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HomeMy WebLinkAboutCouncil Workshop Packet 03.03.2020The 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. DATES TO REMEMBER AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, MARCH 03, 2020 6:30 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we as k that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. An y comments provided tonight will not be included in the record or considered by the City Council. General Items 1. Northwest Energy LED Light Presentation 2. Appointment of Makayla Kostelecky to the Laurel Volunteer Fire Department 3. Declare Vacancy on Emergency Services Committee 4. Motion to approve Council Member Sparks to be absent from the City of Laurel for more than ten days (LMC 2.12.060) 5. Motion to approve Council Member Stokes to be absent from the City of Laurel for more than ten days (LMC 2.12.060) 6. Motion to approve Council Member McGee to be absent from the City of Laurel for more than ten days (LMC 2.12.060) Executive Review 7. Resolution - A Resolution Of The City Council Adopting The laurel Transportation System Coordination Plan. 8. Resolution - A Resolution Of The City Council Granting A Variance From The City’s Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And Building Design Standards On A Parcel Of Property Located On East Railroad Street. (Public Hearing March 10th) 9. Resolution - Resolution Awarding Knife River The Contract For The City Of Laurel’s East Downtown Infrastructure Improvements Project And To Authorize The Mayor To Sign All Required Contract And Related Documents On The City’s Behalf. 10. Resolution - A Resolution Of The City Council Amending Policies And Procedures For The Laurel Cemetery. Council Issues 11. Discussion on Safety Levy for the Ambulance Other Items Review of Draft Council Agendas 12. Review Draft Council Agenda for March 10, 2020. Attendance at Upcoming Council Meeting Announcements 1 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. DATES TO REMEMBER 2 3 4 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. DATES TO REMEMBER 5 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. DATES TO REMEMBER Item Attachment Documents: 7. Resolution - A Resolution Of The City Council Adopting The laurel Transportation System Coordination Plan. 6 R20-__ Adopt Transportation Coordination Plan RESOLUTION NO. R20-__ A RESOLUTION OF THE CITY COUNCIL ADOPTING THE LAUREL TRANSPORTATION SYSTEM COORDINATION PLAN. WHEREAS, the City of Laurel has developed a transit plan to assist its citizens in obtaining and utilizing public transit; and WHEREAS, the City has requested funding for the project through the State’s Federal Transit Administration grant; and WHEREAS, the State requires the City adopt a coordination plan annually. NOW THEREFORE BE IT RESOLVED by the City Council of the City o f Laurel, Montana, that the Laurel Transportation System Coordination Plan, a copy of which is attached hereto, is hereby adopted and approved as Laurel’s Transportation System Coordination Plan. Introduced at a meeting of the City Council on March 10, 2020, by Council Member ________________. PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 10th day of March, 2020. APPROVED by the Mayor this 10th day of March, 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: ________________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 7 1 | P a g e TRANSPORTATION COORDINATION PLAN LAUREL TRANSIT MONTANA DEPARTMENT OF TRANSPORTATION FY-21 Prepared by: City of Laurel Bethany Langve, Clerk/Treasurer Scheduled for City Council Adoption: March 10, 2020 TAC Action: 8 2 | P a g e Montana Coordination Plan Outline Adoption by Transportation Advisory Committee: The relevant transportation providers and agencies are described in more detail. Laurel Transit: Laurel Transit (also referred to as transit system) is working to provide a successful on-demand service for public transportation within the City limits of Laurel while offering regular service to Billings. Laurel Transit is looking to contract with as many agencies in the area as possible to provide expanded service. It is currently not feasible for Lau rel to have a fixed route system; however, accommodations for such a system are being discussed such as bus benches and signs within the City. Laurel Transit Schedules: Laurel Transit operates Monday-Friday 10:00 AM – 4:00 PM. The Billings service route begins at 7:30 and in-town service begins at 10:00 am. Agencies Involved:  Adult Resource Alliance of Yellowstone County -- ARAYC has partnered with the City of Laurel to provide the driver for the bus and the cell phone. ARAYC previously operated the senior bus in Laurel, which was absorbed with the formation of Laurel Transit. The City works very closely with ARAYC to ensure the level of service delivered through the senior bus program is continued in Laurel Transit.  Tender Nest Assisted Living—Contact with Tender Nest Assisted Living continues, and the facility has contracted with the City for vouchers.  COR – There is a plan to include COR in future TAC meetings.  Riverstone Health – The transit system is working to contract for demand/response service for Riverstone Health patients. 9 3 | P a g e  Laurel Senior Center – The Sprinter bus is currently stored in a garage at the Senior Center. Frequent trips are taken to the senior center for rider visits .  Laurel Health and Rehab- Continues to utilize the bus service for transportation purposes for their clients and residents.  