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January 3, 2011 | Special Meeting

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SPECIAL COUNCIL MEETING JANUARY 3, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6:02pm by Mayor Roll who led the pledge of allegiance.  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 about the Flower Creek Dam.  Mr. Jones stated that when the dam was up for relicensing in 2009 it was recommended from the visual inspection and demanded from DNRC that coring to the dam be done to evaluate concrete strength as a stipulation to relicensing.  Mr. Jones stated that the coring was completed in September of 2010 and sent to the laboratory for subsequent analysis. The final report on the dam was submitted to DNRC.  Mr. Jones stated that of the 17 cores that were taken from the dam, three cores remained intact for testing, the remaining cores were either taken along construction joints or just crumbed when they were taken out of compression. Mr. Jones went on to say that typically in concrete cores you will expect to see a strength in the order of 3 to 4K PSI’s and some of the cores tested in upwards of 6K SI which is good, intact core will range somewhere above 1K PSI so this is indicative that many areas of the dam have an effective strength of less than 1K PSI.  Overall the concrete was variable throughout the dam, Mr. Jones said.  In Mr. Jones opinion there were problems with the construction of the dam from the beginning.   Because of the initial freezing damage over time the condition of the concrete has degraded added Mr. Jones.  Mr. Jones stated they do not believe there is any emanate danger of the structure failing outside of an external event like a seismic event with a magnitude of 4.0 or greater.  Mr. Jones said they do believe that in the future if the concrete continues to deteriorate within the next five years as we have seen in recent history and we believe we will we don’t believe the factor of safety will be acceptable.  Mr. Jones said it would be highly unlikely that the city would be able to get the structure relicensed in five years.  Mr. Jones indicated that if they were to start tomorrow on the dam it would take the better part of five years to complete.

The council was in agreement that Morrison-Maierle should start searching for funding for repairs or replacement of the dam.

The meeting was adjourned at 6:43pm.

_______________________                  Attest;        ________________________

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



APPROVED

THE 1341ST REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JANUARY 3, 2011 @ 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present

Roy Yoder of the Libby Amish Church offered prayer.

Mr. Orr made a motion to approve the minutes from the Special Meeting, December 1, 2010, Regular Meeting, December 6, 2010, Special Meeting December 7, 2010 and two Special Meetings December 13, 2010.
Mrs. Lawrence seconded the motion.
Mr. Orr stated he asked for his motion to be on the November 18th 2010 minutes and it had not been put in the minutes.
Mayor Roll stated that Mr. Orr’s motion could be put on the minutes now because he had looked at the video that he had stated in the December 6, 2010 minutes that he wanted to check before Mr. Orr’s motion was added.
Mr. Orr took exception to the statement of Clerk Hook’s stating his motion on November 18th 2010 was dismissed and said it really stated that it was denied.
Mayor Roll agreed to change dismissed to denied.
Motion Passed

ANNOUNCEMENTS 

Mayor Roll announced that Eric of Montanore Mines wanted to come and talk to the council at the next meeting January 18, 2010.

Mayor Roll announced that Kristin Smith and Jim Hammons had been working on the RFP’s for the OU1 site and that it had been put in the paper.

Mayor Roll said Rebecca Thomas of the EPA wanted to have a conference call meeting during the week of January 3, 2011.  The mayor stated he did not know what the council wanted to do. Council stated that they had not received the information they asked for from the EPA yet so a meeting was not needed at this time.           

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams announced that the Park Committee was still an ongoing search for  playground equipment to put in Fireman’s Park and the Cemetery agreement was still outstanding.

Fire; Mr. Orr stated he would have a Fire Committee meeting concerning the Water Fire Suppression within the next few weeks and wanted it put on the agenda for the next council meeting

Resolutions/Ordinances; None

Personnel; Mr. Bischoff stated that the Personnel Committee were starting interviews for the City Service Worker position this Thursday afternoon.

Building; None

Finance; Mrs. Hook stated that she was reconciled for the month of November 2010.

Water/Sewer; Mrs. Benson stated that there was no new business but wanted to ask Vicky Lawrence and Bill Bischoff if they could have a committee meeting on the 13th with Ryan from Morrison-Maierle.

Budget/Finance; None

Police; Chief Smith stated there were 293 case reports, 41 citations and 29 arrests in the month of December 2010.  Chief Smith stated there were 4 deputies on for New Year’s Eve and there were two DUI’s.  Chief Smith also reported that Officer Alice Sowa was at Academy and would be gone for three months.  Mayor Roll brought up that the Firework’s Ordinance has not been amended to allow Fireworks during New Years Eve.  City Attorney Jim Reintsma was asked to work on an amendment to the Fireworks Ordinance to allow Fireworks from 5pm to 1am on New Year’s Eve.

Lights/Streets/Sidewalks; None

City Administrators Report; City Administrator Jim Hammons said he had put his report in the council packets and asked if the council had any questions.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA 

There was no public comment

UNFINISHED BUSINESS 

NEW BUSINESS 

Kirby Maki, Superintendent of Schools introduced the School Board Chairman Tracy Como who spoke to the council about the 12 Million Dollar Bond for the Schools and wanted the council’s support.   Tracey stated the 12 Million Dollar Bond would be used to upgrade the Middle School to provide space for Kindergarten through sixth grade and to upgrade the High School to provide for seventh grade through 12th grade.  The School District is planning on closing Asawood School and moving the students to the middle and high schools.

Sherry Bushnell asked the council for a variance for the Lavender & Roses Birth & Mothering Center.
Mrs. Williams made a motion to allow the variance with the stipulation that the variance would not transfer if the business was sold or moved.
Mr. Bischoff seconded the motion.
Motion Passed

Decision to dedicate the IP Settlement Funds to Water Distribution;  Mrs. Benson made motion to dedicate the IP Settlement Funds to Water Distribution.
Mrs. Lawrence seconded the motion.
Motion Passed

Resolution # 1765, approval of Loan Resolution for the Waste Water Plant Project;
Mrs. Williams made a motion to approve Resolution # 1765.
Mr. Bischoff seconded the motion.
Motion Passed

First Reading and approval of Ordinance # 1759 to adopt National Fire Codes;
Mr. Orr made a motion to approve Ordinance # 1759.
Mrs. Benson seconded the motion.
Motion Passed

First Reading and approval of Ordinance # 1766 to adopt National Building and Conservation Codes;
Mr. Orr made a motion to approve Ordinance # 1766.
Mrs. Williams seconded the motion.
Motion Passed

Resolution # 1767 to continue Allan Payne’s representation concerning EPA;
Mrs. Lawrence made a motion to approve Resolution #1767.
Mr. Bischoff seconded the motion.
Mrs. Williams made a correction to the resolution.
Mr. Orr stated that he took exception to the repeated use of continued representation because we have never had an agreement with Allan Payne before.
Mrs. Benson stated that on the second paragraph it stated continue to advise and she felt Allan Payne has advised the City pertaining to EPA.
Mr. Orr stated that he hasn’t officially advised the city and that was the issue.
Mrs. Benson stated she was in full support of the Resolution and stated that Allan Payne has advised the City in the past and so agrees that he is to continue to advise the City.
Barb Desch agreed that the continue should be in the Resolution because Allan Payne has advised the City and did not see any reason why it should be taken out.
Mr. Bischoff disagreed with Mr. Orr’s comments stating there has been an attorney/client relationship with Mr. Payne in the past and it has continued on and feels the language should remain intact in the Resolution.
Mr. Orr stated he had more information and that the city had email conversations with Mr. Payne about his representation when he entered into an agreement with the County as a Special Deputy Attorney and Mr. Orr stated he had asked Mr. Payne if he had a written agreement and Mr. Payne’s response was evasive and confusing.
Mr. Orr requested that the emails be added to the minutes of this meeting.
Mayor Roll stated that it was up to the council it was not up to the mayor.
Mr. Orr stated that no it was up to him.
Mr. Orr said he has requested that information be appended to the minutes.
Mayor Roll asked the council what they wanted to do.
Mr. Bischoff stated he did not care if they were put with the minutes.
Mrs. Williams said before she would want them to be put in she would have to see them and read them.
Mr. Bischoff stated if Mr. Orr wants to bring in his copies to the next meeting and ask that they be added to the minutes, that is fine but he would like a chance to go through Mr. Orr’s copies and compare them with his to make sure there is a complete record.
Mayor Roll stated that he thought the council should hold off adding the emails to the minutes until the next meeting to give the council a chance to look at the emails.
After further debate on the Allan Payne issue Mr. Bischoff made a motion to end the debate.
Mrs. Lawrence seconded the motion.
Motion Passed with Mr. Orr voting nay.
Mayor Roll went back to the main motion on approval of Resolution # 1767 and asked for a vote.
Motion Passed with Mr. Orr voting nay.

Emergency Resolution # 1768 allowing people with the sole source of heat through wood burning to be allowed to burn wood during bad air quality days;  Kendra Lind, Air Quality controller for Lincoln County  spoke to the council on the reason why she felt the City needed to approved the emergency resolution.
Mr. Orr made a motion to approve Resolution # 1768.
Mrs. Williams seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Approval of Claims and Payroll for December 2010.
Mrs. Williams made a motion to approve claims and payroll for December 2010.
Mrs. Benson seconded the motion.
Mr. Orr brought up an error on the spreadsheet used for paying advances to employees and wanted it to be corrected.
Clerk Hook agreed that it should be corrected but wanted council to know that there was no mistake in the actual amount of advances paid to the employees.
Motion Passed

Approval of Business Licenses received to date;
Mrs. Lawrence made a motion to approve Business Licenses received to date.
Mr. Bischoff seconded the motion.
Mr. Orr stated that he had checked on the Counseling Clinic and Westmont and that they were businesses and he would recommend approving their Business Licenses with the others received to date.
City Attorney Jim Reintsma will look into the question of licenses needed for the Cross Cut Casino.
Mr. Orr also wanted to hold out Environmental Restoration’s Business License stating they were in violation of Federal law.
The council decided to leave Environmental Restoration’s Business License in for approval until proof was brought forward that they are in violation of Federal Law and stated at that time they could suspend the license if needed.
Motion Passed

Approval of Liquor, Wine and Beer Licenses for 2011;
Mrs. Williams made a motion to approve the Liquor, Wine and Beer Licenses for 2011.
Mrs. Desch seconded the motion.
Motion Passed

HEAR FROM THE PUBLIC

None

ADJOURNMENT

Meeting was adjourned at 8:07pm.

_________________________                      Attest; ______________________________

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



APPROVED

SPECIAL COUNCIL MEETING JANUARY 18, 2011 @ 3:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

The Tele-conference meeting started at 3:30pm.  Rebecca Thomas of EPA was on the other end of the conference call meeting.  Council members present were, Peggy Williams, DC Orr, Robin Benson and Bill Bischoff.  Others present were, Mayor Roll, City Clerk-Treasurer Glena Hook, Nick Raines of CDM and Mike Ciran of EPA.

The discussion on the OU1 Park site included the river embankment, drainage swale across the property, re-vegetation along the river embankment and the design fund.  Some of the agreements by the council were as follows. The council does not want low levels of vermiculite left along the river embankment that could be accessed by the public.  The city does not want a large swale across the property of the OU1 site. The city would like to see re-vegetation along the river embankment after vermiculite is removed and would like to see some options on like species vegetation from EPA.  A site survey needs to be done first then the city would like to discuss options with the EPA.  The city wants to keep the rail spur and the council wants to know what they had pertaining to the rail spur before clean up started.  The council would like to see the site file from the EPA.  The council had some concerns about the upward migration of soil at the site.  Council was also concerned about the possible cross contamination of the Search and Rescue building and if it is a health risk to the search and rescue volunteers.  The council asked what was in the remedial investigation report and what standard was used.

The EPA’s answers to some of these issues were as follows; The city can look at other options for re-vegetation along the riverbank that the EPA can supply.  The EPA would like to see the city get together some site options for them to look at.  The EPA does not think the swale drainage would be a large ditch, just a small decline making a linear drainage not a large swale.  The EPA will check and see if they can find anything on the rail spur before clean-up started.  The EPA would like to see the engineering plan for the OU1 Park site as soon as possible so they can begin work on the site.  The EPA does not think they can increase the $15,000 for the design fund because of their restrictions.  The EPA does not know what would keep burrowing animals and bees out of the OU1 site.  The EPA said if the Search and Rescue building shows levels of vermiculite contamination it will be cleaned and would like to give it some thought.  The EPA will look to see if they have any information on drainage pipes in the area of the OU1 site.  EPA stated the Iris risk model was being used.

The following was agreed by all parties; Park engineering needs to be done before we move forward.  We do not need another meeting with the EPA and council at this point.

The meeting ended at 4:40pm.

______________________                  Attest;        ________________________

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



APPROVED

THE 1342nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JANUARY 18, 2011 @ 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present

Darwin Schofield of the Libby Baptist Church offered prayer.

Mrs. Williams made a motion to approve the minutes from Special Meeting December 14, 2010, Special Meeting January 3, 2011 and Regular Council Meeting January 3, 2011.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS 

Mayor Roll announced that the Wednesday morning breakfast meetings  would change to the Libby Café starting January 26, 2011.

Mayor Roll wanted to thank all emergency personnel for their help during the flooding of Flower Creek. 

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated that Mrs. Benson and Mrs. Lawrence are still working on the playground equipment for Fireman’s Park and there will be a meeting Friday during lunch to continue the discussion.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Finance; Clerk Hook stated that the MCA code updates, Ordinance # 1769 and the new Waste-Water rates for the WW Plant Project were given to the council for placement, approval and review.

Water/Sewer; Mrs. Benson reported that a meeting has been set-up with the Cabinet Heights homeowners that have Grinder Pumps for January 31st.  Mrs. Benson stated this was a courtesy meeting to explain the decision made by the council and to let the homeowners know that the city would keep a grinder pump on hand should it be needed.  Mrs. Benson also said they would listen to any concerns from the homeowners.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; City Administrator Jim Hammons said Lad Barney from US Rural Development contacted him today to let him know that he had set-up a meeting with the State Director concerning USDA Rural Developments help with the dam issue.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

There was no public comment

UNFINISHED BUSINESS

Steve Lauer of the Libby Volunteer Fire Department spoke to the council asking for approval to move the site for the Fireman’s Monument further to the west, remove 5 trees from the area and use some of the trees to build a cover for the monument.
Mrs. Williams made a motion to approve moving the monument site further to the west, removal of the 5 trees and permission to use the trees as needed to build a cover for the monument.
Mr. Bischoff seconded the motion.
Motion Passed

Second and final reading of Ordinance # 1759 adopting US Fire Codes;
Mr. Bischoff made a motion to adopt Ordinance # 1759.
Mrs. Benson seconded the motion.
Motion Passed

Second and final reading of Ordinance # 1766 adopting International Building Codes and Energy Conservation Codes.
Mrs. Benson made a motion to adopt Ordinance # 1766.
Mrs. Desch seconded the motion.
Motion Passed

NEW BUSINESS 

Eric Klepfer of the Montanore Mine updated the council on the development of the Montanore Mine Project.  Eric stated that they hoped to get the Environmental Impact Statement (EIS) completed in March of this year.  Eric also said they are getting great support from the community and would like the City’s continued support. Eric would like to come back over the next couple of months report to the council on where the Montanore Mine Project is at.

Gordon Sullivan of Libby spoke to the council about getting their support in putting together a 5 person task force to study the issues of O & M costs and responsibilities of private property owners after EPA is done with the asbestos clean-up and leaves the area.  Mayor Roll stated they would get with the county and discuss the idea of putting a group together.

Ordinance # 1769 Fireworks ordinance change;
Mr. Orr made a motion to approve the 1st reading of Ordinance # 1769.
Mrs. Williams seconded the motion.
Motion Passed

Approval of Certificate of Corporate Resolution, concerning the City’s premium only plan and summary plan description for insurance purposes;
Mr. Orr made a motion to approve the Certificate of Corporate Resolution.
Mr. Bischoff seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Montana Float Loan, Keith Kinden; Keith Kinden came before the council and asked for time to get his loan payments in.  Mayor Roll stated it would be up to the council and it would be put on the next agenda.

HEAR FROM THE PUBLIC

Alvin Benitz spoke to the council saying that there is a committee in support of the Montanore Mine Project called the Positive Action Committee.

Charlotte Woods 216 Snowy View Dr. Libby, spoke for the Positive Action Committee stating they were in support of the Montanore Mine and asked everyone for their support.

Patrick Pezelle, director of FVCC, spoke to the council asking them to consider selecting a council member to be a liaison for Positive Action Committee.  Mr. Pezelle also stated that Libby needs to project a positive image.

ADJOURNMENT 

Meeting was adjourned at 8:20pm.


February 7, 2011 | Regular Meeting

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THE 1343rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, FEBRUARY 7, 2011 @ 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present

Tony Shaw of the Libby Baptist Church offered prayer.

Mrs. Orr made a motion to approve the minutes from Special Meeting January 18, 2011, and Regular Council Meeting January 18, 2011.
Mr. Bischoff seconded the motion.
Mrs. Williams asked that her motion made in the January 18, 2011 regular minutes include moving the placement of the Fireman’s Monument further to the west.
Mr. Orr spoke of a change he would like added to the minutes of the special meeting being the EPA using the Iris risk model standard.
Clerk Hook asked that the change be written down.
Motion Passed

ANNOUNCEMENTS 

Mayor Roll announced that Montanore Mine would be having an open house at the Flathead Valley Community College on Wednesday in room 113 from 5 to 7pm.

Mayor Roll also announced that Chief Smith and Judge Briggs would have an informal meeting to discuss Judicial Law and Law Enforcement with the council. 

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated that Robin Benson approached Libby Park Board for additional money for the playground equipment for Fireman’s Park and was successful in getting $2000.  Mrs. Williams also stated that the report on the Cemetery would be under item #12 on the agenda.

Fire; Fire Chief Wood gave a Fire Report, 5 fire calls in the city, 1 fire call in the county.

Resolutions/Ordinances; None

Personnel; Mr. Bischoff reported that there would be a Personnel Committee Meeting Wednesday at noon.

Building; Mrs. Lawrence stated the Building Committee met to discuss a couple of Business Licenses that the council had questions about.  The committee recommended to follow the City Attorney’s recommendation that the Liquor Store associated with the Cross Cut Casino be considered a secondary business and therefore required to purchase a secondary Business License.  The committee recommended that the Gun Room be issued a Business License.

Finance; Clerk Hook gave a report on the Economic Development funds.

Water/Sewer; Mrs. Benson reported that the courtesy meeting with the Cabinet Heights Homeowners has been postponed.

Budget/Finance; None

Police; Police Chief Smith report all agencies that were called out during the Flower Creek flood did a great job.  The Police Department had a 100% call out.  Chief Smith reported that everyone did a very professional job and worked very well together.  Chief Smith reported 237 cases, 60 citations and 22 arrests for the month of January 2011.  Officer Sowa is still in academy and doing an excellent job.

Lights/Streets/Sidewalks; None

City Administrators Report; City Administrator Jim Hammons reported that DNRC had the Peer Review done by URS out of Denver, Co.  URS went over the report that Morrison-Maierle did on the core sampling up at Flower Creek Dam.  They also went up and inspected the dam and had a preliminary meeting.  They will put together a written report and Morrison-Maierle will get the report and make a comment on URS’s findings.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA 

There was no public comment 

UNFINISHED BUSINESS 

Montana Float Loan, Keith Kinden; Mr. Kinden thanked Council Member Robin Benson for coming out to his business and taking the time to see what they do and invited all other council members to do the same. Mr. Orr wanted it remembered that he was out to Mr. Kinden’s business also.  Mr. Kinden came before the council because he does not feel he can pay on his loan to the city at this time.  Mayor Roll stated that the question tonight was how the council wanted to handle the payment and what council wanted to do with this.  After council discussion it was decided that the council would have a CPA review Mr. Kinden’s books and report to the council the findings.
Mr. Bischoff made a motion to hire Mr. Stamy, CPA to look into the Montana Float Company’s books for the city.
Mr. Orr seconded the motion.
Motion Passed 

NEW BUSINESS 

Fire Committee recommendation on fire suppression;  Mr. Orr reported the Fire Committee recommended that the Fire Suppression fees be waved and suggested the lost revenue be made up by increasing the hydrant fees by 75cents and possibly using some of the revenues from the river pump water fees.  Mayor Roll stated that the city needed a recommendation on where exactly to make up the lost revenues by waving the Fire Suppression fees.  Mr. Orr stated the first recommendation would be to use some of the fees collected off the hydrant at the river.  Mrs. Benson asked what the fire suppression revenues were being used for.  City Clerk Hook stated that the fire suppression fees were used as revenue for operation and maintenance expenses for the water fund.  Mr. Bischoff was concerned about using the river water pump fees because he thought they were to be used to replace the water pump when needed.  The council decided they would like to think about it.  Mayor Roll stated it would be put on the next agenda.

RFP choices for River Front Park;  The council stated their top three choices and the top three engineers to be interviewed were, WGM, RPA and Carver.  Jim Hammons will send out letters and set up interviews.

Golf Course Subdivision, Kristin Smith; Mrs. Smith explained that the Cabinet View Country Club Phase II Subdivision was never finalized.  Kristin Smith brought forth a letter from then City Supervisor Dan Thede stating what she felt, were conditions the city wanted before final approval.   Kristin said that if the council felt that the subdivision was to be approved that the council could grant a one year extension until September 2011 as it should have been finalized by September 2010.  Kristin stated the statutory language does say the extension could be longer provided there is a written agreement with the governing body.  Kristin Smith recommended to the council that it be codified so it is in the city’s record.  Mayor Roll stated what was being asked is if the council wanted to give a 1 year extension and set down with the subdivision people to see if they need more time.  Mrs. Williams stated it was probably in everyone’s best interest to set down and talk with them and see if it can be worked out.  Kristin Smith stated she would be happy to prepare a letter on behalf of the council to that effect.  The council decided they would like to meet with the subdivision people.  Mr. Orr questioned the conditions that Mr. Thede had written in a letter and asked if the conditions should still be part of the conditions of approval.  Kristin Smith stated she would think so and stated the letter to the applicant might include the conditions.   Mayor Roll stated that Kristin Smith should go ahead and draft the letter so the city could get it to the golf course.

Cemetery Regulations; Mrs. Williams gave copies of the committee recommendation to council.  The recommendation stated the following; “After two meetings with Mr. Schnackenberg from Schnackenberg & Nelson Funeral Home seeking a resolution of the operation/ownership of the device used to lower caskets into the gravesites it is the recommendation of the cemetery parks committee that areas of responsibility be clearly delineated and that ownership and operation of the lowering device be the responsibility of Schnackenberg Funeral Home.  The city will not compensate Mr. Schnackenberg for operation of his device.  The Union contract with City of Libby employees prevents the city from operating the lowering device.  MMIA recommends that ownership of the device by one party and operation of the device by a separate party blurs lines of liability should something go wrong.”
Mr. Bischoff made a motion to accept the committee recommendations.
Mrs. Lawrence seconded the motion.
Mr. Orr asked if Mr. Schnackenberg was in agreement on this.
Mayor Roll stated that an agreement was not needed and the city had tried to work with Mr. Schnackenberg before.
Mrs. Williams stated that the recommendation was the results of the two meetings with Mr. Schnackenberg.
Mrs. Williams stated that the city needed to clearly define ownership and operation of the device.
Mr. Orr stated that he would like to hear what Steve Schnackenberg has to say about this.
Mayor Roll again stated that the city does not need Schnackenberg Funeral Home’s agreement because it is the City’s Cemetery.
Mayor Roll stated that Steve Schnackenberg was involved in two meetings and at that time got to have his say.
Motion Passed.
Mr. Orr voted against the recommendation.

Resolution # 1771 Emergency 2-mil levy;
Mrs. Williams made a motion to approve Flower Creek Flood Resolution # 1771 Emergency 2-mil levy.
Mrs. Lawrence seconded the motion.
Mr. Orr asked who hired the outside contractors.
Mayor Roll answered we did as the flood was a city problem.
Mr. Orr wanted to know how much the cost was.
Mr. Hammons stated the total cost was not all together yet.
The vote was 5 to 1 with Mr. Orr voting against the levy.
The Resolution did not pass. 

