HomeMy WebLinkAboutCouncil Workshop Packet 06.07.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, JUNE 07, 2022
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the
public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
1. Appointment of Casey Wheeler to the Vacant Ward 3 Seat.
2. Appointment of Josh Featherly to the Laurel Police Department.
3. Appointment of Kurt Markegard as Building Official.
4. Appointment of Kelly Strecker to Clerk/Treasurer
5. Motion to allow Council Member Mize to be absent from the City of Laurel for more than ten
days. (LMC 2.12.060)
Executive Review
6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Extension Of The Prosecutor Attorney Contract By And Between The City Of Laurel And Lore
Law Firm, P.L.L.C.
7. Resolution - A Resolution Awarding The Bid And Authorizing The Mayor To Execute All
Contract And Related Documents For The Project Known As The Wtp Lift Well Replacement.
8. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The
Agreement For Provision Of Fire Services By And Between The City Of Laurel And The
Laurel Airport Authority
9. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The
Agreement For Provision Of Fire Services By And Between The City Of Laurel And
Yellowstone Boys And Girls Ranch
10. Resolution - Resolution Of The City Council Approving An Application For Special Review
For S2 Properties, Llc, D/B/A Your Pie, Authorizing The Sale And Consumption Of Beer And
Wine On Premises, Within An Existing Structure Located At 102 South 1st Avenue, City Of
Laurel, Mt.
11. Resolution - Resolution Of The City Of Laurel City Council Granting A Variance From The
City’s Zoning Regulations To Allow The Property Owner To Construct An Addition On The
Home At 319 3rd Avenue, Laurel Mt, Which Shortens The Twenty-Foot Setback To A Six-
Foot Setback
12. Resolution - Resolution Authorizing The Mayor To Reinstate An Encroachment Permit For
Newkirk Real Estate-Montana, LLC, D/B/A Thomae Lumber.
Council Issues
13. Garbage Capital Improvements/Rates Discussion
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Other Items
Attendance at Upcoming Council Meeting
Announcements
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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File Attachments for Item:
1. Appointment of Casey Wheeler to the Vacant Ward 3 Seat.
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File Attachments for Item:
6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Extension Of The Prosecutor Attorney Contract By And Between The City Of Laurel And Lore
Law Firm, P.L.L.C.
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R22-____ Approve Extension of Prosecutor Attorney Contract
RESOLUTION NO. R22-_____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE AN EXTENSION OF THE PROSECUTOR ATTORNEY CONTRACT BY
AND BETWEEN THE CITY OF LAUREL AND LORE LAW FIRM, P.L.L.C.
WHEREAS, the City of Laurel and Lore Law Firm, P.L.L.C. entered into a Contract
for the Prosecutor’s duties for the City of Laurel on February 11, 2020 (hereinafter “Prosecutor
Attorney Contract”); and
WHEREAS, the City of Laurel City Council approved the Prosecutor Attorney Contract
and authorized the Mayor to execute said Contract on the City’s behalf; and
WHEREAS, Lore Law Firm, P.L.L.C. has served as the City of Laurel City Prosecutor
since February 2020; and
WHEREAS, the Prosecutor Attorney Contract by and between the City of Laurel and
Lore Law Firm, P.L.L.C. expires on June 30, 2022; and
WHEREAS, the Mayor recommends the extension of the Prosecutor Attorney Contract
for another two (2) year term, commencing July 1, 2022 and concluding June 30, 2024, subject
to the same rights and responsibilities of the City of Laurel and Lore Law Firm, P.L.L.C.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana:
Section 1: Approval. The Prosecutor Attorney Contract negotiated between the
City of Laurel and Lore Law Firm, P.L.L.C. for the City of Laurel prosecutorial duties is hereby
extended for another two (2) year term. A copy of the original Prosecutor Attorney Contract
is attached hereto and incorporated by reference herein. A copy of the Extension of Prosecutor
Attorney Contract is also attached hereto and incorporated by reference herein.
Section 2: Execution. The Mayor is hereby given authority to execute the
Extension of the Prosecutor Attorney Contract on behalf of the City.
Section 3: Effective Date. The effective date of the Extension of the Prosecutor
Attorney Contract is hereby approved effective July 1, 2022.
