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HomeMy WebLinkAboutCouncil Workshop Minutes 07.25.2006 MINUTES COUNCIL WORKSHOP JULY 25, 2006 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 July 25, 2006. COUNCIL MEMBERS PRESENT: ._x_ Dick Fritzler x Kate Hart _x_ Gay Easton Jennifer Johnson _x_ Doug Poehls x Mark Mace _x_ Chuck Dickerson _x_ Norm Stamper OTHERS PRESENT: Perry Asher Mary Embleton Sam Painter Rick Musson Ten'ill Bracken Paul Thomae Smart Kirkpatrick 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. None Police Department: · Laurel Police Reserve appointment: Tenqll Bracken Chief Musson introduced Terffil Bracken, who has served as a police reserve in the past and wants to serve again. Rick stated that Ten-ill will be an asset for weapons and defensive tactics. The appointment will be on the council agenda on August 1~t. Planning Board issues: A memo of explanation from Cai Cumin for the following items was distributed as he was unable to attend the council workshop. Resolution approving Annexation and Zone Change to Residential Limited Multi-Family Zoning for McLelland Property at 708 East Maryland Lane, Tract B-1 of Certificate of Survey 2385 Amended Tract B A draf~ resolution approving the annexation of this property and a draft ordinance for the zone change were distributed to the council. City code allows property owners to request the desired zoning upon annexation, and the applicants have requested Residential Limited Multi-Family zoning. The resolution and ordinance will be on the council agenda on August 8th. · Ordinance (First reading) for proposed changes in LMC: Council Workshop Miautes of July 25, 2006 o Table 17.16.020 to reduce front yard setbacks for open porches This change would reduce the from-yard setback in residential neighborhoods from twenty (20) feet to five (5) feet and is meant to encourage communication in neighborhoods. o Section 17.40.090.J.2 to reduce the mount of off-street parking required in the Community Commercial Zoning District This change makes Laurel's Community Commercial Zoning more competitive for businesses by reducing the amount of off-street parking required from one space per 100 square feet to one space per 200 square feet. o Section 17.56.030.1 to allow non-conforming dwelling units to be rebuilt when destroyed Owners of older homes that do not conform to the minimum lot size and other similar zoning requirements of the LMC cannot refinance their homes when the mortgage companies learn the home is non-conforming to zoning. The city has been forced to deal with such issues on a case-by-case basis, and this change addresses the issue. o Section 12.08.070(A) to allow maximum driveway widths of twenty-four feet. The change ~om twenty to twenty-four feet reflects the larger homes and garages that are being built in Laurel. The first reading oftbe ordinance will be on the council agenda on August 1~t. Clerk/Treasurer: · Resolution- 2005-2006 Budget amendment The budget amendments are housekeeping issues for year-end closing to amend the appropriations, revenues, and some of the reserves for fiscal year 2006. The list was attached to the resolution and most had unanticipated revenue to offset the additional appropriation. Mary explained the amendments for Comp Insurance, Health Insurance, Permissive Medical, SID Revolving, SID #110, Fire Relief; Court Technology Surcharge, Law Enforcement Academy Surcharge, Crime Victims, and Airport Authority. The budget amendments are on the fund level. The resolution for budget amendments will be on the council agenda on August 1st. · Resolution - 2005-2006 Budget transfers Budget transfers are not required by law but are recommended. Budget transfers change the look of the budget versus actual expenditures. Mary distributed a partial list of the work that needs to be done to complete the transfers within a fund at the line item level With the council's permission, the eppmpriations column will be changed to match what was spent. Mary explained the process of budget transfers. Mary suggested that the council should decide whether budget transfers should continue to be done. The resolution for budget transfers will be on the council agenda on August 1~. Adminia~ative Assistant: Council Workshop Minutes of July 25, 2006 · Resolution - Transfer of Parcel from Laurel Public Schools to City of Laurel Tho resolution is to provide a full fight-of-way width to Alder Avenue. The southern half of Alder Avenue that abuts the school district property is only 40 feet wide, and this gives the city another 40 feet to make it the full 80-foot fight of way width. The city will be responsible for maintenance of Alder Avenue, but there is not a definite plan at this time. Mayor Olson explained that the 2003 legislature passed a statute that requires that property annexed after 2003 would be annexed with the whole street, not just to the center line. This property was annexed into the city after 2003, so this is a mandate that was passed down from the State. The resolution will ho on the August 1't council agenda~ · Park hours ordinance - "darkness" vs. specific time Rick spoke regarding the prior suggestion to set park hours at one-half hour after sunset and one-half hour before sunrise. Rick stated that the police department favors setting the park closing time at 10:00 p.m., which is a reasonable time. Stipulations allowing special events could be included in the ordinance. There was discussion regarding: difficulty to patrol in parks atter dark; problems with vandalism; activities in parks can be annoying to surrounding neighbors, who feel they cannot complain during park hours; enforcement of disturbance of peace and/or disorderly conduct by the police department; problems with skateboarding in