HomeMy WebLinkAboutCouncil Workshop Minutes 10.31.2017 MINUTES
COUNCIL WORKSHOP
OCTOBER 31,2017 6:30 P.M.
COUNCIL CHAMBERS '
A Council Workshop was held in the Council Chambers and called to order by Mayor Mark Mace at
6:30 p.m. on October 31, 2017.
COUNCIL MEMBERS PRESENT:
x Emelie Eaton _x Doug Poehls
Bruce McGee Richard Herr
x Chuck Dickerson Scot Stokes
x Tom Nelson x Bill Mountsier
OTHERS PRESENT•
Heidi Jensen, CAO
Noel Eaton, City Planner
Public Input
There were none.
General Items
• Appointment of Barbara Wagner to the Yellowstone Conservation District Board for a three
year term ending in June of 2020.
The Mayor stated that Laurel, Billings and Broadview City Councils have to agree on this
appointment. The appointment term ends in June of 2020.
Executive Review
• Board of Adjustment Public Hearing 11.7.2017—Application of Land Use Contrary to Zoning
from Laurel Municipal Code 17.42 to allow a pictographic changeable copy sign in Entryway
Zoning District.
Heidi stated that the Laurel Municipal Code does not allow for this type of sign to be placed at the
High School. When the High School originally applied to put this sign on their property they were
denied by City staff. The school worked with Epcon Signs and found a code in Montana Code
Annotated that allows them to place the sign on the property contrary to zoning. At next Tuesday's
meeting the Council will act as the Board of Adjustment in compliance with the MCA code.
However,the Council is not allowed to deny their request.
Noel Eaton, City Planner, stated the City was unaware of the MCA code that allowed Public agencies
to hold a public hearing for a land use that's contrary to zoning. The Board of Adjustment holds a
public hearing, but has no power to deny the request. The public hearing allows residents an
opportunity to voice their concerns and the applicant an opportunity to listen. The Public agency does
not have to take those concerns into consideration. The sign will be placed where the existing sign is
located. It will be a pictographic changeable copy sign. The LMC 17.42 does not a11ow signs of this
nature in the Entryway District as the images can be a distraction to drivers. The current sign is a
computer controlled variable electronic sign.
Council Workshop Minutes of October 31,2017 ',
Staff recommended that School District #7 apply for a building permit and that Epcon Signs purchase I
a City of Laurel business license. Staffrecommends the applicant consider the following requirements
for the proposed sign: size, low-key colors, built with durable materials, shall not depict motion of
any kind, including blinking, and scrolling text or other special effects, the sign shall not change
images sooner that every 60 seconds, etc. (see attached staff report). The first two staff
recommendations can be enforced, the others cannot be enforced but staff asks that the applicant takes
those suggestions into consideration when operating the sign.
The Board of Adjustments consideration is that the board shall have no power to deny the proposed
use but shall act only to allow a public forum for comment on the proposed use.
Emelie questioned if the staff recommendation was to have School District #7 obtain a business
license or Epcon Signs.
Noel and Heidi both clarified that the School District will not need a City of Laurel Business License,
but the company they choose to place the sign will need a City of Laurel Business License.
Emelie also questioned if since this is the second time an entity has been able to get a sign not allowed
via LMC will others be able to as well.
Noel responded that this MCA code only applies to public agencies, such as the School District and
the Municipality.
Doug stated he thought the Council had denied approval of the other sign in town and the sign was
still allowed.
Noel clarified that the other instance is a different circumstance and that sign was permitted by the
building department in error. The sign in question does adhere to the MCA code.
Tom questioned if we have more signs than just the two being discussed. It was clarified that those
signs are not defined as pictograph changing signs and are grandfathered in.
Bill asked for clarification on why changing the sign after 60 seconds is less of a distraction to drivers
than changing before 60 seconds.
Noel clarified that a static image for greater than 60 seconds, a driver is more apt to look at the image
and return to focus on the road than continually looking at the sign if it were changing rapidly or
blinking/flashing of any nature.
Bill also questioned if the sign would be in use while kids are come and going from school property.
Noel clarified that the City will not have control over when the sign will be in use that the School
District will.
• Resolution to award Tax Increment Finance money to the Laurel School District for a new
sign in the amount of$12,500.
School District #7 applied in December of 2016 for TIF District to help pay for a new sign at the high
school. LURA did vote to approve half the expense of the sign, $12, 500 up to a max of$20,000, to
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Council Workshop Minutes of October 31,2017 ,I
be sent to the City Council. LURA was advised that this was something the TIF District could not �
fund. The gift could not be awazded to the School District because it did not meet the requirements of
what the TIF District can fund under State law. Both the staff report from Noel and email from the
City Attorney, see attached documents, state that staff does not recommend gifting the School
District $12,500 as it does not comply with Montana State law.
Tom requested the LURA minutes be more detailed.
Heidi clarified that all the meetings are recorded and voted on at the next LURA meeting. She stated
that she could share this request with the LURA secretary.
Bill questioned if this sign funding request is the same sign not allowed under LMC.
