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HomeMy WebLinkAboutCity Council Minutes 03.16.1993Minutes of the City Council of Laurel March 16, 1993 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 Charles Rodgers at 7:00 p.m., on March 16, 1993. COUNCIL MEMBERS PRESENT: Lonnie Kellogg Albert Ehrlick L.D. Collins Donna Kilpatrick Gay Easton Bob Graham Ron Marshall COUNCIL MEMBERS ABSENT: Norman Orr INVOCATION: Invocation was given by Alderman Collins. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of March 2, 1993, as presented, seconded by Alderman Collins. Motion carried 7--0. CORRESPONDENCE: Received the February minutes and activity report from the Yellowstone County Air Pollution Control Board. CITY CLERK & CITY TREASUREBJS FINANCIAL STATEMENTS: The City Clerk and City Treasurer*s financial statements for the month of February were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of February, 1993, be approved, seconded by Alderman Collins. Motion carried 7--0. GERALD AISENBREY - WATER BILL ADJUSTMENT: Gerald Aisenbrey addressed the council regarding high utility bills at 220 Forrest Avenue. The house belongs to his father-in-law and it has been vacant since he passed away. It is now in probate. Gerry stated that prior to November 1992, there was minimum usage in the house. On February 10th, Jeanette Dolechek called Mrs. Aisenbrey and said there was a high reading and they made an appointment to have someone from the city come and check to see if there was a leak or something. The employee from the city could not find a leak. Gerry said that in November, since there was no one living there and it was cold, he turned on the sink so there was a little drip. In the stool, being the pipe runs under a porch and back into the attached bathroom, there is 1/8" pipe that is hooked into a 1/4" line that goes up to the stool. Gerry said he turned this on a little bit also. On February 10th Jeanette said the bill would be high so he knew it would be more because he turned this on in October. Gerry said he was out of town and when he came back he went to check the house, which he does about every ten days. He measured the water that was running out of the sink and one gallon of water took 9 1/2 minutes, which would be 151 gallons in a 24 hour day and the 1/8" line to the stool took 7 1/2 minutes, which is 192 gallons a day. Gerry said the valve on the overflow seeps a little bit and he estimated that that contributed about 75 gallons a day. Over all, he figures he is using about 418 to 425 gallons a day. The council had copies of Gerry's utility bills from November 1992 through February 1993. Gerry referred to the February bill which totaled $ 514.82 and said this was for 27 days. According to his figures, he feels he used about 11,299 gallons for this period and this converts to 15.11 cubic feet. When he received this bill he came to City Hall and said he thought there was something wrong with the meter. Gerry said they talked about it and he was told there usually isn't anything wrong with the meter but he was sure there was. Gerry said he is a water operator and supervisor of the Briarwood Subdivision and he has the same certification as the people at the city. Gerry said he has had meters at the subdivision go bad, because anything that is man-made can go bad. Minutes of the City Council Page 2 Council Meeting of March lB, 1993 of Laurel Gerry asked the city if he could have the meter to have it checked by the place where his meters are checked by a factory representative. He was told he could not have the meter. A date was set up on March 2nd to have the meter taken out by an employee to be checked. Gerry said he was quite surprised at how it was taken out because in his job he was told how to take them out, which is to leave it all intact with the meter on top, the valve and everything. Gerry said pretty soon the meter came flying out the basement window and then the part below. He was not asked to come down and see how it was checked or anything. On Monday, March 8th, Gerry attended the Public Utilities Committee meeting to present his case. The committee voted 4--3 to leave the bill as it stands but Gerry was told he could come before the council. On Tuesday, Gerry went to Miles City for a meeting with the Water Quality Bureau and while there, the group toured the Miles City Water Plant. He asked them what they do in a situation like this. He was told they take the meter off, leave it intact and give it to the customer. The customer then makes an appointment and takes it to the plant to have it checked. Gerry talked to someone who works for the Billings Heights water system and they told him pretty much the same thing. They take it apart, give it to the customer and they take it to the plant for inspection. In Hysham, meters are taken to the factory representative in Billings