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HomeMy WebLinkAboutCity/County Planning Board Minutes 10.02.2014 MINUTES LAUREL- YELLOWSTONE CITY COUNTY PLANNING OCTOBER 2, 2014 6:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Kathy Siegrist, President Judy Goldsby, Vice President Dan Koch, City Rep. Dick Fritzler, County Rep. Lee Richardson, County Rep. Shirley McDermott, County Rep. Hazel Klein, City Rep. Greg Nelson, Member -at -large OTHERS PRESENT: Monica Plecker, City Planner Cheryl) Lund, City Secretary President Siegrist called the meeting to order at 6:01 pm. Roll Call was taken with the following members present: Koch, Goldsby, Richardson, McDermott, Nelson and Siegrist. At this time board member Hazel Klein arrived. Approval of Minutes: A motion was made by Dan Koch and seconded by Greg Nelson to approve the minutes of Sept. 4, 2014 meeting as written. The motion carried by a vote of 6 -0 New Business: Public Hearing — Proposed Design Standards, Overlay Zoning District Monica stated that this is the document that Steve Zeier from Zeier Consulting has been working on. There will be forthcoming changes from legal counsel in regards to wording the document to be more conducive with Laurel Municipal Codes. Other than those changes, the concept of the document remains the same. Monica went on to state that recommendation from staff is to open a comment period of 21 days, ending October 23, 2014. Once the comment period is closed the board may wish to consider moving the item forward for council consideration. President Siegrist opened the public hearing at 6:04 pm. President Siegrist asked three (3) times if there were any proponents wishing to speak in favor of the proposed Design Standards, Overlay Zoning. There were none. President Siegrist asked three (3) times if there were any opponents wishing to speak in opposition of the proposed Design Standards, Overlay Zoning. There were none. 1 The public hearing was closed at 6:06 pm. At this time board member Dick Fritzler arrived (6:07 pm). A motion was made by Judy Goldsby and seconded by Dan Koch to open a public comment period of 21 days, ending October 23, 2014. The motion carried by a vote of 7 -0. Amend By -Laws: Monica presented the amended Board By -Laws. The by -laws were reviewed by County Attorneys and the Laurel City Attorney. There are 2 changes to the by -laws that Monica wanted to discuss with the board. The first change is reducing the number of members from 11 to 9. There would be 4 city representatives and 4 county representatives as well as 1 person from the Conservation District. If there is no one from the Conservation District board that would be available to serve on the board than a person from the city or county could be appointed. Monica feels that having 9 members would help with being able to draw a quorum for each meeting. The other change would be that the meeting would be held at 10:00 am instead of 6:00 pm. The Board had no problem with changing the time of the meeting to 10:00 am but did express concern how it could possibly eliminate some of the public's ability to attend a morning meeting because they work. It was asked as to whether or not the board could make exceptions with some applicants and hold a special meeting. Monica stated that the County Commissioners hold their regular meetings, which include public hearings, at 9:00 am and they are well attended. She went on to state that if the board were to change the meeting time to 10:00 am they would need to stick with that time. She also reminded the board that the public has a second chance to attend a public hearing for an application since the City Council is required to hold a public hearing prior to approval. The City Council public hearings would are at 6:30 pm. A motion was made by Judy Goldsby and seconded by Shirley McDermott to approve the by -laws as written with the stipulation of the regular meeting time be changed to 10:00 am. Old Business: There was no old business. Miscellaneous: The next meeting will be on Thursday, November 6, 2014 at 10:00 am. Dan Koch asked about getting a copy of the current Growth Management Plan. Monica stated that she will get each member a copy that will need to be checked out and returned once they are no longer on the board. 2 Public Comment on non - agenda topics: There was no public comment. A motion was made by Dan Koch, seconded by Judy Goldsby to adjourn the meeting. The motion carried. The meeting ended at 6:20 pm. Respectfully submitted, O �— Cheryll Lund, Secretary 3 BY -LAWS La4el City- County Planning Board Serving the City of Laurel and a portion of Yellowstone County 1 ARTICLE 1 NAME AND LOCATION Section 1. Name The name of this Board shall be the Laurel City- County Planning Board (hereinafter referred to as the Board). Section 2. Location The Board offices are located on the second floor of Laurel City Hall, 115 West First Street, Laurel, Montana. ARTICLE II DEFINITION OF TERMS As used in these by -laws. 1. Board: Laurel City- County Planning Board 2. City: City of Laurel 3. City Council: The governing body of the City of Laurel 4. County: Yellowstone County, Montana 5. County Commissioners: The governing body of Yellowstone County 6. Planning Director: The individual so designated by the City of Laurel 7. Plat: A subdivision of land into lots, streets and areas marked upon the earth and represented on paper, and includes re -plats and amended plats. ARTICLE III AUTHORITY, POWERS AND DUTIES Section 1. Authority The Laurel City- County Planning Board is authorized under Section 76 -1 -112 Montana Code Annotated and the Interlocal Agreement dated 1978. Section 2. Powers and Duties A. Role of the Board 1. To assure the promotion of public health, safety, convenience, order, the general welfare and for the sake of efficiency and economy in the process of community development, the Planning Board shall prepare a Growth Policy and shall serve in an advisory capacity to the local governing bodies establishing the Planning Board. 