Four year's ago, the mayor who will be taking his seat tonight was elected
as Mayor of Laurel but he was refused that seat due to a conflict in that he
was a city employee. The council at that time (most of whom remain on the
council today) rightly argued that a city employee may not also serve as the
executive creating a conflict when deciding matters of employment and
bargaining with unions.
However, this council entered into it's own conflict when Mayor Nelson
passed away in October. This council created a conflict which places in
jeopardy all matters of city business from November 9, 2021 through today
by allowing a legislative council member to serve in a dual office holding
capacity as a legislator serving as Ward 1 Member and City Council
President in addition to serving as the City Executive in the role as council
elected Mayor.
1. Laurel's Mayor passed away in Oct 2021 leaving the mayor's seat
vacant as defined in Montana Code Annotated and the Laurel City
Charter.
2. A new mayor was elected in a general election on Nov 2 to take office
on Jan 4th.
3. The council then nominated and filled the vacancy of the
deceased Mayor Nelson on Nov 9 with Ward 1 council member/president
Eaton - not any discussion at the meeting surrounding nomination of the
duly elected Mayor who was elected 2 days prior and had almost four times
the vote as the incumbent. At the meeting (Nov 9th) when she was
appointed and elected by the council, Mayor Eaton stated that she would
not be voting as a council member, would only decide as a tie breaker and
that council member McGee would take over the role of council
president. This is documented in meeting minutes.
4. This was not a situation of an "absent Mayor" as defined in the City
Charter or Montana Code where a mayor is absent from his or her post.
5. Instead of filling the Ward 1 vacancy, city attorney Painter announced at
the next meeting on November 231d that Mayor Eaton would continue to
serve as Ward 1 Council Person, Council President, and would be voting
on city matters as a legislator. This act and announcement set forth in
motion a significant conflict and created actual conflicts in at least two
council meetings where Mayor Eaton was permitted to vote and be the 51h
member of the council to constitute a quorum. Mayor Eaton voted on
matters which then gave her powers to act upon as Mayor.
6. The Montana Constitution prohibits a Governor from serving as a
legislator, we would all question a school superintendent serving as a
school board member, and we should rightly question how a city council
member can be elected to the position of City Mayor and continue to hold a
voting legislative city council position.
7. The very day the council voted for Ms Eaton to become Mayor, an
immediate vacancy occurred in Ward 1. Montana Code Annotated states
that a council SHALL fill that vacancy within 30 days. The council did not.
So the issue that raised the conflict remains, was Ms Eaton Mayor or was
Ms Eaton Council President.
If she is a council member, then the vacancy of Mayor was never filled as
required by Montana Law and the City Charter.
If she is duly elected Mayor, then the vacancy of Ward 1 council member
was not filled within the prescribed time under Montana Law.
There is a significant lack of business ethics in addition to the necessary
checks and balances when a city council chooses knowingly to allow a
member of it's body to serve in a dual office holding capacity as council
president and city mayor. The evidence of this violation is noted in city
council minutes, meeting video documentation and even tonight as the
council witnesses the "re swearing in" of Mayor Eaton as a Ward 1 Council
Member. Why would there need to be a "swearing in" if Mayor Eaton was
voting and acting as council president for the past two months in addition to
acting as Mayor?
It is my hope that the new Mayor and this council choose to review the
actions that have taken place over course of the past few months and put
procedures in place to ensure that a conflict like this doesn't happen again.
Kris Vogele
Happy New Year to everyone! Congratulations to the New Mayor and Council Members, Welcome and
Thank You for your willingness to serve and represent the Local community and surrounding area.
As stated before, our group is opposed to the Proposed NWE Power Generating Station and the Pipeline
currently being proposed, even more so at its new proposed entry location. We continue as a group to
try to stay informed as what is NWE's next step in the process and have found that to be difficult at best.
We thought we would be working with Laurel City/County Planning Board, two meetings scheduled,
Public Hearings notices published in the Huntley paper (not Laurels'), meetings were canceled by the
City Planner and at the next City Council meeting we were notified that NWE submitted a letter to the
city planner withdrawing their zone change request.
