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HomeMy WebLinkAboutCity Council Minutes 09.03.1985Minutes of the City Council of Laurel September 3, 198~ A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Albert Ehrlick at 7:00 p.m., on September 3, 1985. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Marvin Carter Mel Krug Bill Brennan Donald Meyers Rob Harris Bob Gauthier COUNCIL MEMBERS ABSENT: Chuck Dickerson INVOCATION: Invocation given by Alderman Carter. MINUTES: Motion by Alderman Meyers to approve the minutes of the regular meeting of August 20th and special :meeting of August 22nd, 1985, as presented, seconded by Alderman Krug. Carried. CORRESPONDENCE: Received a memo from the Montana League of Cities and Towns regarding nominations for offices and resolutions for the annual convention. Received a notice from the U.S. Department of Labor regarding the Fair Labor Standards Act and the "Garcia" Decision made by the U.S. Supreme Court. Received a letter of resignation from J. D. Copenhaver from the City-County Planning Board. Received a petition with 25 signatures from property owners in Cherry Hills Subdivision against the zone change proposed by Mace Realty. CLAIMS: Claims for the month of August were reviewed by the Budget/Finance Committee. Motion by Alderman Gauthier to pay the claims for the month of August, Seconded by Alderman Meyers. Motion carried 7-0. JIM KAERCHER~ HKM - PROGRESS REPORT.ON WASTEWATER TREATMENT PLANT: Jim presented a written report on the progress of the wastewater treatment plant, its approximately 96% complete, about 5 months behind schedule. Jim brought the Council up to date on the Volk claim. There was some information that was incomplete. This claim didn't have any financial breakout or cost breakout in it. Some of the claims are something that happened a year and a half ago and this is the first we've heard about it. Our intent is to go back and gather all the letters and information, inspection reports, present it to the City and then you people review the claim. After you have had time to review it, then sit down with us and discuss the claim. There are items to be done at the plant but we haven't even gotten to the punch list yet. The total claim that Volk has turned in is for $337,000.00; $150,000.00 is for a blower. LOIS STAHLEY - BEER PERMIT~ ADDIE'S CAFE: Lois appeared before the Council to ask permission to have a beer permit on Saturday, September 7, 1985, for a barbeque for employees and customers. It's a $2.00 all you can eat barbeque. Lonnie Kellogg explained that any time you use alcohol to enhance any type of business, it requires a State license. Larry Herman stated if Addies had some community organization putting the barbeque on, then you could get a beer permit. Don Meyers Either that or give the food away. Motion by Alderman Meyers to grant Addies permission to have beer on Saturday (September 9, 1985) providing everything is free, seconded by Alderman Carter. Motion carried 6-1 with Alderman Krug voting, "NO." LAUREL LITTLE LEAGUE-MAJOR LEAGUE BASEBALL FIELD AT THOMPSON PARK: Bob Gauthier filled the Council in on what is proposed. The outfield is a lot of weeds and the Little League would like to turn it into grass. They also want to haul some dirt in on the infield. This was referred to the Park Committee. page 2 of Ordinance No. Minutes of the City Council of Laurel 816, seconded by Alderman Meyers. Motion carried 7-0. Motion by Alderman Gauthier to reconsider the George Figgins zone change, seconded by Alderman Meyers. Motion carried 7-0. ORDINANCE NO. 816 (first reading) DESIGNATING RMH ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Meyers that Ordinance No. 816 (first reading) be passed and adopted, seconded by Alderman Brennan. Upon taking a roll call vote, the following aldermen answered: Brennan YES Kellogg NO Krug YES Meyers YES Carter YES Gauthier YES Harris YES Motion carried 6-1. PUBLIC HEARING - MACE REALTY - ZONE CHANGE TO R6000: LOTS 1-3, BLOCK 14 and LOTS 5-13, BLOCK 13, CHERRY HILLS, SECOND FILING: This being the time and place advertised, a public hearing was held. The City-County Planning Board recommends approval. Also a valid protest was filed. Proponents: Jim Worthington I'm the consulting engineer representing the developer, Mace Realty. The application before you tonight is for a zone change. The property is located on the south side of Maryland Lane in Cherry Hills Subdivision, 2nd filing. The lots were laid out with larger frontage with the idea of hopefully going to this type of development: condominiums. Taking this to