HomeMy WebLinkAboutCouncil Workshop Packet 09.20.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, SEPTEMBER 20, 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. Motion to allow Council Member Sparks to be absent from the City of Laurel for more than ten
days. (LMC 2.12.060)
2. Appointment of Gabriel Seibert to the Laurel Police Department.
Executive Review
3. Resolution - A Resolution Of The City Council Authorizing The Addition Of City Of Laurel
Deputy Clerk/Treasurer Amber Hatton To All City Accounts.
4. Ordinance No. O22-04: An Ordinance Amending Section 2.20.010 Of The Laurel Municipal
Code Relating To The City Court Clerk For The City Of Laurel
5. Ordinance O22-05: An Ordinance Amending Chapter 1.01 (Code Adoption) Of The Laurel
Municipal Code Relating To The General Provisions
Council Issues
6. City Vision Disscussion
7. Possible New Committees Discussion (Revenue Advisory Board and Parking Advisory Board)
8. City’s Official Statement Regarding Parking within the City of Laurel.
9. Press Release Regarding Extra-Territorial Zoning Issues.
10. Garbage Rates Discussion
Other Items
Attendance at Upcoming Council Meeting
Announcements
The City makes reasonable accommodations for any known disability that may interfere with a person’s abil ity to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
1
File Attachments for Item:
3. Resolution - A Resolution Of The City Council Authorizing The Addition Of City Of Laurel
Deputy Clerk/Treasurer Amber Hatton To All City Accounts.
2
R22-____ Approve Addition of Deputy Clerk/Treasurer to All Accounts
RESOLUTION NO. R22-_____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ADDITION OF
CITY OF LAUREL DEPUTY CLERK/TREASURER AMBER HATTON TO ALL
CITY ACCOUNTS.
WHEREAS, City of Laurel employee Amber Hatton has assumed the role of City of
Laurel Deputy Clerk/Treasurer; and
WHEREAS, the personnel change within the Clerk/Treasurer’s Department
necessitates that Deputy Clerk/Treasurer Amber Hatton be added to all City accounts, effective
upon passage of this Resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel,
Montana that the Mayor is hereby authorized to add Deputy Clerk/Treasurer Amber Hatton to
all City accounts.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
3
File Attachments for Item:
4. Ordinance No. O22-04: An Ordinance Amending Section 2.20.010 Of The Laurel Municipal
Code Relating To The City Court Clerk For The City Of Laurel
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Ordinance No. 022-04 Section 2.20.010, City Court Clerk
ORDINANCE NO. 022-04
AN ORDINANCE AMENDING SECTION 2.20.010 OF THE LAUREL MUNICIPAL
CODE RELATING TO THE CITY COURT CLERK FOR THE CITY OF LAUREL
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing LMC § 2.20.010 (City Court Clerk – Office Created) as noted herein and hereby
recommends the same to the City Council for their full approval.
2.20.010 Office Ccreated—Duties and Rrequirements.
A. There is created the position office of city Cclerk of
Ccourt. The Cclerk of Ccourt shall be appointed by the city
judge. hired, supervised, and managed by the City, subject to all
terms and conditions of the City Court Clerk employment
position.
B. It shall be the duty of the Cclerk of Ccourt to perform all
duties as required by law and the Rrules of the Ccity Ccourt.
C. Before entering upon the duties of office, the Cclerk of
Ccourt shall take the oath prescribed by Art. III, Section 3 of the
Montana Constitution. law for all city officers.
D. The clerk of court's term of office shall be the same as is
provided by law and ordinance for the city judge, and until a
successor is appointed.
D. The City shall set the salary of the Clerk of Court.
E. The Cclerk of Ccourt may certify any records or
documents of the Ccity Ccourt. and may act for the city court
as permitted by law or rules of the city court.
F. The Clerk of Court will establish, maintain, retain, and
administer all Court records by means of paper or electronic
filing and storage or both. The Clerk of Court will assist the City
Court Judge in the recording and signing of court proceedings as
well as general operations of the Court.
F. The salary of the clerk of court shall be set by resolution
of the city council.
G. The clerk of court is a part-time position with a thirty-
hour work week.
