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HomeMy WebLinkAboutCity/County Planning Board Minutes 09.10.1987 0 LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL, MONTANA 69044 September 10, 1987 Meeting of the Laurel-Yellowstone City-County Planning Board called to order September 10, 1987 at 7:00 P.M. with the following members present: Velda Thomas City Rep. Roy Johnson County Rep. Donald Gudgell County Rep. Russell Bray County Rep. Bob Rosselot County Rep. Donna Kilpatrick City Rep. Joe Bradley City Rep. Chairman pro tem ?I Arriving Late: Grace Edwards County Rep. Darrell Aaby City Rep. MEMBERS ABSENT: *John H. Smith President Gerald Shay, Member-at-Large, Exec. Secty OTHERS PRESENT: Larry Herman, Representing Jerold Cantrell Cal Cumin, Cumin Associates, Billings Jerold Cantrell, Golf Course Road - Laurel Mr. Thompson of Kindercloset, Laurel, MT Bob Robertson, Greyhound District Manager Billings, MT Don Woerner, 1310 Allendale Road, Laurel, MT Bills to approve: Public Works Department in the amount of $200 for Administrative Services. Not submitted, will be submitted when its decided who will make up the Purchase Order. Cal Cumin submitted agenda listing in detail his activities for the months of July, August, and September along with a bill in the amount of $3,375.00 for his services. Request to exclude certain lands from the City Limits: Jerold Cantrell being represented by Larry Herman. Larry Herman, explains the accurate area that was being developed by Mace Realty which was sold on contract by Mr. & Mrs Cantrell to Mace Realty and which has subsequently came back to the.Cantrell's possession for various reasons. Larry states the petition is actually is a request to withdraw the land that has come back to Mr. Cantrell from the city and to abandon the streets therein. He points out the streets therein; there is no objection on the councils part to completely abandon the lot lines also, so the petition should be amended to reflect that. It would make it easier so that later on if it was ever redeveloped, the city would have proper control over the area. The property has been re-classified by the County as agricultural, so as a tax base the city would no longer be getting this residential lot regardless, because it has basically been used as agricultural. That part that has not been developed. It would probably be in the best interest of the city as the city does have dedicated streets and areas, to have it pulled out of the city so as to not worry about City Services to the area. Planning Board meeting, Sept. 10, 1987 Page 2 Exhibit "A", which is the Cherry Hills Subdivision - this shows after excluded from the city, what the new city limit boundaries would be. The line starts down between Lots 10 & 11 of Block 13, crosses the street and goes up to 12th Street and straight up. Now as far as the streets, the street coming off of 12th could not be abandoned completely, so the streets just above 12th would be abandoned, so there is no request to abandoned the Northern part of 12th. It could be in the City or County. No city services are beyond the last house on Maryland Lane and there are no utilities stubbed in to their knowledge. Jerold Cantrell, states that just for the record that in the future if the city wants to extend Maryland Lane he more than willing to give his portion of the land. Joe Bradley, asked Larry for conformation on his understanding on the taxes that it would be designated agricultural whether in the city or out of the city. Larry Herman, states yes. There are other assessments such as snow removal and doesn't think the city wants to go out and remove snow on vacant land. There are no SID's, garbage or lighting assessments know of and any assessment could be a general assess- ment. However, and the city could affect that land and being vacant could be a tax burden on agricultural use. Right now there is a City General Assessment. Roy-Johnson, inquired as to if any of the land would remain sub- divided? Larry Herman, explains all lots would be vacated and rejoin the rural district and the city would get tax back from the rural quality distribution. Ray Johnson, asks if theres going to be an occasional sale out there to build a house on. States he hates to see what happened to Billings Heights happen here. Cal Cumin, states those lots are going to disappear. Larry Herman, reaffirms that a major subdivision would have to come back to the City County Planning Board for approval and it would have to be resurveyed. Also, for an occasional sale it would be exempt but it would also have to be entirely a different survey and if they want sewer and water service they'd have to file a waiver with the city for annexation and it would not be one of these lots. Cal Cumin, asked about fencing. Jerold Cantrell, states if he can get this out of the city he would like to put in a good railroad steel fence. Joe Bradley, asks if there is any intention to try & sell these ?