HomeMy WebLinkAboutCity Council Packet 10.25.2022
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, OCTOBER 25, 2022
6:30 PM
COUNCIL CHAMBERS
NEXT RES. NO.
R18-XX
NEXT ORD. NO.
O18-XX
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of October 11, 2022.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
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.
2. Claims entered through October 21, 2022.
3. Approval of Payroll Register for PPE 10/16/2022 totaling $218,444.63.
4. City Council Closed Executive Session Minutes of February 8, 2022.
5. Council Workshop Minutes of June 7, 2022.
6. Council Workshop Minutes of June 21, 2022.
7. Council Workshop Closed Executive Session Minutes 6.21.2022.
8. Council Workshop Minutes of July 5, 2022.
Ceremonial Calendar
Reports of Boards and Commissions
9. Budget/Finance Committee Minutes of 10.11.2022.
10. Emergency Services Committee Minutes 9.26.2022.
11. Public Works Committee Minutes 9.19.2022.
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12. City-County Planning Board Minutes of September 21, 2022.
13. Park Board Minutes of October 6, 2022.
14. City/County Planning Board Minutes Of October 19, 2022.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
15. Appointment of Aron Kostelecky to the Public Works Committee.
16. Appointment of Jonathan Gotschall to the Public Works Committee.
17. Appointment of Camilla Nelson to the Laurel Urban Renewal Agency for the remainder of a
four-year term ending December 31, 2024.
18. Appointment of Richard Klose to the City/County Planning Board for a two-year term ending
June 30, 2024.
19. Resolution No. R22-67: Resolution Of The City Council Approving An Application For
Special Review For The Pelican Café, Llc Authorizing The Onsite Sale And Consumption Of
Alcohol On Premises, Within An Existing Structure Located At 701 East Main Street, City Of
Laurel
20. Ordinance No. O22-06: An Ordinance Amending Certain Chapters Of Title 12.18 Of The
Laurel Municipal Code Relating To Special Event Permits 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 pe rson’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 October 11, 2022.
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File Attachments for Item:
5. Council Workshop Minutes of June 7, 2022.
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File Attachments for Item:
6. Council Workshop Minutes of June 21, 2022.
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File Attachments for Item:
8. Council Workshop Minutes of July 5, 2022.
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File Attachments for Item:
9. Budget/Finance Committee Minutes of 10.11.2022.
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File Attachments for Item:
10. Emergency Services Committee Minutes 9.26.2022.
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File Attachments for Item:
11. Public Works Committee Minutes 9.19.2022.
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File Attachments for Item:
12. City-County Planning Board Minutes of September 21, 2022.
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MINUTES
CITY OF LAUREL
CITY/COUNTY PLANNING BOARD
WEDNESDAY, SEPTEMBER 21, 2022
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
Present:
Jon Klasna
Roger Giese
Richard Herr
Dan Koch
Judy Goldsby
Kurt Markegard, (City of Laurel)
Absent:
Ron Benner-present for opening of meeting and then left with no objections to the requests.
Gavin Williams
Others
Richard Klose
General Items
1. Meeting Minutes: June 15, 2022
Roger moved to accept the minutes of the July 28t, 2022, planning board meeting and Jon seconded
the motion. All members voted aye.
New Business
2. Carlton sign permit
Kurt gave a brief description of the Carlton sign permit application and told the board that the sign
was designed to the entry way zoning requirements. Roger moved to approve the sign and Richard
seconded it. Judy asked for a vote on the motions, and all were in favor 5-0.
3. On the Run sign permit
Kurt explained that On the Run was going to be the new name of the Conoco C-Store on S1st
Avenue across from the Town Pump Store. The sign is in conformance to a wall sign as per the
regulations. Roger asked what the colors would be, and Judy explained that it was on the attachment
that was presented. Jon asked about the lights for the sign and that was explained by Richard. Judy
also explained that it was going to be illuminated over the door. Richard moved to approve the sign
permit and Dan seconded the motion. Judy asked for a vote on the motions, and all were in favor 5-
0.
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4. Albertson’s sign permit and plans.
Kurt asked the committee to go over the plans that were submitted to building department for a
review of the remodel of the former IGA store. The planning board discussed the plan at length and
Dan asked about the old drug store next door and if that was also part of the plans for the remodel.
Kurt explained that was not going to included and they would keep the remodel withing the existing
store. Richard moved to approve the sign and plans and Roger seconded the motion. Judy asked for
a vote on the motions, and all were in favor 5-0.
Old business
There was none.
Other Items
5. Resignation of Dan Koch
Kurt announced that Dan had resigned effective at the end of September and Kurt wanted to thank
Dan for the years of service he has given to the Planning Board. Dan indicated that he has been a
part of the board for 18 years.
Announcements
Judy announced the next meeting will be on October 19th, 2022. Kurt asked how members could be
contacted for reminders for future meetings. Kurt asked for all cell phone numbers again. The member
stated that phone calls or text messages would work.