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Ordinance No. 022-04 Section 2.20.010, City Court Clerk
(Ord. 890, 1986: Ord. 825 §§ 1—7, 1985: prior code § 2.16.130)
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on the
13th day of September 2022, upon Motion by Council Member _____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the _____
day of ______________, 2022, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the _____ day of ______________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
6
File Attachments for Item:
5. Ordinance O22-05: An Ordinance Amending Chapter 1.01 (Code Adoption) Of The Laurel
Municipal Code Relating To The General Provisions
7
Ordinance No. 022-05 Chapter 1.01 of LMC (Code Adoption)
ORDINANCE NO. 022-05
AN ORDINANCE AMENDING CHAPTER 1.01 (CODE ADOPTION) OF THE
LAUREL MUNICIPAL CODE RELATING TO THE GENERAL PROVISIONS
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing Chapter 1.01 of the Laurel Municipal Code (Code Adoption) as noted herein and
hereby recommends the same to the City Council for their full approval.
1.01.010 Adoption.
There is hereby adopted the Laurel Municipal Code, as published
by Book Publishing Company, Seattle, Washington.
(Ord. 984 § 1, 1991)
1.01.020 Title—Citation—ReferenceCode Designated and
Cited.
This Code shall be known as the “Laurel Municipal Code” and it
shall be sufficient to refer to this Code as “the LMC,” in any
prosecution for the violation of any provision thereof or any
proceeding at law or equity. It shall also be sufficient to designate
any Ordinance adding to, amending, correcting, or repealing all
or any part or portion thereof as an addition to, amendment to,
correction of, or repeal of the "Laurel Municipal Code." Further
reference may be had to the chapters, articles, divisions, sections
and subsections of the "Laurel Municipal Code" and such
reference shall apply to that numbered chapter, article, division,
section or subsection as it appears in this Code.
may be referred to as the Laurel Municipal Code in any
prosecution for the violation of any provision thereof of any
proceeding at law or equity. Prosecutions for violations of
Laurel, Montana's ordinances and actions based thereon shall
refer to the Laurel Municipal Code sections as well as the
underlying ordinance upon which the prosecution or action is
based. Amendments to any ordinance or portions thereof of
Laurel, Montana, shall also refer to the Laurel Municipal Code
sections under which such ordinances are codified.
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Ordinance No. 022-05 Chapter 1.01 of LMC (Code Adoption)
(Ord. 984 § 2, 1991)
1.01.030 Provisions Ccodified.
This code consists of all the regulatory and penal ordinances and
certain of the administrative ordinances orOrdinances of the City
of Laurel, Montana.
(Ord. 984 § 3, 1991)
1.01.040 Ordinances Ppassed Pprior to Aadoption of the
Ccode.
The last Oordinance included in this Ccode was Ordinance 979,
passed August 7, 1990. The following Oordinances, passed
subsequent to Ordinance 979, but prior to adoption of this Ccode,
are adopted and made a part of this Ccode: Ordinances 980, 981,
982 and 983, as amended.
(Ord. 984 § 4, 1991)
1.01.050 References to Code. applies to all amendments.
Whenever a reference is made to this Code as the “Laurel
Municipal Code” or any portions thereof, or to any Ordinance of
the Ccity of Laurel, Montana, the reference shall apply to all
amendments, corrections and additions heretofore, now or
hereafter made.
(Ord. 984 § 5, 1991)
1.01.060 Title, chapter and section headingsHeadings.
Chapter, article, division, and section headings contained herein
shall not be deemed to govern, limit, modify or in any manner
affect the scope, meaning or intent of the provisions of any
chapter, article, division, or section hereof. Title, chapter and
section headings contained herein shall not be deemed to govern,
limit, modify or in any manner affect the scope, meaning or
intent of the provisions of any title, chapter or section hereof.
(Ord. 984 § 6, 1991)
1.01.070 Reference to Sspecific Oordinances.
9
Ordinance No. 022-05 Chapter 1.01 of LMC (Code Adoption)
The provisions of this Ccode shall not in any manner affect
matters of record which refer to, or are otherwise connected with,
Oordinances which are therein specifically designated by
number or otherwise, and which are included within the Ccode,
but such reference shall be construed to apply to the
corresponding provisions contained within this Ccode.
