HomeMy WebLinkAboutCouncil Workshop Minutes 02.24.2004 MINUTES
COUNCIL WORKSHOP
FEBRUARY 24, 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 6:33 p.m. on February 24, 2004.
COUNCIL MEMBERS PRESENT:
_x_ Dick Fritzler x Doug Poehls
_x_ Kate Stevenson Mark Mace
_x_ Gay Easton x Daniel Dart
Dan Mears x John Oakes
OTHERS PRESENT:
Cal Cumin Larry McCarm
Crystal Bennett, ME&A
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
wilt not take action on any item not on the agenda.
· Mayor Olson told audience that one proponent and one opponent would be allowed to
speak for three minutes each.
· Brad Arndorfer - pro-bono attorney for Willow Pedersen
o Client is asking for special use permit
o Consider hardship created by lack of special permit
o Opposes public interest
o Facts
· Willow Pedersen, age 28, bought property in 2002 as horse property
· Horse trainer
· Sheep and horses on property when bought
· Realtors sold property to her as horse property
· Dispute with Kurkoskis and other neighbors
· Neighbors called police regularly - barking dog complaints
· Police wrote letter to neighbors stating this was harassment
· Neighbors don't talk to neighbors
· Client divorced about a year later - can't afford to keep property
· Listed property for sale
· Allowed Deb Greenough's horses to be there for about a month - total of
9 horses
· Neighbors wrote letter of complaint - violation of covenants -
removed horses
· Client is not running a business at her home
· Cai wrote letter in October
Council Workshop Minutes of February 24, 2004
· Neighbors have been seen letting her horses out on the road, then claim
she did it
o City is in a spot
o Zoning is not known in the area, but the covenants are known
o Handed out survey results - 7 to 1 in favor of keeping covenants
· Dawn Eckhardt of 1723 E. Maryland
o 11 of 16 property owners who received notification about the proposed land use
variance and are directly affected, are opposed to this variance.
o Zoning regulation has been on record since 1978
o To approve variance would be taking step backward
o Variance would have major environmental impact on surrounding properties -
value and appearance
o Remind the council that approval of variance will have a major detrimental
impact on health of one neighbor - Harold Branstetter - not moving, has been
there for 27 years
o Majority of those who spoke in favor of the variance at public hearing have no
vested interest in the community
o Hardship is motivated by financial gain- refer to 17.64.150c of Laurel Municipal
Code
o Dawn built home 25 years ago
o Request that council hold to zoning
Public Utilities Department:
· Change Order No. 9 for the new water intake project
o Oversight on electrical when old pump house was tom down - $975
o Vulnerability assessment - change to wire glass in door for $300
· Environmental assessment of the elevator
o Executive Summary was distributed
o Fairly normal findings - Dean Rankin also has copy
o Rankin is busy cleaning up the property in the building
o City will probably mn into asbestos materials when tearing down buildings
o Underground contaminants are present, as they are everywhere in city
st rd
o Water line project on Main between 1 and 3 includes 150,000 cubit yards of
new material due to contamination (gas stations)
· Engineering Inc. - project going to MDT this week for work to be done
this spring
· John asked why city wants the elevator
o Larry - to correct the comer
o John - benefit not worth cost - tearing down the elevator will cost the city
o Larry - if city has possession of the ground, eligible for grants, and fits in TCSP plans
o John - Dean should give lease to city - city assuming liability - thinks that city could
still do comer without lease
Montana Engineering & Administration:
· Public hearing regarding grant applications for public facilities projects at the March 2nd
council meeting
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Council Workshop Minutes of February 24, 2004
o Larry introduced Crystal Bennett of ME&A
o ME&A wrote successful CDBG grant of $500,000 for first part of wastewater
project - going to construction this spring
o Applying for only a portion of Phase IB for TSEP and DNRC
· TSEP max is $500,000 - requires a $500,000 match from city
· DNRC max of $100,000 can be used as part of city match
· Net match from city would be for $433,000
· Total Phase lB is $1,033,000
· Distributed budget
· After Phase 1 this spring, $350,000 left in reserve, so city only needs
another $83,000
· Hearing is to determine if city wants to apply for the TSEP and DNRC
grants
· If city decides to do so, resolution will need to be passed to commit funds
· Sample resolution was distributed
· Larry stated project started in 2000 with survey
· Spent about $70,000 to get here
· Buying time to put in rate increases to qualify for loans
· Phase 4 is $8 million
Planning Board:
· Land use variance request from the zoning as "Rural Tract" to allow up to four horses on
the property at 1707 Maryland Lane (Lot 21, Block 5, High Point Subdivision). Planning
Board recommended denial.
