HomeMy WebLinkAboutCity Council Minutes 01.03.2017 MINUTES OF THE CITY COUNCIL OF LAUREL
January 3, 2017
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 Mark Mace at 6:30 p.m. on January 3, 2017.
COUNCIL MEMBERS PRESENT: Emelie Eaton Doug Poehls
Bruce McGee Richard Herr
Chuck Dickerson Scot Stokes
Tom Nelson Bill Mountsier
COUNCIL MEMBERS ABSENT: None
OTHER STAFF PRESENT: Noel Eaton, City Planner
Rick Musson, Police Chief
Kurt Markegard, Public Works Director
Mayor Mace led the Pledge of Allegiance to the American flag.
Mayor Mace asked the council to observe a moment of silence.
MINUTES:
Motion by Council Member Poehls to approve the minutes of the regular meeting of
December 20, 2016, as presented, seconded by Council Member Eaton. There was no public
comment or council discussion. A vote was taken on the motion. All eight council members present
voted aye. Motion carried 8-0.
CORRESPONDENCE.
-- COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS.
PUBLIC HEARINGS:
• Fence height variance from LMC 17.48.050 for 13 Washington Avenue
Mayor Mace stated that this is the time and place set for the public hearing on the request for a fence
height variance from the Laurel Municipal Code 17.48.050 for 13 Washington Avenue.
Mayor Mace opened the public hearing and asked staff to present the item prior to hearing the public
comments.
Noel Eaton stated that the public hearing is for a fence height variance for Jason Balzer, who is
located at 13 Washington Avenue. The applicant submitted an application for a fence height
variance along his side yard. He currently has a six-foot tall high fence from the front of his house
to the rear of his property along the alleyway. He is asking for the variance from the front of the
house to the front of the property along the alleyway. The applicant is requesting the variance due to
his neighbor to the south, High Plains Brewery, which has created an increase in foot traffic and
vehicle traffic through the alley. The applicant is also proposing a four-foot high fence in the front
yard, as well as on the north of the property line in the front yard.
Noel stated that there are two conditions set forth with this application. The first condition is that the
applicant shall apply and pay for a fence permit. The second condition is that the clear vision
setbacks must be approved for the clear vision of the alleyway, which takes away safety concerns
with people pulling out of the alleyway. She explained that it is a ten-foot clear vision triangle for
alleyways.
Noel stated that the Planning Board held a public hearing on December Pt and recommended
approval, due to the fact that:
1) granting the variance relates to a specific condition that is specific to the applicant
2) the current hardship was not created by the applicant
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3) the variance requested appears to be within the spirit, intent and purpose of the zoning
regulations; and
4) granting the variance will not injure or result in an injustice to others.
Mayor Mace opened the floor for public comment and stated that copies of the rules governing the
public hearing were posted in the council chambers.
Mayor Mace asked three times if there were any proponents.
Jason Balzer, 13 Washington Avenue, is the applicant for the variance. He is asking for the variance
for the reasons that were stated, particularly a lot of traffic and the lack of privacy at his house.
—" Jason has no problems keeping everything within the city code.
Mayor Mace asked again if there were any proponents. There were none.
Mayor Mace asked three times if there were any opponents. There were none.
Mayor Mace closed the public hearing.
• Annexation and zone change of Nutting Bros.3rd Filing, Lots 19-25
Mayor Mace stated that this is the time and place set for the public hearing on the annexation and
zone change of Nutting Bros. 3rd Filing, Lots 19-25.
Mayor Mace opened the public hearing and asked staff to present the item prior to hearing the public
comments.
Noel Eaton stated that the public hearing is the request for annexation and zone request for
Residential Manufactured Homes for the Nutting Bros. 3rd Filing, Lots 19-25. The council saw the
presentations by the planner and the developer last week. Noel stated that this request is for the
annexation and the zone request. She stated that it is hard to differentiate the facts that are still to
come for staff review. She distributed the required supporting documents for a major Preliminary
Plat application, which do not pertain to tonight's public hearing. If the annexation and zone change
are approved by the council, there will be more detailed studies that staff will have to review in the
future.
Noel explained that the annexation and zone request of Residential Manufactured Homes is for a 30-
acre parcel located west of Yard Office Road and north of Eleanor Roosevelt Drive, which turns into
East 8th Street. The current use is vacant open land and the proposed use is a Development for Rent
or Lease, or a mobile home park with one owner. The major preliminary plat is still to be reviewed.
The Planning Board held a public hearing in December and voted to recommend approval 3-0, with
2 recused. This specific development came before the Planning Board last spring for a zone change
from Residential Tracts to Residential Manufactured Homes, and then it went to the County
Commissioners. The County Commissioners denied the application due to the fact that this
development would have to be annexed into the city. The public's concerns dealt with the city so it
should go before the city council, so this is the request for the annexation and zone change.
Noel stated that the current owner of the property wrote a letter stating that this agreement is okay as
long as the annexation and the zone request are requested. The resolution is specific on the zoning
request for Residential Manufactured Homes because it is an "all or nothing" type of annexation
agreement. The Annexation Policy states that a development that is to be annexed must be annexed
in at a density greater than Residential 7500. In Laurel, that is everything besides Residential Tracts,
which are one-acre parcels. Density becomes greater after R-7500.
Noel stated the five conditions set forth on this annexation and zone request:
1. In the event public improvements have not been completed at the time a building permit is
applied for, the applicant shall provide a development agreement.