We were then told at the last Laurel Council meeting that Laurel did not or may not have the authority
to zone outside the city limits, it was the counties. I have spoken with multiple county people in the
County Planning department; subdivision and zoning departments, all of which told me that Laurel had
the Authority to do the zoning outside their city limits anywhere from 1.5 miles to 4.5 miles, Not them. I
even spoke with 2 county commissioners at different times; one thought Laurel did not have the
authority but the other commissioner said Laurel did.
It appears this is becoming a legal issue as to who has authority in this situation. Our goal is to stay
aware of what is happening with this process and to make sure we are speaking to the right Entity.
MCA, Title 76. Land Resources and Use. Chapter 2. Planning and Zoning. Part 3 Municipal Zoning. 76-2-
310 and 76-2-311 both state that if Laurel has a growth policy for the affected area and the county does
not, by the regulations may extend the application of its zoning or subdivision regulations beyond its
limits in any direction subject to 7-1-411 in this case, second class (pop 5000-10000) which allows up to
2 miles beyond its limits, unless the area already has county adopted zoning or subdivision regulations.
Laurel does have a growth policy for this area and has already done some zoning in this general area so
it appears Laurel would be the responsible Authority for this area per Montana Law. We would ask that
that the Mayor and Council work with the City Attorney to verify who has the authority in this location
so we know we are speaking to the same people that NWE is and are able to keep informed as to what is
taking place.
We are asking that this item be put back on the Council Agenda for the City of Laurel to discuss
Exercising their authority on Zoning in the area in question and the rest of the surrounding community
to ensure that Laurel has control over what is being built within their Legal Zoning Authority.
We would also ask, if this issue comes before the Laurel City/County Planning Board or the Laurel City
Council to please return to where we left off with the LCCPB Work Shop and Meeting to address all
concerns prior to coming to a vote at the City Council. Thank You...
MCA Contents / TITLE 76 / CHAPTER 2 / Part 3 / 76-2-310 Extension of ...
18KIN
TITLE 76. LAND RESOURCES AND USE
CHAPTER 2. PLANNING AND ZONING
Part 3. Municipal Zoning
Extension Of Municipal Zoning And Subdivision
Regulations Beyond Municipal Boundaries
PWAaW PIA IJ Q,�JVVV404)
76-2-310. Extension of municipal toninand subdivision regulations beyond municipal
boundaries. (1) Except as provided in 76-2-312nd except in locations where a county has adopted zoning
or subdivision regulations, a city or town council or other legislative body that has adopted a growth policy
pursuant to chapter I for the area to be affected by the regulations may extend the application of its zoning or
subdivision regulations beyond its limits in any direction subject to the following limits:
(a) up to 3 miles beyond the limits of a city of the first class as defined in 7-1-4111;
(b) up to 2 miles beyond the limits of a city of the second class; and 1--�
(c) up to 1 mile beyond the limits of a city or town of the third class.
(2) When two or more noncontiguous cities have boundaries so near to one another as to create an area
of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76-2-
302, 76-2-311, and this section, then the extension of zoning or subdivision regulations, or both, by these
cities must terminate at a boundary line agreed upon by the cities.
History: En. Sec. 2, Ch. 136, L. 1929; re -en. Sec. 5305.2, R.C.M. 1935; amd. Sec. 1, Ch. 273, L. 1971;
amd. Sec. 1, Ch. 354, L. 1973; R.C.M. 1947, 11-2702(part); amd. Sec. 18, Ch. 582, L. 1999; amd. Sec. 9,
Ch. 599, L. 2003.
Created by LAWS
MCA Contents / TITLE 7 / CHAPTER I / Part 41 / 7-1-4111 Classification ...
TITLE 7. LOCAL GOVERNMENT
CHAPTER 1. GENERAL PROVISIONS
Part 41. Municipalities
j •.
