HomeMy WebLinkAboutCity Council Minutes 04.21.1981Minutes of the City Council of Laurel
April 21, 1981
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 Larry D.
Herman, at 7:00 p.m., on April 21, 1981.
COUNCIL MEMBERS PRESENT: Albert Ehrlick Bill Brennan
Terry Fink Susan Carter
COUNCIL MEMBERS ABSENT: Ervin Metzger Harold Burns
Duane Behm Donald Meyers
INVOCATION: Invocation given by Reverend Whanger.
MINUTES: Minutes of the regular meeting of April 7, 1981, approved as
presented.
CORRESPONDENCE: Received a letter from Carl Manweiler stating that he
will retire on April 21, 1981. The Mayor has informed Carl that his
resignation has been accepted. The Mayor mentioned that Carl has devoted
many years of good service to the City of Laurel.
PUBLIC HEARING - AMENDMENT OF LAUREL MUNICIPAL CODEr CHAPTER 17.52 RESIDEN-
TIAL MOBILE HOME DISTRI'CT: The purpose of the proposed revision is to
allow the location of single-family mobile home dwellings to be placed
on lots in a residential mobile home subdivision. Notice of this hearing
was published in the Laurel Outlook on April 1st and 8th, and as of 5:00
p.m. today, the clerk has not received any protests or objections. This
being the time and place advertised, a public hearing was held.
John MacMartin representing the Planning Board made a presentation:
This is a proposal from the Planning Board to amend chapter 17.52 of the
Laurel Municipal Code. This would allow mobile homes to be placed on
lots for sale. Currently the code only allows mobile homes to be placed
in a mobile home park which is a rental situation.
Area requirements:
Minimum lot area 6,000 sq. ft.
Minimum yard requirements
front 10 ft.
side 5 ft.
side adjacent to street l0 ft.
rear 10 ft.
Maximum height 30 ft.
Maximum lot coverage 40%
Minimum district size 2.07 acres (1 city block or adjacent to RMH zone)
In addition~ all mobile homes will address the issue of setup and skirting
in one of the following ways:
a. concrete pad with cinder blocks used for supports, coupled
with a coordinated skirting;
b. permanent concrete foundations; or
c.a dug-out style area with cinder blocks for supports designed
to insulate the utilities and lower the unit to ground level.
The method to be utilitzed shall be approved by the building official
at the time a building permit is issued allowing a unit to be moved onto
the site.
page 2 Minutes of the City Council of Laurel
An ordinance has not been prepared because at this time the recommended
change is only a Planning Board proposal.
Terry Fink Can you pu? a mobile home on a lot in the middle of a residential
area?
John MacMartin No. They will be required to have Residential Mobile Home
zoning. They will have to petition for a zone change like anyone
else.
Sue Carter asked a question regarding front footage.
John MacMartin there is no minimum frontage.
There was no one present protesting this amendment.
Motion by Alderman Ehrlick to direct the Laurel-Yellowstone City-County
Planning Board to prepare an ordinance to implement the changes, seconded
by Alderwoman Carter. Carried.
PUBLIC HEARING - ZONE CHANGE, BLOCKS 1 & 2~ MOGAN SUBDIVISION, FROM RESIDEN-
TIAL LIGHT MULTI-FAMILY (RLMF) TO RESIDENTIAL MOBILE HOME {RMH): Notice of
this hearing was published in the
as of 5:00 p.m. today, the clerk
This being the time and place advertised, a public hearing was held.
Ed LaPrath I filed a petition of protest.
Mayor Herman Would that be with the Planning Board?
Ed LaPrath Yes, it should be in the Planning Board minutes because
them to John Smith.
Mayor Herman The Planning Board
the Council minutes.
Ed LaPrath How many lineal feet
from being valid?
Mayor Herman The protest area for valid protests according to Ord. 662,
of the Municipal Code, Sub. D. is as follows:
"In case, however, of a valid protest petition against such change
signed by the owners of twenty per centum (20%) or more either of
the area of the 10t included in such proposed change, or of those
immediately adjacent in the rear of extending one hundred fifty
{150) feet therefrom or of those adjaoent on either side thereof
within the same block, or of those direotly opposite thereof ex-
tending one hundred fifty (150) feet from the street frontage of
such opposite lots, such amendment shall not become effective ex-
cept by the favorable vote of three-fourts (B/4) of all the mem-
bers of the City Council."
