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HomeMy WebLinkAboutCity Council Minutes 04.17.2001MINIJTES OF THE CITY ( OIJNCIL OF LAUREL April 17, 2001 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 7:02 p.m. on April 17, 2001. COUNCIL MEMBERS PRESENT: Lauren Van Roekel Ken Olson Gay Easton Bill Staudinger Gary Temple Mark Mace Daniel Dart Bud Johnson COUNCIL MEMBERS ABSENT: None Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. MINUTES: Motion by Alderman Staudinger tO approve the minutes of the regular meeting of April 3, 20011 as presented, seconded by Alderman Temple. Motion carried 8-0. CORRESPONDENCE: Montana Department of Commerce: Memo 0fMarch 26, 2001 regarding Preliminary Engineering Grants available through the Treasure State Endowment Program. Montana Fish, Wildlife & Parks: Letter of March 30, 2001 regarding Grants from Land & Water Conservation Fund. Mayor Charles G. Rodgers: Letter of April 4, 2001 to Gus Byrom regarding CDBG Technical Assistance Grant #MT-CDBG-99TA-11 Request to Redirect. Yellowstone County Alt Pollution Control Board: Minutes of March 13, 2001; Activity Report for March 2001; Agenda for April 10, 2001. Jeanne Matthews Bender: Letter of April 13, 2001 regarding Communications Tower Application. PUBLIC HEARINGS: Mayor Rodgers stated that twenty minutes would be allowed for each public hearing. He instructed the council to discuss the information at the end of each public hearing before the public hearing closed. Matt Erekson read parts of the ordinance concerning public hearings for the council's information. The votes on these public heatings would be scheduled for the next council meeting unless there was a motion and a unanimous vote by the council to place the item on this agenda. a. Annexation and zone change of Certificate of Survey #49. Mayor Rodgers opened the public hearing. Mayor Rodgers asked if there were any proponents. Brad Dillon, P.O. Box 1529, Red Lodge, Montana, has a buy-sell agreement on this property. He proposes to build a 32-unit affordable housing complex on the property. The State of Montana requires him to submit proof of zoning and annexation approval by April 27th. In order to comply with this deadline, Mr. Dillon needed council approval at this meeting. Brad Dillon presented pictures of the 32-unit apartment complex that was built in Red Lodge. The plans and general layout that were submitted with this annexation and zone request would emulate this project. He stated that the recent community survey in Laurel showed that there is a need for affordable housing. This program is in place for a minimum of fifteen years before it goes to market Council Minutes of April 17, 2001 rent rates, and the rates are set by the state. It is a federal program that is administered by the state, and it is based on the median income for the county. After extensive review, Mr. Dillon decided that this property would be viable for the project. There are many other hurdles to be crossed before the project could begin. Mayor Rodgers asked if there were any other proponents. Steve C. fillett, 315 East Maryland, is the present owner of the property. Steve and his family have lived in affordable housing, and he felt that it was beneficial for them. He stated that tenants learn respect for the property when the units are well kept, and the children would have places to play at this location. He stated that this would be a good project for the community and the residents. Mayor Rodgers asked if there were any other proponents. There were none. Mayor Rodgers asked if there were any opponents. Keith Metzger, 610 Cottonwood, spoke on behalf of his parents who live at 215 East Maryland, adjacent to the Gillett's property. Mr. Metzger raised some questions regarding the possible effects to city services: volume of pressure available at the end of the water line to support 32 additional units; how much additional water usage and the affects on other area residents; the size of the sewer line with the additional usage; increased number of garbage cans and pick-up service in the area; mn-off water in the parking lot; increased traffic; difficult access because it would be a dead end. Keith stated concerns regarding liability because of the animals, the creek, and the drain ditch that are located close to this property. He questioned whether the city or the county would enforce problems. Keith stated that property values and crime would be great concerns. Mayor Rodgers asked if there were any other opponents. Darrell Magnus, 1131 Colorado Avenue, owns property above the drain ditch. Mr. Magnus has a firewood business, and he is concerned about the possible liability caused because his firewood business is located close to this property. He expressed concern that this situation would drive him out of business. Mr. Magnus stated that tenant turnover would be a concern. He also expressed concern regarding subdivisions becoming fenced islands, and he stated that fences do not deter children from getting