HomeMy WebLinkAboutCity Council Packet 02.08.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 08, 2022
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R22-07
NEXT ORD. NO.
O22-01
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: 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.
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.
8. Council Workshop Minutes of December 21, 2021.
9. Council Workshop Minutes of January 4, 2022.
10. Council Workshop Minutes of January 18, 2022.
11. Council Workshop Minutes of February 1, 2022.
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Ceremonial Calendar
12. Sargent Pinning Ceremony
Reports of Boards and Commissions
13. Park Board Minutes of January 6, 2022.
14. Laurel Urban Renewal Agency Minutes of October 18, 2021.
15. City/County Planning Board Minutes of October 20, 2021.
16. City/County Planning Board Minutes of November 17, 2021.
17. 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 speakin g 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
18. 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.
19. Resolution No. R22-07: 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.
20. Resolution No. R22-08: 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
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File Attachments for Item:
1. Approval of Minutes of January 25, 2022.
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File Attachments for Item:
2. Fire Monthly Report - January 2022
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Calls Hours
1 36
2 33
Extrications 12 200
Other Rescues
9 97
Public Assist 1 18
Medical Assist.7 49
Other calls 5 49
37 Totals 482
Fire Prevention
Total Training 155
Total Maintenance 50
Total 687
Laurel Fire Department
Community Service
Jan. 2022
Announcements:
Alarms
Wildland Fires
Report for the Month of
Structure Fires
Structure Firefighting
Conduct all levels of Structure Firefighting to include entry and attack, ventilation, salvage,
overhaul, and investigation.
A structure fire is a fire involving the structural components of various types of residential,
commercial or industrial buildings.
Wildland Firefighting
Wildfire,brush fire, bush fire, desert fire, forest fire, grass fire, hill fire, peat fire, vegetation fire.
Extrications
Rescue victims entrapped in automobiles, machinery, farm equipment, buildings, and trenches.
Other Rescues
Rope Rescue, Water Rescue, Ice Rescue
Alarms
Any false alarms or malfunctions.
Other Calls
EMS assist, Industrial or Aircraft firefighting, Vehicle Fire, Hazmat, Spills, Public safety,
Investigations, gas leaks, Carbon Monoxide problems, etc.
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File Attachments for Item:
3. Police Monthly Report - January 2022.
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Page 1 of 5
Total Calls Printed on February 1, 2022
[CFS Date/Time] is between '2021-11-29 00:00' and '2021-12-26 23:59' and
[Primary Incident Code->Code : Description] All
Code : Description
Totals
10-15 : With Prisoner 0 0
: Abandoned Vehicle 87 87
: Agency Assist 46 46
: Alarm - Burglary 17 17
: Alarm - Fire 5 5
AMB : Ambulance 74 74
: Animal Complaint 10 10
: Area Check 2 2
: Assault 2 2
: Bad Checks 0 0
: Barking Dog 2 2
: Bomb Threat 0 0
: Burglary 4 4
: Child Abuse/Neglect 4 4
: Civil Complaint 13 13
: Counterfeiting 1 1
: Criminal Mischief 5 5
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Page 2 of 5
Code : Description
Totals
: Criminal Trespass 2 2
: Cruelty to Animals 5 5
: Curfew Violation 5 5
: Discharge Firearm 0 0
: Disorderly Conduct 4 4
: Dog at Large 10 10
: Dog Bite 0 0
DUI : DUI Driver 11 11
: Duplicate Call 1 1
: Escape 0 0
: Family Disturbance 12 12
: Fight 1 1
FIRE : Fire or Smoke 8 8
: Fireworks 1 1
: Forgery 0 0
: Found Property 5 5
: Fraud 1 1
: Harassment 3 3
: Hit & Run 5 5
: Identity Theft 0 0
: Indecent Exposure 1 1
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Page 3 of 5
Code : Description
Totals
: Insecure Premises 1 1
: Intoxicated Pedestrian 1 1
: Kidnapping 0 0
: Littering 0 0
: Loitering 1 1
: Lost or Stray Animal 10 10
: Lost Property 3 3
: Mental Health 0 0
: Missing Person 1 1
: Noise Complaint 1 1
: Open Container 0 0
: Order of Protection Violation 2 2
: Parking Complaint 36 36
: Possession of Alcohol 1 1
: Possession of Drugs 0 0
: Possession of Tobacco 2 2
: Privacy in Communications 3 3
: Prowler 0 0
: Public Assist 41 41
: Public Safety Complaint 6 6
: Public Works Call 13 13
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Page 4 of 5
Code : Description
Totals
: Report Not Needed 4 4
: Robbery 0 0
: Runaway Juvenile 0 0
: Sexual Assault 1 1
: Suicide 1 1
: Suicide - Attempt 1 1
: Suicide - Threat 2 2
: Suspicious Activity 65 65
: Suspicious Person 9 9
: Theft 16 16
: Threats 2 2
: Tow Call 0 0
: Traffic Accident 28 28
: Traffic Hazard 3 3
: Traffic Incident 15 15
: TRO Violation 0 0
: Truancy 2 2
T/S : Traffic Stop 127 127
: Unattended Death 0 0
: Unknown - Converted 0 0
: Unlawful Transactions w/Minors 0 0
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Page 5 of 5
Code : Description
Totals
: Unlawful Use of Motor Vehicle 0 0
: Vicious Dog 0 0
: Warrant 10 10
: Welfare Check 14 14
Totals 769 769
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File Attachments for Item:
