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HomeMy WebLinkAboutCity Council Minutes 08.03.1993Minutes of the City Council of Laurel August 3, 1993 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Cha'mbers and called to order by Mayor Charles Rodgers at 7:05 p.m., on August 3, 1993. COUNCIL MEMBERS PRESENT: Norman Orr Albert Ehrlick L.D. Collins Donna Kilpatrick Gay Easton Lonnie Kellogg Ron Marshall COUNCIL MEMBERS ABSENT: Bob Graham INVOCATION: Invocation was given by Reverend Mark DiConti. MINUTES: Motion by Alderman Marshall to approve the minutes of the regular meeting of July 20, 1993, as presented, seconded by Alderman Collins. Motion carried 7--0. CORRESPONDENCE: Received a letter from KULR TV regarding a meeting on the new cable law. This meeting was suppose to have been held on July 29th but it was postponed and no new date has been set. Received a letter from Larry Thomas regarding a building permit issued to Gary Temple for construction of an apartment on the roof of the old Citizen's National Bank; Mr. Thomas is requesting the city revoke the building permit until a more thorough investigation can be made. CLAIMS & CHANGE ORDERS - OLD LIBRARY REMODEL: Claims for the month of July were reviewed by the Budget/Finance Committee and recommended that they be paid. The Mayor stated that two change orders have been submitted for work done on city hall and the old library building~ The first is for re-roofing of city hall with the adjustment contract totaling $ 24,933.77. The second change order was for the remodeling of the building with the total contract amounting to $ 23,608.45. Motion by Alderwoman Kilpatrick to approve all claims in the amount of $ 442,675.87 for the month of July and to approve the two change orders, seconded by Alderman Orr. Motion carried 7--0. CITY CLERK & CITY TREASURER'S FINANCIAL STATEMENTS: The City Clerk and City Treasurer's financial statements for the month of June were presented. Motion by Alderwoman Kilpatrick that the City Clerk and City Treasurer's financial statements for the month of June, 1993, be approved, seconded by Alderman Ehrlick. Motion carried 7--0. PUBLIC HEARING - 1993-94 PRELIMINARY BUDGET: This being the time and place advertised, a public hearing was held. Bob Gauthier started off by stating that he hoped no one read the Gazette with too much seriousness. Bob said they distorted Laurel's picture as they compared houses; He said a $ 66,000.00 house in Laurel is probably worth $ 110,000.00 in Billings. Bob said the mills are distorted also because in Laurel, a mill is worth approximately $ 5,500.00 and in Billings a mill is worth $ 110,000.00. It is really difficult to compare as they did in the article. Bob stated that in Billings, their special assessments run more than their taxes do but that is not the case here in Laurel. (Bob spoke more on this but it was not audible.) In regard to this article, Bob said to take what was printed with a grain of salt. It is not so much that what they printed was wrong, it's what they didn't tell us. If they had printed the whole picture, it would have made Laurel look a lot better than what it showed. Bob said a restriction that the city has to work with is 1-105. This states that when the city's taxable valuation decreases 6% or more~ we can assess the number of mills to equal our dollar amount in 1986. If Minutes of the City Council of Laurel Page 2 Council Meeting of August 3, 1993 Bob stated that during the last legislature, Senate Bill 396 changed 1-105 to allow a taxing unit to continue to levy additional mills to bring in the same dollar amount as 1986, regardless of the percent of decrease in taxable valuation. This bill is effective for 1993. This translates to 110 mills and this is what Bob recommends for 1993-94. This lowers the mills from the figure of 115 that was used last year and also in the preliminary budget. Before the new legislation, the mills were proposed to be set at 106. Bob said that if it is at 106, the city would be using a lot of reserves in the general fund. If the petition to do away with the state income tax increase is successful, the legislature might have to look at reducing the city's gambling revenue. Bob said this revenue is what has saved us in the past few years and last year it brought in over $ 200,000.00. By setting the mill levy at 110 mills, it would still leave our tax revenue a little less than the 1986 figure. Bob said most of the budgets are financially pretty sound but the city is going to have to worry about finding new sources of revenue which is always difficult. Cities need to get with the legislature to make changes that will help us. Bob went on to give an overview of the budget message which is written on pages 4, 5 and 6 of the preliminary budget. In conclusion, he said the city should be fine for the next couple of years but if the legislature does not do something with 1-105 or if they decide to take some of our gambling revenue away~ we will be in deep trouble. He suggested that someone keep and eye on the legislature if they go into a special session. Don Hackmann said the league office in Helena keeps the cities well advised of what is going on in the legislature. Larry Thomas commented that he owns commercial property and the taxable valuation on his apartment building went up 24% or $ 40,000.00. Motion by Alderman Orr to close the public hearing, seconded by Alderwoman Kilpatrick. Motion carried 7--0. Motion by Alderman Orr to decrease and set the 1993-94 preliminary mill levy at 110 mills, seconded by Alderman Ehrlick. Motion carried 7--0. CLOSE PORTION OF 5TH AVENUE IN MATHIS SUBDIVISION: RESOLUTION NO. 2666 CLOSING A PORTION OF FIFTH AVENUE NORTH TO PUBLIC ACCESS The council was referred to the Street and Alley Committee minutes of July 27th. The committee agreed to haul two loads of gravel on 5th Avenue, north of West 14th Street. This is used gravel that has some asphalt mixed with it. Motion by Alderman Orr that Resolution No. adopted, seconded by Alderman Ehrlick. Motion Alderwoman Kilpatrick voting, "NO". 