shelters; curfew is 11:00 p.m. on school nights and 1:00 a.m. on non- school nights; suggestion to treat parks individually and close Kiwanis Park at a specific time; suggestion to discuss at tho next council workshop; suggestion to form a task force to review tho park hours. Mayor Olson will announce the members of tho task force at the council meeting on August 1~t. · South Laurel Business District Committee The South Laurel Business District Committee is comprised of tho business owners in the area formed by the triangle of the railroad tracks, the interstate, and South First Avenue on the east side. Wal- Mart signed a waiver of protest for an SID for improving roads in that area. The initial reason for the committee was to explore the interest in forming an SID. The committee, which has met three times, has the following concerns: road improvements; storm drain system; and installation of stubs for undeveloped properties so the new street does not have to be dug up in the future. The next meeting is scheduled for August 16th at 8:00 a.m. · Presentation on August 8m - Dr. Doug Moore, City-County Health Department Dr. Moore will presem information on tho flu pandemic issue at the council workshop on August 8t~. · Thomae Lumber- loading/unloading zone Stuart Kirkpatrick, the attorney for Thomae Lumber, addressed the council. He has worked with Paul and Sandy Thomae on this issue since 1991 and gave a bfief overview. In the late 1980's and early 3 Council Workshop Minutes of July 25, 2006 1990'S, the State started having problems with allowing Thomae Lumber to unload materials offMain Street. In 1993, the city council approved an ordinance to permit Thomae Lumber to load and unload along Washington and Wyoming Avenues. They did that for several years until 2000 when the city repealed the ordinance that allowed them to load and unload on Washington and Wyoming Avenues. That made it extremely difficult for Thomae to continue operations of loading and unloading large amounts of inventory. The city council had two legitimate concerns about safety and the degradation of the road resulting from forklifts that went across the mad. The issue of solving the problem was directed to the public works dopathnent. The public works folks approved a potential agreement or the negotiations of an agreemunt to work out some arrangements so Paul and Sandy could load and unload along Washington and Wyoming Avenues. Thoman Lumber did the things requested by the city. For example, they used warning flashers on the forklitis and set out cones for the safety concerns. Paul made some commitments that he would fix the street if he ruined it. Paul was required to get insurance naming the city as an additional insured under his automobile and general liability policies. He was asked to put in a curb cut and put up some gates at the time, and that was done. There were discussions back and forth with the Laurel City Attomey and then everything just kind of stopped. Paul continued to do business and there did not seem to be any issues. Recently, Thomae Lumber received the letter from the city that stated the city would begin citing them in August. Stuart prepared a drai~ agreement that had previously been proposed in 2001 to attempt to resolve the issue to allow Paul to continue to mn his operation at his current location on Main Street. Stuart has talked with Steve, Perry, and Sam and e-mailed a drat~ agreement to Sam. The two issues are public safety issues to make sure that someone does not get hurt because of the loading and unloading. The proposed system may be important to alleviate any safety problems. Stuart distributed some copies of the proposal, which had not yet been reviewed by the city's attorney. Stuart proposed several ways to address the safety issues. Hours of use should be during regular business hours. The right of way should only be used for loading and unloading purposes. Wyoming and Washington Avenues should not be blocked completely, there should be ingress and egress, and there should be significant safety, fire, and police call concerns. When utilizing the forkliits on the right of way, they should be equipped with flashing warning lights. Warning devices like cones, a light, or whatever the law requires to provide sufficient safety for people should be used. Thomae Lumber should continue to add the city on its general automobile liability insurance polices. The second issue is road degr~rlation. There is an issue about whether the forklitts going across the blacktop would cause some unusual wear and tear on the road. When the road on Wyoming was being rebuilt this summer, Paul Thomae told JTL that he would be willing to put in an 80-foot concrete pad and pay the difference in the cost of putting that pad in versus blacktop. JTL respectfully declined him to do that, which could have resolved any kind of wear and tear issues that existed out there. Paul is willing to do things right to protect the roadway. They have agreed that if they cause a problem, they will repair the problem. The question now is how to determine when there is a problem and when there is a repair. Stuart's suggested that, if the public works director thinks the forklifts are causing problems, he should contact Paul about it. Stuart created a format to deal with the issue if Paul does not agree that there is a problem. The city and Paul could agree on an engineer to give an expert opinion about what is going to be done. If they cannot agree on an engineer, then the city picks an engineer, Paul picks an engineer, and they pick a third engineer, who has a final say on what needs to be done to repair the road and Paul's respons~ility in that. Stuart stated that it seems like an easy, simple, cost-effective method of resolving the problem