to be tested. Glasglow and Glendive allow the customer to be present when testing is done. In Colstrip, the customer has to take the meter to Miles City to be tested. All places have the meter intact. Gerry looked at the machine at Miles City and State Water and Measurements Company. He said Laurel's shop so he doesn't know what we have. it is inspected by the he was never invited to At the committee meeting, all the work orders were handed out that pertain to this case. One of the orders has the low~ medium and high readings that were a result of the tests but they have no pressure so we don't know what the pressure was, according to the order. Gerry said the order shows they read the meter on the 9th and it registered 228940 and on the 10th it was 229000. If you take these figures from one day and convert it to gallons and then multiply it by 27 days, you'll come up with 12,117 gallons for the month. Gerry said his estimate was 11,299 gallons. He said the bill should have been pretty close to what he estimated or approximately what was used on the December bill. To use as much as he did on the February bill of $ 500.00, you would have to run it for 27 days solid and get five gallons per minute for the full 24 hours a day. Gerry said he checked a bathroom at his home and he can't get that much water out, even if it was being flushed all the time. He has been in the house about every ten days and there was nothing running and the man from the city went through the house and couldn't find a leak. So~ somewhere along the line~ Gerry feels the meter or the remote went bad and his bill jumped ten times in two months. That is where it stands now. In regard to the motion that was made at the committee meeting, Bob Graham said he made a motion based on the testimony of the city worker who said the water meter was accurate. Bob's motion was to leave the water portion of the bill at $ 193.72, but excuse the sewer portion of the bill which totaled $ 312.10, but the motion died. The other motion was made, as stated in the committee minutes, to leave the bill as is. Bob said sewer bills have been excused in the past but there is a difference here. They have been excused when there is a broken pipe or a broken hot water tank. Bob said in this case, it was a deliberate act to leave the water running. Bob said it comes down to a basic thing. The council has to decide whether Gerry is correct in saying the water meter was inaccurate or are we correct saying the meter is registering accurately. Bob called the council's attention to the January and February bills. The cost of services jumped almost four tim~. Tho,~ 4o *~ Minutes of the City Council of Laurel Page 3 Council Meeting of March 16, 1993 L.D. Collins directed the council's attention to the comments written on the work order dated February 10th. The service man wrote that "they have a sink running, a tube running in toilet and over flow in storage tank running". Bob said all three valves would have to be wide open to run that much water out of there. In regard to the same order, Gerry said this reading is right from the city man where he read it as 2289.40 on February 9th and as 2290.00 on the 10th. If you figure this out in 24 hours, you come up with 448 gallons a day. You multiply this times 27 days and figure it in cubic feet and you come up with 1620 cubic feet, which is where he was in November with the same system. These readings were after the high bill so he again stated that anything man-made can screw up, especially when you are working with electricity. Dave reported that the meter was checked at low flow~ which is a quarter gallon a minute and it registered 96%, 92% and 95%. The water flowed into a low volume tank and the reading on the meter was checked against the volume. On medium flow, which is two gallons a minute, the meter registered 100.1% straight across the board. On high flow, which is about 28 gallons a minute, the meter registered 73.5%, 92% and 94%. Dave said he feels the meter was reading correctly and the only way the meter will turn is to have water flowing through it. It was stated that John Minch checked the meter. Dave said we can send the meter to the company and have them check it but it's going to cost. We can also have the representative from the company come out and talk about it. Gerry asked if the remote had been tested and Dave said we ran the remote against a winder, which has to move ten cubic feet before it will change. They did check it and it registered correctly. Albert Ehrlick commented that when you tear something out by pieces, anything can happen. Dave said the head came off the body, there was nothing torn apart. Dave had a meter and explained the workings of it. In response to a question, Dave said the only way he knows that a meter can speed up is if there is air interjected into the system. Lonnie