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2010 Minutes

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January 4, 2010 | Regular Meeting

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THE 1318th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JANUARY 4, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:05 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook were also present.

The mayor swore in the newly elected council members, the Police Chief and the new Police Officer.

Mr. Bischoff made a motion to approve the Regular Meeting Minutes from December 7, 2009 & Special Meeting Minutes from December 9, 2009.
Mrs. Williams seconded the motion.
Motion passed.

ANNOUNCEMENTS

Mayor Roll announced the Local Government Training to be held on January 27, 2010.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; None

Personnel; Council Member Bischoff announced that per City Attorney, Heather McDougall, he had copies of the email correspondence between the council to be put on file for public record.  He turned copies over to the City Clerk.

Water/Sewer; None

Streets/Sidewalks; None

Budget/Finance; None

Police; Mr. Orr announced the swearing in of New Police Chief

UNFINISHED BUSINESS

Skateboard Park location;  Trent Oelberg spoke to the council and announced that the Skateboard group met with the U-Serve Tennis Court Board and came to an agreement.  Mr. Oelberg stated that Rich Thompson thought it would be the best place for the Skateboard Park and by putting the Skate Park by the Tennis Courts it would detour the skate boarders from skating on the tennis courts.  Mr. Oelberg also brought endorsements from the neighborhood around the proposed skateboard park area that states they are not opposed to the skateboard park being put in the area if rules are posted and strictly enforced by the City of Libby.  Council Member Williams stated that she was impressed and greatly appreciative of the U-Serve Board and the Skateboard Board getting together and working out their differences and solving them together instead of coming to the council to try and make a decision.  Mr. Oelberg stated that both conditions that were in question have been meant and that the Skateboard Board is asking the Council for a vote on the location of the Skate Park.
Mr. Orr made a motion to allow the skate park to be built on the location by the tennis courts
Mrs. Lawrence seconded the motion.
Motion Passed.

Legion Baseball Park fencing; The Legion Baseball Park is asking for $3,368.10 from the city to help with ballpark fencing.  Mrs. Williams stated that she spoke with Park Supervisor Corky Pape and that he endorses the city giving the money requested of the City for the help with the baseball park fencing.  Mrs. Williams also stated that Mr. Pape was aware that it would come out of one of his budgets.
Mrs. Williams made a motion to approve the city giving $3,368.10 to the Legion Baseball Park to help with fencing.
Mr. Bischoff seconded the motion.
Motion Passed.

Licensing   Laws, Deborah Sprankel; Deborah Sprankel of Beartooth Mechanical at 317 California Avenue spoke to the council about licensing laws in the City of Libby and State licensing laws.  Mrs. Sprankel spoke to the council about individuals working in the city limits without proper licenses in regard to plumbing, electrical and City Business Licenses.  Mrs. Sprankel stated that she believes that the city council is responsible to promote the safety and health issues in the community.  She stated that she believes it is in the city ordinances and that the council is responsible to see that the city ordinances are followed.  Mrs. Sprankel has already contacted the State and turned in certain individuals and the State is looking into this further.  She stated that she is hoping that the City Council will also state enforcing their ordinances to help control this problem.  Mrs. Sprankel said our Building Inspector has the authority to check for the proper licenses also any licensed plumber is qualified to ask for proper licenses.  Mrs. Sprankel requested that the council put something in the newspaper, radio, cable TV etc. going over city ordinances on Business Licenses so the people would know who is or isn’t suppose to have a Business License.  Mrs. Sprankel would also like to see a list of people who have business licenses put on the city web page so that someone that is looking for someone to do some work could check and see if they are licensed to do work in the city.  Mrs. Sprankel asked if there were any questions.  Mr. Orr said he had a question for the mayor.  Mr. Orr asked the mayor if the City Building Inspector was here tonight.  The mayor answered that the building inspector was right behind Mr. Orr.  Mr. Bischoff asked if the licensing Mrs. Sprankel was talking about was a state enforcement issue.  Mrs.  Sprankel stated that the state does have the responsibility to license and enforce for licenses and that they are looking into some of the complaints that has been brought to their attention at this time.  Mrs. Sprankel also believes that it is a city responsibility due to the city ordinances.  Mr. Bischoff stated he was not sure and would like to talk to Heather McDougall, the City Attorney about it.  The mayor stated that he would like to take Mrs. Sprankel’s statement under advisement and that there is a lot of questions that need to be answered.  Mr. Orr stated that he had one point of advise that like the mayor stated the state does have the responsibility to enforce their laws.  Mr. Orr stated that he believes that Mrs. Sprankel has more traction with the state concerning working on enforcement of state licenses.

Mr. Ron Higgins was asked to come forward to answer a few questions.  The mayor asked about the money from building inspections.  Mr. Higgins stated that all money received from the building fund is support the building inspections budget.  Mr. Higgins stated that he was in agreement with the city to work for an hourly wage not 75% as is stated in the ordinance.  He also stated that it is good and bad because some years there are enough revenues from building inspections to cover his charges and some years there are not.   The Mayor asked Mr. Higgins if he was required by the state to request a license from electrical or plumbing contractors.  Mr. Higgins answered that he could.  Mrs. Williams asked Mr. Higgins how he felt about enforcement and if he feels it is needed.  Mr. Higgins answered that he thought so especially in commercial applications.  Mr. Orr asked where the money for the Business Licenses goes.  The mayor answered that it goes into the general fund.  Mr. Orr asked if the City Clerk knew how much money the Business Licenses brought in.  The Clerk answered that she did not know at this time but that the Statement of Revenues that had been given to the council would have it stated.  Mr. Orr asked Mr. Higgins if his duties required more money.  Mr. Higgins answered that he did not need more money this year but probably did last year.  Mrs. Williams asked Mr. Higgins how many hour a week he spent in being the Building Inspector.  Mr. Higgins answered that it varies but he tries to work between 16 and 20 hours a week.  Mr. Orr asked if this would go into some sort of committee.  Mayor Roll answered that he would assign new committees and then probably put it into the building committee.

Approval of Business Licenses for 2010 received;
Mrs. Benson made a motion to approve the Business Licenses for 2010 received to date.
Mr. Bischoff seconded the motion.
Council Member Lawrence stated that the council was asked to review and approved the Business Licenses and asked what the standard for approval was.  City Attorney, Heather McDougall said that the business has to be lawful.  The City Attorney then read the City Ordinance pertaining to Council Member Lawrence’s question.  Council Member Lawrence posed a question that if we have people that are coming in and asking for business licenses who are plumbers or electricians and that it has been brought to our attention that they need a state license would the city be interested in requiring to see the license.  The mayor stated that the requirements may be on the application.  The mayor read the requirements for business licenses from the city ordinance.  Mr. Orr stated that when he reviewed the packet that he didn’t know from reading the packet if 501-C3’s (charitable organizations) are required to have a business licenses.  The mayor stated that it would have to be looked into because he was not sure.  The City Attorney, Heather McDougall was asked to look into whether the hospital needed to have a business license.  Mrs. Lawrence stated that she had found about 4 businesses that she did not feel needed a license because they were not in the city limits and did not do any services or sales in the city limits.  She stated that she gave those applications to clerk Donna Moe.
Motion Passed.

NEW BUSINESS

Choosing new council president; Mayor Roll stated that normally the council president is the senior member who is Mr. Bischoff.  The mayor asked if someone would make a motion.
Mr. Orr made a motion to install Peggy as council president.
There was no second.
Mrs. Lawrence made a motion to appoint Mr. Bischoff to council president.
Mrs. Desch seconded the motion.
All voted in favor of Mr. Bischoff except Mrs. Williams who stated she felt there was a conflict of interest with Bill Bischoff.
Motion Passed.

Resolution # 1750 loan and match for Waste Water Plant Project PER;
Mrs.Williams made a motion to approve Resolution # 1750.
Mr. Bischoff seconded the motion.
Motion Passed.

Subdivisions 101; Kristin Smith, Director of the Lincoln County Planning Department went over the subdivision review process for the council.

Bentgrass Overview Subdivision;  Lisa Oedewalt went over the Bentgrass Overview Subdivision.

Approval of Beer, Wine and Liquor Licenses for 2010;
Mrs. Williams made a motion to approved the Beer, Wine and Liquor Licenses for 2010.
Mr. Orr seconded the motion.
Motion Passed.

Senior Citizens request for new cook stove; Dedi Coy, Project Manager of the Senior Citizens Center talked to the council about the need for a new cook stove at the Senior Center.  The Senior Center is asking for a donation of $500 towards the purchase of a new cook stove.  Deborah Sprankel of Beartooth Mechanical offered to do the propane lines for the new stove at no charge.
Mr. Bischoff made a motion to approve a $500 donation to go toward the purchase of a new cook stove for the Senior Citizens Center.
Mrs. Desch seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

Cabinet Heights Sewer Project Draw;
Mrs. Williams made a motion to approve the Cabinet Heights Sewer Project Draw contingent upon Edstrom Constructions being current on their liabilities.
Mr. Orr seconded the motion.
Motion Passed.

Discussion on continuing prayers at council meetings; Mayor Roll stated that he got an email from the Reverend Benson from the Christ Lutheran Church a couple weeks ago, the mayor called him and he said all he wanted to know was since Trent had mentioned that he was not going to schedule the prayers for the City Council Meetings anymore did the council still want to have prayer at the council meeting.   Reverend Benson said that if council still wanted to have prayer at the council meetings that the Libby Ministerial would find somebody to continue on.  Mayor Roll stated that he would call Reverend Benson and let him know that the council would like to continue having prayer at the council meetings.

Review Payroll and Claims for December 2009;
Mr. Orr made a motion to pay payroll and claims for December 2009.
Mrs. Williams seconded the motion.
Motion Passed.

HEAR THE PUBLIC

Gordon Sullivan who owns Cabinet Books and Music came before the council with two questions and a request.  Mr. Sullivan’s first question was does Environmental Restoration have a City Business License.  Mr. Orr stated that they do.  Mr. Sullivan’s second question was whether the properties that have been cleaned by the EPA have been evaluated by the Building Inspector as to whether they are meeting codes, specifically relevant to air handling and air passage in the attics.  The mayor stated that he would find out what the building inspectors authority is on this kind of thing.  Mr. Sullivan asked if the city would hire a expert to have go back and evaluate these properties with respect to mold being left in the attics.

Arland McGill of 807 Wisconsin Ave.  spoke to the council about his concerns about what has been going on between the council members trading jabs back and forth at each other in the papers.  Mr. McGill said he was encouraged about the council ability to get along during the meeting tonight and would like to encouraged the council to continue to get along and work on projects together.  Mr. McGill stated that when the council does not get along it makes it difficult to support the city.  Mr. McGill stated he will pray for the council and that the council is in his heart and on his mind.

ADJOURNMENT

Meeting was adjourned at 8:40pm.

Attest:

Mayor Doug Roll                                                        City Clerk/Treasurer Glena L. Hook



WORKING COMMITTEE MEETING JANUARY 4, 2010 IN THE COUNCIL CHAMBERS

The Council, Mayor and Attorney Alan Payne discussed comments concerning the OU1 Park site.  A meeting was scheduled for January 11, 2010.

Attest:

Mayor Doug Roll                                                        Council President, Bill Bischoff



COMMITTEE MEETING JANUARY 11, 2010 @5:30pm IN THE COUNCIL CHAMBERS

Mayor Roll called the meeting to order at 5:30pm and led the pledge of allegiance.

Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Clerk-Treasurer, Glena L. Hook was also present.

Mayor Roll wished Duane Williams Happy Birthday.

Mayor Roll stated that the council was here to finalize the OU1 comments.  The Mayor asked for any objections to the comments on the OU1.

Mr. Bischoff stated he thought that comment # 17 should be eliminated.  Mr. Orr disagreed with Mr. Bischoff.  After a discussion between Mr. Bischoff and Mr. Orr the Mayor polled the council.  Mrs. Williams stated, as written she was opposed to comment # 17.  Mrs. Lawrence stated she was against comment # 17.  Mrs. Benson stated as written she was against comment # 17.  Mrs. Desch agreed that she was also opposed to comment # 17.  Mr. Orr protested the manner in which the mayor asked the question.  The Mayor stated that he had put it out to the council and asked if anyone had a revision.  There was no revision at the time.
Mr. Bischoff asked if this should be done more formally and made a motion that they completely withdraw comment # 17.
Mrs. Lawrence seconded the motion.
Mr. Orr asked for a voice vote.
Mayor Roll asked if there was any more discussion.
Mr. Orr stated his opinion and personally named Mr. Bischoff.
Mr. Bischoff asked the mayor for a Point of Order due to a personal affront by Mr. Orr.
Mayor Roll stated that Mr. Orr’s allegations would not be permitted.
Mr. Orr stated that he believed that Mr. Bischoff had a conflict of interest.
Mayor Roll called for the voice (roll call) vote.
Mrs. Williams voted I, Mrs. Lawrence voted I, Mrs. Benson voted I, Mrs. Desch voted I, Mr. Bischoff voted I and Mr. Orr voted Nay.
Motion Passed 5 to 1.

Mrs. Lawrence made a motion to strike the second paragraph of comment #4.
Motion died for the lack of a second.

Mr. Orr made a motion that we strike the last sentence of paragraph 2 of comment #4.
Mrs. Lawrence seconded the motion.
Motion Passed.

Mr. Orr made a motion to remove original comment #18 and replace it with Mrs. Lawrence’s version of comment #18.
Mr. Bischoff seconded the motion.
Motion Passed.

Mrs. Williams requested that the City’s comments and the City/County Health Board minutes be place in the City minutes.

Mr. Orr made a motion to remove comment #11 & #12.
Mr. Bischoff seconded the motion.
Motion Passed.

Mr. Orr made a motion to remove the question in comment # 13.
Mrs. Williams seconded the motion.
Motion Passed.

Mrs. Lawrence made a motion to change the last sentence in comment # 14 to read, visible vermiculite at OU1 given its history is unacceptable.
Mr. Orr seconded the motion.
Motion do not pass by a 4 to 2 vote.

Mr. Bischoff made a motion change the first sentence in the second paragraph to read; Therefore, the City requests no ROD be issued.  If a ROD must be issued from the PPOU1, that it be a interim ROD.
Mrs. Benson seconded the motion.
Motion Passed.

Mr. Orr made a motion to add to the end of comment #15; at no cost to the city.
Mrs. Williams seconded the motion.
Motion Passed.

The meeting was adjourned at 6:28pm.

Attest:

Mayor Doug Roll                                                        City Clerk/Treasurer Glena L. Hook



THE 1319th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JANUARY 19, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.

Pastor Roy Yoder of the Libby Amish Church offered prayer.

Mr. Bischoff made a motion to approve the Regular Meeting Minutes from January 4, 2010, Working Committee Meeting Minutes from January 4, 2010 & Council Meeting Minutes from January 11, 2010 with Mr. Orr’s addition to January 11, 2010 stating that Mr. Orr believed Mr. Bischoff had a conflict of interest.
Mrs. Benson seconded the motion.
Motion passed.

ANNOUNCEMENTS

Mayor Roll announced the Local Government Training to be held on January 27, 2010.

Mayor Roll announced that the breakfast meetings will change to the Libby Café starting January 27, 2010.

Mayor Roll spoke to the council about renewing the MAC lease.  There were no objections.

Mayor Roll spoke to the council about a support letter for Mt. Public Radio.  There were no objections.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; None

Personnel; Council Member Bischoff stated that they had chosen a new mechanic for the position open for the City of Libby and that the first choice had declined the position.  Mr. Bischoff then stated that the second choice would be offered the job.

Water/Sewer; Council Member Robin Benson stated that the Water and Sewer committee would be touring the Water Treatment Plant during the next week.

Streets/Sidewalks; None

Budget/Finance; None

Police; None

Building and Industrial Park; Mayor Roll read a report from Building Inspector Ron Higgins on Building Permits for Libby during 2009.

UNFINISHED BUSINESS 

Bentgrass Subdivision; Kristin Smith, County Planner, spoke to the council and handed out a report on the Bentgrass Subdivision. Ken Davis, of Ken Davis Surveying PO Box 896, Troy, Mt. representing the developer spoke to the council about the Bentgrass Subdivision.
Mr. Orr made a motion to extend the deadline date for approval of the subdivision for 30 days starting January 27, 2010 with the condition that a Geo Technical Report would be done.
Mrs. Williams seconded the motion.
Motion Passed.  City Administrator Jim Hammons will work with Kristin Smith, County Planner.

Licensing laws, Deborah Sprankel; Mayor Roll gave to Building Committee for follow up.  Mrs. Sprankel stated that she wished to work with the committee.

DNRC, Jeremy Rank;  Mr. Rank spoke to the committee about the Right of Way that the DNRC wishes to purchase from the City of Libby.  Mr. Hammons, City Administrator was asked to work with Jeremy Rank of DNRC and iron out the details and then report back to the council.

Department of Transportation, Highway work;  Mayor Roll stated that he would call the Dept. of Trans. and ask that someone come to the next council meeting to explain the paperwork that was sent to the mayor to sign and answer any questions the council may have.

NEW BUSINESS

Police Chief Jim Smith talked to the council about video surveillance equipment that would deter the vandalism on Mineral Avenue.  The Mayor asked the Council to consider Chief Smith proposal.

Police Chief Jim Smith brought hand outs and presented to the council that he would like to replace two patrol cars this year with payments not starting until January 2011.  Chief Smith stated that the two new patrol cars would not increase his budget as the current payment ends July 2010 and new car payments begin January 2011, and the payments not being more but less than the old lease agreement he would not need any more budget authority to acquire the two new police cars.
Mrs. Williams made a motion to approve two new cars for the Police Department.
Mr. Bischoff seconded the motion.
Motion Passed.

Ryan Jones of Morrison-Maierle spoke to the council about the inflow meter at the waste water plant.  Mr. Jones explained that the City is in violation of DEQ compliance.  Morrison-Maierle is working on a PER for future waste water plant improvements.  Mr. Jones also stated that a new inflow meter would be installed at the waste water plant what would comply with the DEQ’s requirement of measuring incoming water.

Approval of Business Licenses 2010 received;
Mr. Orr made a motion to approve the Business Licenses received for 2010.
Mrs. Lawrence seconded the motion.
Motion Passed.

Draft Ordinance, Bicycle Traffic Safety;
Mr. Orr made a motion to approve the draft ordinance on Bicycle Traffic Safety, subject to change before the 1st reading of the ordinance.
Mr. Bischoff seconded the motion.
Motion Passed.

HEAR THE PUBLIC

Deborah Sprankel of 317 California Ave. spoke to the council about putting the requirements for business licenses in the paper.  The Mayor stated he would look into it.

Shanda Jennings of PO Box 1052 Libby spoke to the council about her disappointment in the way the burial lot for her son was dug in the cemetery. The Mayor stated he was very sorry and would look into the way the lot was dug.

 

ADJOURNMENT

 

Meeting was adjourned at 8:26pm.

 

Mayor Doug Roll                                                        City Clerk/Treasurer Glena L. Hook

February 1, 2010 | Regular Meeting

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THE 1320th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, FEBRUARY 1, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy Clerk Tanya Gehrke were also present.

Robert Mast of the Libby Amish Church offered prayer.

Mr. Orr made a motion to approve the Regular Meeting Minutes from January 19, 2010, with Mrs. Williams  corrections  of  the spelling of deter, adding Davis Surveying representing the developer, and rewording  the sentence  to say Chief Smith stated that the two new patrol cars would not increase his budget as the current payment ends July 2010 and new car payments won’t begin until January 2011.
Mr. Bischoff seconded the motion.
Motion passed

ANNOUNCEMENTS 

None.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams wants to meet with Mrs. Benson and Mrs. Lawrence  after tonights meeting to schedule a cemetery meeting.  Mr. Roll asked Mrs. Williams about the Growth Policy. Mrs. Williams stated that she needs to meet with Kristin Smith,  Lincoln County Planning about it.

Fire; Mayor Roll had the Libby Volunteer Fire Departments 2009 Annual Report which was given to Deputy Clerk Tanya Gehrke to file.

Resolutions/Ordinances; None

Personnel; None

Water/Sewer; Mrs. Benson  reported that herself, Mrs. Lawrence and Mrs. Desch  toured the Sewer Treatment Plant along with Walt McElmurry, Phil Schad, Mike Voorhies and Jason Weber on February 1, 2010.  Ryan Jones, Bill Buxton, and Diane Hanson of Morrison Maierle were also at the meeting. One concern that was addressed was the safety of the lift station located on   Montana Ave. and 1st Street. Mrs. Benson handed  out a report about their meeting. They will all be meeting again on Wednesday February 3, 2010 at 10:30   for continuation of the discussion about the PER (Preliminary Engineering Report). Mayor Roll stated that employee safety is the Cities number one priority.

Streets/Sidewalks; None

Budget/Finance; None

Police; None

Building;  Mrs. Lawrence reported that they were asked to make a recommendation to the Council regarding Plumbing and Electrical licenses.  They have spoken to the City’s Attorney who has been in touch with the State regarding licensing. The State of Montana has no code requirement to the City to enforce these licenses. The code is very clear in stating that any infringements on these licenses need to be reported to the State. Mr. Higgins said that he would be more diligent in making sure as building permits come in that the plumbers and electricians are licensed.  Mrs. Lawrence stated that the City won’t be involved in policing these licenses.

ADMINISTRATION AND FINANCE REPORT 

City Administrator Jim Hammons gave a brief overview of the Thomas Street project.  He has been in contact with Apec Engineering out of Kalispell regarding bid packets. Bids will go to the newspapers next week.  In regards to the incident that happened at the cemetery concerning the lowering device and uneven ground during the burial of Tyler Challinor Jim has written a letter of apology to Tyler’s mother Shanda Jennings.  He has also met with Duane Tholen, City employee and Schnackenberg Funeral Home to discuss what the City’s responsibilities are out at the Cemetery. He is continuing to check in to the City’s responsibilities.

There will be no Finance Report since City Treasurer Glena Hook is home with Strep Throat.

UNFINISHED BUSINESS 

DNRC-Right of way Flower Creek Watershed Project –Jim Hammons stated that it is up to the City to present a proposed amount to the DNRC for the right of way purchase which is .77 acre.  He has been in touch with Jeremy Rank regarding the right of way issue and after checking in to similar right of way sales he has came up with a $4,000.00  figure.  If this is too high the City can negotiate a charge. If the City were to have an appraisal done it would deter from any profit the City would make.  Mrs.  Williams asked if the right of way would be turned over to the Forest Service and Jim Hammons said that it would and that the road would be gated.  Mr. Orr asked why it would revert back to the Forest Service and Jim Hammons said that at that time the State would not want any more to do with it.

Mr. Bischoff made a motion to proceed with the $4,000.00 charge.
Mrs. Lawrence questioned why the right of way wouldn’t revert back to the City.
Jim Hammons replied that the City would still own the property but not the right of way.
Mrs. Benson seconded the motion.
All approved.

Bentgrass Subdivision- Kristin Smith, Planning Director for Lincoln County spoke about the Bentgrass Subdivision.  It is a 3 lot subdivision up on Cabinet Heights. Planning has recommended 9 conditions of approval with an amendment being made to one of them. The problem that is being dealt with is the slope of the property.  Ken Davis of Davis Surveying  addressed the Council and asked at what stage does the Engineering Report need to be completed? Should it be completed now at the preliminary plat stage or during the Building Permit process? Mr. Davis also had submitted 3 copies of letters from Davis Surveying to the Council regarding the Bentgrass Subdivision.  He explained that a statement would be placed on the face of the plat that would state that a geotechnical report needs to be done prior to the issuing of building permits. Mr. Bischoff asked if you don’t have an Engineering Report prior to the filing of the subdivision how do you know that the property is safe to build on? Mr. Paul Bunn 360 Meadow Lake Drive Columbia Falls, owner of the property spoke and felt that it would be a waste of money to have the do the Engineering Report before the preliminary plat. Mr. Orr questioned if Parcel A might be unbuildable?  He had an experience in 1996 dealing with the hillside and it was very unstable. He expressed concerns if the City doesn’t require a Geo Technical report done before approval.  Mrs. Benson stated that if all of the criteria for approval as far as Kristen Smith, Planning Director, is concerned have been met to approve it with the amended condition #8, as long as a Geo Technical report is done prior to plat approval.
Mayor Roll entertained a motion.
Mrs. Lawrence so moved it.
Mr. Orr seconded the motion.
All were in favor.

1st reading of Ordinance  #1751, Bicycle Traffic Safety – The first reading was done by Mayor Roll.  It needs to be posted and there needs to be a public hearing. Mr. Bischoff questioned the misdemeanor charge for violation of it. It can be amended at the second reading.

NEW BUSINESS 

5 Year Capital Improvements Plan for City of Libby-Jim Hammons reported that he has been working with Ryan Jones with Morrison Maierle as far as costs to put a plan together for the City of Libby. The plan may need to be extended to 10 years because some of the grant funding cycles only run every 2 years. The fee for a 5 year plan  could be $2,500.00 with the cost for a 10 year plan  going up to $5,000.00. The figures are lower because Jim has provided a lot of the information to Morrison Maierle.

COUNCIL ACTION/DISCUSSION

Council Approval to pay Payroll & Claims.
Mr. Bischoff made a motion to approve Payroll Claims.
Mrs. Williams seconded the motion.
Mr. Orr had a question on Alan Paynes claim. Alan had previously stated that he was volunteering his time and efforts to the City of Libby. Mr. Orr noticed a check issued to Alan Payne that was  pretty generic on the explanation. The check was issued under the law firm name of Doney, Crowley, Bloomquist, Payne , UDA.  The attachment on the claim said photocopies and Asbestos Contamination. Mayor Roll asked if we could have the conditional payment and request what this claim is for.
All voted in favor.

HEAR THE PUBLIC 

Ryan Jones with Morrison Maierle wanted to clarify the cost for the Capital Improvement Plan. Ryan will be placed on the next meeting agenda.

Deborah Sprankel with Beartooth Mechanical 317 California Ave. Libby wanted to thank the individuals at City Hall for answering her questions on Business Licenses. Also thanks to Vicky Lawrence for including her in the Business License process and to Jim Hammons for his help in doing follow up work with the licenses. Following discussion on Plumbing and Electrical licenses it was stated that the City will not check to see if individuals are in violation of State licensing issues.  The State inspector will have to be called and deal with the issues as far as State license requirements.

ADJOURNMENT

Meeting was adjourned at 7:55 pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        Deputy City Clerk Tanya R. Gehrke



THE 1321th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, FEBRUARY 16, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.

Robert Mast of the Libby Amish Church offered prayer.

Mr. Orr made a motion to approve the Regular Meeting Minutes from February 1, 2010
Mrs. Lawrence seconded the motion.
Motion passed

The Mayor asked to hear the public on issues on the agenda.  Deborah Sprankel/Beartooth Mechanical of 317 California Avenue announced she had met with the building committee and believes they are going to make some recommendations for the Business License Ordinance.  Mrs. Sprankel stated that Jim Hammons, City Administrator had made a statement that the new applications for Business Licenses could be brought before the council and the applicant asked to come before the council before the application is approved.  Mrs. Sprankel is hoping that the committee will agree with Mr. Hammons suggestion and make it a part of the Business License procedure.  Mrs. Sprankel also stated that there was one Business License application that she hoped the council would ask the applicant to come before the council and be asked questions before approving the license and the applicants name is Larry Hanson.

ANNOUNCEMENTS

Mayor Roll read a thank you letter from Montana Athletic Club for renewing their lease for two more years.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated the cemetery/parks committee did have a meeting.  Most of it was discussion and compiling a list for weed spraying, skateboard park, unsafe equipment at Firemen’s Park, the possibility of the new garden club helping with the eagle triangle and discussion of updating the agreement for use of the Fred Brown Pavilion.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; Mrs. Lawrence announced that the committee met with the City Attorney and discussed some issues.  Mrs. Lawrence stated that in going back to the previous meeting the city should not be involved in the regulation of the State electrical and plumbing licenses.  It was also recommended that the city would not pull a city business license for non compliance on the state level.  Mayor Roll asked if there was any reason why.  Mr. Orr stated that this was a state issue and in the economy we have “none of us is going to do that to our neighbors.”  Mr. Orr stated it was a state enforcement issue.  Mrs. Lawrence stated that perhaps they could clarify some issues in the City Business License Ordinance and the Ordinance Committee is going to look into it.  Mrs. Williams stated that she had spoke to Barb and Bill about getting together and having a committee meeting to discuss some leftovers in regards to the business license ordinance.  Mrs. Lawrence stated they are going to develop a policy in regards to steps to be taken concerning business licensing.  The Mayor asked Mrs. Lawrence if she could have that put together by the next meeting and bring the recommendations to the council.

Water/Sewer; Mrs. Benson stated that on February 3rd herself, Mrs. Lawrence, Mayor Roll and City Administrator Mr. Hammons toured the waste water facility and discussed the PER and how it will prioritize the problems we need to address throughout the entire system.  Mrs.  Benson also stated that they will be a Public Hearing on March 3rd at 7:00pm regarding the ongoing waste water PER report.