MET- contact with MET in Billings has been made in hopes to grow the Laurel Transit system and gain new ideas. Public Involvement: The Transportation Advisory Committee meets quarterly. Meetings notices are published on the City of Laurel website and at City Hall. Meetings are open to the general public. For more participation at TAC meetings more community outreach will be done to involve public participation. Private Sector: The City of Laurel does not have any private transportation system available. Needs Assessment and Plan to Increase Ridership: The Laurel Transit will be starting focus groups this fiscal year in order to determine the needs of the community and their transit provider. The focus groups will include current riding members, City staff, other transportation providers, healthcare employers, and other members from the community. The groups will focus on the current challenges the transit program faces and get a better idea of how to improve the system. In order to increase ridership a new 14- passenger bus be obtained, as the current bus is unreliable and breaking down. A capital grant application is going to be submitted this fiscal year. The Laurel Transit System has stepped up its ad vertising strategies by designing and distributing flyers with route information and publishing that flyer in the Laurel Outlook on a regular basis. Transportation Advisory Committee (TAC) Meetings: The Laurel TAC meets on a quarterly basis. The TAC is comprised of City staff, community interested members and representatives from Residential Support Services, the Adult Resource Alliance of Yellowstone County and other interested parties. For more participation at TAC meetings more community outreach will be done to involve public participation. 10 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. DATES TO REMEMBER Item Attachment Documents: 8. Resolution - A Resolution Of The City Council Granting A Variance From The City’s Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And Building Design Standards On A Parcel Of Property Located On East Railroad Street. (Public Hearing March 10th) 11 R20-__ Laurel Trading Post Variance East Railroad Street RESOLUTION NO. R20-__ A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY’S ZONING ORDINANCE TO DISREGARD THE BUFFERYARD REQUIREMENT, SIGHT-OBSCURING FENCE REQUIREMENT AND BUILDING DESIGN STANDARDS ON A PARCEL OF PROPERTY LOCATED ON EAST RAILROAD STREET. WHEREAS, the property located on East Railroad Street (as further described herein) is currently zoned Community Entryway, Highway Commercial, pursuant to 17.26.052 and 17.26.054, of the Laurel Municipal Code; and WHEREAS, such zoning provides that all buildings must be completed on all sides, roofs shall be finished with material that is architecturally compatible in color and design with the construction of the building, must conform to specific façade requirements, and must have bufferyards that meet specific requirements of the City; and WHEREAS, on January 31, 2020, the property owner prepared and filed a Variance Request Application seeking a variance from the zoning requirements for the property at issue as provided in his application which is part of the record in this proceeding; and WHEREAS, the Laurel City-County Planning Board acting as the City’s Zoning Commission held a public hearing on the variance request on February 26, 2020 at 5:35PM. The Zoning Commission received public comment both supporting and not supporting the property owner’s requested variance; and WHEREAS, the Zoning Commission’s record and decision is contained in the City-County Planning Board meeting minutes which are incorporated as part of this resolution as well as all documents submitted into the record; and WHEREAS, the Zoning Commission considered all the documentary evidence in the record along with the testimony presented at the public hearing, and recommends the approval of the variance, subject to the conditions recommended by Staff as follows: 1. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or anchored to the ground. 2. The proposed pipe rail fencing must not become an eye sore by way of lack of maintenance and/or repair. 3. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way. 4. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. WHEREAS, the City Council held a public hearing concerning this matter on March 10, 2020. 12 R20-__ Laurel Trading Post Variance East Railroad Street WHEREAS, based on the evidence contained in the record, including the Zoning Commission’s File, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City of Laurel to allow the variance since: 1. granting the variance in this case relates only to a special condition that is specific to the applicant; 2. the current hardship was not created by the applicant; 3. the variance requested appears to be within the spirit, intent and purpose of the zoning regulations; and 4. granting the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the owner’s request for a variance is hereby approved for the property located at East Railroad Street further described as follows: ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 2B, 2C, & 2D, Laurel, Montana BE IT FURTHER RESOLVED, pursuant to the variance, the Property Owner may disregard the buffreyard requirement, sight-obscuring fence requirement, and building design standards for the property described herein; and BE IT FURTHER RESOLVED, that the variance is approved subject to the following conditions: 5. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or anchored to the ground. 6. The proposed pipe rail fencing must not become an eye sore by way of lack of maintenance and/or repair. 7. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way. 8. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. Introduced at a regular meeting of the City Council on March 10, 2020 by Council Member _________. