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HomeMy WebLinkAboutCity Council Minutes 08.20.1996Minutes of the City Council of Laurel August 20, 1996 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 Chuck Rodgers at 7:00 p.m., on August 20, 1996. COUNCIL MEMBERS PRESENT: Gay Easton Ron Marshall Bud Johnson Dirk Kroll Miles Walton Donna Kilpatrick Norman Orr (non-voting) COUNCIL MEMBERS ABSENT: John Minch INVOCATION: MINUTES: Motion Invocation was given by Alderman Johnson. by Alderman Easton to approve the minutes of the regular meeting of August 6, 1996, as presented, seconded by Alderman Kroll. Motion carried 5--0. Motion by Alderwoman Kilpatrick to approve the minutes of the special meeting of August 12, 1996, as presented, seconded by Alderman Walton. Motion carried 5--0. CORRESPONDENCE: Received the agenda and committee report from the Yellowstone Historic Preservation Board, dated August 6, 1996. Received a letter of resignation from Ron Marshall as Alderman from Ward I, dated August 15, 1996. Received a letter from Ron Marshall, dated August 18, 1996, wishing to withdraw his resignation as Alderman from Ward I. Received a letter from Patrick and Helen Mullshey requesting that Tract B-l, Certificate of Survey No. 2039 be annexed into the City of Laurel. Received a letter of resignation from John Minch as Alderman from Ward effective August 20, 1996. Motion by Alderman Johnson to not accept Ron Marshall's resignation and to appoint him to fulfill his term, seconded by Alderwoman Kilpatrick. Motion carried 5--0. Pat Mullshey - Request to Annex Alderman Johnson asked if the request from Pat Mullaney should have been submitted to a committee and then presented to the council? Cal Cumin replied that the city law requires a person who wishes to annex property into the city, which is less than a city block in size, request permission from the City Council first. He can then make application and submit it to the City-County Planning Board. This requirement is made because changing the city's boundaries is an involved and expensive process. Therefore, the city has a policy to not allow annexation of less than one block in size without a good reason and have approval from the City Council before submitting the application. Motion by Alderman Easton to table the request for annexation until the next council meeting so there is more time to review it, seconded by Alderman Walton. Motion carried 6--0. CITY CLERK*S AND CITY TREASURER*S FINANCIAL STATEMENTS: The City Clerk's and City Treasurer's financial statements for the month of July were presented. Motion by Alderwoman Kilpatrick that the City Clerk's and City Treasurer's financial statements for the month of July, 1996, be approved, seconded by Alderman Marshall. Motion carried 6--0. PUBLIC BEARING - ZONE CHANGES: Cal Cumin reviewed the proposed changes and additions to the Laurel zoning ordinances. The list of changes and additions were presented to the City Council with the July 11, 1996 minutes of the City-County Planning Board. Minutes of the City Council of Laurel Page 2 Council Heating of August 20, 1996 Alderman Walton asked Cal if temporary uses in nonresidential zoning districts under Group 1, 2 and 3 are required to have paving up to their business~ such as an espresso stand? Cal stated that Group 1 temporary uses are not required to be paved because it is less than forty-eight (48) hours. Group 2 temporary uses of property continuing for longer than forty-eight (48) hours but less than thirty {30) days are also not required. Group 3 temporary uses for property continuing for longer than thirty (301 days but less than one (1) year are required to have paving of parking area, driving lanest and egress/ingress. A Group 3 temporary use structure shall be removed or become a permanent use structure by complying with the UBC codes or any federal~ state or local requirements within two {2) years of being a temporary use. Darrell McGillen stated that the code for fireworks stands, 17.49.5, which requires location outside the municipal limits of Laurel and in nonresidential zones will effect one of the city's existing fireworks stands that has been in business for several years. McFates fireworks stand is located across the street from the Cenex Refinery and north of the water plant. Cal stated he will look into it. This being the time and place advertised a public hearing was held on the zoning changes. Opponents: Ruby Hanson, 1745 West Maryland, opposes the changes that place manufactured homes in designated areas. She also opposes changing the names of mobile trailer parks to manufactured homes. Her reason for opposing it is that a trailer mobile home park is just what it implies, a place where families can live in their homes, but which they can move when it becomes necessary. This is something a manufactured home on a permanent foundation cannot do. According to the city's classification, the Class A manufactured home must have a permanent masonry foundation. The siding and exterior must be comparable to standard residential construction. She stated there are many manufactured homes in Laurel. She noted there is a federal law that requires that one cannot discriminate regarding