HomeMy WebLinkAboutCouncil Workshop Minutes 12.11.2007MINUTES
COUNCIL WORKSHOP
CEMBER 11, 2007 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at
6:30 p.m on December 11, 2007.
COUNCIL MEMBERS PRESENT:
x Emelie Eaton
x Kate Hart
_ Gay Easton
x Alex Wilkins
_x_ Doug Poehls
Mark Mace
_x Chuck Dickerson
_x_ Norm Stamper
OTHERS PRESENT:
Sam Painter
Mary Embleton
Kurt Markegard
James Caniglia
Rick Musson
Jan Faught
Gary Colley
Chris Rosenberg
Chris Mehus, Beartooth RC&D
Greg Thomas
Public Input (three-minute limit):
Citizens may address the Council regarding any item of City business not on the 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.
There was no public input.
Introduction of Chris Rosenberg Code Enforcement Officer
Kurt Markegard introduced Chris Rosenberg, the newest team member to the Public Works
Department and the City of Laurel. Chris, the new code enforcement officer, has had five years of
experience with the Montana Highway Patrol. With the addition of Chris, the Public Works
Department can take a more proactive approach to code enforcement.
Chris stated that he was highway patrolman for five years in Bozeman and Harlowton. He grew up in
Laurel and looks forward to serving the citizens of Laurel
Parking issues by the Laurel Middle School
Greg Thomas, 728 Washington Avenue, spoke regarding the parking issues at the Laurel Middle
School. He expressed concern that the teachers are parking in front of the residences on Washington
Avenue instead of parking across the street or in the school parking lot. He stated that Officer Wells
and the principal at the high school visited him at his house, and the principal told him they did not
realize that there was a problem Since that conversation, there has been a reduction in the parking
problem Greg has confronted people when they parked in front of the residences. He distributed
letters from the Washington Avenue residents regarding the parking issues, and copies are attached to
these original minutes. Greg mentioned several other issues, including: u-turns in the middle of the
street; speeding drivers on Washington Avenue; the need for more officers on duty; the need for
crosswalks on Washington and Wyoming Avenues; concerns for the school crossing guards; the
Council Workshop Minutes of December 11, 2007
paving and gravel on 8a' Street; the condition of the streets following the construction of the Laurel
Middle School; and future street SID's and the need for all residents to pay for the street repair. Greg
asked the council if any help could be given to address this problem.
There was discussion regarding the issues. Doug recommended that the chief of police and public
works department review the issues and give a recommendation. Norm asked the chief to explain the
policies for patrolling the streets around the schools.
Rick spoke regarding school zones. More officers are needed, but the funding is not available. The
day shift officer handles school zones, patrol work, and all the calls that come in during that time.
When he is not doing call work, he is working the school zones by West, Graff, South, and the middle
and high Schools. The two SRO's cannot always be there. Officer Langve works at the high school
and Officer Wells handles the middle school issues. They also handle the grade schools. When it
comes to school zones, it is difficult to pull the SRO's out of the school because they are there to
handle the issues in the school. The officer cannot always be in the school zones during that time, as
there is only so much staffing.
Regarding u-turns on Washington Avenue, Rick stated that it is not against the law to make a u-turn
in a street. The law says it must be made safely, but it can be made in the middle of the block or at an
intersection. The City of Laurel and the School District are working together to solve the crosswalk
problem Handicapped curbs must be put in, so there has been discussion about the school paying for
part of it. The city is waiting for a quote to get it done this winter. Regarding speeders, Rick stated
that it goes back to the problem of having enough staff to be there to handle the speeding issues. Staff
has been in conversation about what to do with the parking issue on Washington Avenue. The city
does not have an ordinance that allows the police department to ticket someone for parking in front of
a residence. Other neighborhoods are also affected by these issues, including areas where other
schools are located and city parks. Rick suggested the need for continued education of the school
staffto be considerate of the residents.
