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HomeMy WebLinkAboutCouncil Workshop Minutes 02.10.2004 MINUTES COUNCIL WORKSHOP FEBRUARY 10, 2004 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 February 10, 2004. COUNCIL MEMBERS PRESENT: _x_ Dick Fritzler x Doug Poehls x Kate Stevenson x Mark Mace x Gay Easton x Daniel Dart x Dan Mears John Oakes OTHERS PRESENT: Terry Ruff Eugene Eckhardt Mary Emhleton Marcie Kurkoski Cal Cumin Noel Kurkoski Public Inl~ut (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. · Noel Kurkoski, 1704 Ridge Drive, addressed the council regarding the land use variance request at 1707 East Maryland Lane. o Noel spoke on behalf of eleven property owners that oppose the lund use variance to keep four horses on the property at 1707 East Maryland. o The property is priced at $169,900; Noel had two independent real estate agents give him appraisals of $154,000. o At the Planning Board meeting on February 5th, Cai Cumin recommended that the variance be changed to two horses. o Noel stated that, if the council approves this recommended variance, the zoning laws would be changed to meet the needs of Ms. Pedersen so she could sell her overpriced property as horse property. · Highpoint Subdivision would be left to deal with the zoning regulation amendment, which the majority of the neighborhood does not want it. o According to Mr. Kurkoski, Ms. Pedersen would still be in violation of three zoning regulations after approval of the variance: · More than one family per residence because she has at least one tenant; · A business of renting rooms, and with approval for the horses, there would be certain horse businesses there; · There are four chickens, which equate to one head of livestock, according to the zoning regulations. o Noel asked how Cal Cumin would respond to those zone regulation violations. Council Workshop Minutes of February 10, 2004 o Noel questioned what would happen with the next land use variance request that the council denies and whether the City of Laurel is ready to field a discrimination lawsuit. o Noel stated that we are living in a democracy of the people, for the people, and by the people, and the majority of the people vote and decide what is right for them. o In this case, eleven of the sixteen landowners oppose this land use variance, as shown by a signed statement. o At the February 5th Planning Board meeting, four of the seven board members voted against the land use variance. o Noel requested that the city council vote the way of the majority of the people, and that is to oppose the land use variance. Fire Department: · Appoimment of Laurel Volunteer Firemen: Derek Yeagar, Corey McIlvain, James Van Nice, Justin Lee o Chief Terry Ruff asked that the four firemen be appointed at the council meeting on February 17th. Clerk-Treasurer: · Preview of Mid-Year Budget Review o Mary distributed the City of Laurel Mid-Year Budget Review 2003-2004 booklets. o Presentation will be made at the council meeting on February 17t~. · Resolution - Records Retention Schedules o The city council adopted the last records retention schedule in 1986. o The State of Montana has a working committee to build schedules for the use of government agencies to use in managing records. o Schedule No. 8 is available for municipal records schedules. o Approval of Schedule No. 8 would provide a baseline schedule for the City of Laurel's retention schedule. o The city cannot dispose of records without permission from the State of Montana. o Process involved in records retention schedules: · Take inventory · Appraise value · Schedule for retention · Obtain permission from the State of Montana · Disposal of records o A new law requires that the city contact public agencies before destroying any record over ten years old. o Discussion regarding use of microfilm to preserve records. · Resolution - Storm Sewer Fund o Storm Sewer Fund was developed as a bond issue twenty years ago, and the project is completed. o Auditors recommended closure of the fund. o Remaining monies will be transferred to the SID Revolving Fund. · Resolution - Expendable Grant Fund 2 Council Workshop Minutes of February 10, 2004 o City received a $20,000 grant for parks o Grant monies were used to build bathroom facilities at Ponderosa Park. o Interest monies of $73.94 were not used for construction. o Remaining monies will be transferred to the CIP Fund. · Distribution of response to auditor's remarks o Audit findings were previously distributed to the council. o City must respond to the Department of Administration regarding the audit findings within thirty days. o Copies of the response to the audit findings were distributed to the council. Plannin~ Board issues · South 4th Street extension appraisal status o Appraisal needs to be done for the properties where South 4th Street would extend eastward. o The appraisal, which was scheduled for November and then January, has not been completed yet. o Beartooth RC&D has requested an extension to the RBOG contract, which will reimburse the city for the appraisal. o Cal asked that the issue be put on the February 17th council agenda. · City Council members serving on the City-County Planning Board o Three council members were included when the Planning Board was formed. o New case law indicates that council members should not be on a body that reviews material that requires a final decision by the council. o Legal counsel recommends removing the council members from the board in order to avoid future litigation. o Sam has not rendered a written opinion, but he explained why Montana cities and counties are removing elected leaders from planning boards. · A 2004 case in the Montana Supreme Court does not specifically state that elected leaders cannot or shall not serve on the planning board. · The case says that the statute under which these boards are created does indeed allow elected leaders to serve in that capacity. · The language of the case says that the Supreme Court does not advocate this practice; however, it was not the issue in the case, so the court refused to void the statute. · In the legal profession, that is a stern warning to counties and cities that the court has a problem with the statute and could consider voiding the statute if it came before the court again. · Reaction from the Attorney General's office, county attorneys, and city attorneys has been the recommendation to remove members off the planning boards in order to have an arm's length