out of the fence. Mayor Rodgers asked three times if there were any other opponents. There were none. Mayor Rodgers told the council to discuss and ask questions at this time. With approval of the annexation and zone change request, city water, sewer, and garbage services would be extended to this housing development. The annual taxes on the property would be approximately $18,000. There is no legal floor on the rental rates for tenants, but the $850,000 mortgage would be an incentive for Mr. Dillon to require all tenants to pay regular rent in order to meet the payments. Mr. Dillon has several more issues, mostly financing issues, to address before this project could begin. Cai Cumin explained that annexation of this and surrounding properties would correct a long- standing problem regarding city services to properties that are outside the city limits. Cai explained that concerns regarding water, sewer, and garbage services would be addressed through the building permit process and standardized codes would be followed. By annexing this property into the city before construction, the City of Laurel would have jurisdiction over the building process. Cai stated that this application does meet the requirements of the city's comprehensive plan. This is a transition area, and this application is a sign of the process of growth and change within the city. Alderman Johnson asked regarding the need to have a public hearing when there is a single property owner. Since this was a single property owner, with 100% petition for annexation, the public hearing could have been waived. However, because of the nature of the project and concern of adjacent property owners, the public hearing was held. Concern was expressed that complaints would be received from tenants because of the business presently located adjacent to the property. Tenants would need to realize that the business was located there first. Council Minutes of April 17, 2001 Cai stated that the businesses on Maryland have city services, whether or not they are in the city limits. There are mixed uses in that area including residential, multi,family, and commercial. Mr. Metzger clarified that everything west of his parents' property has city services, but they only have city water in the house and no services in the business. Mr. Gillett's property has city water but does not have city sewer. Everything to the south and west receive full city services. City Attorney Matt Erekson read a letter received from Don L. Kinney, Kinney Consulting Services, regarding his association with Brad Dillon during development of thirty-two affordable housing units within the City of Red Lodge. The letter stated, "Mr. Dillon and his group were very professional in all aspects of this difficult business/community development transaction. The development has satisfied all the conditions of approval and is an asset to the community. I believe the City of Laurel will have a positive relationship with this firm and will also enjoy the benefits of the proposed affordable housing units in your community." Brad Dillon stated that wording in the tenant lease would explain the potential hazards regarding the adjacent property owners, and fines would be given for pets that were running loose. Although Brad cannot guarantee it, he stated that the affordable housing units are often rented to elderly people or young couples without children. Brad stated that the issues would be addressed throughout the building process. George Metzger asked if Brad would be there twenty-four hours a day to enforce his tenant agreement. He expressed concern regarding children and pets that would get on his property and bother or destroy his animals. Mayor Rodgers asked if there was any other council discussion. Motion by Alderman Temple to place the request for annexation and zone change of Certificate of Survey/~49 on this agenda, seconded by Alderman Dart. Motion carded 8-0. The request for annexation and zone change was placed under Unscheduled Matters, item a., on the agenda. Motion by Alderman Temple to close the public hearing, seconded by Alderman Johnson. Motion carried 8-0. Mayor Rodgers thanked everyone for the participation in the public heating. b. Special review of wireless service communication application. Mayor Rodgers opened the public heating. Ken Staton, Mesa Communications, 6400 Arlington Boulevard, Falls Church, Virginia, spoke regarding the proposed cell tower application. Mesa Communications is building approximately 170 sites throughout the State of Montana. He stated that the information presented during the Council as a Whole meeting was presented as a general overview of a wireless communication system, not to present specific information regarding this application. Mr. Staton told the council that more applications would be received regarding cell towers. In the early 1980's, the Federal Communications Commission issued two licenses for cellular telephone coverage. The FCC issued six more PCS licenses in the mid