• lots by yourself and you are the sole owner? Jerold Cantrell, No-No intentions whatsoever- he wants out of the subdivision business. PAGE 3 Larry Herman, states he has no problem in vacating the streets and lots. Joe Bradley, where do you live Mr. Cantrell? Jerold Cantrell, Just right straight down 12th Street, well on Golf Course Road 1123 Golf Course Road. Joe Bradley, you don't happen to know just what we're talking about on the snow removal assessment, just what kind of burden are we talking about? Larry Herman, $15 to $20 per lot. Jerold Cantrell, thats what they roughly told me and that would be quite a burden on me , believe me. Larry Herman, if not for being agricultural entity it would be around $800 to $1300. Joe Bradley, What kind of taxes are for agricultural? Jerold Cantrell, we got it back to agricultural irrigated and they said it would run about $50.00 per acre. Larry Herman, another factor I don't think the city wants agricultural land in the city limets. • Joe Bradley, mentions that can be quite a problem as the city has ordinances on barbed wire fences and cattle. Larry Herman, states it is a problem and if left as is they'd have to come back and get zone variances to do what it's even zoned for. Donald Gudgell, there was an assistance development fee on that land. Joe Bradley, yes as someone buys a lot and wants to hookup then they pay that fee - but the lots would be vacated. Larry Herman, if re-developed & resurveyed & sold as lots then you'd get your fee. Donald Gud ell, I brought that up cause apparently Carl mace had some concerns about that. Larry Herman, I don't see any problem with that cause your going back to vacant land. Joe Bradley, I don't see the people who have been at several meetings in a row now, protesting this but how do you answer their concerns that bought a lot in the middle of the city and now their going to be on the edge with cows grazing and what amounts to their backyards. Larry Hermann, basically that's what it is now in agricultural. It • is designated agricultural so they got it. Joe Bradley, do you think the city is going to be served with a suit by these people if we vacate this. Page 4 Jerold Cantrell, I certainly don't think so, one of the neighbors bought some land and he feeds the cows his clippings from his lawn. Roy Johnson, how about dirt bikes and kid harrassing your livestock? erold Cantrell, if I put the fence up they can't do anything. Larry Herman, you even have a worse problem if in the city you have liabilities for lack of enforcement by the Police Department or even worse when called for enforcement so I think you want to eliminate some of your problems, police, fire, as long as in the city. Roy Johnson, you say MDU & MPC don't have any lines to consider. Jerold Cantrell, they have a couple of boxes, but their not protesting it. Joe Bradle , has concerns about city water and sewer, someone could buy a lot and tap into it. Jerold Cantrell, Around by the one cul-de-sac and nothing above block 11 is stubbed in. Stubs in around Betty Ave but will check with Ernie Davis to be sure. Roy Johnson, there are no other owners? 4P Larry Herman, no strictly one owner. Donna Kilpatrick, any valid protesters? Joe Bradley, Bob Diede and one other one had protests in regards to the fences and cattle. Larry Herman, states he'd rather have field behind him as development. Joe Bradley, Well I wonder, what about if the city were to propose like leaving a strip of lots there. Like giving back about half of want you wanted so that the people on the edge of this line would have some, have like one lot on the edge there. Jerold Cantrell, thought of this but whose going to take care of that strip of one half of one lot. Joe Bradley, we'd look to you. Larry Herman, Look at Murry Heights, letters go out to cut your weeds. If you leave a bumper strip you's have nuisance problems with weeds and if left agricultural you wouldn't have that problem, if left in the city. County doesn't want it either. Larry Herman, you know as well as I do within 20 years or less some body may want to buy it from Jerry. I'm not saying he's planning on selling but you'd have some control on how its built from that point on out. If its in the subdivision fashion. I don't believe your looking at anti-connivers going to be remaining outside the county or within the county outside the city. I think at some point their going to want to redevelop and you can have your rules set and take Page 5 a look at it the second time and say we went through mistake the first time on this subdivison so lets eliminate some of them this time. And of course the city never makes any mistakes. Jerry Cantrell, states he plans on building a good 5 wire fence around there and no one would be hurt and it would be cattle tight. Larry Herman, another problem is at least.you had a subdivision improvement agreement with Bob Mace. Jerry doesn't plan to develop it but he can sell one or 2 lots and eventually someones going to have to pay for the development of these lots. Cal Cumin, when is the fence going in? Jerry Cantrell, will get Arlund Lund out there and to redefine the lines. He's tried to find them himself and can't. Roy Johnson, can Arlund survey his own work. _Larry Herman, not surveying his own work just putting pegs in for where the lines are. Jerold Cantrell, I hope not over 30 days. Joe Bradley, are there in any opponents? Cal Cumin, who lives out there? Larry Herman, County not City. Joe Bradley, how far does 12th street go. Larry Herman, to the ditch from lot 7 North up to 12th that all built up. Roy Johnson, that line going south must tie into east/west fence line behind either Frickles or neighbors. Larry Herman, we have a list in the file of all property