Lights/Streets/Sidewalks; None

Budget/Finance; None

Police; None

UNFINISHED BUSINESS

Montana Department of Transportation council approval; Mayor Roll turned the floor over the Jim Hammons, City Administrator to explain to the council.   Jim Hammons explained to the council the Hwy 2 pavement preservation project the State is proposing.  Mayor Roll explained the form for approval is just a standard form that the state sends out and that it is not limiting the city as to type of design or giving them authorization to do this particular work.  Mr. Bischoff commented that he was a little concerned with the statement in the form that the city is required to maintain any sidewalks that they refinish or redo.  Jim Hammons, City Administrator was asked to clarify with the state and get back to the council at the next meeting.

Ordinance # 1751; The council decided to postpone the Public Hearing and final reading of Ordinance # 1751 until amendments have been made to resolution.  City Attorney, Heather McDougall will amend the resolution to define the area to be covered by Ordinance # 1751 to be read at the next meeting.

NEW BUSINESS 

Western News, Fire Suppression; Mayor Roll stated that he didn’t think this needed to go to the council for a vote.  Mr. Hammons stated that he had a letter from City Building Inspector, Ron Higgins stating that the size of the area in question for fire suppression was now just storage area and the square footage of the area is only half of what is recommended for fire suppression.  Mr. Hammons stated that Mr. Higgins said the Western News no longer needs the fire suppression per code.  Mayor Roll stated that with Fire Marshall approval the fire suppression could be disconnected if everything goes ok according to him.  Mrs. Williams stated that she appreciated them coming to the council for approval.  There was no vote but the council did not disagree.

Ryan Jones/Morrison-Maierle, of 125 School House Loop, Kalispell spoke to the council about the Capital Improvement Plan.  Mr. Jones stated that the Plan would run $5000 with City Administrator, Jim Hammons help.  Mr. Jones also spoke about the need for rehabilitation of the Montana Avenue lift station. Mr. Jones gave the council three finance options for rehabilitation of the lift station

Mr. Bischoff made a motion to approve Morrison-Maierle to go ahead with the 10 year Capital Improvement Plan for $5000.
Mrs. Lawrence seconded the motion.
Motion Passed

Dolly Purdy spoke to the council about the all 50’s class reunion on July 30-31, 2010.  She asked the council to consider a banner to welcome the 50’s class reunion.  Jim Hammons was asked to get together with Mrs. Purdy and figure out what the city might be able to do to help.  Larry Morrell spoke to the council about the all 50’s class reunion and stated he hoped the city would be supportive.  He also stated that the 50’s class wanted to have a parade etc.

Variance, Caroline Canavan, was not present.  The mayor asked Clerk Glena L. Hook to contact Caroline Canavan and ask her to be present at the next meeting.

Cabinet Heights Project Draw for Morrison-Maierle;
Mrs. Williams made a motion to approve the Cabinet Heights Project Draw for Morrison-Maierle.
Mrs. Benson seconded the motion.
Motion Passed

Approval of Business Licenses received to date;
Mrs. Lawrence made a motion to approve the Business Licenses received to date.
Mr. Bischoff seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Mr. Orr commented on his concerns that the public was now able to comment at the beginning of the meeting about what was on the agenda and that he didn’t want to see the public not be able to comment during the meeting.  Mayor Roll stated that the public would be able to comment during the meeting also.

HEAR THE PUBLIC

Alan Olsen/Antler Tree Nursery of 33692 Hwy 2 asked the council where getting cameras on Mineral Avenue stood.  Mayor Roll stated that it was being looked into as to whether the cameras would work for what they would be needed for.  Mayor Roll stated that the first set of cameras did not do well in the dark and that Police Chief Jim Smith was going to look at some others that might.  The Mayor also stated that it would be on the agenda next month and if the council wanted him to continue then he would go to the businesses and ask them if they are willing to continue with this.  Mayor Roll said at any point in time we could stop this process and that everybody is going to have a say in it.  Mayor Roll said that Police Chief Jim Smith found a $25,000 grant to help with the camera project if the choice is to continue.

Rhonda Miller of 609 Louisiana Avenue, stated she was concerned about the Bicycle Ordinance and glad to hear that the council is looking at a more restricted area because she lives on Louisiana Avenue and has young children that like to ride their bikes on the sidewalks.  She stated that the cars do not look out for even the adults riding.  She stated that the problem is that the drivers don’t understand the hand signals given by the cyclists.  She stated that there needs to be a lot more education for motorist about cyclists.  She also asked who was going to be fined for this.  Mayor Roll stated that the council was looking at changing the fines to civil instead of criminal.  Mayor Roll also stated that they were going to look into confining the Bicycle Ordinance to the Business District.  He stated that there is state law governing bicycles.  Mrs. Williams stated that she had talked to Police Chief Jim Smith about giving bicycle safety classes and he told her that they would have to get someone certified to do it before they could.

ADJOURNMENT

Meeting was adjourned at 7:48 pm.

March 1, 2010 | Regular Meeting

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THE 1322th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 1, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr,  Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.

Kevin Lindgren of the Assembly of God Church offered prayer.

Mr. Orr made a motion to approve the Regular Meeting Minutes from February 16, 2010
Mr. Bischoff seconded the motion.
With minor corrections, motion passed.

The Mayor asked to hear the public on issues on the agenda.

ANNOUNCEMENTS 

Public Hearing scheduled for Wednesday, March 3, 2010 at 7:00pm on the Waste Water Per.

Cameras on Mineral Avenue was removed from the agenda.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced that the Parks Committee were meeting the next Monday to discuss the Firemen’s Park and the playground equipment.  Mrs. Williams also added that old business not resolved yet was the upgrade of the Fred Brown Pavilion Rental Agreement.

Fire; Fire Chief Tom Wood gave a fire report and wanted to make everyone aware that the big fire at the Port Authority Property is not in the City Limits.

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson stated that the committee would probably meet after the Public Hearing.

Lights/Streets/Sidewalks; None

Budget/Finance; None

Police; Police Chief Jim Smith gave a police report.

UNFINISHED BUSINESS 

Jim Hammons reported to the council concerning the Department of Transportation’s construction agreement in reference to the maintenance of the sidewalks along Hwy. 2.  Mr. Hammons reported that the city has an ordinance that puts the maintenance of sidewalks on the adjacent property owners and stated that the reference to sidewalk maintenance in the construction agreement would not affect the city.
Mr. Orr made a motion to accept the Department of Transportation’s construction agreement.
Mrs. Benson seconded the motion.
Motion Passed

1st reading Ordinance # 1751, concerning the riding of a bicycle in the Business District of the City of Libby.
Mrs. Lawrence made a motion to accept Ordinance # 1751.
Mrs. Williams seconded the motion.
Mr. Orr wanted to let the public know that he thought the City of Libby had a bicycle ordinance before and stated “It was dropped when we cleaned up our ordinances.” Mr. Orr also stated that “There is a general perception in the community that we’re bringing this up out of thin air and I want people to know that’s not so.”  Mr. Orr stated that it seemed to him the only thing that can be changed over to a municipal infraction is something that is just a fine and asked for clarification on Municipal Infractions.
Mayor Roll stated they would look into it.
Motion Passed

Enforcement of Plumbing and Electrical Codes; Mayor Roll asked the committee for their recommendations.  Mrs. Lawrence stated the committee’s recommendations were that the city not be involved in the enforcement of penalties against people without licenses for plumbing and electrical and that it be a State responsibility.
Mr. Bischoff made a motion to accept the recommendation of the committee.
Mrs. Williams seconded the motion.
Motion Passed

NEW BUSINESS 

Caroline Canavan approached the council and asked for a variance to run a tax preparation and accounting business out of her home.
Mrs. Williams made a motion to approve the variance with the stipulation that the variance is in effect only as long as Caroline Canavan is running her business out of her home at 515 Minnesota Avenue, Libby, Mt.
Mrs. Desch seconded the motion.
Motion Passed

Kelta Latham, Direct Support Professional with Achievements, Lead Trainer of both Group Homes and Member of Safety Committee and Lynn Engram the Safety Committee Representative of the Center, came before the council with  two proposals for the council.  The first proposal was from Lynn Engram asking for a crosswalk to be put in front of the Group Home on Montana Avenue.  The second proposal was from Kelta Latham asking for sidewalks to be put around the Montana Avenue Group Home, the Senior Citizens Center.  Mayor Roll asked Ms. Latham to contact Jim Hammons, the City Administrator and work on the sidewalk issue.

Mrs. Williams made a motion to put in crosswalk on 1st  and Montana
Mr. Orr seconded the motion.
Motion Passed

Council Member Vicky Lawrence stated the recommendations on  the Business License Policy and Ordinance were not ready at this time and Mayor Roll asked Mrs. Lawrence to let him know when they were ready so we could get them on a future agenda.

Mayor Roll stated that he thought the council members had copies of the State Law concerning Municipal Infractions.  Mayor Roll asked if anyone had a problem with the penalty for breaking of some of the City Ordinances be changed to a Municipal Infraction.  Mr. Orr stated he had some concerns saying it actually reduces people’s rights to regress.  “It’s a change from a criminal matter to a civil matter,” Mr. Orr said.  Mr. Orr stated he is developing a paper concerning the matter and will get it to the council before the next meeting.  The mayor stated he would put it on the next agenda.

COUNCIL ACTION/DISCUSSION

Police Chief Jim Smith spoke to the council about the Medical Marijuana issue.  Chief Smith stated the people licensed to provide medical marijuana can have up to 6 plants per patient.  He stated that as the plants grow 1 plant would be enough to provide for one user so the providers are getting a lot of surplus.  Chief Smith stated when he gave his stat report he mentioned that he had 11 juvenile arrests and almost all of them came out of the High School and almost all of them were marijuana related.  He stated the intelligence they are getting on these arrests, are that the juveniles in this community are buying their marijuana from the medical marijuana providers.  Chief Smith stated we have two Medical Marijuana providers in the City Limits.  Police Chief Smith believes that a variance and business license is needed under city ordinance to provide medical marijuana and that it would be up to the council on whether they wanted a medical marijuana business in the city limits.  There was a lengthy discussion on the medical marijuana issue.  The mayor would like the council to decide if they want to become proactive and require a business license for providing medical marijuana.  The mayor asked the city attorney to verify whether a medical marijuana provider is exempt under state law.  It will be put on the 1st agenda in April 2010.

Kristin Smith, final plat approval for Millwork West Am. Lot 1.
Mr. Orr made a motion to approve the final plat for Millwork West lot 1.
Mr. Bischoff seconded the motion.
Motion Passed

Mrs. Williams made a motion to approve Business Licenses received to date.
Mrs. Lawrence seconded the motion.
Motion Passed

Mrs. Williams made a motion to approve the payroll and claims for February 2010.
Mr. Bischoff seconded the motion.
Motion Passed

HEAR THE PUBLIC 

Arlen Magill of 807 Wisconsin Avenue, Libby, asked the council if was still a federal offense for the possession of marijuana.  Mayor Roll answered that the President Obama has said they would not enforce the marijuana laws.

ADJOURNMENT

Meeting was adjourned at 7:52 pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



THE 1323th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 15, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:02 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr,  Mrs. Benson and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.  Council Member Barb Desch was not present.

Kevin Lindgren of the Assembly of God Church offered prayer.

Mr. Orr made a motion to approve the Regular Meeting Minutes from March 1, 2010 and Public Meeting Minutes from March 3, 2010.
Mrs. Benson seconded the motion.
With minor corrections, motion passed.

The Mayor asked to hear the public on issues on the agenda

ANNOUNCEMENTS 

Mayor Roll announced the Elected Officials Workshop in Billings, May 5, 6 & 7, 2010.

Edstrom Construction to start up work again on Cabinet Heights Project Wednesday, March 17, 2010.

Mayor would like priority list from all the council on what they think our budget priorities should be for next fiscal year.

Mayor would like to have a working committee meeting towards the end of the month about parliamentary procedure.

The Mayor also spoke about running the citizens complaints through the Police Commission using a complaint form.

There will be a Corp of Engineers meeting tomorrow morning at 6:45am at the Venture Inn.

COMMITTEE REPORTS

Cemetery/Parks; Council Member Williams announced that the committee had a meeting concerning Fireman’s Park and a desire to upgrade the playground equipment.  Council Member Benson is working on a survey questionnaire to find out what the usage is of the park.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Council Member Benson announced she was present at the Public Hearing on March 3, 2010 and the Boy Scouts had very good questions.  Mrs. Benson reported an interesting bit of information that the city has 19 miles of sewer system.  Mrs. Benson also reported that there would be another public hearing about the waste water system next month.

Lights/Streets/Sidewalks; None

Budget/Finance; None

Police; None

UNFINISHED BUSINESS

Mayor Roll spoke about the Medical Marijuana issue.  There was a lengthy discussion on the issue.  It was decided to put Medical Marijuana on the next agenda for a vote from the council.

Alan Olsen of 33692 Hwy 2, Libby spoke to the council saying he believed that the city is using the Marijuana issue as selective enforcement and stated that the city had 143 businesses on the list of businesses that have not paid for a business license yet.  Mr. Olsen felt that something should be done about Businesses on the list instead of picking out one type of business.  Mayor Roll explained to Mr. Olsen that the list is being taken care of.  Mr. Olsen also stated that he thought the city was accepting contracts from businesses that did not have business licenses.

Mrs.  Benson stated that the issue of Medical Marijuana has to do with the safety and health of our neighborhoods.

Arlin Mcgill of 807 Wisconsin, Libby spoke to the council about hearing in the news about a raid on a Medical Marijuana house and that it didn’t seem safe to have Medical Marijuana providers in a residential area.

Municipal Infractions;  City Attorney, Heather McDougall believes the type of Municipal Infractions the City of Libby is looking at are asking less of the individual being charged and reducing the amount of revenue for the City of Libby.  Mr. Orr did not agree and spoke lengthy on his views.

Phil Bigelow of 415 E 10th, Libby stated his understanding of civil law is that there is a lower burden of proof and stated that he thought it was easier for the city to win a case.  City Attorney, Heather McDougall tried to explain to Mr. Bigelow that the Municipal Infractions the City of Libby was talking about would be minor infractions that would be easily distinguished as to guilt or innocence.

There was a lengthy discussion between the Mayor, the Police Chief and Council.  The mayor stated this was just in the discussion phase.

NEW BUSINESS

Mrs. Williams explained the new Fred Brown Pavilion Rental Forms.  It will be put on the next agenda for council approval.

Ryan Jones of Morrison Maierle spoke to the council on the major issues concerning the Waste Water Plant.  Mr. Jones gave out copies of cost estimates to the council.

Phil Schad of the Waste Water Plant spoke to the council about the sludge press that is not working at this time.

COUNCIL ACTION/DISCUSSION

HEAR THE PUBLIC

Wade Block of 1134 W 2nd St. Libby asked the council when the discussion of cameras on Mineral Avenue would come up.  The mayor answered that it would be on the next agenda.

Dr. Hall of 316 Mineral Ave. spoke about his concerns with the Bicycle Ordinance and putting cameras on Mineral Ave. Dr. Hall stated that he moved to Libby to get away from intrusion.  He also spoke about the cameras being shot out eventually.

Laurie Hall of 316 Mineral Ave.  spoke about her concerns with the cameras on Mineral Ave. and felt they would be shot out and she also stated that she would rather hire a police officer to be on Mineral Avenue during a 3rd shift period than have to keep paying for cameras on Mineral Avenue.

Miss Patton on 250 Spencer Hill spoke to the council about her concerns with the bicycle ordinance.  Miss Patton does not agree with the new ordinance making riding your bicycle on the sidewalks in the business district illegal.  Larry Ackerman also agreed with Miss Patton.

Mrs. Shkursky also voiced her opinion about the proposed changes to the bicycle ordinance.

Lisa Johnson of 1134 w 2nd Street stated she was in agreement with the new bicycle ordinance.

Jeff Forester of 712 Main Ave. Libby voiced his opinion on time he believes is wasted on issues that common sense should have the answer to.

ADJOURNMENT

Meeting was adjourned at 8:42 pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



SPECIAL COUNCIL MEETING, MARCH 24, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS 

Ryan Jones of Morrison Maierle talked to the council about the Sludge Press and UV needed at the Waste Water Plant.  Mr. Jones stated that to comply with DEQ the UV would need to be in place by 2012.  Mr. Jones gave the council several scenarios to get the Sludge Press and UV in place at the Waste Water Plant.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



SPECIAL COUNCIL MEETING, MARCH 30, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS 

Allan Payne talked to the council concerning the settlement with International Paper.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



SPECIAL COUNCIL MEETING, MARCH 30, 2010 @ 7:00PM IN THE COUNCIL CHAMBERS

The Mayor, Council, State Representative, Jerry Bennett and several citizens of the public discussed the Medical Marijuana issues and problems.  The Mayor asked for written ideas on how to solve some of the problems and stated that another meeting on the subject would be held at a later date.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook

April 1, 2010 | Special Meeting

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SPECIAL COUNCIL MEETING, APRIL 1, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS

The meeting was called to order at 7:01pm by Mayor Doug Roll.  Mr. Bischoff, Mr. Orr, Mrs. Benson, Mrs. Desch, Mrs. Lawrence and Mrs. Williams were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook were also present.

Bill Buxton and Ryan Jones of Morrison-Maierle spoke to the council about some of the waste water plant needs and the costs.

Mr. Bischoff made a motion to allow Morrison and Maierle to proceed with possible grant funding for Priority 1 & 2 of the Waste Water Project with the understanding that money from the International Paper Co. settlement would be used to offset increases on the sewer rates that are needed for the project.
Mr. Orr seconded the motion.
Motion Passed.

 

The meeting was adjourned at 6:55pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



PUBLIC HEARING, WASTE WATER PLANT PROJECT, APRIL 1, 2010 @ 7:00PM IN THE COUNCIL CHAMBERS 

The meeting started at 7:06pm.

Bill Buxton and Ryan Jones of Morrison-Maierle gave their report on the Waste Water Plant Evaluation.  Bill Buxton spoke about the current deficiencies at the Waste Water Plant and what is needed to be compliant with the DEQ.  There were no public comments.

The meeting ended at 7:57pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



PUBLIC HEARING, BICYCLE ORDINANCE # 1751, APRIL 5, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS

Mayor Roll called the meeting to order at 6:30pm and led the Pledge of Allegiance.

Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator, Jim Hammons and City Clerk-Treasurer, Glena L. Hook were also present.  Mr. Orr was absent.

Dr. Greg Rice and Susie Rice of 1020 Idaho, Libby spoke to the council about the safety of riding bikes on Hwy. 2.  Dr. Rice stated that riding a bicycle on the streets in downtown Libby makes perfect sense, but that it is a little harder to ride on Hwy 2 with the traffic.  The mayor and council talked to Dr. and Mrs. Rice about an alternate route to Hwy. 2 going through Libby.  The mayor stated that he would like the help of Dr. and Mrs. Rice in finding and posting signs of an alternate bike route through Libby without using Hwy. 2.  The mayor suggested using 10th Street as part of an alternate route.

Janet Knauff of 3413 Hwy 37 No., spoke to the council and agreed with the Rices that Hwy 2 has safety issues when riding a bicycle and would like to see an alternate route with signs posted for bicycles to use.

Meeting adjourned at 6:40pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



THE 1324th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, APRIL 5, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.

Prayer was offered by Lloyd Miller of the Amish Church.

Mr. Bischoff made a motion to approve the Regular Meeting Minutes from March 15, 2010 and Special Council Meeting Minutes from April 24, 2010.
Mr. Orr seconded the motion. With minor spelling corrections
Motion passed.

ANNOUNCEMENTS

Wednesday breakfast will be moved to Henry’s starting April 14, 2010 at 7:00am.

COMMITTEE REPORTS

Cemetery/Parks; Council Member Williams announced that the new Garden Club is going to be looking into helping clean up the triangle during Brooms Day week April 16 thru April 27, 2010.  Also the City alley clean-up will be that week.  Vicky Lawrence announced that the tree planting will start next Monday.  The Splash Pad needs to be put on next agenda for council approval.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; Vicky Lawrence announced that she had put together a draft policy concerning Business Licenses and asked the ladies in the office for input.

Water/Sewer; Mrs. Benson announced that there is a piece of equipment at the water treatment plant that is not being used and could be sold.  Mrs. Benson also stated that Morrison-Maierle held a public hearing on April 1, 2010 to provide an overview to the public on the waste water plant project and that there was no public attendance.  Mrs. Benson stated the council approved Morrison-Maierle to pursue grant funding to help with the costs of replacing the sludge press and installing a UV system.

Lights/Streets/Sidewalks; Mrs. Desch reported that it had been brought to her attention that Dr. Newman would like a handicap parking spot on 6th street and she is looking into it.  Mrs. Desch also reported that Bill Dowson from St. Johns Lutheran church spoke to her about curb and gutter problems they have in front of the church.  Mrs. Desch will check into the problem at St. Johns Lutheran Church.

Budget/Finance; None

Police; Police Chief Jim Smith gave a police report for the month of March.  Chief Smith stated that there were 199 case reports, which is up about 15% from the month of February, 38 arrests, 44 citations and 88 warnings.  Chief Smith also gave a report on the cost of video equipment being discussed for Mineral Ave. which is between 60k and 65k.  Chief Smith said that still cameras with high resolution and motion detectors with timers could be purchased for around 20k.

Officer Terry Watson was called forward and congratulated for graduating from the police academy on March 25, 2010.

City Administrator went over his report on the River Water Pump, the Thomas Street Project, the Cabinets Heights Project, the New Hospital and the need for a Flower Creek Hydro feasibility study if the council wanted to move forward on the possibility of hydro electricity.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

John Klag of 274 North Colorado Avenue talked to the council about Medical Marijuana and parking for the disabled.

Allan Kahnt of 216 W 9th spoke against the city bearing the costs of cameras on Mineral Avenue and said that if the private businesses want surveillance they should purchase their own equipment.  Mr. Kahnt asked the council to end the debate.

Dan Hall of 110 E Poplar spoke to the council and wanted to express his and Gordon Sullivan’s, a business owner on Mineral Avenue, concerns about cameras on Mineral Avenue, stating that even still cameras are an invasion of privacy.

Wayne Hirst of 209 Mineral Avenue spoke against cameras being put on Mineral Avenue and agrees with Mr. Hall.  Mr. Hurst also asked the council to move ahead in a positive manner and help the City of Libby.  In closing Mr. Hurst asked the council to please don’t let big brother come to Libby.

Allen Olsen of 33692 Hwy 2 wanted to know how much the research cost for the last two and one half months on the cameras in downtown Libby.  Mr. Olsen also wanted to know about long term costs.  Mayor Doug Roll explained to the public that the only thing the city was trying to do was find a cost efficient way to help prevent vandalism downtown.  The mayor asked for a show of hands of how many people in the audience was against the cameras on Mineral Avenue.  The mayor stated that there was more than five.

Bill Silva of 10465 Hwy 37 spoke to the council about the possibility of sending reserve officers out on foot patrol by themselves.  Mr. Silva also stated that a camera can be shot out real easy by a pellet gun.  Mr. Silva feels the money spent on cameras could be better spent on the city water systems.  Mr. Silva stated Mr. Berget was trying to do one block at a time when he was in office and it started working.  Mr. Silva said putting the money to good use would make everybody happy.

UNFINISHED BUSINESS 

Cameras on Mineral Avenue;

Mr. Orr made a motion to table the cameras on Mineral Avenue indefinitely.
Mrs. Lawrence seconded the motion.
Motion Passed.

There was a five minute recess.  Mayor Roll called the meeting back to order at 8:00pm.

Fred Brown Pavilion; Mrs. Williams stated that last month she submitted to the council changes to the Fred Brown Pavilion rental agreement.  Mrs. Williams asked for an approval from the council.

Mrs. Lawrence made a motion to approve the new undated rental agreements for the Fred Brown Pavilion.
Mr. Bischoff seconded the motion.
Motion Passed.  City Attorney, Heather McDougall will make the change.

Final Reading Ordinance # 1751, Bicycles;

Mr. Bischoff made a motion to approve Ordinance # 1751 with amendment to 10.29.10 paragraph 3 to strike the words main business district and replace with Mineral Avenue.
Mrs. Williams seconded the motion.
Motion Passed.

NEW BUSINESS 

Resolution # 1753 Montanore Mine Support;

Mrs. Benson made a motion to approve Resolution # 1753 supporting the reopening of Montanore Mine.
Mrs. Lawrence seconded the motion.
Motion Passed.

Kristin Smith, Planning Director for Lincoln County talked to the council about an Interlocal Agreement and how it could help the city.  One of the things it would provide is a Growth Policy for the City of Libby.

Mrs. Williams made a motion to approve the agreement with the changes that the city would pay $2,500 for the services from the Lincoln County Planning Department yearly for as long as both parties agreed and with the addition of adding Regulatory Planning and Subdivision Review to the agreement.
Mr. Orr seconded the motion.
Motion Passed.

Ronda Swetman talked to the council about getting help with water hook-up for Russell Mack of 116 Spencer Rd.  Council Member Orr volunteered to help with a plan and find contacts to help Mr. Mack.

Resolution # 1754 & 1755 to authorize application for applying for grant funds from TSEP and Rural Development to help with the Waste Water Plant Project;

Mrs. Benson made a motion to approve Resolution 1754 & 1755.
Mrs. Williams seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

Mr. Bischoff made a motion to approve the Business Licenses received to date.
Mrs. Desch seconded the motion.
Motion Passed.

Council would like Eric Drake notified that his one year variance to run a business out of his home has expired and he needs to come before the council and request a new variance.  The City Clerk will contact him.

Mr. Bischoff made a motion to approve Payroll and Claims for March 2010.
Mrs. Lawrence seconded the motion.
Motion Passed. 

HEAR THE PUBLIC 

Richard Guinn of 223 W Oak asked the council if shooting a bow and arrow in the city limits was against any ordinance of the city.  Mr. Guinn reported that someone had shot 3 holes in his garage.

Allan Kahnt of 316 W 9th asked the council why the Interlocal Agreement had not been publicized more.

Allen Olsen of 33692 Hwy 2 asked if the council was going to rewrite the Business License Ordinance.  Mayor Roll told Mr. Olsen that the council was working on a policy for the office to follow concerning business licenses.

Victor Katellepper of the EPA spoke to the council about the clean-up work in Libby.  Mr. Katellepper stated that the design investigation has started for yard clean-up.  The council and mayor spoke to Mr. Katellepper about calling the ROD an Interim ROD.  Mr. Katellepper stated the engineering aspect does not meet with an Interim ROD and that the EPA had already done a lot of emergency clean-up.  Mayor Roll stated that he would still like to see an Interim ROD.  Mr. Katellepper stated that the finalizing of the Record of Decision may be done early next month.  Mr. Orr asked if there were any avenues for EPA to help with the Montanore Mine.  Mr. Katellepper stated that the EPA has no super fund concerns with the mine.  Mrs. Lawrence was concerned about the timing of the River Front Park clean-up.  Mr. Katellepper stated that the EPA would work with the city on the timing of the clean-up.

ADJOURNMENT 

Meeting was adjourned at 8:50 pm.

_________________________                                  __________________________________

Mayor Doug Roll                                                        City Clerk-Treasurer Glena L. Hook



JOINT PUBLIC HEARING OF THE CITY OF LIBBY AND LINCOLN COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT April 14, 2010 6:00 PM 

A Joint Public hearing was held at the request of the City of Libby and Lincoln County to receive comments from the public regarding the submission of a joint Economic Development Community Development Block Grant. 

City Council Members present were Bill Bischoff, Barb Desch and Robin Benson.  Mayor Doug Roll was also in attendance. 

Others present were Paul Rumelhart, Executive Director Kootenai River Development, Debi Davidson, Business Development Specialist Kootenai River Development, Larry Coryell, Allen Olson and Rub Kahnt. 

Paul Rumelhart made the following presentation to the meeting attendees: 

The purpose of this hearing is to inform the public about the Community Development Block Programs as administered by the Montana Department of Commerce. 

THE CDBG PROGRAM 

The Community Development Block Grant Program is a competitive program, federally funded with the purpose of assisting communities with their economic development needs. 

The State of Montana allocates approximately one third of the CDBG allocation of $6,861,827 for economic development activities.  This year the amount is $2,185,324.  The remaining two thirds ($4,370,648) are dedicated to housing and public facilities.  The funds are usually received in April from the US Department of Housing and Urban Development. 

Local entities of government are eligible to apply to the MDOC for grants for economic development, the intent of which is to provide loans to for profit businesses for job creation and/or retention.  Economic development grants may also be made to local government agencies for infrastructure improvements that directly benefit for profit businesses. 

Each department of local government may apply up to $400,000.  Joint applications may be made between two elements of local government, such as the City of Libby and Lincoln County.  In the case of joint applications, the total amount may be up to $800,000.  Additionally, each dollar of grant funds must be matched by new money on a 1:1 basis.  Federal funds could be used as a match for this program. 

The amount of CDBG-ED funds available for a particular for profit business is determined by the number of jobs created or retained.  Twenty-five thousand ($25,000) in grant funds may be requested for each full time job created or retained. 