COUNCIL ACTION/DISCUSSION 

Sewer/Water rates for Waste Water Plant Improvements, possible IP Settlement used;

Mayor Roll stated that the Waste Water Plant Improvements required a $3.36 cent increase on sewer rates.  Mayor Roll stated that it had been discussed that there was a possibility of lowering the water rates to offset the increased sewer rates and using IP settlement funds to make up the water revenue loss.  After council discussion it was decided to wait until the dam report comes in before making a decision.

Approval of Payroll and Claims for January 2011;
Mrs. Williams made a motion to approve payroll and claims for January 2011.
Mrs. Lawrence seconded the motion.
Mr. Orr had questions on some claims consisting of claims to Jack’s Water Works, Vicky Lawrence and Doney, Crowley, Bloomquist and Payne.
Motion Passed with Mr. Orr voting against approval of payroll and claims.

Approval of Business Licenses received to date;
Mrs. Williams made a motion to approve Business Licenses received to date and included the approval of the Gun Room Business License.
Mr. Orr seconded the motion.
Mrs. Lawrence questioned the amount paid by owners of businesses in Libby that reside outside of Libby.
Mayor Roll stated that in the ordinance it states businesses located inside the city limits would pay $40.
Motion Passed.

Payment to Morrison-Maierle for work on Flower Creek Dam Project;
Mr. Orr made a motion to pay $76,172.70 out of the first IP Settlement money.
Mr. Bischoff seconded the motion.
Motion Passed 

HEAR FROM THE PUBLIC

Allen Olsen of 703 Louisiana Ave. asked why wasn’t the watering portion of the DNRC grant bid out and wanted to let the council know he thought the grant was poorly administrated.  Mr. Olsen also wanted the council to know that Vicky had already made a Spring order in Bonners Ferry for 2011.  Mr. Olsen asked that if you don’t like the nurseries in the area at least go to Eureka as it is in Lincoln County or resign your post and move to Bonners Ferry.

Duane Williams of KLCB-KTNY 251 W. Cedar St.  asked the council that as of today have any citations been issued for businesses operating in the city without a business license?  Mayor Roll answered yes.  Duane Williams asked who.  Mayor Roll answered the Helping Center.  Mr. Williams asked if there was an ongoing program by the city to identify businesses operating in the city without a business license.  Mayor Roll answered that if someone comes forward and reports a business that is operating without a license that is how they would be identified.  Duane Williams asked if there was a complaint filed against the Helping Center.  Mayor Roll stated that the council suspended their license for 60 days.  The Mayor asked for City Attorney Jim Reintsma’s input.  Mr. Reintsma stated that it was more of a common knowledge that the Helping Center no longer had a business license.  Duane Williams asked if other businesses in town were operating without a license would they be in violation of a business ordinance.  Mayor Roll stated that if someone came forward and reported a business operating without a license then we would go talk to them.  Duane Williams asked that if someone normally has to come forward in order to find a business in violation then in the Helping Centers case would it be the council.  Mayor Roll stated that this was done by the direction of council.  City Attorney Jim Reintsma stated that the Police Department can issue a citation to anyone they believe is in violation of a city ordinance.  Duane Williams said so if the Police Department is aware of another business in town operating without a license on their own action they can issue a citation.  Mayor Roll answered yes.  Duane Williams asked if that is what happened in this case.  City Attorney Jim Reintsma answered yes meaning everybody that has read the newspaper knows that the shop was not going to have a license.  Mr. Reintsma stated the mayor is aware of it and Chief Smith is aware of it and a citation has been issued.

ADJOURNMENT 

Meeting was adjourned at 7:27pm.

_________________________                      Attest; ______________________________

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



APPROVED

SPECIAL COUNCIL MEETING FEBRUARY 8, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 5:33pm.  Rebecca Thomas of EPA, Carol Campbell, Kathern LeCours and Alan Payne were on the other end of the conference call meeting.  Council members present were, Peggy Williams, DC Orr, Robin Benson, Barb Desch, Vicky Lawrence and Bill Bischoff.  Others present were, Mayor Roll, City Clerk-Treasurer Glena Hook, City Administrator Jim Hammons, Andy Lensink, David Berry and Victor Ketellapper of EPA.

Carol Campbell stated that EPA is concerned about the length of time it is taking to start their remediation at River Front Park.  She went on to state what the EPA was offering the city and felt it was a very fair offer.  Mayor Roll stated that the city was working on the selection of engineering firms to plan the park for the city, so the city could work with the EPA on drainage issues etc.  The substance of the conversation was that the EPA would like to get started with the River Front Park clean-up as soon as possible and the city is working on engineering plans before they want clean-up to start.  Mr. Orr voiced his concerns about communication and the possible danger to human health from contamination in the Search and Rescue Building.  Carol Campbell stated that when the outside clean-up around the Search and Rescue Building is finished they will do a full evaluation on the inside of the building and if over the acceptable limits then they would clean up the Search and Rescue Building.  Mayor Roll stated that there really wasn’t any acceptable limits and the city would probably ask that the Search and Rescue Building  be cleaned.  Mayor Roll stated that the city would take the EPA statements under advisement and go from there.  The phone conference ended.

Victor Ketellapper and David Berry went over what a Risk Assessment is and how they use it at EPA.  They handed out paperwork on the Risk Assessment presentation.  Mr. Orr was concerned about the method used to determine the toxicity levels.  Mr. Orr stated that the EPA used the Iris method and in EPA’s own words it was antiquated.  Victor Ketellapper stated the Iris method used still showed that remedial action was needed and that is what EPA was doing.  Robin Benson asked if there was better science available.  Mayor Roll stated he thought there was better methodology out there other than Iris.  Mr. Orr and Mayor Roll stated that the presentation was the same one that EPA did two years before.  The council discussed their concerns and asked questions about the risk/toxicity study.  The EPA said they thought there might be some study results ready by April 2011.  The council was still concerned about the EPA’s decision to sever all pathways at River Front Park and what might happen in the future should the pathways be breached (pertaining to human health).    The council also had concerns about people’s houses that still have asbestos in the walls and the impact it could have on human health.

The meeting was adjourned at 6:37pm

______________________                  Attest;        ________________________

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



APPROVED

SPECIAL COUNCIL MEETING FEBRUARY 10, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

CALL TO ORDER

The meeting was called to order at 5:32 pm, by Mayor Roll who led the Pledge of Allegiance.  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

Mayor Roll explained that the meeting was about the 2-mil emergency levy that did not pass at the Monday, February 10th meeting.  Mayor Roll stated it had to pass with a unanimous vote.  Mr. Orr had several questions about the procedure of the emergency and the bills incurred during the emergency flooding.
After further council discussion;
Mrs. Williams made a motion to approve the emergency 2-mil levy, Resolution # 1771.
Mr. Bishoff seconded the motion.
Motion passed unanimously.

The meeting was adjourned at 5:52pm

______________________                  Attest;        ________________________

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



APPROVED

PUBLIC HEARING TUESDAY, FEBRUARY 22, 2011 @ 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.

Jennifer Nelson of 1026 Washington Avenue spoke to the council about her concerns with the changes to the Fireworks Ordinance.  Ms. Nelson felt that the window of opportunity to use fireworks was too long and asked the council to consider a shorter window.

Meeting adjourned at 6:35pm.

______________________                  Attest;        ________________________

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



APPROVED

THE 1344th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, FEBRUARY 22, 2011 @ 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present

Lloyd Miller of the Eagle Valley Community Church offered prayer.

Mrs. Lawrence made a motion to approve the minutes from Regular Meeting February 7, 2011, and Special Meeting February 8, 2011 and Special Meeting February 10, 2011.
Mrs. Williams seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced that Chief Smith and Judge Briggs will have an class on Judicial Law and Law Enforcement on March 15, 2011 from around 5:30pm to 6:00pm.

Mayor Roll also announced that URS who was hired by DNRC for the Flower Creek Dam have gotten their written report to Morrison-Maierle.  Morrison-Maierle will get a written response to URS’s report ready for the council soon.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams wanted to commend Robin Benson for her diligent work in getting funding for new playground equipment at Fireman’s Park.  Mrs. Benson has secured over $5000 for new playground equipment with more pending.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Finance; Clerk Hook reported that she has finished reconciling for January 2011.

Water/Sewer; Mrs. Benson reported that a meeting with the Cabinet Heights homeowners with grinder pumps is scheduled for this Thursday, February 24, 2011 at 5:30pm in the council chambers.

Mrs. Benson also reported that the Waste Water Treatment Plant Project is being advertised for bids and a pre-bid walkthrough is scheduled for March 1, 2011 at 10am.  Bids will be opened on March 15, 2011 at 2pm.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; City Administrator Jim Hammons reported that Ryan Jones of Morrison-Maierle could not make it tonight but is hoping to have time to make comments on the Peer Review soon.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

There was no public comment

UNFINISHED BUSINESS

Ryan Andreessen, Libby Fire Department;  Ryan Andreessen came before the council requesting funds to be donated by the City toward the Fire Departments 100th anniversary celebration.
Mr. Orr made a motion to donate $2500 to the Fire Departments 100th anniversary celebration.
Mr. Bischoff seconded the motion.
Motion Passed

Fire Suppression, how to offset revenue loss if Fire Suppression Fees are waved;
Mr. Orr made a motion to do away with the Sprinkler Fees on the businesses that have them, replacing  the revenue loss with the fees collected from hydrant at the River Front Park.
Mr. Bischoff seconded the motion.
Motion Passed

Final reading of Ordinance # 1769, use of Fireworks;
Mrs. Benson made a motion to approve Ordinance # 1769.
Mrs. Williams seconded the motion.
Motion Passed

NEW BUSINESS

Igniters Car Club, Street Closure;
Mr. Orr made a motion to approve the Igniters Car Club street closure during their car show.
Mrs. Benson seconded the motion.
Motion Passed

Libby Loggers American Legion Baseball, permission to have music after the Alumni Game;>br> Mr. Orr made a motion to allow music after the Alumni game on June 18, 2011.
Mrs. Benson seconded the motion.
Motion Passed

Teri Kelly, Flathead Electric, discussion on conservation program; Teri Kelly of Flathead Electric reported to the council about the Flathead Electric Co-op’s Peak Time Project.

Engineering choice for RFP on River Front Park;
Mrs. Desch made a motion to proceed with WGM in negotiations pertaining to the RFP on River Front Park.
Mrs. Williams seconded the motion.
Motion Passed

Ryan Jones of Morrison Maierle was not present to give update.

COUNCIL ACTION/DISCUSSION

The council agreed to wait about a month to see what that bids came in at before starting the waste water fee increase process.

HEAR FROM THE PUBLIC

Teri Kelly had some concerns about the law concerning drinking and driving during the Igniters Car Show.  Mrs. Williams also had concerns about unbuckled children riding in cars at the Igniters Car Show.  Mayor Roll stated that the city needed to put together some concerns and take them to the Car Club as it is their responsibility to take care of these things during the car show.   Other concerns were about the possibility of accidents and injury of spectators during the car show when cars are allowed to burn out on Mineral Avenue.

Mr. Orr stated that he asked for an official report on the DNRC Grant on October 18th and had not received it yet.  Mr. Orr also stated it should be presented at an official meeting.  Mayor Roll stated that he would put it on the next agenda and present the report at that time.

ADJOURNMENT

Meeting was adjourned at 7:55pm.


March 7, 2011 | Regular Meeting

Read full text

THE 1345th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 7, 2011 @ 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present

Prayer was offered by Roy Yoder of the Amish Church.

Mrs. Orr made a motion to approve the minutes from Regular Meeting February 22, 2011, and Special Meeting February 22, 2011.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced that there would be a rally with the Montanore Positive Action Committee at the Fireman’s Park on March 31, 2011 in the afternoon.

Mayor Roll announced that the City received a certificate from the Montana Secretary of State’s Office commending the City of Libby for 100 years of business.

Mayor Roll announced that there would be a meeting with Attorney Alan Payne at 4:30 and another meeting at 5:30 with EPA on Tuesday, March 8, 2011.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; Fire Chief Tom Wood reported that there were 3 fires in the city and 2 in the county for a total of 5 fires that the Libby Fire Department responded to during the month of February 2011.

Resolutions/Ordinances; None

Personnel; None

Building; None

Finance; None

Water/Sewer; Mrs. Benson reported that the bid opening for the Wastewater Treatment Plant Project has been extended 2 days from March 15th to March 17th, 2011 @ 2pm.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Allen Olsen of Antler Tree Nursery ask the council if he would be permitted to speak when item number 11 on the agenda concerning the DNRC report was brought up during the meeting.  The mayor answered that he would be permitted to make comment.

UNFINISHED BUSINESS

NEW BUSINESS

Terry Peck, Pet Parade and Street Closure approval;
Mr. Orr made a motion to approve the Pet Parade and the Street Closure on Mineral Avenue between 4thand 5th Street for the Pet Parade on Saturday April 16, 2011 between the hours of 9:00am and 10:00am pending the approval of the City Attorney.
Mrs. Williams seconded the motion.
Motion Passed

Kristin Smith, Planning Director for Lincoln County spoke to the council about the one year extension for the Fairway Heights, Jacoby Homes subdivision.
Mrs. Williams made a motion to approve the one year extension which would be until October 2011.
Mrs. Benson seconded the motion.
Motion Passed.
Mr. Orr recused himself from voting.

Mayor Roll announced that he would like council to look at the way the Lighting and Sprinkling assessments were done and told the council he would get some information together for the next meeting.

COUNCIL ACTION/DISCUSSION

Mayor Roll announced that he would like the council to plan some projects for the International Paper money and said he would like to focus on this at the next meeting.

Ryan Jones of Morrison-Maierle spoke to the council about the report on the Flower Creek Dam.  Mr. Jones stated they had received the report from URS and that at the request of the council Morrison-Maierle, Entel Engineering and Geo Science reviewed the URS report.  Mr. Jones stated that their response to the report is outlined in a letter dated March 3, 2011 which he believed everyone had received a copy of.  Mr. Jones stated that Morrison-Maierle was standing by their initial report from January 11, 2011, which is dam replacement, or lowering and modifying to a safer configuration along with the installation of an early warning system to provide warning to downstream residents.   Mayor Roll stated he believed the dam needs to be replaced.  The council will have another meeting to discuss the dam with Ryan Jones.

DNRC report; Mayor Roll asked about where we were at on the DNRC report.  Mr. Bischoff stated everything looked good to him.  Mr. Orr stated that Troy was getting their dead trees replaced for free. Mr. Orr stated he did not feel the city should incur any more expenses from this. Mrs. Lawrence was asked to look into what Troy did to get their trees replaced.  Mrs. Lawrence felt it was not her business.  Jim Hammons was asked to call Troy and see what he could find out.  Mr. Orr stated that if the trees were dead when delivered the city has no obligation to pay for them.  Mrs. Lawrence stated that the trees that were delivered were not dead when delivered and stated that DNRC said there were several issues that could have contributed to the demise of our trees and that they could not pin it on any one thing that they had observed themselves.  Mr. Orr asked Mrs. Lawrence if she had negotiated for tree replacement for Libby.  Mrs. Lawrence stated that she had not negotiated for any trees and that the DNRC Grant was over.  Mrs. Lawrence stated that the Tree Board was going to provide $1000 toward the purchase of some trees.  Mr. Orr requested that the council be kept updated on how this proceeds.  Mr. Orr said that we have been left in the dirt all year.  Mr. Bischoff disagreed with Mr. Orr and stated he did not think we have been left in the dirt.  Mr. Bischoff stated that he feels Mrs. Lawrence has kept the council well informed and stated that Mr. Orr was supplied a lot of information from the Grant.  The mayor asked the council if anyone else felt they had not been kept updated.  Mrs. Benson stated she was fine with everything that has been presented.  No other council commented on the mayor’s question.  The mayor stated that they would continue to do as previously and update as things go on.  Allen Olsen of Antler Tree Nursery stated he listened to at least ten untruths out of the Administrators mouth.  Allen Olsen stated that Mark Lennon of DNRC and Jamie Brebner told bald faced lies.  Mayor Roll stated that was his opinion and asked Mr. Olsen not to call anyone a liar.  Mr. Olsen said he had stated previously that the trees in Troy were bad and that the council continued to compare.  Mr. Olsen did not agree with Mrs. Lawrence’s statements and called the mayor and council dishonest.  The mayor dismissed Mr. Olsen.  Mr. Orr asked Mr. Olsen if he got his full contract paid.  Mr. Olsen said no he did not get paid for his full contract.  Mayor Roll announced that the work had not been completed as asked and when looked at by some of council and his self was verified not to be completed.  Mayor Roll stated the contract was then terminated.

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

Approval of Claims and Payroll for February 2011;
Mr. Bischoff made a motion to approve Claims and Payroll for February 2011.
Mr. Orr seconded the motion.
Motion Passed.

Mr. Orr asked the Noble’s to explain their billing process and why they felt they needed a watchman and foreman for each machine.  Mr. Noble explained why he has a watchman and foreman on each excavator.
Mr. Orr made a motion to deny paying for a watchman and foreman for the two excavators.
The motion died for lack of a second.
Mr. Noble stated that he would donate his business’s work on the Flower Creek Flood to the City of Libby.
Mrs. Lawrence made a motion to pay Noble Excavating for the full bill.
Mr. Bischoff seconded the motion.
Motion Passed.

HEAR FROM THE PUBLIC

None

ADJOURNMENT

Meeting was adjourned at 8:10pm.

_________________________                      Attest; ______________________________

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

 



APPROVED

SPECIAL COUNCIL MEETING TUESDAY, MARCH 8, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 5:32pm.  Rebecca Thomas of the EPA and Victor Ketellapper of the EPA were present.  Mrs. Williams, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff were present.  City Attorney, Jim Reintsma, City Administrator Jim Hammons and City Clerk-Treasurer, Glena Hook was also present.  Mrs. Lawrence was absent.

The substance of this meeting was to ask EPA if they would work with the City on the clean-up at the OU1 site, River Front Park.  The EPA has issued a letter to the City stating they wanted access to the site by late April or early May.  Mayor Roll asked if the EPA would be willing to work with the city with a conditional consent.  Rebecca Thomas said that it may be a possibility.  Melissa from WGM, the city council’s choice for engineering the OU1 park plan, stated that she thought WGM could complete a rough engineering plan by mid to late April.  Mayor Roll asked what would happen if the city denied access to the site.  Rebecca Thomas said she did not know, but would hope the city and EPA could work together.  The main concerns with the OU1 site are grading, drainage, utility corridors, boat ramp, road access and roads.   The mayor and council would like to work with EPA to address these concerns using an engineered park plan from WGM.  The mayor and council decided to have Attorney, Jim Reintsma write a letter to EPA with conditions for access to the OU1 site after rough engineering plans are completed.  There will be a meeting to discuss and approve the letter to EPA on Thursday, March 10, 2011 at 5:30pm.

Mr. Orr brought up a letter from the EPA dated May 4, 2005 stating the Removal Action at OU2 to be complete and that the property is safe for all uses and there are no specific restrictions on use.  Mr. Orr brought up that because of this letter the Search and Rescue building was built on this site and now the building is contaminated.  Mr. Orr as well as the mayor and other council members believe EPA should be responsible for clean-up of this building.  There was no specific comment from the EPA on this issue.

The meeting was adjourned at 6:25pm

______________________                  Attest;        ________________________

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



APPROVED

SPECIAL COUNCIL MEETING THURSDAY, MARCH 10, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS AT CITY HALL

Mayor Roll called the City Council meeting to order at 5:35pm. Council members in attendance were Mr. Bischoff, Mr. Orr, Mrs. Desch, Mrs. Williams and Mrs. Benson.

Also at the meeting were Ryan Jones and Jeff Cicon, from Morrison and Maierle, Jim Hammons, City Administrator, Vic White, Lincoln County EMA and Charlie Comer Corps of Engineers.

This meeting was called to discuss the Flower Creek Dam and provide an extension letter to EPA.

After starting the meeting with Morrison and Maierle, Rebecca Thomas arrived and was handed a letter from the Mayor, asking EPA for an extension on the access to OU-1. Mayor Roll explained to Ms. Thomas that the council had looked over the letter and was in agreement on its content.

Mayor Roll then continued with the meeting explaining to everyone that the “risks and the unknowns” of the dam were too great to ignore and we need to make it clear to the funding agencies and the congressional delegation the urgency of the situation with the dam. The Mayor mentioned that at the end of the meeting he would like to have a motion from the council to move forward on the replacement of the dam. Also he requested that we make a resolution for funding to our congressional delegation and any other funding sources that may be able to help.

Ryan Jones explained that the DNRC is not comfortable with reissuing a license to permit the dam in 2015 with out rehab, repair or replacement that meet the DNRC’s safety standards. Mr. Jones also stated that the report done by URS, the firm wanting to do more testing of the dam, which could run up in the neighborhood of $250,000, was not the best use of the cities resource.

Mr. Jones went on to say that to do a project of this magnitude that we have to look at all options. He then explained what the needs are to the city with the population and the amount of water storage the city would require, to maintain an adequate water supply.

Flower Creek dam has 250 acre feet of water in the reservoir. If the dam were to be drawn down, 50 acre feet would be the minimum amount of water the city would need.   Mr. Jones said that in a drought year the city could see some type of water shortage or rationing. This is not because of the capacity of the reservoir; it’s due to the sluice gate at the dam not being operational. The city has roughly 3,500 people on the water system and the capacity of the existing reservoir could service up to 10,000 according to Mr. Jones.

Alternatives were discussed on how best to deal with the dam. The first being “No Action” but chances are we would not be able to be relicensed in 2015. The next was surface water. Parmenter Creek, Granite Creek, Big Cherry Creek and the Kootenai River were all looked into as possible sources to be pumped up to the treatment plant. Because of pumping, infrastructure, upgrading the treatment plant, long term O&M cost, and the need for storage, these alternatives are not the best solution to the problem.

Groundwater was also discussed as an alternative. Mr. Jones said the city had hired an engineering firm in 1990, J-U-B out of Idaho to do a Water Master Plan. Due to contamination from the Champion mill site, wells could not be drilled. Other well sites were looked at but none that would be capable of supplying enough water to the city. At that time the city look at building the water treatment plant and continuing to use Flower Creek as the sole water source Mr. Jones explained.

Mr. Jones talked about ways to rehab the existing dam, with grouting and a thin veneer on the downstream face. There was discussion on whether this would work and extensive studies and testing would have to be done. This option would have an estimated lifespan of 25 years and would cost $1,895,000.  Replace existing structure with a thin arch shaped dam. This type of dam requires more complex design and construction. It would have a lifespan 75-100 years and cost $4,400,000.  Replace existing structure with a Roller Compacted concrete structure. This would be less complicated to design and build. It would have a higher factor of safety, but would use more materials and be more costly. Lifespan of 75-100 years, and cost $5,600,000.  Another option would be to have a pumping station on the Kootenai River, but because of the unforeseen issues with our existing infrastructure, running a main line from the river to the treatment plant could be very expensive, plus the O&M costs. Electricity alone could run $200,000 a year for the pumps. Lifespan of the pumps would be 20 years and cost $7,550,000. Also if the city did choose to use the Kootenai River as an alternative, we would have to take Flower Creek dam down and remove it. There would be considerable costs involved, in doing this, Mr. Jones explained.  The last option that was proposed by Mr. Jones was an Emergency Alternative. They would drop the reservoir to 50 acre feet and remove the top portion of the dam to take away the threat of a failure. This would be a short term solution and water would have to be carefully managed. There was some discussion on the removing of the upper part of the dam and could the city get by with 50 acre feet of water? Mrs. William asked if 50 acre feet were too little and 250 acre feet a lot, would a smaller dam be feasible Mr. Jones mentioned that you probably would want to keep the existing amount at the reservoir that we have now. Mayor Roll stated that we might even want to increase the capacity if we are looking at hydro power. Mr. Jones agreed, saying that more capacity would generate more hydro power and that if you are going to go through the expense of building a new dam, that incorporating hydro power only makes sense. Mayor Roll mentioned that with FEC showing a lot of interest in buying hydro power and helping to possibly pay for part of the construction, that we should pursue implementing hydro power into the project.

Finally, Mr. Jones made a recommendation that they feel (Morrison and Maierle Inc.) would be best for the city, replacement of Flower Creek dam either with the Thin Arch structure or the RCC structure. This would be the city’s best option for long term, he explained. Mr. Jones also brought up the fact that it would take at least a year to do all the geo technical studies before we could go to design of a new dam. Therefore, the city could go to bid in early 2013 with construction starting later that same year.