(Ord. 984 § 7, 1991)
1.01.080 Effect of Ccode on past actions and obligations.
Neither the adoption of this code nor the repeal of amendments
of any ordinance or part or portion of any ordinance of the city
shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the
effective date hereof, nor be construed as a waiver of any license,
fee or penalty at said effective date due and unpaid under such
ordinances, nor be construed as affecting any of the provisions
of such ordinances relating to the collection of any such license,
fee or penalty, or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or cash deposit in
lieu thereof required to be posted, filed or deposited pursuant to
any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
A. The provisions of this Code shall not in any manner affect
deposits or otherwise any other matters of record which refer
to, or otherwise be connected with Ordinances which are
therein specifically designated by number or otherwise and
which are included within this Code, but such reference shall
be construed to apply to the corresponding provisions
contained within this Code.
B. Neither the adoption of this Code nor the repeal or
amendment hereby of any ordinance or part or portion of any
Ordinance of the City shall in any manner affect the
prosecution for violations of Ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license fee, or penalty at the
effective date due and unpaid under such Ordinances, nor be
construed as affecting any of the provisions of such
Ordinances relating to the collection of any such license, fee
or penalty, or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or cash deposit
Formatted: List Paragraph, Indent: Left: 1.27"
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1" + Indent at: 1.27"
10
Ordinance No. 022-05 Chapter 1.01 of LMC (Code Adoption)
in lieu thereof required to be posted, filed or deposited
pursuant to any Ordinance, and all rights and obligations
thereunder appertaining shall continue in full force and
effect.
(Ord. 984 § 8, 1991)
1.01.090 Effective Ddate.
This codeCode shall become effective on the date the
Oordinance adopting this codeCode as the "Laurel Municipal
Code" shall become effective.
(Ord. 984 § 9, 1991)
1.01.100 Severability.
If any section, subsection, sentence, clause, phrase, portion, or
part of this Code is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of
this Code. The City Council hereby declares that it would have
adopted this Code and each section, subsection, sentence, clause,
phrase, part, or portion thereof, irrespective of the fact that any
one or more sections, subsections, clauses, phrases, parts, or
portions be declared invalid or unconstitutional.
1.01.110 Continuation of Provisions.
The provisions appearing in this Code, so far as they are the same
as those of Ordinances existing at the effective date of this Code,
shall be considered as continuation thereof and not as new
enactments.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on the
13th day of September 2022, upon Motion by Council Member _____________________.
PASSED and ADOPTED by the Laurel City Council on second reading on the _____
day of ______________, 2022, upon Motion by Council Member _____________________.
APPROVED BY THE MAYOR on the _____ day of ______________, 2022.
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Font: Not Bold
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Ordinance No. 022-05 Chapter 1.01 of LMC (Code Adoption)
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
12
File Attachments for Item:
6. City Vision Disscussion
13
CITY OF LAUREL PROPOSED VISION STATEMENT
Date: September 2022
Re: For Discussion Item by City Council Members/Mayor
Various City of Laurel City Council Members expressed interest in possibly agreeing on a
“Vision Statement” for the City of Laurel, to be approved by Mayor Dave Waggoner and the City
of Laurel City Council.
City Staff has prepared the following proposed “Vision Statement” for the Mayor and
Council’s consideration.
MAYOR AND CITY COUNCIL VALUES, VISION, MISSION, GOALS AND
STRATEGIES FOR THE CITY OF LAUREL, MONTANA
CORE VALUES
These are the Core Values of the City of Laurel, Montana.
LEADERSHIP:
We strive to uphold the highest work ethic, treat everyone fairly, empower people to do
their best, promote continuous improvement, foster teamwork, and communicate openly and
respectfully, so that, as a City, we are able to achieve trust and accountability throughout our
community.
INCLUSIVENESS:
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We cultivate an environment of trust and respect for all residents and visitors alike. We
strive to ensure that our actions are inclusive and reflective of the community we strive to be, while
maintaining our “small town roots” and keeping our historical values in focus.
INTEGRITY:
We safeguard public trust through honest business practices and open communication. Our
credibility with the public depends on our strong ethical stewardship of all resources.