The focus of the grant funds is on the low to moderate income residents of the community.  At lease 51% of the new jobs created or jobs retained must benefit the low to moderate income segment of the local area. 

Mayor Doug Roll asked if the element of local government could apply for a CDBG-ED grant and a CDBG public facilities grant during the same year.  Mr. Rumelhart stated that they are two separate programs and that a unit of local government could apply for an economic development grant and a community development grant during the same year.  Also, an element of local government can submit applications for more that one economic development grant so long as the $400,000 threshold I not reached. 

Mr. Rumelhart asked the attendees to think about projects that meet the criteria of job creation or retention benefiting the low to moderate income segment of the local community.  The attendees were advised that the next public hearing would be held on May 12, 2010 at the Lincoln County Board of Commissioners meeting at the Lincoln County Courthouse at which time proposed projects for funding will be presented. 

The public hearing closed at 7:15p.m.

City of Libby

ATTEST:                                                                     Approved

 

_______________________                                      ____________________________

Tanya Gehrke,                                                               Doug Roll

Deputy Clerk, City of Libby                                        Mayor, City of Libby



THE 1325th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, APRIL 19, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present. Mrs. Lawrence was absent.

Prayer was offered by Lloyd Miller of the Amish Church.

Mrs. Williams made a motion to approve the Regular Meeting Minutes from April 5, Public Hearing from April 5, Special Council Meeting from April 1, and both Special Council Meetings from March 30,2010.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced the Logger Runners would be hosting a 5k and 10k run during Logger Days if anyone was interested.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams handed out copies of questionnaires about the usage and equipment at Fireman’s Park.  Mrs. Williams wanted to know if the questionnaires needed to be voted on. It was decided that the parks committee could go ahead with their survey about Fireman’s Park without approval from the council.  Mrs. Williams also reported that the Garden Club worked on the triangle and it looked a lot better even though there are a few things that still need to be done.  Mrs. Williams told the council that the American Legion Ball group would like help in the amount of $1000 to finish the dugouts at the American Legion Ball Field.  The dugout donation will go on the next agenda.  Mrs. Williams also reported that Mrs. Lawrence  was worried about vandalism of the new trees planted at the cemetery and wondered if the cemetery could be closed at night to protect the trees.  Mrs. Williams also stated that the school is done with the tennis courts for the season and wanted to know if the city wanted to continue paying for the outhouse at the tennis courts through the summer.  The mayor stated that it should be put on the next agenda.  Mrs. Williams also announced a Planning Board Meeting for next Monday at 6:30pm here at the Council Chambers.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson announced that Mr. Hammons is working on selling the piece of equipment that is not in use at the Water Plant by putting it on the Rural Water web site.

Lights/Streets/Sidewalks; Mrs. Desch stated she had talked to Susie Rice about the alternate bike path through Libby on Hwy 2 and reported that they were not going to work on it until after STOKER is done which will be around the first part of May.

Budget/Finance; Mr. Bischoff reported that the Auditors are here this week.

Police; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

UNFINISHED BUSINESS 

Medical Marijuana, Council Position letter;  After a lengthy discussion where a motion was made and withdrawn the council decided they would like to go back to the drawing board on the Medical Marijuana letter.

NEW BUSINESS

Tony Rebo representing St. John Lutheran Hospital spoke to the council requesting the abandonment of Dakota Avenue from 3rd Street north to 2nd Street and for the abandonment of 2nd Street from the end of the cul-de-sac at Community Health Center to the Storm (tailing) Pond.  Mr. Rebo also asked the city for help in the relocation of some sewer lines.  Mr. Rebo stated bids will go out June 1st, 2010 and St. Johns Hospital will let the City know when bids are in for the relocation of the sewer lines.

Sandy Doubek of the Pastime Bar asked for a street closure for street dances on June 25th and 26th, July 30th and 31st and August 20th and 21st, 2010.  Mineral Avenue would be closed from 6:00pm to 2:00am except for the night of the burn out (August 20, 2010) which the street would not be closed until after the burn out is over at 10:00pm.

Mr. Bischoff made a motion to approve the street closure.
Mrs. Desch seconded the motion.
Motion Passed

Libby Commissioner, Tony Berget talked to the council about the Splash Pad at Fireman’s Park.  Mr. Berget stated that all the materials are in, the Rotary Club will pay for the concrete and Chuck Riley will do the concrete work.  The City will hook up to the sewer.

River Pump Water Fees;  Jim Hammons asked the council to add a $2.00 charge per One Thousand Gallons of water pumped from the River Pump.

Mr. Orr made a motion to approve addition of the $2.00 fee per thousand gallons of water.
Mrs. Williams seconded the motion.
Motion Passed.

Resolution # 1741, Regh Annexation;

Mr. Bischoff made a motion to approve Resolution #1741 changes.
Mrs. Williams seconded the motion.
Motion Passed.

Personnel Committee recommendation, City Clerk’s Attorney fees;  Mr. Bischoff spoke for the Personnel Committee stating the committee met with City Clerk Glena Hook on March 11, 210 at 12:00pm to hear a grievance on her attorney fees.  Mr. Bischoff also stated that Council Member Orr was invited to attend that meeting.  The meeting was closed to the public due to the personnel issues.  Mr. Bischoff stated the committee recommends that the city pay for City Clerk-Treasurer’s Attorney Fees if denied by the city’s insurance.  Libby Commissioner Tony Berget stated that Mr. Orr should remove himself from his council seat during this discussion.  Mr. Bischoff stated he would leave it up to Mr. Orr.  Mr. Orr stated he did not have a conflict of interest in this case and would not remove recuse himself.  Mr. Orr stated that he did not know why the city would accept the claim and that he had written a letter that he would like everyone to read before a final decision is made. The City Clerk took copies and passed them out to all the council members.   Mr. Berget stated that once again Mr. Orr is showing his bias and should removed himself and wanted the public record to show this.  Allen Olsen of 33692 Hwy 2, said that he did not feel the city should pay the claim.  Mr. Olsen stated that if you pay her bill that protects the City people but what about the business owners when they are personally attacked.  Mayor Roll commented that City Attorney Heather McDougall had just read the statute in the MCA 2-9-305 that stated any noncriminal action brought against any employee of the city while working in the course and scope of the employee’s office or employment shall be defended by the city.

Mr. Bischoff made a motion to pay attorney fees that have been turned over to the council and pay them in full after review of the total bill.
Mrs. Desch seconded the motion.
Motion Passed 4 to 1 with Mr. Orr voting against the motion.

COUNCIL ACTION/DISCUSSION 

Mr. Bischoff made a motion to approve the Edstrom and Morrison-Maierle draw for the Cabinet Heights Project.
Mr. Orr seconded the motion.
Motion Passed.

HEAR THE PUBLIC 

Sabastian Sanders a 2nd grader from Asawood School spoke to the council about the possibility of the city donating a tree to plant for Arbor Day at Asawood School.  Allen Olsen of Antler Tree Nursery stated that he would donate a tree for the cause.  The mayor stated that the City of Libby would also donate a tree.

Libby Commissioner, Tony Berget stated that in his short tenure of working with City Clerk-Treasurer Glena Hook he has found her to be very reputable and doing a very good job and  as an individual who’s character has been attacked by Mr. Orr  feels that it is unfortunate and wrong of Mr. Orr.

Allen Olsen spoke to the council about being hard assed from city employees.  He also said the city has so much money that they can pay for employees to follow us around until we are ticketed on a volunteer job.  Mr. Olsen stated that the City Clerk had apologized and he accepted it but it cost him a lot of money and he was on probation for 6 months.  He also wanted to know how much work was done in the past 8 months to the Ordinance on City Business Licenses?  The Mayor stated that quite a lot of work had been done.  City Clerk Glena Hook stated that she had apologized to Mr. Olsen and that she would no longer be stopping or calling anyone to give them a heads up on the business license ordinance and the mayor had instructed her to advise any caller reporting that someone was working in the city limits without a Business License to call the Sheriff dispatch and have them send out a police officer to check it out.  Mrs. Hook also stated that she had prepared a memo for the front office stating the mayor’s instructions.  Mr. Olsen stated that no citations have been given in 8 months for anyone working without a business license in the city limits.  Mayor Roll explained that he had instructed Mrs. Hook to advise anyone calling with a complaint about breaking any city ordinance to be referred to the Sheriff Dispatch.  Mr. Olsen stated that he felt it was selective enforcement. Mayor Roll stated that it was not selective enforcement and that if Mr. Olsen had a complaint about anybody doing business in the city limits without a business license he should call dispatch.  Mr. Olsen stated that they would not do anything but instruct him to call the mayor.  Mayor Roll stated no that the Sheriff Dispatch is where the complaints should go.  The mayor stated that he would not argue the subject anymore.

Council Member Robin Benson stated that she thought that Glena Hook’s professional integrity as the Financial Officer has been publicly diminished so she decided to call Excommissioner Rita Windom and Commissioner John Konzen.  She asked both commissioners questions relating to Glena Hooks job at the County.  Both commissioners answered that there were no problems with Glena Hooks work at the County.

There was more conversation between the council and Mr. Olsen.  Mr. Orr stated that the charges against Mrs.  Hook from Mr. Olsen was filed with the police chief for prosecution.  Mayor Roll stated that the complaint from Mr. Olsen was forwarded to City Attorney (at the time) Chuck Evans and Mr. Evans found there was insufficient evidence to prove Mrs. Hook had committed any of the offenses and that City Attorney Chuck Evans did not choose to file a criminal complaint against Mrs. Hook.

Mr. Charles Hook of 420 W Balsam spoke to the council about Mr. Orr publicly condemning his wife, City Clerk Glena Hook of embezzlement.  Mr. Orr denied making the accusations.  Council Member Robin Benson asked Mr. Hook if he was talking about the criminal accounting errors quote that was in the Missoulian.    Mr. Hook answered yes he was.  Mrs. Benson went on to state that in the December 16, 2009 issue of the Missoulian  there was a statement toward the end of the story which reads, “ At the same time, though, he leveled new accusations against Hook, condemning her for “criminal accounting errors” that he said are being covered up by the city’s mayor.  At some point, he said, he could take civil action against Hook and others.”  Mrs. Benson said that she realized that Mr. Orr is now saying that this is a misquote by Mr. Jamison and asked Mr. Orr if that was correct.  Mr. Orr answered absolutely.  Mrs. Benson went on to say that on January 4, 2010 she received an email from Mr. Orr stating that “Mr. Jamison is confused and did a poor job of reporting, who are you going to believe an activist reporter or the person actually speaking?”  Mrs. Benson stated, therefore due to the severity of the alleged miss quote and the fact that it was made public, I felt Mr. Jamison should recant or correct his statement publicly.  She went on to say on April 9, 2010 she personally emailed Mr. Jamison and asked if he would call her to discuss this issue, some of the facts on Mr. Jamison is, he received his Masters Degree in journalism in 1994, has been employed with the Missoulian since 1996, he writes approximately 400 stories a year since employment.  Mr. Jamison said he stands by the story as written with no doubt in his mind.  Mrs. Benson stated she also contacted a couple of people in the Flathead Valley to gain insight from people who actually lived and work in the Flathead Valley.  Both emails are from Flathead Valley Commissioners Joe Brenneman and Jim Dupont.  Mrs. Benson stated Jim Dupont says, I have dealt with Michael Jamison for over 15 years and have never had an issue with his reporting.  There were times he had a different opinion but he always quoted me correctly and never attempted to create a vision that he wanted.  He only reported the truth as told and was very professional in the way he did it.  Joe Brenneman stated to Mrs. Benson, that he has known Michael Jamison for 6 years and that Mr. Jamison is intelligent, perceptive and accurate.  He stated that Mr. Jamison does his research diligently, is a person of high integrity and that he has never been misquoted by Michael Jamison.  Mrs. Benson stated that she wanted to be clear that when she contacted the commissioners about Glena she had no idea what they would say.  Also she stated when she talked to the other commissioners in the Flathead Valley pertaining to Mr. Jamison she had no idea what they were going to say.  Because of this meeting Mrs. Benson stated she did prep work hoping to gain some insight for the people and council.

ADJOURNMENT 

Meeting was adjourned at 8:10 pm.

_________________________

Mayor Doug Roll

Attest;     

_____________________________

City Clerk-Treasurer Glena L. Hook

May 3, 2010 | Special Meeting

Read full text

SPECIAL COUNCIL MEETING May 3, 2010 @ 6:00 PM, IN THE COUNCIL CHAMBERS

Mayor Roll, Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch, Mr. Bischoff and City Administrator Jim Hammons met with several individuals regarding medical marijuana issues and problems.  Spokesperson Rick Evans announced that there are 8 providers who will go in to a Co-op located near Woodstock Gifts at 1608 Minnesota Avenue which is out of the City limits. There are currently 6 providers growing medical marijuana in the City limits who have signed up for the co-op. He also stated that no one under the age of 21 years of age will be allowed to purchase medical marijuana even if they have a card. Montana Statutes say that there is a one ounce per day per customer limit. Rick Evans handed out a copy of the Caregiver Services Code. Renee Rucker expressed concerns that no one under the age of 21 can purchase drug paraphernalia. Mayor Roll asked the medical marijuana individuals to continue their research and stated that there would be another meeting scheduled as needed.

___________________________
Mayor Doug Roll

Attest:
______________________________
Deputy City Clerk Tanya R. Gehrke



THE 1326th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 3, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy Clerk Tanya Gehrke were also present. City Clerk/Treasurer Glena L. Hook was absent .

Prayer was offered by Roy Yoder of the Amish Church.

Mayor Roll asked for the Approval of the Council Minutes from the Joint Public Hearing April 14, 2010 and the Regular Meeting April 19, 2010. Mrs. Williams wanted it noted under Committee Reports that she had stated that the High School would be done using the tennis courts the end  of May instead of the end of the season.  Mrs. Lawrence wanted it noted that she was not at the CDBG meeting which had already been addressed by an e-mail from Paul Rumelhart to City Administrator Jim Hammons.

Mr. Orr made a motion to approve the minutes.
Mr. Bischoff seconded the motion.
Mayor Roll asked if there was any further discussion and Mr. Orr wanted to know who had taken the minutes and wanted it noted that under Personnel Committee recommendations that he did not recuse himself from that portion of the meeting. He felt it wasn’t clearly stated in the minutes and also that he had written a letter that he wanted included with the packets. Mayor Roll stated that he would see to it that the letter was copied and given to each Council member.
Motion passed.

ANNOUNCEMENTS

None.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; Tom Wood reported that there were 2 fire calls in the City limits, 5 County calls and 2 out of district calls for a total of 9 calls for April 2010.  He also mentioned that the new Fire Codes need to be adopted by the City as they change every 3 or 4 years. The new codes will be the 2009 Fire Codes. Tom gave the new Fire Code information to City Administrator Jim Hammons.  He mentioned that the Libby Volunteer Fire Department had received their check from the Mill fire.

Resolutions/Ordinances; None

Personnel; Mayor Roll mentioned that the second  Seasonal Employee had been hired and that interviews for the Full-time Employee will start May 4, 2010.

Building; Mrs. Lawrence announced that there would be a meeting regarding Business Licenses at 7:30 am May 5, 2010 in the Council chambers.

Water/Sewer; Mrs. Benson handed out a report that included information from the April 22, 2010 meeting regarding the Cabinet Heights project and concerns and frustrations of the residents  who are impacted by the construction work. Discussion followed about the contract and what steps the City can take to address these problems.  On April 23, 2010 there was a follow up meeting where the Mayor addressed the complaints and concerns of the residents with Brian Edstrom of Edstrom Construction.

Mrs. Benson reported that she had gotten a call from Phil Schad, City Wastewater employee, and the Libby Wastewater Treatment Plant has been selected as the recipient of the Montana Water Environment Associations Small Systems Award for 2010. Phil will be representing the City of Libby at a luncheon in Kalispell on Wed. May 5, 2010 to accept the award. Congratulations!

Lights/Streets/Sidewalks; None.

Budget/Finance; There is a letter, reconciliation and budget report from City Clerk/Treasurer Glena L. Hook in the Council packets this month.

Police: Chief Jim Smith gave his report and stated that there were 104 cases reported, 45 traffic citations and 34 arrests in April, 2010. Tyeler Smith is at the Police Academy now and Nathan Kimbro will go in September 2010.

City Administrator Report:: Mr.  Hammons handed out his report and asked if there were any questions. There were none.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

UNFINISHED BUSINESS

Mrs. Williams addressed the portable restrooms situation  at the tennis courts and asked if the City is going to continue to pay for them after the Libby Schools are done with the courts the end of May?

Mr. Bischoff made a motion to not pay for them.
Barb Desch seconded the motion.
Motion passed.

The American Legion Ball Field has requested a donation of $1,000.00 to help finish the dugouts.  Mayor Roll reported that he was down at the fields and they look great.

Mrs. Williams made a motion to donate $1,000.00 to the American Legion to help with the cost of the dugout roofs.
Mrs. Benson seconded the motion
Mr. Bischoff called for the question.
Motion passed.

NEW BUSINESS

Mrs. Williams reported that she had received 2 applications for Planning Board members. The 2 letters were from Alan Kahnt and Karen Repine.  Mrs. Williams suggested to accept both of them.

Mr. Bischoff made a motion to accept both Alan Kahnt and Karen Repine as members for the Planning Board.
Mrs. Desch seconded the motion.
Mr. Orr called for the question.
Motion passed.

COUNCIL ACTION/DISCUSSION

The Council reviewed Payroll and Claims for April 2010.

Mr. Bischoff made a motion to approve Payroll and Claims for April 2010.
Mrs. Williams seconded the motion.
Mrs. Benson called for the question.
All voted in favor.

Approval of Business Licenses: Mayor Roll stated that Eric Drake who has a Bow Shop at 208 W. Spruce Street has to update his Variance.

Mrs. Williams made a motion to approve the new Business License applications.
Mr. Bischoff seconded the motion.
Mr. Orr called for the question.
The new Business License applications were approved.

HEAR THE PUBLIC

Josiah Pruitt, of Libby voiced concerns regarding one of the City’s Police Officers who was kicked out of the Academy while working for Lincoln County. He stated that the Officer had a record of being dishonest and questioned how citations issued by him would hold up in court?  Mayor Roll stated that when Officer Watson was being interviewed that he had voiced concerns regarding the same situation. Since the time Officer Watson was hired he has proven himself to be very honest and recently he graduated from the Police Academy with a score of 98%. Mayor Roll stated that he would personally vouch for Officer Watson. Mr. Orr said that he was glad that the Mayor made that comment about Officer Watson.

Sabrina Graves of 67 Reese Court Sp #26 Libby stated that it is legal to hunt turkeys in the City limits with a bow. She feels that this is very dangerous.  Montana Statutes says it is only illegal to hunt deer in the City limits. Mayor Roll said that the City will look into this issue.

Mrs. Williams announced that there are 2 Planning Board meetings this month.  The dates are May 12, 2010 and May 26, 2010.  Both meeting will start at 6:00 pm and will be held at City Hall.

ADJOURNMENT

Meeting was adjourned at 7:30 pm.

___________________________
Mayor Doug Roll

Attest:
______________________________
Deputy City Clerk Tanya R. Gehrke



APPROVED SPECIAL COUNCIL MEETING May 17, 2010 @ 6:30 PM IN THE COUNCIL CHAMBERS

Called to order at 6:33pm by Mayor Roll.

Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Administrator, Jim Hammons, City Attorney, Heather McDougall, and City Clerk-Treasurer, Glena L. Hook, were also present.  Mrs. Williams was absent.
Mayor Roll asked the Council to approve a general park plan for the River Front Park.  Mr. Orr asked if there was hope that the EPA would help with the new access.  Mayor Roll stated that Noble Excavation and the EPA had both shown interested in helping with the access.  Mrs. Lawrence asked if changes could be made after approving the Park Plan.  Kristin Smith, County Planner stated that this was a conceptual plan and would be refined.  Mayor Roll stated that changes could still be made after approval.

Mrs. Benson made a motion to accept the plan as a general plan with the provision that it could be changed later.
Mr. Orr seconded the motion.
Motion Passed.
The meeting was adjourned by Mayor Roll at 6:42pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



THE 1327th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 17, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.  Mrs. Williams was absent.

Prayer was offered by Tony Shaw of the Baptist Church.

Mayor Roll asked for the Approval of the Council Minutes from the Special and Regular Meeting on May 3, 2010.

Mr. Orr made a motion to approve the minutes.
Mr. Bischoff seconded the motion.
Motion passed.

ANNOUNCEMENTS

The Medical Marijuana Co-op is now open for business outside the City Limits.

There will be a Special Meeting Tuesday, May 18, 2010.  The first meeting starting at 6:30pm will be with Attorney Allan Payne and be closed to the public. The second meeting starting at 7:00pm is open to the public.  This meeting is concerning the International Paper Settlement.

Mayor Roll announced that the STOKR people had some trouble at Fireman’s Park with some folks having too much fun in the camping area.  Mayor Roll said he had the City Attorney looking into an Ordinance on Park Rules.

The Mayor received a letter from the Governor stating he was working on getting the Montanore Mine open.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Lawrence wanted the council to know that the tree planting was finished.  Mrs. Lawrence is working on a clean-up day for the Cemetery.  Mrs. Williams, Mr. Hammons and Mrs. Lawrence are looking into a grant to finance a seasonal person to water and take care of the Cemetery.  Mr. Bischoff mentioned a senior program that may be used for a seasonal person to work at the cemetery.  Mayor Roll talked about closing the Cemetery at 10:00pm and opening it again in the morning and he will check with the appropriate people.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building;  Mrs. Lawrence talked to a lawyer from Bozeman while she was in Billings and the lawyer told her that they do not have the wording about Federal Law in their Business License Ordinance and Mrs. Lawrence requested that the City Attorney do some investigation into the possibility of changing the City Ordinance.  Mayor Roll asked the City Attorney to check with Helena as they have the Federal Law part in their Ordinance.

Water/Sewer; Mrs. Benson recapped that Walt McElmurry is researching some of the costs on the bags of charcoal and the price on the carbon feeding that is at the Water Plant not being used and as soon as they can come up with some pricing hopefully the City can get it on the market on the Rural website.  Mayor Roll stated that as soon as Hamilton has their press up and running that Phil Schad will be taking a trip to see how it works.

Lights/Streets/Sidewalks; None.

Budget/Finance; Mayor Roll announced that Budget time is coming up and he would like to prioritize sidewalks.

Police: None

City Administrator Report: Mr.  Hammons gave a report on Thomas Street Project and stated the 50’s Class Reunion is asking for a $1000 donation.  It will be put on the next agenda.  Mr. Hammons announced the City hired a new seasonal employee, Mitch Mickelson.  Mr. Hammons said Ryan Jones and Purnal Whitehead are here from Morrison and Maierle to answer any questions about the Cabinet Heights Project.

Purnal Whitehead of Morrison Maierle talked about the Cabinet Heights Project letting the council know, that the project was behind schedule and that the chip seal has been moved to the week of the 4th of July.  Purnal also informed the council about the dust problem caused because the water truck broke down.  Mayor Roll wanted it on the record that if a break down happens again to contact City Administrator Jim Hammons and the City will get their water truck up there.   Ryan Jones of Morrison Maierle informed the council that a revised schedule will be delivered door to door to inform people of a change in the schedule.  Mrs. Lawrence wanted to make sure that all problems concerning people’s property in the Cabinet Heights Project will be taken care of before the end of the project.  Ryan Jones answered that there will be a walk through towards the end of the project so any concerns can be brought up at that time.  Mayor Roll thanked Morrison Maierle for taking care of the complaints.

Ryan Jones also spoke about the Waste Water Project and how they are moving forward on the equipment selection because of the 4 to 6 month delivery time.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA UNFINISHED BUSINESS

NEW BUSINESS

Kathy Stern of the Libby Logger Committee, asked the council to approve a street closure on Saturday June 26, 2010 from 8:00am to 12:00noon on Mineral Avenue from US Hwy down to 2nd Street, both sides of Lincoln Blvd. from Idaho to Wisconsin and the block of 6th Street from the Fire Hall to Louisiana for the Logger Day Parade.

Mr. Bischoff made a motion to approve the street closure.
Mrs. Benson seconded the motion.
Motion Passed.

Bruce Moog of 1014 Utah, Libby came before the council to ask for a variance to build a fence on a portion of the City Right of Way.  The Mayor asked Jim Hammons if there was an issue with this request.  Jim Hammons asked about the location of the sidewalk and if there was a green belt between the sidewalk and street.  Mr. Moog said yes there was.  Mr. Moog wants to put his fence on the inside of the sidewalk close to his property with the side walk and green belt between the fence and street.

Mr. Orr made a motion to approve the variance.
Mrs. Lawrence seconded the motion.
Motion Passed.

COUNCIL ACTION/DISCUSSION

The council decided to refinance the house on 520 Utah at this time.

HEAR THE PUBLIC

There was no input from the public.

ADJOURNMENT

Meeting was adjourned at 7:48 pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING May 18, 2010 @ 6:30 PM IN THE COUNCIL CHAMBERS

The Mayor, Council, City Administrator and Attorney Allan Payne discussed the International Paper Settlement.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING May 18, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

The meeting was called to order at 7:05pm by Mayor Roll.

Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch, Mrs. Williams and Mr. Bischoff were present.  City Administrator, Jim Hammons, and City Clerk-Treasurer, Glena L. Hook, were also present.

The Council, Mayor and City Administrator spoke to Attorney, Allan Payne about the International Paper Settlement.  Mr. Payne stated that 1.15 Million dollars would be paid to the City of Libby for the previous 10 yrs by International Paper on July 1, 2010.  Mr. Payne also stated that 250K would be paid to the City by International Paper for the next 10 years with a yearly inflation increase that will be provided by Attorney Allan Payne to International Paper.  After the end of the ten years there would be the option of renegotiating.  Mr. Payne recommended the council accept the agreement with International Paper.

Mrs. Williams made a motion to accept the International Paper Agreement.
Mr. Bischoff seconded the motion.
Motion Passed.

The meeting was adjourned by Mayor Roll at 7:15pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING May 25, 2010 @ 5:30 PM IN THE COUNCIL CHAMBERS

Meeting called to order at 5:30pm by Mayor Roll.  Council Members, Peggy Williams, Vicky Lawrence, Robin Benson, DC Orr, Barb Desch and Bill Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.

Mayor Roll announced the meeting was for everyone to voice their opinions and ideas about the River Front Park Plan and that no decisions would be made but Search and Rescue has to go back where it was.

Council Member Peggy Williams stated she was one of the people who walked the area over and over last year to look at possible diverse uses of the park.  She stated they ended up with a lot of compromises. They deliberately did not address playground activities at least for the first phase because they did not want to draw unaccompanied kids from over the railroad tracks.   Mrs. Williams was concerned about only one restroom being at the park and that the parking lot seemed massive.  It was mentioned that the parking lot holds 100 cars.  Mrs. Williams commented on several things she liked about the River Front Park Plan.

Mayor Roll introduced Bruce Lutz to the council.  Bruce drew the first plan for the River Front Park and was at the meeting to hear ideas and concerns and possibly make changes to the initial plan.

Council Member Robin Benson was concerned about where the playground equipment will be placed and she wanted to make sure there was enough parking for the handicapped and Senior Citizens.

Council Member Vicky Lawrence expressed her concerns with the placement of the parking lot and felt moving the parking lot further away from the river would leave the river frontage area to be better utilized.  Mrs. Lawrence would also like to see shade trees around the parking lot areas and would like to make the area around the smaller pavilion into a zen garden area (more of a peaceful area).  Mrs. Lawrence also expressed the need for parking in the small pavilion area.  Mrs. Lawrence also had concerns about the burms and wanted to know if the slope would be too steep to mow easily and also felt that people should be able to drive up to the Fred Brown Pavilion and load and unload equipment, chairs, tables, etc.  Mrs. Lawrence also felt there was safety issues with the boat ramps and wanted to extend rip-rap out into the river above the boat ramp to produce an eddy that would make it easier for boats to access the ramp.

Terry Noble of Noble Excavation spoke to the council stating most equipment, tables and chairs come on a cart that could be rolled into the pavilion to unload.  Terry was also concerned with the boat ramp and stated the rip-rap should not extend to far into the river.

Council Member Orr stated his concerns were the same as what had already been spoken.  Mr. Orr agreed that there were safety concerns with the boat ramp and that we did not want people driving all the way up to the pavilion but should be able to get close.  Mr. Orr mentioned that the Middle School has slopes and they mow it all.  Mr. Orr said that when the Search and Rescue Building gets put back where it goes that there will be complaints about the blind corner.  Mr. Orr stated that the Search and Rescue Building is problematic and there is quite a bit of truck traffic down there.

Council Member Barb Desch stated she liked the parking where it is and you needed to be able to park close when loading and unloading boats.  Mrs. Desch would also like to know where the playground equipment will be located.

Council Member Bill Bischoff stated he liked all the ideas but still was not sure about the parking and would like to explore it further.

Mayor Roll brought up the river pump and stated they would like to move the access to the water over by the commercial area.  Mayor Roll feels the boat parking needs to be close to the boat ramps.  Mayor Roll had some ideas about moving some of the parking and spoke about the Search and Rescue needs.