Mr. Bischoff asked if the costs that were presented also included demolition of the existing dam. Mr. Jones stated that it did include demolition. Discussion followed concerning if the new dam would be built in the same place as the old one or further down stream. Also the issue of storage was brought up if they have to remove the dam and build the new one in its place. This would all be worked out in the design plans for the new dam Mr. Jones explained.  Ms. Benson made the comment that she would not like to spend 2 million dollars if it was not going to fix the problem and have the same issues 20 years down the road. She feels the city should take care of the problem now and be done with it.  Mayor Roll brought up to the council that safety of the citizens of Libby is paramount and that replacement of the dam is really the only option we have. Mr. Jones said,  the DNRC would probably not relicense the dam if we did nothing but by showing that we are moving forward with replacement, they would possibly work with the city on granting an extension.  With replacement of the dam the real issue now becomes funding. We are looking at all the funding agencies, Mr. Jones said and that we will need to get the congressional delegation involved also.  Mayor Roll asked if the early warning system was still on the Governors’ desk. Mr. Jones said yes. Ms. Williams asked if the city could get funding in stages of the project. Mr. Jones said he was not sure and that some agencies will not reimburse work that is already done. “But I can’t image you being able to find funding for the whole project” Mr. Jones said. Mr. Orr asked if FEC would be a potential funding partner. Mr. Jones stated that possibly they would and during meetings with them they have shown a lot of interest in the project. FEC is currently partnering with the City of Whitefish, and would do something similar with the City of Libby on hydro power generation.  Mayor Roll then asked what we need to do now to move forward. Mr. Jones said that he would have to put together a task order of the scope of work in order to proceed. Discussion followed and Mayor Roll said that we should have a formal resolution put together for the congressional delegation explaining our situation on health and safety. Mayor Roll then asked for a motion on moving forward with the task order on the scope of work for the dam. Ms. William made the motion to put together a task order, seconded by Mr. Bischoff. Discussion followed by Mr. Orr asking if the DNRC put their words in writing that they would not permit the dam in 2015. Mr. Hammons mentioned an e-mail he had received stating that the DNRC was concerned about the condition of the dam and that the city should move forward with repairs or replacement. Mr. Jones said he could contact DNRC and see if they would put it in writing. He mentioned that they were extremely uncomfortable with the situation and would not commit to any decision on dam replacement. The vote was taken and passed unanimously in favor of moving forward with the task order. Discussion followed after the vote on the resolution to the congregational delegation and also on the early warning system. Mr. Jones hoped to hear back from the DNRC soon on where they were at with the letter to the Governor about the funding for the early warning system. Mr. Jones would let the city know as soon as he heard anything on the emergency letter.

Mayor Roll closed the meeting at 6:25 pm.

______________________                  Attest;        ________________________

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



APPROVED

THE 1346th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MARCH 21, 2011 @ 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, Mr. Orr, Mrs. Desch and Mr. Bischoff were present. City Administrator Jim Hammons, City Attorney Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.  Mrs. Lawrence and Mrs. Benson were absent.

Prayer was offered by Robert Mast of the Eagle Valley Community Church.

Mr. Orr made a motion to approve the minutes from Regular Meeting March 7, 2011, Special Executive Meeting March 8, 2011 and Special Meeting March 8, 2011.
Mr. Bischoff seconded the motion.
Mr. Orr made an amendment to the motion to approve minutes from March 7, 2011 and to withhold the minutes of March 8, 2011 Special Executive Meeting until the review of the recording could be done.
Mrs. Williams seconded the amended motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll announced that next Monday a 6:00pm they would have the Judicial/Law Enforcement Workshop for council.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Finance; Clerk Hook reported that she had finished reconciling for February 2011.

Water/Sewer; None

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None         

UNFINISHED BUSINESS

None

NEW BUSINESS

Bob DeBorde of the Libby Park District Board talked to the mayor and council about help that they might be able to provide the City concerning the River Front Park Project.  Mr. DeBorde commented that the Libby Park District Board is willing to help where they can.  Mr. DeBorde stated that what they normally do is when the project gets into the latter stages of planning or it’s started they look at it to see how they could contribute.  Mr. DeBorde stated that the Park Board appreciated being brought on board with this as early as possible.

Preliminary Plat Extension for Westland Amended Lot 5 Subdivision;  Kristen Smith Lincoln County Planning Director, spoke to the council and mayor about a 1 year extension for the Westland Amended Lot 5.
Mr. Bischoff made a motion to approve the 1 year Preliminary Plat Extension for Westland Amended Lot 5.
Mrs. Desch seconded the motion.
Motion Passed

Preliminary Plat Extension for Cabinet View Country Club Subdivision;  Kristen Smith Lincoln County Planning Director, spoke to the council and mayor about a 1 year extension for the Cabinet View Country Club Subdivision.  A 1 year extension would give them until October 2011 which is 1 year from the original approval date.
Mrs. Williams made a motion to approve the 1 year extension for Cabinet View Country Club Subdivision.
Mr. Bischoff seconded the motion.
Motion Passed

Dan Thede of,  Habitat for Humanity, came before the council and mayor to ask for a zoning variance for a Habitat House to be built at 1st Street Lot A.
Mr. Bischoff made a motion to approve the zoning variance at 1st Street Lot A.
Mrs. Desch seconded the motion.
Motion Passed.
Mr. Orr voted against the approval.

COUNCIL ACTION/DISCUSSION

Mayor Roll stated that he had spoken to the council about setting down and talking about what the Council wanted to do with the IP money.  Mayor Roll asked Ryan Jones of Morrison-Maierle to speak to the council.  Ryan Jones of Morrison-Maierle spoke to the council and mayor about the Executive Summary that Morrison-Maierle put together for the City concerning the Distribution System Assessment and Improvement Alternatives.  Ryan Jones stated he had been working with Jim Hammons on completion of the water system PER.  Mr. Jones stated he was here tonight to answer any questions the council and mayor may have.

City Administrator Jim Hammons handed out his report on different project that some of the International Paper money should be spent on.  Mr. Hammons stated some of the projects he felt needed to be addressed starting with the replacement of all stopped water meters, check all larger meters for correct reading per gallon, contract out for leak detection of water mains, start replacing mains per leak detection report and put in Pressure Reduction Valves when problem mains have been replaced.

Ryan Jones stated that there is an average of 74% of treated water that is unaccounted for.  Mr. Jones also stated that the Bid Summary with recommendations for the Waste Water Project will be sent out this week.

HEAR FROM THE PUBLIC

Allen Olsen of 703 Louisiana stated he thought that at the last council meeting there was a few fabrications that were told and wanted to point out a couple of them.  Mr. Olsen stated that “you are telling these people I didn’t finish my contract and I have a letter from you on July 12th cancelling the contract therefore I could not plant the trees in the fall like I was told and the other thing in here you also stated that you guys transplanted the trees in the fall and I told you guys did not and that was an untrue and I would like to pass out to the council maybe even on camera all five of the trees that I planted are exactly the same way so like I said before many untruths Mr. Roll.”  Mayor Roll answered is that DNRC asked us to wait until Spring to replant those because they felt they would have better survival rate.  Mr. Olsen stated that was the first he had heard of it.  Mr. Olsen stated that if he had not gotten the letter he would have replanted the trees.  Mayor Roll asked if Mr. Olsen had anything else.  Mr. Orr called a point of order and stated “let him speak and then ask him if anything else.  Mr. Olsen asked Mayor Roll if he was going to admit to the untruths told at the last meeting.  Mayor Roll answered no.

Kristin Smith Lincoln County Planning Director, spoke to the council and mayor stating MDT has issued an opportunity for local communities to development a community transportation safety plan and it is all incorporated so Cities are eligible.  She read a short paragraph stating the MDT is seeking letters in interest from communities wanting technical and financial assistance for developing a community transportation safety plan.  The plans will identify safety issues and  an action plan to address them.  The application deadline for submitting letters of interest is April 30th, 2011.  Mrs. Smith stated if the City was interested she would be happy to look into it further.  Mrs. Smith also mentioned that if the City needed she could offer professional evaluations and recommendations for zoning variances in the future.

ADJOURNMENT

Meeting was adjourned at 7:38pm.

April 30, 2011 | Regular Meeting

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THE 1347th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, APRIL 4, 2011 @ 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.

 

Prayer was offered by Tony Shaw of the Libby Baptist Church

 

Mr. Orr made a motion to approve the minutes from Regular Meeting March 21, 2011 and Special Executive Meeting March 8, 2011.
Mr. Bischoff seconded the motion.
Mr. Orr questioned the March 8th meeting and asked what an executive meeting was.
Mayor Roll answered that it was misnamed and should be changed to a Special Closed Meeting.
Mr. Orr made a motion to amend the minutes of March 21, 2011 stating on the third paragraph next to the last sentence where is says” Mr. Orr made an amendment to the motion to withhold the minutes of March 8, 2011 Special Executive Meeting until the review of the those minutes” to be changed to review of the recording and in the hear from the public asked that it be amended to saying Mr. Roll asked if Mr. Olsen had anything else three times.
Motion died due to lack of second.
Mrs. Williams made a motion to amend the March 21, 2011 minutes to change on paragraph three, to the recording.
Mr. Bischoff seconded the motion.
Motion Passed with Mr. Orr voting against.
Mr. Orr called for a voice vote.
Mr. Bischoff, Mrs. Desch and Mrs. Williams voted for the amendment,
Mr. Orr voted against the amendment and
Mrs. Lawrence and Mrs. Benson abstained.
Motion Passed.
Mr. Orr made a motion to amend the March 8, 2011 meeting to change it to a Special Closed Council Meeting and then would ask that his list of changes that he read be added to the minutes.
Motion died due to lack of second.
Mayor Roll said they were back to the main motion and they had a second.
Mr. Orr stated Montana Code Annotated 45-7-208 tampering with public records or information, a person commits the offense of tampering with public records if the person knowingly makes a false entry in or false alteration of any record, document blah, blah, blah and that is exactly what you guys will do if approve the minutes as they are written.
After Mrs. Benson’s question on the public having access to the minutes, Mayor Roll announced that the public would have access to the recording of the minutes.
Motion Passed.
Mr. Orr voted against approving the March 21, 2011 and the March 8, 2011 minutes and
Mrs. Lawrence abstained.

 

ANNOUNCEMENTS

 

Congratulations went out to Alice Sowa for her recent graduation from the Police Academy

 

COMMITTEE REPORTS

 

Cemetery/Parks; Mrs. Lawrence stated they have a meeting on Wednesday at noon to discuss benches for Fireman’s Park.  Mayor Roll added that they were up to over $10, 000 dollars for Fireman’s Park playground equipment.  Mrs. Benson stated that it was $10,525.  Mayor Roll suggested to council that they try to get the playground equipment in before the Fire Departments 100th anniversary celebration in July and that the budget be looked into for the remaining cost of the playground equipment.  Mayor Roll put it in committee for a recommendation at the next council meeting.  Mr. Orr asked how much the equipment was going to cost.  Mrs. Benson stated there were several contributors pending and stated that if they order the two pieces it was only $20,900.

 

Fire; Chief Wood stated there was nothing of significance to report.  Chief Wood stated they got a grant from the power company to do the lights at the Fire Hall and was trying to get a new Heat Pump system in the Fire Department meeting hall.

 

Resolutions/Ordinances; None

 

Personnel; Mr. Bischoff stated the Personnel Committee has a meeting scheduled tomorrow at noon.

 

Building; None

 

Water/Sewer; Mayor Roll stated it has been brought up again that Stimson still has an outstanding water bill.  Mayor Roll stated that he would like to have the Water/Sewer Committee look into this.

 

Budget/Finance; None

 

Police; None

 

Lights/Streets/Sidewalks; Mrs. Desch stated that they were planning on checking the bike route out to see what they think.

 

City Administrators Report; Administrators report was put in council packets.  Mayor Roll stated that Jim Hammons City Administrator was in the process of getting bids on the alley in question.

 

Finance; Clerk Hook stated she had handed out a revised Resolution #1772 and calculations to show what the total amount of the Waste-Water increase should be.  Mr. Orr asked if there were any changes in the resolution.  Clerk Hook stated that the only changes were in the amount of increase for Waste-Water.

 

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

 

Gordon Sullivan of PO Box 718 Libby was concerned about the March 8th meeting.  Mr. Sullivan stated the City Attorney deemed it was closed improperly.  Mr. Sullivan stated the public never got a chance to hear Alan Payne or the council discussions about the access to OU1 or anything else that went on and wanted to know what the status of the decisions the council made after that meeting were. Mr. Sullivan stated the city provided a request to the EPA for an extension and stated it should have been done in transparency to the public.  Mr. Sullivan wanted to know officially, what is the status of the decisions that this council made after that improper meeting and asked the City Attorney how to do that.  City Attorney Jim Reintsma answered that he could file suit if he wanted but any votes or decisions that were made during the improper meeting could be held to be void.  Mr. Reintsma also stated he did not believe that there were any decisions made during the closed meeting.  Mr. Sullivan disagreed and asked that the minutes be kept in perpetuity as long as possible.  Mr. Sullivan requested those minutes to be available for challenge in the future.   Mr. Reintsma stated the minutes (as recorded) were available to the public.  Mr. Sullivan stated his question was not about the minutes of the meeting but that his question was about decisions that were made as a result of the information that was transmitted in the meeting and asked if that was clear.  Mr. Reintsma stated he did not recall that there was any decisions in that closed session.  Mr. Reintsma went on to say the council came out here and had their discussions with the public and decided to make a request to the EPA for an extension.  Mr. Sullivan asked if the only remedy was to file suit.  Mr. Reintsma stated the remedy for an improperly closed meeting is to publish the minutes.  Mr. Orr stated that we doctored the minutes tonight in his humble opinion.  Mr. Sullivan asked for the recording of the meeting “minutes” to be retained.
Mr. Bischoff made a motion to make a special circumstance and have a copy of the recorded meeting made for Mr. Sullivan.
Mr. Orr seconded the motion.
Motion Passed.

 

UNFINISHED BUSINESS

 

Sprinkling and Lighting Assessments;  Mayor Roll stated he thought the way the assessments were done was a awful expensive way and he would like to put the Sprinkling and Lighting Assessments in the building committee to see if there could be a way to make it more fair on  undeveloped land.

 

IP Project recommendation approval;
Mrs. Williams made a motion to approve using IP money for meter (nonworking) replacement and leak detection.
Mrs. Desch seconded the motion.
Mrs. Lawrence asked if the city was planning on hiring out the replacement of the broken meters.
The Mayor stated yes and they would be trying to hire out locally.
Motion Passed

 

Mt. Float Loan, approval to proceed with CPA, Melissa Beck;
Mr. Orr made a motion for Melissa Beck, CPA to proceed with the Mt. Float Loan books.
Mr. Bischoff seconded the motion.
Mr. Orr made an amendment to the motion to include a cap of not more than $3000 to be paid for Melissa Beck’s services without further council approval.
Mr. Bischoff seconded the motion.
Motion Passed.
The first motion was then passed by council.

 

NEW BUSINESS

 

Policy change concerning timecards; Jim Hammons explained the needed change to the Policy Manual concerning timecards that would put more responsibility on the employees with the approval of the supervisor.
Mr. Bischoff made a motion to approve the change.
Mrs. Williams seconded.
Mr. Orr asked Mr. Hammons if that was brought to him by a supervisor or an employee.
Mr. Hammons stated that it was by an employee and the union and that the union was in approval.
Motion Passed

 

Variance, Georgia Bothman, Day Care; Mrs. Bothman explained to the council that she would like permission to run a day care out of her home.
Mr. Orr made a motion to approve a variance for Georgia Bothman of 103 W Poplar St. Libby, to run a day care out of her home with the stipulations that if Georgia sold the property or moved to a different location the variance would not transfer.
Mrs. Lawrence seconded the motion.
Motion Passed

 

Resolution # 1772, Resolution of Intent to increase sewer base rates;
Mr. Bischoff made a motion to approve the Resolution of Intent to increase sewer base rates # 1772.
Mrs. Williams seconded the motion.
Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff to approved the resolution.
Motion Passed

 

Resolution # 1773, to award contract for the Phase 1 Wastewater Treatment Plant Improvements Project;
Mrs. Williams made a motion to approve Resolution # 1773 awarding the contract for Phase 1 of the Wastewater Treatment Plant Improvements Project to Shannon Industrial Contractors, Inc. of Coeur D’Alene, Idaho in the amount of $793,220.00.
Mrs. Lawrence seconded the motion.
Motion Passed

 

COUNCIL ACTION/DISCUSSION

 

HEAR FROM THE PUBLIC

 

Approval of Payroll and Claims for March 2011;
Mrs. Williams made a motion to approve payroll and claims for March 2011.
Mrs. Lawrence seconded the motion.
Motion Passed

 

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

 

Approval to pay Water Distribution invoices from Morrison-Maierle;
Mrs. Lawrence made a motion to pay Morrison-Maierle out of the IP Funds.
Mrs. Benson seconded the motion.
Motion Passed

 

ADJOURNMENT

 

Meeting was adjourned at 7:55pm.

 

 



APPROVED

SPECIAL COUNCIL THURSDAY, APRIL 7, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS AT CITY HALL

Mayor Doug Roll opened the meeting at 5:30 pm. In attendance were Mr. Bischoff, Mr. Orr, Mrs. Williams, Mrs. Desch, Mrs. Benson, Mrs. Lawrence, City Administrator Jim Hammons, County Planner Kristin Smith and FW&P Mike Hensler.

On the phone was Melissa Matassa-Stone, with WGM Group, Brian Lutz of Streetscapes, and Attorney Allan Payne.

Mayor Roll asked Melissa Matassa-Stone from WGM Group to start with her presentation on the conceptual plans for OU-1. Before Mrs. Stone started, Mr. Hammons asked if Mr. Hensler could go first and explain the options for the boat ramps. Mr. Hensler explained some of the issues with the boat ramps on the fast moving water and the difficulty of being able to maneuver boats, rafts and canoes into the landing. Mr. Hensler also described how to place large rocks into the river up-stream from the boat ramp at a 30 degree angle and how this will  help prevent erosion around the ramps. He talked about how FW&P are using pour in place slabs and sliding them into place for their ramps. They can also use the “Lock mat” style ramps in conjunction, with the slabs. Osprey Landing is an example of this type of boat ramp. This type of ramp would be contracted out as they are more difficult to build. He also said that we would not be able to do it this year due to the high flows. Lower flows are generally in the late winter months. Mr. Hensler brought up the permit process if the city applies for the permit which will be through his office.  If the EPA does the work it will be a lot simpler for the city. If they do it as our agent, the city still has to apply for the permit. Mr. Hensler said he would work with the city in the coming year on this project and mentioned that they have had fairly good luck working with the EPA. There was some discussion on which ramp was to be worked on and what needed to be done to it. There was some concern with the slide in slab type of ramp due to the excavating of the area where the ramp would be placed. Mr. Hensler said it would be better for the city if this was 100% the EPA’s project. There was the issue with the up-stream ramp being too close to the river pump. Mr. Orr commented that there was plenty of room for the erosion barrier to be placed up-stream from the ramp. Mr. Hensler said he would find some schematics of ramps and send them to the city and he was willing to work with us in the future on this project.

Mayor Roll then turned the meeting over to Melissa to talk about the OU-1 plans. She said she has been collecting data from all the different agencies (City County MDT) and found good topo mapping so no survey crew will be needed. MDT right of way was larger than first thought. She checked with the County about flood plan issues. Melissa commented that from the information gathered, there were no “Red Flags” and put together the proposals that she had sent to the city to look over. Mayor Roll asked what the difference was between option #1 and option #2. There is a “Round about” in option #1 at the T intersection, Melissa explained. Mayor Roll explained the issue with heavy truck traffic and that a round about would not be an option. Bruce Lutz commented that it is a means of slowing down traffic coming down the hill. The other option did not have this feature because of the sharpness to the curve.

Mr. Orr asked if there is any hope of moving the approach or are we wasting time. Mayor Roll explained that there was hope but we never had an alternative to not moving it and it was always the plan to try and move the approach. The cost of moving the approach would be another issue. Melissa talked about the option of moving the approach, as a safety issue, with the guard rail looking at the bridge, blocking the view of traffic. Mayor Roll commented that the approach already exists and that the State would have to address this issue. Mayor Roll asked Mr. Hammons to contact the State to see if they could take a look at the guard rail and what could be done with it on their end. The Mayor also explained that we haven’t even decided which plan we are going to choose.  Mrs. Lawrence wanted to know what the cost would be. Mayor Roll said that the option of not moving the approach would be less expensive. Mr. Orr said an engineer named Frank Votapka estimated it would take 11,000 yards of fill to build a new approach. Melissa said she had not put any numbers on what the cost would be to move the approach, compared to using the existing one. Mr. Lutz brought up the issue of how much of the existing approach is usable and how much would have to be disposed of. There was some discussion about parking and how it was tucked away from the main part of the park. The river pump water trucks could use this area to fill up instead of the boat ramp area. Mr. Lutz said he had some concerns with the old approach and how it would split the park in two, but he felt that this new design worked well with the major body of the park.

Irrigation was mentioned, as for where to take the water from the city or river. Mayor Roll said that there is 70 PSI at the park and we have an existing water system near the pavilion.

Storm drainage is another issue that Melissa brought up. She would like to treat the water on site. Mr. Orr asked if these drainage areas would be abrupt. Melissa said they would not. Mr. Orr then mentioned digging down in these areas and putting material that would drain. Melissa said that would be a good idea to do that.

Mrs. Lawrence mention that she would like to have trees around the main body of the park and to have the area dug and soil in place for planting. She was also concerned about the soils that were to be put back, and would like Mr. Lutz to look at the soil that they use. Mr. Lutz mentioned maybe doing some mixing with the common fill to get a better soil. There was discussion about the leaves we pickup and also the possibility of using sludge and mixing it for compost. This is something the city is looking into doing more of in the future. Mrs. Lawrence then talked about the EPA removing the remaining trees along the highway and the approach.   She would like to see them replaced with native type vegetation that grows in this area, that would also promote bird habitat.

Mrs. Benson had asked what the, total number of parking spaces are in the design. Melissa thought about 120. Mr. Lutz said he would put together some information on the number of parking spaces a park our size should have. Melissa asked the council if there was anything else that she needed to address. Mayor Roll said that this park would have to be done in phases. The big issue is money and we want to see how much we can do this year. The irrigation system was brought up and keeping the park green as also mentioned. Mr. Lutz said that he would help look into new technology for watering the park.  He mentioned a system that could be added as we go and that it uses decoders instead of wiring. Mrs. Lawrence said that we could get a grant from the DNRC for the irrigation and the trees if we get the corridors in place.

Mr. Orr asked if we go with the existing approach, would EPA remove the spur. Mayor Roll said that they are going to remove the spur because it is contaminated. Mr. Orr said that we would be capping the spur and may get some money in return. The Mayor said that is an idea and if we could cap it and use it, that would be fine. The Mayor also said that once we have engineered plans as to where roads and parking lots are to be, that maybe we could cap those areas cheaper with gravel, than it would be to scrape and fill the area.

The Mayor asked Melissa if we had any engineered plans, that we could give to EPA with an idea of where the roads and utility corridors will be. Melissa said that they will have the plans pretty well worked out once the council has an option they want to use. The council was in agreement, with the new design, using the existing approach. Melissa said that they will have a design to the EPA with some rough grade and where all the utility corridors, roads and parking lots are to be, by Monday’s meeting.

Mayor Roll asked Melissa to leave off the road extension by the rail spur. He would like the road to sweep around to connect with the existing City Service Road because we don’t know when this road will ever get built.

Melissa and Mr. Lutz said they would be in town on Monday about 1:30 pm.

Allan Payne asked would the EPA still be in town Monday if the Government shuts down.  The Mayor said yes, that they still plan to be here but if something changes he would let everyone know.

Meeting ended at 6:27 pm.

THE 1348th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, APRIL 18, 2011 @ 7:00 PM IN THE COUNCIL CHAMBERS

 

CALL TO ORDER

 

The meeting was called to order at 7:01 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 Phillip Coblentz.

