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HomeMy WebLinkAboutCity Council Minutes 10.27.2020 (2) AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, OCTOBER 27, 2020 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R20-74 NEXT ORD. NO. O20-04 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will attend the Laurel City Council meetings often . Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of October 13, 2020. Correspondence Council Disclosure of Ex Parte Communications Ceremonial Calendar Consent Items NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 2. Claims entered through 10/23/2020. 3. Approval of Payroll register for PPE 9/18/2020 totaling $913.64. 4. Approval of Payroll Register for PPE 9/20/2020 totaling $184,819.75. 5. Approval of Payroll Register for PPE 10/4/2020 totaling $193,399.51. 6. Approval of Payroll Register for Union 316 Retro Pay totaling $7,626.14. 7. Approval of Payroll Register for PPE 10/18/2020 totaling $191,064.85. Public Hearing Reports of Boards and Commissions 8. Budget/Finance Committee Minutes of October 13, 2020. Public Works Committee Minutes of September 21, 2020. City/County Planning Board Minutes of September 16, 2020. Laurel Urban Renewal Agency Minutes of October 19, 2020. 1 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 9. Resolution No. R20-74: A Resolution Granting Montana-Dakota Utilities Company A Franchise Agreement With The City Of Laurel 10. Resolution No. R20-75: A Resolution Requesting Distribution of Bridge and Road Safety and Accountability Program Funds. 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 2 File Attachments for Item: Approval of Minutes of October 13, 2020. 3 4 5 6 File Attachments for Item: 8. Budget/Finance Committee Minutes of October 13, 2020. Public Works Committee Minutes of September 21, 2020. City/County Planning Board Minutes of September 16, 2020. Laurel Urban Renewal Agency Minutes of October 19, 2020. 7 8 9 10 11 12 13 MINUTES CITY OF LAUREL LAUREL URBAN RENEWAL AGENCY MONDAY, OCTOBER 19, 2020 11:00 AM LAUREL CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call No Quorum. No Meeting was held. Announcements 2. Next Meeting: November 16, 2020 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 14 AGENDA CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, SEPTEMBER 16, 2020 5:35 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call Chair called the meeting to order at 5:35PM Evan Bruce Roger Geise Dan Koch Ron Benner Gavin Williams Judy Goldsby Nick Altonaga (City of Laurel) General Items 2. Approve Meeting Minutes: August 19, 2020 Ron Motioned to Approve the Minutes from August 19, 2020 as written. Evan Seconded. Motion Carried. 3. Public Hearing: Review and Comments on Laurel High School Sign Replacement Planning Director Altonaga provided an overview of the Laurel High School Sign and the required public process. Wayne Fjare, Facilities Director of Laurel Public Schools was in attendance. He provided details on the sign that they plan to install. The sign will be an electronic reader board, and will be 20 inches higher off the ground, and a much higher resolution. The current sign is not working, so this will be a full replacement. Ron asked if this will be a video sign? Wayne answered that yes it will be able to do full video. The Chair and other members want the School District to know that this is outside of the zoning parameters. It would not look good to allow signs like this. 15 Members reported that it might not look good when the district has developments like this. It might not look good when we allow the School District to install this type of sign versus private businesses being denied for these types of signs. Gavin spoke for the sign. He reported that he is a Laurel High School graduate and is happy to see something presenting information about the school. There are a lot other issues distracting people than animated signs for the High School. Sign could boost community relations and help with making the school district more a part of the community. Ron disagreed with it not being a distraction, stating that it might cause issues with more distraction, especially with kids and students crossing during the day. Judy: There are some allowable uses for the sign, including 30 second repeats. We can work with the sign maker to come up with a middle ground. Wayne stated that they do not want to create a hazard or an issue for the community. I will bring these concerns back to the School Board. Nick will send along a set of baseline rules for the sign to pass along to the Board. Roger: Would just like some more parameters, Board meetings, sporting events, upcoming events, Games, etc. There were no proponents or opponents present at the hearing. The Chair closed the Public Hearing. New Business 4. Growth Management Policy - Chapter Review Nick presented the Growth Policy for review. Nick reported that it has not changed much since the last review, but all chapters have been prepared. Board members reviewed the plan and discussed a number of items. Is there any update from MDT on road development off the new Interchange? It would impact Laurel if there are plans for more road network connections such as Buffalo Trail or towards the south. Nick reported that there is nothing major that he is aware of. Roger asked if there is any interest in companies developing by the new interchange? Nick reported that no one has contacted him and is unaware of any other city departments hearing anything about development near there. Ron: Chapter 10: Local routes and maintenance section: Add verbiage for adding roads, COMPLETING roads, improving roads. (Many roads are not full width and are lacking curbs and gutters). Have a goal of future development 16 Gavin: Page 29: Chapter 4 – Student/Teacher ratio – Exactly the same as the United States? Please double check this. Try to find a better