6. Motion to Adjourn
Judy entertained a motion to adjourn the meeting and Richard moved with Roger seconded the
motion, and all were in favor 5-0. The meeting was adjourned at 6:15 pm.
Submitted by Kurt Markegard
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File Attachments for Item:
13. Park Board Minutes of October 6, 2022.
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CITY OF LAUREL
PARK BOARD
THURSDAY, October 6, 2022
5:30 PM
COUNCIL CHAMBERS
MINUTES
Meeting called to order at 5:30 by Irv Wilke with Richard Herr, Richard Klose, Evan Bruce and Jon Rutt in attendance. No city representatives
in attendance.
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.
Sue Carter wanted to speak in support of opening the pool because of the limited age use of a splash park.
General Items
1. Approval of Park Board Minutes of September 1, 2022
Evan B moved Richard H 2nd and the motion was approved to approve the minutes from the
September 1 meeting.
New Business
2. Park maintenance District was discussed as an option for financing the expenses of the parks in
Laurel. Creating an enterprise fund for the rental fees of the campground and building being
used for the benefit of the parks was discussed and will be discussed with the City Council.
3. The Rod and Gun Club has and will rent tables and chairs for people renting the buildings from
the city. Evan moved and Richard K 2nd a motion to add this information to the Building Rental
Webpage. The motion was approved. Some discussion on finding the Building reservation
Webpage on the city’s website. More research needs to be done on this.
Old Business
4. 4-H Shooting Sports Program Jamie Krug said they would like to use the Jaycee Hall for BB
gun and Archery. Richard H moved and Evan B 2nd a motion to allow this. Motion passed.
5. South Pond irrigation for trees was completed.
6. Playground Equipment at Lions park-Nothing reported.
7. Fir Field Bike Park is waiting for dirt.
8. Splash Park at Thompson Park is in fundraising mode and starting to build some momentum.
9. Some Lights are up and operating at Riverside Park.
10. American Legion Building has drains installed and framing for new walls. Building was
vandalized and some discussion on securing the building ensued. Hand tools and some
beverages were stolen and a door and window were damaged.
11. Some trees have been removed in Riverside Park. Most people are paying to camp and a person
has shown interest in being a camp host.
Other Items
None
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.
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DATES TO REMEMBER
12. Next meeting November 3, 2022
Meeting was adjourned at 6:15
Jon Rutt
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File Attachments for Item:
14. City/County Planning Board Minutes Of October 19, 2022.
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File Attachments for Item:
15. Appointment of Aron Kostelecky to the Public Works Committee.
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File Attachments for Item:
16. Appointment of Jonathan Gotschall to the Public Works Committee.
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File Attachments for Item:
17. Appointment of Camilla Nelson to the Laurel Urban Renewal Agency for the remainder of a
four-year term ending December 31, 2024.
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File Attachments for Item:
18. Appointment of Richard Klose to the City/County Planning Board for a two-year term
ending June 30, 2024.
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File Attachments for Item:
19. Resolution No. R22-67: Resolution Of The City Council Approving An Application For
Special Review For The Pelican Café, Llc Authorizing The Onsite Sale And Consumption Of
Alcohol On Premises, Within An Existing Structure Located At 701 East Main Street, City Of
Laurel
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R22-67 Special Review for The Pelican Café, 701 East Main Street, Laurel MT 59044
RESOLUTION NO. R22-67
RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR
SPECIAL REVIEW FOR THE PELICAN CAFÉ, LLC AUTHORIZING THE
ONSITE SALE AND CONSUMPTION OF ALCOHOL ON PREMISES, WITHIN AN
EXISTING STRUCTURE LOCATED AT 701 EAST MAIN STREET, CITY OF
LAUREL
WHEREAS, The Pelican Café, LLC (hereinafter “Applicant"), submitted a Special
Review Application for the property located at 701 East Main Street, Laurel MT 59044, which
is currently zoned within the Laurel Central Business Zoning District (hereinafter “CBZD”)
within the City of Laurel; and
WHEREAS, the Applicant seeks to provide for the sale and consumption of alcohol on
its premises, within an existing structure located at 701 East Main Street, Laurel MT 59044, to
be known as The Pelican Café, more particularly described as Allard Subdivision, Lots 9 and
10, Block 27, Section 9, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County,
Montana;
WHEREAS, the Applicant seeks such Special Review pursuant to and anticipating its
purchase and transfer of an All-Beverage Liquor License presently held by Sonny O’Day, Inc.
with the State of Montana;
WHEREAS, the State of Montana Department of Revenue has placed a deadline of
November 19, 2022 for the transfer of the Sonny O’Day, Inc. All-Beverage Liquor License to
The Pelican Café;
WHEREAS, in order to complete the transfer of the All-Beverage Liquor License in a
timely manner, Public Notice and Hearing of the Special Review Application will need to be
waived, so that the City Council of the City of Laurel can approve/deny the Special Review
Application in a manner which allows appropriate action by the State of Montana Department
of Revenue;
WHEREAS, the Laurel Municipal Code and the Special Review procedures for the City
of Laurel allow waiver of extended public notice of Special Review Applications;
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 (acting as the Zoning Commission) considered this matter
on October 19, 2022 and recommends the City Council's approval of the Application for
Special Review, subject to the following conditions:
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R22-67 Special Review for The Pelican Café, 701 East Main Street, Laurel MT 59044
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. 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.