asked if it is possible to get five gallons a minute and Dave said it definitely can be done in town. Gerry responded by saying that you can't get it through a 1/4" line. More discussion regarding the way that Gerry had things running in the house. Dave said that in his experience, when a meter has gone bad, it also tests out that way at the shop. He has never seen a meter that is bad in the field and tests out correctly in the shop. Bob said the reason he made the motion to excuse the sewer bill in committee was to give this man some relief and the second reason was because there seems to be some doubt about the accuracy of the meter. L.D. said he has a problem with this because the water turned off and the lines drained, problem. if they would have had we would not have this Gerry said it is a matter of convenience for him and he was willing to pay $ 50.00 for thisi but not $ 500.00. Ron Marshall asked why Gerry was running the water in the first place. Gerry said the p1pes run out under a porch and the furnace in the house is in the attic. Since no one is living there~ he decided to leave a little trickle running to prevent freezing in the line. It was stated that heat tape would have been much cheaper. Gerry said at the $ 500.00 amount, yes. but at th~ ~ 6s ~s ...... + .... ~ .... Minutes of the City Council of Laurel Page 4 Council Meeting of March 16, 1993 Motion by Alderman Graham to charge Gerry Aisenbrey $ 193.72 for water, $ 9.00 for garbage but not charge him the $ 312.10 charge for sewer charges for the month of February, seconded by Alderman Ehrlick. Motion carried 6--2 with Alderman Kellogg and Collins voting, "NO". Gerry is getting a $ 312.10 adjustment on his February bill. DUMPING FEES: ORDINANCE NO. 1072 (first reading) AMENDING SECTION 8.04.210 OF THE LAUREL MUNICIPAL CODE, DUMPING FEES Motion by Alderwoman Kilpatrick that Ordinance No. 1072 (first reading) be passed and adopted, seconded by Alderman Ehrlick. Joe Bradley explained that two references to landfill operator were taken out and fees can be collected by the operator at the dump or at city hall. Lonnie Kellogg stated that landfill operator was added to the ordinance because of a suggestion from the auditor. Since the treasurer was the only one allowed to collect money, the auditor suggested that we add landfill operator to the ordinance. Joe said we can pass this on first reading and find out about this before the second reading. A roll call vote was taken on the motion. Motion carried 7--0 with all alderman voting, "YES". CONTAINER SITE: ORDINANCE NO. 1073 (first reading) AMENDING SECTION 8.08.010 OF THE LAUREL MUNICIPAL CODE, CITY TO OPERATE CONTAINER SITE Motion by Alderman Marshall that Ordinance No. 1073 (first reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 7--0. SOLID WASTE FEES FOR NON-CITY RESIDENTS: ORDINANCE NO. 1074 (first reading) AMENDING SECTION 8.08.020 OF THE LAUREL MUNICIPAL CODE, SOLID WASTE FEES FOR NON- CITY RESIDENTS Motion by Alderwoman Kilpatrick that Ordinance No. 1074 (first reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all aldermen present voted, "YES" Motion carried 7--0. COLLECTION BY CITY EXCLUSIVE: ORDINANCE NO. 1075 (first reading) ADDING SECTION 8.04.240 TO THE LAUREL MUNICIPAL CODE, COLLECTION BY CITY EXCLUSIVE Motion by Alderman Collins that Ordinance NO. 1076 (first reading) be passed and adopted, seconded by Alderman Easton. A roll call vote was taken and all aldermen present voted~ "YES". Motion carried 7--0. RATE FOR SPOT TRUCKS FOR RESIDENTIAL USE: RESOLUTION NO. 2640 ESTABLISHING A RATE FOR SPOT TRUCKS FOR RESIDENTIAL USE. Motion by Alderman Graham that Resolution N~. Page 5 Council Minutes of the City Council of Laurel Meeting of March 16, 1993 Dave explained that the city has a resolution charging $ 25.00 for a spot truck but this resolution would update it and charge $ 6.00 a yard, per Resolution No. 2570. In regard to a question, Dave stated that the truck is picked up each night before the crew quits and we have dumped it twice for the $ 25.00 fee. A vote was taken on the motion. Motion carried 7--0. REPEALING AUXILIARY POLICE DEPARTMENT TO OPERATE: ORDINANCE NO. 1069 (second reading) REPEALING SECTION 2.76.030 OF THE LAUREL MUNICIPAL CODE, AUXILIARY POLICE DEPARTMENT TO OPERATE Public Hearing: No comments. Motion by Alderman Marshall to close the public hearing, seconded by Alderman Graham. Motion carried 7--0. Motion by Alderman Kellogg that Ordinance No. 1069 (second reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 7--0. VOLUNTEER AMBULANCE SERVICE - ASSESSMENT OF COSTS: ORDINANCE NO. 1070 (second reading) AMENDING SECTION 2.76.150 OF THE LAUREL MUNICIPAL CODE, VOLUNTEER AMBULANCE SERVICE- ASSESSMENT OF COSTS Public Hearing: No comments. Motion by Alderman Kellogg to close the public hearing, seconded by Alderman Collins. Motion carried 7--0. Motion by Alderwoman Kilpatrick that Ordinance No. 1070 (second reading) be passed and adopted, seconded by Alderman Collins. