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HomeMy WebLinkAboutCity/County Planning Board Minutes 08.10.1989 LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL, MONTANA 89044 August 10, 1989 The Laurel-Yellowstone City-County Planning Board meeting of August 10, 1989 came to order at 7:15 p.m. with the following members present: Chuck Dickerson, City Rep. Donna Kilpatrick, City Rep. Clarence Foos, Co. Rep. Joe Bradley, City Rep. Don Gudgell, Co. Rep. John Smith, Chairman Gerald Shay, Co. Rep. Russell Bray, Co. Rep. Grace Edwards, Co. Rep. • Members absent: Darrell Aaby, City Rep. Roy Johnson, Co. Rep. Others present: Clay and Mary Jo Devener, 1006 Betty Ave., Laurel Cheryll Lund, Secretary Cal Cumin, Cumin Associates Jim Worthington, Cashell Engineers Motion by Joe Bradley, seconded by Chuck Dickerson to approve the minutes of the July, 1989 meeting. Motion carried. Motion By Chuck Dickerson, seconded by Donna Kilpatrick to approve the Administrative Services bill for $200. Motion carried. Jerold Cantrell- Public Hearinq - De-annexation request. Mr. Cantrell has requested de-annexation of 18 of his 22 acres located in Cherry Hills subdivision. Jim Worthington, Cashell Engineers, is at the meeting representing Mr. Cantrell. Mr. Cantrell requested de-annexation in December of 1987 and the request was denied due to protesting neighbors. The new request is different to try to facilitate the neighbors. Mr. Cantrell proposes to put a 1 lot buffer between his property and the neighbors property. This way the cattle that he proposes to run will not directly affect the neighbors. The one lot buffer would consist of 16 lots that Mr. Cantrell is proposing to give to the City for whatever purpose they see fit. Jim Flisrand, City Engineer, spoke on behalf of the City. He feels that the easement that Mr. Cantrell has proposed of 30 feet is not sufficient. This would leave 2 lots without access from the street. Because of this Jim feels that we probably could not get fair market value for the property should they decide to sell it. There will r?. some work involved in gettinu the property ready for sale . The land has several spots tha`. u,-ill n.? c7,d to be filled and leveled. They could try to sel. is" but Jim feels that they couldn't get fair market value out of them as they are. Cal Cumin recommends approval of the proposal, but he does feel that the street going up Betty Avenue to Cherry Hills Dr. up to 12th Street needs to be left intact. Also everything East of that street, all the platted lots including the narrow little cul-de-sac. Lots 1-10 and everything West of there could be put into one lot. But the integrity of the street passage should be left as platted. The de-annexation line should be on the west side of Cherry Hills Dr. so that the City has the full right of way all the way through. Cal also recommends that the City not get into the property management system by selling lots given to them. Question is raised as to Mr. Cantrell's reasons for doing this. Mr. Worthington states that Mr. Cantrell doesn't want this land and doesn't want to have to pay taxes on it. Cal feels that if the City were to accept the property and sell off the lots they wouldn't make any money because of the time and money it would take to make the lots sellable. He also feels that this would be a major maintenance problem and that the City shouldn't accept these lots. The taxes on this property are deliquent, possibly back to 1987. The property could possibly be taken back to the county within 1? years if they are not paid in full. Question is raised on the liability of the City should they end up owning the lots. Joe states that this could be a problem, that the City would be responsible for maintaining the property as far as safety goes. Mary Jo Devener, 1006 Betty Avenue, is present to ask some questions on this issue. She wonders whether or not the city is going to be able to keep the weeds cut. Joe states that the City would have to keep the weeds cut. Mary Jo is also questioning where Cantrell would be placing his fence if all of this is approved. Joe states that it would be 60 feet from the property line of the lots being used as "buffer" zones. Mary Jo is also questioning the zone. Could Cantrell run a cattle yard? Cal feels that this would be a state issue. The state has rules and regulations governing cattle yards, and they would be responsible for enforcing those rules. E 11 .• 14 w t 0 City-County Planning Board meeting of August 10, 1989 A question to Mary Jo as to how her neighbor, Bob Diede feels about this proposal. She states that he doesn't want it to happen yet on the other hand he would be interested in buying a lot right behind his house. Cheryll Lund, 1030 Ann's Place, states that she would not be opposed to Cantrell's proposal as long as the City can keep the weeds cut. Chuck Dickerson is wondering whether the de-annexation can take place while Cantrell's taxes are deliquent. Joe states that before the property can be de-annexed the taxes must be current. Mr. Cantrell is aware of that. Motion by Donna Kilpatrick, seconded by Chuck Dickerson, to close the public hearing. Motion carried. Motion by Joe Bradley to recommend approval of the application as submitted subject to Cal's recommendations that the final plat include all of the streets, the whole 60 feet, and his other recommendations that the utility companies sign off the plat, and . that those lots 16 and 21 be included in the area to stay in the City limits, seconded by Chuck Dickerson. Question is raised by Cal as to whether we could force Mr. Cantrell to pay his deliquent taxes on the lots he proposes to give to the City. Joe states that he doesn't think we can do that. Discussion on weed removal. Question is called for. "Yes" votes- 7, "No" votes- 2. Motion carried. Motion by Joe Bradley that we urge the City Council to consider requiring Cantrell to pay all the deliquent taxes on the lots he proposes to give to the City, seconded by Donna Kilpatrick. "Yes" votes - 7, "No" votes- 2. Motion carried. Discussion on the trailer parked next to the Cable office. There has been a complaint made to him by the Cable office. Joe has sent a letter to the owner of the trailer and has been in contact with the Owner's lawyer also. Motion by Grace Edwards, seconded by Gerald Shay, to adjourn the meeting. Motion carried. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Cheryll Lund, Secretary