Leon W. Howe from Sanderson/Stewart/Gaston Engineering Inc., was present
representing Mr. Paul Mogan. Mr. Howe presented his remarks in written
form and a copy entered into the minutes.
Question What would be the square footage on a homesite?
Leon Howe Block 1 would all have 6,600 sq. ft. and Block 2 would have
6,45~ sq. ft.
A copy of the March 12, 1981, Laurel-Yellowstone City-County Planning
Board meeting have been entered into the Council minutes.
Laurel Outlook on April 1st and 8th and
has not received any protests or objections.
I presented
minutes of March 12, 1981, were entered into
of protest does it take to keep a zone change
i7.84.070
page 3 Minutes of the City Council of Laurel
Ed LaPrath That area is served by ½ streets and only Cottonwood is a
~-~ro-6~-~-~reet. We have asked that Date Avenue be opened up, but we
found out that it has been vacated. However, Ilbrought a plat which
Was accepted in 1909 as the Nutting Brothers Subdivision, and it says
that the land for street, avenues and alleys aslshown on the annexed
plat, are hereby granted and donated to the public use forever.
How can we vacate public land? I don't se~ any reason why this
change should even be considered Unless Date Avenue is opened. It's
a direct north/south route and there is only ½ ~ street to the west
and to the east of the property just presented°
Terry Fink Is there any way we can open Date Awnue?
Tom Bradley State law allows city eouncils to wcate a street that they
feel is not needed after a public hearing. The vacation was done some
time ago (April 1, 1980 - Res. #1775}.
Motion ~y Alderman Fink to table this matter for one council meeting
and look into the possibility of opening up Dat~ Avenue, seconded by
Alderman Ehrlick. Carried. /
PUBLIC HEARING - REQUEST OF A ZONE CHANGE TO RM~ BY GEL PROPERTIES~ ON
THE FOLLOWING PROPERTY: S½SE¼SE¼NE¼ lexcept C/SI155) in Sec. 8, Twp 2S,
~-~-E~ ~one County, Montana, located west of 8th Avenue
between 7th and Sth Streets. Notice of the public hearing was published
in the Laurel Outiook on April 1st and 8th and ~s of 5:00 p.m. today,
the clerk has not received any protests or obje¢
time and plaee advertised, a public hearing was
The Planning Board minutes of March 12, 19~
record.
A letter from GEL Properties dated March 2~
tions. This being the
held.
l, were entered into the
, 1981, was also entered
into the record, along with copies of the surve~ which was taken.
Edward L. McDonnell, partner, GEL Properties, m~de a presentation of why
t--~-~a~ ~ z--~-~ange and reviewed the proposed project planned for
the area. t
He also addressed the drainage problem in he area and said that this
would be taken care of.
!
The survey taken regarding the need for th!s type of housing (elderly
and handicapped) had 51 replies from people ove~ age 62, indicating that
they would like better elderly housing made available to them.
Mr. McDonnell reviewed some of the criteri] for elderly housing·
Location near churches, medical center, shopping center and the area we
are proposing meets this requirement. No stair~ there probably is housing
available, but very Yew of them meet the criteria. Assistance bars in
tubs and showers. Low pile carpeting, ramps fr~m parking aregs, One hour
fir_~e wall between units, etc.
Also in our project 10% of the units are planned for the handicapped·
Other requirements for these units are: out swi~ging doors, sink and cabi-
nets so that a wheel chair ean go underneath. ~11 areas have a 6 ft.
turning radius and floor ' '
level 4 x6 shower so ~hey can go in with a wheel
chair, etd. So for this reason it is very special housing. The survey showed income as follows:
page 4Minutes of the City Council of Laurel
0 - $3,000 = 9 people (below poverty level)
SB,O00 - $5,000 = 15 people (at poverty level)
That is 24 people in the 10w income area. There was one at $11,000
$1B,O00 and one at over $1B,O00. The rest fell~in between ($5,000 - $11,000).
The total eventual project, which will be ~uilt in phases, will cost
approximately 5 million dollars. The first phaue of 42 units will run
about 1.4 million dollars, which will add considerabiy to the tax base for
the City of Laurel..
assis~n~eo~l~l~ ~mu~.fl~n~go~n~h~l~i~a~i~e~e°~e~e~1
at the full price, which at this time we are projecting at $240 a month.
Rental for low income people, which includes all utilities, will be 25%
of their income.
The project does not discriminate -- we re~t to anyone who comes along,
whether they can pay the full rental or need re~tal assistance. There is
a need for this type of housing for elderly people who are on a low fixed
income, and we feel this would be a nice addition to the City of Laurel.