Bruce Lutz spoke to the council about their ideas and concerns.  Mr. Lutz took notes and is going to have a new park plan ready by the end of next week.

Mayor Roll stated that when the new plan is approved they will take it to the EPA and have the EPA put in writing what they will provide in their cleanup plan.

The meeting was adjourned at 6:30pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook

June 2, 2010 | Special Meeting

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SPECIAL COUNCIL MEETING JUNE 2, 2010 @ 5:00PM IN THE COUNCIL CHAMBERS

 The meeting was called to order at 5:00pm by Mayor Roll who led the Pledge of Allegiance.

Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch, Mrs. Williams and Mr. Bischoff were present.  City Administrator, Jim Hammons, and City Clerk-Treasurer, Glena L. Hook, were also present.

The Mayor announced that the meeting was to discuss issues that had been brought up on the planting of trees for the Urban Forestry DNRC Grant Project.

Mark Lennon who is overseeing the Agreement from DNRC reported to the council how the agreement works and the three things he found deficient being; lack of soil and mulch around some of the trees, roots showing on some of the trees on the Blvd. and trees being under watered during planting.

There was discussion between Mr. Lennon, the Council and Mayor on the issues.

Alan Olsen, of Antler Tree Nursery who got the bid to plant the trees stated that he was given conflicting directions about how to plant the trees and that he planted the trees per DNRC specifications.

Joe Johnson of Bonners Ferry Idaho who has 26 years experience in the nursery business went through the process of digging, handling and planting trees.  Mr. Johnson stated that the handling of the trees from digging to planting was very important.

 It was brought up that the trees purchased from the feed store were the ones that were dying.  It was also mentioned that most of the trees were going to live and the trees from the feed store were purchased from nurseries that were reputable.

Several other questions and answers were discussed.  Information was handed out to the council.  There was no council decision made.

The meeting was adjourned by Mayor Roll at 7:17pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



WORKING COMMITTEE MEETING WEDNESDAY, JUNE 7, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS

Teri Kelly with the Libby Archery Club brought forth a proposal to the Council concerning the Ordinance on archery in the City Limits.  The Mayor and Council brought up some complaints and questions about arrows being shot unsafely in the City Limits.  Peggy Williams stated that the Committee would like input from the Archery Club.  Bill Bischoff wanted input before recommendations were made to the Council.  Terry Kelly stated that if the Council was to pass an Ordinance that stated no projectiles in the City Limits it would basically shut them down.  Many ideas were exchanged about how to keep archery safe in the City Limits.  The Committee will investigate further into the issue before making a recommendation to the Council.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



APPROVED PUBLIC HEARING WEDNESDAY, JUNE 7, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS

Street Abandonment, Libby Christian School, Resolution 1752;  Bonnie Larson of 110 E. Oak St., Libby stated she would like the street abandonment for the Christian School tabled until the property lines could be looked into further.  Mayor Roll stated the hearing would be postponed until the property lines could be figured out and a corrected Resolution written.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



THE 1328th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 7, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.  Mrs. Lawrence was not present.

Laure Stuck of the Faith Bible Church was not present to offer prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Special Meeting May 17, two Special Meetings May 18, Regular Meeting May 17, Special Meeting May 25 and Special Meeting June 2, 2010.

Mr. Orr made a motion to accept the minutes.
Mr. Bischoff seconded the motion.
Motion passed.

ANNOUNCEMENTS

 Mayor Roll announced that the approval of Resolution 1752 is being tabled for now and that all interested parties that came to the meeting to discuss it were now excused.

Mayor Roll announced that Reverend Alspaw is working on a Community Church Project and will put on the next Council agenda.

There will be a Planning Board Meeting Thursday June, 10, 2010 at 6:00pm.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams asked if the dog disposal unit had been put up.  It was answered that yes they had been put up.  Mrs. Williams also stated that signs that dog must be on a leash need to be put of at the River Front Park.

Fire; Tom Wood gave a Fire report stating they had 2 false alarms in the City during the last month.  Mr. Wood also stated that the Fire Department had received a check made payable to the City for the time spent on the mill fire.  The amount is $1980.00 and Mr. Wood would like the City to donate the check to go toward the celebration of the 100th anniversary of the Fire Department.

Resolutions/Ordinances; Met with Archery Club before Council Meeting.

Personnel; None

Building; None

Water/Sewer; Mrs. Benson reported, Thursday at 10:00am at the Waste Water Plant there will be a design review for Phase I of the Waste Water Plant Project.

Lights/Streets/Sidewalks; Mrs. Desch announced that the Committee met with St. Johns Lutheran Church concerning gutters and curbs.  The church decided not to do anything about the gutters and curbs at this time.

Budget/Finance; Mr. Bischoff announced that he would try to set up a Budget meeting next week.

Police: Chief Smith reported 217 Service Calls, 13 Arrests and 43 Citations for the month May 2010.

City Administrator Report: Mr.  Hammons put a report in with the agenda items for the council and mayor.  He also added to the report the Dam issues with the Sturgeon flow and water flow at the Libby Dam.  The other Dam issue is on the Flower Creek Dam.  Mr. Hammons met with representatives from DNRC and Morrison-Maierle.  DNRC gave Mr. Hammons a list of about 6 different issues with the Flower Creek Dam.  Mr. Hammons spoke with Chief and two gates at the Cemetery will be blocked off and one gate will be closed at night and reopened in the mornings.

Finance Report; City Clerk Treasurer, Glena Hook gave a finance report to the council stating that the City was reconciled through April 2010, budget resolutions would be done before books were closed for the year, the bank had approved a 5yr. extension on the 520 Utah house and the draft audit should be ready by next week with the audit exit meeting sometime after she returns from vacation on the 25th of June.  Mrs.  Hook also stated that the Mt. Float Co. loan was maturing and that Keith Kinden of Mt. Float Co. would be able to pay a little more toward his payments to the city.  The new schedule was given to the City Attorney to write an agreement.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

UNFINISHED BUSINESS

NEW BUSINESS

Resolution # 1752 will be rescheduled.

Igniters Car Club, street closure; Dennis Souther spoke for the car club and asked the council to approve a street closure on Mineral Avenue between US Hwy 2 and 2nd Street for August 20th and 21st, 2010.

Mr. Bischoff made a motion to allow the street closure for the Igniters Car Club on August 20th and 21st, 2010.
Mrs. Desch seconded the motion.
Motion Passed

Eric Drake variance;

Mr. Bischoff made a motion to continue to allow Eric Drake to run his business out of his home on Spruce St. with the stipulation that if the property was sold the variance could not be transferred.
Mrs. Benson seconded the motion.
Motion Passed

All 50’s Class Reunion;  Dolly Purdy of 763 ACM Rd South, Libby spoke for the All 50’s Class Reunion and asked the council for a $1000 donation to be used for the reunion.  There was no motion to approve the donation.

Splash Pad at Fireman’s Park;  Kathy Hooper, Lincoln County Sanitarian and Eric came forward to talk to the council about the Splash Pad at Fireman’s Park.  Mayor Roll announced that it had been brought to our attention that we have a few regulations to follow.  Kathy Hooper stated that the rules concerning pools, splash pads and all water features had been completely reworked in January.  Mrs. Hooper said their main concern is that the rules require a plan review to be sent to the State and that the splash pad will need some kind of fencing around it.   Mayor Roll stated that the splash pad would probably not be finished this year because of the State’s rules.  Mrs. Williams asked if Eric could get them the information on where to send comments about the new rules to.  It was also mentioned that an engineer would be needed to sign off on the plan.  Mayor Roll commented that if the City has to have an engineered plan the Splash Pad may not be able to be built.

COUNCIL ACTION/DISCUSSION

Robert Jenson, trouble with rabbits; It was stated that rabbits have become a problem all over town.  Kathy Hooper stated that Animal Control would be willing to try and trap the rabbits again.  It was brought up that the attempt to trap rabbits last year for Mr. Jenson had failed.  The Mayor turned it over to the Parks Committee.

Business License Approval;

Mr. Bischoff made a motion to approve the Business Licenses received to date.
Mrs. Desch seconded the motion.
Motion Passed

Review Payroll and Claims for May 2010; Mr. Orr stated he did not see anything in the claims for Antler Tree Nursery and asked if a decision had not been made.  Mayor Roll stated that because of the amount of the information a decision had not been made.  A meeting was set for Thursday at 5:30pm to make a decision on the amount to pay Antler Tree Nursery.

Mr. Bischoff made a motion to approved payroll and claims for May 2010.
Mrs. Benson seconded the motion.
Motion Passed

Cabinet Heights Project draw approval;     Ryan Jones and Purnel Whitehead of Morrison-Maierle gave an update on the Cabinet Heights Project.

Mr. Bischoff made a motion to approve the Cabinet Heights Draw.
Mrs. Williams seconded the motion.
Motion Passed

HEAR THE PUBLIC

Alan Olsen of Antler Tree Nursery spoke to the council about the trees in Troy and asked the council to keep in mind when they go look at the trees in Troy that Jamie and Mark Lennon commented on how great they looked.  Mr. Olsen also asked the council to stop and look at the trees in Fireman’s Park to see that the tops of the trees are dead.

Alan Kahnt of 216 W. 9th St, Libby asked the council about the status of the budget.  Mr. Kahnt also wanted to know about the City’s Capital Improvement Plan.  The Mayor stated that Morrison-Maierle was working on a Capital Improvement Plan for the city but nothing has been planned for the new budget at this time.  Mr. Kahnt suggested that maybe the money from the mill fire should be used for the budget.

ADJOURNMENT

Meeting was adjourned at 7:58 pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING JUNE 9, 2010 @ 5:30PM IN THE COUNCIL CHAMBERS

The meeting started at 5:37pm.  Mayor Roll and Council Members Peggy Williams, Vicky Lawrence, DC Orr, Robin Benson, Barb Desch and Bill Bischoff were present.  City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.  Representatives from DEQ, EPA and the Corp were also present.

A copy of the OU1 Park Plan was provided for the group.  The EPA expressed the need for feedback from the City concerning the River Front Park Plan on what might work and might not work.  Mayor Roll stated it may take some time to go through.  Mayor Roll stated the City wanted to get the OU1 Park Plan to the EPA and see what the EPA could help the City with.  Mike Cirian from EPA commented that they would need to know where to put things back after the clean-up.  EPA said they would remove the old road if contaminated and they would need to start taking samples in the ramp to see if contaminated.  EPA said they would hydro-seed and would work with the City on the final grading plan.  The EPA said they would dig trenches for the sewer lines.  The Mayor stated that the City would like something in writing as to what the EPA was willing to do.  Mr. Orr brought up IC’s and stated he would like to avoid them.  EPA said they could dig a corridor for tree planting, but stated if the tree roots grow beyond the corridor and had to be removed or fell over there could be a contamination problem.  Mayor Roll stated that he would like Bruce Lutz to be involved with the grades when started.  John from the Corp stated they needed an excavation plan and would accommodate for the slop of the parking lots.  Mayor roll asked for the excavation costs and stated the need to discuss options that EPA can & can not do.  The City gave one of the park plans to the EPA and will wait for EPA to let the City know what can be done.  Jim Hammons, City Administrator was made the point of contact for the City of Libby.  Vicky Lawrence asked what the EPA envisioned getting done this year.  EPA said they thought they could get to the final grade and maybe get the trenches for the utilities in this year.

Mr. Orr brought up the City Pit and wanted to know the status of the report on the testing.  EPA said they got the report and would review and send to the City.

Mayor Roll stated the City would wait to hear from EPA.

The Meeting was adjourned at 6:35pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING JUNE 10, 2010 @ 5:30PM IN THE COUNCIL CHAMBERS

The Meeting was called to order at 5:31pm by Mayor Roll who led the Pledge.

Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Administrator Jim Hammons and City Clerk-Treasurer were also present.

Mr. Bischoff stated that he did not believe the City should withhold money from Alan Olsen that is not contested.  Mr. Bischoff stated that after review of the DNRC report they recommended that the City withhold $2500.  Mr. Bischoff went on to say that the Antler Tree Nursery bill was $8755 and felt that the City should withhold $2500 until the matter could be looked into further.

Mr. Orr stated as a contractor he disagrees and believes that Alan Olsen should be paid because he has a contract.

After a discussion between the council and Mr. Alan Olsen,

Bill Bischoff made a motion to pay Alan Olsen for his final bill minus $1000.  $500 dollars would then be paid to Mr. Olsen after punch list items are finished and another $500 to be paid to Mr. Olsen after 7 trees are replanted in the fall.
Mrs. Desch seconded the motion.
Motion Passed

Meeting adjourned at 6:00pm

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING JUNE 21, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS

The meeting was called to order at 6:00 pm by Mayor Roll.  Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Administrator Jim Hammons was also present.

Ryan Jones with Morrison Maierle was present to give a report on the Flower Creek Dam.  Prior to that discussion it was decided that there will be a meeting on Thursday July 1st at 10:30 am at the Waste Water Treatment Plant.

Ryan stated that there needs to be an assessment done on the structural integrity of the Flower Creek Dam by taking core samples. Once that assessment is done those results need to be submitted to DNRC by Sept. 30, 2010. City Administrator Jim Hammons will meet with NTL, a Geotechnical firm on Tuesday June 22, 2010 to get an estimated cost for core sampling up at the Flower Creek Dam.  Ryan said that a base figure for City budgeting purposes would be $60,000.00 to $75,000.00. Costs could be more or less depending on what is found in the core sampling. Once the assessment is complete there will be either minor or major improvements that will need to be done. Minor repairs would be patching the face surface of the dam and major repairs would be replacing the entire face of the dam.  The City of Libby needs to proceed with advertising for an engineer and then with having a Preliminary Engineering Report done.  The cost of having a PER is about $50,000.00 and for a Hydro power Feasibility Study it is about $25,000.00. If these reports are used to procure grant money they are worth the cost of having them done.   The early warning system at the dam is not operational at this time. Jim Hammons, City Administrator has spoken to Vic White with Emergency Management regarding this issue and Vic is looking into it at this time.  Mrs. Williams asked if there are any other alternative sources for energy grants.Hydropower isn’t considered a “green” source of energy at this time. Mayor Roll stated that Flathead Electric has expressed interest to assist with funding. Ryan mentioned that the raw water transmission line from the source ,which is the Flower Creek Dam, to the Water Treatment plant may cost up to $1,000,000.00 based on figures from a 2002 CIP report from TD & H. At this time the lines, which are 20 inch transite lines are operational.

Meeting adjourned at 6:37 pm

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook

 



THE 1329th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 21, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke, were also present.

 

David Ginther of the Assembly of God Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Public Hearing June 7, 2010, Working Committee Meeting June 7, 2010, Regular Meeting June 7, 2010, Special Meeting June 9, 2010 and Special Meeting June 10, 2010.

Mr. Orr made a motion to accept the minutes.
Mrs. Benson seconded the motion.
Motion passed.

ANNOUNCEMENTS

Mayor Roll announced that there will be a Planning Board Open House on Tuesday June 29, 2010 from 6:00 p.m. to 7:30 p.m. at City Hall. Mayor Roll reported that the Council just had a meeting with Ryan Jones of Morrison Maierle concerning the Flower Creek Dam. There will be core samples done and also an Engineering report to see how much repairs may cost. Mayor Roll also announced that there was a meeting held last week with the Union and everyone should have a copy of the tentative agreement and a copy has been forwarded to Dan Johns the City’s Labor Attorney.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams reported on the rabbit issue. Animal Control has unsuccessfully tried to trap them and they have ordered new traps and hope that the new ones without any other animal scents on them will work better. Mrs. Williams had spoken to Commissioner Berget about the Splash Pad at Firemens Park. A local Engineer has volunteered to do a Engineering report. Mrs. Williams feels that the Park Committee needs to get together and write a comment letter to the Dept. of Health and Human Services concerning issues with current regulations.

 

Fire; None

Resolutions/Ordinances; Mrs. Williams announced that they had met with the Archery Club but because of their intense interest she would not like to make any recommendation until the issue is placed on the agenda again and the Archery Club can be present at the meeting. Some issues that need to be discussed are safety regulations and liability issues. It is now legal to hunt, with the exception of deer, in the City limits with a bow. City Attorney Heather McDougall will look into the legal aspects of this issue.

Personnel; Nothing at this time. Mr. Bischoff stated that Mayor Roll had given out some information for review regarding next years budget.

Building; None

Water/Sewer; Mrs. Benson reported on the progress meeting that was held June 10, 2010 at the Sewer Treatment facility. The design plans for the UV System and the Screw Press will be submitted to the Department of Environmental Quality for review and approval. The tentative timeline is bid process in July and to possibly begin building by fall. There should be a huge reduction in odor due to not using the drying beds.

 

Lights/Streets/Sidewalks; None. Mayor Roll reported that there had been some issues on site lines for hedges and fences around town. Ordinances 12.40.060 and 17.32.030 both deal with specific details on this.

Budget/Finance; Mayor Roll said that reports so far show that expenditures are at about 70% so hopefully there will be some carryover.

Police: None

City Administrator Report: None

Finance Report; None

 

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

UNFINISHED BUSINESS

NEW BUSINESS

Tom Wood, Libby Volunteer Fire Department Chief had asked if the $1,980.00 from the Industrial Park fire could be donated back to the Fire Department as they will be celebrating their 100th anniversary next year.

Mr. Bischoff made a motion to donate the money back to the Libby Volunteer Fire Department and mentioned that they have been dedicated and very few fire departments in the State have been in existence for 100 years.
Mrs. Williams seconded the motion.
Motion passed.

Reverend Alspaw of 11545 Hwy 37 Libby spoke regarding the Community Church Project. On July 11th, 2010 their regular Church service will be cancelled and about 550 members will be out in the community doing projects that possibly there isn’t manpower or resources for. The City of Libby Cemetery was brought up as an area that could use some work. Reverend Alspaw also stated that the Church insurance would cover any members that were doing work out in the community. Any suggestions or ideas should be turned in to City Administrator Jim Hammons by the beginning of next week. Mrs. Benson wanted to say Thank you for considering helping out the City of Libby.

Lisa Oedewaldt spoke on behalf of Greg Woods, I Skate Libby Inc. and gave a brief update on the Park. They have applied and gotten their 501C. They have 8 board members and established checking and mailing. They have bids out for excavation and have 3 Engineers interested in the project. They have 228 Facebook members and all have offered to help with the Park. They have applied for grants and want to have playground equipment and benches at the Park. All plans are in the planning phase and stages and work won’t be completed until next year. Mrs. Lawrence asked if one of the State requirements is that the plans have to be inspected by a Skateboard professional? Lisa said that is still a requirement and they have 3 requests out. Mrs. Williams asked if the City Council needs to approve all plans and Lisa said “Yes, they do.”

No one was present from the Avid Gardeners. Mrs. Williams stated that they have been in contact with her and they are working on a long term plan for the area. They have been working on the area, which is the Triangle on Hwy 2 and it is starting to look good.

 

COUNCIL ACTION/DISCUSSION

None.

 

HEAR THE PUBLIC

Alan Olsen of Antler Tree Nursery, 33692 Hwy 2, stated that he had finished the punch list, again and he would like to know where it stands as far as releasing his last check. Mayor Roll asked Alan to come out to his shop in the morning and they would discuss it.

 

It was announced that the next Council meeting will be July 6, 2010 because of the 4th of July holiday.

ADJOURNMENT

Meeting was adjourned at 7:23 pm.

Mayor Doug Roll

Attest:

____________________________

Deputy City Clerk, Tanya R. Gehrke

July 6, 2010 | Regular Meeting

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THE 1330th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JULY 6, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:03 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence,  Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke, were also present.

Tony Shaw of the Baptist Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Special Meeting June 21, 2010 and Regular Meeting June 21, 2010.

Mr. Orr made a motion to approve the minutes for Special Meeting and Regular Meeting June 21, 2010.
Mr. Bischoff seconded the motion.
Motion Passed

Ryan Jones from Morrison-Maierle spoke to the council on the Cabinet Heights Project.  Ryan reported that the surfacing was completed on July 5th and that Edstrom Construction has been notified that it is not acceptable.  They will be given a opportunity to remedy the deficiencies  if it is still not acceptable payment will be withheld.  Ryan stated that there is still a lot of clean-up work that needs to be done and that Edstrom is aware of the work that still needs to be done.

ANNOUNCEMENTS

Mayor Roll announced that the Wednesday morning breakfast would be moved to the Venture Inn starting Wednesday, July 14, 2010 7:00am.  Mayor Roll also announced that St. Johns Hospital has put in a request for a CDBG Grant from the City.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced the Planning Board Open House was last week and they had good attendance and that the next meeting is July 28th 2010 at 6:00pm. Mrs. Williams also announced that the Animal Control was not having any success catching the rabbits.

Fire; None

Resolutions/Ordinances; Mrs.  Williams announced that the committee recommends banning all hunting inside the city limits unless organized by Fish, Wildlife and Parks.

Personnel;  None

Building; Mrs. Lawrence read the recommendation from the committee to the Council as follows; We recommend that we send citations to all businesses not having paid licenses as of July 6, 2010.  We further recommend that the City continue sending out first letters to all known businesses in November a second letter in February and a citation to non-complying businesses by April 1.  We further recommend that there be no exception for late payment for seasonal businesses.

Water/Sewer; Mrs. Benson reported that there was a review meeting for Phase I on July 1st and they are going to be submitting the plan to DEQ for the whole project by July 16th and DEQ has 60 days to review and approve or submit comment.  The plan is for bids to go out early or mid-September.  November 1st is the anticipated construction start-up date.

Lights/Streets/Sidewalks; None.

Budget/Finance; None

Police: None

City Administrator Report:  City Administrator, Jim Hammons gave a report to the City Council.  Mr. Hammons stated the Feeback’s were asking for a reduction in their water bill due to a break in the pipes of their rental.  This will be put on the next agenda.  Mr. Hammons also spoke to the council about the Flower Creek Dam and went through some of the needed improvements.  Mr. Hammons stated the Thomas Street Project was finished and 5% of the final payment to the contractor was being held until the Street was put back to its original state.  Council Member Lawrence asked about the comment that Mr. Hammons had made in his written report that some water customers had found a clever way  for getting non-metered water and asked if this was vandalism to city property.  Mr. Hammons answered that it was and that there is a policy that the city has in place that if someone is tampering with the water meter in order to get water without paying they could be fined.

Finance Report; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Terry Kelley of  Cabinet Heights speaking for the Archery Club said she would like to comment but wanted to know which way the Council was going to go on the Ordinance concerning Archery.  Mayor Roll stated the recommendation was to change the ordinance to no hunting with bows in the City.

UNFINISHED BUSINESS

Archery Club Ordinance;

Mrs. Benson made a motion to accept the recommendation of the Ordinance Committee prohibiting hunting with a bow in the city limits.
Mrs. Lawrence seconded the motion.
Mr. Orr commented that he thinks it is redundant and that it is already addresses in the State Law.  Mayor Roll stated that it really isn’t addressed in the State Law.  Mr. Orr did not agree and stated that you can hunt with a bow in the City per State Law.  Mr. Orr stated he wanted it on record that he feels it is redundant and that it is adequately addressed in the State Law already.  Mr. Bischoff disagreed and stated that there is not an adequate law that addresses hunting in the City Limits and that the Archers themselves agreed that bow hunting should not be legal within the City Limits.  Mr. Bischoff also stated that the Archery Club made a good point and that they had met with the Archery Club twice concerning practicing Archery in the City Limits in their back yards with targets.
Motion Passed

Finalize Union Agreement;  Mayor Roll read though the Union Agreement requests.

Mr. Orr made a motion to accept the Union Agreement as amended.
Mr. Bischoff seconded the motion.
Motion Passed.

NEW BUSINESS

COUNCIL ACTION/DISCUSSION

Cabinet Heights Project pay request;

Mr. Bischoff made a motion to approve the pay request with the stipulation that Edstrom Construction would not be paid until all lien wavers have been paid.
Mr. Orr seconded the motion.
Motion Passed

Review Payroll and Claims for June 2010;

Mrs. Williams made a motion to approve the payroll and claims for June 2010.  Mr. Bischoff seconded the motion.  Mr. Orr asked Mrs. Lawrence if the claim to be paid to her was for administering the Tree Grant.  Mrs. Lawrence answered no.

Motion Passed

Approval of Business Licenses received to date;  Mr. Bischoff made a motion to approve the Business Licenses received to date.  Mrs. Benson seconded the motion.  Motion Passed

HEAR THE PUBLIC

Shane Campbell and Bob De Borge of the Avid Gardeners talked to the Council about their plan for the Eagle triangle out on the highway.  They showed the council a copy of the plan and asked for help in transporting rock etc. to the triangle site from the Crazy Horse area.  Jim Hammons will coordinate between the city and the Avid Gardeners.

Alan Olsen of 33692 Hwy 2 asked the council if there was a claim for him in the June claims.  Mayor Roll answered no there was not.  Mr. Olsen wanted to know why.   Mayor Roll answered because there were still discussions going on and that because Mr. Olsen’s attorney had gotten involved there would be no discussion with Mr. Olsen at this time about the issue.

ADJOURNMENT

Meeting was adjourned at 7:45 pm.

_________________________

Mayor Doug Roll

Attest;

_________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING JULY 13, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS

The meeting started at 6:04pm.  Mayor Roll and Council Members Vicky Lawrence, DC Orr, Robin Benson, Barb Desch and Bill Bischoff were present.  City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook were also present.  Representatives from DEQ, EPA and the Corp were also present.

John from the Corp brought park plans to the Council.  The EPA, Corp and Council discussed the plans and what the colored areas were for.  After discussing the plans it was decided the drainage was not what the Council thought would be best for the River Front Park.  The Council discussed the drainage issue with the Corp, EPA and Noble Excavating.  The Council also discussed with the EPA the areas of vermiculite and which areas would be cleaned up first by the EPA.  The discussion also included utility, sewer and water trenches.  The EPA stated that if the City could come up with the pipe they would dig the trenches.

The EPA was asked for something in writing as to what the EPA would take responsibility for concerning replacement of anything being torn down or removed during an EPA clean-up.  The EPA did state that they were responsible to restore any area that they cleaned back to previous conditions and felt something in writing could be provided. The EPA also stated the City would be responsible for the engineering and resurfacing the roads.

Mr. Orr brought up the testing of the Search and Rescue Building and asked EPA for test results and what would be done about vermiculite being found inside the Search and Rescue Building.  The Council stated its concern about the health and safety of the Search and Rescue workers.  The EPA stated the vermiculite was being tracked in from outside.  The EPA took notes and agreed to provide information on this issue back to the Council.

John from the Corp stated he thought they could get the grading plan to the City of Libby this week.

There was further discussion about the approach to the River Front Park etc.

It was stated that no reservations should be made to rent the Fred Brown Pavilion after the Labor Day Weekend and that anyone reserving the park from the end of August through Labor Day should be warned that the EPA may be doing clean-up at that time.

The meeting ended at 6:50pm.

___________________________

Mayor Doug Roll

Attest:

____________________________

City Clerk-Treasurer, Glena L. Hook



PUBLIC HEARING MONDAY, JULY 19, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:30pm and led the pledge of allegiance.

Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena L. Hook was also present.

There was no Public comment on the Street Abandonment, Resolution # 1756.

Tony Rebo, speaking for the St. Johns Hospital Street Abandonment, Resolution # 1756 gave an update on the new hospital plans.

Meeting was adjourned at 6:37pm.

________________________________

Mayor Doug Roll

 Attest:

 _______________________________

City Clerk /Treasurer Glena L. Hook



THE 1331th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JULY 19, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke, were also present.

Roy Yoder of the Amish Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Special Meeting July 13, 2010 with changes and Regular Meeting July 6, 2010.

Mr. Williams made a motion to approve the minutes for Special Meeting and Regular Meeting July 13, 2010.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS

 Mayor Roll announced that IP is drilling wells to check to see if the plume has expanded.

City Administrator, Jim Hammons stated that there is a group that has contacted him concerning a fund raiser concert that they want to put on during the Car Show on August 20, 2010.  They also want to ask for a street closure.  Mr. Hammons stated the group and the car show people are discussing the street closure possibilities.  This is to be put on the next agenda.

There will be a concert at the American Legion Ball Field on August 6, 2010.  Since the Legion takes care of the Ball Field and has adequate Insurance the council did not feel the Legion needed their permission to have a concern on the Ball Field.

Ryan Jones of Morrison-Maierle gave a report on the Cabinet Heights Sewer Project.  Mr. Jones explained several issues that concern the complaints the City has gotten over dust etc.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced there would be meeting on Wednesday to discuss cemetery and park issues.

Fire; None

Resolutions/Ordinances; None

Personnel; Mr. Bischoff announced the personnel committee had a meeting earlier in the day and the previous week to discuss three individuals who have requested salary increases.  Mr. Bischoff stated the committee recommends an 11% increase for Judge Briggs and stated even though the two other employees asking for an increase are excellent employees that after comparing local, state and national wages for the positions the committee feels they are being paid adequately.  The final decision will be made by the council at the next meeting.