Mark stated that paving of 8a' Street would come from Street Maintenance Fund. He asked if the
school had a traffic study done, as it should have addressed the crosswalk issue. Mayor Olson stated
that the information could be requested. There was discussion regarding cleaning up the area around
the Laurel Middle School
Chris Mebus is the Economic Development District Director for Beartooth RC&D, which is located at
P.O. Box 180 in Joliet. He presented an overview of this year's accomplishments and projects,
information about the Comprehensive Economic Development Strategy, the annual Memorandum of
Understanding to provide economic development services to the community and Yellowstone County,
and an annual assessment on a county basis. Laurel, Billings, Big Sky EDA, and Yellowstone County
all share in meeting that assessment. The letter he provided listed the projects of the past year. The
annual progress report that will come out soon is a full-color, six-page document that outlines their
projects and accomplishments. In the letter, the second one item was the Laurel Resource Assessment,
which is a service that is provided by the Montana Economic Development Association. They
partnered with Big Sky EDA to bring in five different business and economic development specialists
from all across the state that have addressed issues similar to Laurel's issues. It was a very
comprehensive process that received public comment from businesses, community groups, schools,
civic organizations, emergency responders, and basically all aspects of the community. After the
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Council Workshop Minutes of December 11, 2007
listening sessions, the resource team developed a comprehensive report complete with
recommendations to the community about projects, prioritization of those projects, and
recommendations of how to move forward. It is incumbent upon them and Big Sky EDA to work
with the local economic development group, which is called Laurel Alive. The final document is
available on their web site, and several printed copies were provided to the community through the
Chamber of Commerce and Laurel Alive.
Chris stated that the regional homebuyer education classes are held in Laurel. About 225 to 250
residents have attended the classes, which has been a good partnership between them and local
lenders. Some down payment assistance is available to low and moderate income families if they
attend this class.
Chris stated that the Montana Bio-Industries Cooperative is a regional effort of about a dozen farmers.
The group officially incorporated last spring. Beartooth RC&D is working with them to come up
with the capital needed to set up a crushing facility so they can grow oil seeds locally. He explained
that chamolina is an oilseed and a variety of mustard. On the Highline, they can grow canola, which
is the most successful oilseed product, but the rest of the state struggles with the climate to grow good
canola crops. They are hoping that chamolina will become a good alternative and Montana can join
neighboring states and the Midwest states in bio-diesel and ethanol type products. There is a future
potential of partnering with CHS and be able to have the local producers own the cooperative that
would supply potentially a bio-diesel refinery right here.
Chris spoke regarding other projects, including Dick Feekin's waterwheel hydro-generation project.
Mark asked regarding the regional mass transit project. Chris stated that it is basically in conceptual
form right now and explained the need to have bus routes to disperse workers to certain areas. Mark
stated that he has talked to the Transit Planner in Billings about federal funding for a Park `n Ride
type project from Laurel to Billings, and Park City to Laurel to Billings. The name of the contact
person will be provided to Beartooth RC&D. Chris stated that a steering committee could be formed
and a feasibility study done to get it started.
Chris explained the Comprehensive Economic Development Strategy. The CEDS is required by the
economic development administration, which is the federal grant that Beartooth RC&D has to provide
these services to the communities. It is a five-year planning process, which they see as a living
document that is constantly changing and evolving as new projects, new issues, new priorities, and
reprioritization of the current issues are done. Chris had a sample letter that he requested the city
send. Chris stated that Beartooth RC&D is in the process of updating some of the issues for the City
of Laurel and Yellowstone County, based on the resource team assessment that was finished this fall.
The annual memorandum of understanding will be sent to the city soon. Chris thanked the council for
the opportunity to give this presentation.
Planning Board issues:
James Caniglia explained several issues that were discussed at the December 6`s Planning Board
meeting. One issue was the eventual need to widen First Avenue going north from downtown and a
possible zoning change to residential professional. Another issue discussed was the new interstate
on/offramp west of town and how that could affect growth in the area.
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Council Workshop Minutes of December 11, 2007
• Variance for Paul Bokoske, 1535 Valley Drive, for a proposed tree nursery
James stated that Mr. Bokoske received permission to start a tree trimming business. He would like
to start a tree nursery on his property as well. The Planning Board voted 3-2 in favor of the variance.
