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HomeMy WebLinkAboutCouncil Workshop Minutes 11.12.2013 MINUTES COUNCIL WORKSHOP NOVEMBER 12, 2013 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at 6:30 p.m. on November 12, 2013. COUNCIL MEMBERS PRESENT: Emelie Eaton _x Doug Poehls _x Bruce McGee x Mark Mace _x Scot Stokes x Chuck Dickerson _x Tom Nelson x Bill Mountsier OTHERS PRESENT: Heidi Jensen, CAO Dan Koch Monica Plecker, City Planner Dick Fritzler Steve Zeier, Zeier Consulting Kathy Siegrist 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. Executive Review: • Resolution — Zimmerman variance request (PH on November 19, 2013) Monica Plecker reviewed the staff report regarding the variance request in relation to fence heights. Joe and Aletta Zimmerman submitted an application requesting a variance to exceed the maximum fence height for their property located at 802 1 Avenue, which is currently zoned Residential 7500. The Zimmermans are requesting a variance from Laurel Municipal Code 17.48.050. A site plan and a letter accompanied the application. Monica explained that in R -7500 per LMC 17.48.050, "fence height in front yards shall not exceed three (3) feet except as noted in (a) below." (This was an attachment with the ordinance when it was adopted.) "Side and rear yard fence heights in these same zones shall not exceed six (6) feet; on corner lots adjacent to a street, houses with a front yard facing a side street (or at 90 degrees, approximately, from the adjacent front lots), and with a side yard or back yard adjacent to a front yard in the same block shall not have a back yard fence higher than three (3) feet where adjacent to a front yard, or a side yard fence paralleling the street higher than three (3) feet except as noted in (a) below." Monica explained that there are basically two fronts on a corner lot because there is street frontage on both sides. The ordinance is written so it cannot exceed three (3) feet on corner lots. Council Workshop Minutes of November 12, 2013 Monica stated that the fence has already been constructed. Laurel Municipal Code 17.20.010 states that no person shall erect, construct, enlarge or replace any fence until a fence permit for such work has been issued by the building department. Per LMC 15.20.020, Building Official Gary Colley issued a written notice of the violation on July 10, 2013. Once the applicants were notified of the violation, they spoke with Gary and Monica and were adamant that they did not want to tear the fence down. As a way to potentially remedy the situation, staff turned the issue over to the Planning Board and the city council for a decision. The applicant presented their case at the Planning Board meeting. The Planning Board was concerned that the applicants knew they could not build a fence and chose to build it anyway. The applicants came in, requested a building permit, showed Gary what they planned to do, and Gary denied them a building permit as per the ordinance. They chose to build the fence anyway. There was lots of discussion at the Planning Board meeting, but once the Planning Board moved past that, the discussion went to the location of the fence. The code enforcement officer measured and determined that there are no issues with clear vision on the alley or at the intersection of First Avenue. The Planning Board discussed that the Ricci's property was not always commercial property, as it was zoned residential prior to the citizens voting it to be rezoned. The Planning Board discussed the increase in pedestrian and vehicle traffic since the Ricci's property was rezoned to commercial property. After that discussion, the Planning Board voted 5 -1 to approve the variance. Monica stated the one staff condition that, if the variance was granted, that the applicant shall apply and pay for a fence permit immediately. There was a lengthy discussion regarding fence heights, the current ordinance, setbacks on corner lots with two frontages, clear vision requirements, chain link fence requirements, other properties within the city that have fences in violation of city code, the need for the council to review the current ordinance, and the request to add the review of the codes to the November 19 council workshop agenda. Mayor Olson noted that all of the city's ordinances were adopted by a city council and were thought to be the standard to meet all possible configurations at that time. As the city grows, not all ordinances are updated to suit the changing environment and need to be addressed when needed. Scot stated that the applicant could have asked for a variance before he decided to build the fence, which is Scot's biggest problem with the issue. Monica agreed that the applicant was told he could apply for a variance when his requested fence permit was not issued. Gary always tells individuals of their option to apply for a variance from the council. The Planning Board discussed the issue at length, but once they moved past that, the board felt that the commercial property created a special and peculiar situation, which is one of the criteria to grant a variance. The board also thought the commercial property was an unjust invasion on their right to privacy. Mayor Olson stated that the staff presented input on the issue tonight and the public will have an opportunity to speak at the public hearing next Tuesday. 2 Council Workshop Minutes of November 12, 2013 Monica stated that public comment was received at the Planning Board's public hearing. The applicants and several people plan to attend next week's meeting. • Resolution — Growth Management Plan (PH on November 19, 2013) Monica recently gave a PowerPoint presentation on the Growth Management Plan (GMP). She explained the multi -step process for the Growth Management Plan, which will begin with a public hearing and a resolution of intent to adopt the new Growth Policy on November 19` The public hearing will continue to the council meeting on December 3` followed by a resolution to adopt the Growth Management Plan. Legal counsel has advised to leave the public hearing open through December 3` to encourage more public participation in addition to what has already been received. Monica mentioned that there have been several opportunities for public comment, including the numerous small group meetings and the Planning Board's public hearing, but no public comment has been received. If there is increased public participation in the next couple of weeks, Monica stated that there would be an opportunity for amendment of the Growth Policy once the Transportation Study is completed next spring, as Chapter 7 in the GMP is reserved for transportation. Since the city has not had a Growth Policy for so long, it is important to keep the process moving. There was discussion regarding the state statute that requires review of the GMP every five years, the opportunity to amend the GMP in the future, and the benefits of having an updated GMP when applying for grants. Mayor Olson stated that the public hearing on the Growth Management Plan is on next week's council agenda. • Resolution — Contract with Zeier Consulting