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HomeMy WebLinkAboutCity Council Minutes 01.04.2000 MINUTES OF THE CITY OF IAUR! L January 4, 2000 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 January 4, 2000. COUNCIL MEMBERS PRESENT: Lauren Van Roekel Gary Temple Ken Olson Norman Orr Gay Easton Bud Johnson Bill Staudinger COUNCIL MEMBERS AB SENT: Mark Mace Judge Jean Kerr conducted the swearing in ceremony for the new aldermen: Lauren Van Roekel, Ward 1; Gay Easton, Ward 3; Bud Johnson, Ward 4. Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. Alderman Johnson introduced three guests who attended the council meeting: Sheryl McDermott and Jack Johnson, members of the Billings City Council, and Bill MeGill, the Assistant City Manager for the City of Billings. Mayor Rodgers welcomed them to the council meeting. MINUTES: Motion by Alderman Johnson to approve the minutes of the regular meeting of December 21, 1999, as presented, seconded by Alderman Staudinger. Motion carried 7-0. CORRESPONDENCE: Western Heritage Center: Memo of December 6, 1999 regarding "Cultural Heritage Tourism in the Yellowstone Region." Mayor Rodgers stated that Debbie Ricci might attend the site visit in West Virginia. PUBLIC HEARINGS: a. Annexation of park property in Nutting Subdivision from Yellowstone County. Mayor Rodgers opened the public hearing. Mayor Rodgers asked if there were any proponents. There were none. Mayor Rodgers asked if there were any opponents. There were none. Motion by Alderman Orr to close the public hearing, seconded by Alderman Olson. Motion carried 7-0. b. Ordinance No. 099-27: Ordinance amending the requirements for home occupations. Mayor Rodgers opened the public hearing. Mayor Rodgets asked if there were any proponents. John Oakes, 2317 East Maryland, stated that the wording of the home occupation ordinance should be very important. He stated that some companies on the Dow Jones Stock Exchange started out in someone's garage, but before they graduated from that garage, they usually caused a strain on their community. If the ordinance is not worded properly, Mr. Oakes stated that people would take advantage of a loophole to use it to their advantage. Mr. Oakes' neighbor has a home occupation permit and is currently running a concrete business out of his home. The machinery is stored in his yard, but all of the work is done at different locations. MINIIT! S OF THE CITY COtTN( !L OF I. AIIR! L January 4, 2000 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 January 4, 2000. COUNCIL MEMBERS PRESENT: Laurel Van Roekel Gary Temple Ken Olson Norman Orr Gay Easton Bud Johnson Bill Staudinger COUNCIL MEMBERS ABSENT: Mark Mace Judge Jean Kerr conducted the swearing in ceremony for the new aldermen: Lauren Van Roekel, Ward 1; Gay Easton, Ward 3; Bud Johnson, Ward 4. Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. Alderman Johnson introduced three guests who attended the council meeting: Sheryl McDermott and Jack Johnson, members of the Billings City Council, and Bill McGill, the Assistant City Manager for the City of Billings. Mayor Rodgers welcomed them to the council meeting. MINUTES: Motion by Alderman Johnson to approve the minutes of the regular meeting of December 21, 1999, as presented, seconded by Alderman Staudinger. Motion carried 7-0. CORRESPONDENCE: Western Heritage Center: Memo of December 6, 1999 regarding "Cultural Heritage Tourism in the Yellowstone Region." Mayor Rodgets stated that Debbie Ricci might attend the site visit in West Virginia. PUBLIC HEARINGS: a. Annexation of park property in Nutting Subdivision from Yellowstone County. Mayor Rodgets opened the public hearing. Mayor Rodgets asked if there were any proponents. There were none. Mayor Rodgets asked if there were any opponents. There were none. Motion by Alderman Orr to close the public hearing, seconded by Alderman Olson. Motion carried 7-0. b. Ordinance No. 099-27: Ordinance amending the requirements for home occupations. Mayor Rodgets opened the public hearing. Mayor Rodgets asked if there were any proponents. John Oakes, 2317 East Maryland, stated that the wording of the home occupation ordinance should be very important. He stated that some companies on the Dow Jones Stock Exchange started out in someone's garage, but before they graduated from that garage, they usually caused a strain on their community. If the ordinance is not worded properly, Mr. Oakes stated that people would take advantage of a loophole to use it to their advantage. Mr. Oakes' neighbor has a home occupation permit and is currently running a concrete business out of his home. The machinery is stored in his yard, but all of the work is done at different locations. Council Minutes of January 4, 2000 The owner only does the bookkeeping for the business in his home. John asked the council to pay close attention to the wording of ordinances so that there are no loopholes. Mayor Rodgers asked if there were any opponents. There were none. Motion by Alderman Staudinger to