4. Building Department Monthly Report - January 2022.
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Jan-22 Year to Date 2022
Amnt Valuation Amnt Valuation
New Construction New Construction
1 Single family 0 $0 1 Single family 0 $0
2 Duplex 0 $0 2 Duplex 0 $0
3 Multi-Family 0 $0 3 Multi-Family 0 $0
4 Hotel/Motel 0 $0 4 Hotel/Motel 0 $0
5 Commercial 0 $0 5 Commercial 0 $0
6 Garage/Carport 1 $13,000 6 Garage/Carport 1 $13,000
7 Mobile Home 0 $0 7 Mobile Home 0 $0
Total New:1 $13,000 Total New:1 $13,000
Remodel and Additions Remodel and Additions
8 Residential 1 $31,557 8 Residential 1 $31,557
9 Commercial 1 $11,000 9 Commercial 1 $11,000
10 R. Fence/Roof/Siding 0 $0 10 R.Fence/Roof/Siding 0 $0
11 C.Fence/Roof/Siding 0 $0 11 C.Fence/Roof/siding 0 $0
12 Sign/Temp Structure 1 $8,200 12 Sign/Temp Structure 1 $8,200
Total R & A 3 $50,757 Total R & A 3 $50,757
Grand Total:4 $63,757 Grand Total:4 $63,757
CITY OF LAUREL BUILDING DEPARTMENT MONTHLY REPORT
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File Attachments for Item:
8. Council Workshop Minutes of December 21, 2021.
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File Attachments for Item:
9. Council Workshop Minutes of January 4, 2022.
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File Attachments for Item:
10. Council Workshop Minutes of January 18, 2022.
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11. Council Workshop Minutes of February 1, 2022.
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File Attachments for Item:
13. Park Board Minutes of January 6, 2022.
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File Attachments for Item:
14. Laurel Urban Renewal Agency Minutes of October 18, 2021.
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MINUTES
CITY OF LAUREL
LAUREL URBAN RENEWAL AGENCY
MONDAY, OCTOBER 18, 2021
11:00 AM
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 11:02am.
Daniel Klien
Michelle DeBoer
Don Smarsh
Janice Lehman
Linda Frinkel
Judy Goldsby
Nick Altonaga (City of Laurel)
General Items
2. Approve Meeting Minutes: September 20, 2021
Don Motioned to approve the minutes from the meeting on September 20, 2021.
Daniel Seconded.
Motion Carried.
3. Partner Updates
Dianne Lehme of Big Sky EDA was not able to make it.
Jacy Head was present at the meeting. She replaced Steve Simonson as Economic Development
Director.
New Business
4. State TIF District Presentation
Nick played the recording of the TIF District Presentation from the City Council session on October 5,
2021. Members discussed the pathway the LURA Board took and the current programs. How they see
the grants fitting into the requirements presented in the TIF Presentation.
Have we been doing it correctly?
• Nick reported that it seems like previous city staff had a certain vision of the funds and presented
that to the Board to follow. That has aligned with the regulations in some ways but not others.
Nick restarted the presentation.
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Daniel: Property Acquisition?
The City being the entity investing time and funding into? Private property owners have direct skin in
the game in their buildings or business, not the city.
Don: Does our large grant program comply with these regulations?
Nick: I think that many pieces of it are on the right track, but some of the ways we have gone about it
has been incorrect.
• Structural work, façade work, work in the historic district, has all been spot on.
• Importance of removing blight, fire risk, and other serious items
Don: The word public is brought up a lot, but how do you define that? How do we deal with blight?