2. The role of the Board shall be to recommend planning policy to the County and City of Laurel. 2 3. The Board shall prepare a Growth Policy for the jurisdictional area, as defined in Section 76- 1 -601 Montana Code Annotated. 4. The Board shall perform other planning related functions as requested by the parties hereto. a. Prescribe uniform rules pertaining to hearings b. Adopt by -laws, which set forth the Board's policies and procedures. c. Keep an accurate and complete record of all proceedings. 5. The Board may, from time to time, comment upon plans and planning related policies subject to review or adoption by Federal or State agencies, and /or may recommend that the County and City make appropriate comment on the same. ARTICLE IV JURISDICTIONAL AREA The jurisdictional area of the Board will include the City of Laurel and the jurisdictional area identified in Exhibit A. ARTICLE V OBJECTIVES AND POLICIES The objectives of the Board, as established by State Law, are to enable units of local government to cooperate in promoting the orderly development of those units and their environs by planning for the improvement of the present health, safety, convenience, and welfare of their citizens and the future development of their communities to the end that highway systems be carefully planned, that new community centers grow only with adequate highway, utility, health, educational and recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with the promotion of the efficient and economic use of public funds. ARTICLE VI MEMBERSHIP AND TERMS OF APPOINTMENT Section 1. Composition The Board shall consist of citizen members and may include elected officials. Section 2. Membership The Board shall consist of nine (9) members as stated in Section 76 -1 -201. Two official members, who reside outside the city limits but within the jurisdictional area of the City - County Planning Board, to be appointed by the Board of County Commissioners, who may in the discretion of the Board of County Commissioners be employed by or hold public office in the County; 3 Two official members who reside within the city limits to be appointed by the City Council, who may in the discretion of the City Council be employed by or hold public office in the city; Two citizen members who reside within the city limits to be appointed by the mayor of the city; Two citizen members who reside within the jurisdictional area of the City- County Planning Board to be appointed by the Board of County Commissioners; The ninth member to be appointed by the board of supervisors of a conservation district provided for in 76 -15 -311 MCA. Section 3. Terms Members of the Board shall be appointed to 2 -year terms pursuant to Section 76 -1 -203 Montana Code Annotated. Section 4. Absences and Removal A. Each member shall inform the Planning Director at least one day before the meeting of his /her inability to attend a Board or Committee meeting. Such an absence shall be considered an excused absence. B. If any Board member accrues three (3) or more consecutive unexcused absences from regular meetings, notice of which has been given at his /her usual place of work or residence, or by announcement at a meeting attended by him /her, the President may call such absences to the attention of the Board, which may then recommend to the appointing authority that such member be asked to resign and that another person be appointed to serve out the unexpired term. Section 5. Vacancies Vacancies occurring on the Board shall be filled by the governing body having appointed them for the unexpired term. ARTICLE VII BOARD OFFICER, TERMS, AND DUTIES Section 1. Officers The officers of the Board shall consist of a President and Vice - President. Section 2. Election of Officers The President and Vice - President shall be elected by a majority of the Board members present and voting at the first regular scheduled meeting in January. The terms of office of the President and Vice - President shall commence on February 1. 4 Section 3. Board President The President shall preside over all regular and special meetings of the Board and may vote in the case of a tie or to create a tie. The President shall also sign such documents and communications on behalf of the Board, as the Board may authorize and are of such a nature as to require the signature of the President. The President may in absence delegate such responsibility to the Vice - President. The President shall have the authority to appoint in ARTICLE IX Committees. The President shall be an "ex- officio" member of all committees except the nominating committee, shall retain voting rights on these committees, and shall be counted as a member for purposes of comprising a quorum. Section 4. Board Vice - President The Vice - President, in the absence of the President, shall preside over any regular or special meeting of the Board and, at the direction of the President, shall sign such documents and communications on behalf of the Board, as the Board may have authorized the President to sign. Section 5. Office Vacancy If the office of the President becomes vacant, then the Vice - President shall fill the unexpired term. On assuming this office, the President shall appoint a nominating committee to present their nomination for Vice - President. Section 6. Removal of Officers If the Board votes no confidence in an officer, a motion to remove said officer shall be brought before the Board at its next meeting. Should the motion pass, a new officer shall be elected to serve the remainder of the term of office. Section 7. Terms of Office All officers shall serve a term of one (1) year. Any officer may serve for successive terms. Section 8. The Director of Planning The Director of Planning duties may include: A. Keeping true and correct copies of the minutes of all regular and special Board meetings, and the minutes of any committee meetings. B. Administering the affairs of the Board in accordance with adopted Board policies and policies of the County. C. Recommending policies, ordinances and resolutions which may be necessary to accomplish the objectives of the Board and implement the goals of the Growth Policy. D. Representing the Board before any other board, commission or committee, or citizen's organization. E. Preparing official notices and agendas in the name of the Board. 