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
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R22-____ Approve Extension of Prosecutor Attorney Contract
APPROVED by the Mayor the _____ day of June, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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EXTENSION OF PROSECUTOR
ATTORNEY CONTRACT
THIS EXTENSION OF PROSECUTOR ATTORNEY CONTRACT, is hereby made and
entered into by and between the City of Laurel, hereinafter referred to as “Client,” and Lore Law
Firm, P.L.L.C., hereinafter referred to as “Prosecutor Attorney.”
RECITALS
WHEREAS, the City of Laurel and Lore Law Firm, P.L.L.C. entered into a Contract for
the Prosecutor’s duties for the City of Laurel on February 11, 2020 (hereinafter “Prosecutor
Attorney Contract”); and
WHEREAS, the City of Laurel City Council approved the Prosecutor Attorney Contract
and authorized the Mayor to execute said Contract on the City’s behalf; and
WHEREAS, Lore Law Firm, P.L.L.C. has served as the City of Laurel City Prosecutor
since February 2020; and
WHEREAS, the Prosecutor Attorney Contract by and between the City of Laurel and Lore
Law Firm, P.L.L.C. expires on June 30, 2022; and
WHEREAS, the Mayor recommended the extension of the Prosecutor Attorney Contract
for another two (2) year term, commencing July 1, 2022 and concluding June 30, 2024, subject to
the same rights and responsibilities of the City of Laurel and Lore Law Firm, P.L.L.C; and
WHEREAS, the City Council approved the extension of the Prosecutor Attorney Contract
for another two (2) year term, commencing July 1, 2022 and concluding June 30, 2024, subject to
the same rights and responsibilities of the City of Laurel and Lore Law Firm, P.L.L.C.
AGREEMENT
Section 1: Approval. The Prosecutor Attorney Contract negotiated by and between the
City of Laurel and Lore Law Firm, P.L.L.C. for the City of Laurel prosecutorial duties is hereby
extended for another two (2) year term. A copy of the original Prosecutor Attorney Contract is
attached hereto and incorporated by reference herein.
Section 2: Execution. The City hereby executes this Extension of the Prosecutor
Attorney Contract, pursuant to City Council approval.
Section 3: Effective Date. The effective date of this Extension of the Prosecutor
Attorney Contract is July 1, 2022.
Section 4: Termination Date. The termination date of this Extension of the Prosecutor
Attorney Contract is June 30, 2024.
Section 5: Incorporation of Original Terms. All other terms of the original Prosecutor
Attorney Contract are hereby fully incorporated herein.
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DATED this _____ day of June, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
PROSECUTOR ATTORNEY:
______________________________
Juliane E. Lore, Lore Law Firm, P.L.L.C.
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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City Prosecutor Appointment
Comparison to Other Applicants:
All other applicants proposed, through their RFPs, to bill at an hourly rate for both attorneys
and support staff.
o Proposed Hourly Rate for Attorneys: $175-$250 per hour
o Proposed Hourly Rate for Support Staff: $50-$75 per hour
Resulting Fees for Hourly Billing Attorneys/Support Staff for Comparison RFPs:
o Average for Attorneys (20 hours per week): $3,500-$5,000 per week
o Average for Support Staff (~10 hours per week): $500-$750 per week
Yearly Cost for the City of Laurel: $208,000-$299,000
Proposed Prosecutor Contract Fees (Continuation of Existing Prosecutor): $67,200
Limited City Prosecutor Experience and/or Knowledge of Laurel City Court
Additional Issues:
Existing Prosecutor’s Experience in the City of Laurel (2.5 Years as Laurel City Court
Prosecutor)
Existing Prosecutor’s Relationship with Public Defender and Defense Counsel
Existing Prosecutor’s Relationship with City of Laurel Police Department (Please see Chief
Langve’s Letter of Recommendation)
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Continuity of Prosecutorial Work in the City of Laurel
Existing Prosecutor’s Commitment to Fulfill Another Term
Knowledge Base of Constituents in Working with 2.5 Year Tenured Past/Present Prosecutor
Extensive Experience in District Court (Allowing Handling of Continued Appeals to
District Court from City Court)
Avoidance of Burden of Transition of Pending Cases/District Court Appeals
Working Relationship and Knowledge by Existing Prosecutor of City Staff/Mayor/Civil
City Attorney
Extensive Knowledge of Laurel City Court/City Court Clerk Requirements
Additional Experience in Working with Other Municipalities (ie. Town of Joliet City
Attorney Experience)
Residency in the City of Laurel and Commitment to the Laurel Community
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File Attachments for Item:
7. Resolution - A Resolution Awarding The Bid And Authorizing The Mayor To Execute All
Contract And Related Documents For The Project Known As The Wtp Lift Well Replacement.