Sue Carter This is a Farm Home loan. What happens if it is no longer
federally subsidized?
Ed McDonnell From what we have learned at this ~ime, rental assistance is
not to be changed at all and as we understand i$, is tied in with Social
Security programs. We also understand that it ~s a 5-year plan, so it
can not be changed for 5 years. I think it wou~d give them enough time
to make other arrangements should the program b~ changed.
Tom Bradley Subsidy can be lost.
Bill Brennan Is this limited to the elderly?
Ed McDonnell Yes, it is, and we have to agree t rent to all elderly that
come along, ct
Other people who are in favor of this proj~, and zone change:
Elaine Sparlin - So. Yellowstone Ave.
Blodwyn Garrison - 212 E. 1st St.
Bra Hunter - 335 So. 8th Ave.
Marie Fox - 12½ 3rd Ave.
Reva Heckenlively - 12½ Brd Ave.
Mrs. Ann Lacy
Mrs. Ann Wilson
Mrs. Carroll Wilson - 807 3rd Ave.
Bob C. Dantic - 917 6th Ave.
Opponents:
Duane Guenthner - 412 Birch Avenue. I do not o~rn property within 150 feet
of the area, but as a citizen of this town I fe~l I have a right to speak.
I addressed the City-County Planning Board as an opponent and they saw
fit to not approve this particular change.
Nothing has been said about the cost of one of these projects. It was
said that it will cost 1.4 million dollars to construct. As recently as two
weeks ago in the Billings Gazette, there was a sxmxlar project taking place
in Bozeman. This is a HUD program and the deve!oper has a contract with HUD
to be paid $309,000 a year for the next 20 year~ in potential subsidy. So
it is not just the original cost of the project it is an on-going thing
page 5 Minutes of, the City Council of Laurel
and it is a lot of dollars. One of the reasons why the Planning Board voted
against this was that my argument was as a taxpuyer and resident of Laurel,
there are numerous multiple dwellings for sale Or for rent in Laurel that
could fit into a subsidized rental program for ~lderly people. If these
people want to go into the~rental business, they can purchase the units
that are now available. The economy is not goo~ in Laurel right now, as
you well know as Mayor. I hoped earlier that y~u would see fit to deiay
this hearing because of lack of council attendance. My main contention
is that if you want to subsidize someone's rent] let it subsidize the rent
for people where they are living now. I am not]against subsidizing rent,
but if you put this project up you will be cans~ng an additional rental
glut in Laurel. Another thing, this project islproposed to be built on
an already congested street. (Sth Avenue) because of the West School.
Paul Gjefle representing his mother who lives w~thin 150 feet of the area,
and has power of attorney.
I own an apartment house and I can't keep it full. According to the
survey taken, 27 of the people that responded wSuld be coming from rentals
in Laurel right now. That~would mean 27 more r~ntals empty in Laurel and
we can't keep the ones full that we have now. We have to pay taxes on
what we have, so there goes an extra tax burdenlon the people that are
already here. In talking to my mother's insurance man, he said that if
the project goes in she could automatioally figure the value of her property
would decrease by $10,000 ~he moment they startlto build. So I am very
definitely against it. i I
It has been said thatithe location is nearlchurches, shopping, etc.
and in Laurel it's about aS far away as you canlget. Most of the people
that would live there will be transported by goyernment subsidized busing.
We will be subsidizing the rent and construction. It is going to be quite
a burden on the taxpayers of Laurel who are already overtaxed right now, as
far as I am concerned. I don't know what it is going to do with our water
and sewer system at that end of town, but if it can't handle it, then there
will be another big tax burden for us.
He said that he will take care of the drains and there is definitely a
drainage problem there. /
Because of the school located in the area, I don't think we need to
put any more traffic on 8th Avenue.
Warren Schwennecker 804 8th Ave~ adjacent to the north of the property.
What I am most concerned a~out is the drainage ~roblem in this area. I
don't want a wall built to the.south of me and ~hen have a lake to put up
with. d ~ ~th
Because of the school traffic is alrea y n~avy, o Ave. is designated
as a truck route and it woh't be a quxet place to lmve.
Ed Martin 902 4th Ave. and I am not adjacent to the program.
I would like to echo the sentiments, that I am just about taxed to
death in this community. To bring in more thin~s that are going to cost
us some more money, I am opposed to. I think i~ the gentleman wants to
build this type of unit, let him use his own money, then rent it out and
see if he can make any money.