Don: If you have a property with blight, (Carl’s Auto Clinic), why should there be a limit or stoppage on
receiving funding?
Why should we limit the use of funds to remove blight? Does that NOT serve a public purpose?
Daniel: Who had put on the training previously in Miles City?
Nick: I recommend we start preparing a list of items to measure the outcomes of each grant, being able
to directly state that it meets the parameters for public benefit.
Don: What Janet and her colleague have presented doesn’t fit with what was previously presented to the
LURA members in the past.
• If we can determine blight on someone’s property, we should be able to utilize funds to
remediate it
• Movie Theater – Sidewalk and entryway concerns – Should look into replacing hazards.
These are safety issues that need to be solved.
Richard Herr: If the problem is interior, does that constitute a public concern?
The split between public and private outcome.
Buckling concrete on the sidewalk versus buckling on the inside.
Daniel: Isn’t it better when the property owner or direct recipient is taking the risk and doing the work
themselves?
Also in regards to changing the taxable status? Grace Bible Church downtown was sold and is not used
as a day/childcare operation, actively paying into the district.
Judy: Need to make sure that our decisions are standardized.
Daniel: We could possibly recommend a complicated lease to then do the work and maintenance. But
then this would make issues (Rapid Tire) for the current operator.
Our work does not qualify under the presented rules, none of it appears allowable right now.
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Richard Herr: How much was outside, and how much was inside the buildings? Need to set the bar.
How do we classify things? Fire risk? Structural work? Safety?
Michelle:
Three things would be helpful to know:
• What is the function of the LURA group?
• What is the function of the City Council?
• How does it all work together?
• The checklist you mentioned would be very helpful
• Right now it feels very frustrating for both parties.
• We need to get an idea of what our purpose is so we do not butt heads.
• It feels like there is a lot of checking and pointing fingers.
• Judy: It is up to the individual council members with their own idea of the TIF?
• Are there binders of all the information needed for when someone starts on a new board?
o No, but Nick can prepare one specifically for the LURA Board.
Don: I look at things differently than city/downtown biz.
Back in 1993, Two hardware stores, movie house, candy store, plus other businesses.
Got on the board to try to draw more retail, or restaurants, or foot traffic on weekends.
Want to see more activity.
Want to see improvements in the buildings which could bring people in, which could lead to
more activity which leads to more people, etc. etc.
The overall district has been improved so much and has potential to keep improving.
Don: would love to see Laurel as a tourist trap. Want to see people drawn in.
Janice: How does Billings TIF Operate? How does that work? Can check back with the Gazette on the
numbers (In regards to a recent article discussing the use of Downtown funds).
Don: Compared to Miles City, is this something that we can look back and see how THEY did with their
district?
Nick: We can also look into updating the Urban Renewal Plan to update the focus areas and goals of the
District.
Judy: Consequential damage – Years and years of water damage due to the terrible roadway at Auto
Clinic made the rear portion uninhabitable.
Don: To that point, why don’t we have him make the case.
Nick: I can prepare a framework for review, with some parameters and we can talk about it at the next
meeting.
Judy: Would be good to ALSO send them to the state to make sure we are on the right track.
Do we eliminatea things like signage? Because it does not appear to apply?
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5. Projects Discussion
Old Business
Other Items
Announcements
6. Adjourn
Don Motioned to Adjourn.
Daniel Seconded.
Meeting Adjourned at 12:26pm.
7. Next Meeting: November 15, 2021
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 Ci ty 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:
15. City/County Planning Board Minutes of October 20, 2021.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, OCTOBER 20, 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
No Quorum. No Meeting was held.
General Items
2. Approve Meeting Minutes: August 18, 2021
3. Approve Meeting Minutes: September 15, 2021
New Business
4. Building Plan Review: City Brew/Chen's Express
Old Business
Other Items
5. Project Updates
6. Adjourn
Announcements
7. Next Meeting: November 17, 2021
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:
16. City/County Planning Board Minutes of November 17, 2021.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, NOVEMBER 17, 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 Meeting was called to order at 5:36PM.
Jon Klasna
Ron Benner
Evan Bruce
Roger Geise
Dan Koch
Nick Altonaga (City of Laurel)
Public Input:
Steve Krum 249 4th Ave Laurel, MT
Here to ask the PB to remove its recommendation for the approval of the zone change for the NWE
Power Plant. Was after the October City Council meeting that I first heard of the process. Thought that it
was tabled by NWE. Was notified by the Sierra Club about the plans and process. NWE planned to
move forward with the permitting process even though there was a lack of due diligence.