2. If the public improvements are not constructed at the time of annexation, the property owner
shall provide the city a bond or letter of credit that equals 125 percent of the estimated
engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering, the city shall utilize the
bond or letter of credit to pay for the construction, including engineering; in accordance with
GASB-34, the developer or landowner shall provide the city the total cost and/or value of the
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improvements including, but not limited to, parks, sidewalks, curb and gutter, lift stations,
and sewer and water lines, that are conveyed to the city.
3. A waiver of right to protest shall be executed and filed with the Clerk and Recorder at the
time of annexation approval.
4. A major preliminary plat application shall be submitted to the Planning Department.
5. A Subdivision Improvements Agreement shall be executed with Preliminary and Final Plat
approval.
At the Planning Board's public hearing on December 1st, there were two proponents and seven
opponents. Public input was in regards to traffic concerns on Eighth Street and Yard Office Road, as
well as East Maryland Lane. A traffic study is part of the major preliminary plat application. There
-'" were also concerns whether the city has the capacity to add a development like this for water and
sewer. At the public hearing, the Public Works Director said that there is enough capacity and the
city is doing upgrades to the plants. Kurt Markegard also attended tonight's meeting to answer any
questions.
Noel stated that there were concerns regarding response and capacity for the emergency services, as
well as safety concerns in general regarding the nature of this type of development. At the public
hearing, Police Chief Rick Musson, stated that every neighborhood has typical calls just like Alder
Ridge would. They do not anticipate going to 220 calls at this development specifically. Fire Chief
Brent Peters also spoke at the public hearing and stated that any development could have a strain on
the department itself. Chief Musson attended tonight's meeting to answer any questions.
Noel stated that she was unable to answer questions regarding the school district at last week's
council workshop. She has since been in contact with the School Superintendent, who attended
tonight's meeting.
Noel again reminded the council that the public hearing and resolution were only for the annexation
and zone change request.
Mayor Mace opened the floor for public comment and stated that copies of the rules governing the
public hearing have been posted in the council chambers.
Mayor Mace asked two times if there were any proponents.
Rob Morehead, who lives at 1014 North 32nd Street in Billings, is one of the members of the
development company for this project. He has access to last week's presentation and has a copy of
the CC&R's and the covenants that were in the Rules and Regulations. He wanted everyone to
know how serious they are and what type of community they are trying to build with this project.
They want a higher end mobile home village that is modeled like Shiloh Village and Golden
Meadows where there are strict rules and regulations.
Nick Pancheau, 112 11th Street West in Billings, gave a PowerPoint presentation regarding the
requirements for the annexation and zone change.
Nick stated the criteria and requirements and then gave a response to each one.
1. The property must be located within an area identified by city staff as a location for future
city annexation.
Nick stated that the property is within an area identified as a location for future growth. The
developers have met with Noel, and this area is within the area that is available for annexation. It
completes the gap from Alder Ridge and makes more continuity in the city services that extend out
to that end. They have provided documentation that supports the city's interest in protecting health,
safety, and welfare.
2. The city must be able to provide adequate city services.
Nick stated that they talked with the city about the capacity and the demands a project like this
would have. They have two engineers present tonight to answer any specific engineering related
questions with regard to what those specific city services might entail. Nick stated that the capacity
for water and sewer has been found to be sufficient for these additional loads. Fire mains will be
extended to service property and there is sufficient capacity. The police chief spoke previously, and
it does not seem that this type of development creates a specific strain on the police force but that
those are related to specific individuals. The developer does not believe it will create additional
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strain, although it is more area that will be within the city limits and part of the growth that cities
undertake. The school is currently evaluating its growth plan and options available to serve the
growing population in Laurel.
3. Proposed public improvements with the area to be annexed must meet all city standards.
Nick stated that the water mains will be installed in a loop fashion, as required. The sanitary sewer
system will be extended to this area and a lift station has been associated with that. Road
improvements will be part of the requirements as this project moves forward. Those will be
specifically listed in the future phases as a component of the traffic study. It would be the
developer's responsibility to improve half of Eleanor Roosevelt Drive. Improvements on Yard
Office Road would be dictated by the Montana Department of Transportation. They have committed
to explore a right out only option on Yard Office Road as a way of mitigating the impact on East
Maryland Lane.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest.
Nick stated that the property owners or future property owners, should this be annexed and the
property sale goes through, understand and agree to sign that Waiver of Right to Protest.
5. Residential densities within the area to be annexed must be rezoned at a minimum density of
R-7500.
Nick stated that there was some question on this at last week's council workshop. He explained the
difference between R-7500 and RMH zoning. RMH zoning does not quantify a number of square
feet per unit in the same way that R-7500 does. R-7500 is a zoning typology that specifies a certain
number of units per certain number of square footage. RMH specifies in Montana Annotated Code
that there should be nine units per net acre, so they have followed those requirements. That equals
roughly one unit per 4,800 square feet, per MCA, which he thinks is slightly less than that and not as
dense as mass density could allow.
6. The proposed land use must conform to the goals of the Laurel-Yellowstone City-County
Planning Board Growth Policy.
Nick understands that this project area is within the area classified as the east side. It is described in
municipal code as an area with pockets of manufactured homes and other slightly higher density
housing. The Growth Policy also specifies that the population of Laurel is growing and needs an
additional 221 units within three years. They believe this project facilitates that growth and provides
housing for Laurel's increasing population.