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 7--0. ESTABLISHING A JOINT YELLOWSTONE HISTORIC PRESERVATION BOARD: ORDINANCE NO. 1071 (second reading) ESTABLISHING A JOINT YELLOWSTONE HISTORIC PRESERVATION BOARD Public Hearing: No comments. Motion by Alderman Graham to close the public hearing, seconded by Alderman Ehrlick. Motion carried 7--0. Motion by Alderman Graham that Ordinance No. 1071 (second reading) be passed and adopted, seconded by Alderman Ehrlick. A roll call vote was taken and all aldermen present voted, "YES". Motion carried 7--0. Don Hackmann asked Gail Kenson if the agreement will be forwarded to us so we can sign it. She stated they are waiting for the copy from the tribes and then they will send us all three at once. COMMITTEE REPOHTS: --Budget/Finance Committee minutes of March 2, reviewed. Motion by Alderwoman Kilpatrick to Committee minutes of March 2, 1993, into Alderman Collins. Motion carried 7--0. --City Council Committee of the Whole presented. 1993 were presented and enter the Budget/Finance the record, seconded by minutes of March 2, 1993 were Minutes of the City Council of Laurel Page 6 Council Meeting of March 16, 1993 Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of March 2, 1993, into the record, seconded by Alderman Collins. Motion carried 7--0. --Oity-County Planning Board minutes of March 1I, 1993 were presented and reviewed. Motion ~ Alderman Ehrlick Board minutes of March 11, 1993, Collins. Motion carried 7--0, to enter the City-County Planning into the record, seconded by Alderman Joe Bradley said the council has to consider Land Use Variance 93-01~ filed by A Haus of Realty, which comes from the Planning Board without a recommendation. The motion made in committee to recommend that it be granted~ did not pass because it takes six "Aye" votes and the motion failed by a vote of 5 in favor and i opposed. Joe said A Haus of Realty is here to present the same argument to the council. Meda Fadness stated that everyone knows the history of the building at 620 2nd Avenue where A Haus of Realty was previously located. They had a non-conforming use when they purchased the building. In May they moved their office to 309 First Avenue and about a month later they rented 620 2nd Avenue to an AA group. The purpose in requesting a continuance of the non-conforming use is because they have a pending sale on the building. The man who wants to purchase it will have a photography shop in part of it and his wife will have a counseling business in another part of it. Meda said the variance application stated that they wanted to continue with the non-conforming use for these two people and also to continue to have AA in the building for a year. That is part of the purchase agreement because the man purchasing it does not intend to get started until sometime in the future. In the meantime, he wanted the income generated by the AA group. Meda said they came to the Planning Board just expecting to go forward, not realizing this would open a can of worms. They found out they had lost their non-conforming use because it had not been a real estate office for over six months. They were not aware of this and did not realize that the zoning reverted back to it original state of R-6000. Meda said the building itself has never been a residence but the residential zoning goes with the land, not the building. She said she is confused because they were told they have to give the AA group notice that they have to move since all they can have in the building is a real estate office because that is what the non-conforming use is for. They lost that use but Meda said an AA group can be in a residential area. In summary, Meda said they have a building they would like to sell. They would like a continuance of the non-conforming use so they can sell it to the previously mentioned couple. In regard to a question, Meda said the woman does counseling in many different areas which include marriage, family and kids in trouble. She is in no way connected with the AA group. L.D. questioned whether we can give a variance to somebody who is not going to use the variance. If we grant this, it would be to a real estate company who is going to sell it to another party who will be doing a different kind of business in it. Joe said A Haus of Realty has a buy-sell on the property. The proper way would have been to let the proposed buyers ask for this and make a condition on the buy-sell, pending approval. Joe said it would be nice to have the buyers here to tell you exactly what they are going to do, but this can still be decided on the merits. Joe said the council did the same thing back in 1984 for Mrs. VanNice. She was the owner of the property and requested a variance