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R22-____ Awarding Bid and Authorizing Mayor to Execute Contract Documents for Project Known as The WTP
Lift Well Replacement
RESOLUTION NO. R22-_____
A RESOLUTION AWARDING THE BID AND AUTHORIZING THE MAYOR TO
EXECUTE ALL CONTRACT AND RELATED DOCUMENTS FOR THE PROJECT
KNOWN AS THE WTP LIFT WELL REPLACEMENT.
WHEREAS, the City of Laurel needs to conduct a Lift Well Replacement, known as
the WTP Lift Well Replacement Project (hereinafter “the Project”);
WHEREAS, the City of Laurel has complied with its procurement policy and Montana
law by utilizing a competitive bid process to ensure the project cost and firm selected is in t he
best interests of the City in both quality and price; and
WHEREAS, the City of Laurel sought bids from qualified firms to complete the project
by publicly advertising the project pursuant to Montana law; and
WHEREAS, the City of Laurel received a responsive bid from KLE Construction, LLC
(hereinafter “KLE”) for the project; and
WHEREAS, KLE’s bid to complete the project is for the total cost of One Million One
Hundred Seventeen Thousand Five Hundred Dollars and No Cents ($1,117,500.00);
WHEREAS, KLE was the lowest qualified bidder, and such bid is attached hereto and
incorporated by reference herein; and
WHEREAS, the City of Laurel currently possesses adequate funds to complete the
project and it is in the City of Laurel’s best interests to proceed with the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council accepts the bid with KLE and the Mayor is authorized to execute
all contract and related documents with KLE for the project known as the WTP Lift Well
Replacement, pursuant to the terms and conditions contained in the attached bid for the total
cost of One Million One Hundred Seventeen Thousand Five Hundred Dollars and No Cents
($1,117,500.00).
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
APPROVED by the Mayor the _____ day of June, 2022.
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R22-____ Awarding Bid and Authorizing Mayor to Execute Contract Documents for Project Known as The WTP
Lift Well Replacement
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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WTP Lift Well Replacement Notice of Award Form C-510
KLJ Project 2004-01487 Page 1 of 1
Notice of Award
Date: 6/1/2022
Project: WTP Lift Well Replacement
Owner: City of Laurel Owner's Contract No.: N/A
Contract: Schedule 1 – Base Bid Engineer's Project No.: 2004-01487
Bidder: KLE Construction, LLC
Bidder's Address: PO Box 80626
Billings, MT 59108
You are notified that your Bid dated May 19th, 2022, for the above Contract has been considered.
You are the Successful Bidder and are awarded a Contract for the WTP Lift Well Replacement Project .
The Contract Price of your Contract is One Million One Hundred Seventeen Thousand Five Hundred
Dollars ($ 1,117,500.00).
4 copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the
Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01).
3. Other conditions precedent:
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Laurel
Owner
By:
Authorized Signature
Title
Copy to Engineer
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File Attachments for Item:
8. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The
Agreement For Provision Of Fire Services By And Between The City Of Laurel And The Laurel
Airport Authority
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R22-____ Approve the Agreement for Provision of Fire Services for the Laurel Airport Authority
RESOLUTION NO. R22-_____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT FOR PROVISION OF FIRE SERVICES BY AND
BETWEEN THE CITY OF LAUREL AND THE LAUREL AIRPORT AUTHORITY
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Agreement for Provision of Fire Services for the Laurel
Airport Authority, by and between the City of Laurel and the Laurel Airport Authority
(hereinafter “the Agreement for Provision of Fire Services”), a copy attached hereto and
incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
for Provision of Fire Services for the Laurel Airport Authority on behalf of the City.