James recommended denial on the issue because he would rather see such items happen through
zoning instead of a variance. With a variance, he would be in charge of making sure there is
compliance on the property. The property would have a maximum of 2,500 square feet available for
the tree nursery. If the owner goes beyond that, the variance could be revoked. The variance will not
carry over to a new property owner if the property is sold. Some Planning Board members had traffic
concerns and questioned if the road can handle increased traffic. Mr. Bokoske says that people can
only come by appointment, which is difficult to enforce. The maximum area allowed for the tree
nursery would be more enforceable.
• Building heights of up to 45' in Community Commercial zone
James stated that he was going to have the Planning Board vote on this, but there was discussion and a
vote was delayed. The community commercial zone allows for building up to 25 feet, but the
neighborhoods behind community commercial allows for building up to 35 feet. It does not make
much sense, and taller buildings would provide more of a sound barrier from the railroad. The
Planning Board did not vote on it because James explained that a new type of zoning might need to be
created and further review is needed. A gentleman is interested in upgrading the vacant Community
Hope building on the comer of Pennsylvania and First. He wants to put in rental housing there, but
community commercial does not allow the number of units he proposed. He hopes to have a 75
percent lot coverage, which cannot be done with the current zoning. James thinks that more residents
need to be enticed into the central business district area to make downtown more viable and active.
• Annexation allowance for 1 or 2 years to conform
James distributed the draft annexation policy to the council. Since Chapter 16 was repealed from the
Laurel Municipal Codes earlier this year, the city has used MCA for annexations. There have been
some issues with engineering and installation of curb, gutter, and sidewalks for some annexations.
The one or two-year requirement would help solve the issue and would have nothing to do with any
major subdivisions. Subdivision Improvements Agreements require that curb, gutter, sidewalk, and
proper engineering are done.
There was lengthy council discussion on the issues.
Executive review:
• Appointments:
o Police Commission: Reappoint Brett Lund to a three-year term ending 12/31/2010
Mayor Olson stated that the reappointment will be on the December 18d' council agenda
• Council Issues:
o Yellowstone Historic Preservation Board issues (Emelie Eaton)
The information was not available for this meeting. The issue will be on the December 26d' council
workshop agenda.
• Trespassing and blocked sidewalks (Emelie Eaton)
Emelie recently spoke with Chief Musson regarding two issues and wanted the responses put on
record for public information. The trespassing issue dealt with what was perceived as trespassing in
an apartment building. The chief's answer was that no apartment manager or caretaker has the ability
Council Workshop Minutes of December 11, 2007
to police people who are perceived as being trespassers. Three examples given were: people who
were coming to promote attendance at a different church; people who were campaigning; and people
who were selling things. The police do not have the ability to get someone off of your doorstep,
simply because you do not like them there. Emelie stated that an individual thought they could
resolve the matter by posting a "No Soliciting", but that was not an effective deterrent. The
individual that brought this to Emelie's attention had the opinion that a person can keep people off
your doorstep at an apartment building by posting "No Soliciting: signs in the office and by
contacting the manager.
Chief Musson stated that the problem is difficult. Posting one "No Soliciting" sign does not account
for the individual rights of residents in an apartment complex. It would be impossible for the police
to enforce or an attorney to prosecute.
Emelie explained the issues with blocked sidewalks and a resident that does not have a front lawn.
The resident parks vehicles on the cement that reaches right up to the building. There is an ordinance
against blocking city sidewalks.
Rick stated that sidewalks cannot be blocked, but the police are not going to go around the old
Congregational Church, which is now a residence, and start putting tags on vehicles. If there are
complaints, the department would take action. There have been debates and issues where people park
with one wheel on the boulevard and one wheel on the street. It is against the law but it is a solution
to a narrow street and gives more width for people to drive through the street. Rick stated that most
cases are dealt with on an individual basis when a complaint is received about an issue.
Other items
• Resolution No. R07- : A resolution of the City Council consenting to Thomae Lumber
Sales' assignment of the Encroachment Permit previously approved by the City Council to
Newkirk Real Estate-Montana, LLC.
