HomeMy WebLinkAboutCouncil Workshop Minutes 07.16.2024MINUTES
CITY OF
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A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner
at 6:31 p.m. on July 16, 2024.
_x Tom Canape
_x_ Heidi Sparks
Michelle Mize
_x_ Jessica Banks
_x Casey Wheeler
_x Iry Wilke
_x_ Richard Klose
x_ Jodi Mackay
Brittney Harakal, Council Administrative Assistant
Kurt Markegard, Planning Director
Kelly Strecker, Clerk/Treasurer
Matt Wheeler, Public Works Director
Nancy Schmidt, Library Director
Public Input:
There were none.
General Items
Library Board Appointment
The Library Director introduced Ms. Farmer to the Council.
Ms. Farmer stated she looks forward to getting involved with her community.
Executive Review
2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Independent Contractor Service Contract With Ace Electric, Inc.
The Public Works Director stated this is for the repair of a crosswalk that was run over in a
recent car accident. The gentleman's insurance covered the repairs.
3. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute
The Retail Sales Agreement With AVI Systems
The Clerk/Treasurer stated that this agreement is to install microphones and For The Record for
Court.
It was questioned if this project was budgeted. It was clarified that it is included in this year's
General Fund budget.
It was questioned if this system would work if the City moved to a Municipal Court. It was
clarified that it will work if the City moves to a Municipal Court.
It was questioned if this software would give a written transcript. The Clerk/Treasurer was
unsure of all the features included in the For The Record software.
4. Resolution - Intent to Vacate
The Planning Director stated that part of S. Montana Avenue had been vacated in 1976. The
landowner has done a reciprocal easement agreement for the lot that would not have access to the
public right of way. There are public utilities under the right of way so nothing can be built on it.
It was questioned if Albertson's was aware of this vacation requestion. It was further questioned
if this would shut off access for them to receive their deliveries. It was clarified that this is a
resolution of intent that notifies people of the intent and sets a public hearing.
It was questioned what the benefit is of not having this public right of way anymore. It was
clarified that public right of way is to allow public access to all lots. The two property owners in
the area are Fox Lumber and McDonald Land Holdings. All lots already have public access, and
this road is not needed.
It was questioned if this street would be a through street again. It was clarified that the only way
to get it back would be eminent domain.
It was questioned if this would be barricaded or if people would still be allowed to go through to
the Albertson's parking lot. It was clarified that Albertson's has not had legal access since the
original vacation in 1976.
Representation for the landowner stated that they would like to market the property or build on
that property. The best access is off of E. Railroad for those lots.
Council noted that E. Railroad is very difficult to get on and off of. It was clarified that the
Planning Director had spoken with the land owner about needing an additional 10 feet of right of
way to create a right -turn lane. However, that is not part of this vacation request. That would
require work with the State as well.
5. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Independent Contractor Service Agreement For Pro Tem Judge Services.
This contract is for the Judge who steps in when Judge Kerr cannot.
6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A
Contract With Dr. Jedediah Walker For The Medical Director Position For The Laurel
Ambulance Service.
A medical director is required by law for the Emergency Medical Service to function. The
medical director writes all the protocols for the department, and he takes on the liability
associated with those protocols. A raise to his stipend was included in the mill levy.
7. Street Maintenance Cap Discussion
The Planning Director gave a brief overview of how Street Maintenance works. In 2018 the City
doubled the cap from $800 to $1600. The City also doubled the cost per square foot from .02 to
.04 cents. Historically the City would save for a few years to do a big project. Right now, the
City collects approximately $900k annually. These finds will help fund the W. Railroad project.
Right now Walmart pays $1600 annually when they have a large traffic volume. The Planning
Director spoke with Billings on how they evaluate for Street Maintenance, see attached handout.
Council noted that they would like to move forward with changing how Street Maintenance is
assessed but may not be able to get it done this year. They noted that they would like to see the
cap removed as a starting point. Council noted that if a removal of the cap is not feasible at this
time, than an increase to the cap at least.