relationship and avoid litigation altogether. · Sam encouraged the council to voluntarily follow the recommendations. o The case is limited to the statute regarding the planning board. · An inherent conflict is present when a member hears arguments and evidence and renders a recommendation as a member of the planning board and then makes a final decision as a member of the council. Council Workshop Minutes of February 10, 2004 o Discussion regarding council members as members on other boards. · Land use issues are a driving force. o Discussion regarding the procedure for resignation from the Planning Board. · Letter should reflect that the resignation would be effective upon appointment of a replacement to the board. · Need for a Board of Adjustment o City of Laurel has had a Board of Adjustment for twenty to thirty years. o Council removed the Board of Adjustment's right to review land use variances about ten years ago. The current ordinance states that the Board of Adjustment shall pass no variances that are contrary to ordinance; however, the whole purpose of the Board of Adjustment is to provide variances from ordinances. o Explanation regarding the last request before the Board of Adjustment. · The Board of Adjustment is allowed, but not required, by State law. · Cal suggested that the council consider abolishing the board. o Board of Adjustment currently reviews fence heights, lot coverage, and setback requirements for buildings. o Without a Board of Adjustment, the Planning Board would review the issues and make recommendations to the city council for a final decision. o Cai stated that the existing members of the Board of Adjustment would need to be contacted personally. o Mayor Olson said that the issue would be reviewed. · Willow Pederson Land Use Variance o Applicant requested a land use variance to the existing zoning to allow four horses on the site. o The Planning Board denied this variance request by a 4-3 vote, and the request comes to the council with this recommendation. o The Planning Board went through the advertised public hearing process, and a public hearing was conducted as the City Zoning Commission on February 5th. · City ordinance and state law do not require an additional public hearing. o Cai recommended approval of the variance with only two horses, but the Planning Board overruled him. · Cal's reasoning is that you cannot really grant variances of land use unless there is an issue of hardship. · Other lots of similar size and character in this subdivision are allowed to or do have horses. · To deny this particular landowner the right to have horses could be seen as a hardship. o The complex issues include: · The grandfathered use of horses · Numerous changes to the zoning ordinance · This particular zone has always been zoned for no horses. · Planning Board decided to allow livestock within its one-mile jurisdiction when Little Dude Ranchettes was reviewed several years ago. · Livestock is not allowed in the city; the fringe area around the city proper is an area of mmsition from agricultural to urban. 4 Council Workshop Minutes of February 10, 2004 · Cal sent the applicant a letter regarding three violations in the zoning ordinance: ,, Two or more unrelated people living in a single-family dwelling · Horse training business; · Excess of animals · Denial of the variance would cause a severe property devaluation issue. · Discussion regarding property devaluation in Highpoint Subdivision. · Cai suggested that the council ask the neighborhood to get together to decide what zoning they want. · Laurel does not have a zoning enforcement officer; issues within the one- mile jurisdiction area are addressed on the basis of complaint. · Discussion regarding the February 5th Planning Board minutes. · Minutes have not been completed and will not be finished before the next council meeting. · Discussion regarding delaying the council decision until the minutes are available. · Sam stated that any decision would probably be challenged; council needs all information in order to make a decision. · Mayor Olson stated that it would best serve the council to delay the decision because of the gap in information. · Dick Fritzler encouraged the council to observe the location of the issue. Executive review · Policy and Procedures for the CIP o Culmination of the discussion at the council retreat in January. o Sam will prepare a resolution for council consideration at the February 17th meeting. o Mayor will recommend how to judge the CIP projects. o List will be presented at the next council workshop; list will be finalized at the following council meeting; allocations and appropriations will then go to the department heads. · Four top goals for 2004 o Ken Weaver had suggested that the council set its goals by resolution in order to have accountability. · Reappointment of Mike Michunovich to the Police Commission o Mike Michunovich has agreed to be reappointed, and the appointment will be made at the February 17th council meeting. · Legal counsel regarding City-County Planning Board/Council o The issue was discussed earlier in the meeting. Resolutions: · Resolution No. R04-__: A resolution adopting the records retention schedules developed by the Montana Local Government Records Committee and identifying the retention periods for all records series created, used, maintained and stored by the City of Laurel. · Resolution No. R04-__: A resolution authorizing closure of the Storm Sewer Fund and transferring the remaining cash to the SID Revolving Fund. Council Workshop Minutes of February 10, 2004 · Resolution No. R04- : A resolution to close the Expendable Grant Fund and transfer the remaining cash to~e Capital Projects Fund. · Resolution No. R04-__: A resolution to define and identify the City Council's goals and objectives for 2004 for the City of Laurel. Announcements · Joe McClure, Big Sky Economic Development Authority, requested that the City of Laurel have an ex-officio representative on their board. o Mayor Olson asked if a council member would be willing to be on the board as an ex-officio representative from the City of Laurel. o BSEDA and the County Commissioners meet regarding economic development. o Further information regarding the meetings will be distributed in the council boxes. Attendance at the February. 17th council meetin~ · All council members will attend. Other items · None The council workshop adjourned at 7:37 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.