without getting bogged down in arguments and issues, and Paul has agreed to it. 4 Council Workshop Minutes of Suly 25, 2006 Stuart stated that the only other problematic issue is that Wyoming Avenue is new and the blacktop has been done according to significant specifications. JTL, who did the blacktop work on Wyoming Avenue, also did the blacktop work at Paul's business in Billings, and he is comfortable with the way JTL installed the blacktop. Paul does not believe that the asphalt blacktop job done on Washington Avenue equals the quality oftha work done on Wyoming Avenue. There was no significant base put in and it may not have been done to the specificatiom for which he thinks he ought to be responsible. In the draft agreement, Stuart wrote that as long as the roadway was properly constructed in accordance with specifications agreed upon, Paul is willing to make the repairs. However, if the road is not done according to appropriate specifications, he should not have to contribute additionally for what may not be his problem. They have tried to resolve the two big issues. One issue is safety and the other is wear and tear on the road. Paul has been a good corporate citizen in this city for a long time and wants to continue to mn his business and be profitable. Stuart suggested that the attorneys should discuss the ideas of a grant of an easement, a grant of a fight of way, a license, a loading zone, etc. He stated the importance of have a long-term resolution to this issue. Dick stated that concrete is oRen used for bus stops. Smart stated that Paul has not had any problems in three years with forklifts and 18-wheelers on the asphalt at his business in Billings. They are disappointed that the concrete pad was not installed on Wyoming Avenue, as Thomae was willing to do so. Chuck asked if the city was approached by JTL regarding Thomae Lumber's request to put in a concrete pad. Mayor Olson said that, to his knowledge, the city was not approached. Paul Thomae, 3330 South Park City Road, told the council that Morrison-Maierle's engineer approached him one day about the concern with Thomae Lumber unloading trucks. The engineer said that they would like to put in a 30 or 40-foot pad of conerete. Paul suggested doing 80 feet so the trucks could drive ali the way around and not be on the blacktop. Paul said to get a price on that and let him know. The engineer returned in two days and said they were just going to do blacktop. Thomae paid $2,500 more for the boulevard, as he did not want dirt and weeds in the boulevard, and he would have paid for the difference between blacktop and concrete in the street. JTL did the work at his business in Billings. Thomae unloaded semis of sheetrock on the blacktop before they built a new building, and 15 to 18 semis go into the Billings yard every day. That blacktop is as good as the day it was done. Paul is not afl.aid oftbe street and thinks he can work on this street and will not hurt it. But if they do, he will take care of it. Washington Avenue has not been done yet. Whenever that street is done, he will stand behind that, too, as long as they do the same work as was done on Wyoming. He is not afl'aid of that blacktop. In the letter he received, somebody was watching them unload a truck load of sheetrock. That was a day and a half after the blacktop was poured. Blacktop is very soft when it is first poured and there was plenty of movement. If you look at it today, there are not any grooves or dips in the blacktop. Paul said it is not like what the letter indicated they were doing and the blacktop is as good as when it was first poured. Paul asked the council to resolve this issue so he can continue with business and is not back here in another two to three years. Council Workshop Minutes of July 25~ 2006 Chuck asked Paul if he would be willing to put in a concrete pad on Washington Avenue. Paul said he would pay the difference between what the cost oftbe blacktop and the concrete. Gay stated that this would have to be an ordinance to address everywhere in the city bemuse Cenex does the same thing on Ohio Avenue. Paul stated that the city's garbage trucks are tearing up the streets by Mabel's and the city is putting a patch there. If the city does not excavate it down better, it is only a temporary fix. Stuart stated that Paul needs some consistency to get this through, which may be a little different than the other issues because Thomae actually had an ordinance specifically authorizing the loading and unloading on both sides of the avenue. With that ordinance gone, it completely takes away Paul's ability to operate the way he needs to operate. So it is a little different in that they had already received some of those kinds of approvals from the city. Mayor Oison said that the council will be considering the option for the variance change in that area. As we go forward, the council will address an ordinance that is citywide for loading and unloading. Currently, there is not loading and unloading ability around any of the other areas. It would be site specific for a variance for that loading and unloading. There was discussion regarding the tires on the forkliits. After the letter was sent, the city informed Paul that this issue would be resolved and no fines would be enforced during the time of negotiation. Mayor Olson said that the council has to consider in their deliberations that this will be site specific. There are other considerations that will be impacted by the council's decision. Hopefully, when this is concluded, there will be a solution that will satisfy all the concerns out there. Stuart stated that the dratt agreement was written to make it a right of way instead of passing an ordinance to make it a real property interest. They are willing to