Building; None

Water/Sewer; Mrs. Benson reported that she had talked to Ryan Jones of Morrison-Maierle and the final completion date of the Cabinet Heights Project is September 3, 2010.  Mrs. Benson also stated that the City will probably not here from DEQ for at least another month concerning the Waste Water Plant Project.

Lights/Streets/Sidewalks; None.

Budget/Finance; None

Police: None

Finance Report; The City Clerk-Treasurer gave a brief report on Finance and Budgeting for FY-11 and also informed the council about the sewer hook-up fees for the Cabinet Heights Sewer Project that have not been paid to date.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

None

 NEW BUSINESS

Variance; Shannon Edwards-Myslicki, Libby Floral; The Mayor stated he would like this to go to the committee before a decision is made.  Variance went to the sidewalk committee and will be put on the next agenda.

St. Johns Hospital Street Abandonment;

Mrs. Lawrence made a motion to approve Resolution # 1756 St. Johns Hospital Street Abandonment.
Mr. Orr seconded the motion.
Motion Passed

Approval of Business License Recommendations;

Mr. Bischoff made a motion to approve the Business License Recommendations from the committee.
Mr. Orr seconded the motion.
Motion Passed

Summer Water Rate reduction;

Mr. Bischoff made a motion to approved the base water rate removed for water customers in the City Limits for the months of July, August and September which are billed August, September and October of 2010 to help with watering costs during the summer months.
Mrs. Lawrence seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

HEAR THE PUBLIC

There was no public comment.

ADJOURNMENT

Meeting was adjourned at 7:45 pm.

_________________________

Mayor Doug Roll

Attest;     

_____________________________

City Clerk-Treasurer, Glena L. Hook

August 2, 2010 | Regular Meeting

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THE 1332nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 2, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.

Roy Yoder of the Amish Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Public Hearing July 19, 2010 and Regular Meeting July 19, 2010.

Mr. Bischoff made a motion to approve the minutes for Public Hearing and Regular Meeting Minutes on July 19, 2010.
Mrs. Desch seconded the motion.
Motion Passed

ANNOUNCEMENTS

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced there were a couple of issues with the cemetery, one being the agreement that the committee would like to put into place with the funeral home concerning who’s responsibility it is to do what.  The other issue is locking and unlocking the gates at the cemetery.  Mrs. Williams talked to Corky Pape the Parks/Cemetery supervisor.  Mr. Pape mentioned putting a walk through at the gates to let people walk in but preventing driving in.  Mrs. Williams also stated there was talk of putting pads down to prevent headstones from damage by equipment used to maintain the cemetery.  Mrs. Williams said that Mr. Pape stated that only one or less headstones are damaged per year and having to put down pads before opening and closing of graves mowing/maintaining the cemetery would increase the time to mow the cemetery from 2 hours to 6 hours thus increasing expenses for manpower and also the cost of the pads.  Mrs. Williams also stated that the tables are getting moved around and stacked around at the River Front Park and it is unknown who is doing it.  Mrs. Williams stated there have been suggestions to chain the tables to the posts at the River Front Park to prevent moving them very far and if renters wanted to move them they could get a key from the city.  Mrs. Williams also spoke about dirt and how to grow grass at the cemetery and park.  Mrs. Williams said they talked about using some sludge but that brought up some questions.  Mrs. Williams stated she would like to investigate bringing some top soil down from Olney and mix it in with our soil to use for the parks and cemetery.  Mrs. Williams stated that eventually we would like to get an agreement on locking or unlocking the cemetery, the funeral home agreement and soil for the parks and cemetery.  Mayor Roll said it would be put on the next agenda.

Fire; None

Resolutions/Ordinances; Mrs. Williams stated Heather (City Attorney) had passed her some Ordinances to take to the Ordinance Committee.  The easiest one being removal of sections Q & R concerning the cemetery rates and making the rates set per Resolution.  The committee recommends going ahead and taking forward for approval.  Mrs. Williams stated the next two involved snow removal and the question about that is the ordinance is phrased as downtown streets both as impounding vehicles and not putting the snow burm back out into the street.  Mrs. Williams stated that we do impound vehicle from all city streets not just downtown streets so the recommendation is to reword the ordinance to include all city streets.  Mrs. Williams stated they could not find an ordinance concerning the snow being pushed back into the street.  Mayor Roll stated there was an ordinance under Street obstructions.   Mrs. Williams stated the last one was referencing the International Fire Code and International Energy Code and they were going to put that one back in for more information.  Mayor Roll stated it did not need to go before the committee it just needed to be rewritten properly into our ordinance.

Personnel; None

Building; None

Water/Sewer; Mrs. Benson stated because of the upcoming project at the Waste Water Plant they will be offering public tours, possibly Tuesdays and Thursdays after school starts, between the hours of 1:00pm and 4:00pm.  Possibly an evening tour also.  Once the timing has been worked out the City Administrator will be asked to write a newspaper article about the tours, times and upgrades of the Waste Water Plant.  Mrs. Benson also stated there was a construction meeting on July 21st pertaining to the Cabinet Heights Project.  Ryan Jones will talk about it later in the meeting.

Lights/Streets/Sidewalks; Mrs. Desch stated the committee met with Ron Higgins (Building Inspector) last Friday at Libby Floral on Utah and after doing some measurements the committee recommends the variance be granted with the recommendation that Libby Floral put in sidewalks that line up with the other sidewalks.

Ryan Jones of Morrison-Maierle spoke to the council about the Cabinet Heights Project and stated Edstrom is working on finishing up the hookups and finishing up work on the lift station.  Edstrom will start going door to door tomorrow to each individual homeowner with a form to fill out.  Ryan stated it was a way for them to make a punch list and make sure all the homeowners concerns were addressed.  Substantial completion is still scheduled for August 4th.  Edstrom Construction has filed for substantial completion on August 6th which will put them two days over.  The plan of completion date will still be September 3rd.  There is a pre-final walk through scheduled for this Friday at 10:00am.  The city has the right to assess liquidated damages of $500 a day for each day past the substantial completion date.  Ryan recommends the city consider waving the liquidated damage fees for two days with the right to reinstate them should the progress not be made.  Start up services will happen this week.  Mr. Orr asked about the time the council should consider waving the liquidated damages.  Ryan answered that the council has some time to think about it and the next pay application would not be for a couple of weeks.

Budget/Finance; None

Police: Police Chief Jim Smith reported this last month there were 188 service calls, which was down about 10 from the average.  Citations went up to 23.  Arrests went up to 19 and are usually around 12.  Mayor Roll wanted to congratulate the police department for doing a great job and for the timely arrests made for the two High School break ins.  Chief Smith stated that because of the complaints in the Bowen Hill/Cabinet Heights area he has stepped up patrol in the area.  Smith stated that this weekend they ran radar up there and everyone was pretty much within the 25mph speed limit.  Chief Smith stated that he had talked about having that reduced to 10 or 15mph construction zone.  The other concern the police have is concerning the cemetery and locking the gates.  Chief Smith stated that if the cemetery gate is locked the police can not give any security, because unless they can drive through it is hard to see what may be going on inside the cemetery. Police Chief Smith stated they have identified the people who stacked the picnic tables down at the River Front Park.  Smith stated it was the Class of 1990 reunion.

Finance Report; Glena Hook spoke to the council about the yearend closing and budgeting.  She will have a preliminary budget ready for the council by the August 16, 2010 meeting.

City Administrators Report;  City Administrator Jim Hammons reported to the council that at the “Big Dig” down on 6th and Main they will be putting in 355’ of 8” sewer line and have the permission from DEQ to go ahead.  Mr. Hammons said from the RFQ that went out we only got back two submittals.  Mr. Hammons would like the council to take a good look at them and go through them and he would like to have interviews with the interested parties next week.  Two gentlemen from AMTRAK came in to talk to Mayor Roll and Jim Hammons on the 17th of June to discuss the moving of the depot.  Jim Hammons stated he would like the Building Committee involved in it.  Mrs. Lawrence wanted to know how the Main and 6th Street Project would be paid for.  Mayor Roll answered that it would be split up between Streets, Water and Sewer.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

Variance, Shannon Edwards-Myslicki, Libby Floral;

Mr. Orr made a motion to approve the variance with a recommendation to put in a side walk but not required.
Mrs. Desch seconded the motion.
Motion Passed

Card Clinic-Fire Suppression; Put into water and sewer committee 

Salary increase for Briggs and clerks;

Mrs. Lawrence made a motion to accept the committee recommendation to give Briggs an 11% increase and to not give the clerks any increase.
Mr. Orr seconded the motion.
Motion Passed

Fund Raiser Concert;  Jim Hammons stated that due to lack of funding the concert was cancelled.

NEW BUSINESS

Thomas Street Project Budget overage;  Mayor Roll stated that the council approved the usage of IP money to support the Grant money for the project last fall.

Ryan Jones, Morrison-Maierle reported on the Waste Water Improvement Project.  Ryan stated the plans and specks have been submitted to DEQ and the last he heard we should be getting a response within a few weeks.  Ryan suggested the council consider borrowing money from the ED Fund until we get the grant or loan funds.

Mr. Bischoff made a motion to consider borrowing ED Funds until the Grant money comes in or run budget into the red until we get Grant reimbursement to purchase Waste Water equipment.
Mrs. Lawrence seconded the motion.
Mr. Orr opposed.
Motion Passed

Ryan Jones, Morrison-Maierle talked about the options the city has concerning the Cabinet Heights Project roads.  Mr. Jones stated there is still a lot of work to be done on the roads by Edstrom.  Mr. Jones stated that there were a lot of complaints about dust and the kind of surface and gave the council an option to put 1” of asphalt over the double shot chip seal.  The cost would be $80,000.  Ryan spoke to the council about the following proposed costs;

1.  Edstrom Construction would provide the aggregate & prep work

2.  Lincoln County would do the paving for $10,000 of gravel for the next 4 years from the city

3.  The City would pay $40,000

After a lengthy discussion a motion was made and withdrawn.  Mrs. Lawrence and Mr. Orr stated they felt pressured and were not ready to make a decision.  The subject is to be put on the next agenda to be talked about in two weeks.

Mr. Orr made a motion to support waving the liquidating damages and maintain the right to reinstate them should progress not be made adequately.
Mrs. Lawrence seconded the motion.
Motion Passed

Resolution # 1757 budget amendments for FY-10;

Mr. Bischoff made a motion to adopt  Resolution # 1757 budget amendments for FY-10.
Mrs. Lawrence seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Council review Payroll and Claims for July 2010;

Mr. Bischoff made a motion to approve payroll and claims for July 2010.
Mrs. Desch seconded the motion.
Motion Passed

Approval of Business Licenses received to date;

Mrs. Lawrence made a motion to approve Business Licenses received to date.
Mrs. Benson seconded the motion.
Motion Passed

Edstrom and Morrison-Maierle draw approval;

Mr. Orr made a motion to approve the Edstrom and Morrison-Maierle draw request with the conditions that were set previously relating to lean waviers.
Mr. Bischoff seconded the motion.
Motion Passed

HEAR THE PUBLIC 

Phillip Bigelow of 415 E. 10th Street, Libby spoke to the council about changing the noise and parking ordinance.  Mr. Bigelow passed out a petition with several signatures complaining about the noise from trucks parking along the streets in front of their houses running their refrigeration units all night.  Mr. Bigelow also passed out a petition to change the city’s parking ordinance and add a noise ordinance.  Mayor Roll put it in the ordinance committee to be looked into further.

Dick Tracey owner of the Rainbow Apts. spoke to the council about the need for a noise ordinance.

Karen Lyon resident of the Rainbow Apts. spoke to the council about the noise from the trucks running their refrigeration units all night causing her to lose sleep and causing her headaches.

Art Eaton of 803 Main, Libby made a complain to the council about the noise by Copper Creek stating that trucks park along the street and leave their vehicles running.

Mike Carter of 667 Cabinet Heights Rd. stated his complaint to the council about the roads in the Cabinet Heights Project.  Mr. Carter stated that on his road and down Vista the road is nothing but cut out sections patched together and he would like the roads put back the way they were.  Mr. Carter also complained about people speeding in the area.

Mike Klaesson of Cabinet Heights Road, Libby spoke to the council about speeding in the Cabinet Heights area and would like to see speed bumps and construction signs put up.

Allen Olsen of Antler Tree Nursery asked the council how long before the dead trees were going to be removed from Fireman’s Park and the Middle School.  Mrs. Lawrence stated that the dead trees could not be removed before the DNRC inspected them.

ADJOURNMENT

Meeting was adjourned at 8:50 pm.

_________________________

Mayor Doug Roll

Attest;     

_____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING AUGUST 9, 2020  6:00PM IN THE PONDEROSA ROOM

Mayor Roll called the Special Meeting regarding the Cabinet Heights Road Improvement Project to order at 6:00 p.m. Mayor Roll and Council Members Peggy Williams, Vicky Lawrence, DC Orr, Robin Benson, Barb Desch and Bill Bischoff were present.  City Administrator Jim Hammons and Deputy City Clerk Tanya Gehrke were also present. Mayor Roll led the Pledge of Allegiance.

Mayor Roll opened the meeting by addressing the fact that the residents of the Cabinet Heights area have had to put up with a lot over the past year. He stated that he was going to address the problems in a letter that Judy Mattot handed him before the meeting. Watering was a big issue-there was either too much or not enough water on the road.  Because there was too much water put on the road next came the problem of potholes.  Last week Jim Hammons, City Administrator, Ryan Jones with Morrison Maierle, Corky Pape, City Street Supervisor, and Mark McCully, County Road Foreman got together to make a plan to get the road to an acceptable standard.  They came up with using a 1” asphalt overlay which will be laid after the road is leveled. The County has offered to lay 1” overlay at no cost to the City. Issues have come up about the City crews doing the work. After discussing this matter with Corky Pape, Street Supervisor, it was stated that the City doesn’t have enough equipment or manpower.  Mark McCully, County Road Foreman stated it would take 7 dump trucks and 7 operators to keep up with the asphalt paving machine.  Also it needs to be taken into consideration the other projects that the City crews are working on at this time, one of which is the major dig on Main and 6th street.  Work on hauling gravel to the site needs to start soon as work will begin the week of August 23, 2010.   Mayor Roll met with George Neimi of Kootenai Paving last week.  Because Kootenai Paving is behind on their Economic Development Grant payment Mr. Neimi has offered to reduce his bill by 33% which would amount to $25,000.00 to $30,000.00.  Mr. Neimi came in last week and paid $4,800.00 for Kootenai Paving rent so at this time they are paid current.  Also the question of why the big hurry has came up. Mayor Roll stated that the residents up on the hill could tell us what the big hurry is!  Another issue is the manhole problem.  Some are too high, some are too low but most of them need to be adjusted in some way. It was stated that the $55,000.00 payment could  come from Economic Development money or International Paper money. The Council will decide where the funds will be paid out of.

Mr. Bischoff made a motion to proceed after completion of the contract responsibilities of Edstrom with a 1” overlay on the Cabinet Heights project and payable as the Mayor explained tonight.
Mrs. Desch seconded the motion.

On a personal note Mayor Roll stated that we need to do what is right for the citizens on the hill. At this time Mayor Roll asked the council if they had any questions?

Mrs. Williams: Was confused with Edstrom’s crush and how it fit in to the overall cost  or not of the project.  She also questioned how much was not done prior to the double shot chip sealing on the road which lead to problems associated with the construction of the road?

 

Mrs. Lawrence: She stated that she has been up checking out the roads and Scenery Loop seems to be much better that the other roads. It was smooth and looked solid and she wondered why it was in such good condition compared to the others which are all uneven.  Brian Edstrom explained that traffic and water both depreciate the road surface and that his subcontractor may have done a better job on Scenery Loop.  Mrs. Lawrence then asked Ryan Jones of Morrison Maierle if he agreed with Brian Edstrom’s assessment of the road and that water was the cause of the inadequate  road?  Ryan felt that water wasn’t good for the road and that it didn’t have adequate drainage during construction.

Mr.Orr: He wanted to clarify a few things. Overlay is separate from the contract and that the contractor has no obligation in the overlay and ultimately will fulfill the terms of his contract.  Also that the City has already agreed to a $100,000.00 upgrade to the road.  The road has a 6” base, filter fabric or stabilization fabric under it and chip seal over the top of it.  This road is now specified better than 95% of the County roads.  Mr. Orr questioned as to why a County road representative wasn’t present for this discussion and Mayor Roll stated that Mark McCully is on vacation and the next in line wasn’t comfortable coming to the meeting.  Mayor Roll again stated the cost of $80,000.00 was verified by the County.  Next year the road will require a wear surface and Mr. Orr was wondering if this had been discussed?  Mr. Orr asked if Mark McCully was the person that brought this original proposal to the City?   Who at the county specifically speculated the $80,000.00 cost? Ryan Jones stated that Tony Berget did.  Mr. Orr asked if there was an estimate of the cost to bring the road up to spec’s? Mr. Orr asked Mr. Neimi if a 1” overlay would correct a 2% crown?  George explained that over the course of the next 20 to 30 years he feels it will be necessary for this road to be chip sealed 2 times. It is all about the adequacy of the road surface as far as how the road holds up.  Mr. Orr questioned   who will pay for the chip sealing?  George Neimi explained that he couldn’t speak for the contractor and that this is called a change in the character of the work.  He also stated that Kootenai Paving offers savings to the County and other government agencies. Mr. Orr questioned why the City isn’t using their equipment and crews? He stated that there are trucks all over town and we could hire some local contractors to do the work.  Mayor Roll explained that this would add to the cost of the contract.  Mr. Orr then asked if the County is doing this work for free at no other cost other than the $55,000.00? Mayor Roll said that he had spoken to Mark McCully with the County and there are no additional costs-only the cost of the materials.  The City crews don’t have enough equipment or manpower and the County is willing to work with us on this project.  Mr. Orr then questioned if the County is our contractor will the road meet spec’s at 2%?  Brian Edstrom explained   that after going through the project with Mark McCully there are some transition areas that need work and that he is responsible for the 2% crown. Another question was isthe City pushing ahead before the double shot is cured? George Neimi stated the harder the base the better the overlay will be.

Mrs. Benson: We are hearing a verbal agreement between Edstrom Construction, the County, the City and Kootenai Paving. Is there going to be a formal agreement written up? She stated that construction is not her expertise but she is very happy to see the cooperation among all who are working for what is best for the people up on the hill.

Mrs. Desch: No questions.

Mr. Bischoff: He feels we need to move forward as the residents up on the hill have had enough to deal with.  He agrees with Mrs. Benson as far as the cooperation and it is saving taxpayer money.  He will later amend his motion as far as Edstrom’s costs.

Mayor Roll then opened the meeting for residents to voice their questions and concerns.

Those who voiced concerns were:

Neil Textor of 272 Cabinet View Country Club Road

Wendy Berry 150 Scenery Road

K. C. Hoyer 168 Cabinet View Country Club Road

Karee Sweedman 25 Highwood Drive

Vicky Randall 254 Cabinet View Country Club Road

Bob & Kathy Jenkins 118 Scenery Road

Tina Green 58 Highwood Drive

Kevin & Mary Miller 114 Highwood Drive

Hubert Wart 176 Highwood Drive

Terry Kelly 163 Highwood Drive

All voiced concerns and the general consensus is that they all want the road paved. Other issues that were brought up were how the  road will hold up, workers  lack of communication with residents, they were told they would have sidewalks and street lights, transition areas such as manholes and  driveways not being finished, where is the additional money from their tax increases going, and whether there are any other City roads not paved only chip sealed? It was stressed by the residents that they hope that the City and the Cabinet Heights residents are working together for what is best for them.

Non residents that voiced concerns were Dan Rohrer of 123 Swede Gulch Drive, Judy Matott 190  Parmenter Avenue and Alan Kahnt of 216 W. 9th Street.

Mayor Roll asked once again for discussion with the council.

Mrs. Williams: None.

Mrs. Lawrence:  None.

Mr. Orr: Always! Residents were promised a “pig in a poke” and he apologized and said this Council is doing everything that they can to rectify the problems.  The lesson here is to get everything in writing.  What is the source of the funds to be used for this project?   Mayor Roll stated that they could come from Economic Development funds or International Paper funds. Mr. Orr would like a Letter of Memorandum so the costs can be nailed down.  One thing that was brought up was that the City is cash strapped and the City is not cash strapped. The City may not know how much money is in those funds but the city isn’t cash strapped.   Mayor Roll stated that the City knows exactly how much money is in those funds and Mr. Orr stated that he has asked for details on budget reports and he never gets them. Mr. Orr then again stated that he would like a Letter of Memorandum from the County because they were not represented tonight and that he is ready for a vote tonight on this issue. He asked that the original motion be read back as it is now being amended.  Mr. Bischoff will have to make the amendment as he made the original motion. One final comment is that if the County is doing the work at no cost why go through the County at all, why not deal directly with Mr. Neimi of  Kootenai Paving? Why pay a middleman? Mayor Roll said we can pay Mr. Neimi directly, it is not a problem. If Mr Bischoff is amendable to amending  his motion and the City is not cash strapped as the International Paper money was about $1.3 million  Mr. Orr feels that it sort of muddies the waters with trading and he would prefer to see it clean. Mayor Roll stated that it is up to Council and if they so choose, it  will be voted on by them.

Mrs. Lawrence asked if the Council would make a decision tonight on where the money would come from if they decide to do the paving job?  Mayor Roll stated that it would be placed on Monday nights agenda but a Letter of Agreement will be done by tomorrow so each council person will be able to look at it and make sure everything on it is OK so it can be presented at Monday nights meeting.  Mayor Roll said the funds do not have to come from the County that they can be taken out of Economic Development funds, International Paper funds or the General fund. He recommends that we wait until City Clerk/Treasurer Glena Hook gets back from vacation so we can see where things stand as far as money goes at this time.  Mr. Orr stated he had no further questions.

Mrs. Benson: Was hoping to reiterate the agreement and effort between everyone and is hoping that this is just an example of many times in the future where groups can come together to fix a problem.  She thinks that this is a great thing!

Mrs. Desch:  She totally agrees with Mrs. Benson. We all should work together and we are all now a part of the City and we need to have the best possible roads for you. Mrs. Benson then stated that she thinks of City residents as County residents as well and that we do need to work together.

Mr. Bischoff stated that he will amend his motion and Mayor Roll stated that we need to make sure that it is right.  Mr. Bischoff stated hopefully to satisfy some of Councilmen Orr’s concerns so he’ll support the project so we can move forward and help these people I will amend the motion that the City pays directly to the asphalt company, Mr. Neimi, after we negotiate what he is going to take off his loan and also at the  completion of the project that our Engineer calculate the savings to the contractor and that be deducted from  his final statement and with the offset of the gravel.  Also the written proposal will be presented Monday. Mayor Roll said that Monday’s discussion will be about the financing.
Mrs. Benson Seconded the motion.
All voted in favor.

The meeting ended at 7:43pm.

___________________________

Mayor Doug Roll

Attest:

_____________________________

Deputy City Clerk, Tanya R. Gehrke



THE 1333rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 16, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:02 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.

Robert Mast of the Amish Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting August 2, 2010 and Special Meeting August 9, 2010 minutes.

Mrs. Williams made a motion to approve the minutes with changes.
Mr. Orr seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll stated that Eric from Montanore Mine gave a report on the grizzly bear study that Montanore had done and stated he was going to try and get him down to the council next month to give the council an overview.  Mayor Roll stated that their contention is that there are quite a few more grizzly bears than what we are being told.

The Mayor stated he got notice from Ryan Jones of Morrison-Maierle that DEQ had approved the City’s Waste Water Improvement Plan.

The Mayor stated that Dave Cosgriff wants to come and talk to the City Council about the IP drilling to test the water.

Mrs. Williams announced that there will be a Planning Board Meeting on August 30, 2010 at 6:00 in the Council Chambers.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced that they had talked about writing a letter to Health and Human Services over the Splash Pad.  Vicky Lawrence had put a copy in everyone’s box concerning moving forward with the Splash Pad at Fireman’s Park.  Mrs. Williams went on to say that she did not know how the process works but Vicky had written a very good letter about all the issues concerning the Splash Pad.

Fire; None

Resolutions/Ordinances; Mrs. Williams stated that the noise issue is still in committee and she had not had a chance to talk to the City Attorney yet.

Personnel; None

Building; None

Finance Report; City Clerk Glena Hook stated to the council that the budgets were further down on the agenda, but wanted to report that the final list of Businesses who have still not paid for their Business Licenses has been given to Police Chief Smith and that Chief Smith had commented that no citations could be given to Businesses outside the City Limits unless the Businesses are caught doing business inside the City Limits.  Mrs. Hook stated there were a few Businesses on the list that were outside the City Limits.  Mrs. Hook also reported that during the audit the water agreement with Cabinet View Country Club could not be located but now has been located.  Mrs. Hook also stated that she would like the committee to look into the agreement and there looks like there is some back water bills that may need to be billed.  Mayor Roll put it in the Water Committee.

Water/Sewer; Mrs. Benson reported that the committee had a meeting this morning and that they discussed the Susan Feeback request.  Mrs. Benson stated $952.28 had been previously reduced from the Feeback’s bill for broken water pipes and that currently the Feeback’s owed $2,710.70 due to broken water pipes.  Mrs. Benson reported that the committee recommends that if the owners come in and set up a payment plan with the city within 1 month, the city would waive the interest fees of $292.01 reducing the bill to $2,418.69.  If the owners do not come in within a month and set up a payment schedule then interest fees and penalties would be reinstated.

Mrs. Benson stated there was one more issue that the committee discussed pertaining to the C.A.R.D. Clinic water bill.  Mrs. Benson stated the C.A.R.D. Clinic did inherit a delinquent bill with the Magic Cleaners building.  Also there is currently a tax lien in the amount of $5,169.78.  The current city bill as of today is $1,561.80.  Mrs. Benson stated the committee recommends that if the owners come in and set up a payment schedule with the city within 1 month, the city would waive the interest fees of the current bill and the tax lien interest amount.  Interest fees for the tax lien amount are $1,159.22 and interest for the current city bill is $245.05 for a total reduction of $1,404.27.  If the owners do not come in within a month and set up a payment schedule with the city then the interest fees and penalties would be reinstated.  Mayor Roll stated he thought the C.A.R.D. Clinic may have sold the building and Mrs. Benson said she could check and see at the Clerk & Recorders Office.

Lights/Streets/Sidewalks; Mrs. Desch stated she had received a report from Greg and Susie Rice concerning the bike path.  Mrs. Desch said she hadn’t had a chance to review it or go over it. Mrs. Desch said Susie Rice had some suggestions and had talked to some of the Businesses on the way they want to reroute the bike path and as soon as she has reviewed the suggestions she will bring it to the council.

Budget/Finance; Mr. Bischoff reported that there is a Budget/Finance Committee Meeting on Monday, August 23, 2010 at 5:00pm at City Hall.

Police:  None

City Administrators Report;  The Mayor asked Jim Hammons, City Administrator how the 6th Street Project was going.  Mr. Hammons reported that it was going slow but about 1/3 of the sewer line was in and when that was finished they would start the water line.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Alan Kahnt asked the council about item number 12 on the agenda, preliminary budget approval.  Mayor Roll said that the preliminary budget would be approved by the council and it was not final.   

UNFINISHED BUSINESS

Cabinet Heights funding of asphalt; Mayor Roll announced the council had a meeting last week and decided to lay the asphalt at Cabinet Heights and stated they needed to discuss how the project would be funded.  Mrs. Williams stated that is was proposed to use IP money and asked if there was any chance of funding the asphalt out of the regular budget.  Mayor Roll answered no there is not enough money in the budget to fund the project.  Mr. Orr asked if we ever got a price per ton on the aggregate.  The Mayor answered yes and that it was coming up on the agenda under the letter of understanding.  Mrs. Lawrence asked about the original plan and had some input on how she thought the payments should be calculated.  After it was explained   it was decided that the City would only have to come up with around $15,000 cash after 1/3 taken off the total, the county would pay $40,000 and the City would pay back the County with gravel at $10,000 worth of gravel a year for 4 years with 1/3 of the total to be paid to the Niemi loan and the balance paid to Kootenai Paving (Niemi).  Mayor Roll asked where the city would like to pay the $15,000 out of.  Mrs. Lawrence stated she does not believe the money should come from the IP money and prefers using ED money.  Mr. Bischoff agrees with Mrs. Lawrence.  Mrs. Desch agrees with Mrs. Lawrence.  Mrs. Benson agrees with Mrs. Lawrence.  Mr. Orr did not agree with Mrs. Lawrence and believes it should come out of the IP money.  Mrs. Williams would prefer to use ED money instead of IP money.