close the public heating, seconded by Alderman Temple. Motion carried 7-0. Mayor Mayor Mayor c. Ordinance No. 099-28: Ordinance regulating the use and placement of telecommunications towers and antennae. Rodgets opened the public hearing. Rodgers asked if there were any proponents. There were none. Rodgets asked if there were any opponents. There were none. Motion by Alderman Staudinger to close the public heating, seconded by Alderman Olson. Motion carded 7-0. CONSENT ITEMS: a. Claims for the month of December 1999 in the amount of $606,253.47. b. Committee Reports. --Budget/Finance Committee minutes of December 20, 1999 were presented. --City Council Committee of the Whole minutes of December 21, 1999 were presented. --Public Works Committee minutes of December 20, 1999 were presented. --Emergency Services Committee minutes of December 27, 1999 were presented. The mayor asked if there was any separation of consent items. There was none. Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Orr. Motion carried 7-0. SCHEDULED MATTERS: a. Confirmation of Appointments. Mayor Rodgets appointed Stanley Langve as a police officer for the City of Laurel with a one-year probationary period. Motion by Alderman Johnson to confirm the appointment of Stanley Langve as a police officer for the City of Laurel, with a one-year probationary period, seconded by Alderman Orr. Motion carried 7-0. b. Ordinance No. 099-27: Ordinance amending the requirements for home occupations. Second reading. Motion by Alderman Johnson to approve Ordinance No. 099-27 as amended, seconded by Alderman Orr. Alderman Johnson explained that an individual who had information to present arrived too late for the public hearing of this ordinance. Alderman Johnson stated that this ordinance was amended at the council meeting on December 21, 1999. The wording in Section 17.52.030.A3 was changed from "If the activity" to "All the activity". Alderman Johnson stated that there is presently no means of evaluating home occupations once they have been approved. Bud suggested that the Public Works Department, the Police Department, and the Fire Department should be involved in the process of home occupation approval. Council Minutes of January 4, 2000 Alderman Temple asked about the possibility of allowing Ed regarding home occupations. Thurner to address the council Motion by Alderman Olson to postpone the council vote on Ordinance No. O99-27 until the council meeting on January 18, 2000, seconded by Alderman Johnson. Motion carried 7-0. Motion by Alderman Temple to open the floor to Ed Thurner to speak regarding home occupations, seconded by Alderman Staudinger. Motion carried 7-0. Ed Thurner, a two-year member of the City-County Planning Board, stated that his personal policy is to vote against home occupations. In order to maintain small town character, he stated that businesses should be located in the downtown area. He encouraged the council to do whatever is necessary to restrict home occupations, as he feels that the essence of Laurel should be located downtown. Mr. Thurner suggested that someone should inventory the present home occupations within the city. Alderman Johnson asked Mr. Thurner if other city departments should be involved in the approval of home occupations. At the present time, home occupation requests go directly to the Planning Board for consideration. Mr. Thurner explained that many decisions considered by the City-County Planning Board should not even reach that board, but an appropriate department should consider it based on specific criteria. Mr. Thurner suggested that the Planning Board's time would be better spent on planning issues. Cal Cumin requested permission to discuss this issue at the next Planning Board meeting. Cal stated that the amended wording of the proposed ordinance does not make sense or provide further clarification. Cat said that the real problem is the need for a method to monitor and enforce the requirements of home occupations. The City of Laurel does not have the resources to do that, so we operate on a complaint only basis. Cal was unaware of the cement contractor's violation and will address the situation by writing a letter. If the situation is not resolved, the city attorney will become involved. CO Ordinance No. O99-28: Ordinance regulating the use and placement of telecommunications towers and antennae. Second reading. Motion by Alderman Johnson to approve Ordinance No. O99-28, seconded by Alderman Orr. A roll call vote was taken on Ordinance No. 099-28. Six aldermen present voted aye, and Alderman Van Roekel requested to pass on the vote, as it was his first council meeting. Motion carried 6-0. d. Kerwin Jensen, Planning Director. Kerwin Jensen, the Planning Director for the City of Billings, distributed some information regarding the Yellowstone County Planning Department. An inte~ocal agreement between the City of Billings, the Town of Broadview and Yellowstone County was approved in 1984. A county planning board was formed at that