Scott Aspenlieder, with Performance Engineering, lives at 923 Eighth Avenue in Laurel. They have
done quite a bit of engineering and worked with city staff to ensure that the city has the adequate
backbone in water and sewer to handle the proposed development. The level of density is supported
by the infrastructure in this area. There is a lot more to do as they evaluate and prepare full design
reports for water, sewer and storm water. A full traffic study will be reviewed by the city's planning
staff, as well as the Montana Department of Transportation because of the impacts on Yard Office
Road and the frontage road. Scott stated that they went further than normal in the annexation and
zoning process because of the public concerns. They wanted to address those questions to a level in
which they know there is a solution. He stated that there are technical solutions to the concerns
regarding traffic, water, sewer and storm water. They need the approval from the council in this step
of the process to invest the money to detail and design the solutions to bring the council a fully
prepared subdivision application.
Scott stated that, as a resident of Laurel, he would appreciate the council adding an increased
ratepayer base, as the water and sewer rates have gone up markedly. That is to be expected with
aging infrastructure and expanding communities, but it would be great from his standpoint as a
ratepayer to have additional ratepayers to help carry that burden. He stated that this project will add
a tremendous ratepayer base to help carry some of that cost and to help offset some of the financial
"" burden for the rest of the residents in the community.
Mayor Mace asked if there were any other proponents. There were none.
Mayor Mace asked three times if there were any opponents.
Ron Benner, 1408 East Maryland, thanked the mayor and council for allowing him to speak. He
stated that it is a nice presentation, but he wanted the council to pick up on a couple words that they
talked about, specifically that there is more to come and that there are technical solutions for all of
this. Ron stated that it is a pipe dream until he sees the details. He spoke regarding the undue
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burden it will cause for the residents on East Maryland. Ron said he did not have a beautiful slide
presentation, but he distributed pictures of the trailer courts in Billings. The trailer courts have
trailers that are 25 to 50 years old and some trailers have junk scattered everywhere. Ron stated that
it can be called a manufactured mobile community, but it is a trailer park. They are pushing these
trailer parks into the east end of Laurel, and the undue burden is going to be on the property owners
on the east end. They will bear the brunt with property values going down and with having to
maintain Maryland. He stated that East Maryland is not a city street and is not a county street. It is a
private residential road that the city has gotten classified as an urban route, which means the city
collects money from the State off that route. Ron stated that he and his fellow citizens pay for the
road, as they are the ones that built it. He then spoke regarding safety concerns for children walking
down Eighth Street and Maryland, as there are no sidewalks there. He distributed pictures of traffic
—" jams at Maryland and Washington and at Alder and Washington this morning. Because of the
schools, the only way into town from the east end is down Maryland, as children cannot be dropped
off on Eighth Street. Ron thinks it is going to be a nightmare out there and those citizens will have
to bear the cost of it. Although he likes the idea, he stated that it is just the wrong place to put
another trailer park. There has to be a better location for this that does not impact the community,
especially residents on Maryland, as severely as this project does. Ron asked the council to think
about the concerns before voting yes on this issue.
Mayor Mace asked if there were any other opponents.
Dave Murja, 1608 East Maryland, lives right on the corner of the proposed annexation. The Quiet
Meadows Trailer Park would be located in the area that does not even adjoin Laurel proper. It
would be surrounded by established county residents who oppose the project. It would be a
commercial enterprise that has almost nothing to do with meeting the housing needs of this
community. It seeks to receive approval for 220 trailers, which would house between 570 and 700
new residents. However, Laurel's population has been increasing at the rate of only 50 to 60 people
over the last five or six years. Only about 12 percent of the population increase would normally
choose to live in a trailer court or in any kind of trailer. The existing joint City-County zoning in the
Laurel area would be bypassed by this project. The land that is already established and zoned for
trailers is more than adequate room for the needs. They are taking advantage of cheaper land. It is
based on their profits, not on the city's needs. To be viable, Quiet Meadows will need to attract
renters that do not value the low population density urban lifestyle that has been responsible for most
of the housing developments around Laurel. If the trailer park succeeds, it will create the very
conditions that much of the surrounding population attempted to avoid. In addition, the trailer park
and its trailers will have an unfavorably low taxable value per residential unit, which would impose
additional tax burdens on existing local taxpayers. Dave stated that the people in the county do not
rely on or benefit from the city's water or sewer systems. Between 115 and 140 new students should
be anticipated within a few years from this trailer park. Normal population growth within the school
district would add additional 10 to 12 students. There is no guarantee what type of population this
trailer park will attract or the number of residents or children that will be involved. It is a safe bet
that the goal will be to fill all of the allocated spaces to make as much profit as possible. He
suggested that the council consider imposing substantial impact fees on the developer so the costs
are not passed on to taxpayers. He stated that the zoning change that was considered by the County
Commissioners in November 2016 was not rejected on procedural grounds. It was denied by a
unanimous vote due to its anticipated adverse social and economic impacts to the 100 or so existing
households in this area. He talked with Commissioner John Ostlund about this decision, and he
confirmed that his vote was based on the adverse impacts to the existing residents in the area and the
loss of property values. Commissioner Ostlund told him that the Commissioners had a legal
obligation to apply State laws, which required them to consider eleven specific questions or points.
Their consideration of these eleven questions demanded denial of the zoning change. Although the
County Commission is barred from being involved in the city's decision to annex private property
and to control zoning within the city limits, State law and the precedent set by the recent zoning
change denial still need to be considered by the city council.
Mayor asked Mr. Murja to wrap up his statement.
Mr. Murja continued by saying that that nearly all of the property owners, as well as the County
Commissioners, believe that this type of housing is not compatible with the character of the existing
developments. It has an adverse impact on somewhere between $15 and $20 million worth of
property. There are currently 31 households on East Maryland, 25 households on Ridge Drive, 8
households on Eleanor Roosevelt, and 35 households between Mulberry and Juniper that deserve to
be considered. The County Commissioners recognized and carefully considered the implications of
this zone change and denied it. This city council is being asked to consider exactly the same zoning
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change and it has similar legal and moral obligations that demand the denial of the zoning change.