data source for this? Ron: Should there be a disclaimer for the facts and figures? Possibly a bibliography? Should state the data sources? Nick stated that he will see if that is the normal way things or done, or if it will be necessary, with only a few separate sources of information. Nick asked the board members to please review the document and get back to him with any comments or concerns. He then discussed the updated schedule for review and approval of the Growth Management Policy. Old Business Other Items 5. Upcoming Items Nick provided a summary of some projects that will be coming up in the next few months. These included The review and approval of the Growth Policy, the proposed Goldberg Sporting Estates which is under review by the Planning Department, and a Conditional Land Use Permit for 1009 East 6th Street. Ron: Can Kurt be present at the meeting to discuss the Water and Sewer system for the upcoming subdivision? Roger: Have you addressed any of the issues with Regal Land Development? • Karen and the Planning Director are working on these issues. • City Council has also discussed their concerns at length. Ron: Many people have built their fences directly on the property line to the Soccer fields. Have you addressed the issue with fence setbacks or difficulty for players to retrieve balls? • Planning has not been aware of this issue but can look into the issue. Roger: Any movement on the Downtown District development or planning? Nick reported that he would like to put together a downtown revitalization plan after the Growth Policy is completed, possibly next spring or summer. Members generally discussed downtown development and possible projects to help the district. • Different projects taking place • Possible projects that could improve the area • Nick mentioned the numerous vacant lots that could be used for infill development. Judy discussed the recent session with outside Rural development specialists with Laurel Revitalization League to help with Laurel. 17 Ron: We need to see ourselves like the Heights, slow steady, consistent development to not have everyone just go to Billings for services. Members discussed options for downtown and outside funding supports and parcels available for development or redevelopment. We could position ourselves as a regional hub for the nearby rural communities. Announcements 6. Next Meeting: October 21, 2020 Ron Motioned to Adjourn. Roger Seconded. Motion Carried. Meeting Adjourned at 6:44PM. 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. 18 File Attachments for Item: 9. Resolution No. R20-74: A Resolution Granting Montana-Dakota Utilities Company A Franchise Agreement With The City Of Laurel 19 R20-74 MDU Franchise Agreement RESOLUTION NO. R20-74 A RESOLUTION GRANTING MONTANA-DAKOTA UTILITIES COMPANY A FRANCHISE AGREEMENT WITH THE CITY OF LAUREL WHEREAS, the City of Laurel possesses self-governing powers including the general powers set forth in Title XI of the Montana Constitution, Title 7 of the Montana Code Annotated and Laurel City Ordinance O04-06 to require Franchises Agreements with applicants prior to them performing activities in, on, under or above a public right-of-way within the City of Laurel; and WHEREAS, Montana Dakota Utilities Co. has applied for a fifteen (15) year Franchise Agreement pursuant to Laurel City Ordinance O04-06; and WHEREAS, Montana Dakota Utilities Co.’s application is in compliance with Ordinance O04-06, and it is in the best interests of the City to grant the Franchise Agreement, attached hereto, to Montana Dakota Utilities Co. for a term of fifteen (15) years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that Montana-Dakota Utilities, Co., Franchise Agreement, attached hereto, is hereby approved and affirmed under the authority of Laurel City Ordinance O04-06. BE IT FURTHER RESOLVED, this resolution is approved retroactive to September 6, 2020. Introduced at a regular meeting of the City Council on October 27, 2020, by Council Member _______________. PASSED and APPROVED by the City Council of the City of Laurel this 27 th day of October 2020. APPROVED by the Mayor this 27th day of October 2020. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 20 FRANCHISE AGREEMENT AN AGREEMENT BETWEEN THE CITY OF LAUREL, MONTANA, A MUNICIPAL CORPORATION, AND MONTANA-DAKOTA UTILITIES CO., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE FRANCHISE AND RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE, WITHIN AND UPON, IN AND UNDER THE STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY OF LAUREL A GAS DISTRIBUTION SYSTEM FOR TRANSMITTING AND DISTRIBUTING VAPORIZED NATURAL GAS PRODUCTS AND/OR MANUFACTURED GAS FOR PUBLIC AND PRIVATE USE. BE IT AGREED BY THE CITY OF LAUREL AND MONTANA-DAKOTA UTILITIES CO. SECTION I. For the convenience, herein, said municipal corporation is designated and referred to as “Municipality” and Montana-Dakota Utilities Co. is designated and referred to as “Grantee.” Any reference to either includes their respective successors and assigns. SECTION II. There is hereby granted to Grantee, subject to the limitations herein stated, the right and franchise to occupy and use the streets, alleys and public grounds of the Municipality as now, or hereafter constitut ed, for the purpose of constructing, maintaining, and operating, within, upon, in and under the same, a gas distribution system for transmitting and distributing vaporized natural gas products and/or manufactured gas for public and private use. SECTION III. Grantee shall maintain an efficient distribution system for furnishing vaporized natural gas products and/or manufactured gas for public and private use at such reasonable rates as may be approved by the Public Service Commission of the state wherei n said Municipality is located and under such orders, rules or regulations as may be issued by a federal or state agency having jurisdiction thereof. SECTION IV. This franchise shall not be exclusive and shall not be construed to prevent the Municipality from granting to any other party the right to use the streets, alleys, and public grounds of the Municipality for like purposes. SECTION V. The Municipality reserves any right it may have, under its police power, or otherwise, to control or regulate the use of said streets, alleys, and public grounds by Grantee. SECTION VI. Grantee shall indemnify and save and hold the Municipality harmless from any loss or damage due to the construction, installation, and maintenance of its distribution system, and its use of the streets, alleys, and public grounds of the Municipality. 