Grant Lawve~ I have lived adjacent to this arealfor 27 years~ I don't
think this area is the right place to build t~ese units.
page 6Minutes of the City Co ncil of Laurel
Tom DuFresne I am a resident of Yellowstone Coufity, but I don't live adjacent
· to the area.
I do own property in town and I agree with Paul, I think he said it
pretty well.
This month is the first time during the pa~t year that I have all my
units full. I have had B or 4 units empty most of the time. The rent is
not absorbant as they go from $225 to $250.
If they want to build these units, let them use the free enterprise
system. I don't like to be competing against m~ own money and that's what
we are doing.
Jim Burrows 413 W. llth, not adjacent to area.
I realize there is a need, but I think we can do it without paying a
developer millions of dollars. /
Ed McDonnell - rebuttal The funds for these projects have already been
~ ~ ~ ~nd if We don't apply for lit, it will go to some
other area and I am sure there are people waiting in line for it.
It won't cost the people of Laurel more mo~ey. It will be just the
opposite ~- it will add to the tax base and hopefully will reduce local
taxes. I
As far as the school is concerned and the ~raffic, I think we would
be faced with traffic in almost any area. I don't think all traffic going
to the school wili be going in front of the prozect.
The Farm Home program is a little different than the HUD program. The
Farm Home program is developed primarily for the elderly people in rural
areas.
One person mentioned that his rent ran fro~ $225 to $250 a month. This
is fine for some people, but for people making ess than $3,000 a year, they
would be paying it all out in rent and wouldn't have anything else to live
on.
!
We think that the elderly are now just bar~ly existing and are living
in very substandard housing, and we think that we owe it to them to make
good housing available. /
Ed Martin I have heard of increasing the tax ba~e for years and years, and
I have never seen my taxes come down, no matterihow big the base gets. It
seems like the taxes go up to provide more services in new areas. All the
years I have lived here, the mill levy has neve~ gone down.
Terry Fink Is there any money available to subsidize the rent for apartments
the elderly have now? I
Duane Guenthner Yes, there is money available;however, there is a waiting
list of 2½ years.
Bill Brennan Does anyone know how many units ar~ available in town right
now for t~e handicapped?
Paul Gjefle I don't think anybody has ever tried to take a count.
Sue Carter I would probably have to say none, because of what they have to
have now for the handicapped - wide doors, assistance bars, etc.
Dick Metzger The only ones that I know of are t~e two units at Laurel Gardens;
however, they are rented at the present time.
page 7 Minutes of the City Council of Laurel
Motion b.y Alderman Brennan to table this matter until a full council
is present, se¢onded"by ~il'd'e~an Fink. Carried, with Alderwoman Carter
voting "no."
DAVE GAUSLOW - FIRE DISTRICTS: Dave reported that he has met with both
fire districts, and we have come to an agreement with them on next years
contract.
This was referred to the Finance Committee for review and recommen-
dation at the next council meeting.
Mr. Gauslow also reported that there is another district in the
process of being formed, just outside Fire District #7 in Carbon County.
JOHN MAC MARTIN - PARK PRESENTATION: Mr. MacMartin presented plans for
Hypark, South Pond, Murray Park, and West Park {on the road to the Golf
Course)~ All the plans have been accepted by the Planning Board. Money
for development of these parks will come from the City-County Park Fund
and hopefully some federal grants.
RESOLUTION NO. 1842
ADOPTING PARK DESIGN AND LAYOUT PLANS AS PRESENTED
BY THE LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD.
Motion by Alderman Fink that Resolution No. 1842 be passed and adopted,
seconded by Alderman Brennan. Carried.
DICK FRANK - RECREATIONAL COMPLEX: There have been several citizens
around Laurel who want a recreational complex of some kind or another
in Laurel.
I find that there are federal, private and state grant monies avail-
able if you can come up with a unique setup in alternate energy. I have
pretty much covered the whole town Iooking at ground to see where some-
thing to go up in a passive solar system. The ground that really appeals
to me is up at the City Water Reservoir. As I understand it, it is City
land and not designated as park land.
Before we can get anywhere, we have to have some land that is available
for this type of setup. The type of structure would be an earth shelter~
cover between 10,000 and 20,000 sq. ft. of floor space, which would include
four racquetball courts, olympic size swimming pool, indoor track, sauna,
steam room, and equipment room.
There is a lot of enthusiasm for this from the people that I have
talked to, but we have not got down to details of what this is going to
cost. What I am asking, is it possible that the particular land could
be used for something like that up there? If it is, how could we go
about making it available, so that we could see if we can come up with
the money?