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 10th day of March 2020. APPROVED BY THE MAYOR this 10th day of March 2020. CITY OF LAUREL _____________________________ Thomas C Nelson, Mayor 13 R20-__ Laurel Trading Post Variance East Railroad Street ATTEST: ________________________________ Bethany Langve, Clerk/Treasurer APPROVED AS TO FORM: ________________________________ Sam S. Painter, Civil City Attorney 14 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Variance – EEC Inc. and Gregory Haux (Laurel Trading Post) DATE: February 25, 2020 DESCRIPTION/LOCATION: DESCRIPTION/LOCATION: Gregory Haux of the Laurel Trading Post submitted a request for four variances to LMC Chapter 17.26 – Community Entryway Zoning District and Chapter 17.27 – SE 4th Street Overlay District. The affected property is located on East Railroad St. at a currently unassigned address. The parcel is zoned Highway Commercial and is within the Community Entryway Zoning District and SE 4th Street Overlay District. The applicant is requesting variances to disregard the bufferyard requirement, sight-obscuring fence requirement, and building design standards. STAFF FINDINGS: Applicant Data: Owner: Gregory H. Haux Legal Description: ENTERTAINMENT PARK SUBD, S15, T02 S, R24 E, BLOCK 1, Lot 2B, 2C, & 2D Address: E. Railroad St. Parcel Size: 4.99 Acres Existing Land Use: Field Proposed Variance: Design standards and landscaping standards within the Community Entryway Zoning District and SE 4th Street Overlay District. Existing Zoning: Highway Commercial Surrounding Land Uses: North: Zoning: Heavy Industrial Land Use: Railroad South: Zoning Interstate Highway Land Use: Interstate Highway East: Zoning Highway Commercial Land Use: Midway Rentals West: Zoning: Highway Commercial Land Use: Fiberglass Structures Inc. 15 1. The variance application packet is attached and contains the application form, application cover sheet, detailed justification letter, fee receipt, a site plan, building design plans, and the public notice. 2. The application is requesting three variances to LMC 17.26 – Community Entryway Zoning District including: a. 17.26.052 Development Standards Part B: Building Design Standards, Number 1, b. 17.26.052 Development Standards Part C: Additional Provisions for Commercial Uses, c. 17.26.054 Landscaping Standards part B.1: Bufferyard Requirements. 3. The application is requesting a variance to LMC 17.27 – SE 4th Street Overlay District including: a. 17.27.060 Building Design Requirements, Part A. 4. LMC 17.26.052 Part B states: 1. All buildings shall be completed on all sides with one of the following finishing material: brick, fluted block, colored textured block, glass, stucco, architectural concealed fastener metal panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed seam metal buildings shall be prohibited unless covered with an acceptable finishing material. 5. LMC 17.26.052 Part C States: 1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise shall not include any used equipment. Bufferyards or required landscaping shall not be used for the displaying of merchandise. 6. LMC 17.26.054 Part B States: B. Landscaping. 1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a bufferyard (landscaping strip) adjacent to and along the length of I-90, First Avenue North, or First Avenue South on which the use fronts. Such landscaping buffer shall extend from the edge of the public right-of-way. Placement and landscaping design shall be at the discretion of the developer, and the required trees and shrubs may be clustered to enhance the view of the property from the public right-of-way as long as such uses conform with Section 17.26.052(C) of this code. A local design professional or local nursery must be consulted for assistance with the development of the landscape design. The use of native, drought-tolerant plant material is strongly encouraged. Evergreen trees are encouraged for bufferyards, and canopy trees are encouraged for parking areas. The planting of trees should be done in such a manner as to provide maximum solar efficiency throughout the site. a. The developer shall have the option of one of the following three bufferyards. Bufferyard depth is measured from the property line adjacent to the public right-of- way inward. Any buffer area which overlaps another buffer area shall be subtracted 16 from the total to avoid double counting. The number of trees and shrubs required is per one hundred feet of frontage: (1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs (2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs (3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs 7. LMC 17.27.060 – Building Design Standards, Part A: A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life. The materials to achieve a rustic western appearance are required. Buildings shall be finished with a minimum 40 percent half log and/or rock accents on the front façade. 8. The applicant and staff discussed 17.26.052.B and the significant design and building costs and opportunity costs to future business operations if the Community Entryway Zoning District codes are fully enforced as compared to similar businesses that currently exist within the same districts. The proposed design incorporates frontage and façade details and changes in materials and textures to keep with a rustic western aesthetic. 9. In regard to 17.26.B.1, there currently exists a sanitary sewer utility line running along the southern boundary of the property which would present serious future maintenance issues and conflicts with established City of Laurel Public Works standards if a bufferyard was constructed as per code. 10. 