The proposed plant is across from where my daughter and family live. This would have a dangerous
impact on my daughter and her family. Have attended the public meetings since then to keep up with
what is going on with those issues. The word has been spread around to get people involved.
Retired from CHS refinery and has some experience with the equipment the plant plans to install. The
equipment in question (RICE). Will be the equivalent of 50 BN locomotives sitting on that location,
running constantly. It will have some serious noise.
The Electrical generators are to be massive as well. Ones I have experience with 2.5MW were loud, and
these will be bigger.
Intake exhausts will be sucking in air making noise. 45Db mufflers proposed but not sure how it will
truly impact. This plant will run 24/7/365 and will cause a major impact for the city for noise and
exhaust.
Just because people will get used to it doesn’t mean it doesn’t cause a health impact. The footprint of the
plant is very small and will be a very concentrated output. The stack gases could drift into
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neighborhoods and directly impact the health of kids and families. The stacks proposed are much shorter
than other similar plants.
One thing I found in the LMC is that the safety, health, and welfare of the community should be applied
to the development in most codes. *List of codes that mention health and welfare of the community as a
focus* (Provided a copy of comments to Planning Director containing specific code references). These
are very important for the creation of Subdivisions and looking at Zoning projects. The board is looking
very hard at items and is very busy. NWE has been working hard to move the project through the
process as quickly as possible including DEQ and PSC.
Zone Change has been removed from the 11/23/2021 agenda after public input by community and other
representatives. The noise levels were an estimate. It appears that the information provided to the board
was inaccurate or misleading. The plant will be less than an half mile from parts of the city (North and
South). The nearby residences are very close to the proposed plant where the zone change will take
place.
NWE has not given special consideration about the proximity to the Yellowstone River. This is why I
suggest you re-evaluate the recommendations
Dan Koch: Would like to compliment you on the remarks you have made on the subject at multiple
meetings.
Evan Bruce: Have you submitted an application to sit on the board?
Kasey Felder 1434 McMullan Lane.
I live nearby and also am here to request you to rescind your recommendation to approve the Zone
Change for the proposed NWE plant. Would strongly urge you to rescind the recommendation and
suggest we wait until the special committee to make a decision
Aaron Felder, 1434 McMullan Lane.
There is always something to learn. And there is always something to grow. Tonight, is about awareness
to you about where we are at in the process. Please take a look at the notes you might have on the
project in order to come up with questions on the project. Not here by any means to kick you. There is a
lot there. But the river is something that has a lot of meaning. To be able to have a commercial business
in such a location so close to the banks of the river. Just want you to think about how it will impact
businesses and people nearby.
General Items
2. Approve Meeting Minutes: September 15, 2021
Dan Motioned to approve the meeting minutes from September 15, 2021
Roger Seconded
Motion Carried.
3. Approve Meeting Minutes: October 20, 2021
Ron Motioned to approve the meeting minutes from October 20, 2021.
Jon Seconded.
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Motion Carried.
New Business
4. Public Hearing: Annexation Request for 306 W. 12th St (Reschedule)
Jon motioned to table the item until the December
Dan Seconded.
Motion Carried.
5. Sign Review: Canyon Creek Brewing
Nick Presented the item and its reason for inclusion on the agenda.
Ron: Are there plans to continue adding signs to that façade? Will they just be able to add to it?
Questions were raised about the brewery and requiring them to apply for a special review due to serving
alcohol.
• Nick will attend to that when their request for a building permit comes in to work on the space.
Ron Motioned to approve the non-illuminated single sign for Canyon Creek Brewing.
Evan Seconded.
Motion Carried.
Old Business
6. Project Review: City Brew / Chen's Express
Scott Worthington, here representing the applicant and general contractor.
Sheet 2.0 – Shared access between Gas station to the north (gas station), dual access. The fact of access
to S. Montana Ave to the rear ameliorates traffic headaches. Longer drive thru is for City Brew, shorter
one is for Chens. Imagine that the East portion of the site is the problem.
Ron: There are a lot of points of contact with lines of traffic. The bigger issue is the trash enclosure
within the ROW, it is a detriment to adjacent property owners, despite being a positive aspect to you.
Dan: It is actually within the street.
Ron: it will be a nightmare to move a garbage truck in that position.
Jon: if the truck is in there, will there be room for the regular vehicles to
Nick presented an idea to shift the building north and build a bypass lane between S 1st and S Montana.