and the council passed Resolution No. 2044 which allowed her to put in a five person real estate office. She then sold it to A Haus of Realty on those terms. Minutes of the City Council of Laurel Page 7 Council Meeting of March 16, 1993 Only one letter of protest was received and their objection was with the noise incurred when people are leaving the AA meetings. Meda said there were no protestors at the Planning Board meeting. Bob Graham said that if this variance is granted, will the AA group continue to use the building until the new owners arrive? Meda said that is what A Haus of Realty would like. Lonnie said the motion that failed at the Planning Board recommended that the variance from the discontinuance ordinance be granted, subject to AA moving out of the building and no commercial activity be extended to the residential part of the building. Joe said it is a definite zoning violation to hold AA meetings in this building. It does not fit into the non-conforming use of a five person real estate office that was granted and our zoning ordinances specifically require social clubs, charitable organizations and fraternal groups to meet in commercial areas. Joe said that regardless of what is done with the variance, the AA group cannot meet there. Hazel Klein said they are puzzled because they are not sure what the status of their building is. If they have lost the non-conforming use and it reverts back to what it was, they don't really know what it was because it has always been a business and yet the residential zoning goes with the land. They would like the city to tell them what they have and then, beyond that point, if it does not satisfy the purchaser, they are not sure they want it granted. Carole Mayes stated they did write a by-sell agreement, upon the council's approval. contingent Joe said the ideal situation would have been to have the purchaser here asking for the variance but since they are out of the area, that was highly inconvenient. Under these conditi0ns~ Joe said there is no reason the council cannot consider this on the merits. Meda said they later found out that a photography studio can operate in a residential home and you do not need any kind of variance. Joe stated that is correct since a photography studio is construed to be a home occupation under the category of artist, sculptor, musicians and etc. and is a proper use under home occupation. Joe said this piece of property has really been limited by Resolution No. 2044. They are stuck with the terms of it. The council will vote on whether or not A Haus of Realty has lost this variance. Their request for variance is to get around the discontinuation ordinance which says that if you don't use it for the non-conforming use for a period of six months, you lose it and the property reverts back to a R-6000 residential zone, allowing duplexes and single-family dwellings. Joe said in his opinions having lost the non-conforming use, they now have a single family residence with a funny room attached. They want some relief from that discontinuance ordinance so they are asking the council to let them keep the non-conforming use. If this is passed, they have the non-conforming use as a real estate office. The next question is whether a counseling office and a photography studio are similar enough to let them continue using it. Resolution No. 2044 says~ "... a office, or use substantially the non-conforming use as a real same or similar". estate Hazel asked if it was necessary for them to ask for this change? Joe said it is not necessary for A Haus of Realty to ask for the granting of the studio and counseling service. It would be sufficient for their purposes to just see if the council would let them continue their non-conforming use. It would be up to the new owners to come before the council to see if they would grant them the variance for non-conforming use, based on their businesses. Cal Cumin said he feels it i~ imno~+~+ +~+ +~ Minutes of the City Council of Laurel Page 8 Council Meeting of March 16, 1993 always been a home. It is currently being rented as a home. Meda stated there is a door that connects it to the business portion of the building but the door has not been used to go back and forth between the two since the VanNice's lived there. More discussion regarding the violation AA is in by meeting in this building. In response to a question~ Cal stated that anyone can get together for a meeting in a basement but when you charge them to use the space, it becomes a violation. Bob Graham clarified what he understood of the situation and stated the motion would read to continue the variance that A Haus of Realty has for a real estate office or for a like use. If this passes, there would have to be a second motion to decide whether the counseling service would be considered a like use. Bob said we would only approve the