Mrs. Lawrence made a motion to fund the asphalt project on the hill by allowing the County to fund $40,000 with the City reimbursing the County with $40,000 worth of gravel over four years and the City to pay the remainder of which would be $15,000 to be taken out of the Economic Development Fund after the 1/3 is taken off the total to be used to pay on the Kootenai Paving (Niemi) Loan.
Mrs. Williams seconded the motion.
Mrs. Williams asked if the $80,000 price tag was pretty firm.
Mayor Roll answered it was a projected cost.
Mrs. Williams asked if it runs over that how it would addressed.
Mayor Roll announced that they would discuss it if it happens.
Mr. Orr asked about material for material trade and if we knew what material we are using.
Mayor Roll answered that yes we do and they would get to it at the letter of understanding.
Mayor Roll stated the County has enough gravel to use for the project.
Mrs. Williams asked if they were still expecting to start next week.
Mayor Roll answered yes as far as they knew.
Mr. Orr asked what size of material they will be using.
Mr. Hammons answered ½”.
Mr. Orr asked why they couldn’t just put a cap on this.
Mr. Hammons said they could.
Mrs. Benson asked did the city pay to have gravel crushed.
Mayor Roll answered yes.
Mrs. Benson said so when we reach that point we would be returning $10,000 of crushed gravel to the County a year for four years.
The Mayor answered yes.
Mrs. Desch had no comment.
Mr. Bischoff had no comment.
Motion Passed

Cabinet Heights Project grinder pumps responsibility;  Mayor Roll stated he would like the city to be responsible for the grinder pumps at the Cabinet Heights Project.  The council input their feelings on the subject and asked some questions.  The Mayor stated he would put it on the next agenda for a vote from the council.

Cabinet Heights, Letter of Understanding;

Mr. Orr made a motion to accept the agreement for the project on the hill.
Mrs. Benson seconded the motion.
Mrs. Williams stated she got most of her questions answered by Mr. Hammons earlier.
Mr. Orr stated that he would like the total projected cost of $82,250 be capped at that amount and that the County try to predict how the project is going early in the project and if they seem to be running over target that the undisturbed areas be left out.
Mrs. Benson stated that she agreed with the cap but trusted Marc McCully, County Road Foreman’s estimate.
Mr. Bischoff was not opposed to the idea of the cap.
The amendment to the motion was to put a cap of $82,250 on the project and if it looks like it is going over that the undisturbed areas be left out.
Motion Passed

NEW BUSINESS

Locking or Unlocking the Cemetery;

Mrs. Williams made a motion to instruct the Police to not lock the cemetery.
Mrs. Desch seconded the motion.
Mrs. Williams and Mrs. Lawrence agreed to defer to Police Chief Smith’s recommendation, that the cemetery could be better patrolled if the cemetery remained unlocked
Motion Passed

Funeral Home Agreement; Mr. Orr asked if the Funeral Home was in on the agreement.  Mayor Roll answered somewhat and that it became an issue last year.  Mayor Roll felt that opening and closing should be all that the city is responsible for and the agreement was to define this and to protect the city.  Mr. Bischoff said he agreed with the agreement because it spelled out everyone’s responsibilities.

Mr. Bischoff made a motion to adopt the Funeral Home Agreement.
Mrs. Desch seconded the motion.
Mr. Hammons stated that he thought the agreement spelled out the legalities and that he did not believe it would change how things were being done, but if something does happen the agreement would state who is responsible for what.
Mrs. Williams stated that if the Funeral Home does not like the agreement that she would be willing to go back over it with them and make it agreeable.
Motion Passed

First reading of Ordinance # 1759 adopting the International Fire Codes, Building Codes and Energy Conservation Codes;

Mrs. Williams made a motion to approve the first reading of Ordinance # 1759.
Mrs. Lawrence seconded the motion.
Motion Passed

Approval of Preliminary Budget;

Mr. Bischoff made a motion to adopt the Preliminary Budget.
Mrs. Williams seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

HEAR THE PUBLIC

Alan Olsen asked if the City has a weak or a strong mayor.  Mayor Roll answered it was a combination and asked if Mr. Olsen had read the Charter.  Mr. Olsen asked for a copy of the Charter.  City Attorney Heather McDougall stated she had a copy she would get to Mr. Olsen if he would call and remind her.

Phillip Bigelow of 415 E. 10th Street, Libby asked the council what the current status of their petitions concerning excess noise in their area and handed out copies of journal entries made by one of the people that was being bothered by the excess noise.  Mayor Roll stated that the noise concerns were still in committee.

ADJOURNMENT

Meeting was adjourned at 8:50 pm.

_________________________

Mayor Doug Roll

Attest;     

_____________________________

City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING AUGUST 26, 2010 @ 5:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 5:02pm by Mayor Roll.  Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.  Mr. Orr was not present.

Mrs. Benson, Chairwoman for the Water-Sewer committee announced that the committee recommended Morrison-Maierle Engineering to be the Engineers on the Flower Creek Dam Project.

Mrs. Benson made a motion to approve Morrison-Maierle as the Engineering Firm on the Flower Creek Project.
Mrs. Lawrence seconded the motion.
Motion Passed

Meeting Adjourned at 5:05pm.

__________________________

Mayor Doug Roll

Attest;

__________________________

City Clerk-Treasurer Glena Hook

September 7, 2010 | Public Hearing

Read full text

PUBLIC HEARING TUESDAY, SEPTEMBER 7, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:00pm.

There was no Public comment on the on Ordinance # 1759, International Fire Codes, Building Codes and Energy Conservation.

The meeting was adjourned at 6:02pm.

Bill Watt, Assistant Fire Chief explained to the council that the Fire Code Ordinance had to be adopted to stay in compliance with the State Law.

________________________________

Mayor Doug Roll

Attest:

________________________________

City Clerk /Treasurer Glena L. Hook



PUBLIC HEARING TUESDAY, SEPTEMBER 7, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:30pm.

There was no Public comment on the on the Final Budget for FY-11

The meeting was adjourned at 6:31pm.

________________________________

Mayor Doug Roll

Attest:

________________________________

City Clerk /Treasurer Glena L. Hook



THE 1334TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, SEPTEMBER 7, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:03 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.

Steve Benson of the Christ Lutheran Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting August 16, 2010 and Special Meeting August 26, 2010 minutes.

Mrs. Benson made a motion to approve the minutes.
Desch seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll stated that Eric from Montanore Mine will come and talk to the council about the grizzly bear study during the Breakfast Meeting on Wednesday.

There will be a Planning Board Meeting on September 16, 2010.

City Attorney, Heather McDougall will not be renewing her contract.  She will be the City Attorney until December 2010 and then the City will need to find a new attorney.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced that she had a walk-through of the Fireman’s Park with the former campground host, Ray Ginther and handed out a list of things that need to be done at the park some of which concern safety.  She would like to look into doing some of the items on the list next spring.

Fire; Fire Chief, Tom Wood reported there were no major fires during the month of August and everything is fine at this time.

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson handed out a letter to the council stating that she would like to schedule a public tour of the waste water facility on September 23, 2010 at 2:00pm and asked for permission to run a public invitation in the Kootenai Valley Record on September 21, 2010 and the Western News on September 22, 2010 and include a recap of the project upgrades.  The newspaper articles would be written by City Administrator Jim Hammons.  Mrs. Benson also stated that the grinder pump issue was still in committee.

Lights/Streets/Sidewalks; None

Budget/Finance; Mr. Bischoff stated that the committee had a meeting with City Clerk-Treasurer Glena Hook and went over the proposed budget and also went over some basics on how the mil-levy’s are calculated. Mr. Bischoff stated the committee recommends the final budget be approved.

Police:  Chief Jim Smith gave a police report stating cases were up almost 100% for the month of August and up 71% over the last 5 yrs.  Chief Smith stated there were 397 cases, 50 citations and 34 arrests for the month of August.  Chief Smith stated the Igniter Car Show went well and the car club worked very hard.  Mayor Roll thought the Igniters Car Club should be commended for working hard to keep the car show safe.  Mr. Bischoff asked what kind of arrests, they were seeing. Chief Smith stated that a lot were alcohol related DUI’s. Mrs. Benson asked if the DUI increase was specific to an age group.  Chief Smith stated it was all age groups.  Fire Chief Tom Wood commended Chief Smith and all the police officers for the great job they are doing.  Chief Smith also wanted the council to know that he sent Officer Brandon Littrell to an active shooter school and they just had a training session at the Middle School.  Chief Smith stated he would like to invite the council to observe the next time they have a training session.

Finance Report:  City Clerk-Treasurer Glena Hook stated the city was reconciled for July 2010.  Mrs. Hook said she had the FY-11 budgets ready for final approval, but was still working on the year end closing for FY-10.  After the closing is finished Hook will send information to the state for help with the Annual Report with no cost to the city.  Mrs. Hook is working on the TSEP reports and closing the Thomas Street Project. Mrs. Hook stated that the RD reports are overdue but until she has finished the year end closing she doesn’t have all the information she needs to finish the report.  Mrs. Hook has been in contact with RD and they are aware of the situation.  Clerk Hook also reported to the council the CD and Money Market rates are still dropping and that she checks them periodically.

City Administrators Report;  City Administrator Jim Hammons spoke to the council about the 6th Street & Main Avenue dig.  He thinks within a 2 week period the dig will be close to being done.  Hammons stated the Cabinet Height Project in nearing completion and stated that Edstrom Construction still has work to do.  Mr. Hammons said that Rural Development would be here on September 15, 2010 for a final walk through.  Mr. Hammons is working on the new approach to the River Front Park.  Mr. Hammons would like to meet with the Lights/Streets/Sidewalks and the Building committees.  He is preparing color coded maps to show the condition of the sidewalks and streets to give the committees a map plan to work from in the future.  Mr. Hammons said the campground hosts, Pat & Ray Ginther had to leave early because of health problems and Henry Gagne is filling in for them for the rest of the season.  Mr. Hammons said that Mr. Gagne has been busy cleaning the bathrooms and sweeping the pine needles off the roofs.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

UNFINISHED BUSINESS

Final reading of Ordinance # 1759; adopting International Fire Codes, Building Codes and Energy Conservation Codes;

Mr. Bischoff made a motion for the final approval on Ordinance # 1759.
Mrs. Desch seconded the motion.
Motion Passed

The Grinder Pump issue is still in committee.

Decision on Feeback water bill;

Mrs. Lawrence made a motion to approve the recommendation of the water/sewer committee to waive the interest of $292.01 which would reduce the bill to $2,710.70 and give the Feeback’s 30 days  to set up a payment schedule and if they did not contact the city within the 30 days the interest fees would be reinstated.
Mrs. Williams added that if the Feeback’s set up a payment schedule but fail to make payments the interest fees would be reinstated also.
Mr. Bischoff seconded the motion.
Mr. Orr asked if the owners of the property (Feeback) were included in the discussion with the committee.
Mrs. Benson stated they did not attend.
Mr. Orr asked if the Feeback’s were aware of the committee’s recommendation.
Mrs. Benson stated no.
Mr. Orr asked if the committee was aware of any arguments the Feeback’s may have against the recommendation.
Mrs. Benson stated they had not contacted us.
Mr. Bischoff stated the Feeback’s had provided a letter to the whole council.
Mrs. Benson stated that the city was offering the Feeback’s a opportunity to set up a payment schedule that is workable to them that will make it possible to clear up this debt.
Mr. Bischoff stated that one of the things that were brought up to the committee is that this is the second time this has happened and that he had heard that they may tear down one of the houses.
Motion Passed

Decision on CARD Clinic fire suppression water bill;

Mr. Bischoff made a motion to approve the recommendation of the water/sewer committee to waive interest fees of $1,159.22 of the $5,169.78 portion of the fire suppression bill that is currently a tax lien and reducing the city bill interest fees of $245.05 of the $1,561.80 owed and give the CARD Clinic 30 days to set up a payment schedule and if they did not contact the city within the 30 days the interest fees would be reinstated also if the payment schedule was set up but payments were not made the interest fees would be reinstated.
Mrs. Williams seconded the motion.
The tax lien portion of the fire suppression bill was inherited by the CARD Clinic by the previous owner.  It was brought up by Tom Wood that the CARD Clinic may be able to file a claim against the title company for the tax lien portion because they were told by the title company that the property was free and clear.
Mr. Orr suggested that the city not reduce the tax lien portion of the fire suppression bill and let the CARD Clinic go back on the Title Company.
Mr. Bischoff amended his motion to reduce the fire suppression bill by the interest portion of $245.05 of the city bill and not the tax lien portion with all else staying the same.
Motion Passed

NEW BUSINESS     

Mr. Orr stated he had some new business and that it had to do with the Funeral Home agreement.

Mr. Orr made a motion to resend the action on the agreement and reconsider it.
Mrs. Williams seconded the motion.
Mayor Roll stated the lowering device is not city property and as long as he remembers the city has only opened and closed the grave sites but not done the lowering of the caskets.
Mrs. Williams commented that she does not have a problem with the agreement but feels the Funeral Home should have been included in the discussion.
Mayor Roll asked Steve Schnackenberg of the Funeral Home to come forward and asked Mr. Schnackenberg what he would like to change in the agreement.
Mr. Schnackenberg stated that when anyone drives through the gates of the Cemetery the city is liable for anything that happens.  Mr. Schnackenberg stated that they own the lowering device and have offered to give it to the city a number of times.
Mayor Roll answered that the city does not want the lowering device.
Mr. Schnackenberg stated the only option is that if the city insists that the Funeral Home be responsible for all of that he could remove the lowering device.  Mr. Schnackenberg stated that because the city contracts with the families to do the opening and closing and the Funeral Home contracts with the families to perform the funeral service that makes us both liable.
Mayor Roll asked if the funeral services include lowering.
Mr. Schnackenberg answered not necessarily.  Mr. Schnackenberg stated up until the employees voted in the union the city did all the lowering.  Mr. Schnackenberg stated the Union used that as a bargaining chip against the City to say that they would no longer do the lowering because they were handling a dead body.  Mr. Schnackenberg stated they were not handling a dead body because all they had to do was push a button.  Mr. Schnackenberg stated if he remove the lowering device, the caskets would have to be lowered by hand and that relieves him of all responsibility, because the family contracts with the city to do the opening and closing for the purpose of interment, if they lower it by hand and someone slips and falls in the hole who are they going to sue, it ain’t going to be me.
Mayor Roll asked for the definition of opening and closing.
Mr. Schnackenberg stated you dig the hole and you fill it in and you have to plank it all up and when you plank it all up all that liability is around the hole.  Mr. Schnackenberg stated he had talked with Peggy and some of the other board members on things we could do to reduce the city’s liability and he was interested in that, but stated he was not interested in assuming more liability from the city.  Mr. Schnackenberg stated he was not going to sign the agreement.
Mayor Roll asked who came up with the idea that the city lowers.
Mr. Schnackenberg stated when he goes to Glacier he does not touch anything and when he goes to Conrad he does not touch anything.  Mr. Schnackenberg stated they provide signs on where to go and have their own lowering devices.  Mr. Schnackenber stated the City of Thompson Falls went to court with the Funeral Director over this and lost, because whenever they go through the gate it is the city’s responsibility.
Mr. Orr asked to raise a point of order and stated that he made a motion to go back and reconsider our action and stated he wanted us to negotiate with the Funeral Home for the agreement this time around.  Mr. Orr stated to the Mayor that you are in the process of negotiating right now.
Mayor Roll answered no he was in the process of getting information.  Mayor Roll asked what the Thompson Falls issue was about.
Mr. Schnackenberg answered it was about who was responsible of taking care of the grave site.
Mayor Roll asked about the lowering portion.
Mr. Schnackenberg answered the lowering portion belonged to the city.
Mayor Roll asked if there was more to it than that.
Mr. Schnackenberg answered no that was basically it.  Mr. Schnackenberg stated a city cemetery is under different regulations than a private cemetery but still in almost all your cemeteries around the state the city takes care of from work one the opening and closing of the grave, lowering of the casket into the grave, furnishing the lowering device and everything.  Mr. Schnackenberg stated the Milnor Lake Cemetery just bought lowering equipment for the cemetery there.
Mayor Roll asked if Milnor Cemetery was a private cemetery.
Mr. Schnackenberg answered yes.
Mayor roll asked Jim Hammons what the Troy Cemetery does.
Mr. Schnackenberg stated Troy does not have anything and they still lower their caskets by hand.
Mayor Roll asked Jim Hammons if the City of Troy lowers their own.
Jim Hammons stated the City doesn’t and none of the employees do.
Mr. Schnackenberg agreed and stated they have a hard time getting Troy to mark the graves.
Mayor Roll asked then you guys do the lowering, the pallbearers.
Mr. Schnackernberg answered the pallbearer lower.
Mayor Roll stated that he thought they had looked into how the different cities did their cemetery stuff.
Mr. Schnackenberg stated that the closest reference was Glacier Memorial and Conrad Cemetery in Kalispell.
Mayor Roll asked if they were City Cemeteries.
Mr. Schnackenberg stated that Glacier Memorial was owned by the Funeral Home.
Mrs. Lawrence asked if the city is responsible for lowering does the employees have to come (before Mrs. Lawrence finished
Mr. Schnackenberg stated he would just soon not change anything.  Mr. Schnackenberg stated he knew Jim’s crew was busy and they can’t always be there after a service is over and stated he was OK with lowering the casket, picking up the greens and setting everything up just like we did before because you guys can’t be there.  He stated that is a liability for you if the grave isn’t covered.
Heather McDougall stated that if city crews weren’t lowering we may not have any insurance coverage at all.
Mr. Schnackenberg stated he and Peggy Williams had been talking about limiting the city’s liability, because there are other cemeteries that have certain sites for services and do not allow anyone out into the cemetery when there is heavy equipment out there and so that is one way the city could reduce their liability and stated he would be willing to assist the city with that as well, but he is not interested in assuming anymore responsibility.
Mr. Schnackenberg stated he was willing to work with the city to make it easier on both of us.
Mayor Roll asked if there were, anymore questions and stated we had a motion and a second.
Motion Passed

Mayor Roll announced that the city would look into it again.  Mayor Roll also stated that the issue was the lowering device and the fact that it is rickety and the city doesn’t own it.  Mr. Schnackenberg stated that his wife and himself had discussed replacing the lowering device, but stated they needed to have some different arrangements if they were going to think about furnishing something like that because it gets abused very easily the way it has been handled now and that is nothing against the guys, it is just the nature of the beast and it has to be handled by hand in order to keep it in working condition and it’s not and it’s just the way they have it setup but stated he was not opposed to furnishing things but is opposed to assuming more liability.  The Mayor stated he would like to verify on city cemeteries the city liabilities and what other cities do.  Mayor Roll asked the committee to look into it and stated that he would like something by the September 20th meeting.

Resolution # 1758, making tax levy for the year 2010;

Mrs. Williams made a motion to approve the tax levy for 2010.
Mrs. Lawrence seconded the motion.
Motion Passed

Resolution # 1760, final budget approval for FY-2011;

Mr. Bischoff made a motion to approve the final budget for FY-2011.
Mrs. Williams seconded the motion.
Motion Passed

Approval of Engineering Agreement with Morrison-Maierle on the Waste Water Plant Project;

Mrs. Benson made a motion to approve the Engineering agreement with Morrison-Maierle on the Waste Water Plant Project.
Mrs. Desch seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Approval of Business Licenses received to date;

Mr. Bischoff made a motion to approve the Business Licenses received to date.
Mrs. Williams seconded the motion.
Motion Passed

Approval of Payroll and Claims for August 2010;

Mrs. Lawrence made a motion to approve payroll and claims for August 2010.
Mr. Orr seconded the motion.
Motion Passed

Mayor Roll brought up to the council that the Nordicfest needed street closure approval for the Nordicfest parade on Saturday, September 11, 2010.

Mr. Bischoff made a motion to approve the street closure for the Nordicfest parade on Saturday, September 11, 2010.
Mrs. Lawrence seconded the motion.
Motion Passed

HEAR THE PUBLIC

There was no comment from the public.

ADJOURNMENT

Meeting was adjourned at 8:07 pm.

_____________________________

Mayor Doug Roll

Attest;

_____________________________

City Clerk-Treasurer, Glena L. Hook



THE 1335TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, SEPTEMBER 20, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.

Pastor Roy Yoder of the Amish Church offered prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting September 7, 2010 and two Public Hearings, September 7, 2010.

Mr. Orr made a motion to approve Council Minutes from Regular Meeting September 7, 2010 and the two Public Hearings on September 7, 2010.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced the Growth Policy would be brought before the council at the October 4, 2010 meeting.

Mr. Orr stated that Senators Baucus and Tester have announced an investigation that they have requested concerning OU1 and asked for it to be put on the agenda. Mayor Roll said he would put it on the agenda.

Mayor Roll announced that the city is helping the county haul some gravel up Big Creek Baldy for the snow cat club to build a new warming hut up there.  Also the city assisted the county on the Granite Creek Road hauling some dirt.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced that they had a Cemetery and Parks Committee Meeting on the 14th of September.  The discussion centered around the Cemetery Irrigation System, Cemetery Agreement, improvements in Fireman’s Park and getting some glacier gold from Olney.  No decision was made on the cemetery agreement and Jim Hammons is setting up a meeting with MMIA for September 30, 2010 in the afternoon.  Vicky Lawrence was going to talk to some cemeteries and/or Funeral Homes and will give a report on her findings.   Vicky Lawrence stated she contacted several Funeral Directors and there was a unanimous statement from all of those in the larger communities…..Vicky stated she called Polson, Hamilton and Stevensville…. and the directors of the latter two talked about some of the smaller cemeteries like Corvalis but stated in the larger Incorporated Communities the City does everything, they open and close, they own their own lowering device and do the lowering.  In the smaller communities where they can’t afford the lowering device the Funeral Home is responsible to provide those services.  Mrs. Williams stated the other items we talked about, improvements in Fireman’s Park as recommended by the past camp ground host and they talked with Corky about trimming some scrubs, replacing some rotten picnic tables, cleaning up the fire rings and the trees which Vicky says that some foresters from the tree board are going to look at and also the letter that the council had in their packet from the Mt. Dept. of Health and Human Services over the Splash Pad item they would like to set-up another meeting next week separate from the one on the 30th.

Fire; None

Resolutions/Ordinances; Mrs. Williams stated the ordinance committee has talked about a couple of things that have disappeared and was wondering about them.  One was the bow hunting ordinance, getting that in place.  Attorney McDougall stated just writing it? Mrs. Williams stated that is what she thought.  Attorney McDougall stated she could do it.  Mrs. Williams stated the other ones Attorney McDougall did write and they agreed with the recommendations on the cemetery rates be set by resolution instead on ordinance but they have kind of disappeared after they recommended passing them and was wondering how to get those back.  Mayor Roll stated they just needed copies and would put them on the next agenda.

Personnel;  Mayor Roll announced that Carly has given her two week notice and personnel would probably want to talk with Glena.

Building; Mrs. Lawrence stated the Building Committee met Wednesday with Jim and three members of the Libby Main Street concerning the possible acquisition by the city of the Amtrak Station and the moving of the structure to the West and to the South to align with the turn around on Mineral Avenue.  This possibility was first presented to the city council by an earlier Libby Revitalization Plan for Mineral Avenue.  The committee wants to get more information before making a recommendation.

Water/Sewer; Mrs. Benson wanted to remind everyone that the Waste Water facility public tour is this Thursday the 23rd at 2:00pm.  The KVR & Western News will be running a story in the Tuesday and Wednesday papers and she personally called the Senior Citizen Center and a couple of the High School teachers to engage our seniors, both young and older.  Mrs. Benson stated the grinder pump issue is still in committee.  The water/sewer committee will meet at the end of this week to discuss the final recommendation.  Mrs. Benson would like to begin researching the feasibility of sludge treatment at the wastewater facility; the costs to the city, if there is a market, and if we could find an interested buyer.  Could this be a possible source of revenue to the city?  Mayor Roll suggested Mrs. Benson check with Phil at the Waster Water Plant and stated he thought they may have looked into it before.

Lights/Streets/Sidewalks; None

Budget/Finance; None

Police:  None

Finance Report:  Clerk Treasurer Glena Hook reported that she is still working on the year end closing and it is coming along but is not quite finished.

City Administrators Report;  City Administrator Jim Hammons reported that the project down on 6th and Main, has been hampered by the weather pertaining to filling this week and they hope it will dry out  and within a week have the sub-grade all filled in so the city can start driving over it.  Mr. Hammons stated he hoped to be paving within the next two weeks.  Also Flower Creek Dam the Engineering Firm have contracts and will be mobilizing Wednesday or Thursday and coming in to take the core samples and Flathead Electric has stated their interest in coming over and looking into the feasibility of a hydro plant.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

UNFINISHED BUSINESS

The Grinder Pump issue is still in committee.

NEW BUSINESS     

Kandis Peterson of 192 Post St. talked to the council about Paint It Blue.  Kandis stated that Paint It Blue is about getting out Prostrate Cancer awareness and asked council, mayor and citizens to meet at 10:00am on the 24th of September at the end of Mineral Ave. dressed in Blue to support Prostrate Cancer awearness and asked the mayor to attend dressed in a Paint It Blue t-shirt and give a proclamation.  Kandis also stated she needed police help with the traffic at the end of Mineral and they will be hanging a banner stating Libby Montana goes Blue. Kandis will be doing some face painting and stated she would like to paint the mayors face.

COUNCIL ACTION/DISCUSSION

Ryan Jones of Morrison-Maierle gave the council an update on the Cabinet Heights Project.  Ryan stated Cabinet Heights were ready to finalize the project and the Edstrom would be paid the final amount owned minus the retainage.  He stated the retainage comes to over $91,000 and would be held until all sub-contractors have been paid in full and Edstrom has signed lien wavers by all sub-contractors.  The 11 month walk through warranty has been scheduled with Rural Development for July 15th of next year.

Ryan stated the Waste Water Treatment Plant Project is ready to go to bid and they are waiting on RD and it should be any day.

Flower Creek Dam mobilization will be this Wednesday and drilling will begin on Thursday.  16 core locations will be drilled which will take 4 to 5 days.  Once drilling is complete Ryan will notify DNRC that the condition has been met and then the samples will then be sent to Ohio for analysis, after that we will move on with the rest of the report and the conditions.

Mrs. Benson made a motion to approve the Cabinet Heights Project draw with the 5% retainage and payment not to be issued until lien wavers are signed off.  Mr. Orr seconded the motion.  Motion Passed

HEAR THE PUBLIC

Donna Ingenice at 179 Vicks gave the council two documents from herself and Judy Matott pertaining to the Planning Board Growth Policy.

Rudy Kahnt of 216 W 9th St. thinks the council could vote on requiring that the mayor get his face painted and also that Kandis should get a hold of the commissioners and request that Mr. Berget also het his face painted.

ADJOURNMENT

Meeting was adjourned at 7:40 pm.

 

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING SEPTEMBER 21, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The Meeting started at 6:03pm.  Kathy Hernandez, Andrew Schmit and Ted Linnert of the EPA, Lisa Dewitt of the DEQ, and Dave Cosgriff of Arrowhead Engineering were present.  Mayor Roll, Council Members Bill Bischoff, Peggy Williams, Robin Benson and Vicky Lawrence, Attorney Alan Payne and City Clerk-Treasurer Glena Hook were also present.

Dave Cosgriff gave a report on what International Paper has been doing, what has been going on as far as monitoring and what are the next steps.  Dave stated they have been drilling 29 wells in 10 locations in Libby to try and get additional data from the Libby ground water mainly the upper aquifer to better define the vertical extent of contamination in the ground water.  Mr. Cosgriff stated a new sonic drilling technology was tested and it worked fine so based on that the first wells were drilled July of 2010.  The wells are drilled in clusters of three at three different depths for monitoring.  When contaminates are found they drill further out called step out locations hoping to find no contaminates.  Contaminates were found in some of the wells and no contaminates were found in a lot of them.  The last wells drilled are almost ready for sampling and then will be sent in for testing.  The results will determine the step out locations and if those are clean they will not have to step out any further.

EPA will return in the spring for another update.

The meeting ended at 6:33pm.

__________________________

Mayor Doug Roll

Attest;

__________________________

City Clerk-Treasurer Glena Hook

October 4, 2010 | Regular Meeting

Read full text

THE 1336TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 4, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:02 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson and Mrs. Desch were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present. Mr. Bischoff was absent.

Prayer was offered by Jesse James.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting September 20, 2010 and the Special Meeting, September 21, 2010.
Mrs. Williams made a motion to approve Council Minutes from Regular Meeting September 20, 2010 and the Special Meeting on September 21, 2010.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced that Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Hammons and Mrs. Hook would be going to the MLCT Convention October 6, 7 and 8, 2010.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams reported that the Cemetery/Parks Committee met with Alan Hulse of MMIA about the responsibilities at the Cemetery but the committee did not want to make a decision until they had a chance to talk to the Funeral Home Director, Steve Schnachenberg.

Fire; Tom Wood announced that all was well.

Resolutions/Ordinances;  Peggy Williams announced that City Attorney Heather McDougall and herself have been in contact over the Bow Ordinance and should be out by the next meeting as well as setting the cemetery rates by resolution.

Personnel; None

Building; None

Water/Sewer; Mrs. Benson stated due to some legal questions that have arisen she has requested that City Administrator Jim Hammons, City Attorney Heather McDougall and MMIA discuss all legalities pertaining to the grinder pumps.  Mrs. Benson feels legal guidance is necessary before the committee can make a recommendation.  Mrs. Benson also stated that they would ask questions at the MLCT Convention.

Budget/Finance; None

Police;  Police Chief Smith stated that there were 272 cases in September 2010, with 36 citations and 29 arrests.  Chief Smith said total cases were down in September compared to August.