7-14111. Classification of municipalities. (1) Every city having a population of 10,000 or more is a city
of the first class.
(2) Every city having a population of less than 10,000 and more than 5,000 is a city of the second class.
(3) Every city having a population of less than 5,000 and more than 1,000 is a city of the third class.
(4) Every municipal corporation having a population of less than 1,000 and more than 300 is a town.
History: En. Sec. 4710, Poll. C. 1895; re -en. Sec. 3206, Rev. C. 1907; re -en. Sec. 4959, R.C.M. 11-0221;
re -en. Sec. 4959, R.C.M. 1935; amd. Sec. 1, Ch. 202, L. 1947; amd. Sec. 1, Ch. 126, L. 1969; R.C.M.
1947, 11-201 (part); amd. Sec. 1, Ch. 250, L. 1979.
Created by LAWS
MCA Contents / TITLE 76 / CHAPTER / Part / 76-2-311 Administration...
TITLE 7d.LAND RESOURCES AND USE
CHAPTER 2.PLANNING AND ZONING
Part 3. Municipal Zoning nQ
Nipill
guel liil �1111� 11
70~2~311. Administration ofregulations inextended area. M\Acity ortown council orother legislative
body may enforce regulations adopted pursuant to 70~2-310` as if the property were situated vvhbin its
corporate ||nnits' until the county board adopts 8 growth policy pursuant to chapter 1 and accompanying
zoning or subdivision resolutions that include the area.
C2> As a prerequisite to the exercise of this power, a city -county planning board whose juriisdictional area
includes the area to be regulated must be formed or an existing city planning board must be increased to
include two representatives from the unincorporated area that iato be affected. These representatives must
be appointed by the board of county commissioners. Representation must cease when the county board
adopts a growth policy pursuant to chapter I and accompanying zoning or subdivision resolutions that include
the area.
History: En. Sec. 2, Ch. 136,L~1929;rs~on'Sec. 5305.2,R.C.D0.19]5;amd.Sec. 1.Ch. 273,L~1971;
arnc. Sec. 1,Ch. 354'L~1973; R.CJM.1S47,11~27D2/pard|amnd.Sec. 19,Ch. 5G2,[.1999.
Created by LAWS
CITY HALL
115 W. 1ST ST. q_�Ity Of Laurel
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
January 4, 2022
Office of the City Planner
Regarding the Resolution of Intent for the Annexation of Contiguous Government Land
Mr. Mayor and City Council,
I am unable to attend the meeting this evening due to illness, but this letter will provide some detail on the
accompanying legal descriptions that were provided with the resolution detailing the annexation of
government land contiguous to the Municipal City Limits of Laurel.
The attached list of legal descriptions includes the city -owned property contiguous with, and immediately
adjacent to the city limits of Laurel. The Annexation of these properties not only clears up the jurisdiction
in which city property falls under, but also allows for the City to expand its zoning jurisdiction outwards.
Extra -territorial zoning extends 1 -mile outside the municipal city limits. This is important for long range
planning activities as well as planned provision of public services and basic land -use management.
Please let me know if there are any questions or comments about the properties in question or the process
that this will take. Thank you for your consideration of this matter.
Regards,
Nicholas Altonaga, CFM
Planning Director
CITY HALL
115 W. JIT ST.
City
Of Laurel
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
P.O. Box 10
FAX 628-2241
Laurel, Montana .59044
January 4, 2022
Office of the City Planner
Regarding the Request by Lance Hull to Submit an Annexation Application for Property West of 8`r'
Avenue between I" and 2°d Streets.
Mr. Mayor and City Council,
Mr. Lance Hull has submitted a request letter to allow hire to submit an annexation application for a
property located off of 8`i' Avenue, accessible by currently unbuilt portions of W I` Street and W. 2"d St.
Lance Hull met with me in October of 2021 to discuss his plans to develop the lot. He plans to develop
four four-plex residential buildings, install landscaping, and add parking, as well as improve portions of
W. I" St and W 2°`r St. to access the site. He hopes to annex the property into the city to access municipal
water and sewer services.
