HomeMy WebLinkAboutCouncil Workshop Minutes 12.13.2011 MINUTES
COUNCIL WORKSHOP
DECEMBER 13, 2011 6:30 P.M.
COUNCIL CHAMBERS
A Council Workshop was held in the Council Chambers and called to order by President Doug Poehls
at 6:30 p.m. on December 13, 2011.
COUNCIL MEMBERS PRESENT:
_x Emelie Eaton _x_ Doug Poehls
_x_ Bruce McGee _x_ Mark Mace
_x Chuck Rodgers _x_ Chuck Dickerson
Tom Nelson _x Norm Stamper
OTHERS PRESENT:
Heidi Jensen
Public Input (three - minute limit):
Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual
speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action
on any item not on the agenda.
There was no public input.
General items:
• Appointments:
o Police Commission: Reappoint Wallace Hall to 3 -year term ending December 31,
2014
o Laurel Urban Renewal Agency: Reappoint Dirk Frickel to 4 -year term ending
December 31, 2015
The appointments will be on the December 20 council agenda.
Executive Review:
• Haidle variance — 306 West 12 Street (Public hearing scheduled on December 20, 2011)
Heidi Jensen stated that she would speak about the first two items together, as they are located in the
same general area.
The first item is the Haidle's variance request for 306 West 12 Street. The lot is in the city's
extraterritorial zoning, but the city limit line is a skewed line and the lot is not just in the residential
zoning. It is actually zoned R -7500. The Haidles want to put a manufactured/mobile home on the
property, but since R -7500 does not allow that, the variance request was needed. The property across
the street from them, which is adjacent to the Gay Easton bridge, has been deemed unbuildable
because of the Big Ditch. The property owners in the estate would like to donate the property to the
city to use as a natural park. When the Planning Board heard that the adjacent property was potential
parkland, they questioned whether that would surround the properties by the city limits, which it
would, and it would help straighten out the city limit line. With the variance, the Haidles would be
required, through conditions in the staff report, to petition the city for annexation and to connect to
city water and sewer services. The water and sewer connections on West 12 have been a challenge
Council Workshop Minutes of December 13, 2011
in the past. With the Haidles bringing services to their residence, the neighbors next door that are on
city water and have septic tanks would be surrounded. When the septic tanks fail, the city could
require the properties to be annexed into the city limits. All the property around them would be in the
city and not just three sides. After much consideration, the Planning Board voted 8 -0 to recommend
approval of the variance request, after considering the seven criteria in LMC 17.60.020 regarding
granting a variance. The Planning Board added one condition for the property owner to change the
home from a titled property over to a deeded property, which the Haidles were going to do. The
Haidles plan to remove the wheels and place the home on a permanent foundation. The staff report
included the Haidle's letter and a description of the property showing how the home would sit. The
home is over 2,200 square feet and is considerably larger than the homes in the area. Two pictures of
the home were also attached to the staff report.
There was discussion regarding the layout of the property at 306 West 12 and a lot coverage issue
with the proposed garage, which will be addressed when they apply for a building permit.
Tom Haidle spoke regarding the variance request.
• Property east of the Gay Easton bridge
Heidi stated that the Richmonds contacted the city regarding giving the city the property adjacent to
the Gay Easton bridge and north of the Haidle's property. Having this property would solve some
problems with the property not being maintained. With its adjacency to the bridge, a lot of children
end up walking on West 12 Street, and this would give the opportunity to provide some connectivity.
In prior discussions regarding the property adjacent to the bridge, it had been suggested to use some
CTEP money to put up a fence against the Big Ditch and a natural path on the property. After finding
out about the donation possibility, the city's attomey was contacted. The attorney suggested that the
Richmonds should talk to their attorney and a tax accountant to determine the best way for them to
give the property to the city. The Richmond's tax advisor told them to deed one of the two parcels to
the city before January 2012 and the other one in January 2012 in order to get tax breaks in 2011 and
2012. The city anticipates receiving a document soon in order to get it done before December 30.
The city agreed to pay the nominal filing fee at the Clerk and Recorder's Office. Heidi stated that
some Christmas tree wood chips are available now and more will be available after Christmas for the
proposed pathway.
There was further discussion regarding possible annexation of the surrounded properties, the
properties that currently have city water and septic tanks, the city's options to annex the properties
and require them to connect to sewer services, the city's option to require annexation when the septic
systems fail, and how the city would know if a septic system failed on one of those properties. Heidi
will research how the city could be informed regarding failed septic systems.