Thank you.
Mayor Mace asked if there were any other opponents and asked the audience to try to keep it as
short as possible.
Ed Onosko, 1602 East 8th Street, opposes the annexation because of the financial burdens on the city
and the taxpayers and the traffic on Yard Office Road, East 8th Street, East Maryland Lane and
Eleanor Roosevelt Drive. He questioned who is paying for this and is afraid it will be the Laurel
residents. He stated that the schools will be impacted. He fears there will be increased vandalism
and increased private and commercial traffic. He gets the feeling that the city has already made a
—" decision. He is sure city funds will be enhanced, but questioned to what end. His property and his
neighbors' properties will be affected in a negative way. They all work hard to improve their
situation and have challenges along the way, and they all have supported Laurel in the past and will
continue to do so in the future. But they have come to a defensive stance because they are trying to
protect their investments. He questioned whether the city's loyalties would lie with the investors and
the developer or with the citizens.
Mayor Mace asked if there were any other opponents.
Todd McKeever, 1702 East Maryland Lane, stated his concerns regarding the financial burden it
places on the residents. He urged the council not to support this without all of the details in front of
them to make this decision.
Mayor Mace asked if there were any other opponents.
Nancy Lausch, 1608 East Maryland Lane, has lived in her house for 40 years and has seen a lot of
changes. She does not understand why the public has not had more input than they have been
allowed on this project. Personally, she does not want a trailer court in her back yard. She stated
that one of the board members stands to gain financially because she has the listing on the property.
The developer is into it for monetary reasons. She thinks it is going to hurt, not only the county
residents, but also the city residents because they will have to build a new school. She questioned
who will pay for the utilities. She thinks that, before the council can make a good decision, the
whole city of Laurel needs answers on this regarding costs and who is paying for what. Traffic is
her big issue. According to the developer's website, they are going to put in 220 trailers with two
cars per unit, which is 440 cars. With an average of three trips per day, the east end of Laurel cannot
take care of that much traffic, as there is already a problem on East Maryland. Nancy's last issue is
that Mrs. Fox, who owns the land directly east of the proposed trailer court, also has a big piece of
land that she can now develop. The whole east side is going to be hammered with mobile homes,
and she does not care to see this.
Mayor Mace asked if there were any other opponents.
Trevor Gibbs, 2215 Blue Sage Drive, agrees with everything that has been said for the opposition.
His biggest concern is for his son who is a third grader. He is already in classes with 28 to 30
students in his classroom. He worries about the school district and whether it can handle an increase
in students that are going to come into the city.
Mayor Mace asked if there were any other opponents.
Gene Eckhardt, 1723 East Maryland, has lived there for 39 years and has seen a lot of traffic. Gene
and Ron Benner were on the board that got the road put in. The county plowed the road a little
wider, which allows two cars to drive down the road without almost sideswiping each other. Gene
spoke regarding the school buses that go out to the trailer court to pick up kids. Instead of going
down the old highway, the buses come down East Maryland. Drivers drive 45 mph over the speed
bumps. He is concerned about the traffic and that a child is going to get killed out there someday.
He has contacted the county sheriff and the highway department, and they cannot patrol it. In the 37
years that he has lived there,he has seen two sheriffs and one highway patrol stop a kid. Gene stated
that they do not need that traffic on East Maryland.
Mayor Mace asked if there were any other opponents.
Gregg Hafner, 1628 Pinyon Drive in Laurel, has been a resident of Laurel for about 38 years. He
was here when the trailer court east of Yard Office Road was proposed. They were told it was going
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to be a beautiful showplace, but it is ugly and disgusting. Greg spoke regarding the traffic on Yard
Office where it connects with Highway 10. The state redid the intersection a few years back, but he
thinks it is very unsafe. If another 200+ cars are going to Billings and coming from Billings at 7:00
in the morning and 4:00 in the afternoon, it is just a matter of time before there are horrible wrecks
there. The pole is in a bad spot and the guardrail is too high. He agrees with everything that people
have said tonight. He stated that the council has a lot of unanswered questions that need to be
addressed before it can give the okay for this annexation.
Andrea McKeever, 1702 East Maryland Lane, shares the concerns that have been stated. They have
a beautiful community out there and none of them bought property with the intention that they were
going to be butted up next to a trailer court. They have concerns about safety. They are in the
—" county on East Maryland Lane and have to call the Sheriffs Department to come out of Billings
when there is a problem. They have had problems with people from the existing trailer court. She
asked one of the officers if a Neighborhood Watch would help, and he said that there is a problem
down there. Andrea stated that they take pride in their homes, it is a beautiful community, and she
would like to see it stay that way.
Mayor Mace asked if there were any other opponents.
Dave Newton, 1310 East Maryland Lane, has lived in Laurel consistently for 22 years and on East
Maryland for nine years. He lives on the S corners on Fir and East Maryland. In the wintertime, he
consistently has people going off the road into his yard and over his landscaping. His main concern
is the kids that walk to and from school on Maryland and the high schoolers and adults driving down
East Maryland almost hit them. The residents live too close to have school bus capabilities there.
His kids have to walk down Maryland or cross the soccer park and walk down East 8th, which is
narrow and can barely pass two cars side by side. Those are the two main northern arteries to the
school system. There are no sidewalks and no infrastructure for people to walk, and the drivers
almost hit the kids. The traffic is just going to increase, but they cannot handle the traffic out there.