3. The operation of the business at the site shall not constitute a nuisance.
4. 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.
5. 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 19th day of October, 2022 with the Zoning
Commission;
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 of the Zoning Commission (of which there was none), 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 provide for the sale and consumption
of alcohol on its premises, located at 701 East Main Street, Laurel MT 59044; 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 25th day of October 2022, by
Council Member ________________.
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R22-67 Special Review for The Pelican Café, 701 East Main Street, Laurel MT 59044
PASSED and APPROVED by the City Council of the City of Laurel the 25th day of
October 2022.
APPROVED by the Mayor the 25th day of October 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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CITY HALL
115 W. 1ST ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the Director of Public
Works
INTRODUCTION
On Wednesday, September 28, 2022, Chad Page submitted a Special Review Application for onsite sales
and consumption of alcohol within the Laurel Central Business Zoning District (CBZD). The property
involved in the request is the Pelican Cafe, 701 East Main Street, and is described as Allard Subdivision
(Laurel) Lots 9 and 10, Block 27, Section 9, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County,
Montana.
The project will be presented to the Laurel – Yellowstone City County Planning Board on October 19, 2022,
with a recommendation to the Laurel City Council for final decision in November.
PLANNER RESPONSIBILITY
A. Consult with other departments of the City or County to evaluate the impact of the special review
upon public facilities and services; ACCOMPLISHED
B. Study each application with reference to it appropriateness and effect on existing and proposed
land use, and reference to the comprehensive plan; ACCOMPLISHED
C. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel –
Yellowstone City County Planning Board; ACCOMPLISHED
D. Notify by mail, the applicant or his agent at least five days prior to the date of the public hearing
of the date, time and place of such hearing; ACCOMPLISHED
E. Notify, by mail, all property owners within 300 feet of the exterior boundaries of the property
subject to the special review of the date, time and location of the public hearing; ACCOMPLISHED
F. After the public hearing and as part of the public record, report findings and conclusions and
recommendations to the Zoning Commission.
STANDARD OF REVIEW Zoning Commission/City Council
The request complies with the requirements of §17.68.040 of the City of Laurel Zoning;
The request is consistent with the objectives and purpose of Title 17 of the Laurel Municipal Code;
The proposed use is compatible with surrounding land use or is otherwise screened and separated
from adjacent land in such a way as to minimize adverse effects;
The zoning commission shall consider and may impose modification or conditions concerning, but
not limited to:
o Street and road capacity,
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o Ingress and egress to adjoining streets,
o Off-street parking,
o Fencing, screening and landscaping.
o Building bulk and location,
o Usable open space,
o Signs and lighting,
o Noise, vibration, air pollution and similar environmental influences.
VARIANCES REQUESTED
N/A. None Requested.
Recommendation to the City Council for special review for 701 East Main Street.
On October 19, 2022, the zoning commission held a public hearing to consider a special review for the
sale of onsite alcohol consumption at 701 E. Main Street for the Pelican Café. The zoning commission
chair opened the public hearing after the presentation and asked three times for proponents and for
which there were none. The chair then asked three times for opponents and for which there were none.
The chair closed the public hearing, and the matter was then taken up by the zoning commission. The
zoning commission considered the criteria for special review and evaluated all aspects pertinent for a
recommendation of approval to allow onsite alcohol sales at 701 E. Main Street.
It is the zoning commission’s recommendation to allow the sale of onsite consumptions of alcohol at 701
East Main Street and to consider the special review without holding another public hearing. The
requirement to hold or not hold a public hearing is the City Council’s decision to make but due to the lack
of participation or comments for or against the special review, it was the zoning commission’s
recommendation that public involvement was noticed, and the public decided not to participate.
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CITY HALL
115 W. 1ST ST.
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the Director of Public
Works
INTRODUCTION
On Wednesday, September 28, 2022, Chad Page submitted a Special Review Application for onsite sales
and consumption of alcohol within the Laurel Central Business Zoning District (CBZD). The property
involved in the request is the Pelican Cafe, 701 East Main Street, and is described as Allard Subdivision
(Laurel) Lots 9 and 10, Block 27, Section 9, T. 2 S., R. 24 E., P.M.M., City of Laurel, Yellowstone County,
Montana.