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
APPROVED by the Mayor the _____ day of June, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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File Attachments for Item:
9. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute The
Agreement For Provision Of Fire Services By And Between The City Of Laurel And
Yellowstone Boys And Girls Ranch
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R22-____ Approve the Agreement for Provision of Fire Services for the Yellowstone Boys and Girls Ranch
RESOLUTION NO. R22-_____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT FOR PROVISION OF FIRE SERVICES BY AND
BETWEEN THE CITY OF LAUREL AND YELLOWSTONE BOYS AND GIRLS
RANCH
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Agreement for Provision of Fire Services for the
Yellowstone Boys and Girls Ranch, by and between the City of Laurel and the Yellowstone
Boys and Girls Ranch (hereinafter “the Agreement for Provision of Fire Services”), a copy
attached hereto and incorporated herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
for Provision of Fire Services for the Yellowstone Boys and Girls Ranch on behalf of the City.
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
APPROVED by the Mayor the _____ day of June, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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File Attachments for Item:
10. Resolution - Resolution Of The City Council Approving An Application For Special Review
For S2 Properties, Llc, D/B/A Your Pie, Authorizing The Sale And Consumption Of Beer And
Wine On Premises, Within An Existing Structure Located At 102 South 1st Avenue, City Of
Laurel, Mt.
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R22-____ Special Review for S2 Properties, LLC, d/b/a Your Pie, 102 S. 1st Avenue, Laurel, MT 59044
RESOLUTION NO. R22-_____
RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR
SPECIAL REVIEW FOR S2 PROPERTIES, LLC, D/B/A YOUR PIE,
AUTHORIZING THE SALE AND CONSUMPTION OF BEER AND WINE ON
PREMISES, WITHIN AN EXISTING STRUCTURE LOCATED AT 102 SOUTH 1ST
AVENUE, CITY OF LAUREL, MT.
WHEREAS, S2 Properties, LLC, d/b/a Your Pie ("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) and
the SE 4th Street Overlay District within the City of Laurel; and
WHEREAS, the Applicant seeks to sell and allow consumption of beer and wine on its
premises, within an existing structure that will be renovated and located at 102 S. 1st Avenue,
Laurel, MT 59044, to be known as Your Pie, more particularly described as East Yellowstone
Sub, S16, T02 S, R24 E, Block 31, Lot 1-6, less highway 102 S. 1st Avenue, City of Laurel,
Yellowstone County, Montana;
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; and
WHEREAS, the Laurel-Yellowstone City-County Planning Board (acting as the
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 approval of the Application for Special Review.
Applicant may request an extension if necessary.
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R22-____ Special Review for S2 Properties, LLC, d/b/a Your Pie, 102 S. 1st Avenue, Laurel, MT 59044
4. The operation of the business at the site shall not be done in such a manner as
to cause 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 Application for
Special Review shall require Applicant to submit additional documentation to
the City of Laurel for subsequent processing and approval or denial.
WHEREAS, a public hearing was held on the _____ day of June, 2022 at the City
Council Meeting;
WHEREAS, the City Council of the City of Laurel hereby finds, based upon 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.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the
Application for Special Review to allow the Applicant to sell and allow consumption of beer
and wine on its premises, located at 102 S. 1st Avenue, Laurel, MT 59044, to be known as Your
Pie; 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, the Staff Report, and all attachments thereto;
FINALLY, BE IT RESOLVED that the Application for Special Review, Staff Report,
and all attachments thereto are hereby incorporated as part of this Resolution.
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
APPROVED by the Mayor the _____ day of June, 2022.
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R22-____ Special Review for S2 Properties, LLC, d/b/a Your Pie, 102 S. 1st Avenue, Laurel, MT 59044
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City-County Planning Board and Zoning Commission
FROM: Kurt Markegard
PROJECT: Special Review Application for “Your Pie” 102 South 1st Avenue
DATE: May 16th, 2022
N/LOCATION:
DESCRIPTION OF REQUEST
An application for Special Review was submitted by S2 Properties LLC. for the property at 102 S.