2666 be passed and carried 6--1 with AGREEMENT RELATING TO ANIMAL HOUSING: RESOLUTION NO. 2667 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND THE CITY OF BILLINGS~ SAID AGREEMENT RELATING TO ANIMAL HOUSING Motion by Alderman Marshal] that Resolution No. 2667 be passed and adopted, seconded by Alderman Collins. Motion carried 7--0. Minutes of the City Council of Laurel Page 3 Council Meeting of August 3, 1993 LIABILITY AGREEMENT PROGRAM WITH MMIA: RESOLUTION NO. 2668 A RESOLUTION AUTHORIZING THE ADOPTION AND EXECUTION OF THE REVISED AND RESTATED LIABILITY PROGRAM AGREEMENT ENTERED INTO BETWEEN THE MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF LAUREL DATED JULY 1, 1993; AND AUTHORIZING THAT THE ADOPTION AND EXECUTION OF ANY AMENDMENT THERETO MAY BE MADE BY MOTION Motion by Alderman Collins that Resolution No. 2668 be passed and adopted, seconded by Alderwoman Kilpatrick. Motion carried 7--0. COMMITTEE REPORTS: --Budget/Finance Committee minutes of July 20, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick Committee minutes of July 20, 1993, Alderman Orr. Motion carried 7--0. to enter the Budget/Finance into the record, seconded by In regard to the hasty purchase of the new police car, Albert Ehrlick stated that in the future, a meeting of the Budget/Finance Committee needs to be called before a purchase like this is made. The Mayor stated there was a time span of approximately two hours in which a decision had to be made. There was no time to call a meeting. It was stated that the cost of this new car is less than what was budgeted for. If we went with the 1993-94 state bid~ we would have no idea, at this time, what kind of car we would get or what the final cost would be. It was suggested that the police department hold back on using this new car for awhile so we do not end up having two cars with high mileage. The council felt this was a good idea. --City Council Committee of the Whole presented. minutes of July 20, 1993 were Motion by Alderman Marshall to enter the City Council Committee of the Whole minutes of July 20, 1993, into the record, seconded by Alderman Collins. Motion carried 7--0. --Laurel Airport Authority minutes of June 22nd and July 6, 1993 were presented. Motion by Alderman Orr to enter minutes of June 22nd and July 6, 1993, Alderman Ehrlick. Motion carried 7--0. the Laurel Airport Authority into the record, seconded by --Parks Committee minutes of July 22, 1993 were presented and reviewed. Motion by Alderwoman Kilpatrick to enter the Parks Committee minutes of July 22, 1993, into the record, seconded by Alderman Easton. Motion carried 7--0. In regard to the problem of dogs in the parks, Ron Marshall said Billings will not allow any dogs in the parks. There was discussion about signs that were suppose to have been made for the parks regarding cleaning up after your dog. --Police Committee minutes of July 22, 1993 were presented and reviewed. There was discussion regarding the development of a dress code and concern regarding facial hair. It was stated that they do not want to ban facial hair but want it kept neatly trimmed. The council discussed the proposal by the State Highway Department to install a traffic light at the intersection of First Avenue and First Street. They also discussed no left turns onto Main Street when Minutes of the City Council of Laurel Page 4 Council Meeting of August 3, 1993 The committee recommended that the city sell the 1979 Ford and the 1977 Dodge cars at an auction. Motion by Alderman Ehrlick to allow Blue Bell Auction to sell the cars at an auction~ seconded by Alderman Marshall. Motion carried 7--0. Motion by Alderman Marshall to enter the Police Committee minutes of July 22, 1993, into the record~ seconded by Alderman Collins. Motion carried 7--0. --Street and Alley Committee minutes of July 27, 1992 were presented and reviewed. Motion by Alderman Ehrlick to enter the Street and Alley Committee minutes of July 27, 1993, into the record, seconded by Alderman Easton. Motion carried 7--0. PARKING OF TRUCKS BY IGA Albert said there was discussion at the committee meeting regarding the big trucks that park by IGA. A lot of people have complained about the lack of visibility when leaving the IGA parking lot because of the trucks parked along First Avenue South. Joe Bradley stated that if the city is considering restrictions on parking, we need to contact the Highway Department. In the past, they have not had any objections to our restrictions but we do need to discuss it with them. COMMENTS FROM THE AUDIENCE: Larry Thomas submitted a letter in the correspondence regarding the building permit that was issued to Gary Temple to build an apartment on the roof of his existing building, which is the old Citizens National Bank. Larry is objecting because it would the Wiechert Apartments which are apartment. cover the directly third floor windows of east of this proposed Larry stated that he suspects there may have been and probably still is an old fire code prohibiting this. In his letter~ Larry stated he has a legal agreement between the owners of the bank building and the builders of what is now the Wiechert Apartments, specifically