17.26.52.C.1 requires a sight obscuring fence for businesses storing merchandise outside of an approved building. The applicant states that the facility will utilize a secure 6’ chain link fence topped with 1’ of barbed wire along existing frontage and install a 5’ pipe rail fence to secure merchandise while simultaneously allowing highway traffic to view merchandise stored on site as well as maintain a rustic aesthetic. 11. The Highway Commercial District was established to cater to the tourist, traveler, recreationist, and general traveling public. Requirements to block highway-focused businesses from marketing merchandise goes against the stated goal of the district. 12. Upon submittal it was found that the request for variance to 17.27.060 Part A was applied for in error. A variance is not required for this code as the property is not located directly on SE 4th Street as per 17.27.060 Part B. ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION: The Zoning Commission shall review and make determinations on variances through Laurel Municipal Code (LMC) Chapter 17.60.020: A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the 17 ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. STAFF SUGGESTED CONDITIONS: If the City Council recommends approval of the variance, the following conditions are suggested: 1. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or anchored to the ground. 2. The proposed pipe rail fencing must not become an eye sore by way of lack of maintenance and/or repair. 3. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way. 4. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. PROCEDURAL HISTORY: • Gregory Haux and Chuck Henrichs and Kevin Lundin of Eggart Engineering and Construction (EEC Inc.) met with the City Planner, Building Official, and Public Works Director to discuss the situation, receive comment from city staff, and understand the process to apply for a variance. • The variance application packet was received on January 31, 2020 by the Planning Department. • A public hearing for the variance request is scheduled to take place at the Laurel City - County Planning Board on February 26, 2020 at 5 :35PM. • A public hearing for the variance request is scheduled to take place at the Laurel City - Council Meeting on March 10, 2020 at 6:30PM. 18 19 20 City-County Planning Variance Request 01/31/19 EEC, Inc. 406.839.9151 www.eecmt.com ENGINEERS • ARCHITECTS • SURVEYORS • BUILDERS Page 1 of 3 720 Lohwest Lane Billings, MT 59106 Laurel City-County Planning Board 115 W. First Street Laurel, MT 59044 RE: City-County Planning Variance Request: Items #1-5 To whom it may concern, Enclosed you will find completed, all the information required for our submittal to be considered for review and recommendation by the Laurel City-County Planning Board. 1. We met with the City Planner on 01/14/2020, to discuss this project/variance and provided a map of property owners within 300 feet of the property, see attached. 2. See attached 11x17 (Half-Scale) drawings, which includes all existing and proposed structures and proposed variance measurements. 9 sheets: C101, A101, A102, A201, A202, and four concept renderings. 3. See the provided set of three mailing labels for each surrounding property owner within the 300 feet. 4. With the following four proposed variance measures, we provide a detailed justification referring to the Laurel Municipal Code Chapter 17.60.020. a) Reference Section 17.26.052 Development Standards – B. Building Design Standards which states “All buildings shall be completed on all sides with one of the following finishing materials: …architectural concealed fastener metal panels.” The material under review for this variance request is an exposed fastener PBR metal panel siding, see attached Exterior Elevations sheets A201/A202 for full scope. We are proposing leaving the architectural concealed fastener metal panels around the public frontage/entrance base as detailed, which meet the requirements set for under the Building Design Standards. However, at the shop we are proposing an exposed fastener PBR metal panel siding that does not meet the “concealed fastener” standard and one exception of the corrugated metal siding above the wainscot accenting the main/side entrances. The change in materials/texture allows the design to create a sense of hierarchy that helps to define the entrance with more detail and direct visitors. This design approach does in our view meet the spirit or intent of the standard set forth. Based on the Laurel Municipal Code Chapter 17.60.020 #5, we believe the requested variance “would be within the spirit, intent, purpose and general plan of this title” and #6 the requested variance “would not affect adversely or injure or result in injustice to others.” 21 City-County Planning Variance Request 01/31/19 EEC, Inc. 406.839.9151 www.eecmt.com ENGINEERS • ARCHITECTS • SURVEYORS • BUILDERS Page 2 of 3 720 Lohwest Lane Billings, MT 59106 b) Reference Section 17.26.054 Landscaping Standards – B. Landscaping Standards which states “1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a bufferyard (landscaping strip) adjacent to and along the length of I-90…” Furthermore, it states “…The number of trees and shrubs required per one hundred feet of frontage: (1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs…” The material under review for this variance request item is a proposed 25’-0” Bufferyard that meets the landscaping standard, however, does not provide the required five trees or ten shrubs per one hundred feet of frontage, see attached Site Plan sheet C101 for full scope. We have taken this direction after meeting with the City on a recent project, with the realization that there is an existing Sanitary Sewer line that runs directly under the bufferyard, the full extent of frontage on