1st Avenue in Laurel. The property owner plans to renovate the currently vacant commercial
building to operate a new food establishment. 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 sale of beer and wine within a restaurant.
Owner: S2 Properties LLC.
Legal Description: East Yellowstone Sub, S16, T02 S, R24 E, BLOCK 31, Lot 1 - 6, less highway
Address: 102 S 1st Ave, Laurel, MT 59044
Parcel Size: 20,405sqft
Existing Land Use: Commercial, currently vacant building
Proposed Land Use: Restaurant
Existing Zoning: Highway Commercial (HC), Community Entryway Zoning District (CEZD),
SE 4th Street Overlay District
/LOCATION:
BACKGROUND AND PROCEDURAL HISTORY
• Randy and Parker Swenson contacted the Planning department about opening a new
restaurant called “Your Pie” in March 2022 in the former location of “Taco John’s”.
• Kurt Markegard visited the Billings location of “Your Pie” and realized that they serve
beer at their restaurant. Kurt called and informed Randy and Parker that they would
need a special review for alcohol sales as part of their restaurant in Laurel.
• Parker Swenson submitted the application for special review on April 29,2022.
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• May 18, 2022: Public Hearing scheduled at the Planning Board and Zoning Commission
for the Special Review.
STAFF FINDINGS
• The applicant has applied for the operation of a restaurant that will serve alcohol at the
property of 102 S 1st Avenue.
• The application contains all the necessary information to move forward to review by
Planning Board and City Council.
• The proposed used of the building is changing from a restaurant to a restaurant that will
sell alcohol.
• The building is near other establishments operating with alcohol beverage licenses.
• 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):
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,
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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 Department 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.
4. The operation of the site shall not be done in such a manner as to be 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.
ATTACHMENTS
1. Special Review Application Packet and Form
2. Adjacent Property Owners Map (300ft)
3. Adjacent Property Owners List (300ft)
4. Site Overview
5. Mailing Labels
6. LMC 17.68 – Special Review Procedures
7. Public Notice for Special Review Public Hearing
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File Attachments for Item:
11. Resolution - Resolution Of The City Of Laurel City Council Granting A Variance From The
City’s Zoning Regulations To Allow The Property Owner To Construct An Addition On The
Home At 319 3rd Avenue, Laurel Mt, Which Shortens The Twenty-Foot Setback To A Six-Foot
Setback
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R22-____ Approve Land-Use Variance at 319 3rd Avenue, Laurel MT
RESOLUTION NO. R22-_____
RESOLUTION OF THE CITY OF LAUREL CITY COUNCIL GRANTING A
VARIANCE FROM THE CITY’S ZONING REGULATIONS TO ALLOW THE
PROPERTY OWNER TO CONSTRUCT AN ADDITION ON THE HOME AT 319 3RD
AVENUE, LAUREL MT, WHICH SHORTENS THE TWENTY-FOOT SETBACK TO
A SIX-FOOT SETBACK
WHEREAS, the Property Owner Cassie Page (hereinafter “the Property Owner”)
presently owns a home at 319 3rd Avenue, Laurel, MT (hereinafter “the Residential Property”);
and
WHEREAS, the Residential Property is currently subject to a setback under the City of
Laurel Zoning Regulations, restricting construction to a twenty-foot setback; and
WHEREAS, the Property Owner currently seeks a variance to allow her to construct an
addition onto the back portion of the home situated on the Residential Property which will
result in a six-foot setback; and
WHEREAS, the Property Owner submitted her request for a variance to the Laurel-
Yellowstone City-County Planning Board; and
WHEREAS, the Laurel-Yellowstone City-County Planning Board, sitting as the Zoning
Commission, held a public hearing on the matter and no protests were made to the request and
the Property Owner testified in support of her requested variance; and
WHEREAS, the Laurel-Yellowstone City-County Planning Board, sitting as the Zoning
Commission, considered all of the documentary evidence in the applicant's file and the
testimony of the Property Owner and recommends the approval of the variance based on the
reasoning and rationale contained in the meeting minutes; and
WHEREAS, the City Council of the City of Laurel hereby adopts the findings of the
Zoning Commission as contained in the Commission's meeting minutes, and further the City
Council finds it is in the best interests of the residents of the City of Laurel to allow the variance
since:
1. allowing the variance in this case relates only to a special condition that is
specific to the applicant;
2. the current hardship was not created by the applicant;
3. the variance requested appears to be within the spirit, intent and purpose of the
zoning regulations; and
4. granting the variance will not injure or result in an injustice to others.