His design concept is in -keeping with the strategic goals of the Laurel Growth Management Policy of
2020, by adding a diverse array of housing to the city, as well as locating high growth developments
along high-volume roadways. This annexation would also expand the municipal utility system.
I support the approval of Mr. Hull's request to submit an application for annexation. His proposed
development would be a positive addition to the city by creating more housing options and improving the
road network as well as expand the city utility system. Thank you for your consideration of this request.
Please let me know if you have any questions or concerns about this request.
Regards,
Nicholas Altonaga, CFM
Planning Director
Heidi Sparks
Emergency Services
Beartooth R C & D
Budget and Finance
NOTE: Off Public Works, Health and Insurance and Human Relations
Richard Herr
Cemetery
Public Works
NOTE: Off Parks and requested to be off Tree Board
Iry Wilke
Parks
Emergency Services
Public Works
NOTE: Same as last time because of work schedule
Bill Mountsier
Parks
Emergency Services
Public Works
NOTE: Moved from citizen to Council member on Public Works and Emergency Services
Richard Klose
BUdget and Finance
Cemetery
Emergency Services
NOTE: Same as before
Scot Stokes
Parks
Health and Insurance
Fluman Relations
NOTE: Off Budget and Finance
Michelle Mieze
Health and Insurance
Tree Board
Budget and Finance
NOTE: All new assignments
Eniefie Eaton
Budget and Finance
Public Works
NOTE: Back on Public Works
Name
Years of Service,
bepaetment .;
Stan Langve
22
Police
Kurt Markegard
17
Public Works
Kyle Bryant
17
Police
Kelly Strecker
17
City Clerk
Brenda Sell
17
Police
Brian Kline
17
City Shop
William Brew III
16
Police
Christopher Erb
13
Library
Jarred Anglin
7
Police
Cynthia Caswell
7
WWTP
Zach Cortese
5
Police
Jodi Kinn
5
Police
Andrew Arneson
5
Public Works
Karen Courtney
5
Public Works
Wade Spalinger
3
City Shop
Daniel Nauman
3
WTP
Ryan Sedgwick
3
Police
Wendy Wong
2
Ambulance
Thomas White
2
Ambulance
Haley Swan
2
Police
Joshua McFarland
2
Police
Sydney Arneson
1
City Shop
Michelle Foley
1
City Clerk
Dame
Years of Service
Department
Doug Fox
26
Fire
Kent Kulesa
25
Fire
Corey Mcllvain
18
Fire
Brent Peters
15
Fire
Tammy Harpster
14
Reserves
Sean McCleary
13
Fire
Travis Nagel
13
Fire
Bruce McGee
12
Reserves
Tom Becker
11
Reserves
Henry Fox
11
Fire
Paul Bickel
9
Reserves
Darcy Sauter
8
Reserves
Dustin Riveland
8
Reserves
Shane Willis
6
Fire
Levi Vandersloot
6
Ambulance
Jennifer Winchell
5
Fire
Jacob Haan
5
Ambulance
John Beck
4
Fire
Jayson Nicholson
4
Fire
Armondo Hernandez
3
Fire
Levi Klamert
3
Fire
Steven Hiller
3
Fire
Bridger Fournier
3
Fire
Ryan Robertus
3
Fire
Boady Harper
3
Ambulance
Kently Kuntz
2
Fire
Colton McCleary
2
Fire
Amber Beck
2
Ambulance
Thomas Scott
2
Reserves
Kaity Butler
2
Reserves
Sonja Jones
2
Reserves
Brenton Dorsey
2
Reserves
Dylan Benton
2
Reserves
Dixie Childers
2
Reserves
Jacob Worden
1
Fire
Tyrel Mraz
1
Ambulance
Kathy Brown
1
Ambulance
Amanda Hemmen
1
Ambulance
Mariel Riley
1
Ambulance
Andrew Zimmermann
1
Ambulance
Joshua Anderson
1
Reserves