THE 1359th REGULAR MEETING OF THE CITY COUNCIL WAS HELD ON MONDAY, OCTOBER 3, 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.
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 .