By the time he calls the sheriff and reports it to the city, he literally has to chase a car around Laurel
on the phone with the dispatcher relaying the information, and that is if the police officer has time to
respond. He has stopped numerous high schoolers out in front of my house for speeding and doing
burnouts. Dave stated that the soccer park is a free-for-all and it is city property. He calls it in and is
told there is nothing they can do. Drug deals go on down there and that is from the beautiful east
trailer court, which has been nicknamed Swamp Village for the last 30 years. He spoke about the
cars that are parked in the soccer park at night, the people that drive down the ditch access, the
backpacks and stolen items that are laying in the field, and what will happen when these people sell
the property and it goes downhill.
Mayor Mace asked twice if there were any other opponents.
Mayor Mace asked Noel Eaton to answer some of the questions.
Noel stated that a lot of concern has to do with the unanswered questions. She explained that the
resolution is written with the conditions of approval for this annexation so that the Subdivision
Improvements Agreement and the development agreement are filed and executed before the
annexation is real. It is essentially conditional annexation approval. The Subdivision Improvements
Agreement comes with the major Preliminary Plat application and is filed with the Final Plat.
Before the annexation really takes effect, the conditions have to be met, being the Subdivision
Improvements Agreement, which is a component of the major Preliminary Plat application, so the
questions are answered before the annexation goes into effect.
Noel stated that the concerns with 8th Street and the flow of students and traffic is a fairly hard
situation. If it were not for the fact that there are so many county pockets along Eighth Street, an
SID would probably have been created. Mixing an SID with county and city is difficult. She would
—' have imagined that would have already been done with the mobile home park on the east end of
town.
Noel asked Linda Filpula if she would like to speak regarding the school district's capacity and
busing procedures.
Linda Filpula, 619 West 8th Street, stated that safety for students getting to and from school would be
the main concern from the school's perspective. She explained that the Alder Ridge trailer court is
inside the three-mile radius, so the school district does not get reimbursed from the State for bussing
students. Because there is no safe path for kids to get to school from Alder Ridge, the district has
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always provided transportation, which is at taxpayers' expense. Linda stated that the school is not
for or against a proposed development. So the council has a clear understanding, she explained that
the school district would feel compelled to provide transportation if Eleanor Roosevelt is not
developed all the way down and there is nowhere for kids to walk. Transportation would be
provided at the taxpayers' expense because it falls within the three-mile radius. The transportation
and safety of the kids to and from school is a huge consideration. As for the increase in the number
of kids, Linda stated that the school district is actually over capacity, which is currently being
discussed in their facilities planning. They anticipate an increase of roughly 2 percent, but she does
not have an estimate of how much impact 220 kids would be. The good news is that the school is in
the planning stages, so should this development be approved, they could plan for more growth.
Linda again stated that it is fair to say that the community is growing, as they have seen an increase
—' of about 200 to 300 kids in the past five to six years. Whatever decision the council makes, the
school district will factor it into their long-term planning.
An audience member questioned why his kids still have to walk back and forth down Maryland Lane
when kids are bussed from Alder Ridge and would be bussed from the proposed trailer court. He is
a taxpayer and owns two properties.
Mayor Mace asked twice if there were any other opponents. There were none.
Mayor Mace closed the public hearing.
CONSENT ITEMS:
• Claims for the month of December 2016 in the amount of$934,167.32.
A complete listing of the claims and their amounts is on file in the Clerk-Treasurer's Office.
• Approval of Payroll Register for PPE 12/18/2016 totaling $181,872.58.
• Receiving the Committee/Board/Commission Reports into the Record.
--Budget/Finance Committee minutes of December 20, 2016, were presented.
IMMO
--City-County Planning Board minutes of December 1, 2016, were presented.
--Council Workshop minutes of December 27, 2016, were presented.
--Library Board minutes of October 18, 2016, were presented.
--Library Board minutes of November 15, 2016, were presented.
The mayor asked if there was any separation of consent items.
Council President Poehls separated Claim L69.16 from the claims for the month of December 2016
for further consideration.
Motion by Council Member Easton to approve the consent items, as amended, seconded by
Council Member McGee. There was no public comment or council discussion. A vote was taken on
the motion. All eight council members present voted aye. Motion carried 8-0.
CEREMONIAL CALENDAR: None.
REPORTS OF BOARDS AND COMMISSIONS: None.
AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None.
SCHEDULED MATTERS:
• Confirmation of Appointments.
Laurel Police Reserves
Council Minutes of January 3,2017
Mayor Mace appointed Gregory Contreraz, Joshua Rachunok and Kyle Krenik to the Laurel Police
Reserves.
Motion by Council Member McGee to approve the Mayor's appointments to the Laurel
Police Reserves, seconded by Council Member Eaton. There was no public comment or council
discussion. A vote was taken on the motion. All eight council members present voted aye. Motion
carried 8-0.
• Resolution No. R17-01: Resolution of the City Council granting a variance from the
City's zoning regulations to allow the property owner to construct a six-foot fence at 13
Washington which exceeds the fence height limitation for properties zoned Central
Business District pursuant to the Laurel Municipal Code.
Motion by Council Member Dickerson to approve Resolution No. R17-01, seconded by
Council Member Poehls. There was no public comment or council discussion. A vote was taken on
the motion. All eight council members present voted aye. Motion carried 8-0.
• Resolution No. R17-02: Resolution of annexation and approval of zone change for Lots
19-25, Nutting Brothers Subdivision, 3rd Filing, to the City of Laurel, Yellowstone
County,Montana.
Motion by Council Member Nelson to approve Resolution No. R17-02, seconded by Council
Member Poehls. There was no public comment.