counseling service~ not the photography studio because they would have to get approval from the Planning Board for a home occupation. Joe said you would not approve the counseling tonight either because they only want back their non-conforming use. They will leave it as a real estate office until they talk to their buyer and see if the conditions are acceptable to them. Meda stated that if the council grants them a continuance of the non-conforming use and it sits vacant longer than six months, will they lose it again? Joe said they would because those are the terms of our ordinance and we cannot change the terms. If the six months expired, they would have to go back to the Planning Board again, One of the realtors asked whether they could put a duplex in? Joe stated that it is zoned for duplexes but you would need to comply with all building permits and codes. There would be no question about lot coverage and setbacks because the building is already in place. It was stated the people who are interested in the property have no plans to live in the building. They currently own a home in Laurel and plan to move back into it. They plan to rent the house portion of the building. They have no plans to make any part of the home into office space. Joe clarified the Planning Board's recommendations on the property. They were to grant the variance under the discontinuation ordinance, restore the non-conforming use subject to AA moving out of the building as soon as possible and no commercial activity be extended to the residential part of the building. Motion by Alderman Ehrlick to grant the variance under the discontinuation ordinance, restore the non-conforming use, subject to AA moving out of the building as soon as possible and no commercial activity be extended to the residential part of the building, seconded by Alderman Kellogg. Motion carried 7--0. Joe told the realtors they have their real estate office back for a period of six months. One of the realtors stated that when they rented the space to AA, they thought it was a like type of thing. They instructed AA to come to city hall and make sure it was alright to do this. They did come and they were told that it was OK. They came to see if they needed a license to move into there and city hall told them they did not need one. Joe stated they would not need a license because they are a charitable organization, The women from A Haus of Realty stated they wanted to be sure they covered all the tracks and they thought they had. In regard to a question, Joe advised the buyers to come before the Planning Board to get the assurance that this business is substantially the same. Joe said the buyers would be asking for an interpretation of the use so they would not have to go through the process of petitionin~ the nei~hhnr~ nCni~ ~h~ D]~n=;~ n~ ..... ]J Minutes of the City Council of Laurel Page 9 Council Meeting of March 16, 1993 In regard to the photography studio,, this is a different issue and the gentleman would have to fill out an application and come before the Planning Board for a home occupation. Although there is no petition of the neighbors required, the board recommends that the person contact the neighbors and tell them what they plan to do and see if there are any objections. --Garbage Committee reviewed. minutes of March 8, 1993 were presented and Motion by Alderman Graham to enter the Garbage Committee of March 8, 1993, into the record, seconded by Alderman Motion carried 7--0. minutes Ehrlick. --Public Utilities Committee minutes of March 8, 1993 were presented earlier in the meeting. Motion by Alderman Collins to enter the Public Utilities Committee minutes of March 8~ 1993, into the record~ seconded by Alderman Marshall. Motion carried 7--0. COMMENTS FROM THE AUDIENCE: None APPOINTMENTS: None MAYOR'S COMMENTS: Chuck stated that he hopes everyone is getting their information into Dave for the budgets so Don can have it by the first week in April. Donna Kilpatrick requested permission to leave the state from March 30th to April 12th. Motion by Alderman Kellogg to grant Donna Kilpatrick permission to leave the state, seconded by Alderman Graham. Motion carried 7--0. Chuck Rodgers requested permission to leave the state from April 20th to 26th. Motion by Alderwoman Kilpatrick to grant Chuck Rodgers permission to leave the state, seconded by Alderman Ehriick. Motion carried 7--0. A Public Utilities 22nd at 5:00 p.m. contacted regarding Committee meeting will be held on Monday, March It was stated that Shelley White needs to be the time of the meeting. There being no further business to come before the council at this time, the meeting was adjourned at 8:12 p.m. Donald L. Hackmann, City Clerk Approved by the Laurel, Montana, ATTEST: Mayor and passed by the City Council of the City of this 6th day of April, 1993. Donald L. Hackmann, City Clerk