zoning, if there is already one in an area, and Ruby stated that Laurel has many. She asked why Laurel would want to keep manufactured homes out when other cities are letting them in, for more affordable housing? She had a letter from Missoula, Helena, and Miles City stating that they allow manufactured homes and still call their mobile parks "Mobile Home Parks". She asked why anyone living in Laurel would want this zoning change? Ruby feels that the working class is being deprived of living where they want by the few that make fifty thousand or more and live in two hundred thousand or three hundred thousand dollar homes. She said Laurel is a small town of working class people who cannot afford the big expensive homes and noted that there has been a lot in the news lately regarding fair housing for rentors but what about fair housing for Laurel's working class? She told the council that if they look down on Laurel's working class and the homes they can afford, then vote for the change. Butt if they are a part of this working class and don't want to discriminate against the working class, then oppose the passing of this unjust ordinance and don't let the prejudice of a few people take from the fair housing for the rest of us. She distributed the letters from Missoula, Helenat and Miles City along with petitions with signatures of those opposing the change in zoning. Carol Penne of Laurel was present to speak on behalf of Lillian Rastings. Lillian Hastings is the owner of Block 1 and 2 in Nutting Bros. Subdivision and opposes the zoning change of manufactured homes. Lillian opposes it for the reason that Nutring Park is close by and there is already a mobile home park there which she feels is a big mistake. Carol asked if the city gets a proposal from the land owner or do they just proceed on their own? Cal explained that the Planning Board would like to expand the amount of vacant property available that is zoned for manufactured housing in the City of Laurel. They are looking around the city for logical areas to have this property. They contacted two property owners, one of which was Lillian Hastings and explained what they were considering doing. Re very clearly explained that if she does not support it, the city would not proceed further with it. The other property owner has agreed to it so they will proceed with the proposal. Minutes of the City Council of Laurel Page 3 Council Meeting of August 20, 1996 Ruby Hanson handed out pictures to the council and explained that her granddaughter and husband put a manufactured home on West Maryland. The neighbors decided that it was not quite good enough. The home was appraised by a federal appraiser from Billings. The manufactured home was appraised at a better value than half of the homes in the neighborhood. The pictures are of a $150,000.00 to $Z00,000.00 home in the neighborhood. The owner said that the manufactured home was taking $100,000.00 away from the resale of his home. Ruby stated the pictures show the way he cares for his home and said maybe his home is taking away $100,000.00 resale against the manufactured home. She stated there are other homes in the neighborhood that are not taken care of very well either. A few very elite neighbors decided that her granddaughter's home was not good enough for them. If a decision is not made tonight, Ruby requested that council members drive around Laurel and see that most of the homes are not $250,000.00 to $300,000.00 homes. Ruby can see no reason for keeping manufactured homes out of Laurel or sticking them in a park and saying it is a manufactured home park. She said there are many manufactured homes in Laurel that are very well kept up. Proponents: Cal Cumin stated that in the legislature a couple years ago, it was decided not to discriminate against manufactured housing on the basis of value. He is providing, for the record, two reasons for the discrimination. One is an overview of the manufactured housing industry as prepared by the Manufactured Housing Institute for 1994-95. It reads that for 1993, the cost per square foot for a manufactured home is $23.55 as compared to a site built home at $52.88. The second item is a letter from the Yellowstone Group Realtors stating that the value of HUD regulated manufactured housing in comparison with houses that are stick built will be between $10,000.00 and $15,000.00 less for approximately the same size of a house. Motion by Alderwoman Kilpatrick to close the public hearing, seconded by Ron Marshall. Motion carried 6--0. PUBLIC HEARING - HOME PROGRAM: This being the time and place advertised a public hearing was held on the housing rehabilitation HOME Program. Proponents: Barbara Campbell, Double Tree, spoke to the council regarding the HOME Program. The City of Laurel is entering Phase II of its Affordable Housing Project. The overall project, based on the 1995 Laurel Housing Plan, called for implementing a housing rehabilitation component directed at upgrading existing housing occupied by low and moderate income housing. The second component was creating home ownership opportunities by installation of infrastructure to a 15 lot subdivision owned by the city and capitalizing a home buyers assistance