Mayor Olson stated that Paul Thomae, the owner of Thomae Lumber, contacted him today for his
signature on an encroachment permit. Thomae Lumber is selling the property tomorrow. Section
10. a. of the permit says "no assignment of this Permit or the rights and obligations hereunder shall be
valid without the specific written consent of both Parties hereto." Both parties' signatures are needed
in order to assign responsibility to the new owner. Mayor Olson signed the document in order to
facilitate tomorrow's closing. He asked the council to grant authority for that signature with approval
of this resolution.
Mayor Olson stated that Thomae Lumber will remain in business in Laurel and in Billings. With the
signature, the new owners have accepted all of the liabilities and considerations of the Encroachment
Permit that went into agreement with Thomae Lumber at the time of its creation. The Encroachment
Permit is available for review in the clerk's office.
The resolution will be on the December 186i council agenda.
Resolution No. R07- : A resolution of the City Council approving Yellowstone County's
request to drill a water test well on a small portion of the Laurel Cemetery to determine the
existence of usable water for irrigation of the future Veterans' Cemetery.
Council Workshop Minutes of December 11, 2007
Mayor Olson recently attended a meeting of the Veterans' Cemetery Steering Committee. At that
meeting, Bill Enright, of Interstate Engineering, made a proposal for the provision of water for the
Veterans' Cemetery and presented a hydrologist's recommendation for finding usable water. The
study determined that the best place to find water is in the southernmost tip of Laurel' cemetery
property. The county is requesting permission from the city council to drill a test well to find out if
there is water that would be suitable for irrigation and provide a flow of between 20 and 25 gallons
per minute. It would be a six-inch cased well going down 125 feet. Upon discussion further with the
engineering firm, it was explained that the construction of a 100,000-gallon holding reservoir may be
needed. The static water supply would be used to irrigate the Veterans' Cemetery. Mayor Olson
stated that the request is for permission to drill and other requests may come forward to the council,
but nothing else can happen without council approval.
The resolution will be on the December 18"' council agenda.
• Resolution No. R07- : A resolution of the City Council approving a change to the agreement
between the City of Laurel and Interstate Engineering, Inc.
Mayor Olson mentioned a letter from Interstate Engineering, which proposed preparation of the
Laurel Cemetery Master Plan for $8,400. The council appropriated $25,000 for a Master Plan in the
budget. Interstate Engineering recently did the mapping of the cemetery.
There was discussion regarding how the city currently irrigates the cemetery. Kurt Markegard
explained that the cemetery is irrigated by a pump off the Cove Ditch. The pump is located west of it
down below the hill. It is pumped up, across the highway, and up along the highway to the cemetery,
and then hand lines are used. It is a secondary pumping contract with the Cove Ditch Company.
Cove Ditch is notorious for breaking out, since it is built on sandstone. It has a maximum capacity as
it is coming through Park City, so they are always trying to push the limits on it and trying to get
water to the farmers. When the ditch breaks out, the City of Laurel is shut down. This year, the city
had a ten-day shutdown for repairs when the ditch broke out. The Cove Ditch Company put a two-
week restriction on the city not to pump until the water could get down to the farmers that needed it.
Along with the Veterans' Cemetery, the city is well aware of the issues. If the county is successful
with the test well, the city could also look into that.
Norm stated that the County and the City of Laurel will meet on Wednesday, December 19's, for
discussion regarding a maintenance contract for the Veterans' Cemetery. The Veterans' Cemetery
will pay the City of Laurel to maintain the cemetery, which could be a great opportunity for the city,
but many questions need to be answered. A subcommittee, consisting of Norm and Dick Fritzler, will
explore the issues. This will be the only recognized Veterans' Cemetery in the immediate area
Norm stated that the Veterans' Cemetery will be built to national standards. It currently is not a
national or state veterans' cemetery, but the idea is to build it to national standards so it could
eventually become one.
Mayor Olson stated that the Laurel Outlook plans to release its opinion on the city's charter and the
manner in which the city was given authority for it in Wednesday's newspaper. The city's response is
anticipated the following week.