work out any option to get a long- t~lm resolution to this problem. Thomae's hours of operation are Monday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to noon. Further discussion on this issue will be on the council workshop agenda on August 8th. Executive Review: · Discussion - Joint Laurel School District/City of Laurel issues o Information regarding funding for the SRO position will be presented soon. · Appointment - Designation of CTEP administrator o Mayor Oison will appoint Perry Asher as the CTEP administrator at the council meeting on August 1 ~. · Interviews for the city planner position are scheduled for Wednesday, July 26t~. · Discussion- Presentation by Dr. Susan Gflbertz 6 Council Workshop Minutes of July 25, 2006 o Gay Easton will contact Dr. Gilbertz to schedule a presentation on the findings of the study of the Yellowstone River. Review of draft council anenda for August L 2006 Announcements Mark Mace asked for permission to be out of the state next week. Doug Poehls stated that the YMCA is providing many opportunities for the youth in Laurel, in spite of the recent events of the director's t~a'aination. The YMCA Boards in Laurel and Billings continue to meet. Mayor Olson mentioned the terrific program and events at the Lewis and Clark celebration at Pompey's Pillar. Attendance at the August 1st council meefin~ Mark Mace will not attend the meeting. Doug Poehls might not attend the meetings on August 1~ and 8*. Other items None The council workshop adjourned at 7:58 p.n~ 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. 7 Dear Mayor, Council Members, and Administrative Assistant. I have had an issue arise and will not be able to make the Council Workshop tonite far which I apologize. 1 have attempted to address the planning-related issues for your convenience below. I will also address, per Council Public Hearing Protocol, each item at whatever reading is the public hearing. Cal Cumin CITY COUNCIL WORKSHOP ITEM NO. 3: PLANNING BOARD ISSUES: --Resolution approving Annexation and Zone Change to Residential Limited Multi-Family Zoning for McLelland Property at 708 East Maryland Lane, Tract B-1 of Certificate of Survey 2385 Amended Tract B (see attached Resolution): This has been through Planning Board review and comes forward with a recommendation to approve from that Board. It is adjacent to the City limits just east of the church and northeast of the new school site (which was acquired from the McLellands, I believe). The site is adjacent to paved streets and City water and sewer, so issues of City services availability are not issues in this annexation. City code allows applicants for annexation to request the zoning desired upon annexation, and McLellands have requested Residential Limited Multi-Family. This is a light multi-family zone that allows up to four-plexes; one dwelling requires 6000 square feet and, if four are planned, 10,000 square feet are required. This requested zoning fits well into the area with good traffic circulation, access to central water and sewer, and dense land use activities in the area (school and the Community- Commercial land uses and multiplexes to the immediate north in Iron Horse Station Subdivision and The Crossings (St. John's) complex. --Ordinance (First reading) for proposed changes in LMC: Table 17.16.020 to reduce the front yard setbacks for open porches: This has been through Planning Board public hearing and comes to Council with a recommendation to adopt. It reduces the front-yard setback in residential neighborhoods (the zones are listed in the accompanying Ordinance) from 20 feet to 5 feet. This is meant to encourage more "eyes on the street" and communication between neighborhood families. The concept comes from the City's Oversight Committee long-term analysis of community growth and change and the adopted Growth Management Plan. The only issue that came up was corner setback and setbacks on curves where the line-of-sight needed by vehicular traffic could be impaired by building too close to the street. After discussion with the Public Works Director, the following language was added, "--but under no circumstances shall such construction interfere with the clear vision for vehicular traffic required on corners or curves." Section 17.40.090.J.2 to reduce the amount of off-street parking required in the Community Commercial Zoning District: This has also been through public hearing with the Planning Board and comes forward with a recommendation to adopt. This change makes Laurel's Community Commercial Zoning more competitive for its businesses by reducing the amount of off-street parking required from one space per 200 square feet to one space per 400 square feet. (The Council recently did away with all off-street parking requirements for its Central Business District which is a good incentive for downtown businesses.) This is a good business incentive also. Section 17.56.030.1 to allow non-conforming dwelling units to be rebuilt when destroyed: Many homes in the older parts of Laurel are do not conform to the minimum lot size and other similar zoning requirements of the LMC which was adopted long after the homes were built. These owners of older homes cannot refinance their homes when the mortgage companies learn the home is non-conforming to zoning. This has forced the City to deal with such issues on a case-by-case basis. This ordinance change addresses this issue. Section 12.08.070(A) to allow maximum drive approaches to be 24-feet wide rather than 20 feet: This is supported by the Public Works Department and reflects the larger homes-larger garages being built, demanded, and sold in the current Laurel market. This also comes from the Planning Board, after public hearing, with a recommendation to the Council to adopt.