· Cal stated if zoning ordinances were black and white, no variances would be needed
· Handed out zoning ordinance 17.60.020
o Reviewed first three items and history - 3 court cases in Montana law
o Asked council to keep the statements in mind
o Variance for four horses is too many - owner got in trouble when there were 8
horses
o Owner bought property with understanding she could have livestock there
o If livestock not present for 30 days, non-conforming use stops
· If variance granted, won't be contrary to public interest
· Literal enforcement of zoning ordinance will result in unnecessary hardship to applicant
· Trying to reach a compromise with his recommendation of two horses
· Area is an area of transition from agricultural to urban
· Spirit of ordinance must be observed
· Covenants are in her favor, but these are not part of zoning enforcement
· Property has grandfathered non-conforming use
· If variance is denied, then the property is denied a use that other identical properties in
area are using
· Process was observed - Public hearing was advertised and held by Planning Board
· Dan asked if there had been entities in the subdivision that have had horses on property
pdor to 1978
· After 1978, if horses absent for 30 days, then no longer grandfathered non-conforming
use, and requires a variance to allow horses back on property
Council Workshop Minutes of February 24, 2004
Sam asked what form of notice was used for public heating
o Mailed to adjacent property owners, and published in the newspaper twice
Sam has had numerous phone calls claiming that record was not complete, missing folks
that didn't get the oppommity to testify, documents that didn't get submitted into record
Cai stated that documents submitted prior to or at the public hearing were made part of
the record, there is verbatim transcript of hearing, and ample oppommity was afforded
for proponents and opponents
Sam asked if any further evidence or information needed to be brought out in another
public hearing.
· Cai replied that city council can hold another public heating at their option, but the law
has been satisfied, and understands that no new evidence can be submitted at another
public hearing, since city council sits as judges
· Dan emphasized prior point of horses on property since 1978, and singling out one
individual to deny horses, then is it a "takings" issue as pertains to other similar
properties
· Sam said if horses were on property continuously, then it is grandfathered as non-
conforming prior use.
o For this property, there is allegation that there was a break in time when no horses
were on the property.
o Applicant is asking to be able to have horses back on property.
· Cai said that is reason why he proposed the compromise of two horses
· Dan reviewed 17.60.020 B #'s 3 and 4, 6 and 7 and impact ofthis issue may have on the
other landowners. It is very confusing
· Cal emphasized the first three items of code because other 7 are confusing
· John said 2 horses are too many for 1.3 acres - abuses the land.
· Ken reminded the audience to be courteous of whoever has the floor to speak
· Ken reminded the council that the Planning Board public hearing is on tape for their
review.
Executive review:
· Arbor Day Proclamation
o Will be on the March 2na agenda
· CIP Expenditure List
o For General Fund capital requests
o Two lists: $5,000 - $50,000 and $50,000 - $500,000 (over $500,000 not
addressed due to inadequate funding)
o Mayor reviewed the lists he prepared, and reviewed the priority list
· No money allotted for court video arraignment due to current court
location issue
· Police cars - sets up rotation schedule, requiring O&M savings for future
o Dan asked about use of drug forfeiture money for police capital purchases
o City complex plan by 2006, but may need by 2005
o Ambulance and fire equipment discussed
· Appointments: Clerk-Treasurer, Public Utilities Director, Public Works Director; Chief
of Police
Council Workshop Minutes of February 24, 2004
o Will be for two years
· Appointment of Dick Fritzler to the Insurance Committee
Resolutions:
· Resolution No. R04- : A resolution authorizing the Mayor to sign Change Order No. 9
for the new water inta~ce project.
o No further discussion
Announcements:
· Doug has had discussion with church property located across alley from city hall
regarding location of court, and they are willing as long as it is temporary
o Ken told council that many options for relocating thc court are being researched
· Gay reminded council that a representative for Big Sky Economic Development
Authority board needs to be chosen
· BFI presentation - council would like one at a March workshop meeting
· Joint meeting with city/county/school districts discussed Billings Bypass Committee
o Bruce Barrett of MDT - committee is set and gathering info
o No Laurel rep on the committee, but may be added later
o Requested that city be put on mailing list
o Meeting notices will be posted and Laurel attendance encouraged
Attendance at the March 2nd council meeting:
· Need to check with Dan Mears and Mark Mace
Other items: · None
The meeting adjourned at 7:37 p.m.
Respectfully submitted,
Clerk-Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion
of the Council for the listed workshop agenda items.
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