time to provide the planning services for that area. The county planning board includes one representative from each of the five wards in the City of Billings and the other seven members are from various parts of the county. The planning board's jurisdiction includes the entire area. of Yellowstone County, except the Laurel planning jurisdiction and the Crow Indian Reservation. Planning jurisdiction differs from zoning jurisdiction. The zoning jurisdiction encompasses the city limits of Billings and the four and one-half mile area outside the city limits, which comprises its extra territorial zoning jurisdiction. Beyond that county zoning jurisdiction, there is no zoning, with the exception of some special zoning districts where residents have requested a form of land use control in their area. Special zoning districts are currently located in the Shepherd area, the Duck Creek area, on Thiel Road, and near Molt. Mr. Jensen explained a city/county planning organizational chart and the responsibilities of each division. He also presented a list of the Yellowstone County Planning Department employees and their assignments and discussed the sources of funding for the positions. Mr. Jensen explained that zoning enforcement is done on a complaint only basis in the City of Billings, and two full-time enforcement officers fulfill these responsibilities. Council Minutes of January 4, 2000 The Yellowstone County Planning Department's recent special projects/priorities list was briefly reviewed. The Laurel Planning jurisdiction receives about $19,500 from the county mill levies for planning services. The Billings Planning Department could provide a half-time position, including salary and benefits, for planning services for that amount of money. Mr. Jensen emphasized the importance of having the Laurel Planning Department and the Billings/Yellowstone County work together. The West Billings Master Plan is being developed, and as Laurel continues to develop toward the east, the planning needs to be coordinated. There was discussion regarding how the two planning jurisdictions could work together more effectively. Mr. Jensen suggested that sharing agendas and sending notification of subdivisions to provide information would be helpful and necessary. Because there is no zoning where the planning jurisdictions meet, problems are possible. Without zoning and land use control, it is a difficult issue. The West Billings Master Plan has suggested that the City of Billings should extend their zoning jurisdiction out to match the western boundary of the planning jurisdiction. Mr. Jensen suggested that perhaps the City of Laurel should extend their zoning jurisdiction out further east. It has been stated that the West Billings Master Plan is being developed too late and should have begun even thirty years ago. Mr. Jensen agreed that it is too late to designate the land use in that area for farming and agriculture as the land is being bought at farmer's prices and sold at developer's prices. Farmers need much larger parcels of land than are available in that area. There was discussion regarding the need for water and sewer services in the area of the West Billings Master Plan. Services have only been extended into areas that have been annexed into the city limits, thereby being contiguous to the City of Billings. They are now considering the possibility for a subdivision that is not annexed to receive city services if the developer agreed to pay for 'the services to be extended and signed a waiver of protest for future annexation. Bill McGill stated that extending services to property that is not annexed into the City of Billings is not a set policy, but they are considered on a case-by-case basis similar to a special review process. The Public Utilities Department would consider such an area as a water district. The waiver of protest could be a problem for future property owners who were unaware that their property could not be annexed into the city. Joe Leckie explained that this particular issue is currently being addressed in Whitefish. Cal Cumin explained that the waiver should be included in the deed restriction. Cal Cumin explained that the issue of sprawl is a major reason for the City of Billings to provide services to areas outside of the city limits. Without these services, the lots need to be about one acre in size in order to provide water and sewer. Sprawl is more easily controlled when a utility system is available. Without a concentrated utility system, the water source could become contaminated as more septic fields are placed in the area and there is the possibility that the aquifer could be affected. Mayor Rodgers thanked Kerwin Jensen for his presentation. UNSCHEDULED MATTERS: There being no further business to come before the council at this time, the meeting was adjourned at 8:01 p.m. Cindy Allet~Secretary Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 18th day of January, 2000. Charles G. Rodgers, Ma~j Attest: ~ton, Clerk-Treasurer