program. Phase I of the project, the housing rehabilitation component has been successfully funded with fiscal year 1995 Community Development Block Grant funds in the amount of $400,000.00 and fiscal year 1996 Housing Preservation Grant funds in the amount of $50,000.00. In addition, the rehabilitation component has a commitment of funds totaling $105,000.00 from local banks. Phase I has begun and is doing well with houses under construction now. The council received a status report for the project. One of the situations identified in Laurel was a very large need for rental units. It was clear that because there were not many housing units on the market for sale, these people were looking for rentals instead of looking for houses. By helping individuals into a situation where they can buy a home, it will create a rental market. Phase II of the project will be applying for HOME funds to provide home buyer assistance. The project will assist in funds for down payments in situations where the cost of housing is so high that people can't afford the mortgage. It will help these people get into a homeowner position. The projected amount from mortgage lenders was $1,225,020.00 and will probably exceed that by 1/2 to 3/4 of a million dollars in the mortgage pool. So where they thought they could assist 18 to 20 home buyers, they will be able to assist up to 30 home buyers. The HOME Program requires a local match. The program will accept in kind labor, use of equipment, manpower. land. and etc. in ]i~,, ~f Minutes of the City Council of Laurel Page 4 Council Meeting of August 20, 1996 The program will assist in purchase/rehabilitation and will provide assistance to low and moderate income buyers at an average purchase price of $72,000.00. The amount of assistance will be based on each applicant's income level with an overall average amount of assistance estimated to be $26,000.00 with an estimated $10,000.00 to be used for down payment assistance and the balance of $15,000.00 for rehabilitation activities to meet FHA and Section 8 housing standards. The HOME assistance will be secured with a second mortgage security position behind a first mortgage lender. The second component is for purchase/new construction. It is anticipated that five home buyers will purchase and or construct new housing units at an average price of $94,000.00. The houses will be constructed on five of the 15 city owned lots in the Cherry Hills subdivision, each lot having a value not less than $10,000.00. The HOME funds will assist these low and moderate income buyers with down payment assistance in an amount not to exceed $15,000.00. The amount of down payment assistance will be determined by the income level of the buyer and conditions of the first mortgage lender. The HOME assistance and the value of the land contribution will be secured with a second mortgage security interest behind the first mortgage lender. The third component is infrastructure. The City of Laurel has committed to constructing water and sewer lines through a 15 lot city owned subdivision. The application deadline is September 15, 1996. A resolution will be required to allow the Mayor to execute the necessary documents to submit the application. The resolution will be on the agenda for the September 3, 1996 City Council meeting. Opponents: None Motion by Alderman Kroll to close the public hearing, seconded by Alderman Walton. Motion carried 6--0. AUTHORIZING MAYOR AND CITY CLERK TO SIGN SID 110 BONDS: RESOLUTION NO. R96-40 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE BONDS OR NOTE(S) FOR SPECIAL IMPROVEMENT DISTRICT NO. 110 Motion by Alderman Marshall that Resolution No. R96-40 be passed and adopted, seconded by Alderman Johnson. Motion carried 6--0. RESOLUTION NO. R96-41 A RESOLUTION LEVYING AND ASSESSING DISPOSAL FEES AT THE CITY OF LAUREL CONTAINER SITE IN ACCORDANCE WITH ORDINANCE NO. 8.08.020 Jim Flisrand commented on the container site fees. It was suggested that the public be notified of fees by mailing a stuffer with the water bills. Motion by Alderman Kroll that Resolution No. R96-41 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 6--0. ORDINANCE NO. 096-4 (first reading) SALARY OF THE CITY JUDGE Motion by Alderwoman Kilpatrick that Ordinance No. 096-4 (first reading) be passed and adopted, seconded by Alderman Kroll. A roll call vote was taken and all aldermen voted "YES". Motion carried 6--0. COMMITTEE REPORTS: --Board of Adjustment Committee minutes of August 13, 1996 were presented. Motion by Alderwoman Kilpatrick to enter the Board of Adjustment minutes of August 13, 1996, into the record, seconded by Alderman Walton. Motion carried 6--0. Minutes of the City Council of Laurel Page 5 Council Meeting of August 20, 1996 --Budget/Finance Committee minutes of August 6, 1996 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Budget/Finance Committee minutes of August 6, 1996, into the record, seconded by Alderman Johnson. Alderman Walton asked if the requisition for $7,330.00 to recondition and rebuild the refinery pump in the water fund has been done before? Dave Michael stated that previous pump expenses were for a different pump. A vote was taken on the motion. Motion carried 