Heidi stated correct.
Noel clarified the timeline for the request of funds. The first request came to the LURA Board in
December of 2016 with no indication of what type, size, or features of the sign. LURA voted to pay
half the amount of sign not to exceed $20,000. Fast forward nine months and Noel was contacted by
Epcon Signs with the Land Use Contrary to Zoning application.
Doug questioned if the high school is located in the TIF District.
Noel clarified that no, but MCA does allow TIF money to be used outside the TIF District if it is used
for connecting infrastructure, such as sidewalks, roads, sewer, and water.
Doug stated he wanted the Council to vote down a resolution to award the money to the high school.
Heidi stated that in the email from the City Attorney it states the money cannot be awarded to the
school as it is unlawful. She expanded that if the Council does not approve this request LURA still
has the ability to award up to $5,000, at which point staff would deny the request.
Emelie was appreciative of how the City Attorney wrote the reasons why the Council cannot move
forward with this request.
Heidi stated that the TIF District does take tax dollars away from the schools and LURA was trying to
give back to the schools.
Tom requested when the next LURA meeting is.
Heidi stated the next LURA meeting will be held on November 20th.
• CouncilIssues:
o Update on Yellowstone River flooding event
Heidi stated that grass was planted on October 16th of this year. Staff are working to make sure it
takes and the land owners are satisfied with the punch list to move forward with closing this item out.
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Council Workshop Minutes of October 31,2017
There was a conference call last week with FEMA and the DES Coordinator in Helena. Once they
issue the draws it will be an extended wait to close out. The current estimate is 18 months before the
close out can be completed and the City will receive the final check.
o Discussion on consolidation of Cemetery Commission and Park Board—Tom Nelson
Tom stated Cemetery Commission had a discussion at their last meeting and discussed the
consolidation of Park Board and the Cemetery Commission. He stated he felt the meetings could be
lengthy. Currently would like to keep the meetings separate but keep the dialogue open for the future.
Heidi stated she will ask the City Attorney to not work on this further.
Other Items
Emelie was contacted by a resident regarding the ability to build a fence. The resident was unsure of
where to send their letter and sent it to their City Council representative. She thought this information
would need to go to someone in the planning department.
Noel stated that she has been in contact with this resident. A portion of the land the resident would
like to place the fence is right of way. The resident is not able to place a fence on property they do not
own. There are also plans to widen Railroad Street in the near future which would require the resident
to remove the fence if it was placed outside of their property lines.
Emelie asked if there is a way for this resident to find a proper location to put their fence.
Noel stated she could try to find a pin on the property and measure out the property lines from the
subdivision plat. However, the property owner is recommended to hire a surveyor to find their
property lines.
Review of draft Citv Council and Adjustment Board Agendas for November 7, 2017
Heidi clarified that there doesn't need to be two separate agendas that when the Council gets to the
Public Hearing they will open it as the Board of Adjustment.
Attendance at the November 7, 2017 Council meetin�
Ali those in attendance will be present at the November 7�'Council Meeting.
Announcements
Tom reminded those present to watch for kids as it is Halloween and they may be hard to see.
Chuck asked the status of garage sale signs to be placed on the next Workshop agenda.
The council workshop adjourned at 7:00 p.m.
Res ctfully bmitted,
Brittney Moorm
Administrative Assistant
NOTE: TWs meeting is open to the public. Tlus meeting is for information and discussion of the Council for the
listed workshop agenda ibems.
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To: Laurel Ciry Councii
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From:Noel Eaton,City Planner � � (,�
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Re: IURA-High School's new sign
Date:November 7`" '
LAUREL/CITY COUNTY PLANNING DEPARTIVIENT
The Laurel Urban Renewal Agency recommends TIF funding to Laurel Public Schools for the new sign at
the High School.The board recommended an amount of$12,500 for the new sign.
LURA held their regular meeting on December 19�', 2016 and Laurel High School Principal, Ed Norman,
requested half the amount of the proposed sign.The board recommended up to$20,000 or half of the
total cast of the sign.Stockman's bank would contribute the other half of the funds.
In September 2017 Epcon Sign Group contacted the City Planner for assistance permitting the new sign
totaling$25,000.After further research of MCA and the powers of the TIF District, Noel presented the
attached letter to the LURA board. 7he board wanted to fonward their recommendation of the$12,500
to the Laurel City Council.
Staff does not recommend spending these funds.
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UTY/COUNTY PLANNING DEPARTMENT
To: Neidi Jensen
From: N�eI faton
Date: 10Ji6/2(l17
Re: 5chool Request'or LURA funding
The Laurel High SGho�l recently requested up to$ZQ,000 of tax increment funds for the construction of a new reader board sign
at tne High School.The sign wiii also be funded by YeUowstone Bank.The mernbers of IURA voted to recommend funding this
request.It is my understanding that this issue will be piaced on a�upcoming Council agenda.While I recognize the importance
of this project as it relates to public invoiveme�t in the community,I have concerns that this is not a suitable project for tax
inuem�n[financ:e funding.
