THE 1361st REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, NOVEMBER 7, 2011 @ 7:00PM IN THE COUNCIL CHAMBERSCALL 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.