Scott agreed that this could be a good way to remove traffic collision points.
Dan: What about the culvert that was utilized for the old A&W.
Discussion of where the ditches should be and what the drainage looks like in that area.
Discussion of the median in S. 1st Ave and the problems it poses.
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Nick clarified that people will have to turn Right (North) on S. 1st Avenue.
Dan suggested that we motion to table until the next meeting when we can have updated plans.
Scott: would be good for Nick to set up a meeting with all parties involved.
Dan motioned to table the sign plan review for the City Brew/Chen’s Express until the December 15,
2021, Planning Board Meeting.
Roger Seconded.
Motion Carried.
Ron suggested Scott and the team develop a signage plan for directional traffic. Scott agreed to run that
by his colleagues.
Other Items
Nick provided an update on Upcoming meeting items and projects.
Roger: Question on Goldberg Sporting Estates
Dan: Question on Bitterroot Grove PUD?
7. Adjourn
Ron Motioned to Adjourn the meeting.
Roger Seconded.
Motion Carried.
Meeting adjourned at 6:33pm.
Announcements
8. Next Meeting: December 15, 2021
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:
17. City/County Planning Board Minutes of December 15, 2021.
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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.”
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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.
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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.
86
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?
87
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.
88
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
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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
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File Attachments for Item:
19. Resolution No. R22-07: 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.
91
R22-07 Approval of Special Review – 305 South 1st Avenue, Laurel, Montana
RESOLUTION NO. R22-07
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 February 8, 2022 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.
92
R22-07 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 February 8, 2022, by Council Member
_____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 8th day of February 2022.
APPROVED by the Mayor this 8th day of February 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
93
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.
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• 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):
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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.
1096
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
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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
20106
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
21107
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
22108
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:
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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)
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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)
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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.”
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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.
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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.
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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?
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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.
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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
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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
118
File Attachments for Item:
20. Resolution No. R22-08: 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.
119
R22-08 Approve Agreement with Meridian Law PLLC
RESOLUTION NO. R22-08
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 February 8, 2022, by Council
Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 8th day of
February 2022.
APPROVED by the Mayor this 8th day of February 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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1
CIVIL CITY ATTORNEY CONTRACT
THIS AGREEMENT, made and entered into by and between the City of Laurel, hereinafter referred
to as Client, and Meridian Law, PLLC hereinafter referred to as “Attorney.”
ATTORNEY CLIENT RELATIONSHIP: Client hereby employs Attorney to exercise and
perform the civil duties of the City Attorney for Client, which includes all civil matters assigned and directed
by Client. Client’s Mayor shall be the primary contact for Attorney and shall assign and direct the Attorneys’
provision of services. Attorney agrees to provide his/her own office, staff, and equipment at no additional
charge to Client.
FEES AND BILLING: For services performed for Client by Attorney, Client agrees to pay
Attorney $6,000 per month, to be billed bi-monthly by the first and third Thursday of each month. Invoice
must include Client name, invoice number, dates of service covered, amount billed, and date of invoice. In
addition to fees provided herein, Client agrees to reimburse Attorney for costs as defined below. Attorney
agrees to provide Client an itemized invoice, separate from the fee invoice, for costs incurred.
COSTS: Costs are defined as all filing fees, court costs, subpoena costs, certified driving records
for defendants, mailing costs, copies of video-taped or DVD evidence, depositions, court report charges,
expert witness fees, expert reports, witness statements, travel expenses except as set forth herein, and any
other disbursements or expenses incurred by Attorneys while representing Client. Photocopies shall be
reimbursed at $.05 per page. These costs may be billed monthly by Attorneys and, if unpaid, shall bear
interest at the rate of one percent (1%) per month.
Travel costs beyond local travel shall be undertaken only upon Client’s request. Client shall
reimburse Attorney his/her actual costs of travel (other than local) and pay per diem at rates established by
the State of Montana.
DURATION: This contract shall immediately commence on February 8th, 2022 and continue until
terminated by the Parties.
MODIFICATION AND TERMINATION: This contact or any provision thereof may be
modified at any time upon mutual consent expressed in a mutually signed writing. The contract may be
terminated at any time by either party with a 30 (thirty) day written notice.
DATED this 8th day of February 2022.
CITY OF LAUREL
________________________________
Dave Waggoner, Mayor
ATTEST.
__________________________________
Bethany Langve, Clerk/Treasurer
ATTORNEY:
____________________________________
Michele Braukmann, Meridian Law, PLLC
121