The project will be presented to the Laurel – Yellowstone City County Planning Board on October 19, 2022,
with a recommendation to the Laurel City Council for final decision in November.
PLANNER RESPONSIBILITY
A. Consult with other departments of the City or County to evaluate the impact of the special review
upon public facilities and services; ACCOMPLISHED
B. Study each application with reference to it appropriateness and effect on existing and proposed
land use, and reference to the comprehensive plan; ACCOMPLISHED
C. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel –
Yellowstone City County Planning Board; ACCOMPLISHED
D. Notify by mail, the applicant or his agent at least five days prior to the date of the public hearing
of the date, time and place of such hearing; ACCOMPLISHED
E. Notify, by mail, all property owners within 300 feet of the exterior boundaries of the property
subject to the special review of the date, time and location of the public hearing; ACCOMPLISHED
F. After the public hearing and as part of the public record, report findings and conclusions and
recommendations to the Zoning Commission.
STANDARD OF REVIEW Zoning Commission/City Council
The request complies with the requirements of §17.68.040 of the City of Laurel Zoning;
The request is consistent with the objectives and purpose of Title 17 of the Laurel Municipal Code;
The proposed use is compatible with surrounding land use or is otherwise screened and separated
from adjacent land in such a way as to minimize adverse effects;
The zoning commission shall consider and may impose modification or conditions concerning, but
not limited to:
o Street and road capacity,
66
o Ingress and egress to adjoining streets,
o Off-street parking,
o Fencing, screening and landscaping.
o Building bulk and location,
o Usable open space,
o Signs and lighting,
o Noise, vibration, air pollution and similar environmental influences.
VARIANCES REQUESTED
N/A. None Requested.
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Allard Subdivision Block 27Lot 9, S 09, T2S, R24E
Onsite sale and consumption of alcohol
701 East Main Street
Chad Page
1960 Coyote Ridge Road North, Laurel, MT 59044-9489
406-628-6683
jamiegrey@yahoo.com
Chad Page
By or before November 19, 2022
X
X
X
X
X
September 26, 2020
X
(Pelican Cafe); 406-861-9987 (Mobile)
I
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September 26, 2022
To Whom it May Concern:
In compliance with Laurel Municipal Code Chapter 17.68, this letter and attendant materials comprise a request for a
Special Review to approve the Montana Department of Revenue’s transfer of the Sonny O’Day’s, Inc., All-Beverage
Liquor License to The Pelican Cafe, LLC, for the service of alcohol.
Between Sonny O’Day’s and The Pelican Cafe, and the Pelican’s predecessors, nearly a century of service has been
provided to the residents of the greater-Laurel community and its visitors. By joining together these two long-established
businesses, The Pelican Cafe would offer a home-style, full-service restaurant, welcoming a family-friendly option for
Laurel residents, in addition to providing an attraction for visitors, making The Pelican Cafe a vital, active, and even more
integral part of the greater-Laurel community.
Sonny O’Day’s All-Beverage license is the longest singly-owned liquor license in the State of Montana, and has been a
75-year tradition in Laurel since 1947. The loss of this historic liquor license to Laurel would be immeasurable .
Because heritage and long-standing traditions are important in Laurel, we seek timely approval of this Special Request, to
ensure that Sonny O’Day’s historic liquor license remains in Laurel, where Sonny and his wife, Carra, a much-be loved
grade-school teacher, raised their family and lived for over seven decades. Without timely approval, Laurel no longer may
be home for the Sonny O’Day liquor license, and our community will have lost a valued piece of its heritage, as well as
the Sonny O’Day legacy.
The Montana Department of Revenue has placed a deadline of November 19, 2022, for the Sonny O’Day All-Beverage
Liquor License either to be transferred to The Pelican Cafe; or, if the Special Request to The Pelican Cafe is denied, to be
sold through a competitive bidding process to another Montana city; or, to be forfeited.
Sonny O’Day’s All-Beverage license has received Special Review approval in the past, and we ask that this same
approval be granted once more, so that Sonny’s legacy may remain in Laurel: his and his family’s treasured home.
Thank you in advance for your consideration of this Special Request. We look forward to long and valued service in the
Laurel community.
Best regards,
Chad Page
Owner, The Pelican Cafe, LLC
Shelley Van Atta
Owner, Sonny O’Day, Inc.