56
R22-____ Approve Land-Use Variance at 319 3rd Avenue, Laurel MT
NOW THEREFORE, BE IT RESOLVED that the Property Owner’s request for a
variance is hereby approved for the property located at 319 3rd Avenue, Laurel, MT, allowing
a six-foot setback for construction of an addition onto the back portion of the home situated on
the Residential Property; and
BE IT FURTHER RESOLVED, that the variance is site specific to this address.
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
APPROVED by the Mayor the _____ day of June, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
57
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File Attachments for Item:
12. Resolution - Resolution Authorizing The Mayor To Reinstate An Encroachment Permit For
Newkirk Real Estate-Montana, LLC, D/B/A Thomae Lumber.
75
R22-____ Approve Reinstatement of Encroachment Permit for Newkirk Real Estate-Montana, LLC, d/b/a
Thomae Lumber
RESOLUTION NO. R22-_____
RESOLUTION AUTHORIZING THE MAYOR TO REINSTATE AN
ENCROACHMENT PERMIT FOR NEWKIRK REAL ESTATE-MONTANA, LLC,
D/B/A THOMAE LUMBER.
WHEREAS, Newkirk Real Estate-Montana, LLC, d/b/a Thomae Lumber, operates a
business at 501 East Main Street in Laurel, Montana (hereinafter “the Thomae Lumber
business”); and
WHEREAS, the Thomae Lumber business is located between Washington Avenue and
Wyoming Avenue and East Main Street and the alley between East Main Street and East First
Street; and
WHEREAS, the Thomae Lumber business initially utilized Main Street for loading and
unloading material for its business operations, but the City subsequently permitted the Thomae
Lumber business to unload on Washington Avenue; and
WHEREAS, the City adopted an ordinance in 1993 that provided for loading zones on
Wyoming and Washington Avenues, however, said ordinance was ultimately rescinded; and
WHEREAS, in 2001, the City Council referred the matter to the Public Works
Committee to resolve safety and road repair issues in order to enable the Thomae Lumber
business to unload near their business location per an agreement to be negotiated between the
City and Thomae Lumber; and
WHEREAS, by way of Resolution R07-09, the City Council of the City of Laurel,
Montana approved a five-year Encroachment Permit for Thomae Lumber on February 6, 2007;
and
WHEREAS, by way of Resolution R07-109, the City Council of the City of Laurel,
Montana consented to the assignment of the Encroachment Permit from Thomae Lumber to
Newkirk Real Estate-Montana, LLC on December 18, 2007; and
WHEREAS, the Encroachment Permit has now since expired, but Newkirk Real Estate-
Montana, LLC has requested that the City reinstate said Encroachment Permit, to allow the
Thomae Lumber business to unload near their business location; and
WHEREAS, upon review of this situation, the original Encroachment Permit, and the
special facts and circumstances surrounding the Thomae Lumber business’ situation, the City
Council has determined that reinstatement of the Encroachment Permit is appropriate and in
the City’s bests interest.
76
R22-____ Approve Reinstatement of Encroachment Permit for Newkirk Real Estate-Montana, LLC, d/b/a
Thomae Lumber
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the original Encroachment Permit, assigned by Thomae Lumber to Newkirk Real
Estate-Montana, LLC is hereby reinstated for a five (5) year term commencing the date of this
approval by City Council; and
BE IT FURTHER RESOLVED, that all rights, interests, duties, and responsibilities,
existing under the original Encroachment Permit, assigned by Thomae Lumber to Newkirk
Real Estate-Montana, LLC, shall be in effect for a five (5) year term commencing the date of
this approval by City Council.
Introduced at a regular meeting of the City Council on the _____ day of June, 2022, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
June, 2022.
APPROVED by the Mayor the _____ day of June, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
77