this property. It was clear that the City was not in favor of putting trees nor shrubs directly above this existing line, under any circumstance. We feel the same, it would be a design flaw and future maintenance issue. Please note, in addition to the proposed landscaped bufferyard we are proposing 25’-0” more landscaped area as part of a stormwater detention, this adds to the interstate buffer zone. Based on the Laurel Municipal Code Chapter 17.60.020, we believe the requested variance meets requirement #2 “Unless the grant relates to a condition or situation special and peculiar to the applicant;” the existing location of the Sanitary Sewer line running directly under the bufferyard creates that special situation/condition. c) Reference Section 17.26.052 Development Standards – B. Additional Provisions for Commercial Uses, which states “1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise shall not include any used equipment. Bufferyards or required landscaping shall not be used for the displaying of merchandise.” The material under review for this variance request item is leaving in place the existing barbwire and 6’ chain-link fencing with barbwire above, in replace of a site obstruction fence. Additionally, we propose a 5’ pipe rail fence and gate facing East Railroad Street, that fits the western rural aesthetic of the area and the products supplied and sold on-site, see attached Site Plan sheet C101 for full scope. Laurel Trading Post is the leading provider of Trailers, Parts, and Service in Montana and offers a large selection of trailers, horse trailers, livestock trailers, flatbeds, construction, car trailers, cargo trailers, associated parts, and more. It is key for the public to have full visibility to Laurel Trading Post’s merchandise available for sale. The intent of the proposal is that all sale merchandise for display along interstate I-90 will be outside an approved building and enclosed in the yard area appurtenant to the 22 23 24 25 26 2 7 28 29 30 31 32 33 34 35 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. DATES TO REMEMBER Item Attachment Documents: 9. Resolution - Resolution Awarding Knife River The Contract For The City Of Laurel’s East Downtown Infrastructure Improvements Project And To Authorize The Mayor To Sign All Required Contract And Related Documents On The City’s Behalf. 36 R20-__ Award East Downtown Infrastructure Improvements Project – Knife River RESOLUTION NO. R20-__ RESOLUTION AWARDING KNIFE RIVER THE CONTRACT FOR THE CITY OF LAUREL’S EAST DOWNTOWN INFRASTRUCTURE IMPROVEMENTS PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN ALL REQUIRED CONTRACT AND RELATED DOCUMENTS ON THE CITY’S BEHALF. WHEREAS, the City of Laurel planned and publicly advertised the project known as the East Downtown Infrastructure Improvements Project, and the City received responsive bids from qualified contractors; and WHEREAS, the City’s Engineers, KLJ, and City Staff considered the bids received and recommends the City Council award the project and that the award and contract is in the City’s best interest; and WHEREAS, Knife River submitted a bid of $2,487,572.50 and both KLJ and the City Staff have determined that accepting the bid is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the project to Knife River for its submitted bid price of $2,487,572.50. The Mayor and City Clerk are authorized to sign all necessary documents, agreements or contracts on the City’s behalf consistent with this resolution. Introduced at a regular meeting of the City Council on March 10, 2020, by Council Member ______________. PASSED and APPROVED by the City Council of the City of Laurel this 10th day of March 2020 APPROVED by the Mayor this 10th day of March 2020. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _________________________________________ Bethany Langve, Clerk-Treasurer, Clerk-Treasurer Approved as to form: __________________________________ Sam Painter, Civil City Attorney 37 3 8 3 9 4 0 4 1 4 2 4 3 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. DATES TO REMEMBER Item Attachment Documents: 10. Resolution - A Resolution Of The City Council Amending Policies And Procedures For The Laurel Cemetery. 44 R20-__ Cemetery Policies and Procedures RESOLUTION NO. R20-__ A RESOLUTION OF THE CITY COUNCIL AMENDING POLICIES AND PROCEDURES FOR THE LAUREL CEMETERY. WHEREAS, the Laurel Cemetery Commission has considered and prepared policies and procedures for the control and management of the Laurel Cemetery, which regulations are set forth in Exhibit A, attached hereto, and WHEREAS, the Laurel Cemetery Commission is recommending that the City Council adopt these amended policies and procedures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the policies and procedures recommended by the Laurel Cemetery Commission and set forth in Exhibit A, attached hereto and by this reference made a part hereof, are hereby adopted as the Laurel Cemetery Policy & Procedures, and shall be the regulations for the control and management of the Laurel Cemetery. Introduced at a regular meeting of the City Council on March 10, 2020, by Council Member ____________________. PASSED and APPROVED by the City Council of the City of Laurel this 10th day of March 2020. APPROVED by the Mayor this 10th day of March 2020. CITY OF LAUREL _____________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: _______________________________ Sam Painter, Civil City Attorney 45 1 POLICY & PROCEDURES for the City of Laurel Cemetery Laurel, Montana Passed and Approved by the City Council Resolution No. R20-__ Adopted on March 3, 2020 46 2 1. CITY POLICY a. The City of Laurel has sole jurisdiction and overall responsibility for the policy, procedures, budget and