• Resolution — Mutual Aid Agreement with Yellowstone County
Fire Chief Brent Peters explained that the resolution is to adopt the Yellowstone County Mutual Aid
Agreement, which is an agreement between all the fire departments and fire companies within
Yellowstone County. With this agreement, fire departments in Yellowstone County would be able to
contact other fire departments for assistance with fire incidents. The Mutual Aid Agreement has been
approved by the city attorney, the county attorney and the City of Billings' attorney and was
structured after the current Mutual Aid Agreement between the City of Laurel and the City of
Billings. The fire departments are required to have $1.5 million of liability insurance in order to
participate in the agreement. Fire departments will not be required to respond if manpower and
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Council Workshop Minutes of December 13, 2011
equipment are not available. County resources have been used for the last two years for the Clappers'
Flats fires. The State of Montana DNRC now requires a fire department to extinguish all resources
within the county before they will step in to provide any assistance.
There was discussion regarding the city's mutual aid agreement with CHS Refinery, the need to
update the agreement to include the new offices and structures, the 2006 mutual aid agreement that
Laurel did not sign, the existing mutual aid agreements with Park City and the City of Billings, the
possibility of providing assistance in Broadview or Custer, the Laurel Fire Department's first
responsibility to the City of Laurel, and the current status of personnel and apparatus for the Laurel
Fire Department.
• Resolution — Memorandum of Understanding with Laurel Municipal Airport Authority
Heidi Jensen stated that KLJ is the engineering firm that works for the airport. The airport is planning
to put in an additional runway and the planes would take off so that they are perpendicular to the
transfer station. The FAA will not allow them to install the new runway unless there is an agreement
between the City of Laurel and the Airport Authority to control the birds. Birds and wildlife are not
currently a problem at the transfer station, but as the city and the airport grow, if birds or wildlife
became a problem, the agreement states that the city will address it. Heidi stated that this is a
formality so the airport can continue their process through the FAA.
• Letter to the Laurel School District regarding water rate increase
Heidi stated that the mayor would sign the letter soon if the council approved and any suggestions or
changes should be emailed to her.
President Poehls asked Tim Bronk, Superintendent, if he wished to speak on the issue.
Tim Bronk stated that he met with Mayor Olson recently. His concern is that the city and the school
district are in the same position with protested taxes from the refinery. When he came to Laurel in
July, he had some knowledge that the city was discussing rate increases but he did not know the
amounts until after the school's budget was in place and submitted to the County Superintendent in
August. The school district is operating on a very tight budget, and the teachers and staff took a
benefits and pay freeze this year. The County let the school run into the red during the month of
November in their General Fund because they had enough monies in other funds to cover any payroll
expenses, so now in December, taxes are coming in again and they have enough money in the budget
to run for the winter. He doubts that they will have enough money to finish out the school year
without depleting all of the protested taxes allowed, and they might have to borrow some money from
the Board of Investments or a bank to make it through the year. He is not asking that the council
consider giving the school a break on the water rates, as he certainly thinks that anything that they use
they should pay for. He asked that, if the school's water bills are more than the line item amount in
the budget, the school would be able to pay the full amount in the fiscal year on July 1 He stated
that he was not asking for any break on the water rates or anything other than just the relief from
having to pay more than what they have budgeted. Mr. Bronk stated that the school is doing a lot of
water conservation and was glad to see discussion regarding education of the water users in the city.
He asked that the city consider working with the school district on this issue.
Chuck Dickerson spoke regarding the request and asked how the city should handle everyone that
comes with a similar request, as the city does not have a means to do so.
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Council Workshop Minutes of December 13, 2011
Tim stated that everybody in the city that would be up against this is a taxpayer and they pay taxes to
the school. The school is working to make sure that they are doing their best to do a good job fiscally
and he thinks people would understand a special agreement between the city and the School District.
There was a lengthy discussion regarding the city's need to provide the funding for required water and
wastewater projects, Tim's request to allow the school to delay payment of water bills after the
budgeted amount has been used, the effective date of the water and sewer rate increases, CHS
Refinery's ongoing protest of taxes, the court date scheduled in June 2012, the possibility of the case
continuing without resolve for several years, the current amount of $3 million in taxes being
protested, the State's deadline for the city to meet DEQ requirements in 2013, the possibility of daily
penalties if the city does not meet the requirements, and the need for water conservation education.
Mr. Bronk again requested that the city consider giving the school additional time to pay the water
bills that exceed the budgeted amount.
Emelie commented that it is unfortunate that the refinery's choice to protest their taxes and the impact
that it has on the schools now falls to the point where the city is being made to be the bad guy for
increasing water and sewer rates for its bills because the city has to think of the whole town. It is
unfortunate that one entity's protest is having such a negative effect and yet nobody is talking about
that. She suggested that something could be arranged with the water clerk instead of making this a
council mandate.
President Poehls suggested that the council give direction to Heidi to get the city attorney's opinion
regarding a contractual agreement with the school to cover them if they were unable to make
payments in specific months.