The Planning Director will get a better understanding of what Billings did and work on putting
together something to come before the Council down the road.
Other Items
It was questioned if the sprinkler system could be put in now instead of in September. It was
clarified that the project can move forward as that project is in this year's budget.
Attendance at Upcoming Council Meeting
Council Member Klose stated he would be gone at next week's meeting.
Announcements
Emergency Services Committee will meet Monday at 6 p.m. in Council Chambers.
The council workshop adjourned at 7:54 p.m.
Respectfully submitted,
1
Brittney ara 1
Administrativ Assistant
NOTE: This meeting is open to the public.
workshop agenda items.
This meeting is for information and discussion of the Council for the listed
RESOLUTION O 6.
RESOLUTION GIVING NOTICE OF INTENTION TO VACATE
CERTAIN 1S IN THE CITY OF
WHEREAS, certain property owners have requested that lands in
Hageman Subdivision on South Montana Avenue from a point 75 feet northerly
of the center line of 2nd Street South to a point in alignment with
the northerly margin of 4th Street South and 2nd and 3rd Streets South
from lst Avenue South to the easterly margin of South Montana Avenue,
Laurel,, Montana, be vacated, and
WHEREAS,, said property owners will waive in writing all legal
protest they may have to vacating, and,,
WHEREAS, it has been determined by the City Council of the City
of Laurel that it is in the best interests of the City and the inhabi-
tants thereof that said land be vacated,
NOW THMMORE., BE IT RESOLVED:
1. That the following lands be vacated:
Hageman Subdivision on South Montana Avenue from a point
75 feet northerly of the center line of 2nd Street South
to a point in aligment with the northerly margin of lith
Street South and 2nd and 3rd Streets South from let Avenue
South to the easterly margin of South Montanan Avenue,
Laurel, Montana,
2. That the Clerk cause to be published, according to law, a
notice to the effect that a Resolution of Intention to Vacate
has been duly and regularly pas d, said notice to state
that after the expiration of 20 days from the first publica-
tion the City Council shall pass a Resolution Vacating the
above-described Lands®
Dated this 5th day of October, 197'6®
C of
s ..
46
M
OFFICIAL NOTICE
OFFICIAL NOTICE IS HEREBY GIVEN that the City Council of the
City of Lam -el,, Montana,,
1976, passed Resolution No. 1569 proposing to vacate lands in Hageman
Subdivision on South Montana Avenue from a point 75 feet northerly of
the center line of 2nd Street South to a point in alignment with the
northerly margin of 4th Street South and 2nd and 3rd Streets South
from lst Avenue South to the easterly margin of South Montana Avenue.,
Montana.
And you are further notified that the City Council of the City
of Laurel., or the City, Clerk., shall receive protests or objections,
if any, in writing or in person up to and including the next regular
Council meeting after the expiration of 20 days from the first publi.
cation of :notice.,ate: ♦ date beingthe 2nd day ofNovember., 1976.
Pub* 2 t
October ''•
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1
0
C E R T I F I C A T E
• of the City Clerk
City of Laurel, Montana
State of Montana
County of Yellowstone ss.
City of Laurel, Montana
11
1j, Dorothy P. Bundy., duly appointed and qualified Clerk of the
City of Laurel., Yellowstone County., do hereby certify that the fore-
going is the Original Resolution No. 1569 passed by the City Council
of the City of Laurel, and approved by the Mayor on the 5th day of
October, 1976.