the Planning Board the applicant has agreed to the conditions set forth by the Planning Board. The conditions were that the property and the condo association documents would be set up so that no home occupation (businesses) allowed in any of the units. That the property would be set up that the condos themselves would not be built with the intent to rent and the developers have agreed that they will stipulate and guarantee as the units are built not as rental units. The other stipulation by the Planning Board was the size of the lot. The size of the units themselves would be a minimum of 1270 sq. ft. The agreement of each unit would have a price range of $75,000 to $85,000. The developer is in agreement with all the conditions set forth by the Planning Board. Larry Herman stated the developer has received three letters from people who are within the protest area and live within the City of Laurel. If you look at the protest area (150 feet) and within that 150 feet in fact in 300 feet, there are no protestors that reside within the City of Laurel. One problem that came up at the meeting with the Planning Board was how does one enforce the agreement? The only thing I can say in this regard is it can be put into restrictions, covenants of the subdivision, and in that case be enforced by the property owners themselves. The letters in favor are from George Lee, Robert Diede and Bill White. Marvin Carter also received a letter in favor from Ellen Ready who will be living in this area. Opponents: Hazen Arnold I reside at 1030 10th Avenue in Laurel and I'm the owner of record of Lot 3 and 5 and is south of the City limits and west of the City limits, but I am directly effected by the change that is being recommended now. The only major objection I have (other than the density) is the fact that these are going to try to sell for $85,000 per condo and the average price of a home in that area is $55,000. It's not my money being invested here but I would say that's pushing your luck as far as trying to get some money. If there is a short fall of customers for this sort of condominium, the developer would have no recourse except to try and rent them. Because of the uncertain market in housing right now, I would say it's awfully risky; and if in fact there weren't a Plan B to fall back to a rental, I would be surprised. If that does happen, if rentals do happen, this Council has no recourse to enforce the stipulations that have been set forth. That is my concern - that it will not meet all the stipulations that have been placed forward. Bob Hornin~ My property adjoins the project on the sol~thwms~ cnrn~r mS ~ page3 Minutes of the City Council of Laurel Linde Wilkerson Our piece of property is right between the two pieces that Hazen Arnold has pointed out, We're opposed to it for the same reason. We feel that once you allow that zoning to go in you don't have any control over what else could happen in that particular area. We don't think it's compatible to what's in that area already. It's going to depreciate our property no matter what happens, once you allow more than single family. Teresa Gremmer We live on llth Avenue. I went around with one of the petitions for our neighbors. What I have a question on is what was the original plat turned in as? If it was for single family why is it already stubbed in for the double when it hasn't been approved yet for multi-family? Mike Mace We did that contemplating that the zone change would be a favorable one for us, that was one of the reasons. The other reason was the cost of doing it. At the time it was less expensive to take the risk and put in the water and sewer hookups if the zone change was approved than to take the risk and have it approved and then have to cut up the street and do it again. The financial gamble we took of the denial of the zone request was not as expensive as it would have been if we would have waited for the approval and then tore up the street and did it at that time. Hazen Arnold Question for Mr. Mace. If the denial or the zone change is denied what do you have to do to make good your stub up? What is the construction that has to be done? Mike Mace A plumber will just go down and plug it off. The pipe will always be in the ground. We'll just plug it off. Gene Hatley I live south of these properties and I've no objection to the single family dwelling but the density I don't really care for. Motion by Alderman Carter to close the public hearing, seconded by Alderman Meyers. Motion carried 7-0. Lonnie Kellogg How many legal protests did we have, Don? Don Hackmann 6 which