Montana Cade Annotated(MCA 7-15-4288}provides specific guidelines far what costs may�e paid by tax increment financing.
Removing bilght,inciuding signage is an acceptabie use o;funds ho�vever,the language is very clear that ihese funds are to be
used far prajects located in the TIPD boundary.The only case in which this funding can be used outside of[he districz is if the
project conrects the TIFD to existing infrastructure outside of the district(MCA 7-15-428$j10j).Fhis project does not included
public infrastucture.
lastly,this prcjet:has an alternative source of fu�ding,Stockman`s Bank.
I find it positive that t_aurel Scho�is are looking for creative ways to part�er with the City.i believe it is a relationship that
should be fostered,hawever,with the findings above I believe this is not the appropriate avenue to fund this project.
MINUTES
Laure) Urban Renewal Agency (LURA) ,
DECEMBER 19TH, 2016, IAUREL LIBRARY CONFERENCE ROOM '
Meeting was cailed ta order by Judy Goldsby. Roll call/Attendance: Quorum of voting members present: I
Mardfe Spalinger and Dean Rankln. Advisory boaM members: 7anice Lehman and Steve Solberg. '
Ctty Councii: Ricfc Herr. Ctty 5taff: Noei Eaton, Hefdi Jensen and Bethany Keeler.
Introductions: Ed Norton. The pnncipal of laurel Niyh Schaol. ',
Approval of Minutes from Previous Meeting: Dean made the motion and Judy seconded.
Otd Business:
a. it was discussed that Don 5marsh may be interested in the open voting board member �
posltion.
b. Nothing to report from Flock Nawking i
c, Noel spoke wlth Mike Rawl Prom the Railroad, letters wiil be going out to the property owners
reqarding the crasswaiks on So. wash. A mation was made to have IURA pay for the mUt
on So.Wash totaling $15,400.00. Mardfe made the motion to tentatively approve the amount
paid the same way SE 4th was paid. Dean seconded the motfon.
New Business:
a. LMS Reader Boa�d: Ed Norton has asked LURA to pay for half of the new sign not t�exceed
�20,000.00 with Stockmans Bank paying the otfier half. Mardie made the motion and Dean
seconded.
RCpoKs:
a. Cfty Adminlstration: Water Intake update.
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b. City Ptanner: Rimrock Fencing update.
c. City lYeasurer; Betha�y passed out the financiai report. Ughts on SE 4th update.
d. Big Sky EDA: None.
Public Comme�t on Non Agenda Top�cs: None
Next Meet(ng: )anuary 23rd, 20I7 at 11:00 at the Laurel Library.
Adjournment: Judy made the motion and Mardie seconded.
Brittney Moorman
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From: Sam Painter - Thompson Painter Law <sam@thompsonpainterlaw.com> '
Sent: Tuesday, October 31, 2017 1:45 PM
To: City Mayor; Heidi Jensen
Cc: Brittney Moorman
Subject: TIFD Proposed Funding for School District#7 Sign
Dear Mayor Mace and CAO Jensen:
I have reviewed the recommendation made by the TIFD District Board to provide School District#7 up to$20,000 in Tax I,
Increment Funds to assist them with the purchase of a new sign to replace its existing sign. I additionally reviewed the '
minutes of the TIFD Board Meeting and Staff's recommendation against using TIFD funds to fund the request. I '
reviewed Montana law,and must advise you and the City Council that the proposed expenditure is contrary to Montana '
law for a number of reasons including the location of the proposed expenditure(out of District)and the fact the
proposed use does not constitute an out of district infrastructure improvement that would improve conditions within i
the district.
As a consequence, 1 have not prepared a resolution for the City Council's Consideration since such Resolution would be
contrary to law and the resulting expenditure unlawful. Therefore, I recommend no action be taken on this matter by
the City Council.
Sincerely, '
SGt�IM� S. pG�l,�v(?�1r'
Sam S. Painter I
Thompson Painter Law P.C.
Professional Center @ 32nd
176 South 32"d Street West,Suite 4 �
Billings, MT 59102-6867 '
Telephone: (406) 294-4230 �
Facsimile: (406) 294-4235
� I
202 West Avenue _
Laurel, MT 59044
October 26, 2017
Laurel City Council
PO Box 10
Laurel, MT 59044
Dear City Council;
My husband and I live at 202 West Avenue in Ward 1. We are writing to tMe council today to ask
for permission to fence some ground next to our property. Our properties geographical
description is "Lots 1 and 2 of Block 5 of the Yellowstone Subdivision°, The ground we are
asking permission to fence is just north of Lot 1.
This particular parcel of ground is on the south side of Railroad Street. My husband and I
understand there is a chance Railroad Street may be improved upon at some point. With that
being said, if given permission to fence this ground, we understand there is also a chance we
may be asked to take down said fence.
My husband and I maintain tMis parcel of ground trying to improve the look and appeal of our
part in Yellowstone Subdivision.
Thank you for taking the time to read and taking into consideration our inquiry,
Sincerely; �
r -'� ,
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Kacie J Wilmot
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