Council Member Dickerson stated that he is in favor of the annexation, but he is not for it in
conjunction with the zone change for manufactured housing. If this goes through and the criteria is
not met and the annexation takes place, it will be for manufactured housing, whether it be this
project or another project down the road. In order to get that changed from manufactured housing to
some other type of zoning, the council would have to go through the complete request again. He is
not in favor of the zone change to manufactured housing at this time.
Council McGee told Mayor Mace that someone missed the opportunity to make public comment
would like to do that.
Rob Morehead, 1014 North 32nd Street in Billings, make a couple of points. They have heard
repeatedly that the traffic is a major concern and the types of people that they are going to attract in
this type of community. He wanted to bring up a couple key differences on what they are trying to
accomplish. Rob stated that Alder Ridge is individual lots. There is no governing body over that
community, and there are no rules, regulations or covenants. They can sell off individual lots,
sublease lots, or do whatever. This is a completely different model in that the lots will not be
subdivided and they will be controlled by one central body to maintain the quality of the community.
Rob stated that this is the perfect development for this property for the simple fact that the types of
demographics they will attract and the community that they are trying to build will be transitioning
people. It will include very young couples with young children and then the older generation that is
transitioning from a traditional home to a residence like this prior to a retirement community. He
has interviewed people that reside in these communities and tried to learn why they want to be there,
and a major reason is because they feel safe. Rob spoke about the tax base. In other communities in
Yellowstone County, such as Sunhaven, Golden Meadows, Shiloh Village, those areas generate
around $80,000 on the real estate and the average for all of the mobile residents in that community
averages $130,000. There will not be 220 residents overnight, as the project will be built over the
course of several years. They do not want to rush it but want to build this community at its own
pace.
Council Member Dickerson stated that he was a councilman in Ward 4 when Alder Ridge came into
being. He heard a presentation of how Alder Ridge was going to be developed and what they
planned on doing. Sunhaven Trailer Court was his front yard. When Alder Ridge started out, it
started out with good intentions, but you can go there now and see which manufactured homes were
there when it began.
Noel spoke regard the question on the zone change sticking with the property. The resolution is
specifically written so that is that it is all or nothing with an annexation and a specific zone request.
That means that the zone request only takes place if the annexation takes place. The annexation can
only take place if the conditions are-met, the Subdivision Improvements Agreement has been met
and the Development Agreement has been met. There will not be a 30-acre property out there zoned
9
Council Minutes of January 3,2017
Residential Manufactured Homes with nothing else coming forward. If the subdivision application
falls through for whatever reason, the annexation falls through and therefore the zoning falls
through.
Council Member Dickerson asked if the annexation still takes place if the annexation goes through
and the zoning falls through.
Noel explained that the annexation can only be this specific zone of this zoning request. It is all or
nothing. The zoning request and the annexation came forward together and the annexation is
determined by the Subdivision Improvements Agreement and the zoning is determined by the
annexation happening.
Council Member McGee stated that the developer, the Planning Board and the planner have done an
excellent job of building a case for the annexation of this property, but he thinks they are lacking the
zoning. He spoke regarding Chapter 17.60 of the Laurel Municipal Code which empowers the
Planning Board to also be the Zoning Commission.
Council Member McGee read from LMC 17.60.020:
"Land use variances issuance and denial - Determination procedure".
A. It shall be the duty of the zoning to authorize, upon appeal in specific cases, such land use
variances from the terms of the zoning ordinances as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the provisions of the
ordinances or regulations will result in unnecessary hardship, and so that the spirit of the
ordinances shall be observed and substantial justice done.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property."
Council Member McGee does not think it meets that criteria.
2. Unless the grant relates to a condition or situation special and peculiar to the applicant.
As Noel has pointed out, it certainly does under that point because this annexation and this zoning
change are absolutely necessary.
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;"
Council Member McGee stated that one could make a case of the county or the zoning as it is
already done creates a problem, but that is not really the case. The zoning laws in place that say if it
would be zoned Residential 7500 if the land is annexed exist for very specific reasons. That has
been predetermined as the appropriate size for annexation of property into a city.
5. Unless the variance would not affect adversely or injure or result in injustice to others;
J J
Council Member McGee thinks that is questionable, given the testimony the council heard from
opponents tonight.
6. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
Council Member McGee stated that the applicant does not own the property, as the council received
a letter from the owner that says he encouraged them to pursue this.
Council Member McGee stated that the council is faced with making a determination on a zoning
and annexation approval that is coupled together and is not allowed to be separated. Laurel
Municipal Code allows both of these at the same time. He thinks this is a case in which Resolution
No. R17-02 meets part of the criteria, that is the criteria for the annexation, but it does not meet the
criteria for the zone change. He is concerned with the examples that the developers have used of
Shiloh Village and Golden Acres in Billings as projecting an idealistic mobile home courts or parks
as part of their ultimate plan. He stated that Shiloh Village is zoned a Planned Unit Development, or
a PUD, not Residential Manufactured Homes. He questioned if they have the right zoning for the
change they want to make and he is concerned about that.
Council Member McGee stated that there is a need for low-cost individual housing. He understands
that it would develop over time and that the necessary traffic study will come with the subdivision
application, but he thinks it is unfortunate that the council does not have the information in advance.
He wonders if this is not exactly the right resolution for this plan. The Growth Management Plan
10
Council Minutes of January 3,2017
suggests that the places for growth would be north and west of the city, not to the east of the city. It
is interesting that this is the second time in less than six months this council has faced a decision
about mobile home courts east of the city. It seems to be the desire of developers to go with that
kind of housing and he wonders why. He questioned why a developer is not before the council
wanting to develop this thirty acres into Residential 7500 because that is what it should be zoned if it
were annexed into the city.