is a legal protest - over 20% on one side. Lonnie Kellogg Do you have the names? Don Hackmann Yes. Homing, Arnold, Wilkerson, Frickel and Scozzari. Don Meyers Then there's really no legal City residences that protested or even could protest it except for these 3 letters we had. Bob Gauthier Question for Cal. What restrictions does R6000 put on condominiums? Cal Cumin It means 6000 sq. ft. per living unit and you can build a duplex there basically. Bob Gauthier Just duplex type condominiums or can they be multi-story? Cal Cumin No restrictiions on that. Don Meyers There would be no restrictions as to the dollar amount they could build? They could ~ust build a duplex in there if we give them the R60007 Cal Cumin They have floor area requirements that are going to have to be submitted with their development plans. This was brought before the Planning Board two months ago. Before we would recommend approval, we sent them back and asked for some proof of their plans. There were several reasons for the Planning Board's decision to recommend approval of this. One was mentioned, and I think it's an important one, that is that Maryland and the street to the west of there are both major collector streets. I realize that's a nice quiet area now, but the reason we have these maps and the reason Laurel spends money on these programs is to try and figure out and anticipate the future. This is what the Planning Board was trying to do here. We're anticipating that living on a collector street is not going to be the best place for a single family detached house, just continuously. The density increase here is 12 units. It's not a major increase. There was a feeling on the Board that when this type of thing comes up south of the trac~s or the east part of town (which we tend to get our multi- family located in that area) and that we shouldn't be excluding this northwest part of town from experiencing this type of thing. We did require that the developer submit a draft of his restrictive covenants saying what he's going to allow .t~ere, how it's going to be done and who's going to do what. Bob Gauthier This is already in the City limits. We don't have to have an annexation. Once we approve it that's the end of it, right? page 4 Minutes of the City Council of Laurel Cai cumin Once you approve it you get the zonxng. Right. That's it. Don Meyers There's nothing that they will all be sold and not rented. One thing a gentleman brought up if they didn't sell could he turn around and rent them? Cal Cumin That's a very good point. homes there and couldn't sell them, prohibiting him from renting them. I th{nk if he built 12 he could rent them too. single family There's nothing ORDINANCE NO. 821 (first reading) DESIGNATING R6000 ZONE AND CHANGING THE LAUREL ZONING MAP. Motion by Alderman Carter that Ordinance No. and adopted, seconded by Alderman Brennan. following aldermen answered: Gauthier NO Harris NO Meyers NO Carter YES Kellogg NO Krug NO Brennan YES 821 (first reading) be passed Upon taking a roll call vote the Motion was defeated 5-2. ORDINANCE NO. 820 (SECOND READING): ORDINANCE NO. 820 (second reading) AMENDING SECTION 17.28.020 TO CLARIFY AND AMEND MINIMUM SETBACK REQUIREMENTS FROM CITY RIGHT OF WAY. Motion by Alderman Kellogg that Ordinance No. 820 passed and adopted, seconded by Alderman Carter. Upon all aldermen present voted, "YES." Motion carried 7-0. (second reading) be taking a roll call vote COMMITTEE REPORTS: License Committee minutes of August 29, 1985, were presented and reviewed. Motion by Alderman Krug to grant a City license to Jeff Boeck Construction, seconded by Alderman Brennan. Motion carried 7-0. Motion by Alderman Meyers to grant a City license to Stop and Go Pizza pending fire inspection, seconded by Alderman Carter. Motion carried 7-0. Motion by Alderman Meyers to grant Ye Olde Town Chimney Sweep a City license, seconded by Alderman Carter. Motion carried 7-0. Motion by Alderman Meyers to grant a City license to William Kale Construction, seconded by Alderman Brennan. Motion carried 7-0. Motion by Alderman Meyers to grant a City license to Ranch House Cafe pending fire inspection, seconded by Alderman Carter. Motion carried 7-0. Motion by Alderman Meyers to grant a City license to Cargill, Inc., seconded by Alderman Carter. Motion carried 7-0. Park Committee minutes of August 27, 1985, were presented and reviewed. Discussion regarding horseshoe pits at Kiwanis Park. Neil Watts I'm with the ago and got the approval around it; so we went to raised the money and got dug the ditches, got the Kiwanis Club. We went through this