COLLABORATION:
We promote transparent engagement with citizens and stakeholders and expect our City
personnel and consultants to understand the needs and values of our community.
STEWARDSHIP:
We protect our unique natural environment and the habitat it provides. We facilitate a
culture of sustainable practices. We maintain and preserve our municipal assets.
VISION STATEMENT
The City of Laurel will thoughtfully grow as an Eastern Montana community that protects
residential character, historic resources, promotes multi-beneficial development, ensures respect
for the environment, and maintains a friendly and “home-town” feel.
MISSION STATEMENT
Deliver quality professional public services to all residents in the City of Laurel community
and the region, while ensuring high value and quality results.
GOALS AND CORRESPONDING STRATEGIES
1. City Asset Stewardship: Repair, maintain and improve City assets, including streets,
sidewalks, sewer systems, buildings, parks and public spaces to better serve the community,
anticipate future needs and prevent further degradation.
a. Work with community partners for possible development of a City Splash Park for use by
City residents and families.
b. Upkeep of City signage.
c. Invest in City recreation and outdoor assets, to the extent fiscally responsible.
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2. Transparency, Accountability and Communication: Implement programs, processes,
revisions and training to improve and advance the City's efforts.
a. Establish various Advisory Boards/Committees that encourage citizen involvement.
b. Bolster social media platform presence and utilize City online resources to roll out proposed
programs and resolution/ordinance changes.
c. Design, develop and deploy a community engagement portal.
3. Financial Stability: Develop a strategic plan to better address current and future City
expenditure and revenue needs, while continuing to provide high quality municipal service.
a. Conduct Impact Fee Assessments to determine feasibility of implementing new fees
associated with development and update existing fees.
b. Identify additional/missing City revenue opportunities/sources outside of property tax
streams.
c. Strengthen policies and procedures for financial reporting and budgeting of capital
improvements.
d. Review all local projects for efficiency, optimization, and fiscal sustainability purposes.
e. Identify new grant and other public funding sources for City projects/needs.
4. Growth and Improvement of Public Safety/Emergency Response Services: Assess
continued needs for City residents in being provided the best public safety and emergency response
services.
a. Assess gaps in qualify of public safety/emergency response services and determine how to
best provide services for City residents and community members.
b. Identify grant funding opportunities for public safety and emergency response services.
c. Improve equipment and services addressing public safety needs.
d. Evaluate possible partnerships with Yellowstone County to best serve City residents in
relationship to public safety emergency response services.
5. Complete/Maintained Streets: Plan, design and implement streets, sidewalks, parking,
and transportation methods that allow the best possible access for all types of users.
a. Continue to maintain and improve the existing street and sidewalk infrastructure within the
City of Laurel.
b. Engage the public in conducting parking studies, recommendations, and funding sources for
additional parking within the City of Laurel.
6. Environmental Stewardship: Adopt and develop policies and ordinances that preserve
and protect the environment.
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a. Identify potential projects that foster environmental stewardship, reduce the City’s carbon
footprint and allow eligibility for developing grant funding.
b. Design and implement outreach programs to encourage tree planting and additional
environmental aesthetic growth.
c. Implement public infrastructure projects that enhance conservation of the environment and
sustainable practices.
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File Attachments for Item:
8. City’s Official Statement Regarding Parking within the City of Laurel.
18
CITY OF LAUREL STATEMENT
Regarding Parking Obligations of the City of Laurel/Issues Raised by Constituents
16 September 2022
The City of Laurel (hereinafter “the City” or “Laurel”) has been posed with various
constituent concerns and complaints regarding parking the City of Laurel. These issues have been,
at different times, raised by way of Public Comment at City of Laurel City Council Meetings. In
addition, certain members of the community have reached out directly to City Staff Members to
ask that the City address various parking issues, as well as implement further expansion plans to
“open up” more parking in the City, and most specifically, in the downtown area of Laurel.
The City acknowledges and understands that many Laurel residents would like to see better
parking options available to both residential members of the community, as well as business
members. As has been discussed at prior City Council Meetings, these issues have been ongoing
in the City of Laurel for many years. Simply put, the City’s historical infrastructure, design, and
implementation of streets/roadways, as well as parking spaces, did not necessarily adequately
prepare for the existing needs of residents, as well as visitors to the City.