21 SECTION VII. Grantee shall repair all damages to any Municipal property, street, alley or public grounds caused as a result of Grantee’s construction, installation or maintenance of its gas distribution system. SECTION VIII. Grantee shall perform and pay for any construction required for the operation of its system. Any construction shall conform to the Standards for Public Works Improvements and the Rules and Regulations Governing Utility Services and Streets for the Municipality to the extent the Municipality’s standards, rules and regulations do not conflict with any applicable federal or state laws as well as any Montana Public Service commission regulations. All work is subject to the approval and review of the Municipality’s Public Works Director. SECTION IX. Grantee shall have the right to assign this franchise to any party, or corporation, but all obligations of Grantee hereunder shall be binding upon its successors and assigns. SECTION X. Municipality reserves the right to revoke this Agreement pursuant to a violation of Laurel Municipal Ordinance No. O04-06, and enforce penalties provided therein. SECTION XI. This Franchise Agreement shall continue and remain in full force and effect for a period of fifteen (15) years from the date upon which this Agreement is adopted by the Municipality. MUNICIPALITY: Adopted the day of , 20____. CITY OF LAUREL Mayor ATTEST: City Clerk GRANTEE: Montana-Dakota Utilities Co. By:______________________________________ Eric P. Martuscelli Vice President – Field Operations Title 22 ACCEPTANCE OF FRANCHISE Montana-Dakota Utilities Co., a corporation, hereby accepts the terms and conditions of that certain Franchise Agreement approved by the governing body of the City of Laurel, Yellowstone County, Montana, the same being an agreement granting to Montana-Dakota Utilities Co., its successors and assigns, a franchise to construct, maintain and operate, within and upon, in and under the streets, alleys and public grounds of said City of Laurel, Yellowstone County, Montana, a gas distribution system for transmitting and distributing vaporized natural gas products and/or manufactured gas for public and private use, and defining the extent and conditions of such rights and privileges, which agreement was duly and finally passed, adopted and approved by the governing body of the City of Laurel on the __________ day of , 20___. Dated this _________ day of ______________, 20___. Montana-Dakota Utilities Co. By Eric P. Martuscelli Vice President – Field Operations * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I, the undersigned, the duly elected, qualified and acting Auditor of the City of Laurel, State of Montana, do hereby certify that I received the within Acceptance of Franchise on this __________ day of ____________, 20___, and on said date duly filed the same in my office. City Clerk (SEAL) 23 File Attachments for Item: 10. Resolution No. R20-75: A Resolution Requesting Distribution of Bridge and Road Safety and Accountability Program Funds. 24 R20-75 Distribute FY 2020 Gas Tax Funds RESOLUTION NO. R20-75 A RESOLUTION REQUESTING DISTRIBUTION OF BRIDGE AND ROAD SAFETY AND ACCOUNTABILITY PROGRAM FUNDS WHEREAS, the Bridge and Road Safety and Accountability Account requires the Montana Department of Transportation to allocate accrued funds to cities, towns, counties, and consolidated city-county governments for construction, reconstruction, maintenance, and repair of rural roads, city or town streets and alleys, bridges, or roads and streets that the city, town, county, or consolidated city-county government has the responsibility to maintain; and, WHEREAS, a city, town, county, or consolidated city-county government that requests funds under the Bridge and Road Safety and Accountability Account must match each $20 requested with $1 of local government matching funds; and, WHEREAS, a city, town, county, or consolidated city-county government requesting distribution of allocated funds may make such a request to the Department of Transportation between March 1 and November 1 of the year the funds were allocated; and, WHEREAS, the project to be funded is a Citywide Street Improvement Project; and, WHEREAS, the local match for the allocated funds has been budgeted from Fund 2500 Street Maintenance Fund. THEREFORE, NOW BE IT RESOLVED THAT: 1. The City of Laurel requests distribution of its share of the allocated Bridge and Road Safety and Accountability funds to be used for the projects identified herein. 2. That the Council hereby empowers and authorizes the Mayor or other staff to execute such further documents as may be necessary to facilitate the distribution of said funds. Introduced at a regular meeting of the City Council on October 27, 2020, by Council Member _______________. PASSED and APPROVED by the City Council of the City of Laurel this 27th day of October 2020. APPROVED by the Mayor this 27th day of October 2020. ___________________________________ Mayor Thomas C. Nelson ATTEST: _______________________________ Bethany Langve Clerk/Treasurer 25 R20-75 Distribute FY 2020 Gas Tax Funds Approved as to form: _______________________________ Sam S. Painter, Civil City Attorney 26 27