 

Mrs. Lawrence made a motion to approve Council minutes from April 4, 2011 Regular Meeting and April 7, 2011 Special Meeting.
Mrs. Williams seconded the motion.
Motion Passed

 

ANNOUNCEMENTS

 

Mayor Roll announced that the Breakfast meetings would change to Henry’s starting Wednesday, April 27, 2011.  Mayor Roll also announced a visitor from Haiti, pastor Stemio Capre.

 

COMMITTEE REPORTS

 

Cemetery/Parks; Mrs. Williams reported several recommendations from the Cemetery/Parks committee.  The first recommendation was for the Fred Brown Pavilion, to not refund the $50 for the rent of the pavilion unless cancelations are made at least seven days prior to the reserved date.  The second recommendation for the Fred Brown Pavilion was to erect some means of signage to mark the pavilion as reserved for a specific date.  The recommendations for Fireman’s Park Campground Host included cleaning the restrooms and dump station twice a day, cleaning the splash pad daily and locking and unlocking the splash pad gate.  It was also recommended to charge a $10.00 a day fee for all campers at the Fireman’s Park.

 

Mrs. Lawrence added that a sales representative from Dakota Fence would be in Libby next Tuesday to look at the proposed playground project at Fireman’s Park.

 

Fire; None

 

Resolutions/Ordinances; None

 

Personnel; None

 

Building; Mrs. Lawrence stated they started doing a little research on the issue of the annexation of undeveloped land but they have not had a meeting yet.

 

Water/Sewer; Mrs. Benson stated there would be a pre-construction meeting with Shannon Industrial at noon on May 4th and that Shannon Industrial plans to start work on the waste water plant on Saturday, May 9th.  Mrs. Benson also reported there is Water/Sewer Committee Meeting on Thursday at noon @ City Hall pertaining to a water bill.

 

Budget/Finance; None

 

Police; None

 

Lights/Streets/Sidewalks; Mrs. Desch stated they were going to have a meeting with Ryan of Morrison-Maierle about the alley behind Western News on Thursday, April 21st at 11.00am.  The following Thursday, April 28th at 9:00am a group will get together for a meeting at the Chamber and they are going to ride the bike route to see what they think.

 

City Administrators Report; None

 

Finance; Clerk Hook stated she had reconciled for March 2011.  Mrs. Hook said she had copies of the 2010 audit if anyone wanted to look at them and that the audit exit meeting would be during the latter half of May and she would let the council know as soon as she had a date from the auditor.  Mrs. Hook also stated that an invoice came in from WGM Group and asked council to think about where to pay them out of.  Mrs. Hook said she would put it on the next agenda and send copies of the invoice out in the packets to the council.  Mr. Orr asked how much the bill was for.  Mrs. Hook stated it was for $11,271.28.

 

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

 

Trent Oelberg of 5543 Kootenai River Road, Libby spoke to the council about the Blues Festival scheduled for August 12th & 13th, 2011 at the River Front Park and was concerned about whether the clean-up would be done in time to have the festival.  Mr. Oelberg stated he talked to EPA and they told him that as long as they stayed on the east side of the road it should not be a problem.    Mayor Roll stated that clean-up has not started and he did not know about the parking.  Mr. Oelberg stated they have made arrangements to bus people from J. Neils Park to River Front Park if needed.

 

Kevin Lindgren of 67 Albert Way, Libby who was representing the Search and Rescue asked the council for clarification on the new road planned for the River Front Park and wanted to know if the council was planning on some kind of boundary fence or was it going to be an open area adjacent to their parking lot.  Mayor Roll stated they haven’t gotten that far yet but thought that Search and Rescue would be able to use the road for backing onto.  Mr. Lindgren stated it would be ideal for them.  Mr. Lindgren also asked if the gazebo was still going to be moved into the middle or was it still going to be in the corner.  Mayor Roll stated that it was kind of up in the air and as far as the gazebo goes it would probably be down the road quite  awhile before they decided.  Mr. Lindgren stated the only concern would be emergency situations if there was an overflow of people and traffic.  Mayor Roll stated they would work with Search and Rescue on access and emergency situations.

 

UNFINISHED BUSINESS

 

None

 

NEW BUSINESS

 

Resolution # 1774 to approve a transfer from fund 2386 to fund 5210 for the use of IP money to pay for Morrison-Maierle invoices pertaining to the Flower Creek Dam and Water Distribution.
Mrs. Benson made a motion to approve Resolution # 1774.
Mrs. Lawrence seconded the motion.
Motion Passed

 

Approval of River Front Park Plan;
Mrs. Williams made a motion to approve the most currant park plan with the changes that have been made.
Mr. Bischoff seconded the motion.
Mrs. Lawrence was concerned with the walking path that goes by the picnic tables and thought that the path may need to be changed.  It was discussed that the trails could be talked about and changes made in the future.
Motion Passed

 

COUNCIL ACTION/DISCUSSION

 

None

 

HEAR FROM THE PUBLIC

 

None

 

ADJOURNMENT

 

Meeting was adjourned at 7:55pm.

 

May 19, 2011 | Public Hearing

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PUBLIC HEARING MONDAY, MAY 2, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:02pm and led the pledge of allegiance.

This Public Hearing was for public comment on the proposed Waste Water Base Rate increase to $26.63 for the purpose of collecting sufficient revenues to repay the Bond that is necessary to fund the Waste Water Plant Improvement Project.

Harry Whalen of Montana Rural Water explained the needed increase to the Waste Water Base rates for the Waste Water Plant Improvement Project to the council.

There was no Public present for comment.

Meeting adjourned at 6:15pm.

_________________________                      Attest; ______________________________

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



APPROVED

THE 1349th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 2, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:01 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.

Prayer was offered by Steve Benson of the Christ Lutheran church

Mr. Orr  made a motion to approve the minutes from the Regular Meeting on April 18, 2011, Special Meeting on April 11, 2011 and the Public Hearing on April 25, 2011.
Mrs. Desch seconded the motion.
Mrs. Lawrence wanted to discuss the minutes for the special meeting with EPA on April 11, 2011 and commented that she felt the minutes were too long.  Mrs. Lawrence stated she went on-line and reviewed minutes from Whitefish, Columbia Falls and Polson.  Mrs. Lawrence stated there is a lot of flexibility in what is put into the minutes and wanted to know what the council would like to do. Mr. Bischoff agreed with Mrs. Lawrence.  Mr. Orr asked if there was a way to save the recording of the minutes especially with EPA Meetings, because he felt everything needed to be documented concerning the EPA.   Mr. Orr stated personally he felt these were the best minutes we have ever had.  Mayor Roll stated if the council had particular recordings they would like to keep that he would like to see the council request them to be kept and maybe put on a CD.  The Mayor also stated that the minutes did get overly long and like Mr. Bischoff mentioned it is really hard without going back to remember that exactly was stated during the meeting.  The Mayor stated we need a policy on what the council would like to see in the minutes.  Mayor Roll state he would like to put it into committee and asked for volunteers from the council.  Mr. Orr and Mr. Bischoff stated they would volunteer.
Mrs. Lawrence made a motion to amend the minutes from April 18, 2011 replacing “Mrs. Lawrence added that they had a gentleman from North Dakota that was going to help with the playground equipment and that he would be here next week to look at the project” with “Mrs. Lawrence added that a sales representative from Dakota fence would be in Libby Tuesday to look at the proposed playground project at fireman’s Park” in the second paragraph of the Cemetery/Parks report.
Mr. Bischoff seconded the motion.
Motion Passed.
Mr. Orr voted against the amendment.
The motion to approve the minutes also passed.

ANNOUNCEMENTS

Mayor Roll announced the Audit Exit Conference on Wednesday, May 4, 2011 @ 5:30pm in the Council Chambers.  Mayor Roll also announced a Public Hearing Tuesday, May 3, 2011at 5:30pm in the Council Chambers.  The Mayor announced that Clerk Hook would be gone the next week for training in Billings and himself, Council Member Robin Benson and City Attorney Jim Reintsma would be gone Wednesday through Friday of the next week for the Elected Officials and Attorney’s Workshop in Billings. Mayor Roll stated the back parking lot lights at City Hall were now working.  Mayor Roll announced that the County has been raising funds to fund a DNA grizzly bear analysis to help with the Montanore Mine Project and stated unless someone had an objection he would like to donate $100.00 or so from the City.  Mayor Roll also asked businesses or anyone else to donate toward the grizzly bear study and stated he was going to donate also.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated they had a meeting concerning the sprinkler systems around town and discussed how to get the sprinklers up in the Spring and maintaining them.  One of the short term solutions is hiring a contractor to work on the sprinkler systems and the other solution was that Jim Hammons is putting together a job description to try and find a dedicated employee and calculate what it would cost  for the long term. Mrs. Williams stated it would be a temporary summer employee.

Mrs. Benson stated the City has twelve funders for the playground equipment at Fireman’s Park for a total of $13,625.  Mrs. Benson stated the total cost of the project is $20,900 which leaves a difference of $7,275 and there is still a few grants pending.  Mrs. Benson stated that if we want to put this in and have it installed by the Fireman’s 100 year celebration, we need to order now.  Mrs. Benson stated there is adequate  room at the site for all the equipment and she has asked Meadow Lark Log Homes to look at the equipment that is already there to see what can be done to refurbish it.  Mrs. Lawrence stated there may be a little more time before we have to order the equipment.  Mayor Roll stated he would put it on the next agenda for a decision on the Playground Equipment at Fireman’s Park.

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson reported that there was a Water System Evaluation Public Meeting presented by Ryan Jones of Morrison/Maierle on April 25, 2011 and only one person from the public attended and there were no comments.  Mrs. Benson also stated that the City of Libby received two bids for the meter replacement project.  Marozzo Plumbing and Heating was awarded the bid at $45 per meter and that approximately 100 to 120 meters would be affected.  The city will provide the meters.

Budget/Finance; None

Police; Police Chief Smith stated they were down for the month of April with  229 case reports with the average being 300, there were 24 arrests with the average being in the 40’s and  23 citations issued.  Chief Smith also reported that the EPA is coming to Libby for open meetings and they have been asked to provide assistance with security.

Lights/Streets/Sidewalks; Mrs. Desch stated herself, Vicky and Susie Rice rode the bike route and  they came up with how many signs are needed.  Mrs. Desch stated they needed to check into funding.  Mrs. Desch stated they are still working on the alley behind Western news.

City Administrators Report; Jim Hammons mentioned the lights in the back parking lot at City Hall are working as the Mayor announced and that the walk through for Cabinet Heights was going to be on the 10th.

Finance; City Clerk Glena Hook stated she had copies of the 2010 Audit if any of the Council Members wanted to look at one.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

None

NEW BUSINESS

Parks Committee recommendations; The recommendations for the Fred Brown Pavilion was that the $50 fee for the pavilion use not be refunded unless the renting party cancels the contract seven days prior to the reserved date and that there be some means of signage to mark the pavilion as reserved for a specific date.  The recommendations for the Fireman’s Park were the Camp Host to clean the restrooms and dump station twice daily and clean the splash pad daily and lock and unlock the splash pad gate at determined times.  Also it was recommended that the cost for camping sites at the Fireman’s Park be $10 per day for tents or RVs.
Mr. Bischoff made a motion to approve the Parks Committee recommendations.
Mrs. Lawrence seconded the motion.
Motion Passed

The Insurance Committee was not ready to make a recommendation.

WGM billing;
Mrs. Lawrence made a motion to pay WGM out of ED funds to be reimbursed back to the ED fund either partially or fully  depending on the amount provided for Engineering from EPA when the restoration funds from EPA  are received.
Mr. Bischoff seconded the motion.
Motion Passed

Permission to write off remaining water bill after 50% received from the Collection Bureau;
Mrs. Lawrence made a motion to write off the remaining balance of the water bill in question.
Mrs. Williams seconded the motion.
Motion Passed

Resolution #1775 to increase waste water base rate to $26.63;
Mrs. Williams made a motion to approved Resolution #1775.
Mr. Bischoff seconded the motion.
There was a roll call vote with Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff voting  in favor of the approval.
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. Lawrence seconded the motion.
Motion Passed

Approval of Payroll and Claims for April 2011;
Mrs. Benson made a motion to approve payroll and claims for April 2011.
Mrs. Lawrence seconded the motion.
Mr. Orr commented that he noticed $400 was spent in Bonners Ferry for trees and stated we get in trouble every time we do that.  Mr. Orr said, ” if we are going to have some policy changes around here I think we need to set some policy for how that tree money is spent”.  Mr. Orr felt it is wrong to spend the money out of state and stated he would not approve that bill.  Mr. Orr asked what is the policy and procedure for a setting council person spending city money.  Mayor Roll stated it was tree board money and policy has been that if a local business can stay within 10% of a non-local bid that the local business be used.  Mrs. Lawrence stated the $400 was for replacement trees on Mineral and they came from Idaho originally.  Mr. Orr asked does that mean they have to come from Idaho.  Mrs. Lawrence answered no and stated she tried to get them from the original nursery and they didn’t have  the right trees  and they recommended this nursery.
Motion Passed

HEAR FROM THE PUBLIC

Allen Olsen of 703 Louisiana avenue; Mr. Olsen stated you talk about wanting people to donate for a grizzly bear study for three years and you continuously let somebody that doesn’t know anything, if she did such a wonderful job last year administering the grant why didn’t she at least buy them from the feed store.  She never went to any nursery again in Libby Montana.  I don’t know why you are doing what you are doing and I don’t know who has been vandalizing trees on the upper side of Louisiana but someone has been butchering them horribly and that is all I got to say.

Kristin Smith, County Planning Director, spoke to the council about the Neighbor Stabilization Program Grant she is working on.  Kristin stated she had sent out a packet of information concerning the grant to the council earlier.  Kristin stated that the Neighborhood Stabilization Program is to help with foreclosures and keep home ownership available.  Kristin stated she sent the grant information out last week.  She stated because of the high unemployment rate Libby would score very well.  She stated this would allow for 1st time home buyers with low income to buy a house at an attainable rate.   Mrs. Benson asked if there was any match on the grant.  Kristin answered there was no match.  The council asked some questions about the grant and had a discussion with Mrs. Smith.  Kristin Smith announced there would be a Public Hearing tomorrow night. 

ADJOURNMENT

Meeting was adjourned at7:48 pm.

_________________________                      Attest; ______________________________

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



APPROVED

PUBLIC HEARING TUESDAY, MAY 3, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 5:30pm.

Bill Bischoff and Barb Desch were present.

Kristin Smith, County Planning Director spoke to the council about the Neighborhood Stabilization Program Grant she is working on.

There was no public comment.

Meeting was adjourned.

_________________________                      Attest; ______________________________

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



       APPROVED           

SPECIAL COUNCIL MEETING MAY 10, 2011 @ 5:45pm AT HENRY’S RESTAURANT

The meeting was opened at 5:45pm.  It was determined that there was no quorum.  Meeting was recessed until May 11, 2011 @ 7:00am at Henry’s Restaurant.

_________________________                      Attest; ______________________________

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



APPROVED   

RECONVENED SPECIAL COUNCIL MEETING MAY 11, 2011 @ 7:00AM AT HENRY’S RESTAURANT

Council members present were Mr. Bischoff, Mrs. Desch, Mrs. Williams, Mrs. Benson, Mr. Orr and Mrs. Lawrence.  Mayor Roll was absent. Kristin Smith was also present.

The purpose of the meeting was to make a decision on a proposed resolution authorizing an application for a grant for neighborhood stabilization.  There had not been a quorum at the previous evening’s meeting.

There was some discussion concerning the pros and cons of such a project. Mr. Orr raised the issue of the legality of such a meeting.  Mr. Bischoff explained that the meeting had been recessed the previous evening because there was not a quorum and was reconvened today to finalize a decision.  Mr. Orr continued to dispute the legality of the meeting and threatened to sue if a decision was made.

Mr. Bischoff stated that perhaps the need to make a decision by May 13 did not give council adequate time to study the issue.  There was no vote taken and the resolution failed.

_________________________                      Attest; ______________________________

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



APPROVED

THE 1350th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, MAY 16, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:01 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.

Prayer was offered by Robert Mast of the Amish Church.

Mr. Orr made motion to approve the minutes from the Regular Meeting on May 2, 2011, Public Hearing on May 2, 2011 and the Public Hearing on May 3, 2011.
Mr. Bischoff seconded the motion.
Mr. Orr said that on the Monday May 2nd meeting Bill Bischoff also volunteered to be on the committee to recommend a policy for the taking of minutes.
Mr. Orr made a motion to add Bill Bischoff to the volunteers to recommend a policy for the taking of minutes.
Mrs. Lawrence seconded the motion.
Motion Passed on the addition.
Motion Passed on the Minutes.

ANNOUNCEMENTS

Mayor Roll announced that Glena, Robin, Jim Reintsma and himself attended the workshop in billings this last week. Mayor Roll also announced that everyone was working and keeping an eye on the possibility of flooding.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; None

Personnel; Mayor Roll stated that Dan Williams quit the City Street Department and Brandon Littrell quit the Police Department.  Darren Short has been hired by the Police Department and the Street Department position is being advertised for.

Building; None

Water/Sewer; Mrs. Lawrence stated that the recommendation on the Port Authority water bill is to forgive all but $3,500 of the bill.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; Mrs. Desch announced that Wednesday morning at 8:00am  they would be having another meeting to discuss the alley between 4th and 3rd.

City Administrators Report; Mr. Hammons stated he had talked to Bruce Rubin out of Kalispell (the gentleman with the leak detector company).  Mr. Rubin is going to send a letter stated they won’t be able to do anything with the City of Libby until sometime late July or early August because most of his company is down in the Midwest where the tornados are.  Mr. Hammons stated he put together a service agreement with Marozzo Plumbing and Heating for the replacement of the water meters.

Finance; City Clerk Glena Hook stated she had purchased two copies of the of  The Montana Municipal Officials Handbook and they were available to the council and Mayor.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Alan Olsen wanted to know if the people delivering the playground equipment had a Business License.  Mayor Roll answered that he did not know yet and they haven’t decided if they were going to do it or not yet.

UNFINISHED BUSINESS

None 

NEW BUSINESS 

Decision on Playground Equipment at Fireman’s Park; Mrs. Benson gave a report on the

Fireman’s Park Playground Equipment stated that we have received another $2,000 in grants bringing the total still needed for the playground equipment to $3,925.
Mr. Bischoff made a motion to fund up to $3,925 out of the City’s budget.
Mrs. Desch seconded the motion.
Mr. Orr asked what fund it will come out of.
Mayor Roll answered the parks budget.
Motion Passed

Relay for Life, Fireworks Variance;   Relay for Life decided not to ask for variance.

COUNCIL ACTION/DISCUSSION

Rural development Draw # 1 approval; Mrs. Benson made a motion to approve draw #1.  Mr. Orr seconded the motion.  Motion Passed

Update on Flower Creek Dam, Ryan Jones of Morrison-Maierle Ryan Jones of Morrison Maierle gave a report on the Flower Creek Dam. Mr. Jones stated they will be mapping out a complete funding strategy for the Flower Creek Dam.  Mayor Roll asked about the Early Warning System.  Ryan Jones stated he has not heard anything about the funding from the State.  Mayor Roll stated if we don’t hear something soon we will need to check on it.  Ryan Jones stated they will continue to move forward and try to find funding for the Flower Creek Dam.  Mr. Jones answered more questions about the Flower Creek Dam including funding and access to the back side of the Dam.

Update on Splash Pad; Ryan Jones of Morrison-Maierle spoke about the Splash Pad at Fireman’s Park.  Ryan stated they have the plans, specs and application completed and are waiting for one last piece of information to finalize things.  Ryan Jones asked the council to consider a contract for zero dollars and stated they are happy to give their time to this project.  Mr. Jones stated all they ask is to get a liability waiver on the project so if something were to happen they would be released of liability.

Update on Cabinet Heights; Ryan Jones stated that last week they had a walk through at the Cabinet Heights Project and there were several things to fix.  Mr. Jones stated they would send a list to Edstrom giving them, 30 days to correct the deficient work found at the Cabinet Heights Project after that the City could hire someone else to do the work at Edstrom’s cost

Ryan Jones also gave a report on the Waste Water Treatment Plant Project, stating everything was going well.

Mayor Roll stated himself and Jim Hammons talked to Rebecca Thomas of EPA today.  Mayor Roll also handed out grading plans for River Front Park.  Mayor roll stated he would like to have a meeting this Thursday night at 5:30pm and have a phone conference with WGM and EPA to make some decisions.  Mayor Roll stated decisions need to be made by the council as to whether the City wants to move the road at River Front Park this year, whether we want to do 6” or 12” common fill prior to the 6” of top soil that the city will put on and decide WGM’s scope of work.  Mr. Orr stated that the EPA will come in and do their clean-up and then all that is required of us to move the road would be to add 6” of structural fill.   Mayor Roll also brought up the railroad spur and stated there is still a railroad spur on city property, but it is not in good shape.  The Mayor stated the railroad from our property onto BN property was taken out a couple of years ago.  Mr. Orr stated it has been four or five years ago.  Mayor Roll stated that from talking to previous council etc. BN assured that they would reconnect that spur.  Mayor Roll stated he asked EPA to test the area of the rail spur because he didn’t know how well it was cleaned and thought there may be cross contamination.  Mr. Orr stated that all they did was throw an inch of crush over the ties.  Mayor Roll stated that he had told EPA that the quality of clean-up has not been the best.  Mayor Roll said he is making a point to council and that he made a point with EPA that they need to test and clean it again.  Mr. Orr stated that someone has demoed that line sometime this last winter on City property.    Mayor Roll stated that the most critical area is whether we move the road this year.

Mrs. Benson stated that the round up for safety grant states the project has to be completed before they will give their grant funds to us.

HEAR FROM THE PUBLIC

None

ADJOURNMENT

Meeting was adjourned at 7:45pm.

_________________________                      Attest; ______________________________

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



APPROVED

SPECIAL COUNCIL MEETING THURSDAY, MAY 19, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 5:35pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mrs. Benson, Mr. Bischoff and Mrs. Lawrence were present.  City Attorney, Jim Reintsma, City Administrator Jim Hammons and City Clerk Glena Hook were present.  Melissa Matassa-Stone of WGM, Mike Cirian of EPA and Nick Raines of CDM were present.  Attorney Alan Payne, Rebecca Thomas of EPA, Larry Scusa of MDEQ, Lisa Dewit of MDEQ and Carolyn Rutland of MDEQ were also present per phone.

The subject of the meeting was whether the City of Libby wanted to move the road at River Front Park, OU1 site.  The topics discussed were about the Petroleum leak at the area of the old underground storage tanks, the proposed underpass for pedestrians at the River Front Park, the railroad spur, restoration of River Front Park, use of Restoration funds to be received from EPA and toilets at River Front Park.

Melissa Matassa-Stone of WGM gave a hand out and reported to the council on the River Front Park’s service road relocation and hardscape areas-design, construction, services and certification.

Peggy Williams made a motion to proceed with moving the road at River Front Park.
Vicky Lawrence seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

Mike Cirian of EPA asked how the city wanted the boat ramp at River Front Park to go back.

Nick Raines of CDM will complete a final design within a couple of weeks for EPA and then they will be able to provide new estimates on restoration funds.

Rebecca Thomas stated the EPA would do sufficient excavation at the railroad spur site.  Mayor Roll asked EPA to put something together concerning the railroad spur.  Rebecca Thomas stated yes they would address it.

The meeting was adjourned at 5:25pm.

June 11, 2011 | Special Meeting

Read full text

SPECIAL COUNCIL MEETING MONDAY, JUNE 6, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

The meeting was called to order at 6:04pm by Mayor Roll.  Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch, and Mr. Bischoff were present.  City Administrator Jim Hammons and City Clerk were also present.  Also present was Dave Cosgriff of Arrowhead Engineering, contractor for International Paper, Attorney Alan Payne, Tom Richards of International Paper, Andrew Schmidt of EPA, Kathy Hernandez of EPA, Lisa Dewitt of St of Montana and Larry Scusa of St. of Montana.

Dave Cosgriff gave a presentation on how and where International Paper put in wells to monitor the ground water and handed out results of the water samples taken.  Dave stated they would be taking more samples this summer. Also they will start the NAPL phase.  NAPL(non-aqueous, phase liquid) is a term used for the liquid wood treating fluid (creosote and PCP) present in portions of the aquifers.  The primary objective of the NAPL investigation will be to support a focused feasibility study to evaluate potential remedial actions to address NAPL in the groundwater.  At the conclusion of the NAPL investigation field work, a formal report will be submitted to the EPA.