The City is committed to continuing to evaluate all options available to it, that are fiscally-
sound and viable, within the City’s limited budget and resources. In that light, the City is evaluating
setting up a Parking Advisory Board, whereby citizen members can help to define issues, create
solutions, find funding options for more and expanded parking, and propose various solutions to
the Mayor, City Council, and City Staff. If you are interested in potentially serving on a City
Parking Advisory Board, please contact Kurt Markegaard, the City of Laurel Public Work’s
Director, and indicate your interest in the same. Mr. Markegaard’s email address is:
kmarkegard@laurel.mt.gov.
In the meantime, it is important to recognize what the City’s obligations are, as it relates to
parking, as well as what they are not.
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Montana law does not require that a municipality provide parking for City residents.
Montana law provides that a municipality may provide parking, although the extent and scope of
that is not defined by law. See e.g.:
7-14-4501. Acquisition, construction, and maintenance of parking areas. A city or
town council may:
(1) acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter
30, lots or lands for use as parking areas for motor vehicles;
(2) construct and maintain on the acquired land or on any premises owned or under
lease by the city or town suitable parking facilities for the use of the public and for
general traffic control; and
(3) charge for the use of parking facilities.
The provision of parking, by a Montana municipality, is elective, not prescriptive. In
addition, there are limitations on how much and to what extent a Montana municipality can install,
maintain, and enforce parking meters. See e.g. Mont. Code Ann. § 7-14-4512. As a general matter,
these are issues that have to be approved by the citizens of the community, before any Ordinances
can be passed related to “pay for parking” options. While the City recognizes that what is elective
legal authority is not the only consideration at issue, the City asks its constituents to understand
what a City’s legal obligations are, versus what they are not.
Limited parking options are a “real and present issue” for many Cities, including most of
the Cities in the State of Montana. Most Montana Cities were not originally designed to
accommodate the number of drivers and vehicles that residents and visitors utilize, in our present
“day and age.” Therefore, many Montana cities have limited parking options, especially in the
more historic and downtown areas of the Cities. Laurel is no exception to that. These are issues
that have faced all but the most-sprawling municipalities in this State.
The City will continue to evaluate options available to best serve Laurel constituents. These
options may include metered parking, permitted parking lots, and eventually, even a parking
facility/garage. In the meantime, the more that Laurel residents can be active in proposing solutions
– both as to ideas of ways to address traffic flow and parking issues – as well as propose funding
options for these expansion opportunities, the better able that we will all be able to “work in
partnership together.” Any growth and development in the City of Laurel, especially the downtown
and historic areas, will require a balancing of not just needs and demands, but also of costs involved,
space available, and impact upon both residential community members and businesses.
As informed constituents likely realized the course of the past several weeks, as the City
worked hard to create a balanced budget, Montana law simply does not create great revenue streams
for municipalities in this State. City demands are largely served only by way of limited property
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taxes. And those property taxes, for a City the size of Laurel, do not cover excess expenditures.
Budget limitations within the City have required being very careful about use of funds, and where
monies are spent. When the City is forced to evaluate funding related to public services such as
emergency response, the Laurel Police Department, Fire, and other necessary and important
resources – the City, very unfortunately, does not have significant funds left-over for improvements
related to services such as parking. That is where constituent involvement is very important – as
active citizens in this community, proposing solutions, grant fund options, partnerships with private
enterprises, and other resources for revenue-streams – can make an enormous difference in what
funds might be available to better expand these services.
The City also invites and encourages interested Laurel community members to speak
directly with your State Representatives about exploring different funding options for
municipalities in this State, including the City of Laurel, which will make more revenue resources
available to our community.
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File Attachments for Item:
9. Press Release Regarding Extra-Territorial Zoning Issues.
22
CITY OF LAUREL PRESS RELEASE
Regarding Extra-Territorial Zoning Issues
16 September 2022
The City of Laurel (hereinafter “the City” or “Laurel”) hereby issues this Press Release
regarding issues involving extra-territorial zoning outside City limits.