Dorothy P. TAmdys-City-Cl—er-k
SP
SUBDIVISION ♦'. SOUTH MONTANA AVENUE
Ti`' SOUTH �° !#' s POINT
Y # "■ NORTHERLY LPSp
OF THE CENTER LINE OF 2ND STRM
NT IN
T WITH
THE NORTHEnY MARGIN OF 4TH STREET SOUTH AND 2ND AND 3RD STREETS
SOUTH FROM 1ST AVENUE SOUTH
THE EASTERLY MARGIN OF SOUTH MONTANA
'r r". ! O T
WHEREASo it to the best interests of the City of Laurel,
i
the inhabitants .:.,.. ."'# and ,► inhabitantsof ,'w said « °`d
area aforesaid,, that the aforesaid described property be vacated; and
WHERIM,, there was duly and regularly passed and adopted by the
City Council and approved by
NORTHERLY1.976, a Resolution No. 1509 entitled:
NOTICE OF INTENT TO 'VACATE, THE SAME BMG A PROPOSAL TO VAGAJ
LAND IN HAGEMkN SUBDIVISION ON SOUTH MONTANA AVENUE FROM A POINT 75
FEET NORTHERLY OF THE CENTER LIKE OF 2ND STREW SOUTH TO A POINT IN
ALIGNMENT WITH THE OF ♦ AND 2ND AND
SOUTH3RD STRFMS SOUTH FROM 1ST AVENUE SOUTH TO THE EASTERLY MARGIN OF
#
WHEREAS, the City Clark did give and publish notice as provided
by law, and WHEREAS, insufficient objections Were filed to the vacating
of such land, within the time provided by the notice and by law,
OWs, THEREFOREpRESOLVED that the lands are and the saw.
are hereby vacated, to take effect i0mediately upon passage of this
resolution!
City of Laurel, Montana., and approved by
this
Council of the
ATTER:e—71-0vety
of
C E R T I F I C A T E
Office of the City Clerk
Laurel, Montana
MontanaState of
YellowstoneCounty of
City of Laurel, Montana
D
Ip Dorothy P. Bundy,, duly appointed and qualified Clark of the
City of Lau 12 Yellowstone County., do hereby certify that the fere.
going is the Original Resolution No. 1.103s passed by the Cite
Council of the City of Laurel,, and approved by the Mayor on the 2nd
day of November, 1976.
(SEAL)
7/11/24, 10:58 AM
7-12-4422. Assessment of costs, MCA
MCA Contents / TITLE 7 / CHAPTER 12 / Part 44 / 7-12-4422 Assessment ...
TITLE 7.
• GOVERNMENT
• 12. IMPROVEMENT DISTRICTS
Part 44. Special Provisions for Street Maintenance Distric]
7-12-4422. Assessment of costs. (1) For the purposes of this section, "assessable area" means the portion
of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but
may not exceed the actual area of the lot or parcel.
(2) The city council shall assess the percentage of the cost of maintenance established in 7-12-4425 against
the entire district as follows:
(a) each lot or parcel of land within the district may be assessed for that part of the cost that its assessable
area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places;
(b) each lot or parcel of land within the district abutting upon a street upon which maintenance is done may be
assessed for that part of the cost that its street frontage bears to the street frontage of the entire district;
(c) if the city council determines that the benefits derived from the maintenance by each lot or parcel are
substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without
regard to the assessable area of the lot or parcel;
(d) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of
the cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district;
(e) each lot or parcel of land within the district may be assessed for that part of the cost that the reasonably
estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the reasonably
estimated vehicle trips generated for all lots in the district based on their size and zoning classification;
(f) any other assessment method provided in 7-11-1024 may be used; or
(g) any combination of the assessment options provided in subsections (2)(a) through (2)(f) may be used for
the district as a whole or for any lot or parcel within the district.