to late 1980's. As carriers move into the area, they need antenna space in order to provide coverage. Mr. Staton is seeking to build and operate a wide-scaled development program for cellular tower service in the State of Montana. Mesa Communications is working in conjunction with Summit Wireless, a PCS licensee. Mesa is using their radio frequency design in order to determine where to locate towers that would provide optimum location for coverage, and that is how they came to this general area. Mr. Staton stated that the zoning ordinance and the coverage goals of the carriers are used as a guide to determine placement of towers. Three potential locations were found for this tower: a location further down the interstate on the north side, which would have presented the same problems as the current application; a location close to the Cenex Refinery, which presented a problem because a microwave system cannot go through buildings; and the location of the current application. Counill Minutes of April 17, 2001 Mr. Staton stated that they proposed a 250-feet tower that is able to accommodate several carriers on a single tower. He has found that most jurisdictions do not want thirty 150-feet towers in their area, but would rather see one-third as many towers at the 250-feet height. Mesa Communications currently has six towers in excess of 250 feet, four are permitted and two are in some process of application or appeal. The Three Rivers Wireless pole is not tall enough to accommodate the antennas that some companies want to locate on it. Mr. Staton said that zoning restrictions at the time of approval probably limited the height of this particular pole and others built at the same time. Mr. Staton stated that the site chosen would be, in his opinion, visually aesthetic since the tower would be in line with the refinery stacks from the interstate. Jeanne Bender, Mr. Staton's attorney, distributed computer pictures with the tower superimposed into the picture to show the view from the interstate. They would be willing to accommodate the city's request for landscaping at the ground level of the tower. Mesa Communications built a similar tower along the interstate at Billings Brick. The next proposed site for the closest tower going east would be near Park City. The distance needed between towers varies by location from three to twenty-two miles between towers and depends on the coverage required. The number of users is calculated by level of antennas, and this tower has been designed to hold five levels of antennas and two levels of microwave dishes. Each level of antennas would hold a quantity of twelve antennas. There was some discussion regarding the quarter mile radius of tolerance levels. A question about contact with Three Rivers Wireless regarding thek current pole was discussed. According to ordinance, a one-mile separation is required between each tower. The approximate price to build a tower is $100,000. Mayor Rodgers asked if there were any opponents. Laurel Haggart, a member of the Planning Board, is opposed to the cell tower. She stated that the picture did not show the platforms that would be attached to the tower, which would make it "very messy." She questioned why Mesa did not come to Laurel before going to Park City. Mr. Staton responded that they came to Laurel first, but the zoning process is longer in Laurel than in Park City. She asked if the city would receive any revenue in taxes for this tower. Mr. Staton stated that they would comply with all tax laws. Laurel stated that she knows of no one in town who is in favor of the cell tower. Mayor Rodgers asked if there were any other opponents. Cai Cumin explained several sections of Ordinance No. 099-28, which regulates the use and placement of telecommunications towers and antennae. Section GA1 states, "All commercial telecommunications towers over fifty feet in height, regardless of the zoning district in which the tower is located, shall be located at least one mile from any other commercial telecommunications tower." Regarding aesthetics, Section A. 3. states that the goals are to "require users of towers and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal." Section & 4. requires "users of towers and antennae to configure them in a way that minimizes the adverse visual impact of the towers and antennae." Cal stated that Laurel is currently involved in an $110,000 study to improve the quality of life in Laurel. The entry to Laurel is an important issue, and the study needs to be completed before any additional towers are approved. Cai stated that he refused to accept our community design process based on the quarter mile tolerance that Mr. Staton said is available for placement of the tower. The Laurel Revitalization League has been successful in renovating and invigorating the downtown area, and the interchange area will be their next project for landscaping the entrance to Laurel. Alderman Temple stated that a 250-foot tower located at the entrance to the City of Laurel