6--0. --Budget/Finance Committee minutes of August 12, 1996 were presented and reviewed. Motion by Alderwoman Kilostrick to enter the Budget/Finance Committee minutes of August 12, 1996, into the record, seconded by Alderman Johnson. Motion carried 6--0. --City Council Committee of the Whole minutes of August 6~ 1996 were presented. Motion by Alderman Marshall to enter the City Council Committee of the Whole of August 6, 1996, into the record, seconded by Alderman Kroll. Alderman Walton mentioned there was an error in the minutes. The minutes stated Mike reported on the conditions of Railroad Street but he (Miles) was the one who said it. A vote was taken on the motion. Motion carried 6--0. --City-County Planning Board minutes of August 8, 1996 were presented. Due to lack of a quorum, the meeting was not held. --Laurel Airport Authority minutes of July 23, 1996 and July 25, 1996 were presented. Motion by Alderman Marshall to enter the Laurel Airport Authority minutes of July 23, 1996 and July 25, 1996, into the record, seconded by Alderwoman Kilpatrick. Motion carried 6--0. --Laurel Local Governmental Review Commission minutes of August 5, 1996 were presented and reviewed. These minutes are for informational purposes only. Motion by Alderman Marshall to enter the Laurel Local Governmental Review Commission minutes of August 5, 1996, into the record, seconded by Alderman Johnson. Motion carried 6--0. --Street/Alley & Solid Waste Committee minutes of August 15, 1996 were presented and reviewed. Motion by Alderman Easton to enter the Street/Alley & Solid Waste Committee minutes of August 15, 1996, into the record, seconded by Alderman Johnson. Discussion regarding the request from West School for a 15 minute parking restriction on West 6th Street adjacent to the school. Mike Zuhoski didn't feel there would be a problem with giving approval for this request. Concern was expressed about the possible hardship to the neighborhood if teachers park in the residential areas. Joe Leckie explained there is no need for a resolution and approval can be given by council vote. Motion by Alderman Easton to allow 15 minute parking on the south side of West 6th Street, seconded by Alderman Johnson. Motion carried 6--0. A vote was taken on the motion to enter the committee minutes into the record. Motion carried 6--0. COMMENTS FROM THE AUDIENCE: Alderman Walton requested a Public Utilities Committee meetin~ on Au2ust 29. Minutes of the City Council of Laurel Page 6 Council Meeting of August 20, 1996 Cal Cumin stated the City-County Planning Board has a vacancy since Chuck Dickerson moved. Chuck Dickerson was a city representatives by council for term of office. Mayor Rodgers asked if there was a council member that would like to be on the Planning Board? Alderman Walton volunteered to fill the vacancy. Mayor Rodgets appointed Alderman Walton to the City/County Planning Board as a city representative, by council for term of office. Motion by Alderman Johnson to approve the appointment of Alderman Walton to the City/County Planning Board as a city representative, by council for the term of office, seconded by Alderman Marshall. Motion carried 6--0. Louis Rodriquez - ReQuesting City Water and Sewer Service: Louis Rodriquez, 220-5th Avenue, owns property on West 9th Street. The 7 1/2 acres are on Tract 1-B. He is requesting city water and sewer service to his land without annexing into the city. He said there is water and sewer service near his property and will reach to where he wants to build. He wants to build his house 150 feet west and 200 feet north. The 7 1/2 acres will be a single family dwelling. There is a manhole in the middle of the street and in front of the property. He is asking the council for direction on how to proceed. Cal Cumin commented that the city has a policy of not extending water and sewer beyond the city limits. Cal understands that Louis doesn't want to annex 7 1/2 acres with one house. He advised Louis to split the lot and annex a city block or area needed to include the house. Louis stated other areas in town have city services and are not in the city limits. He stated that he cannot afford to annex into the city and provide curb, gutter, and etc. He said he would maintain all the set+ice lines and there would be no cost to the city. Cal explained that other areas are grandfathered in and this is why there are existing ordinances to enforce our codes. Cal suggested he annex one block into the city. If Louis wanted to annex less than one blocky then he would have to ask permission from the council. The land is adjacent on two sides by the city, on West 9th and the side next to the church. MAYOR'S COMMENTS: Mayor Rodgers directed the council to take action on the resignation from Alderman Ninth, effective August 20, 1996. Motion by Alderman Johnson to accept the resignation of John Minch effective August 20, 1996, seconded by Alderman Easton. Motion carried 6--0. There being no further business to come before the council at this time, the meeting was adjourned at 8:24 p.m. Catherine Gabrian, Deputy City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 3rd day of September, 1996. Attest: Donald L. Hackmann, City Clerk Charles Ro~ger/~s,/~'~'~''