Lights/Streets/Sidewalks; Mrs. Desch wanted to remind everyone that she is still working on the bike route through Libby.

Finance Report:  Clerk Treasurer Glena Hook reported that she was finished with the year end closing and was working on the information needed to close the Cabinet Heights Project.

City Administrators Report; City Administrator Jim Hammons reported that the core drilling was finished at Flower Creek Dam and would have the results of the core tests in 4 to 6 weeks.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Vicki Randall of 254 Cabinet View Country Road spoke to the council about a letter she had written to them.  Mrs. Randall stated the kicker that made her write the letter was when Mr. Frost came to her house and asked her to sign off, that all their needs had been taken care of.  She stated that when she told Mr. Frost that they hadn’t and asked about the rocks still in her lawn he stated that Edstrom Construction was leaving that day and suggested that she remove the rocks herself if she wanted it done.  Mrs. Randall’s letter talked of several expenses they incurred while putting their property back into the condition it was originally.  The Mayor stated that her letter would be taken under advisement and they would let her know.

UNFINISHED BUSINESS

The Grinder Pump issue is still in committee.

NEW BUSINESS     

Draft Growth Policy; Kristin Smith, Lincoln County Planning Director, presented the Draft Growth Policy that was recommended by the committee to the council.   Mrs. Benson commented that she was very appreciative of the planning board and the effort put forth to form a relationship with the many entities that the Growth Policy represents. Mrs. Smith commented that the board worked hard to address all comments made by the public and worked hard to form a relationship with the different entities of Libby.  Mayor Roll wanted to thank Kristin personally for her hard work in the assistance to the planning board.

100th year anniversary of the Fire Department; Steve Lauer of the Fire Department talked to the council about the 100th year anniversary of the Fire Department.  Some of the events planned for July 9, 2011 are a tribute unveiling, a parade and a Donkey Baseball game at J. Neils Park.  The Fire Department is asking the City to donate $10,000 from CTEP Funds to help cover the cost of the tribute.  Mr. Lauer stated they are asking for three things, a street closure for the parade, approval of the site for the tribute and a donation.

COUNCIL ACTION/DISCUSSION

Mrs. Williams made a motion to approve Business Licenses received to date.
Mrs. Desch seconded the motion.
Motion Passed.

Mrs. Williams made a motion to approve payroll and claims for September 2010.
Mrs. Lawrence seconded the motion.
Mr. Orr wants to see the Riley Concrete job itemized.
Mr. Hammons will look into.
Motion Passed.

HEAR THE PUBLIC

William Escudero of 520 Utah Avenue, Libby spoke to the council about getting a lease to own option on the City’s house on 520 Utah Ave. that they are currently renting.  Mayor Roll put it into the building committee.

ADJOURNMENT

Meeting was adjourned at 7:35 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



THE 1337TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 18, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.

Prayer was offered by Robert Mast of the Amish Church.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting October 4, 2010.
Mrs. Lawrence made a motion to approve Council Minutes from Regular Meeting October 18, 2010.
Mrs. Williams seconded the motion.
Motion Passed

ANNOUNCEMENTS

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams reported that Mrs. Lawrence had sent a second letter to Helena about the Splash Pad.  Mrs. Williams also stated that Jim Hammons had been in touch with the Funeral Home and was hoping to get a meeting set up with them soon.

Fire; None

Resolutions/Ordinances; On the agenda

Personnel; Mr. Bischoff reported that the Personnel Committee had started interviews for the part time Assistant Utility Clerk position.

Building; None

Water/Sewer; Mrs. Benson stated they were looking into local maintenance for the grinder pumps.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

Finance Report:  Clerk Treasurer Glena Hook reported that she was reconciled for the month of August.

City Administrators Report; City Administrator Jim Hammons reported they were waiting for the results from the core samples at Flower Creek Dam.   Mr. Hammons also stated that the David Thompson Brigade of about 200 was looking for a place to camp when coming through Libby next year.  It was suggested that Jim look into one of the schools and that the schools had been used for similar events before.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

There was no Public comment

UNFINISHED BUSINESS

None

NEW BUSINESS     

Ordinance # 1761, Establishing cemetery fees through resolution;
Mrs. Williams made a motion to approve the first reading of Ordinance # 1761.
Mr. Bischoff seconded the motion.
Motion Passed

Ordinance # 1762, Prohibiting Bow and Arrow hunting in the city limits of Libby;
Mrs. Benson made a motion to approve the first reading of Ordinance # 1762.
Mrs. Lawrence seconded the motion.
Motion passed 5 to 1 with Mr. Orr voting nay.

Resolution # 1763, unfilled septic tanks in the Cabinet Heights Project;
Mrs. Williams made a motion to approve Resolution # 1763.
Mrs. Lawrence seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Attorney Jim Reintsma talked to the council about becoming the next City Attorney when Heather McDougall leaves at the end of the year.  Mr. Reintsma stated he would need at least $65,000 per year to take on the City of Libby Attorney position.  Mr. Reintsma stated he would be willing to take some training courses on administrative work for small towns.

Cabinet Heights Project concerning Vicki Randall; Mrs. Williams stated her concern was, if we start cleaning cars and carpets and stuff, what kind of, Pandora’s box, will we be opening. Mrs. Lawrence stated that if the workers did not track the oil into Vicki Randall’s house then the city can’t be liable.  Mr. Orr stated his concerns were larger in scope and stated that it was promised by the mayor that we would have a public meeting with everybody up there and believes these kinds of issues would be better addressed in a public setting.  Mr. Orr said his personal opinion is that we promised these guys a meeting and we should have an end of project meeting with the entire community.  Mayor Roll asked what Mr. Orr would like to do with this specifically.  Mr. Orr stated that the concerns could be brought to the public meeting.  Mr. Orr also stated that he thought like Vicky Lawrence and felt that if the home owners drug the oil in on their own carpets that he did not know how the city could be liable.  Mrs. Benson asked if Vicki Randall signed off on the project and it was answered yes she did with protest.  Mrs. Desch stated she agreed with everyone else on the carpet issue but maybe the city might want to look into the rocks and stuff that she had to clean up in her yard.  Mr. Bischoff agreed with everyone else on the carpet issue and stated that he knew that some cars were cleaned and billed to Edstrom and if that is still a possibility then he would be supportive of that.  Mr. Bischoff stated that maybe she could get paid $50 for her work on the clean-up of the rocks in her yard and it could be withheld from Edstrom. Mr. Bischoff also stated he was not in favor of waiving the $500 hook-up fee.  Mayor Roll stated that he thought the council could have a meeting with the homeowners in the next couple of weeks to hear their concerns and stated he had discussed with Jim Hammons and Ryan Jones of Morrison-Maierle about withholding some of the funds from Edstrom Construction to pay for some of the stuff that was not finished prior to them leaving.   Mrs. Williams asked about the detour road and was it cleaned up.  Mr. Hammons stated that it was the old golf course road and the golf course has been using it and as far as he knows it is on golf course property.  Mayor Roll stated that probably the first part of November they would have a homeowners meeting and get that taken care of.

HEAR THE PUBLIC

Allen Olsen of 33692 Hwy 2, Libby asked the council if they received the $68,000 grant money.  Mayor Roll asked how much the city had received so far.  Mrs. Lawrence stated about $11,000 had been received so far.  Mr. Olsen asked if the city had received any letters from them.  Mayor Roll answered yes.  Mr. Olsen asked if he could have a copy of the letter.  The Mayor answered yes.  Mr. Olsen said he would be in tomorrow to pick up a copy of the letter.

Judy Matott of 180 Parmenter Avenue, told the council a story of how an arrow from her neighbor came through her window and stuck in her kitchen wall.  Judy Matott wanted to know what the new bow and arrow ordinance would allow.  Mayor Roll stated that she had missed out on about three meetings.  Mrs. Williams gave Mrs. Matott a copy of the bow and arrow ordinance.

Mr. Orr stated he would like to hear an official report on the $68,000 grant so that the council knows what went on.  Mayor Roll stated he would like it presented at an official meeting.

ADJOURNMENT

Meeting was adjourned at 7:40 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



WORKING COMMITTEE MEETING MONDAY, OCTOBER 25, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS

Mayor Roll called the meeting to order.  Mrs. Lawrence, Mrs. Williams, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  Mr. Orr was not present.

Mayor Roll started the meeting by announcing that it is an informal meeting to allow the Working Committee and other Council input on the City’s Growth Policy.  Kristen Smith, Lincoln County Planner answered questions from the Committee and Council concerning the City’s Growth Policy.  The Committee and Council discussed some changes needed on the Growth Policy.  Mayor Roll announced the Growth Policy would be put on the November 15, 2010 Council Meeting for discussion and possible vote.  Kristen Smith will be making a summary page of the changes that have been made at today’s meeting for the Mayor and Council.

The meeting was adjourned

__________________________

Mayor Doug Roll

Attest;

__________________________

City Clerk-Treasurer Glena Hook

November 1, 2010 | Regular Meeting

Read full text

THE 1338TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 1, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:02 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public. Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons and City Clerk-Treasurer Glena L. Hook, were also present.

Prayer was offered by Roy Yoder of the Amish Church.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting October 18, 2010.
Mr. Orr made a motion to approve Council Minutes from Regular Meeting October 18, 2010.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll reminded everyone to vote on November 2, 2010 and City Hall will be closed.  The Mayor also announced that Steve Lauer, of the Fire Department was not going to be at the meeting tonight.  The city will be doing leaf pick-up again this year on the week of the 8th of November 2010.

 COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams reported a meeting is scheduled for Friday with Steve Schnackenberg of the Funeral Home.  Mrs. Williams also stated that she had understood that Vicky had some response back on the second letter from Health and Human Services on the Splash Pad issue.  Vicky Lawrence stated that there will be some changes and the person Vicky spoke with made it clear that the city needs them to regulate us.  Mrs. Williams stated that the city did get a grant for $1,500 for playground equipment from the Lincoln County Foundation.

Fire; Fire Chief, Tom Wood reported that they also got a grant from Lincoln County Development for the Fireman’s Memorial Statue.  Chief Wood said that Assistant Fire Chief, Bill Watt was hurt on the job at Rural Fire and was put on total disability.  Tom stated that Bill was the computer person and he still hasn’t been able to get into the computer and get the information for a report.  Chief Wood asked if the council had time to look at the area for the placement of the Fireman’s Memorial Statue.  Mayor Roll stated that it would be put on the next agenda.  Mayor Roll also announced that the Fire Suppression is a burden on the businesses and it is being looked into to find a more cost effective way of billing for it.

Resolutions/Ordinances; None

Personnel; Mr. Bischoff reported that the Personnel Committee met and filled the vacancy half time position in the front office and that Jessica Obrecht was the new employee.

Building; Mrs. Lawrence reported that she had done some research on selling the city owned house on Utah and that Mr. Orr pointed out that public property has to be sold in a specific way.  Mrs. Lawrence contacted the family that was interested in purchasing the house and let them know that selling was not an option at this time.

Water/Sewer; Mrs. Benson stated she asked Jim Hammons to call local plumbing service to find out about getting local businesses to do service and maintenance on the grinder pumps.   Mrs. Benson reported they would be meeting later this week.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

Finance Report;  The City Clerk reported that she had started the reconciling for September 2010 and was still working on the closing reports and draw requests for the Cabinet Heights Project.

City Administrators Report; City Administrator Jim Hammons reported they were still waiting for the results from the core samples at Flower Creek Dam.   Mr. Orr asked about the water system problem.  Jim Hammons stated DEQ had some concerns about raw water cross contamination with the treated water.  Mr. Hammons stated there is a valve in place that was approved by DEQ in the past but is no longer approved.  DEQ would like an airbrake in the line.  After talking to Ryan Jones of Morrison-Maierle and Walt McElmurry, Water Supervisor a letter was sent off to DEQ with construction plans outlining the location and details of a new riser pipe assembly that will prevent any cross contamination of treated water from the plant.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

There was no Public comment

UNFINISHED BUSINESS

Steve Lauer, 100th anniversary Fire Department; was cancelled

Growth Policy Approval
Mrs. Williams made a motion to approve the Growth Policy.
Mrs. Lawrence seconded the motion.
Mr. Orr stated that it was his understanding that this was an advisory document and that it really doesn’t have any force.
Kristin Smith, Lincoln County Planner answered yes it was a guiding policy only, a vision of how the community might look 20 years from now.
Motion Passed

Resolution # 1752, street abandonment Washington Avenue; Mrs. Williams and Mrs. Lawrence stated they were not ready to vote on the street abandonment.
Mr. Bischoff made a motion to postpone Resolution # 1752 until the next meeting.
Mr. Orr seconded the motion.
Motion Passed

NEW BUSINESS

Pam Lance, chairperson for the Avid Gardeners came before the council and asked permission to use the Ponderosa Room for their meetings.  Mayor Roll put it in the Building Committee and stated it would be put on the next agenda.  Susan King of the Avid Gardeners gave a report on the triangle that the Avid Gardeners are landscaping and brought pictures for the council to see.

Handicap parking on 6th Street; Mrs. Desch stated she had talked to Corky Pape, Street Supervisor and he did not see a problem putting a handicapped parking place there.
Mrs. Lawrence made a motion to approved a handicapped parking place on 6th Street by Dr. Newman’s office.
Mrs. Desch seconded the motion.
Motion Passed

Paving on 6th and Main by Kootenai Paving approval of in kind services of up to $13,000 of the cost to go to Kootenai Paving loan owed to the City of Libby;
Mr. Bischoff made a motion to approve the in kind services of up to $13,000 to go toward the Kootenai Paving Loan.
Mrs. Benson seconded the motion.
Motion Passed

Street Closure for Parade of Lights to be held on December 3rd, 2010 on Mineral Avenue and part of Lincoln Blvd. from 5:45-8:00pm;
Mrs. Lawrence made a motion to approve the Street Closure for the Parade of Lights.
Mr. Orr seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Cabinet Heights sewer hook-up letter & check from the Thompson’s; Mrs.  Williams stated she believed this should go to committee to see if it is a valid request and stated from her perspective it needs to be paid in full and then if they request is valid we would reimburse them for their damage.  Mrs. Lawrence stated the Thompson’s should pay the total hook-up fee of $500. Mr. Orr stated this had to do with Edstrom Construction and believes they should pay the full amount.  Mrs. Benson, Mrs. Desch and Mr. Bischoff agreed with the other council members.  Mayor Roll recommended writing a letter to the Thompson’s requesting the full hook-up payment.

Approval of Business Licenses received to date;  Mayor Roll put the Healing Center Business License into the Resolution and Ordinance Committee.  Valerie Souther and Denise Purdy-Patrick owners of the Rivermist spoke to the council about the Healing Center located next door to their business.  They stated that they have heard that some people think the Rivermist is selling Marijuana and are concerned about their business being thought of as a Medical Marijuana store.  They believe a more appropriate place is needed to administer Medical Marijuana.  Jerry Bennett of 784 Taylor Rd stated that some cities have a moratorium in place until they see what the Legislature will decide with the Medical Marijuana Issue and suggested if the legislature was unable to pass restrictions on the medical marijuana law that every voter should get out there and repeal this. Mrs. Williams brought up a Business License that has been in the approval packet for months waiting for a variance and wanted to do something about it.   It was decided that a letter would be written by the Clerk stating that the business had until December 6th meeting to come before the council with their variance request or lose their business License.
Mrs. Williams made a motion to approve Business Licenses received to date.
Mr. Orr seconded the motion.
Motion Passed

Approval of Payroll and Claims for October 2010.
Mrs. Williams made a motion to approved Payroll and Claims for October 2010.
Mr. Bischoff seconded the motion.
Motion Passed

Flower Creek Dam expense;
Mrs. Benson made a motion to pay for the Flower Creek Dam Expense out of the I P money.
Mrs. Lawrence seconded the motion.
Motion Passed

HEAR THE PUBLIC

Bill Cunane of 62 Michigan let the council know that the Lincoln County Amateur Radio Group would be acting as Special Event Stations from their homes for 2 weeks during the 100th Anniversary of the Fire Department Special Events.

Deanna Kehn of 196 Scenery Road, Libby wanted to thank the city for their help in getting the roads paved during the Cabinet Heights Sewer Project.

Alan Olsen of 33692 Hwy 2, Libby told the council that he only got the first page of the DNRC report he asked for and wanted to know if he could get the other pages.  Mayor Roll told Alan that he thought he had all the pages and would get a copy to him.

Tom Wood Fire Chief; told the council that he encouraged sprinkler (fire) systems in city businesses but would like to see a use fee instead of a monthly fee.

ADJOURNMENT

Meeting was adjourned at 8:12 pm.

 

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



PUBLIC HEARING MONDAY, NOVEMBER 15, 2010 @ 6:15PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:20pm.

There was no Public comment on the on Ordinance # 1761, Establishing Cemetery Rates through Resolution.

The meeting was adjourned at 6:20pm.

 

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



PUBLIC HEARING MONDAY, NOVEMBER 15, 2010 @ 6:30PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:30pm.

There was no Public comment on the on Ordinance # 1762, Bow and Arrow Hunting in the City Limits.

The meeting was adjourned at 6:30pm.

 

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



THE 1339TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 15, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public.  Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons, City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook, were also present.  Mrs. Williams was absent

There was no one present to offer prayer.

Mayor Roll asked for the Approval of the Council Minutes from the Regular Meeting November 1, 2010 and Working Committee Meeting October 25, 2010.
Mr. Orr made a motion to approve Council Minutes from Regular Meeting November 1, 2010 and Working Committee Meeting October 25, 2010.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced that we received a letter from the Western Governors Association concerning Biomass.  Mayor Roll stated the EPA is trying to regulate it as a fossil fuel and the association would like some help changing EPA’s mind.           

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson stated that the committee is still meeting with plumbing businesses to obtain local service & maintenance for the homeowners with grinder pumps.  Tony Rebo and a couple other hospital staff met with the committee and gave an update on the new hospital and discussed what the city’s involvement will be.  The hospital will keep us informed of their progress.  Ryan Jones of Morrison- Maierle met with the water/sewer committee to give an update on the Flower Creek Dam Project.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

Finance Report;  The Clerk reported that she was working on October 2010 reconciliation,  that the Business Licenses were ready to go out and she brought a couple of lists for the council to look at.  Mrs. Hook said she had been working on the close out for the Cabinet Heights Project.  Mrs. Hook said she would be working on getting information on GASB 45 for the auditor and getting the Liquor Licenses out as well as the gaming permits.

City Administrators Report; City Administrator Jim Hammons spoke about the flyer that was in the council packets that talked about hydrant markers to keep them from getting ran into and broken.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

There was no public comment 

UNFINISHED BUSINESS 

Fireman’s Memorial Statue area for placement; Rozanne Escadero of 190 Rustic, Libby, spoke for the Chamber of Commerce stating the Chamber was excited about the Fireman’s Memorial Statue but would like to see it put in a different area other than the corner in front of the Chamber.  Ms. Escadero stated with the cover that is proposed over the statue it would block the Chamber offices, could present a visual clutter to a well kept entry to the city and be a potential concern to the safety of traveling motorists.  Mayor Roll suggested that if it did not have a cover it would not block anything.  Tom Wood, Fire Chief spoke to the council about the letter from the Chamber that states they were not talked to about the placement of the Statue and wanted the council to know that he had spoken to the Chamber several times and they didn’t have a problem with the placement. Kristin Smith of 1523 Dakota, Libby, stated the structure was the biggest concern.   After, further discussion
Mr. Orr made a motion to approve the location moved up to 5 foot to the West.
Mr. Bischoff seconded the motion.
Motion Passed

Resolution 1752, Washington Avenue Street Abandonment;
Mr. Bischoff made a motion to approve Resolution 1752.
Mrs. Lawrence seconded the motion.
Motion Passed

Helping Center Business License; Mayor Roll stated that the portion of our Business License Ordinance that speaks of Federal Law was the issue.  Mayor Roll stated that the council has already approved the business license for the Helping Center and if the council wants to revoke the license that the Helping Center has the right to be heard.  It is the Mayor’s opinion that we should hold off any decisions until a meeting with the Helping Center can be held.  Ronnie McDowell-Rowen from Kalispell came forward to talk to the council.  Mrs. Rowen stated that she was co-director of the Helping Centers located in Big fork, Columbia Falls, Libby and Kalispell.  Mrs. Rowen stated there was no growing on the premises and they followed the state initiative.  Mrs. Rowen also stated everything is locked up in the evenings.  Kevin Moore is co-director of the Helping Center in Libby.  Mr. Bischoff stated that the only conversation he had was about a two minute conversation with Kevin Moore.  Mrs. Benson stated that Scott Curry brought Kevin Moore into the courthouse and she told them that what they were presenting to her they needed to contact the council and mayor about.  After further discussion the mayor asked if the council wanted to table this until further investigation as to whether they want to revoke the business license.   Mr. Bischoff stated he thought the council should do two things.  The first being to write a letter to the business and set up a meeting date to hear their side and also work on amending our zoning in the ordinances to an area that the council feels suitable for this kind of business to be located.  Mayor Roll stated we could not locate them anywhere because of the Federal Issue of Marijuana being illegal stated in our ordinance.  Mr. Bischoff stated that there would be three things for the council to look into.
Mr. Bischoff made a motion to send a letter to this organization to have a discussion about suspending their business license.
Mrs. Lawrence seconded the motion.
Motion Passed.
Mr. Hammons will write the letter.

Ordinance 1761 cemetery fees through resolution;
Mr. Orr made a motion to accept Ordinance 1761.
Mrs. Lawrence seconded the motion.
Motion Passed

Ordinance 1762 bow & arrow hunting in the city limits;
Mrs. Lawrence made a motion to approved Ordinance 1762.
Mr. Bischoff seconded the motion.
Motion Passed with Mr. Orr voting nay.

NEW BUSINESS

Resolution 1764 relating to sewer system revenue bond;
Mr. Bischoff made a motion to adopt Resolution 1764.
Mrs. Desch seconded the motion.
Mrs. Lawrence voted yes.
Mr. Orr voted no.
Mrs. Benson voted yes.
Mrs. Desch voted yes.
Mr. Bischoff voted yes.
Motion Passed

COUNCIL ACTION/DISCUSSION

Cabinet Heights final draw request;
Mr. Orr made a motion to approve the final draw request for Cabinet Heights Request.
Mrs. Benson seconded the motion.
Motion Passed  

ADJOURNMENT

Meeting was adjourned at 8:01 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING NOVEMBER 16, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6.00pm by Mayor Roll.  Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mr. Orr and Mr. Bischoff were present.  City Clerk-Treasurer, Glena Hook was also present.  Mrs. Desch was absent.

Gene Chapell, Dan Rohrer and Kari Martell were present from Cabinet Heights Country Club.

Mayor Roll stated that we were here because council was wondering about payment schedule for the loan to Cabinet Heights Country Club and what we are going to do about payment.  According to agreement payment was suppose to start in January 2010.  We didn’t really push anything because it was not ready to go.  There were some issues about the sewer and the sewer is there now.  Mayor Roll said he would just open it up for discussion.

Dan Rohrer stated that the sewer wasn’t there and now it is so it was an impossibility to sell lots before the sewer was in this fall.  As it is set up the source of the repayment is through the sale of lots, which we have not even started simply because there was no sense in pursuing it until the sewer was in place.    Dan Rohrer said he realized that it says we are to start payments as of January 2010 but that was with the understanding that sewer was to be there before then.

Mayor Roll stated that he called Scott Spencer and he recalled that everyone thought they could start selling lots right off the bat and thought at that time that they might be able to pay off the loan before 2010.  The January 2010 date was put on to have some kind of starting date.  There is no payment schedule at this time.  Mayor Roll said he did not think it was strictly based on lot sales.

Gene Chapell stated that as he remembered it was based on lot sales.

Mayor Roll said he was getting different stories from people that were there and the payments were to start January 2010.  Mayor Roll said you have got an 18 hole golf course and if you don’t sell any lots you won’t have to pay the loan back by your definition.  That was the reason to put a date on it so that would not occur.

Gene Chapell stated that they were told the sewer was going to be there soon and they couldn’t sale lots without the sewer being there.  Gene Chapell stated the whole thing was based on the sewer coming in soon, but it didn’t.

Mr. Bischoff asked if they went through with a preliminary plat and got it approved.

Dan Rohrer and Gene Chapell answered yes it is all done.  Dan Rohrer said we got our ducks in a row right away.

Mr. Bischoff asked if they filed preliminary plat with the county and Dan and Gene answered yes.

Mrs. Williams asked what it was called because she went to the county today to check and the county couldn’t find anything on it, so she was wondering if the Country Club called it something else other than what she has on the copy of what is called phase II.

Dan Rohrer said we have a plat and what paper trail it has we don’t know.  We discontinued pursuing it when we didn’t have a sewer, you can’t finalize anything until you have a sewer.

Mrs. Williams stated you started this in 2007, but when I checked today the county did not have anything with this title so I am asking if you called it something else.

Dan Rohrer said I don’t know I wasn’t on the board then.  So your question is do we have a plat.

Mrs. Williams answered no, a subdivision with preliminary approval is what I am after.

Mr. Bischoff stated that usually you do that before and get it all approved through the county for a preliminary approval and then when the sewer comes in you file for final approval.

Gene Chapell said the plat was made up with the sewer in mind.

Mr. Orr stated that Scott Spencer wrote in a letter to the council that city sewer could not be a condition for approval.  Mr. Orr stated that he saw in the plan that the county club had researched on site systems and community systems and there was talk about getting grants to go ahead with that.  Mr. Orr stated you do have city sewer now so that should streamline preliminary approval if there is not preliminary approval yet.  Mr. Orr stated that Scott Spencer stated that if it was contingent on city sewer that would make the city in business with the country club and that would not be proper.

Dan Rohrer stated that since the sewer was late they have just waited and the sewer was not done until late in the fall and stated that if the sewer was done in a timely fashion they had three different buyers interested in the property.  They all backed out because the sewer took so long to come in.  Dan Rohrer stated that he still had not signed off on the check list and it was his understanding that he was suppose to when everything that was suppose, to be completed was by the contractor.  Dan Rohrer said until the punch list is done and everyone has signed off the sewer really isn’t done.

Mayor Roll said he would check with Ryan Jones of Morrison-Maierle.  Mayor Roll said he believes the official punch list form Rural Development is done.

Mr. Orr stated that the main thing he was concerned about was that this was all done on November 18, 2004 and he wanted to make sure that some time limits did not slip by.  That if we are allowing this to go through the deadline that we weren’t going to lose the agreement.

Gene Chapell stated they could not sell a lot without paying the city no matter when.

Dan Rohrer said there have been no sales.

Mayor Roll stated that was not an issue that we were just trying to get together and see what we can get done.

Dan Rohrer stated that at this time if you talked to a realtor you couldn’t sell a lot the way the market is.  Dan Rohrer stated he believed the economy will come back and when it does they will be able to sell and believes that would be the only time that would be wise to go forward.

Mr. Bischoff asked if they were going to move forward with getting the plan filed.

Dan Rohrer said there was no way to do that until the sewer was in and that was about a month ago.  Dan Rohrer asked that since they haven’t started payment and it was suppose to be January 1, 2010, were the city council expecting some kind of payment even if it is a token payment.

Mr. Orr stated he did not think they had discussed it.

Dan Rohrer stated because it is in the contract and they don’t want to default on the contract.

Vicky Lawrence stated in the Cabinet View Country Club business plan it was stated that 10% of the lots would be sold immediately to members of Cabinet View Country Club.

Dan Rohrer stated that was when they were told the sewer would be done immediately also.  He said there was interest but no commitment.

Gene Chapell stated if the sewer would have been put in a timely manner they would have had buyers, but because of the timing that did not happen.

Mayor Roll stated you asked about a token payment of some sort and that would be a council decision.

Dan Rohrer stated the only thing he was concerned about was being in default, if they made no payment in 2010 would they be at risk of default.

Mayor Roll stated his worry was the public that they had to answer to.  The public has brought up a number of times, where did the money go.  Mayor Roll stated that it might be a way to go, some sort of token payment because if the public pushes it will become a problem.

Dan Rohrer said he was concerned about where we go from here.  Dan Rohrer asked if there was a complete documentation of where the $8,000,000 has gone up to this point.

City Clerk Treasurer Glena Hook stated there was complete documentation that she could print out of the city software that shows where every penny has went.

Dan Rohrer asked if it showed the payment schedules and the payments also.

Glena Hook answered no, the payment schedule is a complete different thing.  Glena Hook ran a list for Cabinet Heights Country Club on what loans were outstanding in the ED Fund.

The Mayor asked the council if they wanted to think this over and come back with a recommendation.

Mr. Orr commented that he did not think they could make a decision tonight.

Mr. Bischoff stated that they should get back together sometime after the first of the year after the holidays are over.

Mrs. Lawrence didn’t know if that would work because if a payment wasn’t made in 2010 would they might be in default.

Dan Rohrer stated they would make a payment in 2010 and then if the council wanted to wait until the new year to work out the rest they would not be in default.

Mayor Roll stated the council would come up with something in the coming weeks as to which direction they want to go.