would not display the attributes of the city. Alderman Johnson stated that the Planning Board did not in any way speak against telecommunications or cell phones, hut the Board did agree that the proposed location for this cell tower would not be right for our community. Alderman Dart stated that cell sites are often not visible from the interstate. He stated that this is just the start of the onslaught for cell towers, and the prime real estate is gone. Alderman Dart said that Council Minutes of April 17, 2001 this is the first of many applications, and the council would have to weigh the pros and cons for the good of the people of Laurel. Mayor Rodgers asked if there was any further council discussion. Motion by Alderman Johnson to close the public hearing, seconded by Alderman Olson. Motion carried 8-0. c. Interim zoning for wireless communication services. Mayor Rodgers opened the public hearing. Mayor Rodgers asked if there were any proponents. Cai Cumin stated that the Planning Board would like to get Laurel's ordinance in line with the ordinance of the City of Billings. The Planning Board requested a six-month moratorium on applications for wireless communication service, but Cai did not think it would take that long, Mayor Rodgers asked three times if there were any other proponents. There were none. Mayor Rodgers asked if there were any opponents. Jeanne Bender, attorney for Mesa Communications, suggested that a moratorium should not apply to Mesa Communication's pending application. She suggested a shorter, three-month moratorium because this business moves too fast. The City of Billings is currently in the process of amending their ordinance, and it will go to the county commissioners in a month. Mayor Rodgers asked if there were any opponents. There were none. There was council discussion regarding the options of addressing this issue. With a unanimous vote, the council could put it on this agenda under unscheduled matters. If no action were taken, it would be placed on the next agenda for council decision. Matt Erekson clarified that a moratorium would not affect the application from Mesa Communications. Motion by Alderman Temple to close the public hearing, seconded by Alderman Johnson. Motion carried 8-0. CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of March 2001. b. Receiving the Committee Reports into the Record. --Budget/Finance Committee minutes of March 19, 2001 were presented. --City Council Committee of the Whole minutes of April 3, 2001 were presented. --Public Works Committee minutes of April 9, 2001 were presented. --City-County Planning Board minutes of April 10, 2001 were presented. c. Resolution No, R01-14: Creating the position of Assistant Public Works Director and setting a classification grade of 11. RESOLUTION NO. R01-14 CREATING THE POSITION OF ASSISTANT PUBLIC WORKS DIRECTOR AND SETTING A CLASSIFICATION GRADE OF 11. The mayor asked if there was any separation of consent items. Alderman Olson separated item 6.c. from the consent items. Scheduled Matters. This item became item e. under Council Minutes of April 17, 2001 Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Mace. Motion carried 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. None. be Ramona Mattix, City-County Planning Department: Information regarding the West End Plan. Ramona Mattix distributed information regarding the West End Plan. She displayed a large map that showed the area covered by the plan, which covers about 35 square miles or 22,000 acres. Several policy issues are being addressed: expansion of the zoning jurisdiction; higher commercial development standards; removal of commercial nodes in favor of deeper lots with internal circulation; expansion of incentives for infill; underground all electric lines; accept alternatives to curb, gutter and sidewalks; and elimination of five-acre minimum in rural expansion area in favor of alternative measures. The Commission did agree to extend their zoning jurisdiction and to entertain higher commercial development standards in the area. Commercial nodes are supported at arterial intersections. The significant cost associated with burying high voltage lines is the main drawback to requiring all utility lines to be placed underground. The City of Billings has decided to extend water outside the city limits along Grand and Central Avenues and up Rimrock Road. By doing so, subdivisions would be attracted to those areas. Ms. Mattix read part of the plan: "The City of Billings, Yellowstone County, and the City of Laurel and other special districts should work closely together in the spirit of cooperation to maintain consistent theme to produce coordinated water and sewer plants for areas located between Billings and Laurel in a manner consistent with the goals for the West Billings Plan. The intent of this effort is to establish efficient and cost-effective long-term water and sewer services to the area between Billings and Laurel." Ms. Mattix stated that this dialog would be