operations of the Laurel Cemetery. The City shall ensure the Laurel Cemetery is maintained in an honorable and dignified manner to perpetually memorialize the deceased persons. b. The City of Laurel Public Works Department is responsible for the operation, maintenance, and opening /closing of the graves for the cemetery. c. The City Clerk’s office is responsible for the collections of monies for plots and opening /closing of the graves. d. Cemetery Hours: The Laurel municipal cemetery shall be closed to the public on each day from sunset to seven a.m. No person shall enter or remain on cemetery grounds during hours of closure without prior approval from the cemetery commission. (LMC 2.84.110) e. Dogs or other pets are not allowed on cemetery grounds except for guide dogs of the legally blind. f. Recreational activities are not allowed on cemetery grounds including the consumption of alcohol or the use of illegal drugs. g. Vehicle traffic is limited to five (5) m.p.h. and must stay on designated cemetery roads. h. The City is not responsible for the theft or loss of personal belongings. 2. CEMETERY COMMISSION a. The commission consists of seven members. One member of the commission shall be the duly elected, qualified acting mayor of the city. Six remaining commission members shall be appointed by the mayor and approved by the council as follows: Two members shall be duly elected, qualified and acting alderpersons of the city; two members shall reside within the city limits; and two members shall reside at large in Yellowstone County. The term of office of each member shall be two years or sooner, as specified in the mayor’s appointment and until his/her successor is appointed and qualified. Any vacancy shall be filled by appointment for the unexpired term. (LMC 2.84.010) b. Control and manage all things pertaining to the city cemetery. (LMC 2.84.020) c. The commission shall adopt rules and regulations for the control and management of the cemetery, which rules and regulations shall be established by resolution of the city council; and which may be changed or amended from time to time by resolution of the 47 3 city council as recommended by the commission and as the council may deem appropriate. (LMC 2.84.020) 3. INTERNMENT a. Hours of internment; Monday through Friday from 9:00 a.m. to 43:00 p.m., Saturdays from 9:00 a.m. to 12 p.m. at overtime rate. Graveside funerals will not be scheduled after 3:00 p.m. No Sunday or holiday burial unless for religious reasons. b. Outer burial containers required for adult and baby casket burials. No outer burial container is required for ashes. We do not handle vaults; this is handled by private companies. Our minimum outer container requirement is fiberglass. (1.) Outer burial container materials allowed: concrete, polyguard with base, or fiberglass with base. (2.) A vault will protect the casket and prevent a cave-in of the ground, if there is deterioration of the casket. c. The City of Laurel reserves the right to require a minimum of 48 hours notice for burials. d. No person other than City authorized personnel shall excavate a gravesite unless authorized by the Mayor or his designee. e. The City of Laurel would encourage funeral directors to limit the internment time at the graveside to one-half (½) hour to facilitate the caretaker’s work. f. A maximum of three burials are allowed in one plot. If there is a full burial, it must be first, and then two cremains are allowed on top. If there is no full burial, three cremains are allowed in one lot. In all cases, only one headstone and one foot stone per lot. g. The man is generally buried to the south, and the woman is buried to the north, but this is the preference of the individual. h. Bodies are placed in the grave with the head on the west end of grave. i. Typically cremains are buried at the head of the grave and at the foot of the grave, unless a family prefers a different arrangement. 4. HEADSTONES a. All headstones and footstones must be made of either granite, marble or bronze. No other materials are allowed. b. A maximum of two markers per lot, one headstone and one footstone. 48 4 c. The City does not install headstones or footstones and requires prior notification of the placement of these monuments by calling the PWD at (406) 628-4796. d. The City is not responsible for the repair or replacement of headstones, footstones, or monuments from damages due to theft or vandalism. e. Headstones are placed at the head of the grave and may be read from either the east or west, at the discretion of the individual. Generally they are placed, as when reading them, when standing behind the head of the grave in a walkway, looking at the grave in front of you. (1.) Where plots and lots have been previously started, the markers will be in accordance with the stones that have been previously placed. (2.) Markers for unopened sections will be decided upon at the time the section is opened for burials. (3.) Bevel style or flat markers are required in the following sections and all subsequent sections: Section B, Section G, Section H, Section J and Section O. (4.) Section B, Section J, and all new sections have rebar markers on both sides to identify the front alignment of each grave row. Contractors setting foundations for headstone and markers are required to use the alignment established to set, when placing all concrete work. The front edge of the stone must line up with the established alignment. Concrete foundations may project into the walkway by eight inches. f. Single Headstone (1.) Marker must be at least 24" long and no more than 30" long. (2.) Marker width shall be at least 12" and no more than 14" wide. (3.) Marker height for bevel style shall be at least 6" but no more than 8" in back, sloping to the front. g. Double Headstone (1.) Marker must be at least 42" long and no more than 68" long. (2.) Marker width shall be at least 12" and no more than 14" wide. (3.) Marker height for bevel style shall be at least 6" but no more than 8" in back, sloping to the front. h. Baby Headstone – Baby Section K (1.) Lot is 3' wide by 5' long. (2.) Marker must be at least 18" long and no more than 20" long. (The most common baby size is 10" x 20".) (3.) Marker width shall be at least 10” and no more than 14" wide. (4.) Foundation regulations are the same as for other stones with a minimum 8" collar of cement. 