Council Member Nelson stated that he agrees with most of the council's statements. Council
Member McGee stated that the zoning seems to be there for a reason, and Council Member Nelson
believes it is. He does not believe the infrastructure is there for a project like this. There is no such
thing as a no right turn on Yard Office because there is no enforcement available. I would not
happen without blocking off all the southbound traffic from Airport Road south. He does not think
this project is in compliance with the Growth Policy, which should be followed. He does not see any
good way to mitigate the traffic generated from the zone change. Council Member Nelson stated
that his prominent issue is the zone change.
A vote was taken on the motion to approve Resolution No. R17-02. Council Members Poehls and
Herr voted aye. Council Members Stokes, Mountsier, Nelson, Dickerson, McGee and Eaton voted
nay. Motion failed 2-6.
ITEMS REMOVED FROM THE CONSENT AGENDA:
Council Member Eaton stated that the item that Council Member Poehls separated was discussed by
the Budget/Finance Committee and the council will be informed soon.
COMMUNITY ANNOUNCEMENTS (ONE-MINUTE LIMIT): None.
COUNCIL DISCUSSION:
Council Member Mountsier encouraged everyone to bundle up tonight, as it will be -17 degrees by
5:00 a.m.
Council Member Nelson stated that, now that the holiday season is over and the New Year is
officially here, he hopes the council has another year of making good decisions.
Council Member Dickerson stated that the Park Board will meet on Wednesday, January 11th,
instead of Thursday, January 5th
Council Member Eaton thanked the public that attended the public hearing and spoke tonight.
Council Member Eaton stated that the Public Works Committee will meet on Monday, January 9th,
at 6:00 p.m. instead of 5:30 p.m.
UNSCHEDULED MATTERS: None.
ADJOURNMENT:
Motion by Council Member Mountsier to adjourn the council meeting, seconded by Council
Member Eaton. There was no public comment or council discussion. A vote was taken on the
motion. All eight council members present voted aye. Motion carried 8-0.
There being no further business to come before the council at this time, the meeting was adjourned at
7:54 p.m.
Cindy Ailed, Council Secretary
Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 17th day
of January, 2017.
11
Council Minutes of January 3,2017
ga..4
Mark A. Mace, Mayor
Attest:
4111r
Bethan '"""eler, Clerk/Treasurer
12
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ANNEXATION CRITERIARjti \
lage Estates
AND REQUIREMENTSENDc�w
1. The property must be located within an area identified by city staff as a
location for future city annexation. 4•
2. The city must be able to provide adequate city services.
3. Proposed public improvements within the area to be annex must meet all
city standards. ^
` s r
4. All property owners within the area to be annexed must sign a Waiver of
Right to Protest
5. Residential densities within the area to be annexed must be rezoned at a " = p
minimum density of R-7500
'4 cry►
6. The proposed land use must conform to the goals of the Laurel Yellowstone
City-County Planning Board Growth Policy.
ANNEXATION CRITERIA AND REQUIREMENTS ,
) Q.-.13,IE "
billa$e Estates
CRITERIA #1 •
.
The property must be located within an area identified bycitystaff as aE. �O�v
�...location for future city annexation. CRITERIA # 1 RESPONSE:
• The property is within
an area identified as
EXISTING ZONING GRADIENT a location for future
•
"`' 4
� growth,
as indicated by
.�N:41r7, . 4„ M � - 440-), ' ('�► z • • * ° '4 the graphic to the left, and n
d
� ., � ,�
4 Y `y _ / . by conversations with city
planning
officials.
j
♦
,
��,, We have provided
documentation/
ntat'on including
,'fi
- - '
MANUFACTURED
CC&R's that have been
crafted in a way that
supports the city's interest in
t. '� .49,1* ' � MINI STORAGE
protecting health, safety,and
�
welfare.
g''' i .OTTY"FACILITY .
R-MULTIFAMILY RP
ANNEXATION CRITERIA AND REQUIREMENTS
Q,V..•4
Vittage Estates
CRITERIA #2.• � E DO1N /?
The city must be able to provide adequate city services.
CRITERIA #2 RESPONSE:
• Water and Sewer:
Capacity is sufficient for the additional
loads created.
_.. .joeso, ^•i•+*•1 Ni0• ,,. ,,,3....,,.., ..coaI 1. •iif•4oa r.--000111411064100 -
• Fire Service:
r� r le Fire Mains will be extended to service
E�?
.* G � «� * Oil k E3 ® ® C>
' E e , ,.. y n X property, there is sufficient capacity. City
11
•. •,!i•#• 4 e e S :; ,••0.••i •.•di di
• 0, sl E 0 y fire fispeak to their ability
to servOficeciathlse area.can
• • Police Force:
•••••+® •�•0•••i e 0 + fi l •.4i • ;
,t.
?; ,,� '. CityPolice Officials canspeak to
t
.. _,, ', 1.,i"t t :S . �._E &. 0 their ability to service the area, but
11 .. ".' 0000ee •e••••••••, aEy•y000943000•t! ••- ,
J, have not noted specifically hight rates
i ;t • • alt • • c ! h g 1 •4 0 o e • of crime associated with this type of
J( ;
<:+ - . development.
the
N
�• �? �`"�.� ,/"""' it � � �
0€1
z .. n . "." :7)::*".: :417, •
• O•• .. ,, '••q•'•0.0• :� Schools:
••• ��, - The School District is currently
" " evaluating it's growth plan and�. a x options available to serve the growing
Eleano oossev l D : , .' a , population in Laurel.