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Property Owners within 300 ft. of The Pelican Cafe
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Owner name Tax Code Legal DescriptionAddress
MONTANA RAIL LINK D13144 S09, T02 S, R24 E
BEQUETTE PROPERTIES LLC B01035 LAUREL REALTY S601 E MAIN ST
LAMBRECHT, JACOB C & TERRIE L B01034 LAUREL REALTY S613 E MAIN ST
GOLDSBY, JUDITH ANN B01033 LAUREL REALTY S619 E MAIN ST
O'LOUGHLIN, JAMES T & KAREN L B01040 LAUREL REALTY S12 IDAHO AVE
HICKS, SCOTT B01039A LAUREL REALTY S16 IDAHO AVE
LINSE, JUSTIN &B01039 LAUREL REALTY S20 IDAHO AVE
CHAPMAN, RAMONA J B01038 LAUREL REALTY S17 WASHINGTON AVE
BOBO, GARY & SHARON K B01037 LAUREL REALTY S15 WASHINGTON AVE
STEFFANICH, LEE & BETSY B01036 LAUREL REALTY S13 WASHINGTON AVE
PAGE, CHAD E B00492 ALLARD SUBD (L 701 E MAIN ST
SUAZO FAMILY TRUST B00491 ALLARD SUBD (L 709 E MAIN ST
ARROYO SECO GROUP INC B00489 ALLARD SUBD (L 711 E MAIN ST
DEMARAY, ROGER D & KRISTINA R B00497 ALLARD SUBD (L 16 OHIO AVE
SMITH, LANCE E & AMBER B00496 ALLARD SUBD (L 20 OHIO AVE
FJELSTAD, NATHAN LANE & KATHERINE LEE B00495 ALLARD SUBD (L 19 IDAHO AVE
SCHRAUDNER, JORDAN & MICHELLE B00494 ALLARD SUBD (L 15 IDAHO AVE
VALLECIO JR, ALEX YAMANI B00493 ALLARD SUBD (L 11 IDAHO AVE
RODABOUGH, WENDY S B01044 LAUREL REALTY S605 E 4TH ST
DAVIS, TERENCE A B01043 LAUREL REALTY S609 E 4TH ST
LEKSEN, ALAN & SUSAN C B01042 LAUREL REALTY S613 E 4TH ST
HARMON, PATRICK D & MATTHEW J B01041 LAUREL REALTY S619 E 4TH ST
Property Owners within 300 ft. of The Pelican Cafe
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PUBLIC HEARING NOTICE
The Laurel Zoning Commission will conduct a public hearing on a Special Review for The Pelican Café on
property located at 701 E. Main Street, Laurel, Montana. The hearing is scheduled for 5:35 p.m., or as
soon as practicable thereafter, in the City Council Chambers (115 W. Main Street, Laurel, Montana), on
Wednesday, October 19, 2022.
The specific property subject to the Special Review is described as:
Allard Subdivision Block 27 Lot 9, S 09, T2S, R24E
The use triggering the Special Review is a request for onsite sale and consumption of alcohol within the
Laurel Central Business District (CBD)
In addition to the above items, the Zoning Commission/City Council will consider the following items in
the Special Review Process:
The request complies with the requirements of §17.68.040 of the City of Laurel Zoning;
The request is consistent with the objectives and purpose of Title 17 of the Laurel Municipal Code;
The proposed use is compatible with surrounding land use or is otherwise screened and separated
from adjacent land in such a way as to minimize adverse effects;
The zoning commission shall consider and may impose modification or conditions concerning, but
not limited to:
o Street and road capacity,
o Ingress and egress to adjoining streets,
o Off-street parking,
o Fencing, screening and landscaping.
o Building bulk and location,
o Usable open space,
o Signs and lighting,
o Noise, vibration, air pollution and similar environmental influences.
A copy of the Special Review application and supporting materials is available for public review at Laurel
City Hall during regular business hours. Questions may be directed to Kurt Markegard, Planning Director
at (406) 628-4796 ext. 5305 or kmarkegard@laurel.mt.gov . Public comment is encouraged.
The City of Laurel is committed to open and transparent government and associated public decision-
making processes. Public comment is encouraged.
Publish September 30 and October 7, 2022.
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File Attachments for Item:
20. Ordinance No. O22-06: An Ordinance Amending Certain Chapters Of Title 12.18 Of The
Laurel Municipal Code Relating To Special Event Permits For The City Of Laurel
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
ORDINANCE NO. 022-06
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 12.18 OF THE
LAUREL MUNICIPAL CODE RELATING TO SPECIAL EVENT PERMITS 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 Title 12.18 (Special Event Permits) as noted herein and hereby recommends the
same to the City Council for their full approval.
Chapter 12.18 SPECIAL EVENT PERMITS
12.18.005 Purpose and Definitions.
A. Purpose. The City recognizes community events may provide cultural
enrichment, promote economic vitality, enhance community identity, and create
funding opportunities for service organizations. The purpose of this Chapter is
to establish a coordinated process for managing community events held on City
property to protect the health and safety of event patrons, residents, workers,
and other visitors, and to regulate competing uses of City property. This Chapter
is further intended to create mechanisms for cost recovery that allow the City to
recoup some of the costs associated with community events but which do not
unduly impact the viability of events.