Albert Ehrlick suggests that we look into this and see if the land
has already been planned for something.
Tom Bradley Would this be private?
Dick Frank~ No. What I had in mind is to try and keep it so that i~ was
run by an elected board, so that it would remove it from the tax roles
and that board would be in the process of running it and charging a fee
to the people that use it in order to make it pay for itself.
page 8 MinUtes of the City Council of Laurel
Tom Bradley We have the City Park Board. If the City maintained ownership
of the land, it would solve a lot of problems. The City could turn it over
to the Park Board to administer. But if you are asking the City to donate
the land to some organization or to sell the land, then we would run into
quite a few complications.
Dick Frank Whatever way we can get it in is what we are interested in. The
best way and least costi so that it can be available for the people and also
give the kids something to do. This is one of the main things behind the
whole idea.
Mayor Herman Would you entertain a public owned building?
Dick Frank Yes. Whatever way we can get it and get it for the least amount
of money. The thing I want to stay away from is to keep it off the taxes.
Every time you end up having the City run it, it usually ends up that
somebody doesn't care whether it is making money or not. Then we pay
for it out of our pocket and everybody is sick and tired of paying higher
taxes. I would think that a board would be more inclined to try and
make the outfit pay for itself. I think we can get most of the money
from grants, but we have to have the land available before we ~an even
try.
Sue Carter mentioned that the land in question is ~urrently leased
out for a year, but Dick Frank indicated that something could be worked
out with the people leasing it.
Mayor Herman stated that he could forsee some problems. How it is
going to be organized and under who!s ~ontrol. If the land can be used
and the kind of financing available.
This matter was referred to the Park and Recreation Committee for
further study and recommendation.
ALBERT EHRLICK - STREET AND ALLEY COMMITTEE: Reviewed the minutes of the
meeting on April lB, 1981.
Motion by Alderman Ehrlick to enter the minutes of the Street and
Alley Committee on April lB, 1981, into the record, seconded by Alderwoman
Carter. Carried.
There was no objection from the council for the ten-minute parking
on the avenue by Cable TV recommended by the Street and Alley Committee.
Ed LaPrath brought up the problem of a blind corner at the intersection
of Cottonwood and East 8th Street. He suggested putting in stop signs or
something.
This matter was referred to the Street and Alley Committee for further
study.
TERRY FINK - CEMETERY COMMITTEE: I have overlooked entering the minutes
into the record of several previous meetings.
Motion by Alderman Fink to enter into the record the Cemetery Committee
minutes of August 5, 1980, September 2, 1980, November 6, 1980, December 1,
1980, February 26, 1981, and April 14, 1981, seconded by Alderman Ehrlick.
Carried.
CITY CLERK'S AND CITY TREASURER'S FINANCIAL STATEMENT: City Clerk's and
City Treasurer's Financial Statements for the month of March were presented
for review and approval.
page 9 Minutes of the City Council of Laurel
Motion by Alderwoman Carter to approve the City Clerk's and City
Treasurer's March Financial Statements as presented, seconded by Alderman
Brennan. Carried.
CURT MC KENZIE: Presented an amended plat of Block 29, Allard Subdivision,
submitted by Dennis C. Nunn.
RESOLUTION NO. 184B
APPROVING THE AMENDED PLAT OF BLOCK 29, AMENDED ALLARD
SUBDIVISION TO BE KNOWN AS LOTS 7R and 9R, LAUREL,
YELLOWSTONE COUNTY, MONTANA.
Motion by Alderman Ehrlick that Resolution No. 1843 be passed and
adopted and to give the Mayor and City Clerk authority to sign the plat,
seconded by Alderman Fink. Carried.
MIKE BLOOM - POLICE DEPARTMENT: I want to thank the Mayor, Council and
Department Heads for the support they have given me during the past ten
months, and especially the Laurel Fire Department for their support and
cooperation and to Dave Powers, personally and professionally.
Mr. Bloom gave a presentation of the police department accomplish-
ments during the past ten months, statistics of their activities and
goals for the future. A film was shown giving the different areas of
training which a police officer should have periodically.
There being no further business to come before the Council at this
time, the meeting was adjourned at~p~.~~.~
Donald L. HAckmann, City C~erk
Approved by the Mayor and passed by the City Council of the City
of Laurel, Montana, this 5th day of May, 1981.
~~F~-IJ. Herman, ~ayor