Heidi mentioned that she recently updated the council regarding the Laurel Urban Renewal Agency and the direction that staff thought would be most beneficial to them. She spoke regarding Steve Zeier, of Zeier Consulting, and the economic development support that he could provide to the TIF District. If the TIF District wants to succeed, it needs someone to help set and achieve goals and staff thinks that Zeier Consulting would be able to do that. Heidi, Sam Painter and Steve Zeier met to draft a contract that would be beneficial for Steve and the city. The contract has standard language and includes a 30 -day clause if the contract needs to be dissolved. Heidi would be the main contact for the consultant and the planning department would also work with him. The part-time contract is for 1,040 hours per year for three years in order to complete a master plan, implement the master plan, and get the master plan rolling. The consultant will provide detailed billing information so Heidi knows exactly where the time is spent and what projects should be achieved in what order. There was discussion regarding compensation, how the billing would be presented to the Budget/Finance Committee, the need to track the number of hours used versus the remaining hours, and the determination of 1,040 hours for the contract. Heidi explained that they decided what the TIF District could afford, a fair amount based on the current market value, and how many hours would be necessary to complete the work. Not all of 3 Council Workshop Minutes of November 12, 2013 the work in the TIFD will need to be handled by the consultant. Monica and Heidi will still work on the small projects and the facade and technical assistance grants and everyday questions will be handled through staff. Getting the master plan going, getting some building standards established, and moving the large projects along in the TIFD will be handled through the consultant. Steve Zeier introduced himself and stated that he recently organized Zeier Consulting to provide community and economic development services to communities in Yellowstone County and the State of Montana. The Laurel Tax Increment Finance District, or the Laurel Urban Renewal District, is about six years old and he was involved in the creation of the project. He stated that it is time to take the urban renewal district to the next level. Tom, Doug, Mark and Mayor Olson spoke very positively regarding the choice to have Steve Zeier be the consultant for the Laurel Urban Renewal Agency. Steve said he is very excited to work with the Laurel Urban Renewal Agency board again. • Council Issues: o Lease Task Force update Heidi had nothing new to report, as a contractor is still needed to reconstruct the buildings after remediation is completed. There was a question regarding whether the Rifle Club is utilizing the building. Heidi thinks that the Rifle Club is utilizing the building except for the restrooms, which are posted as temporarily out of order. Remediation work is needed throughout the building, but the bathrooms are the main concern that would prohibit the use of the facility. Tom stated concern about the use of the building without having a lease in place. Heidi suggested contacting Iry Wilke to find out if they are using the facilities. Any information regarding contractors should be submitted to Heidi. o Update on 2011 Yellowstone River flooding event Heidi stated that the construction on the south bank is moving forward and should be almost fmished in the next thirty days. In today's call with FEMA, Great West provided additional information on where they are headed with the final solution. By the end of the year or the beginning of January, Great West should have a more definitive final solution. Heidi's concern is that there will be the same problem that happened with the recommended solution of the W weir that was not permitted. She does not want to proceed much further until the agencies are contacted and the viable solutions are vetted through them. Heidi was assured that the project will be constructed in the fall of 2015 and close in 2016. Other items 4 Council Workshop Minutes of November 12, 2013 There were none. Review of draft council agenda for November 19, 2013 • Public Hearings: o Zimmerman variance request o Growth Management Plan This public hearing will be continued to December 3' in order to receive public input. o Ordinance No. 013 -03: An ordinance amending Title 6 of the LMC entitled "Animals ". (First reading — 11/05/2013) Attendance at the November 19, 2013 council meeting Chuck and Tom will not attend. Announcements Mark stated that the Public Works Committee will meet on Monday, November 18 at 5:30 p.m. Chuck asked regarding the letter from the Markegard family regarding a donation in memory of Lois Markegard. There was discussion regarding use of the donation and the marker that will be placed in her memory. Tom stated that the agenda would be sent out this week for the Cemetery Commission's meeting on December 19 in order to provide sufficient time for city staff to gather the information needed for the commission to set priorities and goals for attainable projects for the next few years. Bruce stated that the council would like to be kept up -to -date on the proposed annexation of Main Street between Alder and Locust Avenues when information is available. Mayor Olson stated that there is going to be a discussion on the interstate closures and a map that indicates the closures. The west interchange is going to present some access issues for emergency responders when construction starts in 2017. The city is trying to have meetings with MDOT to address the known issues. Mayor Olson has the latest map that the fire department is using and will distribute it at the next council workshop. Mayor Olson applauded the council on the consideration of the fence height variance and the need to have staff review and recommend changes to ordinances. After a recent variance regarding percentage of lot coverage, staff charged the City - County Planning Board to look at the ordinance to see if changes needed to be recommended to the city council. Recognition of Employees • John Volmer — 28 years of employment on November 29 • Geralyn Stevens — 23 years of employment on November 19 • Mark Guy — 19 years of employment on November 12 5 Council Workshop Minutes of November 12, 2013 • Neva Hall — 19 years of employment on November 14 • Susan Canape — 18 years of employment on November 10 • Jay Hatton — 15 years of employment on November 4 • Travis Pitts — 14 years of employment on November 13 • Monica Salo — 12 years of employment on November 2nd • Jessica McCartney — 6 years of employment on November 1St • Roy Voss — 4 years of employment on November 9 • Jason Shovar — 1 year of employment on November 13 Mayor Olson recognized the employees on the list and stated appreciation for their years of loyal service to the City of Laurel. He encouraged the council to also thank the employees for their service if there was an opportunity. The council workshop adjourned at 7:33 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. 6