49 5 5. VETERAN’S SECTION - MARKERS / GRAVE INFORMATION a. The white upright marble veteran headstone is only allowed in the designated veteran sections, Section C and Section J. Veteran footstones, made of granite or bronze, are placed in other sections as a footstone. b. Foundations must follow regulations for single markers regarding length, width and depth of concrete. c. The cremains of the veteran’s spouse are allowed to be buried on the veteran’s grave after the veteran is buried (exception to this rule will be made if both the veteran and spouse are cremation internments. A Veteran headstone must be ordered and purchased for the spouse at the time of internment. At the time of the Veteran’s internment the spouses headstone will be replaced with a VA supplied headstone. d. The spouse’s name and dates of birth and death are allowed to be engraved on the back of the stone after their death, in uniform lettering with the front of the stone, at the family’s expense. No additional information is allowed. e. No additional graphics are allowed to be engraved on the upright white marble stone after placement. It voids the warranty and is considered vandalism by the military. f. Nothing is allowed to be tied or wired onto the headstone at any time. It will be removed and disposed of. g. No additional marker or footstone is allowed on the grave. 6. FOOT STONES a. Foot stones must be level with the ground and set in a proper foundation with the minimum 8" collar of cement. b. No floral vases allowed in foot stones. c. The marker must be at least 24" long and no more than 30" long (exception see e.) d. Marker width shall be at least 12" and no more than 14" wide (exception see e.) e. Where plots and lots have been previously started, the foot stones will be in accordance with the stones that have been previously placed in those sections 7. MONUMENTS a. No monument shall be erected on less than two joining lots, which should be of natural granite and not less than two and one-half feet in height. All existing monuments can remain. 8. TEMPORARY PLAQUES a. Some funeral homes put a temporary plaque in the dirt after the grave closing. This is not meant to be a permanent marker. 50 6 b. CITY’S POSITION: The City is not responsible for damage to temporary markers. The caretaker will not remove them for maintenance. In the course of regular cemetery maintenance (moving, aeration, etc.) it is possible that these markers could be damaged. These markers, in no way, are considered permanent markers and cannot be cemented into the ground. 9. FOUNDATIONS a. All foundations must be made of concrete. No stone foundations are allowed. All concrete work must be completed as fast as possible under the inspection of the caretaker and materials not used, must be removed as the work is completed. All foundations shall be as follows: (1.) 12" depth for all monuments, with an 8” collar extending all around. (2.) 6" depth for all headstones or markers, with an 8" collar extending all around. (3.) The concrete must extend the full width of the grave or whatever distance is required to connect it to an adjacent foundation. (4.) No monument, slab, coping, curbing, hedging or enclosure of any nature will be permitted in a single grave row. (5.) All concrete used must meet city specifications. (4000 PSI/6.5 bag) (6.) Substandard concrete work will be replaced at installer's expense, within an acceptable period of time. 10. FLORAL VASES a. Veteran Sections – Section C & Section J (1.) Floral PVC vases will be installed in the concrete foundation of the upright white marble stone when the stone is set. (2.) One vase per stone installed and centered on the left (north) side, nine inches (9) from edge of stone to center of vase. b. Remaining Sections of Cemetery (1.) No floral vases allowed in foot stones. (2.) Only removable flower pot holders will be allowed to be installed in the concrete foundation. These vases must be installed at the time the concrete foundation is poured. (If done afterwards, there is too great a risk that it will crack the foundation and would then require replacement of the foundation.) (3.) The only other option for the flower vase is to re-pour the entire concrete foundation and have the stone reset. (4.) Vases must be placed on the north/south ends of the stone, even when using just one vase. 51 7 11. FLORAL POLICY - The rule of thumb is: “If it is not a flower, don’t leave it.” a. Flowers (1). The gravesite is allowed a maximum of two flower containers for floral arrangements. The cost of the floral containers shall be paid by the family and/or the estate of the deceased. (2). Flowers are allowed at any time for placement on gravesites in the floral containers. Flowers will be removed from gravesites when they become unsightly. Only fresh cut flowers, artificial flowers and plants, which can be inserted into the on-site floral containers, shall be allowed. b. No plantings of any type are permitted on cemetery grounds or on grave sites, other than those included in the landscape design of the cemetery. No potted