outlining a light court be included in any future construction by the bank. Larry added that the agreement states that the light court will be painted white. There are two other light courts on this same block and both are painted white. Due to this evidence, Larry feels that this was required at one time by the state or the city because people usually don't do things at their expense, unless they are required to do so. The Mayor asked Larry if there is a contract regarding common wall agreements? Larry said there is a party wall agreement that specifically states that he will build a light court that is 50 feet long by 6 feet wide. Larry said he spoke to Jim Worthington about his concerns before the permit was issued, hoping that the permit would not be issued and thus avoiding any litigation. Larry said Jim evidently forgot about it. Joe Bradley said that he has to believe that if Jim issued the building permit, the plans must comply with building and fire codes. The city does not like to issue a permit if they think it is going to get held up in court. But but once a permit is issued, it is very hard to revoke. Joe said technically, this is a private contract between the owners of the Wiechert Apartments and the owner of the bank building and it is up to the private parties to enforce it. If Gary is doing something that is not in compliance with that agreement, then the owner of the apartments has to stop it. The city does not do this for people. Minutes of the City Council of Laurel Page 5 Council Meeting of August 3, 1993 Joe said he talked to Gary's wife and he is telling Larry the same thing. At this point, Larry needs to get an attorney and get on Gary's back because he is violating a private contract, which the city does not enforce. Larry said he realized this but he had hoped to avoid any problems. Joe said the agreement Larry has from 1917 is pretty well defined and this agreement is still binding. When someone new buys the property, they are doing so, subject to this agreement. There have been no changes since 1917 so there has been no need to get into the terms of the agreement. Joe stated that the agreement states that the bank can extend it's roof higher to add a third or fourth floor but if they do so, they must meet certain conditions like the light court and they will pay if they want to use the stairway going up the Wiechert Apartments. It is a well defined agreement. Larry said it also states that wherever they attach to a wall, pay for half the wall. they Larry thinks the city should at least consider the issue. Joe said the city does not have anyone, at this time, who can go through the building and fire codes and check what Jim did. We will have to wait until our new engineer is on board. Larry said he thought this would now Gary can start construction injunction to stop him. end before a permit was issued, but any time and he will have to get an Larry stated that all but the north 10 feet of Gary's apartment will cover the wall of the Wiechert Apartments to the top of the five windows. Larry stated that in Gary's plans, he proposed a skylight in his roof to allow light and air in the windows but this would be impossible to get out of, in the case of a fire. The agreement calls for total light from a corridor six feet wide. Lonnie asked if parking was taken into consideration with this addition? Joe stated he did not know what Jim did when he issued the permit. Larry said Gary gave him a copy of his plans and there is no provision for a fire escape. Joe said Gary's plan was to come from the apartment onto the roof of Joe's law office, which he really didn't get permission for. But Joe did not know how he planned to get from that roof to the alley. Chuck said he could use the access with permission or he could go with the new rope type ladder, depending on the occupancy of the building. More discussion on fire escapes and Norman Orr stated that the light corridor is not meant for a fire escape. This is just a boxed area to allow light to the windows. It was stated that the fire escapes are located on the front and back of the building. Larry questioned why the owner of the Marshall Apartments went to the extent that he did with it's light court when the building is all in one story. In the future, if it builds up, the light court will be there, but why did they go to the expense of doing it? Larry suspects there may have been a reason but, if nothing else, a precedent has been set. Joe said the city has adopted the uniform fire code and that is what governs construction now. It should be pretty easy to determine what is required, APPOINTMENTS: The Mayor appointed Randy Creitz to the Ambulance Reserve. Randy is an EMT and needs to put in a specified number of hours each month in Minutes of the City Council of Laurel Page 6 Council Meeting of August 3, 1993 Motion by Alderman Orr Randy Creitz to the Ambulance Motion carried 7--0. to confirm the Mayor's appointment of Reserves, seconded by Alderman Ehrlick. MAYOR'S COMMENTS: The Mayor stated that the union will meet tomorrow night to ratify the contract. There will be two special council meetings held on Monday, August 9th. The first will be to adopt the final budget and the second will be to ratify the union contract and non-union wages. The new City Engineer will be here on August 16th. There being no further business to come before the council at this time, the meeting was adjourned at 8:03 p.m. Donald L. Hackmann, City Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 17th day of August, 1993. Charles Rodger~, MaWr ATTEST: Donald L. Hackmann, City Clerk