created, and she invited the Laurel City Council and Planning Board to be part of that dialog by having a joint working session. Alderman Johnson questioned if 72na Street West could be the east boundary for the Billings West End Plan and the west boundary for the Laurel Plan. This would prevent a "no-man's land" between the two boundaries. Ms. Mattix stated that the county commissioners are very open to expanding zoning jurisdictions as long as the property's underlying zoning remains the same and the property owner is not requested to rezone against their will. Ms. Mattix explained the infill incentives offered by the City of Billings versus the areas that already receive city water. In order to complete the city services, the specific subdivisions will be annexed into the City of Billings and the city sewer services will be completed to those areas. The fee of 7¢ per square foot for water and 7¢ per square foot for sewer pays for the extension of lines to new areas, The council discussed the gravel mines located in the wesi end of Billings. The only factors that the City of Billings can control regarding gravel mining are access, dust, noise, and hours of operation. Gravel mining cannot be prevented in that area. Planning Board recommends approval of annexation request: James and Julie Taylor for Block 4, Lot 4 of Mathis Subdivision 2ua Filing, under M.C.A. 7-2- 4601 by resolution with no public hearing required. Motion by Alderman Temple to approve the annexation request by James and Julie Taylor for Block 4, Lot 4 of Mathis Subdivision 2n Filing, seconded by Alderman Johnson. Motion carried 8-0. d. Discussion on sidewalk SlD issue. Alderman Temple requested to postpone the sidewalk SID issue until another meeting. Alderman Johnson stated that the sidewalk issue has been reviewed from several angles and needed to be brought to some conclusion. Whether the council decided on a citizen-directed or city-forced sidewalk program, Alderman Johnson said that the staff needed a direction to follow. Council Minutes of April 17, 2001 The council discussed the sidewalk issue and the two processes available for the program. A true SID is requested by the citizens, and 51 percent participation would be required. Further education regarding this program is necessary for the citizens of Laurel so that participation is voluntary. Motion by Alderman Johnson to give staff direction to prepare a resolution of intent to create a voluntary SID process for the City of Laurel; seconded by Alderman Staudinger. Motion carried 8-0. Resolution No. R01-14: Creating the position of Assistant Public Works Director and setting a classification grade of 11. RESOLUTION NO. R01-14 CREATING THE POSITION OF ASSISTANT PUBLIC WORKS DIRECTOR AND SETTING A CLASSIFICATION GRADE OF 11. Motion by Alderman Olson to approve Resolution No. R01-14, seconded by Alderman Johnson. Alderman Olson stated his appreciation for Steve Klotz's work ethic and dedication to his job. Alderman Temple also stated his appreciation for Steve Klotz. A vote was taken on the motion to approve Resolution No. R01-14. Motion carded 8-0. Mayor Rodgers congratulated Steve Klotz. UNSCHEDULED MATTERS: Annexation and zone change of Certificate of Survey #49. Motion by Alderman Temple to place the annexation and zone change of Certificate of Survey #49 on the agenda. Since the motion had been made at the end of the public hearing, this motion was withdrawn. Motion by Alderman Temple to approve the request for annexation and zone change of Certificate of surVey ~49, seconded by Alderman Johnson. Alderman Johnson stated that the Planning Board recommended denial of this request for annexation and zone change, and that the decision of the Planning Board should always be taken into consideration. Alderman Johnson said that this request deserved council consideration for three reasons. First, this process addresses an area that would be difficult to develop because the piece of land is narrow and the access is precarious. Second, city services are available in this area, so it makes sense to bring this area into the city boundaries in order to square up the boundaries. Third, the needs survey indicated that the community has a need for affordable housing. Alderman Johnson stated that, in his opinion, the overall good of the City of Laurel would be served by approving this annexation and zone change. A vote was taken on the motion to approve the request for annexation and zone change of Certificate of SurVey #49. Motion carried 8-0. b. Request from Mayor Rodgers. Motion by Alderman Staudinger to allow Mayor Rodgers to leave the state, seconded by Alderman Temple. Motion carded. There being no further business to come before the council at this time, the meeting was adjourned at 9:04 p.m. Cindy Allen,(-Secretary Council Minutes of April 17, 2001 Approved by the Mayor and passed by the City Council 0£ the City 0£ Laurel, Montana, this 1st day of May, 2001. Charles G. Rodgers, Mayor Attest: Mary K.~mbleton, Clerk-Treasurer