a couple of years of the Park Board. They told us we had to put a fence work to start raising money for a fence. We finally donated help to get the pit in. We put the pit in, ditches in and then we were told at that time this was not the right and proper place for it. So we talked to 3 members of the Park Board, and they said if the Chairman of the Park Board agreed, he would too. The Chairman agreed and also some of the people from the City agreed that this would be the place for it. We went ahead and poured the concrete. Then we got stopped. Now they want us to move it to Murray Park. Our feelings are it's a Kiwanis Park. The Kiwanis developed part of the park and we feel it should be in Kiwanis Park. Our club does not feel it should go to Murray Park. We feel the park is for all people. They claim it's ruining the place for kids to play. There are plenty of places either end of the park - swing sets, slides, sand boxes, etc., and if we get your approval there will be horseshoes. We feel the park is used by all people, not just kids. This was their main objection. The reason we're putting in the larger pits than what we had originally planned, is because there is an overflow on the south side if there's a tournament. Thin w~xr page 5 MinUtes of the City Council of Laurel Club says you can not pitch east and west. I'm speaking for the Kiwanis, we would rather have it in that park as opposed to Murray Park. We have $851 invested into this project as of this day. The reason for tbe delay is we took time to build fence that the City asked us to put up. We have made provisions with the City to water the park, we will maintain the park. We'll either hire a kid to do it or some of the Horseshoe Club and make it presentable. As far as tourna- ments, it may happen only once a year, or twice. Lonnie Kellogg Is the Key Club helping you with this project? Nell Watts They're helping do the labor. They did not raise any money. Lonnie Kellogg But they're helping with the labor? Motion by Alderman Kellogg to allow the construction of 6 horseshoe pits in Kiwanis Park, to be fenced off, seconded by Alderman Meyers. Motion carried 6-1 with Alderman Gauthier voting, "NO." Discussion about developing West Park which is in the County into a Girl's Softball Complex. Motion by Alderman Brennan to recommend approval of West Park development for a girl's softball field, seconded by Alderman Meyers. Motion carried 7-0. Motion by Alderman Brennan to enter into the record the Park Committee minutes of August 27, 1985, seconded by Alderman Krug. Motion carried 7-0. COMMENTS FROM THE AUDIENCE: none COMMENTS FROM THE ALDERMEN: Don Meyers stated we're going down to Custer on September 10, 1985, and look at the new dump site that the County has installed down there. We have to be there by 7:00 p.m. Bob Gauthier asked permission to leave the State. Motion by Alderman Carter to grant Bob Gauthier permission to leave the State, seconded by Alderman Krug. Motion carried 7-0. Marvin Carter reminded the Council that similar situations are going to come up like this with Mace tonight. As the Planning Board suggested, areas like that should have all types and forms of housing. We do have a problem, some of those same people that are protesting are going to be coming in with a barn burner here, maybe in a couple of years on how to develop their land and want into the City. I think we made a grievous mistake here tonight, but you guys voted that way. Rob Harris I think each situation has to be looked at Mary, as it comes up. I don't think it's fair to really say that we made a mistake or not. I think each situation as it comes up, whether it be this Council or any Council is going to have to look at it and they are going to vote accordingly. Lonnie Kellogg stated the Public Utilities Committee scheduled for September 10, 1985, has been postponed. Larry Herman was going over the City ordinances, particularly the parking ordinances. I would like you to consider one aspect of your parking ordinance. The problem you have is, parking is more of a civil ~han it's a criminal nature. I would suggest you have your Street/Alley Committee look at that aspect of it. Ernie Davis There will be a Labor/Management meeting on September 9, 1985, at 7:30 p.m. MAYOR'S COMMENTS: The Mayor reminded the Council of the meeting with Asphalt Supply on September 5, 1985, approximately 9:00 a.m. There being no further business to meeting was adjourned at 8:20 p.m. come before the Council at this time, the ona ackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 17th day of September, 1985.