The meeting was adjourned at 6:45pm.

______________________                  Attest;        ________________________

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



APPROVED

THE 1351st REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 6, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00pm, 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.  Mrs. Williams was absent.

Prayer was offered by Kevin Lindgren of the Assembly of God Church.

Mrs. Lawrence made motion to approve the minutes from the Special Meeting May 10, 2011, Reconvened Special Meeting May 11, 2011, Regular Meeting May 16, 2011 and Special Meeting May 19, 2011.
Mr. Bischoff seconded the motion.
Mr. Orr made a motion to approve the minutes with the changing of his,” threatening to sue” to, “challenge in court” in the May 11, 2011 minutes.
Motion died from lack of second.
Mr. Orr made a motion to remove the May 11, 2011 minutes from approval until the City could get an opinion from the City Attorney.
Motion died from lack of second.
Motion for the approval of the minutes passed.
Mr. Orr voted against the motion to approve the minutes.

ANNOUNCEMENTS 

Mayor Roll wanted to thank Mrs. Lawrence and Mrs. Williams who took their time and took some fertilizer and a little grass seed and went down and fertilized the River Front Park and the Boulevard.  Mayor Roll stated the city bought the fertilizer and the ladies did the work.  

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; Fire Chief Wood reported 6 calls for May. Chief Wood wanted to remind everyone that July 9th is the celebration for the 100th anniversary of the Fire Dept.  Chief Wood reported that the Rural Fire paid for a new heating & cooling system to be put in at the fire hall.

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Robin Benson reported that Phil Schad from Waste Water called and gave her an update on the Waste Water Plant Project and everything is running smoothly.

Budget/Finance;

Police; Chief Smith reported they had sent out several warning letters for high weeds and next week they are going to start citing for high weeds.  For the month of May there were 181 calls for service, arrests 17 and citations 30.

Lights/Streets/Sidewalks; Mrs. Desch reported they were proceeding on the alley project between 3rdand 4th Street and  going to start working on replacing about 1350ft of sidewalks in the area by the Care Center and Senior Center down to Mineral Avenue.

City Administrators Report; Mr. Hammons state they have been getting a lot of calls on if we are going to give relief on water bills this summer.  Mayor Roll stated it would be put on the next agenda for the council to make a decision on whether they want to give relief on the water bills.

Finance; City Clerk Glena Hook stated she was reconciled for April 2011 and also went through GABS 54 a new law changing the way Fund Balance is reported and stated she would have a resolution ready for the next meeting for the council to commit the IP Fund and interest from the ED fund.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

Marlene Nelson of 905 Commerce Way spoke to the council about her sister and brother in laws graves.  Marlene stated they went to their graves on Memorial Day and dirt from a grave that had been dug beside their graves was on their stones and they had to clean them off.  Marlene also complained to the council that there is no lawn there and it is covered with gravel and backhoe tracks were across their graves.   Marlene stated this was very disrespectful and that grass should be planted by now.  Mayor Roll apologized and stated they would take care of it for her.

Mike Noble,  6669 Farm to Market Road stated they met with the water/sewer committee and was asked to be at the meeting tonight. Mike Noble was concerned about the possible settlement concerning the card clinic water bill.  Mrs. Lawrence stated the council has a copy of the committee’s recommendations concerning the Card Clinic and stated they realize they had never discussed with Mr. Noble what his plans were concerning the building and stated that is why she had called him.   Mrs. Lawrence stated it was new information that they have a buyer for the building.  Mrs. Lawrence asked Mr. Noble if there were any questions for the council that they might have.  Mr. Noble stated the building has been sold.  Mr. Noble was confused about what the water bill had to do with the selling of the building.  Mr. Bischoff stated it was a lien on the building taxes.  Mr. Noble state the Card Clinic is a non-profit organization that has donated back to the community. Kimberly Rowse the Card Clinic Coordinator stated they inherited the fire suppression water bill and had been working on trying to get it resolved for some time.  Rowse stated they were not asking to be absolved from the Card Clinics responsibility for their part of the water bill, but they inherited a large water bill when the building was gifted to them.   Mrs. Lawrence stated that she researched the water bills and they were going to make the recommendation that the Card Clinic only be responsible for the water suppression while they were in the building.

Mrs. Lawrence made a motion to forgive all but $2,796.88 of the Card Clinic fire suppression water bill.
Mr. Bischoff seconded the motion.
Motion Passed

 UNFINISHED BUSINESS

Port Authority water bill;
Mrs. Lawrence made a motion accept the recommendation of the Water/Sewer Committee to forgive all but $3,500 of the fire suppression water bill for the Port Authority.
Mr. Bischoff seconded the motion.
Mr. Orr asked how much the bill was originally.
Mrs. Benson stated the total water was $5,180.
Mrs. Lawrence stated the total fire suppression was $14,000 and some and there were leaks in the pipes and so there was about $5000 in water and $39,000 in penalties and interest.
Mr. Orr said that is about $59,000-$60,000.
Mr. Orr asked if the Port Authority was a county agency.
Mr. Bischoff answered no.
Mr. Orr asked if anyone had talked to Lee Bothman, a former council member that had worked on the Port Authority water bill.
Mrs. Benson answered yes she had talked to Lee.
Mr. Orr stated he had talked to Lee Bothman and stated that Lee thought he had a pretty good agreement to get some property out of the” County”.
Mrs. Benson stated Lee Bothman told her he talked to Dan Larson about it but nothing ever came of it.
Mr. Orr asked if any of them tried to negotiate for some property.
Mrs. Lawrence stated she had not.
Mrs. Benson stated if there was new information that they could research it.
Mr. Bischoff stated he thought when property was negotiated for in the past that the Port Authority did not want to do it.
Mrs. Benson stated she would be willing to research it further.
Mrs. Lawrence rescinded the motion.
It will be put on the next agenda. 

NEW BUSINESS

Municipal Election mail ballot;
Mr. Bischoff made a motion allowing the Election Office of Lincoln County to hold a mail ballot election for the November 8, 2011 Municipal Election.
Mrs. Desch seconded the motion.
Motion Passed

Health Insurance vote on committee recommendations; Mr. Bischoff stated the health insurance went up 10% and stated the recommendation was to increase the city’s portion $24 a month per employee.
Mr. Bischoff made a motion to approve the recommendation of the committee.
Mr. Orr seconded the motion.
Motion Passed

Street closure, Mineral Avenue and 6th for 100th yr Fire Department Celebration; Tom Wood explained the street closure was from 10:00am to about 1:00pm.  Tom Wood also would like to have a parade from the Fireman’s Park to the Fire Hall.  Bischoff made a motion to approve the street closure and parade.  Mrs. Benson seconded the motion.  Motion Passed

Libby Logger Days Street closure June 25, 2011; Kathy Stern of 573 Dome Mountain Ave. a Board Member of Libby Logger Days spoke to the council asking for a street closure from   Mineral Avenue to 2nd  Street and Lincoln Blvd. for the Libby Logger Days Parade and Fun Run.
Mrs. Benson made a motion to approve the street closure.
Mr. Bischoff seconded the motion.
Motion Passed.

Street closure, Pastime Bar; Sandy Doubek owner of the Pastime Bar asked permission for a street closure from 6pm until 2am for Street Dances on June 24 & 25,  July 29th & 30th, September 9th & 10th and from 10pm until 2pm Friday August 19th  on the second block of Mineral.  The music would be over at midnight.  The council decided to approve one date at a time and see how it went with trash being left on the streets.
Mrs. Lawrence made a motion to approve the street closure for June 24 & 25.
Mr. Bischoff seconded the motion.
Sandy will come back on the first meeting in July (July 5th)  for further approval on the other dates.
Motion Passed.

Resolution #1776; budget amendment to pay for Flower Creek Dam Engineering, Morrison-Maierle.
Mrs. Benson made a motion to approve Resolution #1776.
Mrs. Lawrence seconded the motion.
Motion Passed.

Resolution #1778; agree to pledge cash carryover if needed to pay Cabinet Heights sewer bond and waste Water Plant Improvements Sewer Bond.
Mrs. Lawrence made a motion to approve Resolution #1778.
Mr. Bischoff seconded the motion.
Motion Passed

Resolution #1779; Sewer Plant Improvement Revenue Bond;
Mr. Bischoff made a motion to approve Resolution #1779.
Mrs. Lawrence seconded the motion.
Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff voted aye.
Mrs. Williams was absent.
Motion Passed

COUNCIL ACTION/DISCUSSION

Golf Course Loan; City Attorney Jim Reintsma suggested bringing in the golf course people and talking over the options.  Mr. Reintsma stated there was enough to claim a default.  Attorney Jim Reintsma will put something in writing to the golf course stating the Golf Course is now in default and need to meet with council.
Mr. Orr made a motion that Attorney Jim Reintsma would notify the golf course that they are in default and need to contact the city.
Mr. Bischoff seconded the motion.
Motion Passed

Approval of Payroll and Claims for May 2011.
Mrs. Benson made a motion to approve Payroll and Claims for May 2011.
Mr. Bischoff seconded the motion.
Mr. Orr had some questions about the purchase of trees and flower baskets and where they were paid out of.  The trees were paid out of the Tree Board budget and the Flower Baskets for the Mineral Avenue Streetscape was paid out of streets.  Mr. Orr wanted to know if the Street Supervisor had approved the payment out of the street budget.
Clerk Hook answered that he had been informed.
Mayor Roll stated it is the same amount and budget that it was paid out of last year.
Motion Passed.
Mr. Orr voted against the motion.

Approval of Business Licensees received to date.
Mrs. Lawrence made a motion to pay Business Licenses received to date.
Mr. Orr seconded the motion.
Motion passed

Approval of pay request for the Waste Water Plant Improvement Project;
Mrs. Benson made a motion to approve the pay request for the Waste Water Plant Improvement Project.
Mrs. Lawrence seconded the motion.
Motion Passed.

HEAR FROM THE PUBLIC

None

ADJOURNMENT

Meeting was adjourned at 8:00pm.

_________________________                      Attest; ______________________________

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



APPROVED

SPECIAL COUNCIL MEETING TUESDAY, JUNE 28, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL 

Mayor Roll called the meeting to order:

In attendance were Council members, Mr. Orr, Mr. Bischoff, Mrs. Desch, Mrs. Benson, and Mrs. Lawrence. EPA representatives present were Mike Cirian and Nick Raines.  City Administrator Jim Hammons was also present.  On the phone was Rebecca Thomas from EPA, Allan Payne attorney from Helena, Melissa Matassa-Stone of the WGM Group, and Carol Rutland from the State of Montana.

Rebecca Thomas talked about the final restoration and sent a draft to the City of the quantities. Melissa from WGM Group said that the EPA’s figures were very similar to her numbers for the structural fill and top soil.

Mayor Roll asked each council member to express their thoughts on the restoration work. There was a lot of discussion from council members on the time frame to finish the project this year and would the city and county crews be able to accomplish this. They also spoke about the issue of the city not being able to finish before winter and the possibility of erosion to the site. There was a lot of discussion on where the city would get the material for the restoration and the cost. The time frame was brought up again and it was asked, would the city be held to a time restraint to finish the project. Mr. Cirian said that there is usually a 1 year period to finish the project.

The issue of health and safety to the citizens using the park in the future was brought up. Mr. Orr stated that the EPA said they would sever all pathways of exposure at the site. Mr. Orr also said that we (The City) should have EPA sign and indemnification clause with the city. More discussion followed on the future testing and the type of testing of the site.

It was brought up again about the City vs. the EPA on the cleanup and what would be the best direction to go. There was concern that if EPA did all the work the city would not get the funding to replace and pave the road. Mr. Cirian said that the city would still receive some credit towards the park.

Nick Raines talked about utility corridors, and how the city wanted to proceed with them. They could put the corridors in and the city could come in and place the pipe in the future, or they could lay the pipe when the EPA has the trench open. There was also discussion on the rail spur and how to move forward with it.  Mr. Orr stated that he had filed a theft report on the spur to several law enforcement agencies. The EPA said they have no record of who or when the spur was removed. Mayor Roll said he talked with Bryan Reilly, Economic Development Manager for  BNSF about the spur. They explained to the Mayor, that if there were customers at the site they would be happy to put the spur back in place. Also he said that there were costs in maintaining the spur and that the customer would have to pay the cost.

Meeting was adjourned at 7:02 pm.

There were no decisions made.

______________________                  Attest;        ________________________

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



APPROVED

THE 1352nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JUNE 20, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00pm, 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 Jim Reintsma and City Clerk-Treasurer Glena L. Hook, were also present.

Prayer was offered by Robert Mast of the Eagle Valley Community Church.

Mr. Orr made motion to approve the minutes from the Regular Meeting June 6, 2011and Special meeting June 6, 2011.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Benson stated the City crews were going to start work on Fireman’s Park to get it ready for the new Playground equipment that will be arriving at anytime.  The Montana Kiwanis  Foundation, Kootenai Kiwanis of Libby and the Libby Elks Lodge is going to be holding a Fireman’s Park Playground fundraiser.  It will be a spaghetti dinner this Friday at the Elks Lodge.  Mrs. Williams stated she talked to Tony Berget about the Splash Pad and he is currently looking for someone to do the plumbing.

Fire; None

Resolutions/Ordinances; None

Personnel; Mr. Bischoff stated the personnel committee interviewed candidates for the city opening and has made a recommendation.

Building; None

Water/Sewer; None

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report;  Jim Hammons spoke to the council stating he received a call from Tim Thennis of FEMA who stated that our emergency from back in January the City of Libby has been approved for approximately $68,000.  Jim stated one of the things that was put in for was for the street repair on Idaho where it flooded.  Jim stated he has received 3 bids on the project.  One that was for $14,000 is the one that was approved by FEMA.  Mr. Hammons stated we are on a timeline to get this done.  Jim has been in contact with Kootenai Paving on the work needed on Idaho.  Mr. Niemi of Kootenai paving asked to have a portion of his loan forgiven in return for some of the work on Idaho.  Mr. Orr asked if Jim got 3 bids on Idaho.  Jim stated that he got 3 estimates on doing different parts of the road.

Finance; Glena Hook stated she was reconciled for the month of May 2011 and that Budget Reports and Cash Reports were ran and put in the council packets.  Mrs. Hook stated there will be budget adjustments needed for the end of the year and she would prepare a Resolution for them after the end of July when all accruals were done.  She stated that she had done some calculations on the 1% step increase for the employees and found that most of the funds would be able to handle the increase with little to no increase in budget.  The police department will need an increase due to the part time officer which they had a Grant for but it ended earlier this fiscal year, also the budget for our City Attorney needs to be increased.  Mrs. Hook stated she would like the mayor to look at the Building Inspector budget and decide how to proceed for next year’s budget.  Mrs. Hook also stated she would like to start putting the business licenses on both agendas for each month to expedite the licenses going out to businesses.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None           

UNFINISHED BUSINESS 

Port Authority Water bill; Mrs. Benson stated that she would like to acknowledge the “conflict of interest” comment from Councilman Orr during the regular council meeting on June 6th. 1)  The Lincoln County Port Authority is not a county department.  2) Mrs. Benson has no financial or monetary gain from the Port Authority. 3) The Port Authority could cease to exist and it would have no bearing on Mrs. Benson’s employment with the county.  4) Mrs. Benson asked if there were any other council members who felt that she has a conflict of interest before she proceeds.  There was no comment from the council.

Mrs. Benson stated she talked to Paul Rumelhart regarding any discussion of a land swap or land negotiations.  Mr. Rumelhart did remember the proposal being discussed where the Port Authority would trade the parking lot adjacent to the city property in exchange for the water bill. The Port Authority operates under the laws of the State of Montana.  Any disposal of property has to be appraised to determine the fair market value of the property.  Then the property has to be offered for sale to the public.  Any individual or firm must also disclose what they intend to do with the property.  The Port Authority decided that it was not in the best interest of the community since no definite plan for use of the property was put forth in writing.  Additionally, the Port believed then as it does now that the meter charge and interest charges were inappropriate.  The actual water value of less than $4000 is far below the value of the property.

Mrs. Benson stated she had talked to Lee Bothman a previous council member regarding any discussion of a land swap or land negotiations.  Mr. Bothman told Mrs. Benson there was discussion with Dan Larson about the land swap for the Port Authority but he did not keep his notes from back then.  The Port Authority water bill goes back to 2004.  Mrs. Benson broke down the Port Authority water bill as follows.  1)  Total Fire Suppression — $14,165   2)  Total Water Usage — $5,180.  3)  Total Penalties and Interest — $39,910.  Mrs. Benson stated this issue dates back 6 + years and there is no documentation.  She stated there were too many people & hands involved to pick up where the council left off years ago.  She also stated the old system had a lot of leaks and none of the water was used for domestic use, it was all fire suppression.

Mrs. Benson stated it is the recommendation of the Water/Sewer Committee to forgive all but $3,500 of the bill which is a charge for real water usage.
Mrs. Lawrence made a motion to approve the Water/Sewer Committee recommendation.
Mrs. Williams seconded the motion.
Mr. Orr asked why if Mrs. Benson’s data shows the total water usage was $5,180 why are we lowering this to $3,500.
Mrs. Benson stated because there was an issue with vandalism at the time and a portion of it was leaked and we can’t go back now and figure out what was leaked and what was actual water use.
There were several more comments between council.
Motion Passed.
Mr. Orr voted against the motion.

NEW BUSINESS 

Summer Watering relief, Council decision; Put into water/sewer committee to be put on next agenda.

Resolution # 1780, to commit funds per GASB 54;
Mrs. Williams made a motion to approved Resolution # 1780.
Mrs. Desch seconded the motion.
Motion Passed.

Resolution # 1781, to adopt spending policy per GASB 54;
Mr. Bischoff made a motion to approve Resolution # 1781.
Mr. Orr seconded the motion.
Motion Passed.

Phil Alspaw to address the council concerning volunteers to clean-up needed areas in the city; Mr. Alspaw spoke to the council about sending out the congregation from their church to the community to work on projects for the city on July 24th 2011.  They are hoping to send about 500 people from the congregation out into the community for 3 hours and asked for help with what projects the city felt needed to be done.  Jim Hammons will call Mr. Alspaw when the city gets some projects.

COUNCIL ACTION/DISCUSSION

None

HEAR FROM THE PUBLIC 

Dr. Laura Tindall, who lives across from the Memorial Center and has the Rositas building stated that when the pipes broke between Louisiana and Utah where she runs businesses she couldn’t wait for the repairs to be done by the city so she paid for them herself.  Dr. Tindall stated she didn’t know who gets these free bills for leaks but stated whatever leaked out she had to pay for.  She stated when she had a leak last year she came to the water department and said she was told that she was responsible so she hasn’t seen any forgiveness.  She also stated that she understood there was a reduction on the summer water bills and so went to City Hall and stated she thought there was suppose to be some kind of reduction but her bill went up and she is appalled by the water bills.

Asphalt Paving;  John Gorman of Asphalt Contracting spoke to the council with concerns about his business license and that he has not been allowed to work without one and asked the council if they would approve it.  Mayor Roll stated he would check with Jim Smith and get back to them.  Mayor Roll asked if they had a State Contractors License.  Mr. Gorman answered yes it was with his application for a business license at City Hall. 

ADJOURNMENT

Meeting was adjourned at 7:42pm

_________________________                      Attest; ______________________________

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



APPROVED

SPECIAL COUNCIL MEETING TUESDAY, JUNE 28, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL 

Mayor Roll called the meeting to order:

In attendance were Council members, Mr. Orr, Mr. Bischoff, Mrs. Desch, Mrs. Benson, and Mrs. Lawrence. EPA representatives present were Mike Cirian and Nick Raines.  City Administrator Jim Hammons was also present.  On the phone was Rebecca Thomas from EPA, Allan Payne attorney from Helena, Melissa Matassa-Stone of the WGM Group, and Carol Rutland from the State of Montana.

Rebecca Thomas talked about the final restoration and sent a draft to the City of the quantities. Melissa from WGM Group said that the EPA’s figures were very similar to her numbers for the structural fill and top soil.

Mayor Roll asked each council member to express their thoughts on the restoration work. There was a lot of discussion from council members on the time frame to finish the project this year and would the city and county crews be able to accomplish this. They also spoke about the issue of the city not being able to finish before winter and the possibility of erosion to the site. There was a lot of discussion on where the city would get the material for the restoration and the cost. The time frame was brought up again and it was asked, would the city be held to a time restraint to finish the project. Mr. Cirian said that there is usually a 1 year period to finish the project.

The issue of health and safety to the citizens using the park in the future was brought up. Mr. Orr stated that the EPA said they would sever all pathways of exposure at the site. Mr. Orr also said that we (The City) should have EPA sign and indemnification clause with the city. More discussion followed on the future testing and the type of testing of the site.

It was brought up again about the City vs. the EPA on the cleanup and what would be the best direction to go. There was concern that if EPA did all the work the city would not get the funding to replace and pave the road. Mr. Cirian said that the city would still receive some credit towards the park.

Nick Raines talked about utility corridors, and how the city wanted to proceed with them. They could put the corridors in and the city could come in and place the pipe in the future, or they could lay the pipe when the EPA has the trench open. There was also discussion on the rail spur and how to move forward with it.  Mr. Orr stated that he had filed a theft report on the spur to several law enforcement agencies. The EPA said they have no record of who or when the spur was removed. Mayor Roll said he talked with Bryan Reilly, Economic Development Manager for  BNSF about the spur. They explained to the Mayor, that if there were customers at the site they would be happy to put the spur back in place. Also he said that there were costs in maintaining the spur and that the customer would have to pay the cost.

Meeting was adjourned at 7:02 pm.

There were no decisions made.

July 5, 2011 | Regular Meeting

Read full text

THE 1353rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, JULY 5, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00pm 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 Deputy City Clerk Tanya R. Gehrke were also present. City Clerk-Treasurer Glena L. Hook and City Attorney Jim Reintsma were not in attendance.

Prayer was offered by Robert Mast of the Eagle Valley Community Church.

Mrs. Williams made a motion to approve the minutes from the Regular Meeting June 20, 2011.
Mr. Orr seconded the motion.
Mrs. Lawrence asked that the minutes be corrected on page 2 in the bottom paragraph to remove (inherited from Stimson) because that amount was not inherited from Stimson.
Mayor Roll asked for another motion.
Mrs. Lawrence made a motion to accept the minutes with inherited from Stimson removed.
Mr. Bischoff seconded the motion.
Motion passed

ANNOUNCEMENTS

Mayor Roll announced that Union negotiations will begin next week and that Mrs. Lawrence will have a date for us later.

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Benson stated that work has began on the fire truck playground equipment at Fireman’s Park. She had spoken to Corky Pape and he said that they are trying to get it completed by July 9th,2011 for Libby Volunteer Fire Departments 100 year anniversary celebration.  Mrs. Benson stated that other City business has priority and if it gets finished, it gets finished, if not, it doesn’t.   The spaghetti dinner put on by the Kiwanis and the Elks was a great success. Mrs. Benson didn’t have the exact figures but she hopes to have that information by the next meeting. Mayor Roll asked if there were volunteers helping with the work out at the Park.  Mrs. Lawrence said that Corky was doing the work and later stated that a friend of Joe Woods, “Doug somebody” had helped with the concrete.

Fire; Tom Wood had a few thank-you’s to say. First of all, the fire count over the 4th of July was way down. There was only 1 call in the City and 1 call in the County. Thanks to Chief Smith and his crew for monitoring the fireworks.  Tom showed the special  LVFD 100 year anniversary booklet  and announced the schedule for the  Saturday July 9, 2011 festivities.  Thanks to the media for advertising the event.

Resolutions/Ordinances; None

Personnel; None

Building; Mrs. Lawrence said that the Building Committee had met with Bonnie Morrow, from the Montana Athletic Club and she had given them a list of improvements that MAC would like to have done. City Clerk-Treasurer Glena L. Hook had asked Mrs. Lawrence to hold off on any recommendations until after budgeting is done. They will meet again with Bonnie in August.