B. Definitions. The following definitions apply to this Chapter:
1. Under this chapter, "Eevent" means and includes, but is not
limited to: parade, gathering, protest, walk, run, demonstration, athletic
event, speech, exhibition or motorcade. This definition also specifically
includes any event that involves assembling or traveling in unison on
any public street, highway, alley, sidewalk or other public way owned,
controlled, or maintained by the City and which either: 1) will impede,
obstruct, impair or interfere with the free use of such public street,
highway, alley, sidewalk, or other public way owned, controlled, or
maintained by the City; or 2) will not comply with normal or usual traffic
regulations or controls. This definition is not all-inclusive, and the term
"event" may be what a "reasonable person" under the circumstances
would believe it means.
(Ord. 07-03 (part), 2007)
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
12.18.010 Requirement to Oobtain Sspecial Eevent Ppermit.
A. It is unlawful for any person to conduct any event in or upon any public
street, highway, sidewalk, or alley, or other public way owned, controlled, or
maintained by or within the in the Ccity of Laurel, or knowingly participate in
any such event, unless and until a special event permit to conduct such event
has been obtained from the Ccity of Laurel.
B. It is unlawful for any person to conduct any event in or upon property
owned, controlled, or maintained by the City of Laurel, or knowingly participate
in any such event, unless and until a special event permit to conduct such event
has been obtained from the City of Laurel if:
1. The event involves more than twenty-five (25) people;
2. The event involves the consumption of alcoholic beverages;
3. The event involves the physical alteration to City property;
4. The event involves vending/solicitation; or
5. If fees are to be collected by the permittee for the event.
C. The following activities are exempt from the special event permit
requirement: funeral processions, lawful picketing on sidewalks when the
number of participants does not substantially impede, obstruct, impair or
interfere with the free use of the sidewalk or the conduct of business, and
activities conducted by a governmental agency acting within its scope of
authority.
(Ord. 07-03 (part), 2007)
12.18.020 Permit Ffees.
Special event permit applicants shall pay a fee upon submittal of the application
for the permit. The fee amount shall be determined by Rresolution passed by the
Ccity of Laurel Ccity Ccouncil. The fee is due upon application for the permit,
and no permit shall issue without the fee being paid prior to issuance except by
express waiver determined by the city councilMayor. The city councilMayor
shall have the authority to waive the permit fee.
The Mayor, with the consultation of City Staff, may also set additional fees
related to specific events, based upon the demands and costs to the City in
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
allowing the event. These additional fees may include, at the Mayor’s
discretion, fees related to cost of providing City services for the event, additional
staffing costs, such as Police, Ambulance, or Fire, crowd control costs, the
provision of garbage receptacles and crowd-monitoring barriers, and other costs
reasonably incurred by the City in allowing an event to be held within the City.
The additional fees shall be invoiced to the applicant upon the conclusion of the
event, and the invoice is due and payable within ten (10) business days of
invoicing by the City. An applicant can request an estimate of the additional
fees prior to issuance of the permit.
(Ord. 07-03 (part), 2007)
12.18.030 Application and Aapproval Pprocess.
A. The application for such permit shall be made in writing on an approved
form available at the Ccity Cclerk-Ttreasurer's office. Any person who wants to
conduct a special event on a Ccity of Laurel street or sidewalk shall apply to the
Ccity for a special event permit at least thirty (30) ten working business days in
advance of the date of the event.
B. The Mmayor may, in his or her discretion, consider any application for
a permit to conduct an event that is filed less than thirty (30)ten businessworking
days prior to the date such event is to be conducted.
C. After review of the application and approval by the Ccity Ppublic
Wworks Ddirector, Cchief of Ppolice, Ffire Cchief, and Aambulance Ddirector,
and City Attorney, and payment of the permit fee by the special event permit
applicant, the Mmayor shall issue the special event permit, if he/she determines
such issuance is in the best interests of the Ccity of Laurel.
D. The Mayor may place reasonable conditions on any special event permit
concerning the time, place or manner of holding the event as is necessary to
coordinate multiple uses of City property, assure preservation of City property,
prevent dangerous, unlawful, or impermissible uses, and protect the safety of
persons and property. Conditions the Mayor may impose include, but are not
limited to:
1. Establishment of an assembly or disbanding area for a parade or
like event;
2. Accommodation of an event's pedestrian and vehicular traffic,
including restricting events to City sidewalks, portions of a City street,
or other public right-of-way and implementation of a parking or
transportation plan;
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
3. Conditions designed to avoid or lessen interference with public
safety functions and/or emergency service access;
4. Number and type of vehicles, animals, or structures to be
displayed or used in the event and their locations;
5. Provision and use of traffic cones or barricades;
6. Provision or operation of sanitary facilities, including handicap
accessible sanitary facilities;
7. Provision of a waste management plan, and the cleanup and
restoration of the site of the event;
8. Use of sound amplification equipment, and restrictions on the
amount of noise generated by motors and other equipment used in the
course of the event;
9. Manner of providing notice of permit conditions to permit
participants and those businesses or residents who may be directly
affected by the conduct of the event;
10. Reasonable designation of alternate sites, times, dates, or modes
for exercising expressive activity;
11. Obtaining of any and all business licenses or other necessary
permits required by this Code for the sale of food, beverage or other
goods or services at the event;
12. Manner by which alcohol sales and service, if any, shall be
conducted at the event;
13. Limitations on the use of spray paint or chalk paint as directional
cues for participants; and
14. Provisions for public safety and the preservation of public
property such as traffic/pedestrian control, fire safety, the closure of
streets or intersections, the diverting of traffic, etc.