History: En. Sec. 28, p. 218, L. 1897; re -en. Sec. 3394, Rev. C. 1907; re -en. Sec. 5276, R.C.M. 1921;
amd. Sec. 2, Ch. 97, L. 1927; re -en. Sec. 5276, R.C.M. 1935; R.C.M. 1947,11-2267(2); amd. Sec. 2, Ch. 657,
L. 1985; amd. Sec. 1, Ch. 178, L. 1987; amd. Sec. 1, Ch. 567, L. 2005; amd. Sec. 1, Ch. 139, L. 2019.
Created by LAWS11"
https:Hleg.mt.gov/bills/mca/title_0070/chapter_0120/part 0440/section_0220/0070-0120-0440-0220.html 1/1
7/11/24, 10:58 AM 7-11-1024. Financing for special district, MCA
MCA Contents / TITLE 7 / CHAPTER 11 / Part 10 / 7-11-1424 Financing fo...
TITLE 7. LOCAL GOVERNMENT
CHAPTERs SERVICES
Part 10. Special: Governance
7-11-1024. Financing for special district. (1) The governing body shall make assessments or impose fees
for the costs and expenses of the special district based upon a budget proposed by the governing body or
separate board administering the district pursuant to 7-11-1021.
(2) For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is
benefited by the special district. The assessable area may be less than but may not exceed the actual area of the
lot or parcel.
(3) The governing body shall assess the percentage of the cost of the program or improvements:
(a) against the entire district as follows:
(i) each lot or parcel of land within the special district may be assessed for that part of the cost that its
assessable area bears to the assessable area of the entire special district, exclusive of roads, streets, avenues,
alleys, and public places;
(ii) if the governing body determines that the benefits derived from the program or improvements by each lot
or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the
special district without regard to the assessable area of the lot or parcel;
(iii) each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of
the cost of the special district that its taxable valuation bears to the total taxable valuation of the property of the
district;
(iv) each lot or parcel of land may be assessed based on the lineal front footage of any part of the lot or parcel
that is in the district and abuts the area to be improved or maintained;
(v) each lot or parcel of land within the district may be assessed for that part of the cost that the reasonably
estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the reasonably
estimated vehicle trips generated for all lots in the district based on their size and zoning classification;
(vi) each lot or parcel of land within the district may be assessed based on each family residential unit or one
or more business units; or
(vii) any combination of the assessment options provided in subsections (3)(a)(i) through (3)(a)(vi) may be
used for the special district as a whole; or
(b) based upon the character, kind, and quality of service for a residential or commercial unit, taking into
consideration:
(i) the nature of the property or entity assessed;
(ii) a calculated basis for the program or service, including volume or weight;
https://Ieg.mt.gov/bills/mea/title_0070/chapter_0110/part_0100/section_0240/0070-0110-0100-0240.html 112
7/11/24,10:58 AM 7-11-1024. Financing for special district, MCA
(iii) the cost, incentives, or penalties applicable to the program or service practices; or
(iv) any combination of these factors.
(4) If property created as a condominium is subject to assessment, each unit within the condominium is
considered a separate parcel of real property subject to separate assessment and the lien of the assessment.
Each unit must be assessed for the unit's percentage of undivided interest in the common elements of the
condominium. The percentage of the undivided ownership interest must be as set forth in the condominium
declaration.
(5) A governing body may, by resolution, instruct the state or any applicable federal agency to designate a
special district as the recipient of federal funds to be used for the costs and expenses of the special district.
History: En. Sec. 15, Ch. 286, L. 2009; amd. Sec. 14, Ch. 262, L. 2015; amd. Sec. 2, Ch. 133, L. 2021.
Created by LA XV J
hftps://Ieg.mt.gov/bills/mca/fitle-0070/chapter—011 O/part0100/section_0240/0070-0110-0100-0240.html 2/2
WHEREAS, the City, by Resolution, has defined the boundaries and established
street maintenance districts as provided by State Law, and
WHEREAS, Billings Montana City Code and Title 7, Chapter 12, Part 44 of the
Montana Code Annotated authorizes the City of Billings to adjust street maintenance
district rates and charges to provide for the sufficient collection of revenues adequate
for the payment of the reasonable expense of each said district.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF •
METHOD OF ASSESSMENT. The City hereby determines that each
lot or parcel of land within both Street Maintenance Districts One (1) and
Two (2) shall be assessed for that portion of the whole cost which each lot
or parcel of land in the respective district bears to the total area of the
respective district exclusive of streets, avenues, alleys, and public places.