Water/Sewer; None

Budget/Finance; None

Police; Chief Smith reported that June was comparable to May. There were 178 calls(down 10 from May) 21 Citations(down 9 from May) and 20 arrests, which was up from May 2011. Logger Days was pretty good for the City Police Department.  There were no problems and the Street dance was well controlled. There we no incidents over Logger Days or the 4th of July.

Lights/Streets/Sidewalks; Mrs. Desch reported that she had given everyone paperwork in their packets from Asphalt Zipper.  Please look over it and get back to her with any comments or questions.

City Administrators Report; Jim Hammons handed out his report but had a couple of other things he wanted to address. There was a pre-bid meeting for the alley behind the Western News last week.  4 contractors showed up and they all went down and discussed things and there were a couple of amendments for addendums to be added. Bids will be opened on Thursday July 7, 2011 at 2:00 pm. Construction will start in the near future.  Rural Development, Morrison Maierle and Jim will be going up to Cabinet Heights with Edstrom Construction to do the final walk through on Friday July 15, 2011.

Finance; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

Dan Rohrer with Cabinet View Country Club stated the names of current board members that were in attendance and said that each was going to speak briefly. They included Gene Chappell, Kari Martell, Bob Castaneda, Rich Reisinger, Jeff Dooley, Gerald Dill, Robin Swimley and CPA Ed Stamy.  A brief history of the CVCC’s loan was given.  Information   regarding the financial status of CVCC was passed out to each Council member by Bob Castaneda. The economic benefits were mentioned as far as CVCC having tournaments and people supporting hotels and local stores and businesses. Robin Swimley spoke about the future of the CVCC as far as development goes. Robin also mentioned that it was great working with Jim Hammons during the Cabinet Heights sewer project. Dan Rohrer was the final person to speak and he wanted it noted that CVCC is not in default on their loan. CVCC was to submit 50% of the purchase price on any lots that were sold and none have sold yet.

Sandy Doubek, owner of the Pastime, addressed the Council regarding street closure for July 29, and 30th.
Mrs. Lawrence made a motion to accept Sandy’s original proposal including all of the dates on it, after the positive experience with the street closure for Logger Days.
Mrs. Benson seconded .
Motion passed.

Mrs. Benson spoke regarding summer watering relief. The Water/Sewer committee met and proposed to maintain the base rate amount of $26.00  for City residents but to increase the usage from 3,000 gallons to 11,000 gallons for the months of June, July and August 2011.
Mrs. Williams made a motion to increase the usage from 3,000 gallons to 11,000 gallons for City residents for the months of June, July and August 2011.
Mr. Bischoff seconded.
Motion passed. 

NEW BUSINESS 

The flood damage to Idaho Avenue was discussed.  The City will be getting a little over $14,000.00 from the State but the City needs to provide the funds and then we will be reimbursed by the State.  Mayor Roll said that with Council approval the money could come out of Economic Development funds.  George Niemi had given the city an estimate on the costs.  Mrs. Williams stated that the City is going above and beyond the original amount and Mayor Roll stated that it was because the original amount was for patching the road instead of replacing it.  Mr. Orr questioned where they got the $14,000.00 figure from and also what the cost per ton was?  Jim Hammons stated that George Niemi had done 3 different estimates on that block and that the $14,000.00 figure was the middle estimate. Mr. Orr said that he had done some calculations on his own and he feels that the costs are overly inflated.  He would like to meet with George Niemi to discuss the costs.  Mr. Bischoff also said it would be better to get a break down of the costs from George Niemi.  Mayor Roll stated that we would get a hold of George Niemi and have him come and meet with us.

Resolution # 1782, to transfer IP funds to the water fund to pay bills for Flower Creek Dam and Water Distribution
Mr. Bischoff made a motion to accept Resolution #1782.
Mrs. Lawrence seconded the motion.
Motion passed.

Kristin Smith, Lincoln County planner, spoke on the tourism grant.  Jim Hammons and Kristin have identified a potential funding source to assist in moving River Front Park along. It is through the Montana Office of Tourism and it is a tourism infrastructure improvement grant. The deadline is August 3, 2011 so they were hoping to work on it for the city to meet that deadline.  The grant offers a 2 to 1 match so for every $2.00 requested from the funding source we have to show that there is a $1.00 match. It would be beneficial to know what kind of commitment the city is going to contribute. Mayor Roll asked who had actually brought this grant to our attention and it was stated that Melissa from WGM had. Kristin said that the grant circulates on several different lists so she had seen it too.  Mayor Roll stated that it would be put into the Parks committee.

COUNCIL ACTION/DISCUSSION

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

Approval of Payroll and Claims for June 2011.
Mr. Bischoff made a motion to approve Payroll and Claims for June 2011.
Mrs. Lawrence seconded.
Motion passed.

Approval pay application for Waste Water Plant improvements.
Mrs. Benson made a motion to pay Draw #3. Mrs. Desch seconded.
Motion passed.

Montana Float loans-Mayor Roll stated that each council person had received a copy of Melissa Becks letter in their packets. He would like to put this into the Finance committee and have them get together with Mr. Kinden to maybe work something out.

Application  for a Corporate Structure change of Torgy’s. Mr. Bischoff questioned if it was just changing from a private ownership to a Corporation? Mayor Roll said yes.
Mr. Bischoff made a motion to approve the application for a Corporate Structure to Torgy’s.
Mr. Orr seconded.
Motion passed.

HEAR FROM THE PUBLIC

Shane & Gina Whitmarsh PO Box 1274 Libby, Montana are interested in applying for a variance to allow a mobile home within the city limits. They have the paperwork completed and they asked to be placed on the agenda for the next meeting.  Mrs. Williams mentioned that they should get this information to Kristin Smith also.

ADJOURNMENT

Meeting was adjourned at 8:04 pm.

_________________________                      Attest; ______________________________

Mayor Doug Roll                                                       Deputy City Clerk Tanya R. Gehrke



APPROVED

SPECIAL COUNCIL MEETING MONDAY, JULY 11, 2011 @ 6:00PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 6:01pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mrs. Benson, Mr. Bischoff and Mrs. Lawrence were present.  City Attorney, Jim Reintsma, City Administrator Jim Hammons and City Clerk Glena Hook were present.  Mike Cirian and Rebecca Thomas of EPA and Nick Raines of CDM were present.  Attorney Alan Payne was present by phone.

Mayor Roll stated the purpose of the meeting was to talk about making a decision on which option the council wanted concerning the EPA doing the complete remediation of the OU1 site.   Mayor Roll started out by asking each council member to speak about any concerns or ask questions pertaining to the OU1 site.

Mr. Bischoff stated he was in favor of  EPA doing the whole project and was concerned about the time line the city faced and some of the issues that have come up that might prevent the timely completion if the city were involved in the clean-up.  Mr. Bischoff also stated he would like to see the railroad spur taken out and not give up the cities easement or whatever permits the city has concerning the railroad spur.  Mr. Bischoff also committed that he would like to see the four inches that was supposed to be left for paving the road be graveled and then maybe chip sealed or something like that.  Mr. Bischoff also mentioned that he would like to see a sprinkler system put in to maintain the cap at the OU1site.

Mayor Roll stated he wanted to add to the comment by insisting that something needed to be done about irrigation to maintain the cap.

Other than those few changes Mr. Bischoff stated he liked the proposal that was put forward.

Mrs. Desch stated she was in agreement with Mr. Bischoff on the road, railroad spur and sprinkler system.

Mrs. Benson stated there have been a lot of delays and she was ready to make a motion.
Mrs. Benson made a motion that EPA does everything including the railroad spur and that details be worked out concerning a sprinkler system to maintain the cap.
Mrs. Lawrence seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

Mr. Orr asked Rebecca Thomas why we couldn’t use the same top soil that was used before on the OU1 site around the North side of the park.  Mr. Orr asked if the EPA was going to re-clean that area.  Rebecca Thomas stated that when the restoration is complete that testing would be done and if the soil is contaminated the EPA would clean it up.  Mr. Orr also wanted to know about the Search and Rescue Building.  Rebecca Thomas stated that after the cleanup was complete the building would be tested and if asbestos was found in the building it would be cleaned.  Mike Cirian explained why the topsoil is now being brought in from out of the area stating it was a conservative approach.  Mr. Orr wanted to wait for the cleanup until the next year for EPA to get their ducks in a row and continued with his argument.

Mr. Bischoff called a point of order stating that this discussion does not seem pertinent to the motion and that we have a motion on the floor and this is not a cross examination of EPA.  Mr. Bischoff stated that if Mr. Orr feels that what we are doing is at risk he should state those facts to the council and vote against the motion.  Mayor Roll agreed.  Mr. Orr disagreed.

Mrs. Lawrence wanted to ask if the money earmarked for vegetation was not all spent on vegetation could it be used elsewhere.  Rebecca Thomas stated that it could be used on anything that would enhance the site.  Mrs. Lawrence stated she felt the possible continued risk at the OU1 site warranted the cleanup to be done this year.

Mrs. Williams asked a question about the road.  Nick Raines explained and showed on the map what they were talking about with a buildup of soil around the area of the spur road.  Mrs. Williams stated she didn’t want to lose the pedestrian underpass.  The EPA stated they would not interfere with the pedestrian underpass.

There was some discussion about the road approach.

Mr. Orr made a motion that if we are going to proceed without protecting human health that we ask the EPA for indemnity.
Motion died from lack of second.

Meeting adjourned @ 6:25pm.

______________________                  Attest;        ________________________

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



APPROVED

SPECIAL COUNCIL MEETING MONDAY, JULY 18, 2011 @ 5:30PM IN THE COUNCIL CHAMBERS @ CITY HALL

Mayor Roll called the meeting to order at 5:30pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mr. Bischoff and Mrs. Lawrence (late) were present.  City Administrator Jim Hammons and City Clerk Glena Hook were present.  Mrs. Benson was absent.  Byron Sanderson of KSI, Jeff Cicon, Bill Buxton, Ken Salo and Ryan Jones of Morrison-Maierle were also present.

Morrison-Maierle handed out their presentation concerning Flower Creek Dam replacement alternatives to council and mayor.

Ken Salo of Morrison-Maierle gave a presentation concerning the existing conditions of the Flower Creek Dam and also talked about location alternatives and structure alternatives.  Bill Buxton of Morrison-Maierle discussed a funding strategy with the council and mayor.

Ryan Jones of Morrison-Maierle presented an implementation plan and schedule concerning the Flower Creek Dam.

Council discussed the presentation with Morrison-Maierle and KSI.

The meeting was adjourned at 6:55pm.

 ______________________                  Attest;        ________________________

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



APPROVED

THE 1354th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, JULY 18, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:05pm 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 Jim Reintsma and City Clerk Glena L. Hook were also present.

Prayer was offered by Tony Shaw of the Baptist Church.

Mr. Orr made a motion to approve the minutes from the Special Meeting June 28, 2011, Regular Meeting July 5, 2011 and Special Meeting July 11, 2011.
Mr. Bischoff seconded the motion.
Mrs. Williams stated she was not present during the Special Meeting on June 28, 2011.
Mr. Orr amended his motion to approve the minutes to include making a correction on the June 28, 2011 meeting that Mrs. Williams was not present.
Mrs. Lawrence seconded the motion.
Motion Passed

ANNOUNCEMENTS          

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Benson stated that we had an additional $2100.00 come in for the Fireman’s Park Equipment and wanted to acknowledge that the Montana Kiwanis Foundation and  Kootenai Kiwanis donated and arranged the spaghetti dinner and Mrs. Benson wanted to especially thank them because there were a lot of volunteers needed to pull that off.   Mrs. Benson stated that the spaghetti feed brought in $800 and that with the Libby Elks Lodge and  the VFW Auxiliary donations combined it came to $2100.  The total now is $19,150 of donations for the Fireman’s Park playground equipment.  Mrs. Benson wanted to thank all those groups for their hard work and generous donations.

Fire; None

Resolutions/Ordinances; None

Personnel; The Personnel Committee is trying to schedule interviewing of the in house candidates for the Water Treatment Operator position on Wednesday, July 20, 2011.

Building; None

Water/Sewer; None

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; Jim Hammons stated he met with Eric Hanson of RD, Ryan Jones of Morrison-Maierle and Corky Pape the Street and Water Distribution Supervisor up at Cabinet Heights last Friday for the warranty walk through for the Cabinet Heights Sewer Project.  Mr. Hammons stated they talked to several residents and some had some issues, but everything looked pretty good from what Edstrom Construction did six weeks ago but they missed a few things.  Edstrom Construction will be finishing up today or tomorrow on the missed issues.   Mr. Hammons stated the warranty work still has another year from now to address any more issues.  Mr. Hammons stated it went pretty well and they talked to a lot of people.

Finance; City Clerk Glena Hook announced that reconciliations for June 2011 was complete.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA

None

UNFINISHED BUSINESS

Montana float Loan; Still in Committee 

NEW BUSINESS 

George Niemi, Idaho Street Paving; George Niemi was not available.  Mayor Roll stated we have a few bids for the project and would like it put on the next agenda.

Ryan Jones of Morrison-Maierle concerning bid award for paving alley; Ryan Jones was not available but Mayor Roll stated the low bid for alley was Noble.
Mr. Bischoff made motion to award the bid proposal for the alley project to Noble Excavating.
Mrs. Desch seconded the motion.
Motion passed

River Pump relocation; Mayor Roll discussed moving the pump at the river to another location and wanted the council to think about an alternate area to put it in.

Tourism Grant; Mrs. Williams stated that Kristin brought a prospective grant for Montana Tourism and stated it was still in draft stages but in order to proceed forward with that grant the city would have to commit to spending a minimum of  $40,000 for the requested $100,000 grant.
Mrs. Lawrence made a motion for the city to commit $40,000 to the tourism grant.
Mrs. Benson seconded the motion.
Motion passed.

Mayor Roll stated that Dusti Thompson of the Chamber of Commerce brought in a letter asking for a street closure on July 30, 2011 from 10:00am to approximately 11:30am on Mineral Avenue for a parade for the PRCA Kootenai River Rodeo.
Mr. Bischoff made a motion to approve the request for the street closure on Mineral Avenue, July 30, 2011 from the hours of 10:00am to approximately 11:30am.
Mrs. Lawrence seconded thee motion.
Motion passed

COUNCIL ACTION/DISCUSSION

Approval of Business Licenses received to date.
Mrs. Lawrence made a motion to approve the Business License received to date.
Mr. Orr seconded the motion.
Motion passed.

HEAR FROM THE PUBLIC

Devi McCully asked the council for more details, dates and how things are going to work with the Alley Paving Project.  Mayor Roll stated that Jim Hammons would be calling all the property owners and that the construction probably would not be starting until mid-September.  Mrs. McCully was concerned with the quality of work and wanted to know if there would be a warranty walk through.  Mayor Roll stated yes there would be.  Mrs. McCully stated she would like to redo her water into her building and wanted to know if it would be doable at the time of the Alley Project.  Mayor Roll asked Devi to contact Jim Hammons with any questions she may have.

ADJOURNMENT

Meeting was adjourned at 7:23pm.

August 1, 2011 | Regular Meeting

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THE 1355th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 1, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER

The meeting was called to order at 7:01pm 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 Jim Reintsma and City Clerk Glena L. Hook were also present.

Prayer was offered by Roy Yoder of the Amish Church.

Mrs. Lawrence made a motion to approve the minutes from the Special Meeting July 18, 2011, Regular Meeting July 18, 2011.
Mr. Bischoff seconded the motion.
Motion passed

ANNOUNCEMENTS 

Mayor Roll announced that Jennifer Nelson had been appointed to Planning Board.

Mayor Roll also announced a grant that the city got for the amount of $10,000 from DNRC for a Technical Study for Flower Creek Dam Alternatives.

Mayor Roll reported that there will be a meeting next Monday, August 8, 2011 at 12:00noon, at Henry’s Restaurant to start planning the Ice Cream Social to be held August 29th.             

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Benson stated the Fireman’s Park is pretty much done and invited everyone to go down and see the new playground equipment.

Fire; Fire Chief Woods stated that they had 7 Fire calls and the 100th year anniversary of the Fire Department went very well.

Resolutions/Ordinances; None

Personnel; Mr. Bischoff stated they interviewed 3 employees for the water plant operator position and recommended Phil Schad for the position.

Building; Mrs. Lawrence stated that Jim had brought up the issue of remodeling old City Hall so that we might rent some of the space out.  Mrs. Lawrence couldn’t remember if it had been put into committee.  Mayor Roll stated it was just an announcement and he would like to wait until we see where the budget is at.

Water/Sewer; None

Budget/Finance; None

Police; Sergeant Watson stated there were 209 calls for the month of July, 42 citations and 49 arrests.

Lights/Streets/Sidewalks; None

City Administrators Report; City Administrators report was put in the council packets.  There were no questions from the council.

Finance; City Clerk Treasurer Glena Hook reported that she was working on the year end closing and it was going slow.  Mrs. Hook also reported that the taxable evaluation was received from the Assessor’s Office and that budgets had to be in to the state within 45 days.   Mrs. Hook stated she would be spending a bit more time at work in the near future to get these things done.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None

UNFINISHED BUSINESS 

NEW BUSINESS 

Idaho Street Paving; Mr. Bischoff made a motion to move forward on the Idaho Street Paving with Kootenai Paving to do, the work.
Mrs. Williams seconded the motion.
Mr. Orr stated that he thought we could fix the damaged patch for the amount the State was awarding us for flood damage without paving the whole block.  Mayor Roll stated it was a good opportunity to replace a whole block instead of putting patches on it.
Motion Passed.
Mr. Orr opposed.

Gas, Diesel, Propane bid award;
Mr. Bischoff made a motion to award the gas, diesel and propane bid to Moore Oil.
Mrs. Benson seconded the motion.
Mr. Orr asked about the bid amount.
Jim Hammons stated that the bid had increased from last year but Moore Oil was the only bid the city received.
Motion Passed.
Mr. Orr opposed.

Nordicfest Parade street closure;
Mr. Orr made a motion to approved the Nordicfest Street closure for the Nordicfest Parade on September 10, 2011.
Mrs. Lawrence seconded the motion.
Motion Passed

Paul Rumelhart, Lincoln County Port Authority; Mr. Rumelhart spoke to the council about the Port authority loan and what it was used for. Mr. Rumelhart stated that the Port authority had many maintenance bills  with little income during that time except for the loan from the city. Mr. Rumelhart stated that he had a check to present to the mayor for $96,000 and wanted to know what the interest was on the loan so they could see about paying that also.

Ed Levert, Firewise Grant;  Mr. Levert spoke to the council about the Libby Firewise Community in Libby and the surrounding area.  Mr. Levert would like to see more involvement from the city council once a month for 2 hours.  Mr. Levert talked about a western state grant that they want to put in for $250,000 but it is a 50/50 grant.  Mr. Levert stated are still some details that are unknown.  Mr. Levert’s proposal for Libby is to treat the under storage fuels on Bowen Hill.  The other is over by the asphalt plant and Pets for Life about 30 acres that need treatment.  Mr. Levert asked for the support from the city for in kind services.  Mrs. Williams wanted to know what Mr. Levert meant by not mechanized equipment.  Mr. Levert stated that no heavy equipment but maybe a chipper would be used.  Mrs. Benson asked what the time line on the grant was.  Mr. Levert stated August 8th 2011.
Mr. Bischoff made a motion to support the grant application.
Mrs. Lawrence seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

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

Approval of Payroll and Claims for July 2011;
Mr. Bischoff made a motion to approve Payroll and Claims for July 2011.
Mrs. Lawrence seconded the motion.
Motion Passed

Search and Rescue lease renewal;
Mrs. Benson made a motion to approve the lease renewal for Search and Rescue with an amendment to change the legal description.
Mrs. Lawrence seconded the motion.
Motion Passed

Waste Water Improvement Project draw approval;
Mr. Orr made a motion to approve the Waste Water Improvement Project draw.
Mr. Bischoff seconded the motion.
Motion Passed

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES 

Jay Preston and Fred Weber gave a presentation on the “Montana West” Project, a telecommunications fiber optic infrastructure development for Northwest Montana.  Mr. Preston described the economic implications for western Montana.  Mr. Weber talked about the internet hook-up and how it came about in the area and what the project would bring.  They are looking for support from the City of Libby and a letter of support.

ADJOURNMENT 

Meeting was adjourned at 8:12 pm.


APPROVED
THE 1356th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, AUGUST 15, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER

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

No prayer was offered.

Mrs. Lawrence made a motion to approve the minutes from the Regular Meeting August 1, 2011.
Mrs. Williams seconded the motion.
Motion passed

ANNOUNCEMENTS 

The Council decided to have a Special Meeting on Tuesday, August 30, 2011 at 6:00pm for a Public Hearing before the FY-12 budget is finalized.

Council President Bill Bischoff announced that the Ice Cream Social will be at Fireman’s Park on August 30, 2011 at 7:00pm.           

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; None

Personnel; Will discuss

Building; Mrs. Lawrence talked about redesigning the City’s web page.

Water/Sewer; None

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; Mrs. Desch will discuss the Asphalt zipper later during the meeting

City Administrators Report; Jim Hammons reported that the company hired for leak detection has located some leaks.  Mr. Hammons also announced that Kristie Elwood wanted to put up a Banner across Mineral Avenue to try and help the downtown businesses.

Finance; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None

UNFINISHED BUSINESS

Council involvement in the Firewise Community Meetings; Mrs. Lawrence has a conflict and it is hard for her to make the meetings.  She will continue and attend as she can. 

NEW BUSINESS 

Resolution # 1784; setting of the mill levy will be put on the Special Meeting agenda.

Preliminary budget approval;
Mrs. Lawrence made a motion to approved the preliminary budget.
Mrs. Williams seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Approval of Business Licenses received to date;  None

Adopt State MCA on meals and travel;
Mrs. Benson made a motion to adopt the MCA on meals and travel.
Mrs. Lawrence seconded the motion.
Motion Passed

Approval of Union Contract; Mrs. Lawrence spoke to the council about the meetings they had with the Union.
Mrs. Lawrence made a motion to approve the Union Contract.
Mrs. Benson seconded the motion.
Motion Passed

Asphalt zipper purchase; Mrs. Desch stated they had a meeting to discuss the asphalt zipper.  Mrs. Desch stated the asphalt zipper would be an 8 year loan and the payments would not be more than the loader payments.  The asphalt zipper payments will be deferred for one year to allow the loader to be paid off in full before starting the zipper payments.
Mrs. Desch made a motion to approve the purchase of the asphalt zipper contingent on the payments being deferred for one year.
Mrs. Benson seconded the motion.
Council decided to delay the vote until the next meeting.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES 

Laura Tindall of 703 Louisiana Ave. talked to the city about giving toward the close up organization to send students to Washington DC.  Mr. Bischoff stated that it was pretty hard to give public money to organizations but he would be happy to buy a ticket.  Mrs. Lawrence stated that each student has to sell a certain amount of tickets to go.

ADJOURNMENT 

Meeting was adjourned at  7:37pm.


APPROVED
PUBLIC HEARING TUESDAY, AUGUST 30, 2011 @ 6:30PM IN THE COUNCIL CHAMBERS
Mayor Roll called the Public Hearing to order at 6:30 pm.

There was no Public comment on the on the Final Budget for FY-12

The meeting was adjourned at 6:31pm.


APPROVED
SPECIAL COUNCIL MEETING TUESDAY, AUGUST 30, 2011 @ 6:45PM IN THE COUNCIL CHAMBERS @ CITY HALL
Mayor Roll called the meeting to order at 6:45pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mr. Bischoff and Mrs. Lawrence were present. City Clerk Glena Hook was present.  Mrs. Benson was absent.

Resolution # 1784 to fix appropriation for FY-12;
Mr. Bischoff made a motion to adopt Resolution # 1784.
Mrs. Lawrence seconded the motion.
Motion Passed

Resolution # 1785 setting of mill levy for FY-12;
Mr. Bischoff made a motion to adopt Resolution # 1785.
Mrs. Lawrence seconded the motion.
Motion Passed

Mrs. Lawrence made a motion to give all supervisors and City Administrator the same pay increase and insurance increase as the union employees.
Mrs. Williams seconded the motion.
Motion Passed

Elected Officials, Judge and Building Inspector 1.3 COLA;
Mrs. Lawrence made a motion to give the Judge a 1.3 cola.
Mr. Bischoff seconded the motion.
Motion Passed

Meeting adjourned at 6:52pm.