Mr. Bronk explained that the school district will continue to pay their water bills in full each month
until there is no money left in the budget and that is when consideration will be needed. He estimates
that the school districts water bills will increase by one -third of previous charges.
President Poehls stated that the council would get an opinion from the city attorney.
Other items
There were none.
Review of draft council agenda for December 20, 2011
• Public Hearing: Haidle variance — 306 West 12 Street
The public hearing will be on next week's council agenda.
• Arbor Day Proclamation
Chuck Rodgers stated that the Cemetery Commission met and made a motion to proceed with the
request for bids for the irrigation system. Heidi will work on this.
Attendance at the December 20, 2011 council meeting
All council members present will attend.
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Council Workshop Minutes of December 13, 2011
Announcements
Mark mentioned that the Public Works Committee met last night. The council will receive some
books that Great West prepared.
Heidi stated that Kurt met with Great West Engineering on Monday regarding the Elm Lift Station
and the smell under the manhole. Their solution was very expensive and experimental, and they were
not sure if their first proposal would even fix the smell. Kurt asked them back to find less expensive
alternatives, and they will meet again next week.
Heidi stated that Mayor Olson signed the contracts with ACE Electric to run conduit and wire in the
FAP building for data, cable and phone services.
Heidi mentioned that the fire department purchased a 2007 4 -door Ford F -150 for the new command
vehicle last week.
The council workshop adjourned at 7:31 p.m.
Respectfully submitted,
Cindy Allen
Council Secretary
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
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LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Heidi Jensen, Laurel Planner
RE: Variance for 306 12 Street West
HEARING
DATE: December 20, 2011
DESCRIPTION /LOCATION:
The Haidles submitted a variance to allow the property commonly known as 30612 Street
West, Laurel, MT to allow for a manufactured /mobile home. The property is in the
extraterritorial, or the one mile zoning jurisdiction around the City of Laurel and zoned R -7500.
The one mile is zoned by the City and all matters in the mile are determined by the City- County
Planning Board and City Council. The extraterritorial R -7500 allows for modular homes, but not
manufactured /mobile homes. The request is being made after the Haidles purchased a 2006
manufactured /mobile home they would like to move onto the lot.
The property is located in an area currently zoned R -7500 and the variance requested
would allow for the Haidle's mobile home to be placed on the lot. Should the home be moved,
burnt or destroyed by other acts of natural disaster a mobile home would not be allowed to be
placed back on the lot. The legal address of the property is Laurmac Subdivision Amendment
Block 2 Lot 6, Yellowstone County, Montana.
STAFF FINDINGS:
1. The property owner has submitted a variance to "...place a home built in June 2006 'on
the' land they have owned since 1996. The manufactured home approximately 2280
square feet in size and would have an unattached garage of approximately 1120 square
feet.
2. The attached exhibits are copies of the variance application request, dimension drawing,
and a letter from the Haidles explaining their need for the variance.
3. As per the requirements of LMC 17.72.070, a public hearing on the matter shall be held
before the zoning commission before being heard by the Laurel City Council. As per B. of
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the section, public notice was published in the Laurel Outlook and adjacent property
owners have been notified by certified mail of the Planning Board and Council hearings
more than 15 days prior to their scheduled dates.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission considered the following chapters and sections of the Laurel
Municipal Code (LMC):
1. According to Chapter 17.60.020 of the LMC the Zoning Commission may not
recommend granting a zone change /land use variance:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition or situation special and peculiar to the
applicant;
3. Unless the basis is something more than mere financial Toss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose, and general plan of
this title;
6. Unless the variance would not affect adversely or injure or result in injustice to
others; and
7. Ordinarily unless the applicant owned the property prior to the enactment of this
title or amendment.
2. As per LMC 17.72.060 the Zoning Commission shall make a recommendation to the City
Council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
PLANNING BOARD RECOMMENDATIONS:
The Laurel City- County Planning Board met at their regularly scheduled meeting on
December 1, 2011. The board voted unanimously to recommend approval with the staff
presented conditions to the Council on December 20, 2011.
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STAFF SUGGESTED CONDITIONS:
If the Laurel City Council makes findings from the above requirements and recommends
approval of the land use variance, the following conditions are suggested:
1. Applicant shall apply for a building permit and comply with all department requirements
before placing the home on the property.
2. Applicant shall perform normal upkeep and maintenance of the premises to maintain a
neat and tidy appearance, and control for noxious weeds.
3. This variance shall only be applicable for as long as this mobile resides on the lot. Any
removal, fire or other natural disaster voids the variance and the lots must be reviewed
with residential tract zoning regulations.
4. The owner shall petition to annex the property into the City of Laurel and connect to
City water and sewer services.
5. The owner shall place the home on a permanent foundation, and obtain a deed for the
home, creating real property.
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