E. Approval for the Permit must be obtained prior to the applicant
beginning any advertising for the event.
(Ord. 07-03 (part), 2007)
12.18.040 Permit Application Ccontents.
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
In order that adequate arrangements may be made for the proper policing of the
event, the application shall contain, at a minimum, the following information:
A. The name of the applicant, the sponsoring organization, and the event
chairperson, and the addresses, and telephone numbers, and email addresses of
each;
B. The purpose of the event, the dates and times when it is proposed to be
conducted, and the route or specific area requested for use or any proposed
alternate event route or deviation from the established route, to include:
1. The location of the assembly area, the location of the disbanding
area, route to be traveled, and
2. The approximate time when the event will gather, from start
toand finish.;
C. C. A plan depicting the placement of temporary structures or facilities on
public property or public rights-of-way and, if the event is a march, parade
or process, a map of the proposed route.
D. A description of the individual vehicles, groups, or bands, including a
description of any music or sound amplification equipment to be used, if
applicable;
ED. A statement regarding whether or not alcohol will be available or served
and a copy of any applicable alcohol license or catering license;
F. A statement of any fees to be charged to participants or spectators in
connection with the special event;
G. The approximate times when assembly for, and disbanding of, the
special event is to take place;
H. Whether the permittee is requested any special signage (to be provided
by the permittee);
I. Insurance information;
J. Whether the permittee will provide any portable toilets;
K. Provisions for trash removal and clean-up, if necessary;
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
L. The anticipated attendance at the event;
M. Whether provisions will need to be made for public safety and the
preservation of public property, such as traffic/pedestrian control, fire safety,
emergency response services, the closure of streets or intersections, the
diverting of traffic, and the like;
N. Any other information reasonably required by the Mayor.
(Ord. 07-03 (part), 2007)
12.18.050 Permit Rrequirements and Cconditions.
A. For all special event permits, the Mmayor may specify any other
additional requirements requested by the city clerk-treasurer, police chief, fire
chief, ambulance director or public works director reasonably necessary for the
protection of persons or property.
B. The Mayor may refer the application to such City departments or
personnel as he or she deems necessary for review, evaluation, investigation and
recommendations regarding approval or disapproval of the application.
CB. Each permittee shall comply with all conditions stated in the special
event permit. Failure by the permittee to comply with all special event permit
conditions may result in revocation of the special event permit. In addition,
failure to comply with the conditions may result in denial of future special event
permits to the permittee that failed to comply.
(Ord. 07-03 (part), 2007)
12.18.060 Insurance and Indemnity.
Sponsoring persons, organizations, companies, corporations or other entities
applying for a special event permit shall hold the Ccity harmless and indemnify
from any and all claims, damages, loses and expenses arising from the special
event. Applicants for a special event permit shall agree in writing to hold
harmless and indemnify the Ccity for any and all claims, lawsuits or liability,
including attorney's fees and costs allegedly arising out of the loss, damage or
injury to persons or personal or public property occurring during the course of
or pertaining to the special event caused by the events sponsoring organizations,
companies, corporations, or other entities, their officers, employees, or agents.
The sponsoring organization shall carry appropriate insurance as recommended
by staffrequired by the City, including comprehensive general liability,
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
automobile liability and/or designated premises liability in the minimum amount
of two one million dollars per occurrence and four two million dollars aggregate
per event or location. and list Tthe Ccity of Laurel must be named as an
additional named insured.
The Mmayor has the authority to waive theis requirements contained in this
Section. Additionally, the Mmayor may require insurance coverage in a higher
or lower amount based upon the type of special event, the number of persons
anticipated to attend the special event, or the anticipated number of persons
participating in the special event.
Each applicant shall execute a hold harmless agreement in a form approved by
the City agreeing to defend, indemnify, and hold harmless the City against
losses and liabilities incurred from the conduct of the applicant or its officers,
employees, and agents. The agreement must be submitted to the Mayor with the
application for a special event permit.
(Ord. 07-03 (part), 2007)
(Ord. No. O14-02, 7-15-2014)
12.18.070 Alcohol.
No sales or soliciting are allowed unless proper licensing is prepared in advance
of the special event.
The applicant must demonstrate that all state and local liquor control regulations
pertaining to the sale and consumption of alcohol have been complied with and
must provide copies of all applicable state and local liquor permits with the
special event application.