September 6, 2011 | Regular Meeting

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THE 1357th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON TUESDAY, SEPTEMBER 6, 2011 @ 7:00PM 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, Mr. Bischoff and Mrs. Desch were present. City Administrator Jim Hammons, City Attorney Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.

Prayer was offered by Lloyd Miller of the Amish Church.

Mrs. Lawrence made a motion to approve the minutes from the Regular Meeting August 15, 2011 and Special Meeting & Public Hearing on August 30, 2011.
Mrs. Williams seconded the motion.
Motion passed.

ANNOUNCEMENTS 

The 2011 Annual conference of the Montana League of Cities and Towns is October 5th, 6th & 7th.  Pre Registration deadline is September 12, 2011.            

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated she and Mrs. Lawrence were looking at putting together a Cemetery Day in which the City would provide good dirt for the cemetery along with fertilizer and grass seed.  They would try and get people who have loved ones graves that are not growing grass to come and work on their loved ones grave.  They do not have a firm date for the Cemetery Day yet.

Fire; None

Resolutions/Ordinances; None

Personnel; Mr. Bischoff announced that he was trying to schedule a meeting for Thursday and Tuesday.  Mr. Bischoff stated we have the vacancy at the Waste Water that we need to do some interviews for as well as other issues that have come up.  Mayor Roll stated he gave Mr. Bischoff the information that Judge Briggs’ contract is coming due in October of this year and by ordinance council appoints the judge.  Mayor Roll asked that the Personnel Committee talk about it and bring it to council for a decision.

Building; Mrs. Lawrence stated the Building Committee needs to get together and make a decision on some of the requests that Bonnie Morrow of the Montana Athletic Club brought to them.

Water/Sewer; None

Budget/Finance; Mr. Bischoff stated they were still working with Amy Guth on the Keith Kinden loan and she had asked for some more information on the loan.  Mr. Bischoff will discuss what Any Guth needs with the City Clerk.

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; City Administrator, Jim Hammons’ report was put in council packets.  There were no questions from the council.

Finance; City Clerk Treasurer reported that July 2011 has been reconciled. 

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None 

UNFINISHED BUSINESS 

Purchase of asphalt zipper; Mrs. Lawrence asked about paying for the loader out of the ED Funds and paying back ED Fund with interest.  The zipper cost is appr. $136,000.
Mrs. Lawrence made a motion to pay for asphalt zipper out of ED Funds with the same interest offered by the zipper people to be paid back to the ED Fund.
Mrs. Williams seconded the motion.
Motion Passed

NEW BUSINESS 

Resolution # 1786, FY-12 Budget amendment;
Mr. Bischoff made a motion to approved Resolution # 1786.
Mrs. Lawrence seconded the motion.
Motion Passed

Resolution # 1787, Salary & Wages of Elected Officers, Appointed Officers and City Employees;
Mr. Orr made a motion to pass Resolution # 1787.
Mrs. Lawrence seconded the motion.
Motion Passed

Resolution # 1788, FY-11 Budget Amendment;
Mrs. Williams made a motion to pass Resolution # 1788.
Mr. Orr seconded the motion.
Mrs. Lawrence had a question about the decrease in the metered water sales.
City Clerk explained that most of the decrease was because of the summer watering that the council voted to give the water users in the City limits.
Mr. Bischoff asked why we were adjusting the Revenue Budget.
Mrs. Hook answered it was just an end of year clean up.
Mr. Bischoff did not feel that the revenues needed to be adjusted.
Motion did not pass.

COUNCIL ACTION/DISCUSSION 

City of Libby sprinkler system; Mrs. Williams stated they had a meeting with Jack’s Water Works about the sprinkler system.  The recommendation was to go forward and pay for it out of IP or ED Funds.  Mr. Orr asked for a more itemized invoice and asked Jack’s Water works where the broken heads are that were replaced.  Jack answered” in the trash”.  Mr. Orr asked who determined which heads needed to be replaced.  Jack answered” I did”.   Mrs. Williams explained the problems with the sprinkler system and where additional lines should be added. Mayor Roll also talked about the sprinkler system and what it is going to take to get it up and running properly.  Jack from Jack’s Water Works stated that one of the reasons that the system was not working properly was because residential heads were used and were not getting out far enough to water properly.  Mrs. Benson stated that the cemetery in Fireman’s Park is very visible and people are very passionate about both places especially the cemetery and the system needs to be adequate.  Mrs. Benson stated she felt the city should do what needs to be done to get both areas up to par.  Mr. Orr stated he thought we needed to save the sprinkler heads and have itemization on the bills.  Mrs. Benson asked if we could get the bill itemized.  Jack answered yes he would itemize the bills and keep the old sprinkler heads.
Mrs. Williams made a motion to move forward on completing the sprinkler system at the Fireman’s Park and Cemetery.
Mrs. Lawrence seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

Deer problem in the city limits; Mayor Roll discussed the problem with deer in the field near Mahoney Rd.  Mayor Roll stated Lenny Vogel that lives on Mahoney Rd.  had told him there used to be about 14 or 15 deer in the field and now there is like 60 or 65.  Mayor Roll stated that Lenny’s concern was for the safety of the kids that go back and forth to school through there.  Mayor Roll stated that Lenny had approached Fish and Game and they will give a kill permit to folks to kill the deer and take them to the food pantry.  Fish and Game also told Lenny that he would have to talk to the County and the City because it might be a combination of County and City property.  Mr. Bischoff stated he thought it was all County land.  Mayor Roll said he was just bringing this up tonight to get the council to think about an option.

Waste – Water Plant Improvement draw approval;
Mrs. Benson made a motion to approve the Waste – Water Plant Improvement draw request.
Mrs. Desch seconded.
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

Approval of Payroll and Claims for August 2011;
Mr. Bischoff made a motion to approve Payroll and Claims for August 2011.
Mrs. Lawrence seconded the motion.
Mr. Orr stated he would vote against it until he saw an itemized list for the sprinkler system.
Motion Passed.
Mr. Orr voted against the motion.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES 

Lloyd Miller of Meadow Lark Lane, Libby;  Lloyd Miller stated in the event that the city can’t get people to come and work on the cemetery he would like to know because he felt like our community would be interested and would like to talk about it further.  Mrs. Williams said what we need is man power.  Mr. Miller stated he was interested in information at this time.  Mr. Miller will talk to Peggy after the meeting.

ADJOURNMENT 

Meeting was adjourned at 7:37 pm.


APPROVED
SPECIAL COUNCIL MEETING TUESDAY, SEPTEMBER 13, 2011 @ 6:00PM AT RIVER FRONT PARK
The meeting was called to order at 6:00pm by Council President Bill Bischoff.

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

Nick Raines, Bob Rennick, Geoff McKienzie, and Paul Lammers from CDM were present.  Rebecca Thomas and Mike Cirian from EPA were present.   Jeremy Ayala and Jeff Hubbard from th Corps of Engineers were present.  Harvey Fowler and Rob Burton from PRI were present.

Council discussed the Boat Ramp, River Bank remediation and the Utility Corridors at the River Front Park cleanup site with the group that was present from EPA, CDM, PRI and the Corps of Engineers.

The council and the rest of the group toured the areas in question.  EPA would like the council to make a decision on how they would like the boat ramp done, the river bank remediation done and whether the council wants to try and do the utility corridors this year or next spring. EPA also offered to do some further soil sampling along the river bank.   No decisions were made.

It will be put on the next agenda for a decision.

Meeting adjourned at 7:15pm.


APPROVED
THE 1358th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, SEPTEMBER 19, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER

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

No prayer was offered.

Mrs. Williams made a motion to approve the minutes from the Regular Meeting September 6, 2011 and Special Meeting September 13, 2011.
Mrs. Lawrence seconded the motion.
Mr. Orr made a motion to add three things to the minutes of September 13, 2011.
Motion died to lack of second.
Mrs. Lawrence made a motion to add to the September 13, 2011 minutes that EPA offered do some further soil sampling along the river bank.
Mrs. Benson seconded the motion.
Motion passed.
Next back to main motion to approve minutes, motion passed.

ANNOUNCEMENTS

Change Breakfast meetings at the Venture, starting next Wednesday, September 28, 2011

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated she had a meeting with Lloyd Miller and weather permitting on October 2nd which is on a Sunday the Amish Community Church will be canceling its’ service and will be working up at the Cemetery.  Mrs. Williams stated the focus of their work at the cemetery is going to be to try to get grass growing on those graves that either have weeds or spotty grass or no grass.  They will be bring people, possibly a back hoe, rakes, shovels and  wheelbarrows.  Mrs. Williams told them the city would have decent dirt for those areas that might need it, some seed and maybe some fertilizer.  Mrs. Williams stated she would be talking to Jim about doing some other coordination for whatever they may need.  This is all volunteer  community service work.  Mrs. Benson stated she thought the city should send a thank you to the group.

Fire; None

Resolutions/Ordinances; None

Personnel; Mr. Bischoff stated they  interviewed last week for the vacant waste water position and made a recommendation for the position.  Mr. Bischoff stated they also discussed extending Judge Briggs contract which we will cover under new business.

Building; Mrs. Lawrence stated that the committee met and made a recommendation for the requests that Montana Athletic Club has submitted for their building.  Mrs. Lawrence stated every year the city purchases paint for the bathrooms at Montana Athletic Club and they have already done that.   Mrs. Lawrence stated the city purchased new carpeting for them in 2004 and that demonstrates the City has taken a responsibility for the carpeting so the recommendation is that next year the replacement of the carpeting at the Montana Athletic Club be a high priority out of the maintenance budget.  Mrs. Lawrence stated they also discussed the carpets that are in City Hall and feel they are a liability to the city.  Mrs. Lawrence wanted to discuss if there was any way to use ED Fund money to replace the carpeting in City Hall.   Mrs. Lawrence stated they thought the carpeting in the Ponderosa Room needs cleaning and Jim Hammons has been checking into that and got a  bid for $150.

Water/Sewer; Mrs. Benson stated the Committee met on September 15th with City Street Supervisor, Corky Pape and City Administrator Jim Hammons to discuss options for the backhoe repair.  Mrs. Benson had passed out estimates to the council from Payne Machinery on doing repairs on the backhoe.  Mrs. Benson stated that Jim and Corky has spoken personally to 3 of the mechanics at Payne Machinery and the estimate does not cover the engine or tires.  It strictly covers hydraulic work.   Mrs. Benson asked if the city wants to invest this kind of money into an existing old piece of equipment or think about selling both of the city’s old backhoes and purchasing a new one.  Mrs. Benson stated that a rough estimate for a new backhoe would run in the mid to low 80K’s.  Mrs. Benson also stated that she asked the Street Supervisor Corky Pape to attend the next council meeting and should have better estimates then.  Mayor Roll stated he had talked to Jim and Corky and thought the city was going for more of a good used backhoe and that most of the work the city is doing is being done with the excavator.  Mr. Orr asked that the duties of the backhoes the city owns be laid out for the council before a decision is made.  Mayor Roll stated it could be done.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; None

City Administrators Report; Jim Hammons stated he met with Terry Richman and Jeff Cicion from  Morrison-Maierle about the access road at Flower Creek Dam.  Mr. Hammons stated in the beginning we talked about the City doing the access road and we thought we could.  After going through the plan and how technical some of the grades are if it is something we took on it would be a big liability for the City.  Mr. Hammons stated that Terry’s recommendation was that we look at bidding it out and stated that we probably still could do it this year.  Mr. Hammons stated he felt we should have another committee meeting on this.   Mr. Hammons stated that in his report for the next meeting he would have a lot more detail on the access road to Flower Creek Dam.

Mr. Orr asked Jim Hammons about the demand letter the city got back in March from the Helping Center for $40k and wanted to know if it had gone to litigation or is it just languishing or has it been dropped.  City Administrator Jim Hammons stated he had not heard anything about it.  City Attorney Jim Reintsma stated it was languishing as far as he knew.

Finance; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

Mel Parker owner of Raintree Nursery came forward with pictures and stated to the council his disagreement with the EPA over the cleanup of his property (the former Raintree Nursery site.)   Mr. Parker stated that there has never been a risk assessment done on his property after the cleanup and asked the council if they really wanted to let city property be cleaned up knowing they will have to deal with institutional controls when this is all done?

UNFINISHED BUSINESS

Decision on Boat Ramp, River Bank remediation and possibly Utility Corridors at River Front Park clean-up site; Boat Ramp, discussion; Mrs. Williams asked, has the EPA tested the soil at the Boat Ramp and stated that Rebecca Thomas was suppose to get back to us on it.  Mr. Bischoff asked if Mrs. Williams wanted to wait until she got the report from Rebecca before meeting.  The council discussed the boat ramp.  Mr. Orr stated if the city went with the interlocking blocks he wanted to make sure that impermeable fabric liner be used to prevent microscopic fibers from coming through the interlocking blocks.
Mrs. Williams made a motion to proceed with the interlocking blocks on the Boat Ramp providing that impermeable fabric liner be used.
Mr. Bischoff seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

River Bank remediation; Mrs. Williams, in response to Mayor Roll’s question, stated that  EPA had talked about doing some ambient air testing around the River Bank remediation area.  Mrs. Williams asked to speak about the river bank in sections starting with the boat ramp to the pump house; Mrs. Williams stated that most of the discussion with EPA indicated that EPA was going to remediate that section.  Most of the council agreed that samples have shown trace amounts of vermiculite from pump house to the bridge.
Mrs. Williams made a motion to approve remediation from the boat ramp to the trail with final design approval and to address the slope.
Mrs. Desch seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

From path to under the bridge; Most of the Council wanted to wait for air samples before making a decision from the path to under the bridge.
Mr. Orr made a motion to remediate the section from the path to under the bridge.
Motion died from lack of second.
Mr. Orr made a motion to ask for indemnity on this site.
Motion died from lack of second.

Mayor Roll stated he thought the city should wait until next spring to lay the sewer lines. 

NEW BUSINESS

Judge Briggs contract for new year; Mr. Bischoff stated that the committee recommends the extension of Judge Briggs contract for four years.
Mrs. Lawrence made a motion to extend the contract for four years.
Mrs. Benson seconded the motion.
Motion Passed

Resolution # 1789, resolution relating to Sewer System Revenue Bond;
Mrs. Williams made a motion to approve Resolution # 1789 relating to the Sewer System Revenue Bond.
Mrs. Lawrence seconded the motion.
Mrs. Williams, Mrs. Lawrence, Mr. Orr, Mrs. Benson, Mrs. Desch and Mr. Bischoff voted to approve Resolution # 1789.
Motion Passed

Resolution # 1790, FY-11 Budget Amendment;
Mrs. Benson made a motion to approve Resolution # 1790 Budget Amendment.
Mrs. Desch seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

COUNCIL ACTION/DISCUSSION 

Planning Board updates on subdivision; Kristin Smith, County Planning, spoke to the council about the Planning board updates.  Kristin Smith stated that drafts of the updates were in the council packets.  Mrs. Smith touched on some of the highlights of the updates.  Pg. 37, roads, street and lights, table on next page, design, standard curb, gutters, street parking, sidewalks.  Pg. 39 table 2 is new table, distinction between urban streets and suburban streets, pg 40 maintenance and warranty of improvements, pg 41, water supply, all new subdivisions to have city water and sewer.  Pg. 43 concerns park land dedication, construction of paths and trails in suburban street sections.  Kristin Smith stated the next step is the public hearing and then adopt the updated plan.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES 

None

ADJOURNMENT

Meeting was adjourned at 8:07pm.

October 3, 2011 | Regular Meeting

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THE 1359th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 3, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER

The meeting was called to order at 7:00pm 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 Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.

Prayer offered by Robert Mast.

Mrs. Lawrence made a motion to approve the minutes from the Regular Meeting September19, 2011.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS 

Mayor Roll announced he would be gone a few days this week to the MLCT Convention in Billings.  Mayor Roll stated Jim and the County crew went up to look at the site for the Flower Creek road.  Mayor Roll stated we should hopefully be able to do the road but it is getting late in the season.            

COMMITTEE REPORTS

Cemetery/Parks; Mrs. Williams stated the Amish came on Sunday, October 2nd and worked on the cemetery.  Mrs. Williams stated they did a lot of work on the grave sites.  A card is to be sent in appreciation.

Fire; Tom Woods Fire Chief stated there were 6 fires in the City but nothing of any major significance.  Chief Woods also stated they are putting the roof on the Memorial in Fireman’s Park if anyone wanted to stop down and take a look.

Resolutions/Ordinances; None

Personnel; None

Building; Mrs. Lawrence stated there was something she wanted to discuss when we talked about the Business Licenses.  Mayor Roll asked Mrs. Lawrence if she ever came up with any more information on the lighting on the streets (assessments).  Mrs. Lawrence stated she had talked to Kristin about it and would remind her of it again.

Water/Sewer; Mrs. Benson stated at the last council meeting she brought up the backhoe repair and handed everyone an estimate from Payne Machinery.  Mrs. Benson stated the minimum estimate was $40,000 and Corky Pape Street Supervisor was here tonight to answer any questions the council may have.  Mr. Orr asked corky what the three machines the city owned was used for.  Mr. Pape answered the 580 Case was dedicated for use in the cemetery,  the 680 Case was used for Water Distribution/Street Maintenance and the little one the 380 was used for maintenance at City Hall and for back-up. Mayor Roll asked which backhoe, was the city looking at rebuilding.  Mr. Pape answered the 680 as it was the one in the best shape. Mayor Roll stated they had talked about looking for a used backhoe.  Mr. Pape stated they had put some feelers out and are waiting to see what they get back.  Mr. Orr asked if the excavator has made a big difference.  Mr. Pape answered yes we use it a lot.  Mayor Roll suggested that some of the IP money be used for a backhoe.  Mrs. Lawrence asked how old the backhoes were.  Mr. Pape said from the 1980’s except the little one he didn’t know.  Mrs. Benson asked if one of the options were to sell all three of them and buy one that is multiuse.  Mr. Pape answered the 580 and the 680 were to be sold and the little one to be kept as a back-up.  Mayor Roll asked Mr. Pape about going up to the Dam site and doing a little checking.  Mr. Pape answered that he did two digs about 7 feet and didn’t find any bedrock.  Mayor Roll asked how far down can we go before we hit below the water level.  Mr. Hammons answered 7 feet was probably pushing it on the lower pad.  Mayor Roll stated the reason he brought this up was because they had a meeting this morning and we have to have bedrock for the pad to set the crane up to work on the Dam so we may have issues.  Mayor Roll stated that the backhoe would be put on the next agenda and the suggestion was to sell two and look for a used backhoe.  Mrs. Benson stated the sludge press has arrived.

Budget/Finance; Mr. Bischoff stated on the Keith Kinden loan, Glena sent Amy Guth some additional material that she requested and he has not heard back from her yet.

Police; Chief Smith stated that the summer was pretty slow, down to 200 case reports a month, but September bounced up to over 300.  Chief Smith stated we did 340 case reports this month, 35 arrests and 28 citations.   Mrs. Lawrence stated she heard a rumor that there was a mountain lion near Chief Smith’s house.  Chief Smith stated yes there were two, called and reported at Poplar and Louisiana.

Lights/Streets/Sidewalks; None

City Administrators Report; Jim Hammons stated he had put his report in the council packets and asked if there were any questions.  Mr. Orr asked about the fire wise project and asked if we were committing any funds to the project.  Mr. Hammons stated no we are not.

Finance; City Clerk Glena Hook announced that she had reconciled for August 2011.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None

UNFINISHED BUSINESS

Remedial and Restoration Agreement at OU1; Mayor Roll stated that last week EPA came to him and they handed him the remedial restoration agreement which council had in their packets.  Mayor Roll stated it was based on what the council had asked for a long time ago.  The plan that came out last week was emailed to Melissa of WGM.  Melissa of WGM looked it over and stated in her opinion that everything in general was where it should be.  Mr. Orr stated that at one point we had a building in our plans where the railroad spur was and stated he thought we were going to have utility corridors there.  Mayor Roll asked if it was on the plans.  Mr. Orr stated it was not on the plans.  Mr. Hammons stated the sewer lines goes over there but not the water line but it is something that can be done later.
Mr. Bischoff made a motion to adopt the agreement.
Mrs. Lawrence seconded the motion.
Mr. Orr read number 3 of the Remedial and Restoration Agreement.
Mr. Bischoff amended his motion to add, any major changes that occur in design must go though the council.
Mrs. Lawrence seconded the amended motion.
Mr. Orr made a statement about EPA expanding the Search and Rescue parking lot and instead of digging down 18” they just spread some gravel over it.
Mrs. Benson committed on Mr. Orr’s statement about the Search and Rescue parking lot and stated her concerns about the possible violation and stated she thought it should be corrected.
Mr. Orr went on the state that the EPA violated the work plan.
Mr. Orr made a motion that we amend article #1 with another bullet point to state that any violations of the Record of Decision of Removal Action Work Plan, Remedial Design drawings must be addressed immediately upon the concern being brought to Jim Hammons or Mayor Roll.
Mrs. Benson seconded the motion.
Mr. Bischoff asked who would make the determination if they are in violation would it be Mr. Orr, Mr. Mayor or the engineer.
Mayor Roll announced if it was brought to us then we would make the determination.
Council vote on the first motion and amendment to the motion by Mr. Bischoff;
Motion Passed.

Council vote on Mr. Orr’s second amendment to the motion;
Mrs. Williams voted nay, Mrs. Lawrence voted nay, Mrs. Benson voted nay, Mrs. Desch voted nay, Mr. Bischoff voted nay,  Mr. Orr voted yes.
Motion did not pass.

Mr. Orr made a motion to amend the first motion to add that if the city’s representation determines there is a violation in the restoration that the city could demand a work stoppage to correct the problem.
Mrs. Williams seconded the motion.
Motion Passed.

NEW BUSINESS

Kootenai Pets for life Rummage Sale, Eileen Carney; Eileen Carney spoke to the council about Kootenai Pets for life and explained to the council some of the background of what they do for the community and many things that Kootenai Pets for Life does that is not reimbursed.  Eileen Carney stated one of the ways they earn money is to have a rummage sale in the Ponderosa Room and asked to have the fee for renting the Ponderosa Room waved.
Mr. Bischoff made a motion to wave the $200 rental fee for the Ponderosa Room for the Kootenai Pets for life.
Mrs. Williams seconded the motion.
Motion Passed

Jacks Water Works bill; Mrs. Williams stated they have not had a chance to have a committee meeting to discuss the bill.
Mrs. Williams made a motion to pay the Jacks Water Works bill out of general fund Parks and Cemetery at this time and if there is a problem with the budget later that it be addressed at that time.
Mr. Orr seconded the motion.
Motion Passed

U Serve Libby, Inc., Terry Oedewaldt, on backboard next to community tennis courts; Terry Oedewaldt spoke to the council about constructing a backboard at the community tennis courts.  Mr. Oedewaldt stated they were not positive where the property line was for the U Serve lease and they were hoping they could permission from the council to construct the backboard and possibly use a little city property. Mayor Roll asked if we need to determine the property line.  Mrs. Williams stated yes.  Mrs. Williams asked if there was irrigation on that property.  Mr. Oedewaldt answered yes there was.  Mrs. Williams wanted to make sure the backboard would not damage the trees or the irrigation system.  Mr. Oedewaldt stated that it could be moved.
Mr. Orr made a motion that the action be approved pending the verification of the property boundaries with the caveat that the council would be agreeable to amending the  lease to include the extension of the property boundaries if needed.
Mr. Bischoff seconded the motion.
Mrs. Benson asked if all the funding was in place at this time.
Mr. Oedewaldt answered yes except for possibly the wood for the backboard itself.
Motion Passed

Montana Sky Net; Fred Weber from Montana Sky Networks talked to the council about purchasing the fiber optic line from Kalispell to the hospital in Libby.  After the purchase Mr. Weber stated he went to the telecommunications provider Windjammer and was informed that Windjammer was going to close their Libby Office.  Mr. Weber would like to buy Windjammer telecommunications and asked the council for a letter of endorsement for their RUS application (from the US Department of Agriculture).  Mr. Weber explained this was a loan application and Montana Sky Net was looking for an endorsement from the city to the guys at USDA showing that the community was interested in having a local entity bring back local services to the community.  Mr. Weber stated the City has to approve the franchisee of the cable system.  Mayor Roll wanted to clarify by stating a letter of support could be written if the council chooses to do so but the franchise fees and all the other things need to wait until the next meeting, because there are a lot of questions and council needs to review the old franchise.
Mr. Orr made a motion to agree to write a letter of support for the project funding.
Mrs. Benson seconded the motion.
Mr. Bischoff asked Mr. Weber if all the band width that you are bringing in is going to be available at wholesale rates to other providers.
Mr. Weber answered yes it will be.
Motion Passed.
Mayor Roll stated this would be put on next agenda.