owners. Dee, state she doesn't have it, will check file. Returns stating that it was for Betty Winkle instead of Cantrell's. Joe Bradley, no opponents here. Don Gud ell, would like to make Board to vacate the property fu employs a certified surveyor to not in line and that the corner because of the jagged line here cannot be moved. a motion from the City-County Planning rther request from Mr. Cantrell that he establish the property lines that are post be placed immediately on corners and time clearly taken so that the posts Bob Rosselot, could you include in your motion also, to vacate the lots. 0 Donald Gud ell, motion to include vacating lots. L Joe Bradley, can I suggest subject to conformation that no city utility services are past this line. Motion by Don Gudgell, seonded by Bob Rosselot. Page 6 DISCUSSION: Don Gudgell would like to explain why he wants to set the corner posts. He got hassled on when he bought his property by the airport. Sanderson, Stewart and Gaston surveyed his and people finding the ground came along and moved all the posts so when they got where they were set there were mistakes. So to protect those property owners who have property adjoining the fence lines he wants posts sets and placced on the corners immediatelly. Joe Bradley, asked if Cal had any recommedations. Cal Cumin, has some conditions for approval that he recommends. Number 1 is that the utility companies have a chance to review this proposal because he knows there is some power blocks sitting out there and feels they should be aware of this. Cal also feel as a part of the vacating of the subdivision, the subdivider should provide for an amendment to Cherry Hill Subdivision 2nd filing, showing the amend- ment which would show all the lots and area marked out thats being vacated. Darrell Aab , how are we going to vacate 12th Street. Larry Herman, its not going to be vacated, it goes to the house across the ditch. Joe Bradley, we won't vacate it but the question is do we leave it all in the city and the other side of the question is do we force it on the county, that portion of the street. Grace Edwards, No. Cal Cumin, I think you just want to leave 12th alone- you have a park on the other side there. Joe Bradley, any other conditions? OK we have motion on the floor which we'll have to amend. Motion to amend on the condition Cal mentioned. Number 1, notify utility companies for their input before council decides. Number 2, leave all of 12th street unvacated in the city. Number 3, surveyor would actually amend the plat to have one big plat for this excluded portion. Motion by Bob Rosselot to amend, seconded by Don Gudgell. Motion carried 8--0. Recommendation to the City Council that they contact the utility companies first before reaching a decision. HOME OCCUPATION: Don Keefe of 2117 Atchison, Laurel present. Wants a city license to receive telephone calls for jobs on removing stumps. He works with Marc Tree Service and they share equipment, so therefore he has no need to have equipment parked around his home. Marc Tree ` Service is in the same subdivision but their located on Lackawanna. e• Joe Bradle , states no signs, no receiving mail or ordering by mail and no customers coming to your home. Cal Cumin, notices alot of wood around house. Not going to be selling it are you. Page 7 Mr. Keefe, no it is for my own personal use. • Joe Bradley, subject to your representation tonight and the under standing of no customers, no signs, nobody coming to your home, and no garbage just receiving telephone calls your request will be approved by the City--County Planning Board. Motion by Bob Rosselot to grant license, seconded by Donna Kilpatrick. Motion carried 8--0. Bus Depot Joe Bradley, stated the City Council asked the Planning Board to consider if there is any adverse impact to the city parking by having the bus stop at the Kindercloset. The city has gotten a few (2 or 3) complaints from businessmen who mainly were worried about the parking situation that the bus might be interfering with on street parking. Keith Thompson, introduced Bob Robertson, District Manager out of the Billings office. Bob Robertson, stated there are 6 bus schedules and none of them stop longer than 2 minutes. As far as the express buses they don't stop at all. There is no reason for the bus to remain here if it arrives a little early. Joe Bradley, recommends that the portion of ordinance 10.04.020 be appealed. Forwarded to September 15, 1987 City council meeting. Motion by Grace Edward, seconded by Roy Johnson for approval. Don Gudgell opposed. Motion carried 7--1. LAUREL ZONING ORDINANCE Retail in Light Industrial - Russell Bray Russell Bray, submitted standard industrial clssification for various businesses. Cal Cumin, suggested that he return with a more specific classifcation that would cover his type of business. To define what he does andd wants to do. SHOTGUN WILLIES: Dr. Woerner of 1310 Allendale Road, Laurel reported to the City-County Planning Board his findings on Shotgun Willies. Submitted a letter he wrote to James C. McCauley of the State of Montana Water Quality Bureau, in Helena, Mt. There was no action taken in regard to this issue. Motion to adjourn by Donna Kilpatrick, seconded by Velda Thomas. Motion carried 8--0. 0 Meeting adjourned at 9:08 P.M. Respectfully submitted, Joe Bradley, Secty, Pro Tem