plants, wreaths, flags, shepherd hooks, emblems, or other forms of decorative articles are permitted on grave sites, unless specifically authorized during defined holidays. c. Grave blankets of any size are not permitted. d. Christmas decorations and wreaths (18” in diameter or smaller) shall be permitted on graves beginning December 15th and shall be removed by cemetery personnel no earlier than January 15th. e. Wreaths and/or floral arrangements are permitted the week before and week after Memorial Day. Cemetery personnel will remove them the Monday following Memorial Day. To honor the veterans, wreaths and arrangements are also allowed in Veteran Sections C & J for the Veteran’s Day holiday. Cleanup of this section will be the Monday following Veteran’s Day. f. Flags may be placed on each veteran’s grave in Veteran Sections C and J by veterans’ organizations, only for the Memorial Day observance and will be removed at the end of the week. Any flag found on a grave other than the Memorial Day observance will be removed. g. Unacceptable items are: statues, vigil lights, permanent plantings, any glass object, commemorative items, memorabilia, pinwheels, balloons, any political affiliated items or signs, shepherd hooks and any grave decoration over 18 inches. The cemetery does not permit adornments which are considered offensive, inconsistent with the dignity of the cemetery or considered hazardous to cemetery personnel; examples are beads, wires, twine and string which may become entangled in mowers or other equipment and cause injuries. 12. TREES, SHRUBS & GRASS 52 8 a. The cutting, breaking of, or injury to the trees, shrubs, grass or other plantings on the cemetery grounds are not permitted. b. Donations may be made for purchase of trees, but may only be planted in designated areas under the direction of the Public Works Department. The Tree Board and PWD determine the type of trees that will be planted. 13. GENERAL INFORMATION: a. Regular graves .............................................................................. 4' x 10' "Walk-way" graves in old sections ……………………………… 6' x 10' Baby graves in designated "baby sections"…………………….... 3' x 5’ Walkways between rows of graves (North/South) ……………… 6' Cremation sections ........................................................................ 4' x 5' b. A full grave is dug 4'x 8', starting at the foot of the grave. The remaining two feet at the head of the grave is left undisturbed for headstone placement. c. In the case of stillborn infants under 20 weeks gestation and no death certificate, the following rules apply: (1.) The city requires a minimum of a fiberglass box, minimum size of 10"xl0"x 6" and a maximum size of 12" x12"x12". (2.) Verification from a doctor of stillborn infant. (3.). No activity will take place without the city's knowledge. CONTACT INFORMATION: City of Laurel 115 W. First Street PO Box 10 Laurel, MT 59044 City Hall hours: Monday – Friday 8:00 a.m. to 5:00 p.m. City Clerk’s Office - (406) 628-7431 Public Works Department – (406) 628-4796 For information and to schedule a burial, call the City Clerk’s office. 53 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. DATES TO REMEMBER Item Attachment Documents: 12. Review Draft Council Agenda for March 10, 2020. 54 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, MARCH 10, 2020 6:30 PM CITY 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 time s 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 agenda 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 welco mes 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 February 25, 2020. Correspondence Council Disclosure of Ex Parte Communications Public Hearing 2. Granting A Variance From The City’s Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And Building Design Standards On A Parcel Of Property Located On East Railroad Street. 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. 3. Claims for the month of February 2020. 4. Approval of Payroll Register for PPE 2/23/2020 totaling $196,091.12. 5. Approval of Workshop Minutes of February 4, 2020. 6. Approval of Council Workshop Minutes of February 18, 2020. Ceremonial Calendar Reports of Boards and Commissions 7. Budget/Finance Committee minutes of February 25, 2020. Public Works Committee minutes of February 19, 2020. Park Board minutes of February 6, 2020. 55 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 8. Appointment of Makayla Kostelecky to the Laurel Volunteer Fire Department 9. Declare Vacancy on Emergency Services Committee 10. Motion to approve Council Member Sparks to be absent from the City of Laurel for more than ten days (LMC 2.12.060) 11. Motion to approve Council Member Stokes to be absent from the City of Laurel for more than ten days (LMC 2.12.060) 12. Motion to approve Council Member McGee to be absent from the City of Laurel for more than ten days (LMC 2.12.060) 13. Resolution - A Resolution Of The City Council Adopting The laurel Transportation System Coordination Plan. 14. Resolution - A Resolution Of The City Council Granting A Variance From The City’s Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And Building Design Standards On A Parcel Of Property Located On East Railroad Street. (Public Hearing March 10th) 15. Resolution - Resolution Awarding Knife River The Contract For The City Of Laurel’s East Downtown Infrastructure Improvements Project And To Authorize The Mayor To Sign All Required Contract And Related Documents On The City’s Behalf. 16. Resolution - A Resolution Of The City Council Amending Policies And Procedures For The Laurel Cemetery. 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 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. DATES TO REMEMBER 56