Review of draft council agenda for December 18, 2007
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Council Workshop Minutes of December 11, 2007
Ordinance No. 007-12: An ordinance of the City of Laurel, Montana, establishing load limits
on city streets; providing for truck routes and for loading and unloading; establishing
exceptions; providing enforcement procedures and definitions; and providing for a penalty.
(First reading - 11/06/2007; Public Hearing -12/04/2007; Second reading -12/18/2007)
Mayor Olson stated that the second reading of the ordinance is scheduled for December 181i
There was a brief discussion regarding the truck route. If changes are needed to the truck route, the
streets must be built to the proper specifications in order to allow the truck route's weight designation
for 12,000 pounds.
Attendance at the December 18d council meeting"
All council members present will attend.
Announcements:
Doug stated that the Emergency Services Committee will not meet in December.
Mark requested that the staff talk to the new owners of Thomae Lumber regarding the stipulations in
the encroachment permit. Mayor Olson stated that the staff would do so. Mark suggested that the
city should document the current condition of the streets by Thomae Lumber,
Mayor Olson stated that, because of the holidays, the council workshop will be on Wednesday,
December 26 h, and the council meeting will be on Wednesday, January 2°d. The swearing in
ceremony for the new council members will be on the January 2nd council agenda.
The council workshop adjourned at 8:12 p.m
Respectfully submitted,
Cindy Allen
Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion of
the Council for the listed workshop agenda items.
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RESOURCE CONSERVATION ANd VELOPMENT {SEA, INC.
PO Box 180, 604 West Front Street, Joliet, MT 59041 406-962.3914. FAR 406-962-3647 -
December 11, 2007
Laurel City Council,
Regional Mass Transit
Provided staff time for technical assistance, grant writing and support for project.
Laurel Resource Assessment
Provided business technical assistance and support.
First Time Homebuyer Education Classes
Classes are offered in Laurel the second Saturday of every Month. This program has assisted
over 200 attendees annually.
Montana Bio-Industries Coouerative
Provided grant writing, administration, business and technical assistance in formation of
cooperative and developing feasibility for bio-fuel refinery project.
Montana Territory Meats
Provided business and technical assistance.
Big Sky Woodcrafters
Business funding and technical assistance provided by Beartooth RC&D Revolving Loan Fund.
Northern Rocky Mountain Glass
Business funding and technical assistance provided by Beartooth RC&D Revolving Loan Fund.
Michelle Riley
706 Washington Ave.
Laurel, MT 59044
406-628-7322
December 10, 2007
To Whom It May Concern:
My name is Michelle Riley and I live at 706 Washington Ave.,. I own and
operate a daycare in my home. Since school started I have had problems
with people parking their cars/trucks in front of my house. I have even had
people who park in front of my house all day long ! ! Why can't they park in
the parking lot ?? Isn't that what it's for ?
On some day's I've even had people blocking my driveway !! I have
parents who drop off their children / or pick them up, and have to walk from
the end of the next block, because they cant park in my driveway or in front
of my house ! !
I don't think this is right or fair to me ! ! And I have actually asked people to
not block my driveway, or park in front of my house, so parents can pick up
/ drop off children, for my daycare. If there is something you can tell your
teachers, or parents to keep this from happening, I would greatly appreciate
it ! !
If you have any questions, please feel free to contact me at any time .
Sincerely,
Michelle Riley &
Home Away From Home Daycare
December 4, 2007
To Whom It May Concern,
I am writing to express my concerns about the teachers
parking in front of my house during school hours. With the
new Laurel Middle School being built, I am sure that
adequate parking for the teacher's has-been allotted in the
school parking lot. Since the first day of school, there have
been teachers parking in front of my house from 7:20am to
4pm leaving us or our visitor no where to park. My house
has no drive way from the street, which leaves us no
parking in front. I know that the street is public parking, but
some consideration from the school to monitor that the
teacher's park in the school parking lot would be much
appreciated.
Thank you for your consideration in this matter,
Crai d Kris Lawson
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