COUNCIL ACTION/DISCUSSION

Cabinet Heights Golf Course Loan; Mr. Bischoff stated he thought the letter Cabinet Heights Golf Course sent us is tell us they are trying to move forward.  Mayor Roll stated it was to be put on the next agenda.

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.
Mrs. Lawrence spoke about one of the business licenses and wanted to make a conditional approval that the license be contingent on that business receiving their license from the state and bringing it into the city for proof.
Mr. Bischoff amended his motion to include Mrs. Lawrence’s conditions.
Mr. Orr seconded the motion to amend.
Motion with amendment Passed

Approval of Payroll and Claims for September 2011;
Mr. Bischoff made a motion to approve payroll and claims for September 2011.
Mr. Orr commented that our vendors need better itemization of their bills.
The council discussed Mr. Orr’s comment.
Mrs. Desch seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES

None

ADJOURNMENT

Meeting was adjourned at 8:27 pm.


APPROVED
THE 1360th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 17, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER

The meeting was called to order at 7:00pm by Council President Bill Bischoff 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 Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.  Mayor Roll was absent.

Prayer was offered by Roy Yoder of the Amish Church

Mr. Orr made a motion to approve the minutes from the Regular Meeting October 3, 2011with any corrections that may come up.
Mrs. Lawrence seconded the motion.
Mr. Orr pointed out there were some spelling issues with different spellings of Oedewaldt under new business.  Mr. Orr also brought up under the unfinished business that he had brought up the fact that the Mayor had signed the access agreement without a vote of the council and it did not make it into the minutes.  Mr. Orr wanted these things put in the minutes as corrections.
Mrs. Lawrence withdrew her second.
Motion died from lack of second.
Mrs. Lawrence made a motion to approve the minutes from October 3, 2011.
Mrs. Williams seconded the motion.
Mr. Orr made a motion to correct the spelling of Oedewaldt in the minutes from Regular Meeting October 3, 2011.
Mrs. Benson seconded the motion.
Motion passed to correct the spelling of Oedewaldt.
Motion passed to approve the minutes.
Mr. Orr opposed the motion to approve the minutes.

ANNOUNCEMENTS

COMMITTEE REPORTS

Cemetery/Parks; none

Fire; None

Resolutions/Ordinances; None

Personnel; None

Building; None

Water/Sewer; Mrs. Benson stated the committee met earlier today with Vic White of Lincoln County EMA to discuss the gauging station.  Mrs. Benson stated Mr. White would like to get the gauging station back up and running and feels it is important. The gauging station is located above Flower Creek Dam.  The gauging station would be used to collect data and make predictions prior to hazards occurring.  Mrs. Benson stated that Mr. White has met with the commissioners and got their support.  A quote was handed out to the council.  Mrs. Benson stated that out of the $10,220 quote the County would pay for half of that.  Mrs. Benson stated Mr. White would like to move forward on this as soon as possible so Mrs. Benson would like to have a special meeting with the rest of the council on October the 24th at 5:15pm.

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; Mrs. Desch stated they have been working with Brian Zimmerman on replacing some sidewalks that he had taken out.  Mr. Zimmerman wanted to know how much the city could help him with this.  The committee told him that he would be given $6 per linear foot of sidewalk he replaced which is city policy.  The committee also told Mr. Zimmerman that the city would give him a few dollars for the removal of the sidewalk.  Mrs. Desch stated the city’s total reimbursement to Mr. Zimmerman came to $900.  Mr. Zimmerman refused the offer because he wants the city to pay $1,600.  Mr. Zimmerman has asked to have one more meeting with the committee.  The committee will met with Mr. Zimmerman and try to come up with a way to resolve the problem and bring it before the council.

City Administrators Report; Jim Hammons City Administrator stated he talked to Ryan Jones, of Morrison-Maierle today and Mr. Jones wants to talk to council on November 21st  at 6:00pm before our regular council meeting to discuss the process of how much further they are  on the Flower Creek Dam Project.

Finance; None

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None

UNFINISHED BUSINESS

Montana Sky Net, franchise fees and curb & sidewalk work; Council Chair Bill Bischoff put the franchise fees concerning Montana Sky Net into the finance committee and asked Jim Hammons and Corky Pape to take a look at the area and to  report to the Sidewalk Committee.  Mr. Orr stated he wrote a letter of support for Montana Sky Net’s project and would like City Clerk, Glena Hook to scan it and email it out to the council who could make changes as they see fit.

Kristin Smith, County Planning Director gave an update to the council on the Cabinet Heights Golf Course Subdivision.  Kristin Smith talked to the council about further extending the Cabinet Heights Golf Course Subdivision.  With the request was an amended phasing plan which anticipated the changing market. Ms. Smith stated she thought they tried to anticipate councils desire to see some action (activity) up there. Ms. Smith stated what they’re proposing has to be mutually agreed upon so she prepared some draft conditions for the council to consider as part of the extension.  Mr. Bischoff asked if there was a time limit.  Ms. Smith stated there was no time limit for the council to act and they got their request in on the deadline.  Mr. Bischoff stated as a council person he would like some time to do some research before acting upon the request.  Mr. Orr asked who has all the records of this.   Ms. Smith stated all she had was the file in hand.

Cabinet Heights Golf Course Loan; Was not discussed

NEW BUSINESS

Lisa Block, Christmas Parade, 293-3116;  Lisa Block of 613 Fish Hatchery Rd. asked for a street closure on Mineral Ave. on December 9, 2011 between the hours of 5:00pm and 6:30pm for the Christmas Parade.
Mrs. Benson made a motion to approve the street closure request.
Mrs. Lawrence seconded the motion.
Motion Passed

Robert Rasmussen, Stimson Conservation Easement; Robert Rasmussen of  32 South Ewing St. Helena, Mt. Mr. Rasmussen addressed the council concerning Stimson selling a conservation easement on 28 thousand acres of their land in the Lake Creek and Kootenai Valley area.  Mrs. Lawrence asked why Stimson needed 15 million dollars and asked why couldn’t Stimson log their land the way they want it and still leave it open to the public without a conservation easement. Mr. Rasmussen stated that the conservation easement was in perpetuity and Stimson’s compensation was basically buying development rights from Stimson.  The council had several more questions and comments about the Stimson Conservation Easement concerning public access and restrictions put on the conservation easement.

Kendra Lind, Emergency Ordinance (Resolution) for sole source of heat;   Kendra Lind assistant Sanitarian of Environmental Health, Lincoln County talked to the council about people with  wood being their sole source of heat being able to burn wood for heat during an air pollution alert.
Mrs. Lawrence made a motion to approve Resolution # 1791 to allow burning of wood during an air pollution alert for people with wood being their sole source of heat.
Mr. Orr seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Waste Water Plant Improvement Project Draw; Mrs. Benson made a motion to approve the Waste Water Plant Improvement Project Draw.
Mrs. Lawrence seconded the motion.
Motion Passed

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

Kristin Smith, update on the golf course subdivision; Spoke earlier in the meeting

Decision on river bank at OU1;
Mrs. Williams made a motion to do total restoration to the riverbank.
Mrs. Desch seconded the motion.
Mr. Orr wanted to know what the difference is when trees were left at the west side of the property.  Mrs. Lawrence felt the remedy was extreme.  Mrs. Benson talked about the riverbank restoration and the all or nothing attitude and agrees with Mrs. Lawrence that the remedy is severe.
After more discussion between the council Mrs. Williams withdrew her motion.
The council will look into the remedy further by asking for other opinions.

Jim Hammons, lighting at City Hall; City Administrator Jim Hammons spoke to the council about retrofitting the lights at City Hall and the cost savings of doing so.  There was a cost estimate in the council packets.
Mrs. Williams made a motion to proceed forward with the relighting project at City Hall.
Mrs. Lawrence seconded the motion.
Motion Passed

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES 

None

ADJOURNMENT

Meeting was adjourned at  8:05pm.


APPROVED
SPECIAL COUNCIL MEETING MONDAY, OCTOBER 24, 2011 @ 5:15PM IN THE COUNCIL CHAMBERS @ CITY HALL
Mayor Roll called the meeting to order at 5:15pm.  Mrs. Williams, Mr. Orr, Mrs. Desch, Mrs. Benson, Mr. Bischoff and Mrs. Lawrence were present.  City Administrator Jim Hammons and City Clerk Glena Hook were present.

The Council discussed the gauging station above Flower Creek Dam.  A handout was provided explaining the benefits of having the gauging station and a quotation of the cost of the gauging station.
Mr. Bischoff made a motion to approve ½ of the cost of the gauging station up to $5100 to be paid out of the IP Settlement Fund.
Mrs. Desch seconded the motion.
Motion Passed Meeting adjourned .

November 7, 2011 | Regular Meeting

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THE 1361st REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 7, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER
The meeting was called to order at 7:00pm 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 Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.  Mayor Roll was absent.
Prayer was offered by Roy Yoder of the Amish Church
Robin Benson made a motion to approve the minutes from the Regular Meeting October 17, 2011and Special Meeting October 24, 2011.
Mrs. Williams seconded the motion.
Motion Passed
ANNOUNCEMENTS 
Mayor Roll announced the appointment of Janelle Lacefield to the Planning Board.
Mayor Roll brought a handout for the council to look at concerning tourism.
Mayor Roll also announced that November 25, 2011 would be the official Christmas tree lighting on Mineral Avenue.           
COMMITTEE REPORTS
Cemetery/Parks; None
Fire; Fire Chief Tom Woods stated that he had nothing of significance to report.
 Resolutions/Ordinances; None
Personnel; None
Building; None
Water/Sewer; None
Budget/Finance; None
 Police; Police Chief Jim Smith reported 315 case reports, 21arrests and 49 citations for the month of October 2011.
Lights/Streets/Sidewalks; Mrs. Desch stated they had a meeting with Brian Zimmerman and will report when it comes up on the agenda later.
 City Administrator; Jim Hammons stated they had talked about the curb on 5th Street Ext.  Corky and Jim went and looked at the site.  Jim stated it was about 250 ft. that would need curb in order to get the water to drain off the street to the storm drain in the highway.  Jim stated he contacted three contractors for bids.
Finance; City Clerk-Treasurer Glena Hook reported that she had finished reconciling for September 2011, had updated the IP Settlement report and put September 2011 budgets in the council packets.  Mrs. Hook also reported that the City of Libby had sadly lost their cleaning lady, Patty Thompson to cancer.  Patty’s daughter Marcie is cleaning in Patty’s place until we have a new cleaning contract.   A call for bids for the cleaning contract has been put in the paper and we should have someone by the end of November 2011.
HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES
None 
UNFINISHED BUSINESS
Mike Fraser, Consulting Engineer; Mike Fraser gave a report to the council on his offer of consulting services.  Mrs. Benson asked if we had to have a contract or could the city use Mr. Fraser on a case by case basis. Mr. Fraser stated he thought we needed a contract because that covers responsibilities, how we communicate and says yes I have liability coverage and yes I have a workman’s comp certificate.  Mr. Fraser, as a professional thought we needed that kind of arrangement.
Zimmerman, sidewalks;  Mrs. Desch reported that the committee got together with Brian Zimmerman and stated the committee recommended that the city give him $310.00 to help with sidewalk removal and $6.00 per linear ft. of sidewalk which is 115ft.  The total comes to $1,000.
Mrs. Lawrence made a motion to accept the recommendation of the council.
Mr. Bischoff seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.
Cabinet View Subdivision extension and conditions; Kristin Smith, Planning Director Lincoln County went over some recommendations to the Cabinet View Subdivision extension and stated a handout was put in the council packets.  Dan Rohrer, Cabinet Heights Golf Club talked to the council about the conditions for the subdivision extension.  Doug Kauffman, consultant TD & H stated they were providing technical assistance for Cabinet Heights Golf Club.   Mr. Kauffman stated they have no problem with recommendation number five, six and seven.  It is number four that they have a problem with.  Mr. Kauffman stated the Cabinet View people have gone back and reviewed their minutes and can not find anything in their minutes that states they would be responsible for 1/3 of the sewer extension.  Mr. Rohrer asked if the city lost some grant money on the Cabinet Heights sewer project.  Mayor Roll stated yes the city did loose grant money because the project bid came in lower than expected.  Mayor Roll stated he would like to meet with the Cabinet Heights Golf Club members, mayor and council from the past who were a part of the original discussion.  Kristin Smith stated there was no time frame to approve this extension.
NEW BUSINESS
Resolution # 1792 to transfer IP funds per council;
Mrs. Lawrence made a motion to approve Resolution # 1792.
Mrs. Williams seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.
Helen Clark-Barr of 214 Colorado came forward and asked council for a variance at 719 Idaho to open a jewelry store.  Mrs. Williams stated there is a question on whether the council can grant temporary variances and would like the City Attorney Jim Reintsma to give a legal opinion as to whether it is possible.  The Mayor stated he wanted to hold off until next meeting to give the City Attorney time to do some investigating.
COUNCIL ACTION/DISCUSSION 
Approval of Business Licenses received to date;
Mr. Orr made a motion to approve the Business License received to date.
Mr. Bischoff seconded the motion.
Motion Passed
Approval of Payroll and Claims for October 2011;
Mrs. Lawrence made a motion to approve payroll and claims for October 2011.
Mrs. Williams seconded the motion.
Motion Passed.
Escudero, Pet at Utah house;,br> Mr. Bischoff made a motion to allow the Escudero’s to have a Pet dependent on a damage deposit of $250.
Mrs. Desch seconded the motion.
Motion Passed.
Denise Hanson of Morrison Maierle 125 School House Loop, Kalispell, spoke to the council about the Block 11 water main project.  Ms. Hanson stated it has reached substantial completion.  Ms. Hanson also stated that the Wastewater Plant Project is just about wraped up.  There were two problems, the type of Polymer that was used and the motor on the conveyer was not working.  There is no substantial completion at this time on the Wastewater Plant Project.
HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES
Kristin Smith of  1523 Dakota, Libby, wanted to remind the council that on November 21st, 2011 there will be a public hearing for the subdivision.
ADJOURNMENT
 Meeting was adjourned at 8:25pm.
 


APPROVED
THE 1362nd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 21, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS
CALL TO ORDER

The meeting was called to order at 7:00pm 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 Administrator Jim Hammons, City Attorney Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.  Mrs. Lawrence was absent.

Prayer was offered by Robert Mast.

Mrs. Williams made a motion to approve the minutes from the Regular Meeting November 7, 2011.
Mr. Bischoff seconded the motion.
Motion Passed

ANNOUNCEMENTS

Mayor Roll reminded everyone that the Christmas Tree Lighting will be this Friday November 25, 2011at 6:00pm at the end of Mineral Avenue.            

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; None

Resolutions/Ordinances; Mrs. Williams stated it was put into the Resolution/Ordinance Committee to look into the cable franchise change requested by Fred Weber of MontanaSky West LLC.  Mrs. Williams said she had been consulting with City Attorney Jim Reintsma concerning the franchise change. City Attorney, Jim Reintsma stated he read over the paper work and it seemed fine.  There is to be a Public Hearing at 6:45pm concerning the franchise change on December 5, 2011.  The resolution to adopt the change will be put on the next agenda December 5, 2011 also.  Mrs. Williams stated she had requested a Resolution/Ordinance Committee Meeting next Tuesday to address whether the 1.5% Franchise Fees should be increased and stated it could go up to as much as 5%.

Personnel; None

Building; None

Water/Sewer; None

Budget/Finance; None

Police; None

Lights/Streets/Sidewalks; Mrs. Desch stated, the committee had a meeting last Thursday and with Corky Pape, Glena Hook and Jim Hammons about the backhoe.  Mrs. Desch stated she would like to be put on the next agenda to give a recommendation.

City Administrator; Jim Hammons stated the technician from Huber (screw press) is in town working on polymer and Mr. Hammons is hoping to get a run on it tomorrow to see how it will turn out.  Mayor Roll stated he wanted Mike Fraser Consulting Engineer to go on the next agenda.

Finance; City Clerk-Treasurer Glena Hook reported that she had finished reconciling for October 2011.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None 

UNFINISHED BUSINESS 

Helen Clark-Barr, variance; Mayor Roll stated it had come to the city’s attention that a variance could not be granted to Helen Clark-Barr at this time.  City Attorney Jim Reintsma explained the zones are there for a reason and stated that this variance would fall into spot zoning which is impermissible per Montana Supreme Court.  Helen Clark-Barr wanted to know about the other businesses that have a variance.  Mayor Roll stated that it is something that the city will have to look into.
Mr. Orr made a motion to grant the variance.
Motion died from lack of second.

City subdivision regulations;
Mrs. Williams made a motion to approve the subdivision regulations that was presented by Kristin Smith during the Public Hearing.
Mrs. Desch seconded the motion.
Motion Passed.
Mr. Orr voted against the motion.

NEW BUSINESS 

Resolution # 1793 Firewise Project, RC & D;
Mrs. Benson made a motion to approve Resolution # 1793.
Mrs. Williams seconded the motion.
Motion Passed

Riverbank Rip-Rap placement under bridge at River Front Park;
Mr. Bischoff made a motion to leave the area in question flat after the EPA cleanup.
Mr. Orr seconded the motion.
Motion Passed

COUNCIL ACTION/DISCUSSION

Approval of Business Licenses received to date;
Mr. Orr made a motion to approve the Business License received to date.
Mrs. Williams seconded the motion.
Motion Passed

 HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES

None

ADJOURNMENT

Meeting was adjourned at 7:25pm.


APPROVED
PUBLIC HEARING
MONDAY, DECEMBER 5, 2011 @ 6:45PM
IN THE COUNCIL CHAMBERS
Mayor Roll called the Public Hearing to order at 6:45 pm.

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

Joseph Sullivan from Montana Sky Net wanted to state his support of the Montana Sky West and Windjammer Communication franchise transfer.

There was no more public comment.

The meeting was adjourned at 6:48pm.

December 5, 2011 | Regular Meeting
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December 5, 2011 | Public Hearing

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PUBLIC HEARING

MONDAY, DECEMBER 5, 2011 @ 6:45PM

IN THE COUNCIL CHAMBERS

Mayor Roll called the Public Hearing to order at 6:45 pm.

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

Joseph Sullivan from Montana Sky Net wanted to state his support of the Montana Sky West and Windjammer Communication franchise transfer.

There was no more public comment.

The meeting was adjourned at 6:48pm.


THE 1363rd REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, DECEMBER 5, 2011 @ 7:00PM IN THE COUNCIL CHAMBERS

CALL TO ORDER

The meeting was called to order at 7:00pm 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 Jim Reintsma and City Clerk Treasurer Glena L. Hook were also present.

Prayer was offered by Tony Shaw of the Baptist Church.

Mrs. Benson made a motion to approve the minutes from the Public Hearing November 21, 2011 and the Regular Meeting November 21, 2011.  Mr. Bischoff seconded the motion.  Mrs. Lawrence abstained because she was not present at the meetings.  Motion Passed

ANNOUNCEMENTS

Mayor Roll announced this will be the only meeting in December and the  next meeting will be on the first Tuesday in January.

Mrs. Lawrence announced that City Administrator Jim Hammons was supposed to announce during his report that the city had received a couple of grants for trees.  Since Mr. Hammons was not present Mrs. Lawrence announced the grants, one is a $5800 DNRC-Community Development Grant to be used at River Front Park and a $750 Arbor Day Grant which will give a total of $6300 for trees next year.

COMMITTEE REPORTS

Cemetery/Parks; None

Fire; Fire Chief, Tom Wood stated there were 10 calls last month.

Resolutions/Ordinances; None

Personnel; None

Building; Mrs. Lawrence stated the person developing the web site said he should have a draft available for us to look at possibly this week.

Water/Sewer; Mrs. Benson stated she had two issues.  The first issue is that the property owner, Fabeck,  located at 210 West Poplar Street used the property as a rental and in October or 2010 there was a large water usage of 147 thousand gallons.  Mrs. Benson stated that Tanya Gehrke was in contact with Fabeck and tried to work with him during the time Faybeck owned the property.  During this time the water could have been turned off by the city forcing Faybeck to pay the city of the overdue water bill.  Fabeck defaulted on the property and it reverted back to the first owner, Julie Hopfer, around August of 2011.  After a certain amount of time late water bills follow the property and are put on a tax lien, so this water bill has stayed with the property.  Julie has since sold the house to another couple.  There is a chance that an angry renter turned on the water spigot and left.  There were no invoices produced for fixing broken pipes brought to the city as the city has a onetime water usage credit given to customers that bring in receipts proving they have fixed a leak in their water pipes or toilet.  The city crew also checked the house for broken pipes and found none.  The water/sewer committee recommends waving all fees and penalties reducing the water bill from $841.60 to $420.80.  This is to be put on the next agenda for a council vote.  Second Mrs. Benson stated Ron Carter’s tax bill is showing a delinquent sewer amount of $460.58.  Mrs. Benson stated the house in question is not using sewer at this time.  The city’s policy is that all homes or businesses in the city limits continue to pay the base sewer rate unless the sewer line is capped off.  The water/sewer committee recommends the entire sewer bill is owed.  This is to be put on the next agenda for council vote.  Mrs. Benson also stated that Mrs. Lawrence has information on what other cities do with their water and sewer bills if anybody is interested she will get the information to them.

Budget/Finance; None

Police; Police Chief Jim Smith stated there were 261 case reports, citations 38, arrests 26 for the month of November.  Chief Smith also commented that they have done compliance checks with the local bars in town for underage drinking and only one bar in town failed the test.

Lights/Streets/Sidewalks; None

City Administrator; None

Finance; Liquor and gaming licenses have went out for 2012.

HEAR THE PUBLIC FOR ITEMS ON THE AGENDA LIMITED TO THREE MINUTES

None

UNFINISHED BUSINESS

Backhoe for City, new or used what price and where to pay from; Mrs. Desch stated the committee met and after discussion would like to recommend buying a new backhoe and using IP money to purchase it.  Mr. Bischoff made a stated that he thought the city should go to bid.  Mrs. Lawrence made a motion to pay for the backhoe out of the IP Fund.  Mrs. Williams seconded the motion.  Motion Passed

Mike Fraser engineering support; Mr. Bischoff made a motion to go forward with the contract for engineering consultation support from Mike Fraser with the stipulation of having a one year contract.  Mrs. Williams seconded the motion.   Motion Passed.  Mr. Orr voted against the motion.

NEW BUSINESS

Resolution # 1794, franchise transfer; Mr. Bischoff made a motion to adopt resolution # 1794.  Mrs. Desch seconded the motion.  Motion Passed.

COUNCIL ACTION/DISCUSSION

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

Approval of Payroll and Claims for November 2011; Mr. Bischoff made a motion to approve payroll and claims for November 2011.  Mr. Orr seconded the motion.  Motion Passed.

HEAR FROM THE PUBLIC LIMITED TO THREE MINUTES

Terry Richmond of Morrison-Maierle wanted to thank the council for all the business the city has given them this past year.

Ryan Jones of Morrison-Maierle stated the Waste Water Treatment Plant is in compliance.  The sludge press has some problems.  The conveyor issue is resolved.  The polymer issue has been changed but still is not working.  Mrs. Lawrence asked Mr. Jones what the difference of cost of the neat polymer compared to the polymer that was being used before.  Mr. Jones stated the waste water plant is using about $4000 in polymer a year and we won’t know for sure until we pilot test the new neat polymer that the difference in cost will be.  Mr. Jones stated their estimates are that the city will be spending about $4000 to $5000 a year for the neat polymer. Mrs. Benson wanted to know if the product from the sludge was marketable. Mr. Jones stated Hamilton gives it away.  Mayor Roll wanted to give Ryan Jones a personal thank you, for the work he has done for the city for about the past two years.

ADJOURNMENT

Meeting was adjourned at 7:45pm.