The City understands and appreciates that varying and divergent views have been expressed
throughout the course of this year, related to whether and to what extent the City can zone properties
that are outside City boundaries. The City also appreciates that there are varying “stakeholders”
and opinions in relationship to these issues, as well as both support and concerns raised by various
individuals.
The City has prepared and issued a Legal Opinion regarding these matters. While this Press
Release certainly does not encompass all of the issues raised in that Legal Opinion, it attempts to
“simplify” the City’s obligations in relationship to extra-territorial zoning issues.
1. At the present time, no Zone Change Application by any County resident is in front of
City Council for consideration. The City of Laurel City Council has no authority to act
on any extra-territorial zoning issue, at this time.
2. The City itself does not have legal authority to exercise extra-territorial zoning control
over County properties, as the County has not ceded this authority to the City of Laurel,
by way of an Interlocal Agreement between the County and the City. While the City
respects and recognizes that these complicated legal issues can be difficult for many
City residents to understand, simply put, the only way that a municipality can legally
zone properties outside of its City boundaries is if the surrounding County has ceded
those legal duties to the municipality. There is long-standing law on this issue in
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Montana, which has been upheld on appeal to the Montana Supreme Court, and the City
of Laurel is bound and required to follow that law. Unless and until Yellowstone County
formalizes a clear and present intent to have the City of Laurel zone extra-territorial
County properties, the City would be acting improperly to do so.
3. Therefore, at the present time, the City cannot take any legal action to consider, evaluate,
enforce, or otherwise assess zoning issues for County residents and properties.
If any City of Laurel residents have any questions regarding this issue, they may contact the
City of Laurel Civil Attorney and request a copy of the City’s Legal Opinion at the following email
address: civilattorney@laurel.mt.gov.
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File Attachments for Item:
10. Garbage Rates Discussion
25
R22-____ Intent to Increase Solid Waste Collection and Disposal Fees
RESOLUTION NO. R22-_____
RESOLUTION OF THE CITY OF LAUREL CITY COUNCIL OF INTENT TO
INCREASE THE CITY OF LAUREL'S SOLID WASTE RATES AND SETTING A
DATE AND TIME FOR A PUBLIC HEARING.
WHEREAS, a need is anticipated for repair, improvement, and continued operation and
maintenance of existing and proposed solid waste facilities, equipment, and services for the
providing of collection and disposal of solid waste for the inhabitants of the City of Laurel,
Montana and its environs (hereinafter “the City”);
WHEREAS, it is essential to the public health, welfare, and safety of the inhabitants of
the City of Laurel and its environs to provide an adequate and safe solid waste collection service
and to provide adequate funding to meet the cost of constructing, maintaining, and operating
the same;
WHEREAS, the current solid waste collection and disposal rates and charges in effect
at the present time within the City of Laurel are not adequate to provide revenues with which
to defray the increased costs of operation, maintenance, and capital of the City's solid waste
facilities, equipment, and services;
WHEREAS, the provision of the solid waste facilities, equipment, and services is
essential to the preservation of the public's health and welfare;
WHEREAS, that the new rates must, before taking effect, be approved by the City
Council after advertising and conducting a public hearing pursuant to the City's Charter and
Mont. Code Ann. § 69-7-111;
WHEREAS, current budgetary requirements with respect to the operation of said
facilities, equipment, and services, in addition to ongoing and future projects, require the
proposed rate increase to enable the City to proceed as expeditiously as possible to accomplish
the objectives herein above recited; and
WHEREAS, pursuant to its Charter and Montana law, the City Council has determined
that a public hearing must be advertised and held to gather public testimony and input regarding
the proposed increases in solid waste rates and charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LAUREL, MONTANA:
1. That the City Council considers it both advisable and necessary to increase the
municipal solid waste rates and charges for all users and proposes to increase the
rates and charges as specifically contained on the rate and charge schedule marked
26
R22-____ Intent to Increase Solid Waste Collection and Disposal Fees
“Exhibit A” that is attached hereto and hereby incorporated into this Resolution by
reference.
2. That a public hearing shall be held on the _______ day of __________________,
2022, at 6:30 p.m. in the City Council Chambers, at City Hall, Laurel, Montana, for
the purpose of gathering and receiving testimony, input, and comments from all
interested or affected users, citizens, persons, associations, corporations and/or
companies.