5 F. Signing all plats and affixing the official seal of the Board thereon, only after such plat has been approved in accordance with the requirements of the Subdivision Regulations, adopted policies and procedures of the Board, and only after all requirements have been satisfied. ARTICLE VIII MEETINGS, QUORUMS AND PROCEDURES Section 1. Regular Meetings Regular meetings of the Board shall be held on the first Thursday of each month at 10:00 am in the Laurel City Council Chambers or such other place and time as shall be advertised in a conspicuous location in the designated posting area at Laurel City Hall on the day of the regular meeting. Regular meetings of the Board and its committees are open to the public and testimony or correspondence may be received from any citizen at any public meeting. Regular and special meetings shall be recorded and all records shall be available for public inspection during normal business hours at the Planning Office on the second floor of Laurel City Hall. Section 2. Quorums A. A majority of voting members shall constitute a quorum. B. No action of the Board is official, however, unless authorized by a majority of voting Board members in attendance at a regular or properly called special meeting. Official action can only be conducted when there is a quorum present at any meeting. Section 3. Special Meetings Special meetings of the Board may be called by the President or by any two members upon request to the Planning Director three (3) working days prior to the date of the special meeting. The Planning Director shall then notify all members of the special meeting and the topic(s) to be considered. Section 4. Agendas The agenda for a regular meeting will be closed at 5:00 p.m. three (3) working days prior to the date of the meeting. Each agenda shall contain the following standing items: 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. PREVIOUS MEETING MINUTES 4. PUBLIC COMMENT PERIOD 5. DISCLOSURE OF CONFLICT OF INTEREST 6. DISCLOSURE OF EX PARTE COMMUNICATION 7. OLD BUSINESS 8. AGENDA ITEMS FOR NEXT BOARD MEETING 9. ADJOURNMENT 6 Agendas and copies of the minutes of all regular meetings shall be distributed to each member of the Board no later than the Thursday preceding the meeting date. In addition, all agencies, organizations and individuals that may have an interest before the Board shall be notified of the upcoming meeting. At the beginning of each meeting, the public shall be given the opportunity to address the Board on any item that is not on the current agenda. The Board will not take action on the item at that time, but could choose to add the item to the next regular meeting's agenda for discussion. Section 5. Public Hearings The Board shall cause to be published a Notice of Public Hearing containing the date, time, location and purpose, pursuant to statutory requirements, in a newspaper of general circulation for each hearing held by the Board. A. Public Hearings for Subdivision 1. When a preliminary plat application is set for a public hearing pursuant to a public notice, the matter shall be heard even though no one in favor or in opposition to the application appears at the hearing. lithe Board receives a written request from the subdivider 24 hours prior to the public hearing, to continue such hearing at a later time or to withdraw or to postpone the application, the Board may choose to do so. 2. Each person who speaks at the public hearing shall stand and furnish his /her name and address to the Board and shall thereby become a party of the record. 3. Each preliminary plat application shall be heard in the following order: a. A Planning Department staff member shall summarize pertinent data and present or amplify the recommendations of staff and department heads. b. The applicant, or his representative, shall present the application to the Board, and summarize the proposed subdivision and, if applicable, the following criteria of public interests: i. Effects on Agriculture ii. Effects on Local Services iii. Effects on the Natural Environment iv. Effects on Wildlife and Habitat v. Effects on Public Health and Safety vi. Effects on Agricultural User Facilities c. Persons in favoror opposed to the application shall be heard or written comments received until the close of the public hearing. B. Other Public Hearings 1. All other public hearings shall be conducted in accordance with the following procedure: a. Chairman introduction b. Staff presentation of item c. Applicant presentation of item d. Open the floor for written or oral comment (Proponents and Opponents will be I called for three (3) times.) e. Staff and applicants may respond, only if necessary f. Close the public hearing ARTICLE IX COMMITTEES AND ADVISORY COMMITTEES Section 1. Committees The President is responsible for selecting the chairman and individual members of the committee. Special Committees for any purpose may be appointed by the President or created by motion of the Board to create and direct the President to appoint its members. Section 2. Committee Action In no case shall a committee take official action unless a quorum is present. ARTICLE X LEGAL ASSISTANCE The Board shall seek legal assistance from the attorneys for the appropriate governing body. ARTICLE XI MISCELLANEOUS Section 1. Conflict of Interest Any member(s) having a financial or personal interest in a matter before the Board for discussion or vote shall publicly disclose the nature and extent of such interest and absent himself from the meeting until discussion on the matter has ended and a vote, if any, is taken. In such circumstance, the secretary shall note in the minutes that a conflict of interest was acknowledged and the board member(s) was absent during the discussion and voting. 8