Peggy Williams asked the Cabinet View Country Club to please check with the planning office.

Mr. Orr stated there was no reason to move ahead with preliminary approval unless you sell to a developer.

Mayor Roll asked if the council had anymore question.

Meeting ended at 7:38pm

_______________________                  Attest;        ________________________

Mayor Doug Roll                                                        Glena L. Hook, City Clerk-Treasurer



SPECIAL COUNCIL MEETING NOVEMBER 18, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6.00pm by Mayor Roll who led the pledge of allegiance.  Mrs. Williams, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.

Mayor Roll announced that the meeting tonight was going to be on the River Front Park.  The Mayor asked Chris Noble of Noble Excavating to come down and explain the numbers and where they came from and how they came up with them.  Mayor Roll said he called Rebecca Thomas of the EPA before September 22, 2010 and explain to her that he would like to present council with some sort of figures that they could work with on the River Front Park.  That is when she sent the first figures dated September 22, 2010.  When I got the figures I asked Chris Noble to take a look at them and see what they had.  Chris noted several things that were off.  I then called Rebecca again and gave her Chris’s opinion and she tried to re-work the numbers again and that is where the 2nd summary dated September 29, 2010 came from.  It did not come out much better so we got a little conference call going and from there got the third summary dated October 4, 2010.  One number that has confused everybody is $47.53 number for the top soil.  Rebecca did not know there that came from and we don’t either.  The original number that came on the first summary was $24.25 and that was wrong because Chris Noble sales it to the contractors for $31.00.  The only thing the mayor figured was that it might be the contractors mark up but was not for sure.  The mayor feels we need to find out where the $47.53 figure actually comes from.  The mayor stated that he doesn’t think the number we are looking for is the cost that Chris Noble sells to the contractors but the number after markup.  Mayor Roll stated that to explain what he is talking about was that the city is looking for numbers that would reflect the true cost to EPA to do the work.

Chris Noble explained that what he was trying to do was give the city some numbers to work with that reflected what his calculations came up to.  Mr. Noble told the council that the numbers he calculated were from the costs of the topsoil and the crushed gravel or common fill.  Chris Noble then explained to the council how he came up with the numbers.  Mr. Noble told the council he was only giving them information on what he would sell it for and what the council chose to do with it was up to them.

Mr. Orr brought up the drainage problem and said it was EPA’s responsibility for the engineering.

Mayor Roll stated that EPA will level the site and drainage will come into it.  Mayor Roll said that Mr. Orr brought up a good point with the drainage issue and that would have to be worked in on the clean-up plan.

Mr. Orr stated that when they clean-up a portion of the park they left us a mess and he doesn’t believe it should be our responsibility.

Mayor Roll agreed and stated when they do the clean-up they should figure the drainage in at that point with our plan for the park in mind.

Mr. Orr said they would have to do the drainage before we come in with the 6 inches of top soil.

Mayor Roll said that is exactly right.  The Mayor stated at least we have a start and if the council thought of anything else needed it could be addressed.

Mr. Orr stated that EPA had put out another plan that he had picked up at the EPA office.  The rest of the council and mayor stated they had not seen that plan.  Mr. Orr asked if all was aware that this was part of the investigation.  The Mayor answered that he had heard that.  Mr. Orr stated that maybe you guys shouldn’t be speaking especially in a public setting.  Mayor Roll stated he had nothing to hide.  Chris Noble asked if there was an investigation on him.  Mr. Orr stated that there was an investigation on these three documents and Mr. Noble’s handwriting was on the documents.  Chris Noble asked Mr. Orr if he saw anything incorrect on the documents.  Mr. Orr replied yes.  Mr. Bischoff asked Mr. Orr want he saw that was incorrect.  Mr. Orr stated that there was definitely incorrect numbers on the document and it would come out in the investigation.  The mayor stated to Mr. Orr that we were here to go over what Chris Noble and he did with the plan but not to argue about it.  Mr. Orr disagreed with the mayor.

Mrs. Williams asked if EPA was going to move the road.  The Mayor answered no, that it was part of the City’s plan to move the road.

Mayor Roll stated that there was a misconception that Mr. Noble wanted the road moved and that was not accurate.  Burlington Northern came to Mr. Noble and stated they wanted to close the Pamida crossing and it was BN who wanted to move the road.

Bill Bischoff stated he thought it was a good starting point and he would like to see the EPA’s figures if they actually did the work themselves how much would it cost, because he did not feel the figures they had were accurate.

Mr. Orr said what Mr. Bischoff was asking for was in the feasibility study.  Mr. Bischoff asked if Mr. Orr recalled how much is was.  Mr. Orr answered 4 million dollars.  Mr. Bischoff stated that it was a big difference.  Mr. Orr stated that is why he has never been comfortable with it and they were trying to pull a fast one.  Mr. Orr stated they were offering us a quarter million on a four million dollar job.  Mr. Orr stated that he did not feel we were getting enough coverage.  Mayor Roll stated that is why we are here to talk about this.  Mayor Roll stated that when the EPA comes up with their plan if they are not going deep enough we can, not accept their plan.  Mayor Roll stated that they needed to keep working on this and try to get some proper figures and stated he needed to look at the four million on the remedial because that would be for the site and for the whole thing not just for what we are going to do.  Mayor Roll stated we should bring the remedial action plan in and take a look at it.

Mr. Orr stated we need to be a step ahead instead of a step behind.  Mr. Orr said Rebecca Thomas is going to try and lowball this as much as possible and that it is a four million dollar project and she has it whittled down to a quarter of a million and that is in her best interest.

Mayor Roll answered unless we see what she has got I don’t know what we can do.

Mr. Orr said what she has is what is in the feasibility study.  Mr. Orr said none of us were privy to the three remedial action plan responses.  Mayor Roll asked if Mr. Orr was talking about what him and Chris Noble was working on.  Mr. Orr said yes.  Mayor Roll said that is why we are here to talk about it tonight.  Mr. Orr said we should have gotten together before these ever got out because these are bogus.  Mayor Roll stated that it was simply a plan brought to the council to look over and change or add something if needed.  Mr. Orr felt the mayor had been negotiating without council approval.  Mr. Bischoff stated he did not feel the mayor has been negotiating, but had given us some starting figures that EPA threw at us and the mayor was trying to determine if they were accurate or not.  Mr. Bischoff said that Mr. Orr had the same opportunity and could set down with the figures and say they were not accurate.  Mr. Orr said he has.  Mr. Bischoff asked why, he didn’t bring it forward to the council.  Mr. Orr stated because he took it to the investigators.

Mr. Orr made a motion that going forward the entire council be involved in any negotiations with EPA.
Mr. Bischoff stated that he did not think the Mayor was negotiating but trying to get information for the council.
Mayor Roll stated the motion would not go forward.

Mayor Roll stated he was ready to close the meeting.  The meeting was adjourned at 7:45pm.

_______________________                  Attest;        ________________________

Mayor Doug Roll                                                        Glena L. Hook, City Clerk-Treasurer

December 31, 2010 | Special Meeting

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SPECIAL COUNCIL MEETING DECEMBER 1, 2010 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 5:30pm by Mayor Roll.  Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.

Carol Campbell, Victor Ketellapper, Mike Cirian and Jim Martin were present from the EPA.

Mayor Roll started the meeting by asking each council to talk about their concerns.

Bill Bischoff stated he believed we were moving ahead pretty good on OU1.  Mr. Bischoff stated he had a high respect for Victor, Rebecca and Mike and felt they were doing very well.  Mr. Bischoff’s concern was with the O & M costs and feels that many believe the fund that has been set up is not going to be sufficient.

Jim Martin of EPA stated that they are going to have to take a hard look at that.  He stated that over the next few years they will have to take a look at the funding and get a better sense of whether it is adequate.  He stated the State would play a lead role in O & M.

Barb Desch stated that her questions were basically answered and asked what is it going to be like once you guys have everything completed the way you feel it should be and we are on our own.  Mrs. Desch stated her biggest concern was when it falls back on us where do we go from here.

Mayor Roll stated that he wanted everyone to know that this meeting was not limited to the Asbestos clean-up and his concern was going to be with the Montanore Mine and what we could do to help get it going.  Mr. Roll stated that EPA is not giving them all the answers only some of the answers.  Mayor Roll said that it is like all government you ask one thing and three more things pop up.  The Mayor stated that what he was stating is that if they could lay the rules down and say this is what you have to do it would help.  The Mayor stated it would streamline the process while still protecting the environment, but wanted the EPA the give the Montanore Mine people something to work with.

Jim Martin, EPA, stated he thought that the draft supplement would be coming out in the Spring and that will set us up to move forward to closure on the Montanore Mine issue.

Mayor Roll asked Jim Martin if there was a way for the EPA to directly get with the Montanore Mine folks so it would come directly from you and they could respond.

Jim Martin, EPA, said you could call him when ever needed and said he was very serious about meeting the EPA’s responsibilities.

The Mayor stated they were looking for jobs and the Montanore Mine would create 300 good paying jobs.

Peggy Williams brought up Operation and Maintenance of the OU1 site.  She also stated she had concerns about the Institutional Controls and also asked what is it that the EPA is looking for in these meetings.

Jim Martin stated he would go to OU1 first and is very much hoping that before winter is out the issues could be resolved and believes that very soon the EPA will present a Design Proposal for OU1.  Mr. Martin believes they are getting to the point where they can work out the details where they do the remediation and the City does the restoration.  He stated he would like to get it behind us so that the City has a Park that is fully functioning and available to use.  Jim Martin stated he is coming here regularly because EPA is a significant part of the community right now and feels it is necessary, to  listen to ideas and suggestions that the Elected Officials and the Public have.  Mr. Martin said his commitment was not to sign any ROD before talking to the City first.

Peggy Williams commented that she is interested to see if Mr. Martin’s regular visits will facilitate anything.

Robin Benson welcomed Jim Martin and stated her concern was with the need for better communication so we are not always going over the same things and can move forward.  Mrs. Benson also stated she would like to turn the media back around from a town that is dying to a town that is flourishing.  Mrs. Benson stated that was her vision for the future.

Jim Martin stated that as they near the finish of their work here that one of their responsibilities will be to help with communication that would express their work being done and that Libby is a safe place to live.

DC Orr stated he shared all the same concerns.  Mr. Orr stated we haven’t been given a clear idea of what the Institutional Controls will be and the O & M.  Mr. Orr stated that we will be saddled with them and in turn will have to saddle the tax payers with them.  Mr. Orr stated he did not want to be the guy that does that when it turns out bad.  Mr. Orr stated he has the same concerns with communications and has asked repeatedly  about the O & M and everyone mentions some fund they have and we know that fund isn’t enough or realistic. Mr. Orr said we have estimates of what the O & M costs will be and it doesn’t seem well funded.  Mr. Orr stated that communication is a real problem and that we have several issues that we just don’t seem to be able to get information to make the decisions we need to make. Mr. Orr brought up the Search and Rescue Building and stated asbestos has been found in the building but the people at Search and Rescue tell him that the EPA says there is none.  Mr. Orr feels that we can’t move forward without a toxicity and risk assessment study being done.

Mr. Martin stated he understood all of Mr. Orr sentiments.  Mr. Martin stated that developing the answers that are deserved is an enormous, complex and time consuming job.  Mr. Martin stated they were commented to getting the answers needed, but there was nothing he could do to make it move any faster other than to make sure it stays on track.  Mr. Martin stated the figures he has seen show that the EPA clean-up has dramatically reduced the health risks to the people of Libby.

Vicky Lawrence thanked the EPA & taxpayers for helping to prevent Libby from becoming a ghost town.

Carol Campbell of the EPA wanted the council to know that the ROD is never final and that every few years if things change so will the ROD.

Gordon Sullivan wanted to know about the financial obligation to the home owners once EPA leaves.

Jim Martin commented that they are not planning Institutional Controls in individual homes.

Mr. Sullivan asked what if he wanted to demolish his home, would it be his responsibility to remove the asbestos the EPA chose to leave.

Jim Martin stated there are funds to help at this time.

Mike Cirian stated that the EPA can help with the demo at this time.

Duane Williams asked if something causes a breach in the homes that were not cleaned up would the homeowners insurance cover it.

Mike Cirian said he could not answer that.

Meeting was adjourned at 7:25pm.

 _______________________                  Attest;        ________________________

Mayor Doug Roll                                                        Glena L. Hook, City Clerk-Treasurer



THE 1340TH REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, DECEMBER 6, 2010 @ 7:00 PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00 pm, by Mayor Roll who led the Pledge of Allegiance and welcomed the public.  Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons, City Attorney Heather McDougall and City Clerk-Treasurer Glena L. Hook, were also present

Robert Mast of the Libby Amish Church offered prayer.

Mr. Orr made a motion to approve two Public Hearing Minutes from November 15, 2010, Regular Meeting minutes from November 15, 2010, Special Meeting November 16, 2010, and Special Meeting November 18, 2010.
Mrs. Lawrence seconded the motion.
Mrs. Lawrence stated she was not present at the November 18th council meeting.
Mr. Orr stated he made a motion on the 18th and the mayor would not allow it to go forward and wanted to know why it was not in the minutes.
Clerk Hook stated that there was no second and the motion was dismissed denied so she did not put it on the minutes.
Mr. Orr wanted the motion on the minutes.
Mayor Roll said he would like to look at the video before the minutes were changed.
Motion Passed

 ANNOUNCEMENTS

Mayor Roll announced that there are Elderly and Disabled citizens in the City of Libby that need help with snow removal.  The Mayor asked if there were any organizations in town that would be willing to help.

Mayor Roll announced that the EPA will meet with the city on Monday, December 13, 2010 @ 6:00pm.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; Chief Wood stated that for the month of November there were 5 city calls, 3 rural and 2 out of district.  Chief Wood stated the total calls through November were 87.  Mr. Orr announced he would be having a Fire Committee Meeting in the next couple of weeks about the Fire Sprinklers.  Mayor Roll stated that Jim Hammons was looking into how we could make up the $15,000  in revenues we would lose if we quit billing for the Fire Sprinklers.

Resolutions/Ordinances; None

Personnel; Mr. Bischoff stated that the Personnel Committee were meeting on Thursday concerning a Personnel issue.

Building; None

Finance; Mrs. Hook stated that she was reconciled for the month of October and that she had put the reconciliation sheets and budgets in the council packets.

Water/Sewer; Mrs. Benson stated that they would be having a water and sewer committee meeting tomorrow concerning the grinder pumps at the Cabinet Heights Project.

Budget/Finance; None

Police; Chief Smith stated there were 283 case reports drawn, 57 citations, 20 snow removal citations and 51 arrests in the month of November 2010.

Lights/Streets/Sidewalks; Mrs. Desch report that she has been looking into lighting in the back parking lot of the City Hall.  Mrs. Desch said she was told that Flathead Electric had poles for us but in checking the poles have been sold.  Mrs. Desch is checking into other aspects at this time.  Mayor Roll stated the city actually owned the poles.  Mrs. Desch reported that two of the poles had been promised to the city and she would look into it further. Mayor Roll said they were looking at putting in a couple of flood lights until poles could be found.

City Administrators Report; City Administrator Jim Hammons said he had spoke with Ryan Jones of Morrison-Maierle and the Flower Creek Dam report should be done in January and then would be sent to DNRC and then we would hear what needed to be done.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

There was no public comment

UNFINISHED BUSINESS

NEW BUSINESS

Variance, KC’s Kritters Daycare;
Mrs. Lawrence made a motion to approve the variance for KC Kritters Daycare with the stipulation that the variance does not transfer with business or property.
Mrs. Benson seconded the motion.
Motion Passed

City Attorney Appointment; Mayor Roll announced that Jim Reintsma has accepted the offer of Libby City Attorney and would like to appoint him.  Mayor Roll asked the council for a motion to accept Mr. Reintsma as City Attorney.
Mrs. Williams made a motion to accept Mr. Reintsma as City Attorney.
Mrs. Lawrence seconded the motion.
Motion Passed

Mt. Float Loan; Jim Hammons stated that Keith Kinden of Mt. Float came in to talk to him and said that things were not working out real well with the business and that as soon as he had the money he would come in to pay.   Mrs. Hook stated that the Mt. Float loan was almost 3 months in the rears.  The council decided to have Mr. Hammons write a letter to Mr. Kinden and give him 30 days to pay and if he does not have him come before the council on the 2nd meeting of January 2011.

Kootenai Paving Loan; Mr. Orr wanted to know why we couldn’t make the same deal with Kootenai Paving as we did with the Cabinet Heights Project.  Mayor Roll stated that Kootenai Paving did not do the paving on the Cabinet Heights Project and only furnished the asphalt and machine and donated the man to run it with the Counties help.  Mayor Roll said Kootenai Paving was not interested in doing the same deal as the Cabinet Heights Project.
Mr. Bischoff made a motion to allow $19,134.53 of in kind services to go to the Kootenai Paving Loan owned to the City of Libby from the bill for the paving at 6th and Main.
Mr. Orr seconded the motion.
After more discussion the motion passed.
Mr. Orr voted against the motion.

COUNCIL ACTION/DISCUSSION

Mr. Orr made a motion to approve payroll and claims for November 2010.
Mrs. Williams seconded the motion.
Mr. Orr stated he had some questions on the sidewalk claim.  Mr. Orr said the claim said something about a change in the bid and wanted to know what it was for and if the original bid for the sidewalks had already been paid.  Mayor Roll said that the original bill had been paid but there was an extra 163 feet of curb that was put in front of the library.
Motion Passed

2010-2011 Business Licenses; Mrs. Williams made a motion to approve the Business Licenses received to date, except for the following, Helping Center, Gun Room, Risky Business dba Crosscut Casino, Westmont Enterprises and Circle Therapeutics.
Mrs. Desch seconded the motion.
The Business Licenses that were pulled needed further investigation before approval per council.  The council also decided to make some changes to the Business License Application, they are as follows;  Change Business Address to;  Physical Address of Business, change Type of Business to; Description of products or services provided.

ADJOURNMENT

Meeting was adjourned at 7:50 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                        City Clerk-Treasurer, Glena L. Hook



SPECIAL COUNCIL MEETING DECEMBER 7, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6:00pm by Mayor Roll who led the Pledge of Allegiance.  Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Attorney Heather McDougall, City Administrator Jim Hammons and City Clerk-Treasurer Glena Hook were also present.

Mayor Roll announced that the meeting was concerning the Business License status for the Helping Center.  Mayor Roll stated after review, it has come to our attention that the Helping Center is a Medical Marijuana Provider.  Mayor Roll stated that by the City of Libby’s Business License Ordinance the Helping Center is in violation of Federal law.  Mayor Roll stated that the city’s ordinance on business licenses says that the city will not license any business, trade etc that is prohibited by any law of the United States and marijuana is prohibited under Federal Law.

The spokesperson, Mr. Moore, for the Helping Center spoke to the council about their business license and stated the Federal Government has stated that they will not prosecute Medical Marijuana.  There was a discussion between the council and the Helping Center about the issue.
Mr. Bischoff made a motion to suspend the Helping Centers Business License to take effect in 60 days, giving the Helping Center time to find other accommodations.
Mrs. Lawrence seconded the motion.
Motion Passed

______________________

Mayor Doug Roll

Attest;

______________________

City Clerk-Treasurer Glena Hook



SPECIAL COUNCIL MEETING DECEMBER 13, 2010 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6:00pm by Mayor Roll.  Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.

Ryan Jones from Morrison-Maierle spoke to the council and stated that the funding from Rural Development was in place for the Waste Water Project and asked the council for payment for the work Morrison-Maierle has done for the Waste Water Project before the end of the year.

Mr. Bischoff made a motion to pay Morrison-Maierle for their work on the Waste Water Plant Project out of the Economic Development Funds and pay back the Economic Development Fund when funds are received from Rural Development.
Mr. Orr seconded the motion.
Motion Passed

Grinder Pumps at the Cabinet Heights Project; Robin Benson spoke for the sewer/water committee and stated their recommendation was to make the maintenance of the grinder pumps at the Cabinet Heights Project be the responsibility of the home owners.  That the city would purchase a pump to keep on hand as a loaner if needed while the home owners pump is being repaired.  The city would make information available to the owners of licensed plumbers in the area.  The committee would like the city to recommend the home owners to have annual inspections of the grinder pumps.
Mrs. Lawrence made a motion to accept the recommendation of the Water/Sewer Committee.
Mr. Bischoff seconded the motion.
Motion Passed

Meeting ended at 7:15pm

_______________________                  Attest;        ________________________

Mayor Doug Roll                                                        Glena L. Hook, City Clerk-Treasurer



SPECIAL COUNCIL MEETING DECEMBER 13, 2010 @ 6:15PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6:22pm by Mayor Roll.  Mrs. Williams, Mrs. Lawrence, Mrs. Benson, Mrs. Desch, Mr. Orr and Mr. Bischoff were present.  City Administrator, Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.

Rebecca Thomas of the EPA presented a Draft OU1 Remedial Action Plan to the Mayor and Council.  Rebecca Thomas asked the mayor and council if they wanted to include the railroad spur.  The mayor and council agreed that they wanted to keep the railroad spur.  Mayor Roll explained to the EPA that their plan did not coordinate with the city’s park plans and stated that the city needed their plan to be engineered first and then the EPA should come out with a plan that would fit the best with the City’s Engineered Park Plan.  Rebecca Thomas stated she could not give an answer tonight as to whether the EPA could do that.  Mayor Roll stated that he would like to see the EPA help with the RFP and in the long run it would save the EPA money if they worked with the city on their plan.  The council agreed that an engineering plan was needed for the Park (OU1).  Mr. Orr stated that he would like to see the results from the Search and Rescue building testing.

The meeting was adjourned at 7:37pm.

_______________________                  Attest;        ________________________

Mayor Doug Roll                                                        Glena L. Hook, City Clerk-Treasurer

 



APPROVED

SPECIAL COUNCIL MEETING CABINET HEIGHTS PROJECT TUESDAY, DECEMBER 14, 2010 @ 6:00PM IN THE PONDEROSA ROOM AT CITY HALL

The meeting was opened by Mayor Doug Roll at 6:05 pm. Mr. Orr, Mr. Bischoff, Mrs. Desch, Mrs. Williams, Mrs. Lawrence, and Mrs. Benson were present.  Mayor Roll addressed the audience with a statement that this meeting was for people to come up and state to the council their issues with the Cabinet Heights Sewer Project. Mayor Roll explained to the residents that there is a year warranty on the project.

Scott Thompson, 1011 Main Avenue told the council that he was there to represent his father Fred Thompson, who was ill and could not attend. Mr. Thompson went on to say that Edstrom Construction had done around $6,000 worth of damage in their trailer park. He said his father had sent a bill to Edstrom, and to the city. He said he spoke with Jim Hammons, and he said “He would take care of it”.  Edstrom did not seed the areas that were disturbed by the construction. Thompson’s claim they seeded 38,000 square ft. of their property. Mr. Thompson also was displeased with the grinder pumps, and the power to supply them. He was upset that it was not all gravity feed to the main.

Mr. Hammons noted that the bill from Fred Thompson was given to Ryan Jones of Morrison-Maierle and sent to Edstrom Construction. Mr. Jones also stated that the bill was sent to Edstrom and turned into their insurance company. Mr. Jones went on to say that we still have their bond of 1.7 million and if a settlement can not be reached between

Edstrom and Mr. Thompson, we could turn the claim over to Bonding Agency. Mr. Jones also mentioned that a lot of the issues at Cabinet Heights should be documented and turned in to the city to have for the warranty walk through next year.

Mike Carter, 667 Cabinet Heights brought up an issue with his sewer clean out. He said that the area around the clean out has sunk almost 2 feet. He was concerned that it could keep sinking and cause more damage to the line and drainage problems. Mr. Jones said that he will look at it as requested by the Mayor.

Cathy Jenkins, 118 Scenery Rd is also having an issue with sinking. She said that the area around her grinder pump is sinking. Also she has some damage to her landscaping and trees. Ms. Jenkins said she was constantly asking them (Edstrom) for grass seed. They brought a small amount to her to share with her neighbor. She claims that Edstrom also made a mess of her driveway. She asked them to bring in a load of gravel for letting them use her driveway and they replied that they already have brought in $1300 worth of gravel, and she should be happy with that. She also claims she repaired things with her own money.

Mike Klaesson, 583 Cabinet Heights Rd. told the council his biggest problem is the smell of “sewer gas”. He stated that he never had that problem before. He would like to have his yard repaired where his line is buried, because it is settling and he has plywood over it. Mr. Klaesson mentioned the problem with snowplowing up in the Cabinet Heights area also.

Wendy Berry, 150 Scenery Rd. mentioned that the line to the grinder pump next to her driveway is sinking, and she has a problem with an area in her driveway that is sinking. They have tried to fix it but it is still not fixed. She also has a problem with the snowplowing. Ms. Berry said they were promised before they were annexed that they would have as good or better service from the city as they did with the county.

Vicky Randall, 254 Cabinet View Country Club Rd. said her complaints were the same one she had addressed in a letter to the council in September. She claims that she had to use lots of water to keep her grass green and the road dust free. Ms. Randall also stated that she had her carpets ruined from tracking in asphalt, and that it cost her $1000 for cleaning and replacement. She had to clean rocks up in her yard, because she was told that Edstrom was leaving town and that if you want it done, you will have to do it yourself. There is still tar on her vehicle that she has not cleaned yet because she wants to know if she can get the cleaning paid for. She also mentioned that Nick Rewerts had spoken to Mr. Hammons and that he told Mr. Rewerts that any issues they have would have to go directly to the contractor. Mr. Hammons statement was that he told Mr. Rewerts that if there were any issues that they had to document them. If they had a broken sprinkler head and they wanted to be reimbursed for it that it should be wrote down now. It will be hard to get reimbursement if it is not documented. Ms. Randall said that Mr. Rewerts was told he could set up a payment plan and that the minimum was $50 a month. Mr. Hammons said that he told Mr. Rewerts that he could make payments or pay the full amount for the hookup fee, but he did not know if there was a set minimum for payment plan per month. Ms. Randall was upset that she has to pay a hookup fee. She claims she was told in the beginning there would be no hookup fee. When she was told there would be hookup fees, she was told that they could make payments and that the city would work with them.

Rich Hutter, 59 Highwood Dr. also had an issue with the smell of sewer gas. It was mentioned by other people in attendance that there were other homes in the area that had the same issues with sewer gas smell.

Barbara Rucker, 253 Scenery Rd. did not have any complaints other than her septic tank after it was filled with sand, started to sink. Also she said she had a vacant lot that she wanted to have stubbed off for sewer, and would have been glad to pay to $500 fee. She claims Edstrom did not stub her vacant lot off for sewer.

Terry Kelly 163 Scenery Rd. said she did not have any issues with the sewer, they had a private contractor do their work because of some changes they wanted to their water hookup. She did say that they did not receive a sign off sheet for the work in their yard.

There was discussion that followed about whether the new asphalt would be chip sealed in the spring, and could the retainage money held out on the final payment be used to help off set the cost for the hookup fee. Mayor Roll commented that the retainage could not be used for that purpose. Mr. Jones stated that most of the issues that were brought up could be covered with the bond. Mayor Roll said the grass seeding and yards settling were issues that will be address in the spring. He also commented that the city is not backing off on the construction issue.

The documentation issue was mentioned again, and Mr. Jones address the audience with what would be helpful for them to do if they have issues to be resolved in the future. He stated that any photo, and receipts documented with dates and costs would help in getting their issues paid for through the bonding company. Mr. Jones told everyone that had issues to submit any bills or documentation to Mr. Hammons who would send them to him to give to Edstrom.

The grinder pump issue was also brought up by many in attendance. They claimed that, the city was going to take responsibility of the grinder pumps. The Mayor stated that the city was going to look into the possibility of being responsible for the grinder pumps. The council voted on Monday night not to take on the responsibility.

Mr. Jones said the one year warranty walk through has been scheduled for July 15, 2011.  At that time they will fix anything that is a warranty issue. There was a comment made by someone, that does this only apply to the people that have not signed off on the project. Mr. Jones stated “NO” that it applies to everyone with a warranty issue. He also mentioned that we have to follow the proper procedure with the contractual agreement and that we have to give Edstrom a chance to make it right. But if they don’t then we have the 1.69 million bond.

A comment was made that “what do you want us to do, start a list and turn it in?’. Mayor Roll said yes, that’s why we are here tonight is for folks to compile a list of issues related to the construction of the sewer project, and get them turned in to the city.

Councilperson Robin Benson, made an apology to the residence, for the meeting coming so late in the year, but noted that the warranty is still in place for most of the issues discussed. She also asked if everyone was clear on the issues, and what would be the next step in correcting these issues.

Mr. Jones gave another over view of how the one year warranty procedure works, and that everyone should write down their issues like yards sinking, grass seeding, etc, and submit them to the city. The walk trough will be July 15, 2011, and those issues will be addressed then.  Mr. Jones said it is important to write these things down, that way when the burden of proof becomes an issue it will be documented.

Meeting ended at 7:15pm.

The meeting was adjourned at 7:37pm.

_______________________                  Attest;        ________________________

Mayor Doug Roll                                                        City Administrator, Jim Hammons