3. Notice of the Hearing shall be published once a week for three consecutive weeks
in the Yellowstone County News, a newspaper that conforms to the requirements
of Mont. Code Ann. § 7-1-4127, and the first such publication shall not be more
than twenty-eight (28) days prior to the hearing and the last publication shall be not
less than three (3) days prior to the hearing, in a form substantially similar to the
Notice of Public Hearing marked and attached hereto as “Exhibit B.”
4. Additionally, the Notice of the Hearing shall be mailed at least seven (7) days and
not more than thirty (30) days prior to the hearing to all persons who are served by
the City's utility. The notice shall contain an estimate of the amount the customer’s
average monthly bill will increase.
Introduced at a regular meeting of the City Council on the ______ day of
_____________, 2022 by Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
______ day of _____________, 2022.
APPROVED by the Mayor on the ______ day of _____________, 2022.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
27
R22-____ Intent to Increase Solid Waste Collection and Disposal Fees
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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Landfill
120,000
110,000
100,000 ,_
90,000 t Landfill
80,000
70,000
60,000
2005 2006 2007 2008 2009 2010 2011 2012 2013
Labor
310,000
46.,................./..,_4
290,000
270,000
250,000 +_
230,000 t Labor
210,000
190,000
170,000
150,000 r
2005 2006 2007 2008 2009 2010 2011 2012 2013
Gas
60,000.00
sivrita
55,000.00
50,000.00
45,000.00
40, 000.00 f -Gas
35,000.00
30,000.00
25,000.00
20,000.00
2005 2006 2007 2008 2009 2010 2011 2012 2013
32
City of laurel
PO Box 10 J ,
Laurel MT 5 044AA9
Phone 628 -7431
Fax 628 -2289
May 27, 2014
RE: Proposed Solid Waste Rate Increase
Dear Customer,
Greetings from the City of Laurel. This letter is to inform you of an intent to raise the cost of disposing
garbage for all residential and commercial users in the City of Laurel.
The City Council will hold a Public Hearing on June 17t 2014 at 6:30 p.m. in the City Council Chambers
at City Hall to hear citizen comments. The Council welcomes any and all comments in regards to the
future rate structure.
Following is the Current Rate and Proposed Rate Structure for Solid Waste for the next 6 years:
Current:Proposed:
Residential Proposed Residential
July 13 -June 14 11.80 /month July 14 -June 15 12.80 /month
July '15 -June '16 13.05 /month
July '17 -June '18 13.30 /month
July '18 -June '19 13.55 /month
June'19 -July '20 13.80 /month
July '20 -June '21 14.00 /month
Commercial Proposed Commercial
July 2013 -June 2014 0272/gallon July 2014 -June 2015 0296 /gallon
July 2015 -June 2016 0302 /gallon
July 2016 -June 2017 0308 /gallon
July 2017 -June 2018 0314 /gallon
July 2018 -June 2019 0320 /gallon
July 2019 -June 2020 0325 /gallon
33
These rates quoted above are calculated on the following percentages for all users:
Year 1 July 2014 -June 2015 8.47% Increase
Year 2 July 2015 -June 2016 1.95% Increase
Year 3 July 2016 -June 2017 1.92% Increase
Year 4 July 2017 -June 2018 1.88% Increase
Year 5 July 2018 -June 2019 1.85% Increase
Year 6 July 2019 -June 2020 1.45% Increase
The transfer site rates will remain the same.
The rate increase is due to increases in dumping fees at the landfill (up 123% since last rate increase),
fuel costs (up over 216% since last rate increase) and an increase in labor costs.
Due to the frugal control of the Solid Waste Department the City has not raised the rates for the
residential customers since 2000 and commercial customers since 2009.
Thank you for your patronage over the last few years and please come voice your opinion at the Public
Hearing on June 17t 2014. If you are unable to attend the meeting and would like to comment on the
subject you may forward your comments to City of Laurel, P 0 Box 10, Laurel, MT 59044 or e-mail your
comments to cityclerk @laurel.mt.gov.
Sincerely,
Mark A. Mace
Mayor, City of Laurel
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