, a
tea, -
ANNEXATION CRITERIA AND REQUIREMENTS
UIEFT-)•
. “Ilage estatesMCRITERIA #3Proposed public improvements within the area to be annexed must meet all E1�DC..--
city standards.
CRITERIA #3 RESPONSE:
Water Mains: Water main
loop to be installed.
_ _ --,_ _____---
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4° Sanitary Sewer Mains:s
:
• ••••••• o Egle 1" I : • •••••06 ' ••.•••••• d 0.i+ N ED
• • •• • ° ° a • • •• • • ° ° o • 6 •• ° °• • • •s• o ° _ . Sanitary Sewer System
to be'40
e
installed, alleviate sewer flow
issues to south west.
Sanitary Sewer Lift Station:
New lift station as deemed
3 •••00.00...... 0004.. 0
•o• •••••.•••.• ® ® 0 • , .. S•••••••••••
t _ I. �_.., _ f ,t _, ,, 1 L 0 ' ary.ss . Location'on to be
nece
* f) -0 * 6 - 66 •••..•••••••• " 04.x : .. •••• ••• •• determined.
i Road Improvements:
• ,
•
• Yard Office improvements
�� :. To 0 i••••: e s e 0 •••^.• I : �: . per MDOT. Right-Out only
• .. ._ ,. �,ii AGOAr
exploration.
• •••• 001, 00 •eo•••••® .
••• • Force Main: New main to
.Low, + �' �' evacuate sanitary sewer.
":,:.
4.40.--- L..1114111111.11 ,0,,.4. +. w . Road Improvements:
i /2 of Flhrinor Rnncevelt Dr
ANNEXATION CRITERIA AND REQUIREMENTS
CRITERIA #4: .Q.U,......... tage Estates
� E ND OW
All property owners within the area to be annexed must sign a Waiver of Right
lrl
to Protest CRITERIA #4 RESPONSE:
• The property owners
=•• understand and agree to
l'''''' '___ �I sign a Waiver of Right to
�
�,_ ... �• o,► wa es �,, �,,, �. * „ _ Protest
_ �t
,, -. .= _ry
• 00• • • • i
,,,. .. �
o+ ' 1 x — , . ,. ,
� ce rea0090I� &� ' •� ' -a 0 _
d
0
• tl31Y , i..
"n� ;a000* t* eel l- 0....a
.
e.
nmiL, te �� wi
Eleanor Rooseve tiDr
ANNEXATION CRITERIA AND REQUIREMENTS
CRITERIA #5QjJIFT
••
IResidential densities within the area to be annexed must be rezoned at a MEk13 %5
minimum density of R-7500
CRITERIA #5 RESPONSE:
• The proposed zoning is
RMH.
MINIMUM REQUIRED PROPOSED
• RMH meets the requirement
R-7500.• VS,
1 UNIT/7500 SFRMH: 9 UNITS/ NET AC. for a zoning that is more
dense than R-7500.
:_.
•
•.....•0••a•••••.• : •••••• ••2,0*00 • In an RMH Zoning density
�`' • e•sa aammo ,pct t.t r '' is prescribed by a maximum
•'.040• *MID* 0 40140 • of 9 units per net acre, or
a• •••• °_ ''•' roughly 1 unit per 4,840 sf
i*.. •.... :440of net site area.
• „, EleanorRooseveit�r ` ” r ., + +at
1Pe
ANNEXATION CRITERIA AND REQUIREMENTS
QUI ,T
CRITERIA #6: Village Estates
The proposed land use must conform to thegoals of the Laurel Yellowstone
E�D(7w
City-County Planning Board Growth Policy.
CRITERIA #6 RESPONSE:
EAST SIDE This project fits within the
-- ,-,41/4114growth policy description
r, , � ,� � a .. � row � f th "East S'de" as
"� � r an area with ockets of
:',, .. - f,..:4
� � " manufactured homes.
„:-:,..r,i,..,42.'
., :4v..
.` _ population is growing
The
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.' ' ' - ,� _ and needs an additional
"* m '' � 221 units within 3 years.
f.. . � � ,, � �. �, This project facilitates that
i
� w°
growth.
It
- , Itxtcl kt-,„,' "..-aliii 17: , 't P,. .'' •sI,,k,St':r"i'tc. .t
,,,.,,"
This protect provides housing
17 F ' ,� . '` for Laurel's increasing
M. population,
opu a ion,
",�p 1 t' in a sustainable
_ , � �p'‘N. and responsible manner.
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8am East Maryland traffic at Alder intersection—Looking toward Washington (west)
mamma8am Traffic going north on Washington trying to get on East Maryland—looking north
Roads and Intersections with Traffic Concerns °
O
0 ° 0
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EMM ei A'
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b "
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= by the residents on that road. This road was never meant to
-,,.. • connect the east end of Laurel with central Laurel
.' ! ; Fir and Alder service everything north of East Mary land.
`e East Maryland services all sub divisions north via "2ird Office
_,_ . :, ., . and the Alder Ridge Trailer park.
Sub Division Regulations state that:
50 homes= 500 trips/day
250 home = 2,500 trips/ days
These roads and intersections can't handle t uis traffic
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View down Yard office of East Maryland Old Hwy and Eleanor Roosevelt (looking w St)
(Looking south to the old hwy and railyard)
Looking west on 8th at the development site 8th looking west to the middle school
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Intersection Fir and 8th (looking West) 8th approaching middle school
Fir and 8th looking south Fir and 8th looking north
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