2. ASSESSMENT DISTRICT ONE (1). Each lot or parcel within the
boundaries of Street Maintenance District One (1), is hereby assessed
$.063962 per square foot of area for fiscal year 2024.
ASSESSMENT DISTRICT TWO (2). Each lot or parcel within the
boundaries of Street Maintenance District Two (2), is hereby assessed the
following for fiscal year 2024:
Property Type
Rate per square
foot of area
Residential/Governmental
$.020435
Commercial
$.029354
Vacant
$.018871
The maximum square footage charged for any tract, parcel or lot is as
follows:
Property Type
Max Square Feet
Residential
1 Acre
Governmental
1,100,000 SF
Vacant Residential/Governmental
1 Acre
Vacant Commercial
115,000 SF
4. LOTS AND PARCELS ASSESSED. A list which describes each lot or
parcel of land assessed within the respective district, with the name of the
owner thereof, and the amount levied thereon set is available in the office
of Public Works Fiscal Services Belknap location, 2251 Belknap Avenue,
Billings, Montana.
5. EXEMPTION. Street Maintenance District assessments shall not be
paid by the City General Fund, Public Safety Fund, Library Fund, MET
Transit Fund or Airport Fund.
6. COLLECTION OF ASSESSMENTS. Said special assessments shall
be placed upon the assessment rolls and collected in the same manner as
other taxes.
7. NOTICE OF HEARING. On Monday, June 26, 2023, at 5:30 p.m., or as
soon thereafter as the matter may be considered on the agenda in the
Council Chambers of the City Hall, Billings, Montana, the City Council
heard objections to the adoption of this resolution. The City Clerk
published notice twice, at least five (5) days prior to the hearing, in the
Yellowstone County News, as provided in Section 7-1-4127, MCA.
8. EFFECTIVE DATE. This resolution shall be effective upon adoption.
ADOPTED AND APPROVED by the City Council of the City of Billings, Montana,
on the 26th day of June, 2023.
of B11
SEAL
ATTEST:
§0"
CITY OF BILLINGS
BY:
William A. Cole, Mayor
LSYMMAN Li
Item 2. b.
City Council Regular
Date: 06/26/2023
Title: Public Hearing and Resolution Setting Annual Street Maintenance District
Assessments for Fiscal Year 2024
Presented by: Jennifer Duray
Department: Public Works
Presentation: Yes
Legal Review: Yes
Project Number: N/A
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and approve the proposed resolution setting annual
street maintenance district assessments for FY24.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Street Maintenance District (SMD) assessments are set annually by resolution. There are currently two SMDs in
Billings. SMD 1 encompasses primarily the downtown area. SMD 2 is the entire City. Properties in SMD 1 are also in
SMD 2. The existing rates for road funding are not adequate to provide for the operation and maintenance and capital
investment necessary to continue providing service at the current level. The proposed increase is 3% for SMD 1 and
7% for SMD 2 which reflect inflationary levels for the services provided in each SMD. The attached resolution
specifies the proposed rates for FY24.
ALTERNATIVES
City Council must hold a public hearing and then may:
• Approve the recommended resolution,
• Approve an amended resolution, or:
• Not approve the resolution. If Council does not approve a resolution, an amended resolution to establish street
maintenance district assessments Will need to be considered at a future City Council meeting to be in
accordance with state statutes.
FISCAL EFFECTS
The proposed rates will increase an average 9,691 square foot residential lot in SMD2 by $12.96 from $185.08 per
year to $198.04 per year and will generate approximately $1,009,000 of additional revenue in FY24. SMD 1 revenues
will increase by $10,000 or 3%.
Attachments
Resolution
COUNCIL ACTION
JUN 26 2023
CITY CLEIzK