Any person, company, corporation, association or other entity conducting a
special event, within Ccity jurisdiction, shall, at the discretion of the Mmayor,
be entitled to a special permit to sell beer and/or alcohol to the patrons of the
special event to be consumed within an enclosure wherein the event is held. The
applicant must specify, in their request for the special event alcohol permit, the
location and size of the area wherein they propose to sell the alcohol. The
Mmayor, at his or /her discretion, may specify the location and size of the area
at the special event where the alcohol may be consumed.
The fee for special event alcohol permit shall be set by City Ccouncil
Rresolution. This fee shall be paid upon presentation of the special event
application along with the special event alcohol permit application to the Ccity
Cclerk-Ttreasurer. If the special event alcohol permit is denied, the Ccity
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
Cclerk-Ttreasurer shall refund the special event alcohol permit fee to the
applicant.
If the Ccity has revoked a special event permit of the special event alcohol
permit applicant for any reason within the last five years, the special event
alcohol permit may be denied.
The City Ppolice Ddepartment may revoke the special event alcohol permit if
those in attendance become unruly, if property is damaged, or for other reasons
that adversely affect the public health, safety and welfare of the citizens of
Laurel or those people attending or participating in the special event.
(Ord. 07-03 (part), 2007)
12.18.080 Permit Dduration.
The event permit shall issue with specific delineation of the event length and
proposed time requirements estimated for the event. Only under extreme
conditions or situations shall the event run longer than the proposed length of
time specified in the special event permit, and then only with specific authority
granted by the Mmayor. If the Mmayor permits an extension for time under this
provision, the Ccity Cclerk-Ttreasurer must provide notice to the Ccity of Laurel
Cchief of Ppolice, Ffire Cchief, Ambulance Director, and the Ppublic Wworks
Ddirector.
(Ord. 07-03 (part), 2007)
12.18.090 Issuance of Ppermit.
A. Issuing Permits. The Mmayor shall issue a special event permit,
however, the granting of the permit is contingent upon the applicant signing the
special event permit application. The special event permit must state the
applicant's intent to adhere to the conditions stated in the special event permit
application.
B. Denial of Permit Application. The Mmayor shall deny an application for
a special event permit and shall notify the applicant of such denial when:
1. The Mmayor or other reviewing authority for the Ccity of Laurel
makes any finding contrary to the findings required to be made for the
issuance of a permit, or the Mmayor determines issuance is not in the
best interest of the city; or
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
2. The location, time, route, or magnitude of the event will disrupt
to an unreasonable extent the movement of traffic, either pedestrian or
motor vehicle; or
3. The event requires a significant quantity of law enforcement to
properly control movement of participants and spectators in areas near
or on the event site in such quantity to disable reasonable law
enforcement protection for the spectators, participants and residents of
the Ccity of Laurel; or
4. The special event will disrupt or inhibit with other events
previously granted a special event permit occurring in the Ccity of
Laurel on the same day and time; or
5. The permittee provided false or misleading information in the
special event permit application concerning any relevant data; or
6. The permittee fails to agree, abide by or comply with all
conditions of the special event permit.
7. Upon notice to the permittee of the denial of the special event
permit, the Mmayor must also provide notice of denial of the special
event permit to the Cchief of Ppolice, Ffire Cchief, Aambulance
Ddirector, and to the Ppublic Wworks Ddirector.
(Ord. 07-03 (part), 2007)
12.18.100 Revocation.
The Ccity may revoke any special event permit granted under the terms of this
chapter if it becomes known to the Ccity that the permittee is in any manner
failing to comply with the terms of this chapter. In the event of such revocation,
the person to whom such special event permit was granted shall thereafter be
operating without a special event permit and shall be subject to penalties as
provided in the Ccity of Laurel Municipal Code. The special event permit
granted may be revoked in the manner provided for the revocation of licenses
and permits generally.
If the Mmayor determines that the safety of the public or property requires
revocation of the special event permit due to disaster, public calamity, riot or
other emergency, the special event permit may be summarily revoked by the
Mmayor. Notice of such action revoking a special event permit shall be
delivered in writing to the permittee by personal service or by certified mail, and
notice shall also be provided to the Ccity Cclerk-Ttreasurer, the city of Laurel
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Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
Cchief of Ppolice, the Ffire Cchief, the Aambulance Ddirector, and the Ppublic
Wworks Ddirector.
(Ord. 07-03 (part), 2007)
12.18.110 Officials to be Nnotified of Ppermit Iissuance.
Immediately upon the Mmayor's approval and issuance of the special event
permit, the Ccity Cclerk-Ttreasurer shall deliver a copy of the permit to the
Cchief of Ppolice, the Ffire Cchief, the Aambulance Ddirector, and the Ppublic
Wworks Ddirector, and the City Attorney.
(Ord. 07-03 (part), 2007)
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
25th day of October 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
94